[Congressional Record (Bound Edition), Volume 154 (2008), Part 1]
[Issue]
[Pages 416-617]
[From the U.S. Government Publishing Office, www.gpo.gov]



[[Page 416]]

           HOUSE OF REPRESENTATIVES--Tuesday, January 22, 2008


  The House met at 12:30 p.m. and was called to order by the Speaker 
pro tempore (Mr. McGovern).

                          ____________________




                   DESIGNATION OF SPEAKER PRO TEMPORE

  The SPEAKER pro tempore laid before the House the following 
communication from the Speaker:

                                               Washington, DC,

                                                 January 22, 2008.
       I hereby appoint the Honorable James P. McGovern to act as 
     Speaker pro tempore on this day.
                                                     Nancy Pelosi,
     Speaker of the House of Representatives.

                          ____________________




                          MORNING-HOUR DEBATE

  The SPEAKER pro tempore. Pursuant to the order of the House of 
January 4, 2007, the Chair will now recognize Members from lists 
submitted by the majority and minority leaders for morning-hour debate.
  The Chair will alternate recognition between the parties, with each 
party limited to 30 minutes and each Member, other than the majority 
and minority leaders and the minority whip, limited to 5 minutes.
  The Chair recognizes the gentlewoman from Illinois (Mrs. Biggert) for 
2 minutes.

                          ____________________




                            PROTECT AMERICA

  Mrs. BIGGERT. Mr. Speaker, I rise today to discuss a matter of great 
urgency. In just a few short days, the legislation that permits our 
intelligence community to monitor terrorist communications will expire. 
This law, known as the Protect America Act, is a vital tool used by 
American agents to quickly intercept and act upon electronic 
communications between foreign terrorists.
  Just last summer, we passed this law because Congress recognized that 
the Foreign Intelligence Surveillance Act of 1978 was not designed to 
govern the surveillance of modern telecommunications, the same 
electronic communications that groups like al Qaeda are using to plan 
attacks against U.S. citizens. I, for one, still believe that 
intelligence analysts shouldn't need to consult with lawyers every time 
a suspected terrorist buys a new disposable cell phone. But unless we 
act before February 1, that is exactly the kind of legal delay that our 
intelligence agents will face.
  So let's abandon the partisan rhetoric and enact a long-term 
reauthorization of this important law, and let's do so without adding 
new bureaucratic hurdles or exposing private communication companies to 
unjustified lawsuits. Our men and women on the front lines deserve 
every tool we can give them to intercept and interrupt terrorist plots. 
The American people count on them to keep us safe. Let's pass this law.

                          ____________________




                          PAYROLL TAX HOLIDAY

  The SPEAKER pro tempore. Pursuant to the order of the House of 
January 4, 2007, the gentleman from Oregon (Mr. DeFazio) is recognized 
during morning-hour debate for 5 minutes.
  Mr. DeFAZIO. The Bush administration presided over the creation of 
the housing bubble and the underlying exotic financial instruments with 
their typical ``hands off'' regulatory approach. Now it has exploded, 
and some in the administration are recognizing that the economy is in 
trouble, something that middle-income America and average Americans 
have known for quite some time.
  Finally, the President and his appointees are talking about some 
stimulus. But they are drawing a line. They are saying yes, we will do 
some stimulus, but we will not invest in America. There will be no 
infrastructure investment. They are saying that would be bad. So far, 
there's no indication either that they intend to bring any regulatory 
discipline to the bizarre, exotic, over-leveraged, and opaque financial 
markets, something that also cries out to be done.
  Stimulus, yes. I believe we can reach agreement on that. It needs to 
be targeted toward those who have been hurt the worst: Middle-income 
and working families. The best way to do that, the most progressive way 
to do that would be through a payroll tax holiday. Nearly half of the 
people in this country pay more in payroll taxes than they do Federal 
income taxes. It's a flat, regressive tax. Forty-four percent pay more 
in payroll taxes than they do income taxes. Lower income Americans, 
seniors in particular, who work part-time jobs to augment their 
retirement Social Security, pay no taxes, and would not get any rebates 
under the President's plan. They need help too. They are struggling 
with higher costs of medical care, fuel, and heating like everybody 
else in this country.
  So a payroll tax holiday would be the fairest way to get money to the 
people who need it the most, who would be most likely to spend the 
money, and provide some short-term stimulus to the economy. That is 
short-term. But long-term we need to reinvest in America, and it is 
strange the President draws a line in the sand there. It is not so 
strange, I guess, since the Secretary of Transportation last week, Mary 
Peters, recommended phasing out any Federal role, any Federal 
investment in our roads, bridges, highways, and transportation systems 
in this country. She said the financial markets will take care of that, 
they will lend us the money, the same financial markets that are 
totally in the tank and having to go overseas now, the same big firms 
that are borrowing money from Saudi Arabia and other state funds in 
order to stay afloat because of all their speculation. No. We need 
investment in America.
  Unemployment among construction workers is up to nearly 10 percent, 
and nearly a million are unemployed. If we just spent $15 billion on 
ready-to-go and needed infrastructure projects in this country; roads, 
bridges, highways, water and sewer systems, we could put 712,000 people 
to work. That's 712,000 people. We could basically wipe out 
unemployment in the construction trades. But the President says no. He 
won't borrow money to invest in America, he will borrow some money to 
provide some short-term consumption.
  Of course, part of the problem with that is those who won't just use 
it to pay bills, or essentials, which many will, will be buying things 
that aren't made in America any more. So that money is going to leak 
overseas to China when they buy that flat screen television with the 
$600 or $800 rebate the President is proposing.
  So we need both. We need a stimulus, and that will help some if it's 
targeted to those most in need, but we also need a long-term 
reinvestment in our country. It will make us more economically 
efficient, it will save fuel, and it will put people to work. It's 
worth borrowing money to do that.

                          ____________________




                                 RECESS

  The SPEAKER pro tempore. Pursuant to clause 12(a) of rule I, the 
Chair declares the House in recess until 2 p.m. today.
  Accordingly (at 12 o'clock and 42 minutes p.m.), the House stood in 
recess until 2 p.m.

[[Page 417]]



                          ____________________




                              {time}  1400
                              AFTER RECESS

  The recess having expired, the House was called to order by the 
Speaker pro tempore (Mrs. Tauscher) at 2 p.m.

                          ____________________




                                 PRAYER

  The Chaplain, the Reverend Daniel P. Coughlin, offered the following 
prayer:
  Lord God, You not only design but create. You sustain and shape what 
we know as reality. In Your hands as the craftsman and artist, we are 
instruments for a time. Fitting into the palm of Your hands we can 
accomplish Your will and produce what You have in mind for us. Or we 
can prove unfit to achieve Your purpose for the task at hand.
  Almighty God, help us to see ourselves as instruments in Your hands 
shaping the times we live in. In addition, enable us to see every other 
living person as Your creative instrument as well.
  Only by relating to each one as Yours can we find our true identity, 
work together, and truly give You glory, now and forever. Amen.

                          ____________________




                              THE JOURNAL

  The SPEAKER pro tempore. The Chair has examined the Journal of the 
last day's proceedings and announces to the House her approval thereof.
  Pursuant to clause 1, rule I, the Journal stands approved.

                          ____________________




                          PLEDGE OF ALLEGIANCE

  The SPEAKER pro tempore. Will the gentleman from Texas (Mr. Poe) come 
forward and lead the House in the Pledge of Allegiance.
  Mr. POE led the Pledge of Allegiance as follows:

       I pledge allegiance to the Flag of the United States of 
     America, and to the Republic for which it stands, one nation 
     under God, indivisible, with liberty and justice for all.

                          ____________________




                MEXICAN BORDER RAIDERS HAVE STRUCK AGAIN

  (Mr. POE asked and was given permission to address the House for 1 
minute.)
  Mr. POE. Madam Speaker, in the desert sand dunes near the western 
town of Yuma, Arizona, Mexican border raiders have struck again. These 
outlaws snuck into America driving high dollar SUVs. They were 
smuggling dope into America. But American lawmen were waiting for these 
bandits. Upon seeing the good guys, however, the drug dealers sped back 
toward the safe haven of complacent Mexico.
  Border Agent Louis Aguilar of El Paso, Texas, cut them off and threw 
tire spikes into their path. But the illegal driving a fancy Humvee at 
a speed of 55 miles an hour ran over and killed Agent Aguilar. One 
witness said ``the driver swerved and hit the agent on purpose.'' The 
Humvee, bandits and drugs disappeared in the dust across the border to 
a protected hideout in the badlands of Mexico.
  Aguilar was 32, married and had two little kids. The Mexican 
government said it will find the killers. Yeah, right.
  There is a border war going on, Madam Speaker. Agents should have the 
authority to prevent the infiltration of criminal bandits into our 
homeland by any legal means necessary. Otherwise, our Nation will 
continue to be at risk by these invaders.
  And that's just the way it is.

                          ____________________




    COMMUNICATION FROM CHAIRMAN OF COMMITTEE ON TRANSPORTATION AND 
                             INFRASTRUCTURE

  The SPEAKER pro tempore laid before the House the following 
communication from the chairman of the Committee on Transportation and 
Infrastructure; which was read and, without objection, referred to the 
Committee on Appropriations:

         House of Representatives, Committee on Transportation and 
           Infrastructure,
                                 Washington, DC, January 17, 2008.
     Hon. Nancy Pelosi,
     Speaker of the House, House of Representatives, The Capitol, 
         Washington, DC.
       Dear Madam Speaker, on January 16, 2008, the Committee on 
     Transportation and Infrastructure met in open session to 
     consider 17 resolutions authorizing the General Services 
     Administration (``GSA'') Capital Investment Program for 
     Fiscal Year 2008, in accordance with 40 U.S.C. Sec. 3307. The 
     resolutions authorize leases for various Federal agencies. 
     The Committee adopted the resolutions with a quorum present.
       Enclosed are copies of the resolutions adopted by the 
     Committee on Transportation and Infrastructure on January 16, 
     2008.
           Sincerely,
                                                James L. Oberstar,
                                                         Chairman.
       Enclosures.
                                  ____


             Lease--Internal Revenue Service, San Jose, CA

       Resolved by the Committee on Transportation and 
     Infrastructure of the U.S. House of Representatives, that, 
     pursuant to title 40 U.S.C. Sec. 3307, appropriations are 
     authorized to lease up to 122,000 rentable square feet for 
     the Internal Revenue Service, currently located at 55 S. 
     Market Street, San Jose, CA, at a proposed total annual cost 
     of $4,270,000 for a lease term of up to 10 years, a 
     prospectus for which is attached to and included in this 
     resolution.
       Approval of this prospectus constitutes authority to 
     execute an interim lease for all tenants, if necessary, prior 
     to the execution of the new lease.
       Provided, that, to the maximum extent practicable, the 
     Administrator of General Services shall require that the 
     procurement includes minimum performance requirements 
     requiring energy efficiency and the use of renewable energy.
       Provided further, that the Administrator shall require that 
     the delineated area of the procurement is identical to the 
     delineated area included in the prospectus, except that, if 
     the Administrator determines that the delineated area of the 
     procurement should not be identical to the delineated area 
     included in the prospectus, the Administrator shall provide 
     an explanatory statement to the Committee on Transportation 
     and Infrastructure of the House of Representatives prior to 
     exercising any lease authority provided in this resolution.
       Provided further, that the General Services Administration 
     shall not delegate to any other agency the authority granted 
     by this resolution.
                                  ____

       Resolved by the Committee on Transportation and 
     Infrastructure of the U.S. House of Representatives, that, 
     pursuant to title 40 U.S.C. Sec. 3307, appropriations are 
     authorized to lease up to 82,274 rentable square feet for the 
     Department of the Treasury, currently located at 1650 65th 
     Street, in Emeryville, CA, at a proposed total annual cost of 
     $2,879,590 for a lease term of up to 12 years, a prospectus 
     for which is attached to and included in this resolution.
       Approval of this prospectus constitutes authority to 
     execute an interim lease for all tenants, if necessary, prior 
     to the execution of the new lease.
       Provided, that, to the maximum extent practicable, the 
     Administrator of General Services shall require that the 
     procurement includes minimum performance requirements 
     requiring energy efficiency and the use of renewable energy.
       Provided further, that the Administrator shall require that 
     the delineated area of the procurement is identical to the 
     delineated area included in the prospectus, except that, if 
     the Administrator determines that the delineated area of the 
     procurement should not be identical to the delineated area 
     included in the prospectus, the Administrator shall provide 
     an explanatory statement to the Committee on Transportation 
     and Infrastructure of the House of Representatives prior to 
     exercising any lease authority provided in this resolution.
       Provided further, that the General Services Administration 
     shall not delegate to any other agency the authority granted 
     by this resolution.
                                  ____


Lease--Court Services and Offender Supervision Agency--Public Defender 
   Service for the District of Columbia--Pre-Trial Services Agency, 
                             Washington, DC

       Resolved by the Committee on Transportation and 
     Infrastructure of the U.S. House of Representatives, that, 
     pursuant to title 40 U.S.C. Sec. 3307, appropriations are 
     authorized to lease up to 151,300 rentable square feet for 
     the Court Services and Offender Supervision Agency, Public 
     Defender Service for the District of Columbia, and Pre-trial 
     Services Agency, currently located at 633 Indiana Avenue, 
     NW., Washington, DC, at a proposed total annual cost of 
     $7,111,100 for a lease term of up to 10 years, a prospectus 
     for which is attached to and included in this resolution.
       Approval of this prospectus constitutes authority to 
     execute an interim lease for all tenants, if necessary, prior 
     to the execution of the new lease.
       Provided, that, to the maximum extent practicable, the 
     Administrator of General Services shall require that the 
     procurement includes minimum performance requirements 
     requiring energy efficiency and the use of renewable energy.

[[Page 418]]

       Provided further, that the Administrator shall require that 
     the delineated area of the procurement is identical to the 
     delineated area included in the prospectus, except that, if 
     the Administrator determines that the delineated area of the 
     procurement should not be identical to the delineated area 
     included in the prospectus, the Administrator shall provide 
     an explanatory statement to the Committee on Transportation 
     and Infrastructure of the House of Representatives prior to 
     exercising any lease authority provided in this resolution.
       Provided further, that the General Services Administration 
     shall not delegate to any other agency the authority granted 
     by this resolution.
                                  ____


   Lease--Court Services and Offenders Supervision Agency--Pre-Trial 
                    Services Agency, Washington, DC

       Resolved by the Committee on Transportation and 
     Infrastructure of the U.S. House of Representatives, that, 
     pursuant to title 40 U.S.C. Sec. 4 3307, appropriations are 
     authorized to lease up to 79,105 rentable square feet for the 
     Court Services and Offender Supervision Agency and Pre-trial 
     Services Agency, currently located at 300 Indiana Avenue, 
     NW., Washington, DC, at a proposed total annual cost of 
     $3,717,935 for a lease term of up to 10 years, a prospectus 
     for which is attached to and included in this resolution.
       Approval of this prospectus constitutes authority to 
     execute an interim lease for all tenants, if necessary, prior 
     to the execution of the new lease.
       Provided, that, to the maximum extent practicable, the 
     Administrator of General Services shall require that the 
     procurement includes minimum performance requirements 
     requiring energy efficiency and the use of renewable energy.
       Provided further, that the Administrator shall require that 
     the delineated area of the procurement is identical to the 
     delineated area included in the prospectus, except that, if 
     the Administrator determines that the delineated area of the 
     procurement should not be identical to the delineated area 
     included in the prospectus, the Administrator shall provide 
     an explanatory statement to the Committee on Transportation 
     and Infrastructure of the House of Representatives prior to 
     exercising any lease authority provided in this resolution.
       Provided further, that the General Services Administration 
     shall not delegate to any other agency the authority granted 
     by this resolution.
                                  ____


       Amended Lease--Department of the Interior, Washington, DC

       Resolved by the Committee on Transportation and 
     Infrastructure of the U.S. House of Representatives, that, 
     pursuant to title 40 U.S.C. Sec. 3307, appropriations are 
     authorized to amend lease prospectus PDC-09-WA05 to lease up 
     to 94,435 rentable square feet for the Department of the 
     Interior, Bureau of Land Management, currently located at 
     1620 L Street NW., Washington, DC, at a proposed total annual 
     cost of $4,438,445 for a lease term of up to 10 years, a 
     prospectus for which is attached to and included in this 
     resolution. This resolution amends the Committee resolution 
     of July 21, 2004, which authorized prospectus PDC-09-WA05, a 
     lease up to 74,698 rentable square feet, at a proposed total 
     annual cost of $3,361,410 for a lease term of up to 10 years.
       Approval of this prospectus constitutes authority to 
     execute an interim lease for all tenants, if necessary, prior 
     to the execution of the new lease.
       Provided, that, to the maximum extent practicable, the 
     Administrator of General Services shall require that the 
     procurement includes minimum performance requirements 
     requiring energy efficiency and the use of renewable energy.
       Provided further, that the Administrator shall require that 
     the delineated area of the procurement is identical to the 
     delineated area included in the prospectus, except that, if 
     the Administrator determines that the delineated area of the 
     procurement should not be identical to the delineated area 
     included in the prospectus, the Administrator shall provide 
     an explanatory statement to the Committee on Transportation 
     and Infrastructure of the House of Representatives prior to 
     exercising any lease authority provided in this resolution.
       Provided further, that the General Services Administration 
     shall not delegate to any other agency the authority granted 
     by this resolution.
                                  ____


   Lease--National Archives and Records Administration, St. Louis, MO

       Resolved by the Committee on Transportation and 
     Infrastructure of the U.S. House of Representatives, that, 
     pursuant to title 40 U.S.C. Sec. 3307, appropriations are 
     authorized to lease up to 524,737 rentable square feet for 
     the National Archives and Records Administration, currently 
     located in two government-owned buildings at the Federal 
     Records Center at 9700 Page Boulevard in Overland, MO and one 
     leased facility at 1319 Dielman Road in St. Louis, MO, at a 
     proposed total annual cost of $11,545,137 for a lease term of 
     up to 20 years, a prospectus for which is attached to and 
     included in this resolution.
       Approval of this prospectus constitutes authority to 
     execute an interim lease for all tenants, if necessary, prior 
     to the execution of the new lease.
       Provided, that, to the maximum extent practicable, the 
     Administrator of General Services shall require that the 
     procurement includes minimum performance requirements 
     requiring energy efficiency and the use of renewable energy.
       Provided further, that the Administrator shall require that 
     the delineated area of the procurement is identical to the 
     delineated area included in the prospectus, except that, if 
     the Administrator determines that the delineated area of the 
     procurement should not be identical to the delineated area 
     included in the prospectus, the Administrator shall provide 
     an explanatory statement to the Committee on Transportation 
     and Infrastructure of the House of Representatives prior to 
     exercising any lease authority provided in this resolution.
       Provided further, that the General Services Administration 
     shall not delegate to any other agency the authority granted 
     by this resolution.
                                  ____


   Lease--Department of Defense--Defense Advanced Research Projects 
                       Agency, Northern Virginia

       Resolved by the Committee on Transportation and 
     Infrastructure of the U.S. House of Representatives, that, 
     pursuant to title 40 U.S.C. Sec. 5 3307, appropriations are 
     authorized to lease up to 362,671 rentable square feet for 
     the Department of Defense, Defense Advanced Research Projects 
     Agency, currently located at 3701 North Fairfax Drive and 
     4301 North Fairfax Drive in Arlington, VA, at a proposed 
     total annual cost of $14,506,840 for a lease term of up to 15 
     years, a prospectus for which is attached to and included in 
     this resolution.
       Approval of this prospectus constitutes authority to 
     execute an interim lease for all tenants, if necessary, prior 
     to the execution of the new lease.
       Provided, that, to the maximum extent practicable, the 
     Administrator of General Services shall require that the 
     procurement includes minimum performance requirements 
     requiring energy efficiency and the use of renewable energy.
       Provided further, that the Administrator shall require that 
     the delineated area of the procurement is identical to the 
     delineated area included in the prospectus, except that, if 
     the Administrator determines that the delineated area of the 
     procurement should not be identical to the delineated area 
     included in the prospectus, the Administrator shall provide 
     an explanatory statement to the Committee on Transportation 
     and Infrastructure of the House of Representatives prior to 
     exercising any lease authority provided in this resolution.
       Provided further, that the General Services Administration 
     shall not delegate to any other agency the authority granted 
     by this resolution.
                                  ____


 Lease--Department of Defense, Crystal Gateway North, Northern Virginia

       Resolved by the Committee on Transportation and 
     Infrastructure of the U.S. House of Representatives, that, 
     pursuant to title 40 U.S.C. Sec. 3307, appropriations are 
     authorized to lease up to 133,292 rentable square feet for 
     the Department of Defense, currently located at Crystal 
     Gateway North, 1111 Jefferson Davis Highway, Arlington, VA, 
     at a proposed total annual cost of $4,665,220 for a lease 
     term of up to three years, a prospectus for which is attached 
     to and included in this resolution.
       Approval of this prospectus constitutes authority to 
     execute an interim lease for all tenants, if necessary, prior 
     to the execution of the new lease.
       Provided, that, to the maximum extent practicable, the 
     Administrator of General Services shall require that the 
     procurement includes minimum performance requirements 
     requiring energy efficiency and the use of renewable energy.
       Provided further, that the Administrator shall require that 
     the delineated area of the procurement is identical to the 
     delineated area included in the prospectus, except that, if 
     the Administrator determines that the delineated area of the 
     procurement should not be identical to the delineated area 
     included in the prospectus, the Administrator shall provide 
     an explanatory statement to the Committee on Transportation 
     and Infrastructure of the House of Representatives prior to 
     exercising any lease authority provided in this resolution.
       Provided further, that the General Services Administration 
     shall not delegate to any other agency the authority granted 
     by this resolution.
                                  ____


       Lease--Environmental Protection Agency, San Francisco, CA

       Resolved by the Committee on Transportation and 
     Infrastructure of the U.S. House of Representatives, that, 
     pursuant to title 40 U.S.C. Sec. 3307, appropriations are 
     authorized to lease up to 275,135 rentable square feet for 
     the Environmental Protection Agency, currently located at 75 
     Hawthorne Street in San Francisco, CA, at a proposed total 
     annual cost of $13,756,750 for a lease term of up to 15 
     years, a prospectus for which is attached to and included in 
     this resolution.
       Approval of this prospectus constitutes authority to 
     execute an interim lease for all

[[Page 419]]

     tenants, if necessary, prior to the execution of the new 
     lease.
       Provided, that, to the maximum extent practicable, the 
     Administrator of General Services shall require that the 
     procurement includes minimum performance requirements 
     requiring energy efficiency and the use of renewable energy.
       Provided further, that the Administrator shall require that 
     the delineated area of the procurement is identical to the 
     delineated area included in the prospectus, except that, if 
     the Administrator determines that the delineated area of the 
     procurement should not be identical to the delineated area 
     included in the prospectus, the Administrator shall provide 
     an explanatory statement to the Committee on Transportation 
     and Infrastructure of the House of Representatives prior to 
     exercising any lease authority provided in this resolution.
       Provided further, that the General Services Administration 
     shall not delegate to any other agency the authority granted 
     by this resolution.
                                  ____


       Lease--Federal Bureau of Investigation, San Francisco, CA

       Resolved by the Committee on Transportation and 
     Infrastructure of the U.S. House of Representatives, that, 
     pursuant to title 40 U.S.C. Sec. 3307, appropriations are 
     authorized to lease up to 215,459 rentable square feet for 
     the Federal Bureau of Investigation, currently located in the 
     federally owned Phillip Burton Federal Building in San 
     Francisco and a leased facility at 4703 Tidewater Avenue in 
     Oakland, CA, at a proposed total annual cost of $13,142,999 
     for a lease term of up to 20 years, a prospectus for which is 
     attached to and included in this resolution.
       Approval of this prospectus constitutes authority to 
     execute an interim lease for all tenants, if necessary, prior 
     to the execution of the new lease.
       Provided, that, to the maximum extent practicable, the 
     Administrator of General Services shall require that the 
     procurement includes minimum performance requirements 
     requiring energy efficiency and the use of renewable energy.
       Provided further, that the Administrator shall require that 
     the delineated area of the procurement is identical to the 
     delineated area included in the prospectus, except that, if 
     the Administrator determines that the delineated area of the 
     procurement should not be identical to the delineated area 
     included in the prospectus, the Administrator shall provide 
     an explanatory statement to the Committee on Transportation 
     and Infrastructure of the House of Representatives prior to 
     exercising any lease authority provided in this resolution.
       Provided further, that the General Services Administration 
     shall not delegate to any other agency the authority granted 
     by this resolution.
                                  ____


       Amended Lease--Drug Enforcement Administration, Miami, FL

       Resolved by the Committee on Transportation and 
     Infrastructure of the U.S. House of Representatives, that, 
     pursuant to title 40 U.S.C. Sec. 3307, appropriations are 
     authorized to lease up to 58,811 rentable square feet for the 
     Drug Enforcement Administration, currently located in the 
     Columbus Building, 5205 NW 84th Avenue, Miami, FL, at a 
     proposed total annual cost of $3,881,527 for a lease term of 
     up to 20 years, which is attached to and included in this 
     resolution. This resolution amends the Committee resolution 
     of February 25, 2004, which authorized prospectus PFL-02-
     MI04, a lease of up to 58,811 rentable square feet, at a 
     proposed annual cost of $3,116,983 for a lease term of up to 
     15 years.
       Approval of this prospectus constitutes authority to 
     execute an interim lease for all tenants, if necessary, prior 
     to the execution of the new lease.
       Provided, that, to the maximum extent practicable, the 
     Administrator of General Services shall require that the 
     procurement includes minimum performance requirements 
     requiring energy efficiency and the use of renewable energy.
       Provided further, that the Administrator shall require that 
     the delineated area of the procurement is identical to the 
     delineated area included in the prospectus, except that, if 
     the Administrator determines that the delineated area of the 
     procurement should not be identical to the delineated area 
     included in the prospectus, the Administrator shall provide 
     an explanatory statement to the Committee on Transportation 
     and Infrastructure of the House of Representatives prior to 
     exercising any lease authority provided in this resolution.
       Provided further, that the General Services Administration 
     shall not delegate to any other agency the authority granted 
     by this resolution.
                                  ____


           Lease--Nuclear Regulatory Commission, Atlanta, GA

       Resolved by the Committee on Transportation and 
     Infrastructure of the U.S. House of Representatives, that, 
     pursuant to title 40 U.S.C. Sec. 3307, appropriations are 
     authorized to lease up to 101,528 rentable square feet for 
     the Nuclear Regulatory Commission, currently located in the 
     Sam Nunn Atlanta Federal Center and Richard B. Russell FB-CT 
     in Atlanta, GA, at a proposed total annual cost of $3,959,592 
     for a lease term of up to 15 years, a prospectus which is 
     attached to and included in this resolution.
       Approval of this prospectus constitutes authority to 
     execute an interim lease for all tenants, if necessary, prior 
     to the execution of the new lease.
       Provided, that, to the maximum extent practicable, the 
     Administrator of General Services shall require that the 
     procurement includes minimum performance requirements 
     requiring energy efficiency and the use of renewable energy.
       Provided further, that the Administrator shall require that 
     the delineated area of the procurement is identical to the 
     delineated area included in the prospectus, except that, if 
     the Administrator determines that the delineated area of the 
     procurement should not be identical to the delineated area 
     included in the prospectus, the Administrator shall provide 
     an explanatory statement to the Committee on Transportation 
     and Infrastructure of the House of Representatives prior to 
     exercising any lease authority provided in this resolution.
       Provided further, that the General Services Administration 
     shall not delegate to any other agency the authority granted 
     by this resolution.
                                  ____


         Lease--Federal Aviation Administration, Burlington, MA

       Resolved by the Committee on Transportation and 
     Infrastructure of the U.S. House of Representatives, that, 
     pursuant to title 40 U.S.C. Sec. 3307, appropriations are 
     authorized to lease up to 92,000 rentable square feet for the 
     Federal Aviation Administration, currently located in two 
     buildings in the New England Executive Park Burlington, MA, 
     at a proposed total annual cost of $3,956,000 for a lease 
     term of up to 10 years, a prospectus which is attached to and 
     included in this resolution.
       Approval of this prospectus constitutes authority to 
     execute an interim lease for all tenants, if necessary, prior 
     to the execution of the new lease.
       Provided, that, to the maximum extent practicable, the 
     Administrator of General Services shall require that the 
     procurement includes minimum performance requirements 
     requiring energy efficiency and the use of renewable energy.
       Provided further, that the Administrator shall require that 
     the delineated area of the procurement is identical to the 
     delineated area included in the prospectus, except that, if 
     the Administrator determines that the delineated area of the 
     procurement should not be identical to the delineated area 
     included in the prospectus, the Administrator shall provide 
     an explanatory statement to the Committee on Transportation 
     and Infrastructure of the House of Representatives prior to 
     exercising any lease authority provided in this resolution.
       Provided further, that the General Services Administration 
     shall not delegate to any other agency the authority granted 
     by this resolution.
                                  ____


 Amended Lease--Federal Bureau of Investigation, Frederick County, VA 
                        and Berkeley County, WV

       Resolved by the Committee on Transportation and 
     Infrastructure of the U.S. House of Representatives, that, 
     pursuant to title 40 U.S.C. Sec. 3307, appropriations are 
     authorized to lease up to 626,488 rentable square feet for 
     the Federal Bureau of Investigation, currently located at the 
     Central Records Complex, in Frederick County, VA, at a 
     proposed total annual cost of $27,565,000 for a lease term of 
     up to 20 years, which is attached to and included in this 
     resolution. This resolution amends a July 19, 2006 Committee 
     resolution that authorized a lease up to 947,000 rentable 
     square feet, at a proposed total annual cost of $33,145,000 
     for a lease term of up to 20 years. The Committee resolution 
     of July 19, 2006, amended an October 26, 2005 Committee 
     resolution which authorized a lease up to 947,000 rentable 
     square feet, at a proposed total annual cost of $33,145,000 
     for a lease term of 15 years.
       Approval of this prospectus constitutes authority to 
     execute an interim lease for all tenants, if necessary, prior 
     to the execution of the new lease.
       Provided, that, to the maximum extent practicable, the 
     Administrator of General Services shall require that the 
     procurement includes minimum performance requirements 
     requiring energy efficiency and the use of renewable energy.
       Provided further, that the Administrator shall require that 
     the delineated area of the procurement is identical to the 
     delineated area included in the prospectus, except that, if 
     the Administrator determines that the delineated area of the 
     procurement should not be identical to the delineated area 
     included in the prospectus, the Administrator shall provide 
     an explanatory statement to the Committee on Transportation 
     and Infrastructure of the House of Representatives prior to 
     exercising any lease authority provided in this resolution.
       Provided further, that the General Services Administration 
     shall not delegate to any other agency the authority granted 
     by this resolution.

[[Page 420]]

     
                                  ____
Lease--Department of Energy--National Nuclear Security Administration, 
                            Kansas City, MO

       Resolved by the Committee on Transportation and 
     Infrastructure of the U.S. House of Representatives, that, 
     pursuant to title 40 U.S.C. Sec. 3307, appropriations are 
     authorized to lease up to 1,552,500 rentable square feet for 
     the Department of Energy, National Nuclear Security 
     Administration currently located at the Bannister Federal 
     Complex in Kansas City, MO, at a proposed total annual cost 
     of $58,995,000 for a lease term of up to 20 years, a 
     prospectus which is attached to and included in this 
     resolution.
       Approval of this prospectus constitutes authority to 
     execute an interim lease for all tenants, if necessary, prior 
     to the execution of the new lease.
       Provided, that, to the maximum extent practicable, the 
     Administrator of General Services shall require that the 
     procurement includes minimum performance requirements 
     requiring energy efficiency and the use of renewable energy.
       Provided further, that the Administrator shall require that 
     the delineated area of the procurement is identical to the 
     delineated area included in the prospectus, except that, if 
     the Administrator determines that the delineated area of the 
     procurement should not be identical to the delineated area 
     included in the prospectus, the Administrator shall provide 
     an explanatory statement to the Committee on Transportation 
     and Infrastructure of the House of Representatives prior to 
     exercising any lease authority provided in this resolution.
       Provided further, that the General Services Administration 
     shall not delegate to any other agency the authority granted 
     by this resolution.
                                  ____


   Alterations in Leased Space, Federal Bureau of Investigation, San 
                               Diego, CA

       Resolved by the Committee on Transportation and 
     Infrastructure of the U.S. House of Representatives, that, 
     pursuant to title 40 U.S.C. Sec. 3307, appropriations are 
     authorized for the alteration of leased space at 4181 Ruffin 
     Road, San Diego, CA, for the Federal Bureau of Investigation 
     centralized Intelligence and Counter Terrorism Fusion Center, 
     at design costs of $300,000, and estimated construction costs 
     of $2,936,000, for an estimated project cost of $3,236,000, a 
     prospectus which is attached to and included in this 
     resolution.
       Provided, that, to the maximum extent practicable and 
     considering life-cycle costs appropriate for the geographic 
     area, the General Services Administration (``GSA'') shall use 
     energy efficient and renewable energy systems, including 
     photovoltaic systems, in carrying out the project.
       Provided further, that, within 180 days of approval of this 
     resolution, GSA shall submit to the Committee on 
     Transportation and Infrastructure of the U.S. House of 
     Representatives and the Committee on Environment and Public 
     Works of the U.S. Senate a report on the planned use of 
     energy efficient and renewable energy systems, including 
     photovoltaic systems, for such project and, if such systems 
     are not used for the project, the specific rationale for 
     GSA's decision.
       Provided further, that, beginning on the date of approval 
     of this resolution, each alteration, design, or construction 
     prospectus submitted by GSA shall include an estimate of the 
     future energy performance of the building and a specific 
     description of the use of energy efficient and renewable 
     energy systems, including photovoltaic systems, in carrying 
     out the project.
                                  ____


Alterations in Leased Space, Bureau of the Public Debt, Mineral Wells, 
                                   WV

       Resolved by the Committee on Transportation and 
     Infrastructure of the U.S. House of Representatives, that, 
     pursuant to 40 U.S.C. Sec. 3307, appropriations are 
     authorized for the installation of a backup generator and 
     uninterruptible power supply at the Bureau of the Public 
     Debt's Contingency and Alternate Processing Site facility 
     located in Mineral Wells, WV, at design costs of $50,000, 
     management and inspection costs of $68,000 and estimated 
     construction costs of $1,737,000, for an estimated project 
     cost of $1,855,000, a prospectus for which is attached to, 
     and included in, this resolution.
       Provided, that, to the maximum extent practicable and 
     considering life-cycle costs appropriate for the geographic 
     area, the General Services Administration (``GSA'') shall use 
     energy efficient and renewable energy systems, including 
     photovoltaic systems, in carrying out the project.
       Provided further, that, within 180 days of approval of this 
     resolution, GSA shall submit to the Committee on 
     Transportation and Infrastructure of the U.S. House of 
     Representatives and the Committee on Environment and Public 
     Works of the U.S. Senate a report on the planned use of 
     energy efficient and renewable energy systems, including 
     photovoltaic systems, for such project and, if such systems 
     are not used for the project, the specific rationale for 
     GSA's decision.
       Provided further, that, beginning on the date of approval 
     of this resolution, each alteration, design, or construction 
     prospectus submitted by GSA shall include an estimate of the 
     future energy performance of the building and a specific 
     description of the use of energy efficient and renewable 
     energy systems, including photovoltaic systems, in carrying 
     out the project.

  There was no objection.

                          ____________________




                ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE

  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, the Chair 
will postpone further proceedings today on motions to suspend the rules 
on which a recorded vote or the yeas and nays are ordered, or on which 
the vote is objected to under clause 6 of rule XX.
  Record votes on postponed questions will be taken after 6:30 p.m. 
today.

                          ____________________




          MASTER SERGEANT KENNETH N. MACK POST OFFICE BUILDING

  Ms. NORTON. Madam Speaker, I move to suspend the rules and pass the 
bill (H.R. 3988) to designate the facility of the United States Postal 
Service located at 3107 Altamesa Boulevard in Fort Worth, Texas, as the 
``Master Sergeant Kenneth N. Mack Post Office Building''.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 3988

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

     SECTION 1. MASTER SERGEANT KENNETH N. MACK POST OFFICE 
                   BUILDING.

       (a) Designation.--The facility of the United States Postal 
     Service located at 3701 Altamesa Boulevard in Fort Worth, 
     Texas, shall be known and designated as the ``Master Sergeant 
     Kenneth N. Mack Post Office Building''.
       (b) References.--Any reference in a law, map, regulation, 
     document, paper, or other record of the United States to the 
     facility referred to in subsection (a) shall be deemed to be 
     a reference to the ``Master Sergeant Kenneth N. Mack Post 
     Office Building''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from 
the District of Columbia (Ms. Norton) and the gentleman from 
Connecticut (Mr. Shays) each will control 20 minutes.
  The Chair recognizes the gentlewoman from the District of Columbia.


                             General Leave

  Ms. NORTON. Madam Speaker, I ask unanimous consent that all Members 
may have 5 legislative days in which to revise and extend their 
remarks.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from the District of Columbia?
  There was no objection.
  Ms. NORTON. Madam Speaker, I yield myself such time as I may consume.
  As a member of the House Committee on Oversight and Government 
Reform, I am pleased to join my colleagues in consideration of H.R. 
3988, which names the postal facility in Fort Worth, Texas, after 
Master Sergeant Kenneth N. Mack.
  H.R. 3988, which was introduced by Representative Kay Granger of 
Texas on October 29, 2007, was reported from the Oversight Committee on 
December 12, 2007, by voice vote. This measure, which has been 
cosponsored by 31 Members, has the support of the entire Texas 
congressional delegation.
  Master Sergeant Mack was both a U.S. Marine and a postal employee for 
over 20 years before being killed in Iraq on February 5 during combat 
operations.
  Madam Speaker, I am pleased to join my colleague and to urge the 
swift passage of this bill.
  Madam Speaker, I reserve the balance of my time.
  Mr. SHAYS. Madam Speaker, I yield myself such time as I may consume.
  Madam Speaker, today we honor the life of Marine Corps Master 
Sergeant Kenneth Mack, a soldier who strongly believed in the fight for 
freedom and was a true American hero.
  In 1982, shortly after graduating from Southwest High School, Master 
Sergeant Mack joined the Marines, where he served honorably for 23 
years. Master Sergeant Mack was a Postal Service mechanic and Master 
Sergeant in the Marine Reserve assigned to the Second Marine 
Expeditionary Force out of Camp Lejeune, North Carolina.
  In March of last year, this dedicated soldier was called to duty in 
Iraq for the second time and once again had to leave his family to 
serve his country. On the morning of May 5th of that

[[Page 421]]

year, a roadside bomb struck Master Sergeant Mack's vehicle in Al Anbar 
Province, Iraq. In a flash, an outstanding 23-year Marine Corps career 
was over and he was killed.
  A passionate family man, Sergeant Mack's wife remembers him as a 
person who put his family first and made sure the family participated 
in many activities together. His primary goal in life was to be a 
mentor for his children and to all children, according to his wife. He 
leaves behind his wife, mother and two children. I might just add, 
obviously he put his country first, too.
  Madam Speaker, in recognition of his service to his community and 
country as a Postal Service mechanic and Marine, we feel it is fitting 
to name the postal facility located at 3701 Altamesa Boulevard in Forth 
Worth, Texas, in honor of Master Sergeant Kenneth Mack.
  Madam Speaker, I yield back the balance of my time.
  Ms. NORTON. Madam Speaker, I want to take note of the fact that this 
was probably a member of the Reserve or National Guard, because for 
over 20 years he had been a member of the Postal Service, which also 
comes under the jurisdiction of this committee.
  I think it bears underlining how much of the armed services of the 
United States today is made up of the post office, civil servants, 
first responders, often needed at home, but always willing to go where 
their country needs them. I find this a particularly deserving measure 
and urge passage of the bill.
  Madam Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentlewoman from the District of Columbia (Ms. Norton) that the House 
suspend the rules and pass the bill, H.R. 3988.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill was passed.
  A motion to reconsider was laid on the table.

                          ____________________




         ARMY PFC JUAN ALONSO COVARRUBIAS POST OFFICE BUILDING

  Ms. NORTON. Madam Speaker, I move to suspend the rules and pass the 
bill (H.R. 3720) to designate the facility of the United States Postal 
Service located at 424 Clay Avenue in Waco, Texas, as the ``Army PFC 
Juan Alonso Covarrubias Post Office Building''.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 3720

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

     SECTION 1. ARMY PFC JUAN ALONSO COVARRUBIAS POST OFFICE 
                   BUILDING.

       (a) Designation.--The facility of the United States Postal 
     Service located at 424 Clay Avenue in Waco, Texas, shall be 
     known and designated as the ``Army PFC Juan Alonso 
     Covarrubias Post Office Building''.
       (b) References.--Any reference in a law, map, regulation, 
     document, paper, or other record of the United States to the 
     facility referred to in subsection (a) shall be deemed to be 
     a reference to the ``Army PFC Juan Alonso Covarrubias Post 
     Office Building''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from 
the District of Columbia (Ms. Norton) and the gentleman from 
Connecticut (Mr. Shays) each will control 20 minutes.
  The Chair recognizes the gentlewoman from the District of Columbia.


                             General Leave

  Ms. NORTON. Madam Speaker, I ask unanimous consent that all Members 
may have 5 legislative days in which to revise and extend their 
remarks.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from the District of Columbia?
  There was no objection.
  Ms. NORTON. Madam Speaker, I yield myself such time as I may consume.
  Madam Speaker, I am pleased to join my colleagues in consideration of 
H.R. 3720, which names the postal facility in Waco, Texas, after Army 
PFC Juan Alonso Covarrubias.
  H.R. 3720, which was introduced by Representative Chet Edwards on 
October 7, 2007, was reported from the Oversight Committee on December 
12, 2007, by voice vote. This measure has been cosponsored by 31 
Members and has the support of the entire Texas delegation.
  The bill is named after a servicemember who served and died as an 
airborne paratrooper in the Vietnam war in 1969. As a member of the 
Army Selective Service, he served in Thua Thien, South Vietnam. Through 
his efforts and sacrifice, he was awarded the National Defense Service 
Medal, Vietnam Service Medal, and Bronze Star Medal. His name appears 
on the Vietnam Memorial in Washington, DC. I urge swift passage of this 
bill.
  Madam Speaker, I reserve the balance of my time.
  Mr. SHAYS. Madam Speaker, I yield myself such time as I may consume.
  Madam Speaker, on April 19, 1948, an American hero was born. His name 
was Juan Alonso Covarrubias. He was raised in Waco, Texas, but moved to 
Dallas, where he was drafted in 1968 into the United States Army. At 
the age of 20, he served courageously in Vietnam as an airborne 
paratrooper. It was there on April 24, 1969, in the Thua Thien 
Province, where he tragically lost his life while defending his 
country.
  Army Private First Class Covarrubias was buried with full military 
honors on April 4, 1969. Among his awards and decorations for his 
remarkable achievements are the Bronze Star Medal, Good Conduct Medal, 
National Defense Service Medal, Vietnam Service Medal, Expert Badge and 
Rifle Bar, Marksman Badge with Auto Rifle Bar, Sharpshooter Badge and 
Machine Gun Bar.

                              {time}  1415

  His service has also been acknowledged at the Waco Vietnam Veterans 
Memorial and on the veterans wall in Washington, DC.
  Madam Speaker, let us recognize the courageous service and ultimate 
sacrifice of Army Private First Class Juan Alonso Covarrubias by 
renaming the post office located at 424 Clay Avenue in Waco, Texas, in 
his honor.
  Madam Speaker, I yield back the balance of my time.
  Ms. NORTON. Madam Speaker, I am pleased to yield such time as he may 
require to the Member from Texas (Mr. Edwards) who sponsored this 
resolution.
  Mr. EDWARDS. Madam Speaker, let me first thank my colleagues for 
joining with me in honoring this great American. I rise today in 
support of H.R. 3720, which salutes the service and sacrifice of Army 
Private First Class Juan Alonso Covarrubias by naming a U.S. Post 
Office in Waco, Texas, my hometown, in his honor.
  For generations to come, citizens in Waco will be reminded that Mr. 
Covarrubias in the prime of his life in 1969, in the words of Lincoln, 
gave his ``last full measure of devotion'' to country.
  In doing so, Mr. Covarrubias joined the hallowed hall of heroes who, 
throughout our Nation's history, have given their lives and duty to 
country. Juan Alonso Covarrubias was born on April 19, 1948. He was 
raised in Waco and, as mentioned, later moved to Dallas. In 1968, he 
answered his country's call to duty. He served in the Army's famed 
101st Airborne Division and arrived in Vietnam on November 28, 1968, as 
a young 20-year-old airborne paratrooper.
  On March 24, 1969, just 1 month after the birth of his daughter, 
Tammy, this young father gave his life so very far from home. It is 
that type of incredible sacrifice that should remind us all that we are 
the land of the free, because we are still the home of the brave.
  With full military honors, Mr. Covarrubias was buried in Waco on Good 
Friday in 1969. While his final resting place may be there at Waco 
Memorial Park, I have faith that his spirit will touch the lives of 
others who will be inspired by this young man's love of country.
  Mr. Covarrubias is honored at the Waco Vietnam Veterans Memorial and 
on the Veterans Wall in Washington DC. He earned the National Defense 
Service Medal, Vietnam Service Medal, the Bronze Star Medal, the Good 
Conduct Medal, Expert Badge with Rifle Bar, Marksman Badge with Auto 
Rifle Bar, and the Sharpshooter Badge with Machine Gun Bar.

[[Page 422]]

  Upon the passage of this bill into law, thousands of Waco citizens 
who visit the U.S. Post Office at 424 Clay Avenue, just blocks away 
from the Waco VA regional office, will be touched by the life and 
sacrifice of the young man raised in their neighborhood.
  It is my hope that Hispanic Americans, who have time and again served 
our Nation in combat with distinction, will take special pride in 
knowing that Private First Class Covarrubias will forever stand as a 
symbol of all Hispanics who so patriotically served America in uniform.
  I especially want to thank my friend, a Vietnam veteran and a great 
veterans leader, Robert Gamboa, for working on this legislation to 
ensure that Mr. Covarrubias's service would never be forgotten.
  Madam Speaker, I believe the families and loved ones of our 
servicemen and women are truly the unsung heroes and heroines in our 
Nation's defense. That is why I want to express my respect to the 
family of Mr. Covarrubias, his 97-year-old father, Juan Covarrubias; 
his brother, Gilbert; his sister, Irene Covarrubias Ramirez; and his 
daughter, Tammy Covarrubias Boyett.
  I would also like to say to the Covarrubias family, which sacrificed 
so much for the American family, that a grateful Nation owes you a 
great, deep debt of gratitude.
  I would like to say to Tammy that while you never got to know your 
father in person, I hope you will always be proud that he loved you so 
much that he was willing to sacrifice his life for the country in which 
his little girl would be raised. Surely he must look down upon you now 
from a special place in heaven reserved for those who would lay down 
their lives for their neighbors.
  To Private Covarrubias's father, I would say, myself, as the father 
of two young sons, that no father should ever have to see his own son 
buried. But I hope you take comfort and pride in knowing that the 
spirit of your son that you helped bring into this world will be 
touching and inspiring the lives of others long after we are gone.
  Juan Alonso Covarrubias is an American hero who gave his life in 
defending our country in Vietnam. We humbly recognize that we could 
never fully repay him or his family and loved ones for their loss. But 
I hope and pray that honoring him in this way will celebrate his 
dedicated service and preserve his memory.
  Madam Speaker, with honor and respect for the life of Juan Alonso 
Covarrubias, I urge my colleagues to support H.R. 3720.
  Ms. NORTON. Madam Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentlewoman from the District of Columbia (Ms. Norton) that the House 
suspend the rules and pass the bill, H.R. 3720.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill was passed.
  A motion to reconsider was laid on the table.

                          ____________________




  EXPRESSING THE SENSE OF CONGRESS THAT THE UNITED STATES HAS A MORAL 
     RESPONSIBILITY TO MEET THE NEEDS OF THOSE PERSONS, GROUPS AND 
   COMMUNITIES THAT ARE IMPOVERISHED, DISADVANTAGED OR OTHERWISE IN 
                                POVERTY

  Ms. NORTON. Madam Speaker, I move to suspend the rules and agree to 
the concurrent resolution (H. Con. Res. 198) expressing the sense of 
Congress that the United States has a moral responsibility to meet the 
needs of those persons, groups and communities that are impoverished, 
disadvantaged or otherwise in poverty, as amended.
  The Clerk read the title of the concurrent resolution.
  The text of the concurrent resolution is as follows:

                            H. Con. Res. 198

       Whereas poverty can be seen as a deep, structural problem 
     that implicates our value system and our educational and 
     economic institutions;
       Whereas poverty may be defined as the lack of basic 
     necessities of life such as food, shelter, clothing, health 
     care, education, security, and opportunity;
       Whereas policy initiatives addressing poverty have not kept 
     pace with the needs of millions of Americans;
       Whereas many experts believe that the lack of an equitable 
     distribution of housing choices across the country leads to 
     isolation and concentrated poverty;
       Whereas the number of Americans living in poverty has risen 
     by over 5,000,000 since 2000;
       Whereas there were 37 million Americans living in poverty 
     in 2005;
       Whereas the official poverty rate in 2005 was 12.6 percent;
       Whereas 24.9 percent of African Americans, 21.8 percent of 
     Hispanics, 25.3 percent of Native Americans, 10.9 percent of 
     Asian Americans, and 8.3 percent of Whites lived in poverty 
     in the United States in 2005;
       Whereas in 2005 a family of 4 was considered poor under the 
     U.S. Census Bureau's official measure if the family's income 
     was below $19,971;
       Whereas the poverty rate for children 18 years and younger 
     (17.6 percent) remained higher than that of 18-24 year-olds 
     (11.1 percent) and that of people 65 and older (10.1 percent) 
     in 2005; and
       Whereas the number in poverty increased for people 65 and 
     older by almost 400,000 since 2000: Now, therefore, be it
       Resolved by the House of Representatives (the Senate 
     concurring), That it is the sense of Congress that the United 
     States should set a national goal of cutting poverty in half 
     over the next 10 years.

  The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from 
the District of Columbia (Ms. Norton) and the gentleman from 
Connecticut (Mr. Shays) each will control 20 minutes.
  The Chair recognizes the gentlewoman from the District of Columbia.


                             General Leave

  Ms. NORTON. Madam Speaker, I ask unanimous consent that all Members 
may have 5 legislative days within which to revise and extend their 
remarks.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from the District of Columbia?
  There was no objection.
  Ms. NORTON. Madam Speaker, I am pleased to join my colleagues in 
consideration of H. Con. Res. 198, as amended, which expresses the 
sense of Congress that the United States has a moral responsibility to 
meet the needs of those persons, groups and communities that are 
impoverished, disadvantaged or otherwise in poverty.
  H. Con. Res. 198 was introduced by Representative Barbara Lee on 
August 1, 2007, and was amended and reported from the Oversight 
Committee on December 12 by a voice vote. The measure has the support 
and sponsorship of 80 Members of Congress and reminds each of us of the 
important role we play in the battle against poverty.
  Madam Speaker, I want to continue with certain of my remarks in the 
Record, but I would like to make other remarks at this time.
  We have just come from the celebration of the birth of Martin Luther 
King, Jr. His signature issues, of course, were war and peace and 
poverty, falling only behind civil rights. It's clear that he achieved 
what he desired, certainly much of what we desired, because during the 
1960s there were three seminal civil rights bills passed, long-time 
goals of African Americans, other people of color, and many in this 
Chamber.
  But two of King's goals remain completely without remedy. One, of 
course, is war and peace, and you can imagine where he would have been 
on the war in Iraq. But perhaps, most telling, is that we celebrated 
Martin Luther King Jr.'s birthday at a time when the gap between rich 
and poor is considerably wider than when King died.
  Therefore, I am not sure whether the gentlewoman from California had 
in mind that we would bring this bill up right after Martin Luther King 
Jr.'s birthday, but there it is, and that makes it all the more timely.
  As it turns out, though, Madam Speaker, the state of the economy has 
rendered this issue high on the national agenda for the first time in 
many years. For the first time, the entire Congress will be looking or 
should be looking at those who have the least in our society and why. I 
am afraid it's not because of their high priority. They are the lowest 
voting group. They

[[Page 423]]

sometimes are invisible. But the fact is that economists across the 
board have said that we need to enact a stimulus package yesterday, and 
that in order for it to have any effect, and, in fact, not be effective 
when it might do more harm than good, we need to get the stimulus 
package in the pockets of people who can spend the money immediately.
  Therefore, many of us think that the people we know who will spend 
the money tomorrow are the people who have no money to spend. The 
people who run out of food stamps in the middle of the month. The 
people who have run out of unemployment security. The people who need 
the most but who have the lowest profile often in the Congress now have 
assumed importance because of the state of the economy.
  Madam Speaker, what is most distressing was to see that the poverty 
rate increased even for people 65 and over by almost 400,000 people. 
The one group of people that, in fact, gets some attention in the 
Congress, of course, are the elderly. They are the highest percentage 
of voting people; yet, their poverty rate is going up. That is very 
distressing since they are on fixed incomes and are least able to do 
something about it. They don't get unemployment insurance, many of them 
don't.
  I am particularly concerned about the people who don't show up on the 
tax rolls. Many, if not most of them, pay payroll taxes. The only way 
to focus on them is to focus on them who needs, who will spend the 
money first should get the money first.
  My concern about the baby boomers, those over 65, is not only that 
they should be in this group. I know they will spend the money 
instantly. But my concern is to wonder whether or not this is a 
harbinger of the baby boomers, the first baby boomers have just come 
forward, whether we are about to see that huge group of people show up, 
bringing increased pressure on the economy.
  So I compliment the gentlelady from California for coming forward 
with a bill that I am sure will have bipartisan support.
  In the District of Columbia, I have to tell her that we are not a 
poor city. We are second per capita in Federal income taxes and, 
therefore, a lot of middle-class and rich people in the District of 
Columbia, but one of every three children in the District of Columbia 
lives in poverty.
  I want to make sure that whatever we do to stimulate the economy or 
to pay attention to this resolution hits those children very quickly. 
We have 10 percent of District residents living in extreme poverty, 
even though the District cannot be counted among those cities which 
have lost so much, many of them lost a base, because we have the 
Federal Government here, because even our real estate industry 
continues to boom.

                              {time}  1430

  Madam Speaker, I think this timely resolution is important not only 
for its own sake, but because it draws our attention to what I believe 
will be a first priority for the Congress this session, especially 
today as our congressional leadership on both sides of the aisle are 
meeting with the President of the United States on the very stimulus 
package that I have described.
  Madam Speaker, I reserve the balance of my time.
  Mr. SHAYS. Madam Speaker, I yield myself such time as I may consume.
  Madam Speaker, I rise today to urge passage of H. Con. Res. 198 which 
expresses the sense of Congress that we have a moral responsibility as 
a Nation to meet the needs of those persons, groups and communities 
that are impoverished, disadvantaged or otherwise in poverty.
  Madam Speaker, it is fitting that a day after the celebration of the 
life and achievement of Reverend Martin Luther King, Jr., we are taking 
up a resolution that addresses our obligation to help many of those 
that Dr. King had particular concern for, the downtrodden, the 
underserved and the impoverished.
  I believe we all seek, as Dr. King did, to create a just society and 
to alleviate poverty and its attendant suffering. We may differ on 
methods, we may differ on who and how and how many, but broad 
prosperity for all is, I believe, the goal of virtually everyone who 
graces this Chamber.
  This resolution seeks to bring attention to poverty and the 
responsibility we have as citizens of this Nation and this world to 
help relieve the suffering of others. This responsibility does not fall 
only to the Federal Government, but it will be solved only through the 
collective efforts of not just governments at every level, but 
charities, businesses and individuals.
  We are told the poor will always be among us, but that does not 
relieve us of the challenge of trying to alleviate the suffering, tend 
to their needs, and improve to the extent we can their lot in life.
  I commend our colleague, Representative Lee, for reminding us of 
this, and I, too, think it is a wonderful coincidence, that we are 
taking this resolution on the day we have all come back from 
celebrations recognizing that the Reverend Martin Luther King, Jr. 
didn't lead a rebellion, which is a failed revolution, he led a 
revolution. And he spoke to this young person, me, in the 1950s when I 
saw Little Rock with military forces and I wondered as a child what was 
happening to my country. Reverend King helped guide all of us in a 
direction that has done so much to address many of the concerns he 
championed. His dream is not dead, it is still alive and it is a dream 
that we need to carry into the future.
  It wasn't a mindless dream, it was a dream based on the promise of 
America. He spoke to our better nature and lifted all of us. He spoke 
to the oppressor and to the oppressed, those with much and those with 
very little, and those with nothing.
  Reverend King belongs to all of us. We have a duty, as I think my 
colleague Representative Lee will point out. We have a duty and 
obligation and a wonderful opportunity to heed his call to action.
  Madam Speaker, I yield back the balance of my time.
  Ms. NORTON. Madam Speaker, I am pleased to yield such time as she may 
desire to the gentlewoman from California (Ms. Lee) who authored the 
resolution.
  Ms. LEE. Madam Speaker, let me thank the gentlelady from the District 
of Columbia, not only for managing this resolution today, but for your 
long-standing work in addressing injustice everywhere, including 
economic justice which goes to the heart of this resolution.
  Also let me take a moment to thank my colleague, the gentleman from 
Connecticut (Mr. Shays) for your leadership and for your support and 
for your commitment to eliminate poverty; to Speaker  Nancy Pelosi; our 
majority leader, Steny Hoyer; Chairman Waxman and Ranking Member Tom 
Davis. I want to commend them and thank them for their strong support 
in bringing this very important resolution forward today because I 
think the bipartisan support for this shows and demonstrates that we 
all understand very clearly this is not a Democratic or Republican 
issue, it is not an urban issue or rural issue, this is a moral issue 
that we must address together.
  I would like to recognize all 83 cosponsors who have worked hard on 
this resolution. Your support has been critical in helping to move it 
forward.
  Also to those who co-chair the Congressional Out of Poverty Caucus 
with me: Congressman Conyers, Chairman Baca, who chairs the 
Congressional Hispanic Caucus; Congressman Honda, who chairs the 
Congressional Asian Pacific American Caucus; and Congressman 
Butterfield. Their dedication and commitment is crucial to our broader 
goal of ending poverty.
  I would also like to thank our staff, Alexis Brandt of the majority 
leader's office; Bill Goold of the Congressional Progressive Caucus; 
Leila Gomez of the Congressional Hispanic Caucus, who works in my 
office and has done a tremendous job on this; Tunde Eboda, who was a 
Brookings Fellow in my office; and Chris Lee of my staff. All of our 
staffs have really kept focused and worked together and have worked 
very hard to make sure that this resolution

[[Page 424]]

received the support that it has received.
  Madam Speaker, the resolution before us today is really very 
straightforward. It simply states that Congress supports setting a 
national goal of cutting poverty in half over the next 10 years. It is 
unfortunate that in the wealthiest country in the world that we even 
need this resolution, but the fact is that we do.
  As both the gentlewoman from the District of Columbia (Ms. Norton) 
and the gentleman from Connecticut (Mr. Shays) reminded us, yesterday 
we took the time out to honor what would have been Dr. Martin Luther 
King, Jr.'s 79th birthday, and as we reflect upon his life and his 
legacy and the struggle for civil and human rights, for peace and for 
justice, it is important also to reflect upon how far we have strayed 
from his vision to eradicate poverty.
  So this resolution is just one small step in honoring his legacy in 
more than words. It is one small legislative action we can do today to 
say we, too, believe that not only on his birthday but throughout the 
year we have a responsibility to live his legacy and do what we can do 
to eliminate poverty.
  Our country is the land of opportunity. But the sad reality is that 
income inequality continues to grow and more people are falling into 
poverty than getting ahead. Just consider the fact that over 37 million 
Americans, more than the population of my home State of California, are 
in poverty, and the number has grown by 5 million within the last 5 to 
6 years. One in eight Americans lives in poverty now. Poverty in the 
United States is far higher than in many other developed nations, and 
inequality is at an all-time high.
  The richest 1 percent of Americans in 2005 held the largest share of 
the Nation's income since 1925; and at the same time, the poorest 20 
percent held only 3.4 percent of the Nation's income.
  Madam Speaker, I will include for the Record a document titled ``From 
Poverty to Prosperity.'' It was put forth by the Center for American 
Progress' Task Force on Poverty.
  The statistics in this report and other reports quantify what most of 
us already know, that we are heading in the wrong direction, and that 
we need a national commitment to address the growing poverty crisis in 
this Nation.
  This resolution helps us get back on track by setting an achievable, 
and in my view a very modest goal, of cutting poverty in half over the 
next decade.
  Madam Speaker, perhaps the greatest example of the profound need for 
action to address the poverty crisis in our Nation was Hurricane 
Katrina and the incredible suffering that it brought to so many, and 
which continues today.
  The facts speak for themselves. One-third of those displaced by 
Hurricane Katrina had incomes below 1\1/2\ times the poverty line. The 
storm had its greatest impact on people of color, affecting African 
Americans who accounted for nearly half of those affected. The gulf 
coast hurricane should have been a wake-up call. Unfortunately, the 
administration chose only to hit the snooze button.
  That is why I am glad we are here today in a bipartisan way helping 
to sound this alarm again. By setting our sights to tackling poverty 
head-on, we can take some very serious steps towards bridging the gap 
between the haves and the have-nots. There is much work to be done.
  Last year again, this important document on the state of poverty in 
America made several important proposals. The Center based its 
recommendations on four principles: Promote decent work, promoting 
opportunity for all, ensuring economic security for all, and helping 
people build wealth. Based on these principles, the report offers 12 
key steps, including raising the minimum wage, and many of the efforts 
which we have been engaging in in this Congress, but much more needs to 
be done.
  So as we consider an income stimulus plan in the next few weeks, I 
hope we keep these points in mind. Fighting poverty isn't a mystery, it 
just requires us to make a commitment to the goal and to dedicate the 
necessary resources to do this.
  This resolution is an important step forward, and I urge my 
colleagues to support it and join me and my colleagues in the Out of 
Poverty Caucus in our efforts to eliminate poverty in America. This is 
a moral imperative which we must all embrace.

                       From Poverty to Prosperity


                           EXECUTIVE SUMMARY

       Thirty-seven million Americans live below the official 
     poverty line. Millions more struggle each month to pay for 
     basic necessities, or run out of savings when they lose their 
     jobs or face health emergencies. Poverty imposes enormous 
     costs on society. The lost potential of children raised in 
     poor households, the lower productivity and earnings of poor 
     adults, the poor health, increased crime, and broken 
     neighborhoods all hurt our nation. Persistent childhood 
     poverty is estimated to cost our nation $500 billion each 
     year, or about 4 percent of the nation's Gross Domestic 
     Product. In a world of increasing global competition, we 
     cannot afford to squander these human resources.
       The Center for American Progress last year convened a 
     diverse group of national experts and leaders to examine the 
     causes and consequences of poverty in America and make 
     recommendations for national action. In this report, our Task 
     Force on Poverty calls for a national goal of cutting poverty 
     in half in the next 10 years and proposes a strategy to reach 
     the goal.
       Our nation has seen periods of dramatic poverty reduction 
     at times when near-full employment was combined with sound 
     federal and state policies, motivated individual initiative, 
     supportive civic involvement, and sustained national 
     commitment. In the last six years, however, our nation his 
     moved in the opposite direction. The number of poor Americans 
     has grown by five million, while inequality has reached 
     historic high levels.
       Consider the following facts:
       One in eight Americans now lives in poverty. A family of 
     four is considered poor if the family's income is below 
     $19,971--a bar far below what most people believe a family 
     needs to get by. Still, using this measure, 12.6 percent of 
     all Americans were poor in 2005, and more than 90 million 
     people (31 percent of all Americans) had incomes below 200 
     percent of federal poverty thresholds.
       Millions of Americans will spend at least one year in 
     poverty at some point in their lives. One third of all 
     Americans will experience poverty within a 13-year period. In 
     that period, one in 10 Americans are poor for most of the 
     time, and one in 20 are poor for 10 or more years.
       Poverty in the United States is far higher than in many 
     other developed nations. At the turn of the 21st century, the 
     United States ranked 24th among 25 countries when measuring 
     the share of the population below 50 percent of median 
     income.
       Inequality has reached record highs. The richest one 
     percent of Americans in 2005 had the largest share of the 
     nation's income (19 percent) since 1929. At the same time, 
     the poorest 20 percent of Americans had only 3.4 percent of 
     the nation's income.
       It does not have to be this way. Our nation need not 
     tolerate persistent poverty alongside great wealth.
       The United States should set a national goal of cutting 
     poverty in half over the next 10 years. A strategy to cut 
     poverty in half should be guided by four principles:
       Promote Decent Work. People should work and work should pay 
     enough to ensure that workers and their families can avoid 
     poverty, meet basic needs, and save for the future.
       Provide Opportunity for All. Children should grow up in 
     conditions that maximize their opportunities for success; 
     adults should have opportunities throughout their lives to 
     connect to work, get more education, live in a good 
     neighborhood, and move up in the workforce.
       Ensure Economic Security. Americans should not fall into 
     poverty when they cannot work or work is unavailable, 
     unstable, or pays so little that they cannot make ends meet.
       Help People Build Wealth. All Americans should have the 
     opportunity to build assets that allow them to weather 
     periods of flux and volatility, and to have the resources 
     that may be essential to advancement and upward mobility.
       We recommend 12 key steps to cut poverty in half:
       1. Raise and index the minimum wage to half the average 
     hourly wage. At $5.15, the federal minimum wage is at its 
     lowest level in real terms since 1956. The federal minimum 
     wage was once 50 percent of the average wage but is now 30 
     percent of that wage. Congress should restore the minimum 
     wage to 50 percent of the average wage, about $8.40 an hour 
     in 2006. Doing so would help over 4.5 million poor workers 
     and nearly nine million other low-income workers.
       2. Expand the Earned Income Tax Credit and Child Tax 
     Credit. As an earnings supplement for low-income working 
     families, the EITC raises incomes and helps families build 
     assets. EITC expansions during the 1990s helped increase 
     employment and reduced poverty. But the current EITC does 
     little to help workers without children. We recommend 
     tripling the EITC for childless

[[Page 425]]

     workers, and expanding help to larger working; families. 
     Doing so would cut the number of people in poverty by over 
     two million. The Child Tax Credit provides a tax credit of up 
     to $1,000 per child, but provides no help to the poorest 
     families. We recommend making it available to all low- and 
     moderate-income families. Doing so would move two million 
     children and one million parents out of poverty.
       3. Promote unionization by enacting the Employee Free 
     Choice Act. The Employee Free Choice Act would require 
     employers to recognize a union after a majority of workers 
     signs cards authorizing union representation and establish 
     stronger penalties for violation of employee rights. The 
     increased union representation made possible by the Act would 
     lead to better jobs and less poverty for American workers.
       4. Guarantee child care assistance to low-income families 
     and promote early education for all. We propose that the 
     federal and state governments guarantee child care help to 
     families with incomes below about $40,000 a year, and also 
     expand the child care tax credit. At the same time, states 
     should be encouraged to improve the quality of early 
     education and broaden access for all children. Our child care 
     expansion would raise employment among low-income parents and 
     help nearly three million parents and children escape 
     poverty.
       5. Create two million new ``opportunity'' housing vouchers, 
     and promote equitable development in and around central 
     cities. Nearly 8 million Americans live in neighborhoods of 
     concentrated poverty where at least 40 percent of residents 
     are poor. Our nation should seek to end concentrated poverty 
     and economic segregation, and promote regional equity and 
     inner-city revitalization. We propose that over the next 10 
     years the federal government fund two million new 
     ``opportunity vouchers'' designed to help people live in 
     opportunity-rich areas. New affordable housing should be in 
     communities with employment opportunities and high-quality 
     public services, or in gentrifying communities. These housing 
     policies should be part of a broader effort to pursue 
     equitable development strategies in regional and local 
     planning effects, including efforts to improve schools, 
     create affordable housing, assure physical security, and 
     enhance neighborhood amenities.
       6. Connect disadvantaged and disconnected youth with school 
     and work. About 1.7 million poor youth ages 16 to 24 were out 
     of school and out of work in 2005. We recommend that the 
     federal government restore Youth Opportunity Grants to help 
     the most disadvantaged communities and expand funding for 
     effective and promising youth programs--with the goal of 
     reaching 600,000 poor disadvantaged youth through these 
     efforts. We propose a new Upward Pathway program to offer 
     low-income youth opportunities to participate in service and 
     training in fields that are in high-demand and provide needed 
     public services.
       7. Simplify and expand Pell Grants and make higher 
     education accessible to residents of each state.
       Low-income youth are much less likely to attend college 
     than their higher income peers, even among those of 
     comparable abilities. Pell Grants play a crucial role for 
     lower-income students. We propose to simplify the Pell grant 
     application process, gradually raise Pell Grants to reach 70 
     percent of the average costs of attending a four-year public 
     institution, and encourage institutions to do more to raise 
     student completion rates. As the federal government does its 
     part, states should develop strategies to make post-secondary 
     education affordable for all residents, following promising 
     models already underway in a number of states.
       8. Help former prisoners find stable employment and 
     reintegrate into their communities. The United States has the 
     highest incarceration rate in the world. We urge all states 
     to develop comprehensive reentry services aimed at 
     reintegrating former prisoners into their communities with 
     full-time, consistent employment.
       9. Ensure equity for low-wage workers in the Unemployment 
     Insurance system. Only about 35 percent of the unemployed, 
     and a smaller share of unemployed low-wage workers, receive 
     unemployment insurance benefits. We recommend that states 
     (with federal help) reform ``monetary eligibility'' rules 
     that screen out low-wage workers, broaden eligibility for 
     part-time workers and workers who have lost employment as a 
     result of compelling family circumstances, and allow 
     unemployed workers to use periods of unemployment as a time 
     to upgrade their skills and qualifications.
       10. Modernize means-tested benefits programs to develop a 
     coordinated system that helps workers and families. A well-
     functioning safety net should help people get into or return 
     to work and ensure a decent level of living for those who 
     cannot work or are temporarily between jobs. Our current 
     system fails to do so. We recommend that governments at all 
     levels simplify and improve benefits access for working 
     families and improve services to individuals with 
     disabilities. The Food Stamp Program should be strengthened 
     to improve benefits, eligibility, and access. And the 
     Temporary Assistance for Needy Families Program should be 
     reformed to shift its focus from cutting caseloads to helping 
     needy families find sustainable employment.
       11. Reduce the high costs of being poor and increase access 
     to financial services. Despite having less income, lower-
     income families often pay more than middle and high-income 
     families for the same consumer products. We recommend that 
     the federal and state governments should address the 
     foreclosure crisis through expanded mortgage assistance 
     programs and by new federal legislation to curb unscrupulous 
     practices. And we propose that the federal government 
     establish a $50 million Financial Fairness Innovation Fund to 
     support state efforts to broaden access to mainstream goods 
     and financial services in predominantly low-income 
     communities.
       12. Expand and simplify the Saver's Credit to encourage 
     saving for education, homeownership and retirement. For many 
     families, saving for purposes such as education, a home, or a 
     small business is key to making economic progress. We propose 
     that the federal ``Saver's Credit'' be reformed to make it 
     fully refundable. This Credit should also be broadened to 
     apply to other appropriate savings vehicles intended to 
     foster asset accumulation, with consideration given to 
     including individual development accounts, children's saving 
     accounts, and college savings plans.
       We believe our recommendations will cut poverty in half. 
     The Urban Institute, which modeled the implementation of one 
     set of our recommendations, estimates that four of our steps 
     would reduce poverty by 26 percent, bringing us more than 
     halfway toward our goal. Among their findings:
       Taken together, our minimum wage, EITC, child credit, and 
     child care recommendations would reduce poverty by 26 
     percent. This would mean over nine million fewer people in 
     poverty and a national poverty rate of 9.1 percent--the 
     lowest in recorded U.S. history.
       The racial poverty gap would be narrowed. White poverty 
     would fall from 8.7 percent to 7 percent. Poverty among 
     African Americans would fall from 21.4 percent to 15.6 
     percent. Hispanic poverty would fall from 21.4 percent to 
     12.9 percent and poverty for all others would fall from 12.7 
     percent to 10.3 percent.
       Child poverty and extreme poverty would both fall. Child 
     poverty would drop by 41 percent. The number of people in 
     extreme poverty would fall by over two million.
       Millions of low- and moderate-income families would 
     benefit. Almost half of the benefits would help low- and 
     moderate-income families.
       That these recommendations would reduce poverty by more 
     than one quarter is powerful evidence that a 50 percent 
     reduction can be reached within a decade.
       The combined cost of our principal recommendations is in 
     the range of $90 billion a year--a significant cost but one 
     that is necessary and could be readily funded through a 
     fairer tax system. An additional $90 billion in annual 
     spending would represent about 0.8 percent of the nation's 
     Gross Domestic Product, which is a fraction of the money 
     spent on tax changes that benefited primarily the wealthy in 
     recent years. Consider that:
       The current annual costs of the tax cuts enacted by 
     Congress in 2001 and 2003 are in the range of $400 billion a 
     year.
       In 2008 alone the value of the tax cuts to households with 
     incomes exceeding $200,000 a year is projected to be $100 
     billion.
       Our recommendations could be fully paid for simply by 
     bringing better balance to the federal tax system and 
     recouping part of what has been lost by the excessive tax 
     cuts of recent years. We recognize that serious action has 
     serious costs, but the challenge before the nation is not 
     whether we can afford to act, but rather that we must decide 
     to act.


                             THE NEXT STEPS

       In 2009, we will have a new president and a new Congress. 
     Across the nation, there is a yearning for a shared national 
     commitment to build a better, fairer, more prosperous 
     country, with opportunity for all. In communities across the 
     nation, policymakers, business people, people of faith, and 
     concerned citizens are coming together. Our commitment to the 
     common good compels us to move forward.


                       poverty task force members

       Angela Glover Blackwell, Founder and CEO, PolicyLink (co-
     chair).
       Peter B. Edelman, Professor of Law, Georgetown University 
     (co-chair).
       Rebecca Blank, Dean, Gerald R. Ford School of Public 
     Policy, Henry Carter Adams Collegiate Professor of Public 
     Policy, University of Michigan.
       Linda Chavez-Thompson, Executive Vice President, AFL-CIO.
       Reverend Dr. Floyd H. Flake, President, Wilberforce 
     University.
       Wizipan Garriott, Law Student and Board President of the He 
     Sapa Leadership Academy.
       Maude Hurd, National President, ACORN.
       Charles E. M. Kolb, President, Committee for Economic 
     Development.
       Meizhu Lui, Executive Director, United for a Fair Economy.
       Alice M. Rivlin, Senior Fellow and Director, Greater 
     Washington Research Program, Brookings Institution.
       Barbara J. Robles, Associate Professor, Arizona State 
     University.

[[Page 426]]

       Robert Solow, Professor Emeritus, Massachusetts Institute 
     of Technology.
       Dorothy Stoneman, Founder and President, YouthBuild USA.
       Wellington E. Webb, Former Mayor of Denver.

  Mr. SHAYS. I had already yielded back my time.
  I wonder if the gracious lady would yield me a minute.
  Ms. NORTON. I certainly will.
  Mr. SHAYS. Madam Speaker, I thank the gentlewoman for yielding me 
this time, and I want to agree with everything I have heard to the 
point of the need to have a stimulus package that recognizes those who 
have the least resources.
  But I do want to say that we also need to recognize that we need to 
stimulate investment in plants, machinery, and we need to make sure 
that whatever goods consumers buy are likely to be American products 
and that we are just not transferring that benefit overseas. So there 
is going to be a lot that happens, but I agree with my colleagues, we 
will be able to work together on this issue.
  Ms. NORTON. Madam Speaker, the poor in our country have assumed a 
high profile today because of the state of the economy. I hope that the 
gentlelady's resolution helps us to bear in mind that the poor in our 
country need a higher profile throughout the 110th Congress.
  Ms. JACKSON-LEE of Texas. Madam Speaker, I rise today in strong 
support of H. Con. Res. 198, expressing the sense of Con- gress that 
the United States has a moral responsibility to meet the needs of those 
persons, groups and communities that are impoverished, disadvantaged or 
otherwise in poverty, introduced by my distinguished colleague from 
California, Representative Barbara Lee. Congresswoman Barbara Lee, co-
founder of the Out of Poverty Caucus, has articulated a national goal 
to reduce poverty by 50 percent over the next 10 years. This 
legislation is an imperative instrument in addressing the ongoing 
endemic that is poverty in America.
  Approximately 36.5 million American citizens, 12.3 percent of United 
States population, live in poverty. The incidence of destitution is 
associated with race and ethnicity, location, family composition, age, 
and education. America has allowed poverty to fall off the national 
agenda. In a nation as industrial and prominent as the United States, 
it seems paradoxical to have such high levels of poverty. During the 
1960s, when President Johnson made poverty a national concern, policies 
and programs were created to set into motion a series of bills and acts 
which ``brought about real results, reduced rates of poverty, and 
improved living standards for America's poor.''
  Madam Speaker, it is essential that this Congress satisfies the needs 
of Americans who are impoverished, disadvantaged, or otherwise in 
poverty; this legislation requires that we acknowledge that 
responsibility. While poverty is believed by some to be a statistical 
phenomenon, it is in fact a daily reality for millions of Americans. 
Policy proposals addressing poverty have not kept pace with the needs 
of millions of Americans. The measure of poverty is simple but rather 
crude. Poverty cannot be accurately evaluated until we can essentially 
comprehend the number of people in poverty.
  When Mollie Orshansky, renowned economist and statistician, defined 
the poverty line in the 1960s, she used a farm family living in the 
1950s as her model, nevertheless times have changed. In this day and 
age, an income of $20,000 is not sufficient for a family of four to 
survive. Journalist Barbara Ehreinreht worked alongside the ``near 
poor'' in her nonfiction piece ``Nickel and Dimed.'' Ten years ago, a 
family in her book earned $40,000 a year cumulatively, but was still 
unable to afford suitable housing. An annual income of $20,000 in 1950 
and $40,000 in 1998 for a family of four is ``unpretentious.'' 
Technology has advanced, times have changed, the price of living is 
constantly rising, and those factors, along with many others should be 
used to evaluate how a family can survive.
  Many impoverished individuals are believed to be able to return to 
self-sufficiency with 12-18 months of assistance and affordable 
housing. Since its conception, welfare has caused countless economic, 
political, psychological, and sociological effects that have shaped 
American society, produced innumerable reforms and depicted its 
recipients as irresponsible agents of self- inflicted poverty. In 1996, 
the Republican-led Congress introduced welfare reform. If the objective 
was to reduce the number of people on the welfare rolls, it worked; 
however, poverty did not decline. The central goal that needs to be 
established is how to decrease poverty while simultaneously placing 
welfare recipients in a position to maintain an existence above the 
poverty line after assistance. Welfare is not a substantial economic 
alternative; in no state do welfare disbursements alone lift a family 
above the poverty line. The Federal Government must play a vital role 
in revitalizing and restoring opportunities for Americans to reach the 
American dream.
  Congress is morally obligated to provide better services to meet the 
needs of its citizens; nevertheless, the quality of the services for 
various groups differs greatly. The aftermath of Hurricanes Katrina and 
Rita demonstrated that sub-par services are readily available to 
minorities. While many existing organizations have worked to help those 
displaced, and some new groups and special efforts have been initiated, 
the survivors of Hurricane Katrina are still largely disorganized and 
deprived. In the United States, the incidence of poverty is associated 
with race and ethnicity, location, family composition, age, and 
education. Three years ago, the criticisms of the Government's response 
to Hurricane Katrina generally consisted of condemnations of negligence 
and lack of leadership in the relief efforts in response to the storm 
and its aftermath. Currently, the principal criticism is the long 
overdue assistance for the poverty-stricken.
  The U.S. has a higher sense of poverty and a visible phenomenon of 
poverty than any other country. Internationally, the United States 
poverty rate at the turn of the 21st century ranked 24th of 25 
countries, with only Mexico having a higher percentage rate.
  This important piece of legislation will recognize the continuing 
need of many Americans. This is extremely significant in the sense that 
it will assist those who desire upward mobility and believe in the 
``American Dream.'' This is an unprecedented step forward for 
impoverished Americans and I applaud this legislation for this 
significant first step towards helping American realize their dreams.
  As we celebrate Dr. King's birthday, we also commemorate the 40th 
anniversary of King's Poor People's Campaign which, through nonviolent 
direct action, King hoped to focus the Nation's attention on economic 
inequality and poverty. I strongly urge my colleagues to join me in 
supporting this extremely important legislation.
  Mr. HONDA. Madam Speaker, I rise today in support of H. Con. Res. 
198, a resolution introduced by Congresswoman Barbara Lee that 
expresses the sense of Congress that the United States should set a 
national goal of cutting poverty in half over the next 10 years.
  Poverty can be defined as meaning a lack of the basic necessities of 
life such as food, shelter, clothing, health care, education, security, 
and opportunity. According to the U.S. Census Bureau, in 2006 over 38.7 
million men, women and children across this country struggled to 
survive on an annual income well below the national poverty line. The 
number of people living in poverty has increased by over 5 million 
since the year 2000. In a country that prides itself on being the land 
of freedom and opportunity, and that has a level of affluence 
unparalleled by any other nation in the world, these statistics are 
both alarming and unacceptable.
  I am a proud cosponsor of H. Con. Res. 198 because I believe that any 
nation that considers itself great must make a concerted effort to step 
up and do something about the problem of poverty. When the average 
national poverty rate is at 13.3 percent and growing, the status of 
poverty in this country should not be diagnosed as simply an 
unfortunate anomaly, but rather, as a nationwide epidemic; an epidemic 
that should be treated with the utmost care and concern, because it is 
a condition that affects all of us. Poverty erodes the health and 
security of our Nation's most valuable resources--our children and our 
communities. Strong, healthy communities are necessary for the 
preservation of the American way of life, a way of life that cannot 
exist when infected by the ills that are symptomatic of poverty 
stricken areas.
  In addition, poverty hits hardest those with the least amount of 
immunity against the conditions that contribute to poverty. While 
minority communities have made many significant advancements over the 
past few decades, a disproportionate number of minorities are still 
impoverished and disadvantaged. African Americans comprise nearly 25 
percent of people living in poverty, Hispanics 22 percent, and Asian 
Americans nearly 11 percent. Native American communities capture an 
astounding 25.3 percent of people living under the poverty level, many 
living in what are considered ``fourth world'' poverty conditions. Many 
Native Americans on the Rosebud and Pine Ridge reservations will not 
make it through the winter due to inadequate housing, warm clothing, 
and nourishment. In this country, and in this

[[Page 427]]

day and age, these numbers are simply deplorable. Unfortunately, they 
do not stop there.
  More than half of those living at or below the Federal poverty level 
come from single parent households, and children ages 18 and younger 
have the highest rate of poverty of any age group with 17.6 percent 
living at or below the poverty line. Instead of receiving a proper 
education in school, learning valuable life-lessons and leadership 
skills in extra-curricular activities, and partaking in the many other 
childhood activities that are a necessary part of growing up, nearly 13 
million kids will spend the day wondering whether or not they are going 
to eat that night, or whether their mother or father will be drunk or 
in prison when they get home, that is assuming they even have a place 
to go home to. Nevertheless, these children are expected to perform 
well in schools, meet the national score on standardized tests, or risk 
having their school shut down thanks to No Child Left Behind system. 
Children who live under such conditions are not destined to succeed. 
Most will not graduate from high school. Many will turn to gangs, 
drugs, or a life of crime, and as a result, spend most of their adult 
life in and out of prison.
  Poverty is the result of a deep structural problem that implicates 
our value system as well as our educational and economic institutions, 
and it is a problem that permeates into all aspects of society. The 
costs to victims of poverty are great, but the costs to us are greater.
  That is why I wholeheartedly emphatically support the commitment to 
cutting poverty made by H. Con. Res. 198. It will not be easy, but 
there is a moral, and social urgency facing us. We have the opportunity 
today to impact the lives of millions and give others the opportunity 
to share in the great wealth that our nation has to offer.
  Ms. WOOLSEY. Madam Speaker, in the richest country in the world, no 
one should go to bed hungry, no one should have to go without heat on a 
cold winter night, and no one should be deprived of life saving 
medicine because they can't afford it.
  It is so sad that in our country, the richest in the world, 37 
million people live below the poverty line and deal with these fears 
everyday.
  As a Congress, we need to do more to help these people, which is why 
I am proud to stand in support of Congresswoman Barbara Lee's bill, H. 
Con. Res. 198, and the goal of cutting poverty in the U.S. in half in 
the next 10 years.
  This bill, recognizing the problem of poverty in our country is a 
good start, but we need to do more. We can put our money where our 
mouths are, starting with an economic stimulus package that gets money 
to the people who need it most in an economic downturn. This can be 
done by extending unemployment insurance and food stamps to help the 
neediest among us .  .  . not by extending tax breaks for the richest 
people in this country who have amassed great wealth at the expense of 
the rest of us. Let's do the right thing and help those who actually 
need it.
  Madam Speaker, again I thank Representative Lee for her leadership in 
fighting poverty and for bring this resolution to the floor and urge 
all my colleagues to support this bill.
  Mr. STARK. Madam Speaker, I rise today in strong support of resolving 
to cut poverty in half over the next 10 years. America is the richest 
country in the history of the world, yet 37 million Americans languish 
in poverty. The poverty rate is an inexcusable 17 percent for all 
children and 33 percent for black children. As a body, Congress has a 
moral obligation to alleviate poverty and provide all people with 
opportunities to lead healthy and independent lives.
  The resolution, H. Con. Res. 198, before us is simple: it puts 
Congress and the Nation on the clock and acknowledges our collective 
responsibility to the impoverished and disadvantaged. As a country, we 
spend more than all other countries combined on our military and 
ongoing wars. Yet, our poverty rate is dead last among developed 
nations. Clearly, we have the financial ability to drastically reduce 
the number of people living in poverty. The question is do we have the 
political will.
  I believe the answer is yes. During the 1960s the poverty rate fell 
from over 22.2 percent to 12.6 percent. These gains were brought about 
by the creation and expansion of a strong safety net supported by 
programs such as Medicaid, food stamps, and AFDC. Now, the safety net 
is frayed and under constant attack from those who don't blink when 
approving the $500 billion to fight the Iraq war, but would like to see 
crucial entitlement programs ``wither on the vine.'' This resolution 
rejects the failed ideology that has brought us the manmade disaster in 
New Orleans and the shame of an additional 5 million people living in 
poverty since 2000.
  As we celebrate Martin Luther King's birthday, we must redouble our 
efforts to fight poverty. Congress has to expand SCHIP and continue 
moving toward universal health care. We need to ensure that all 
families can afford childcare, decent housing, nutritious meals, and a 
good education. These are basic human rights. As a society, our 
obligation is to lift those who are disadvantaged and provide 
opportunities. I urge my colleagues to support this resolution and 
rededicate ourselves to eradicating poverty.
  Mr. MEEK of Florida. Madam Speaker, I rise in strong and unwavering 
support for H. Con. Res. 198 and am pleased to be a co-sponsor on this 
Congressional Resolution that draws attention to the approximately 37 
million Americans who live in poverty. In particular, I am bound and 
determined to meeting the Resolution's goal of cutting poverty in half 
over the next 10 years.
  The number of impoverished Floridians increased from 859,888 in 2000 
to 943,670 in 2005, a 9.7 percent rise, representing almost 6 percent 
of the total population. Over those years, Broward County's severely 
poor grew from 77,942 to 82,327, while Miami-Dade's poverty rate of 6.8 
percent was among the highest in the State.
  African Americans and Hispanics have poverty rates far above the 
poverty rate for Caucasians. In 2005, 24.9 percent of African Americans 
(9.2 million) and 21.8 percent of Hispanics (94 million) had incomes 
below poverty, compared to 8.3 percent of non-Hispanic whites (16.2 
million) and 11.1 percent of Asians (1.4 million). Although African-
Americns represent only 12.6 percent of the total population, they make 
up 24.8 percent of the poor population.
  And among those that are the highest of our country's poor are our 
children. In 2005, 12.3 million children (17.1 percent) were poor. For 
African American children, this statistic is even higher--in 2005, 34.2 
percent of black children were poor (3.7 million). This is inexcusable 
in a country where so many live in great wealth.
  Poverty is hunger. Poverty is lack of shelter. Poverty is being sick 
and not being able to see a doctor. Poverty is not having access to 
school and not knowing how to read. Poverty is not having a job, is 
fear for the future, living one day at a time. Poverty is losing a 
child to illness brought about by unclean water. Poverty is 
powerlessness, lack of representation and freedom.
  It is time to change these statistics. Our citizens with minimal 
education, and our citizens without a job are among those that are the 
most susceptible to poverty. Clearly, Americans need to work. We need 
to do what we have to do to make this happen.
  And we need to do this soon, and not drag our feet on this important 
issue. This Resolution will motivate us to get moving and gives us a 
very necessary goal--to cut poverty in half over the next 10 years.
  Mr. BACA. Madam Speaker, I ask unanimous consent to address the House 
for 1 minute.
  I rise today in strong support of H. Con. Res. 198.
  Poverty is all too real an issue in America today.
  As a co-chair of the Congressional Out of Poverty Caucus, I have 
worked with my colleagues to create a world where no child goes to bed 
hungry, and where every parent can put a roof over their family's 
heads.
  We have made progress this Congress--but we still have a long road 
ahead of us.
  And while poverty disproportionately affects our minority 
communities--it does not discriminate on a basis of color.
  We must remember poverty is not just a Hispanic, or a Black, or an 
Asian issue--it is a ``people'' issue.
  Whether it's a family trying to put food on the table, or a child in 
need of basic health care--when poverty affects one of us, it affects 
all of us.
  I urge my colleagues to join the Out of Poverty Caucus in voicing 
their dedication to creating a better America for everyone, not just 
the privileged few.
  I ask my colleagues to vote in favor of H. Con. Res. 198.
  Mr. AL GREEN of Texas. Madam Speaker, I express my strong support for 
H. Con. Res. 198, a resolution expressing the sense of Congress that 
the United States has a moral responsibility to meet the needs of those 
who are disadvantaged or impoverished and that our country should set a 
national goal of cutting poverty in half over the next 10 years by 
promoting good jobs at livable wages.
  In this land of hope and opportunity, all working families should 
also be able to rely on the product of their labor to feed, clothe, 
house and provide health care for their families. Unfortunately, all 
too many working Americans are unable to do so. Today, 35 million 
Americans will go to sleep hungry. Thirty-

[[Page 428]]

seven million Americans still live in poverty and 47 million Americans 
are without health insurance. In my home state of Texas, 16,000 brave 
men and women who have served nobly in our Nation's military go 
homeless every night.
  These statistics are unbecoming of the wealthiest Nation in the 
history of our planet. As a Nation, we must undertake all efforts 
necessary to end the scourge of poverty. One of the best ways to move 
forward in this effort is to promote good jobs and to ensure that all 
jobs pay livable wages.
  Congress made great progress last year by passing a long-overdue 
increase in the minimum wage and providing that it will increase to 
$7.25 per hour next year. A full-time job should be a bridge out of 
poverty, an opportunity to make a living through work. Unfortunately, 
for many Americans, especially those with families, it is not.
  In our great country, it is unacceptable that poverty continues to 
devastate the lives of tens of millions of our fellow Americans. For 
this reason, I strongly support this resolution and believe that 
Congress must continue working to make the principles expressed in the 
resolution a reality. I am proud to be a cosponsor of this important 
resolution and I commend my good friend and colleague, Ms. Barbara Lee 
of California, for introducing the resolution.
  Ms. NORTON. Madam Speaker, I have no further speakers and I yield 
back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentlewoman from the District of Columbia (Ms. Norton) that the House 
suspend the rules and agree to the concurrent resolution, H. Con. Res. 
198, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the concurrent resolution, as amended, was 
agreed to.
  A motion to reconsider was laid on the table.

                          ____________________




                 JUDGE RICHARD B. ALLSBROOK POST OFFICE

  Ms. NORTON. Madam Speaker, I move to suspend the rules and pass the 
bill (H.R. 4211) to designate the facility of the United States Postal 
Service located at 725 Roanoke Avenue in Roanoke Rapids, North 
Carolina, as the ``Judge Richard B. Allsbrook Post Office''.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 4211

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

     SECTION 1. JUDGE RICHARD B. ALLSBROOK POST OFFICE.

       (a) Designation.--The facility of the United States Postal 
     Service located at 725 Roanoke Avenue in Roanoke Rapids, 
     North Carolina, shall be known and designated as the ``Judge 
     Richard B. Allsbrook Post Office''.
       (b) References.--Any reference in a law, map, regulation, 
     document, paper, or other record of the United States to the 
     facility referred to in subsection (a) shall be deemed to be 
     a reference to the ``Judge Richard B. Allsbrook Post 
     Office''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from 
the District of Columbia (Ms. Norton) and the gentleman from 
Connecticut (Mr. Shays) each will control 20 minutes.
  The Chair recognizes the gentlewoman from the District of Columbia.


                             General Leave

  Ms. NORTON. Madam Speaker, I ask unanimous consent that all Members 
may have 5 legislative days within which to revise and extend their 
remarks.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from the District of Columbia?
  There was no objection.
  Ms. NORTON. Madam Speaker, I yield myself such time as I may consume.
  I am pleased to join my colleagues in consideration of H.R. 4211 
which names a postal facility in Roanoke Rapids, North Carolina, the 
Judge Richard B. Allsbrook Post Office.
  H.R. 4211 was introduced by Representative Butterfield of North 
Carolina on November 15, 2007. It was reported from the House Oversight 
Committee on December 12, 2007 by voice vote. This measure has been 
cosponsored by 12 Members and has support of the entire North Carolina 
congressional delegation.
  I am asking the House to join me in honoring Judge Richard B. 
Allsbrook, a dedicated civil servant, who passed away in October 2007.
  Judge Allsbrook served his country as a second lieutenant in the 
United States Navy before becoming an attorney in North Carolina at a 
family law firm. In 1978, Judge Allsbrook was appointed resident 
superior court judge for the Sixth Judicial District, from which he 
retired in September 2000. In addition, he served as a mediator in the 
North Carolina judicial system, and was sitting president of the 
Roanoke Rapids Chamber of Commerce.

                              {time}  1445

  The community was deeply touched by his efforts. Madam Speaker, I 
urge swift passage of this bill.
  I reserve the balance of my time.
  Mr. SHAYS. Madam Speaker, I yield such time as I may consume.
  Madam Speaker, I rise today to urge passage of this bill honoring the 
late Honorable Judge Richard B. Allsbrook with the naming of the Judge 
Richard B. Allsbrook Post Office located at 725 Roanoke Avenue, in 
Roanoke Rapids, North Carolina. Described as a ``meticulous, fair and 
compassionate'' jurist, Allsbrook served as the Superior Court Judge 
for the Sixth Judicial District in Roanoke Rapids, North Carolina, for 
22 years before retiring in 2000.
  A native of Halifax, and son of the late State Senator Julian 
Allsbrook, Judge Allsbrook earned his undergraduate degree and his 
juris doctorate from the University of North Carolina, Chapel Hill.
  After spending 4 years as a second lieutenant in the U.S. Navy, 
Allsbrook spent 20 years practicing law with his father in the practice 
of Allsbrook, Benton and Knott.
  Judge Allsbrook was also an active member of the community, serving 
as the president of the Roanoke Rapids Kiwanis Club and the president 
of the Roanoke Rapids Chamber of Commerce. He also received awards for 
his service to the community, including the Boy Scouts of America's 
Distinguished Citizen Award.
  A dedicated father and grandfather, distinguished public servant, and 
valuable member of the community, Judge Allsbrook touched many lives 
and, fittingly, his life deserves to be recognized with the naming of 
the Judge Richard B. Allsbrook Post Office in Roanoke Rapids, North 
Carolina, in his honor.
  Madam Speaker, I yield back the balance of my time.
  Mr. BUTTERFIELD. Madam Speaker, I rise today to honor a great leader 
and powerful figure in North Carolina by naming the post office located 
at 725 Roanoke Avenue in Roanoke Rapids, North Carolina as the Judge 
Richard B. Allsbrook Post Office. Unfortunately, Judge Allsbrook passed 
away on October 26, 2007, just a few months before we were able to 
bestow upon him this great honor.
  Judge Allsbrook was a native of Halifax County, North Carolina--one 
of the largest and most populated areas of my congressional district. 
He was born in 1929 to State Senator Julian and Mrs. Frances Allsbrook.
  In his formative years, Richard Allsbrook attended Roanoke Rapids 
High School where he excelled academically. After graduating, Richard 
attended the University of North Carolina, Chapel Hill where he 
received a bachelors of arts degree. He went on to attend law school at 
the prestigious University of North Carolina School of Law, and 
subsequently served for 4 years with the United States Navy as a second 
lieutenant.
  Madam Speaker, after honorably serving his country in the military, 
Richard returned to Roanoke Rapids to practice law with his father in 
the firm of Allsbrook, Benton and Knott. During his 20 years as a 
practicing attorney, he always took time for his clients and worked 
diligently to ensure that they were represented to the best of his 
ability. His meticulous nature and even temperament served him well 
when he was appointed resident superior court judge for the Sixth 
Judicial District in 1978. Over the next 22 years, he tempered justice 
with mercy, earning a reputation as a fair, compassionate jurist. All 
those present in his courtroom--attorneys, defendants, jurors, 
witnesses and court personnel--consistently found him to be well-
prepared, respectful, and courteous. I had the privilege of practicing 
law before Judge Allsbrook on many occasions

[[Page 429]]

prior to my election as Resident Superior Court Judge when I became his 
colleague.
  After serving as Senior Resident Superior Court Judge for over two 
decades, he retired in September 2000 and worked as a mediator in the 
North Carolina judicial system.
  Judge Allsbrook attended the Rosemary Baptist Church for over 50 
years. He was a dedicated deacon, trustee and Sunday School teacher 
where he worked to enrich each person with whom he came into contact. 
He was also dedicated to improving the community through his 
involvement in the Kiwanis Club where he served as president, and also 
the Roanoke Rapids Chamber of Commerce where he also served as 
president. Because of his dedication and commitment to the community, 
Judge Allsbrook received the Jaycees' Distinguished Service Award and 
also received the Boy Scouts of America Distinguished Citizen Award.
  Madam Speaker, sadly, Judge Allsbrook's devoted and loving wife 
Barbara passed away in February of last year--just 8 months before 
Judge Allsbrook. Judge Allsbrook and his wife Barbara reared 2 
children, Barbara Alison who resides in Roanoke, and Richard Jr., who 
resides in Boston.
  Judge Richard Allsbrook was indeed a pillar of the Halifax community. 
He was my dear friend and I am so proud to have known him. Roanoke 
Rapids, Halifax County, and the State of North Carolina is a better 
place because of Richard Allsbrook's sacrifices and contributions on 
behalf of so many.
  This legislation--H.R. 4211--has bipartisan support and is 
cosponsored by the entire North Carolina Congressional Delegation. It 
is my hope that my colleagues here in the House will join me and my 
North Carolina colleagues in voting ``aye'' on H.R. 4211.
  Ms. NORTON. Madam Speaker, I have no further speakers, and I yield 
back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentlewoman from the District of Columbia (Ms. Norton) that the House 
suspend the rules and pass the bill, H.R. 4211.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Ms. NORTON. Madam Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.

                          ____________________




           ESTABLISHING NATIONAL TUNNEL INSPECTION STANDARDS

  Mr. DeFAZIO. Madam Speaker, I move to suspend the rules and pass the 
bill (H.R. 409) to amend title 23, United States Code, to inspect 
highway tunnels, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                                H.R. 409

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

     SECTION 1. NATIONAL TUNNEL INSPECTION PROGRAM.

       (a) In General.--Title 23, United States Code, is amended 
     by inserting after section 149 the following:

     ``Sec. 150. National tunnel inspection program

       ``(a) National Tunnel Inspection Standards.--The Secretary, 
     in consultation with State transportation departments and 
     interested and knowledgeable private organizations and 
     individuals, shall establish national tunnel inspection 
     standards for the proper safety inspection and evaluation of 
     all highway tunnels. The standards established under this 
     subsection shall be designed to ensure uniformity among the 
     States in the conduct of such inspections and evaluations.
       ``(b) Minimum Requirements for Inspection Standards.--The 
     standards established under subsection (a) shall, at a 
     minimum--
       ``(1) specify, in detail, the method by which highway 
     tunnel inspections shall be carried out by the States;
       ``(2) establish the maximum time period between the 
     inspections based on a risk-management approach;
       ``(3) establish the qualifications for those charged with 
     carrying out the inspections;
       ``(4) require each State to maintain and make available to 
     the Secretary upon request--
       ``(A) written reports on the results of the inspections 
     together with notations of any action taken pursuant to the 
     findings of the inspections; and
       ``(B) current inventory data for all highway tunnels 
     located in the State reflecting the findings of the most 
     recent highway tunnel inspections conducted;
       ``(5) establish procedures for national certification of 
     highway tunnel inspectors;
       ``(6) establish procedures for conducting annual compliance 
     reviews of State inspections and State implementation of 
     quality control and quality assurance procedures; and
       ``(7) establish standards for State tunnel management 
     systems to improve the tunnel inspection process and the 
     quality of data collected and reported by the States to the 
     Secretary for inclusion in the national tunnel inventory to 
     be established under this section.
       ``(c) Training and Certification Program for Tunnel 
     Inspectors.--The Secretary, in cooperation with State 
     transportation departments, shall establish a program 
     designed to ensure that all individuals carrying out highway 
     tunnel inspections receive appropriate training and 
     certification. Such program shall be revised from time to 
     time to take into account new and improved techniques.
       ``(d) National Tunnel Inventory.--The Secretary shall 
     establish a national inventory of highway tunnels reflecting 
     the findings of the most recent highway tunnel inspections 
     conducted by States under this section.
       ``(e) Availability of Funds.--To carry out this section, 
     the Secretary may use funds made available pursuant to the 
     provisions of sections 104(a) and 502.''.
       (b) Surface Transportation Program.--Section 133(b)(1) of 
     such title is amended by inserting ``, tunnels that are 
     eligible for assistance under this title (including safety 
     inspection of such tunnels),'' after ``highways)''.
       (c) Conforming Amendment.--The analysis for chapter 1 of 
     such title is amended by inserting after the item relating to 
     section 149 the following:
``150. National tunnel inspection program.''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Oregon (Mr. DeFazio) and the gentleman from Tennessee (Mr. Duncan) each 
will control 20 minutes.
  The Chair recognizes the gentleman from Oregon.


                             General Leave

  Mr. DeFAZIO. Madam Speaker, I ask unanimous consent that all Members 
may have 5 legislative days within which to revise and extend their 
remarks and to include extraneous material on H.R. 409.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Oregon?
  There was no objection.
  Mr. DeFAZIO. Madam Speaker, this legislation will fill a gap in the 
national inspection regime and in public safety, one that was brought 
to our attention by the gentleman from Massachusetts (Mr. Capuano). 
Obviously, a failing infrastructure is very much on the minds of the 
public, given the collapse in Minnesota this last year, but, 
unfortunately, the Minnesota instance is not unique and it points to 
the need for constant vigilance and inspection of the critical 
infrastructure to avoid tragic accidents. And in this case, the 
gentleman from Massachusetts has pointed out that we do not have a 
regular regime of tunnel inspection, nor do we have standards which are 
set nationally for tunnel safety and inspection, nor do we have 
certified tunnel inspectors. All of that would be rectified by this 
legislation, so I'm very supportive of the legislation.
  Madam Speaker, I reserve the balance of my time.
  Mr. DUNCAN. Madam Speaker, I yield myself such time as I may consume.
  Madam Speaker, I would like to voice my strong support for H.R. 409, 
and I would also like to commend Chairman DeFazio and the gentleman 
from Massachusetts (Mr. Capuano) for bringing this bill to the floor at 
this time.
  On August 2, the Transportation and Infrastructure Committee passed 
an earlier version of this bill on a voice vote. I believe that the 
entire committee agreed with the main objective of this bill, to ensure 
that our Nation's highway tunnels are safe. But some members had 
concerns about the new tunnel inspections directly competing with 
ongoing bridge inspections. This substitute bill addresses these 
concerns.
  This bill requires the Federal Highway Administration to establish a 
new national highway tunnel inspection program in consultation with 
State DOTs and other knowledgeable organizations. The new tunnel 
inspection program is modeled directly on the existing highway bridge 
inspection program and addresses three major areas: One, it establishes 
national highway tunnel

[[Page 430]]

inspection standards to ensure tunnel inspection uniformity. Secondly, 
this establishes a national tunnel inventory to publish the findings of 
all tunnel inspections. And thirdly, it develops a national program for 
training and certification of highway tunnel inspectors.
  This bill will make tunnel inspection requirements consistent with 
the current bridge inspection requirements. I think this is a concept 
we can all agree on.
  There are approximately 400 highway tunnels in the United States, and 
we need to make sure that those tunnels are safe. But there are more 
than 580,000 road and highway bridges in the United States, including 
almost 55,000 interstate bridges. I'm pleased that instead of having 
tunnel inspections compete directly with highway bridge inspections, 
the substitute bill before us makes tunnel inspections eligible for 
funding from other highway programs: the Surface Transportation 
Program, the Federal Highway Administration administrative expenses, or 
surface transportation research funds.
  I hope that if this legislation secures Senate passage and becomes 
law, we can further fine-tune the tunnel inspection funding source 
issue so that the different tunnel inspection activities are funded 
from the appropriate program.
  Again, I voice my support for H.R. 409, and I urge its passage.
  Madam Speaker, I reserve the balance of my time.
  Mr. DeFAZIO. Madam Speaker, I yield such time as he may consume to 
the gentleman from Massachusetts (Mr. Capuano).
  Mr. CAPUANO. Madam Speaker, the substance of the bill has already 
been outlined. I just want to rise to thank the chairman and ranking 
member of the full committee, Mr. Oberstar and Mr. Mica, and the 
chairman and ranking member of the subcommittee, Mr. DeFazio and Mr. 
Duncan, for moving this forward; also thank the staff for working out a 
few items that need to be worked out.
  And I would also want to take a moment just to thank the National 
Transportation Safety Board. This legislation was done in conjunction 
with them. We had a tragedy in Boston that led me, no different than 
any other American. I didn't come to Congress knowing that tunnels were 
not inspected, and I have not met anyone, anyone who thinks that they 
are not. And when they find out that they are not, it's one of those 
deals where, well, why not? Of course you should. This legislation will 
fix this. The National Transportation Safety Board took their duties 
investigating a tragedy we had in Boston and went, I think, the extra 
step, and I think the proper extra step, to call on us to pass 
legislation just like this. I think it was the right thing to do, the 
courageous thing to do. I think it's good for the country. And again, I 
want to extend my thanks to those people that made this possible.
  Mr. OBERSTAR. Madam Speaker, I rise in strong support of H.R. 409, to 
amend title 23 of the United States Code, to ensure the safety of the 
traveling public by establishing a national program to inspect highway 
tunnels, modeled after the National Bridge Inspection Program.
  I thank the gentleman from Massachusetts, Mr. Capuano, for 
introducing this important piece of legislation that will address the 
absence of comprehensive inspections standards for our Nation's highway 
tunnels.
  Madam Speaker, recent tragic events have highlighted the very real 
crisis facing our Nation's transportation infrastructure. America's 
transportation network is aging and increasingly in need of maintenance 
or reconstruction. Many facilities are being stretched to the limit of 
their design life and beyond.
  The tragic collapse of the Interstate 35W bridge in my home State 
illustrated the deteriorating conditions of our bridges and the need 
for routine inspections. Similarly, another tragedy in Massachusetts 
has shown that we must do the same for highway tunnels.
  On Monday, July 10, 2006, at approximately 11 p.m., a section of the 
suspended concrete ceiling above the eastbound lanes of the Interstate 
90 connector tunnel in Boston, Massachusetts, fell onto a vehicle 
traveling to Logan International Airport. A passenger, riding in the 
right front seat of the vehicle, was killed. The driver escaped with 
minor injuries.
  The National Transportation Safety Board, NTSB, immediately launched 
an investigation into the cause of the ceiling panel collapse.
  On July 10, 2007, the NTSB issued its accident report, identifying 
the failure of the epoxy adhesive used to attach the panels to the 
anchors in the ceiling to sustain long-term loads as the probable cause 
of the accident.
  The NTSB report observed that had the Massachusetts Turnpike 
Authority inspected the area above the suspended ceilings at regular 
intervals, the anchor creep that led to this accident would likely have 
been detected, and this tragedy could have been prevented.
  The NTSB report also found that the Federal Highway Administration, 
FHWA, lacked the regulatory authority to conduct tunnel inspections, 
and recommended that the FHWA seek legislation authorizing the agency 
to establish a mandatory tunnel inspection program similar to the 
National Bridge Inspection Program.
  H.R. 409 will fulfill the NTSB recommendation, and establish a 
national program to inspect highway tunnels.
  Under this legislation, the Secretary of Transportation, in 
consultation with State departments of transportation, private 
organizations and individuals, is required to establish national tunnel 
inspection standards for safety inspections and evaluations of all 
public highway tunnels.
  This bill also establishes criteria for certification and training of 
tunnel inspectors, and requires States to prepare and maintain an 
inventory of public highway tunnels.
  FHWA has already begun to develop a tunnel inspection regime modeled 
after the bridge inspection program. This regime must account for the 
inherent differences between bridges and tunnels. Working in 
conjunction with the Federal Transit Administration, the agency has 
published highway and rail transit tunnel inspection manuals.
  FHWA has also begun the process of working with State departments of 
transportation, highway tunnel owners, and other stakeholders to 
develop National Tunnel Inspection Standards and establish minimum 
training and qualification requirements for inspectors.
  These are important steps, but the passage of this legislation will 
ensure that FHWA has the resources necessary to develop and implement 
comprehensive tunnel inspection standards and training.
  I thank the gentleman from Florida, Ranking Member Mica, and his 
staff for working with us to ensure that this legislation accomplished 
its goal of increasing tunnel safety without inadvertently diverting 
resources from bridge inspections.
  Madam Speaker, while we cannot undo the damage caused by this 
accident, we can, and we must, take the necessary actions to prevent 
future tunnel collapses. H.R. 409 establishes a framework to address 
the serious safety concerns raised by the NTSB, and ensures that 
tragedies like that of July 10, 2006, will never occur again.
  I urge my colleagues to join me in strongly supporting H.R. 409.
  Mr. MARKEY. Madam Speaker, I rise in strong support of H.R. 409. This 
legislation will require that tunnels are inspected with the same kind 
of intensity and scrutiny as bridges in every community in the United 
States.
  In Massachusetts for years now we have been working on the Central 
Artery/Tunnel Project, also known as the ``Big Dig'', a system of 
tunnels that has made it much easier to get around in and outside of 
Boston. In July of 2006 there was a tragic death in the Ted Williams 
tunnel due to a collapse of a concrete panel in the ceiling. By adding 
tunnels to all inspection legislation we will give states the vital 
jurisdiction they need to look into important transportation 
structures.
  This bill will not require excessive funds or staffing. As of right 
now it is estimated by the Department of Transportation that it will 
cost less than $1 million and require 5 employees or less to run the 
program. This is a small amount to ask for the safety it would provide 
to all of our constituents across the U.S.
  The legislation calls for standards that must be met for all of the 
tunnel inspections and timelines for states to fix any reported 
deficiencies. We have seen first hand in Minnesota this year what can 
happen if a structurally deficient bridge is left unchecked. This bill 
would help reduce the risk of more tragedies occurring as a result of 
tunnels that have fallen into disrepair. In addition, the Federal 
Highway Administration would be required to work with state 
transportation departments to establish a certification and training 
program for tunnel inspectors as well as keep an inventory of highway 
tunnels.
  I urge adoption of this important legislation.
  Ms. TSONGAS. Madam Speaker, I rise today in strong support of H.R. 
409, a bill that will go a long way toward making our highway 
infrastructure safer. I want to give special

[[Page 431]]

thanks to my colleague from Somerville, Congressman Capuano, for 
introducing this common-sense bill.
  H.R. 409 expands the National Bridge Inspection Program to include 
the inspection of highway tunnels. Current law does not contain 
national standards or requirements for inspecting tunnels. This bill 
corrects that flaw. In doing so, I believe that lives will be saved.
  It is, sadly, because of the loss of life that this bill came to be.
  On the evening of July 10, 2006, Milena Del Valle was killed 
tragically as she and her husband traveled to Boston's Logan Airport, 
utilizing the Ted Williams Tunnel. Milena was killed when sections of 
the concrete ceiling collapsed.
  A number of investigations were launched in the wake of this tragedy. 
One, undertaken by the National Transportation Safety Board, cited 
``inadequate regulatory requirements for tunnel inspections'' as a 
major safety issue that merited correction.
  This bill puts in place those needed requirements, mandatory tunnel 
inspections, and creates a national list of tunnels, to complement 
existing lists of bridges. I hope that swift action today in the House 
will be followed by the Senate, so that any future tragedies like we 
saw in Massachusetts can be averted, Again, I want to thank Congressman 
Capuano, and am pleased to support this bill.
  Mr. DUNCAN. Madam Speaker, I have no additional speakers, and I 
simply will urge passage, and yield back the balance of my time.
  Mr. DeFAZIO. Madam Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Oregon (Mr. DeFazio) that the House suspend the rules 
and pass the bill, H.R. 409, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  The title was amended so as to read: ``A bill to amend title 23, 
United States Code, to direct the Secretary of Transportation to 
establish national tunnel inspection standards for the proper safety 
inspection and evaluation of all highway tunnels, and for other 
purposes.''.
  A motion to reconsider was laid on the table.

                          ____________________




RECOGNIZING THE AMERICAN HIGHWAY USERS ALLIANCE ON THE OCCASION OF ITS 
                            75TH ANNIVERSARY

  Mr. DeFAZIO. Madam Speaker, I move to suspend the rules and agree to 
the resolution (H. Res. 772) recognizing the American Highway Users 
Alliance on the occasion of its 75th anniversary, and for other 
purposes.
  The Clerk read the title of the resolution.
  The text of the resolution is as follows:

                              H. Res. 772

       Whereas in 1932, Alfred P. Sloan, Jr., then president of 
     General Motors Corporation, and other civic leaders had the 
     foresight to found the National Highway Users Conference for 
     the purpose of working ``for good, all-weather roads in every 
     state'';
       Whereas in 1970, the National Highway Users Conference 
     merged with the Automotive Safety Foundation to form the 
     Highway Users Federation for Safety and Mobility, which in 
     1995 was renamed as the American Highway Users Alliance 
     (known as the ``Highway Users'');
       Whereas since its founding, the Highway Users has been a 
     persistent and outspoken proponent for adequate funding of 
     the Nation's highway infrastructure and a consistent voice 
     for motorists who use the highways for leisure, family, and 
     business purposes and for those who depend on the Nation's 
     transportation infrastructure for commercial purposes;
       Whereas the Highway Users has voiced the interests of 
     motorists and businesses on all major national highway and 
     traffic safety legislation over the past 75 years, including 
     the Federal-Aid Highway Act of 1956, which authorized the 
     Interstate Highway System and established the Highway Trust 
     Fund;
       Whereas the Highway Users has been a consistent force for 
     protecting the integrity of the Highway Trust Fund and State 
     highway trust funds;
       Whereas research conducted by the Highway Users has 
     documented the promise and potential of modern United States 
     highways in improving safety, facilitating emergency 
     evacuations, and growing the national economy; and
       Whereas the Highway Users has been a strong advocate in 
     favor of strengthening the national highway network by 
     promoting a strong Federal role in mobility and safety and by 
     advocating policies that benefit highway users: Now, 
     therefore, be it
       Resolved, That the House of Representatives--
       (1) recognizes the American Highway Users Alliance on the 
     occasion of its 75th anniversary;
       (2) commends the many achievements of the American Highway 
     Users Alliance; and
       (3) encourages the American Highway Users Alliance to 
     continue its tradition of excellence in service to motorists 
     and the transportation industry.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Oregon (Mr. DeFazio) and the gentleman from Tennessee (Mr. Duncan) each 
will control 20 minutes.
  The Chair recognizes the gentleman from Oregon.


                             General Leave

  Mr. DeFAZIO. Madam Speaker, I ask unanimous consent that all Members 
may have 5 legislative days within which to revise and extend their 
remarks and include extraneous material on H. Res. 772.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Oregon?
  There was no objection.
  Mr. DeFAZIO. Madam Speaker, I rise today in strong support of H. Res. 
772, a resolution to congratulate the American Highway Users Alliance 
on the occasion of its 75th anniversary.
  Founded in 1932 as the National Highway Users Conference, in 1970 the 
group merged with the Automotive Safety Foundation and were renamed the 
Highway Users Federation for Safety and Mobility, and in 1995 they took 
on the current name of American Highway Users Alliance (``the Highway 
Users'').
  The Highway Users has always been an outspoken proponent for adequate 
funding for our Nation's highway infrastructure and a consistent voice 
for motorists and those who depend on our highways for commercial 
purposes.
  For the past 75 years, Highway Users have expressed the interests of 
motorists and businesses on all major national highway and traffic 
safety legislation, including strong support for the Federal Aid 
Highway Act of 1956, which authorized the Interstate Highway System, 
established the Highway Trust Fund. Since then, it's been an unwavering 
force for protecting the integrity of the Federal Highway Trust Fund 
and State Highway Trust Funds.
  As we received a report last week on the state of the Nation's 
infrastructure from a commission that was created by the passage of the 
SAFETEA-LU bill, we find that we are dramatically in deficit in 
investing in the Nation's infrastructure. And the current 
administration is dramatically in denial about the deficit in investing 
in infrastructure, so there will be a lot of work to be done by the 
American Highway Users Alliance and other advocates for an improved 
transportation network in the United States of America.
  Madam Speaker, I reserve the balance of my time.
  Mr. DUNCAN. Madam Speaker, I yield myself such time as I may consume.
  Madam Speaker, I would like to also voice my support for House 
Resolution 772. House Resolution 772 was introduced by Chairman 
Oberstar, Ranking Member Mica, Highways and Transit Subcommittee 
Chairman DeFazio, and myself to recognize the 75th anniversary of the 
American Highway Users Alliance, a broad national coalition of 
organizations representing motorists and businesses.
  The American Highway Users Alliance is a nonprofit advocacy 
organization with the mission to promote safe, uncongested highways and 
enhanced mobility. The group's membership includes over 300 national 
trade associations, corporations, small businesses, and other State and 
local nonprofit groups. They represent over 45 million highway users.
  Since 1932, the group has fought for road and bridge investments that 
will save lives, promote economic growth, improve quality of life, and 
protect freedom of mobility.
  The American Highway Users Alliance focuses its campaigns on fair 
highway use taxation, Federal highway policy and funding, and 
responsible environmental policy.
  The American Highway Users Alliance is an important voice for the 
interests of motorists and businesses and

[[Page 432]]

has been an active participant in every major national highway and 
traffic safety law passed over the last 75 years.
  I strongly support this resolution and congratulate the American 
Highway Users Alliance on its achievements and on its 75th anniversary. 
Madam Speaker, I urge all my colleagues to support this resolution.
  Mr. OBERSTAR. Madam Speaker, I rise today in strong support of H. 
Res. 772, to congratulate American Highway Users Alliance on the 
occasion of its 75th anniversary.
  The American Highway Users Alliance (``Highway Users'') has changed 
its name several times over 75 years. The group was founded in 1932 as 
the National Highway Users Conference. In 1970, the group merged with 
the Automotive Safety Foundation and was renamed the Highway Users 
Federation for Safety and Mobility. In 1995, the organization took on 
its current name.
  Yet no matter what the group was called, Highway Users has always 
been a persistent and outspoken proponent for adequate funding and 
oversight of the Nation's highway infrastructure, and a diligent voice 
for the interests of the public.
  Highway Users has voiced the interests of motorists and businesses on 
all major national highway and traffic safety legislation over the past 
75 years, including strong support of the Federal-Aid Highway Act of 
1956, which authorized the Interstate Highway System and established 
the Highway Trust Fund.
  Highway Users has worked tirelessly over the past 75 years to protect 
the integrity of the Highway Trust Fund and State highway trust funds.
  The organization has conducted crucial research documenting the 
promise and potential of modern United States highways in improving 
safety, facilitating emergency evacuations, and growing the national 
economy.
  The American Highway Users Alliance has also been a consistent 
advocate in favor of strengthening the national highway network by 
promoting a strong Federal role in mobility and safety and by 
advocating policies that benefit all highway users.
  For these and other contributions to our daily lives, our economic 
well-being, and our health and safety, I rise to recognize the 
outstanding achievements of the American Highway Users Alliance and its 
sustained contribution in service to our Nation.
  I urge my colleagues to support this resolution and join me in 
commemorating the 75th anniversary of the American Highway Users 
Alliance.
  Mr. DUNCAN. Madam Speaker, I have no other speakers, and so I yield 
back the balance of my time.
  Mr. DeFAZIO. Madam Speaker, I have no further requests for time, and 
I would yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Oregon (Mr. DeFazio) that the House suspend the rules 
and agree to the resolution, H. Res. 772.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the resolution was agreed to.
  A motion to reconsider was laid on the table.

                          ____________________




                              {time}  1500
                 HONORING THE UNITED STATES COAST GUARD

  Mr. DeFAZIO. Madam Speaker, I move to suspend the rules and agree to 
the resolution (H. Res. 866) honoring the brave men and women of the 
United States Coast Guard whose tireless work, dedication, and 
commitment to protecting the United States have led to the Coast Guard 
seizing over 350,000 pounds of cocaine at sea during 2007, far 
surpassing all of our previous records.
  The Clerk read the title of the resolution.
  The text of the resolution is as follows:

                              H. Res. 866

       Whereas the estimated street value of the cocaine seized by 
     the Coast Guard in 2007 is more than $4,700,000,000 or nearly 
     half of the Coast Guard's annual budget;
       Whereas the Coast Guard's at sea drug interdictions are 
     making a difference in the lives of American citizens 
     evidenced by the reduced supply of cocaine in more than 35 
     major cities throughout the United States;
       Whereas keeping illegal drugs from reaching our shores 
     where they undermine American values and threaten families, 
     schools, and communities continues to be an important 
     national priority;
       Whereas through robust interagency teamwork, collaboration 
     with international partners, and ever-more effective tools 
     and tactics, the Coast Guard has seized more than 2,000,000 
     pounds of cocaine during the past 10 years and will continue 
     to tighten the web of detection and interdiction at sea; and
       Whereas the Coast Guard men and women who, while away from 
     family and hundreds of miles from our shores, execute this 
     dangerous mission, as well as other vital maritime safety, 
     security, and environmental protection missions, with quiet 
     dedication and without want of public recognition, continue 
     to show dedication and selfless service in protecting the 
     Nation and the American people: Now, therefore, be it
       Resolved, That the United States House of Representatives 
     honors the United States Coast Guard, with its proud 217 year 
     legacy of maritime law enforcement and border protection, 
     along with the brave men and women whose efforts clearly 
     demonstrate the honor, respect, and devotion to duty that 
     ensures America's parents can sleep soundly knowing the Coast 
     Guard is on patrol.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Oregon (Mr. DeFazio) and the gentleman from South Carolina (Mr. Coble) 
each will control 20 minutes.
  The Chair recognizes the gentleman from Oregon.


                             General Leave

  Mr. DeFAZIO. Madam Speaker, I ask unanimous consent that all Members 
may have 5 legislative days within which to revise and extend their 
remarks and include extraneous material on H. Res. 866.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Oregon?
  There was no objection.
  Mr. DeFAZIO. Madam Speaker, I yield myself such time as I may 
consume.
  Madam Speaker, the United States Coast Guard provides extraordinary 
service to our Nation on a daily basis. They are providing for homeland 
security. They are providing in this case that we will talk about in 
some depth a drug interdiction to keep our citizens safe and deprive 
drug traffickers of easy access to the United States, and they also 
provide life-saving services, in addition to other routine law 
enforcement and monitoring activities.
  This seizure is fairly extraordinary: 350,000 pounds of cocaine with 
an estimated street value of about $4.7 billion. That is more than half 
the budget of the United States Coast Guard. It is extraordinary for 
this, the smallest of our uniformed services, to have provided that 
much protection for our country.
  There are 41,000 men and women in the Coast Guard who patrol our 
Nation's shores, gather and process intelligence from around the world 
every single day of the year, as I mentioned earlier, both a homeland 
security purpose, and in this case, to interdict drug smuggling.
  Though most Americans may not often see the Coast Guard at work along 
our 95,000 miles of coastline, you can be certain that the effects of 
the service's essential work ripple down into even local neighborhoods. 
Drug dealers are feeling the effects of the Coast Guard's good work as 
they complain of short supplies in more than 35 major U.S. cities.
  The Coast Guard has been guarding our coasts and securing our borders 
since 1790. They do so without need for special recognition. They 
execute their missions daily, whether it is maritime safety, 
environmental protection, search and rescue, maritime law enforcement 
or homeland security.
  Due to the Coast Guard's aggressive enforcement in monitoring the 
Caribbean drug routes, drug smugglers have now had to resort to much 
more dangerous and expensive tactics providing a deterrent. They've had 
deterrents to specific routes, which takes them more than 1,000 miles 
offshore, which costs them more money and presents logistical 
difficulties, and yet again, gives the Coast Guard further 
opportunities to interdict.
  Although the Coast Guard is the smallest of the seven uniformed 
services, it is the Nation's leading maritime enforcement agency. 
Interdicting drugs is an Interagency effort. The Coast Guard relies 
heavily on their partnerships with numerous Federal and State agencies, 
including the Department of Defense, Federal Bureau of

[[Page 433]]

Investigation, Drug Enforcement Administration and Customs and Border 
Patrol to extend their law enforcement authority.
  These partnerships are a critical component of their interdiction 
success. They have also negotiated international bilateral agreements 
to allow them to conduct operations and stop illegal smuggling outside 
of U.S. territorial waters.
  H. Res. 866 honors the brave men and women of the Coast Guard whose 
tireless work, dedication and commitment to protecting the United 
States resulted in this extraordinary interdiction of illegal drug 
shipments in 2007, and on a daily basis protects our Nation and our 
citizens.
  I rise in strong support of H. Res. 866 and urge adoption of the 
resolution.
  Madam Speaker, I reserve the balance of my time.
  Mr. COBLE. Madam Speaker, I yield myself such time as I may consume.
  Madam Speaker, initially, I would like to express thanks to Chairman 
Oberstar and Subcommittee Chairman Cummings for their support of H. 
Res. 866, and I also want to express thanks to Ranking Member Mica and 
Subcommittee Ranking Member LaTourette for their support of the measure 
and the members on the subcommittee who cosponsored the resolution.
  H. Res. 866, Madam Speaker, recognizes the men and women of the 
United States Coast Guard whose efforts led to a record year in drug 
interdiction. They are to be commended for their dedication and 
selfless service in protecting the American people.
  Madam Speaker, I'm going to read some numbers imminently, and 
oftentimes when one reads numbers, it becomes boring and induces sleep, 
but these numbers I think are significant to the issue at hand.
  In 2007, the Coast Guard seized over 355,000 pounds of cocaine, 
besting the previous record by almost 20,000 pounds. These 
interdictions removed more than $4.7 billion worth of illegal drugs 
destined for our communities. Because of these efforts, today our 
families, schools and communities are more safe and secure despite the 
bold and sophisticated actions of drug smugglers.
  I'd like to take a minute to highlight a few interdictions which led 
to this year's drug seizure record. First, the Coast Guard made its 
largest maritime cocaine seizure when it intercepted a Panamanian 
vessel carrying more than 33,000 pounds of narcotics in March of last 
year. Additionally, in September of 2007, the Coast Guard interdicted 
more than 9,000 pounds of cocaine and 3,600 gallons of liquid cocaine.
  Finally, Coast Guard men and women, in collaboration with interagency 
partners, interdicted and boarded a self-propelled, semi-submersible 
vessel loaded with an estimated $352 billion worth of cocaine this past 
August.
  These success stories, Madam Speaker, are the result of an 
interagency approach to stemming the tide of illegal drugs. According 
to Director John Walters of the Office of National Drug Control Policy, 
the efforts are clearly working as the average price of cocaine has 
increased and the quality decreased.
  Since 1790, the Coast Guard has been the Nation's leading maritime 
law enforcement agency. Today, missions include drug interdiction, 
migrant interdiction, fisheries enforcement, environmental compliance 
and safe boating enforcement. Clearly, the success of the men and women 
of the Coast Guard is attributed to the multifaceted nature of this 
branch.
  The Coast Guard also confronts unique obstacles with migrant 
smugglers who, not unlike drug runners, are becoming more brazen and 
bold in their efforts. I believe we must continue to work to provide 
the enhanced penalties necessary to deter and punish dangerous, high-
speed pursuits and other patently unsafe activity associated with 
maritime alien smuggling. If we can implement increased deterrence, I 
have no doubt that the success that the Coast Guard has in drug 
interdiction will translate to similar success with migrant 
interdiction.
  As we move forward, we need to ensure that the Coast Guard has the 
appropriate resources to ensure our safety and security. Currently, the 
Coast Guard is in the midst of a fleet modernization. The overall 
intent is to provide the men and women of the Coast Guard with the 
necessary tools to protect our homeland. I applaud the actions taken by 
Admiral Allen, the commandant, to move this acquisition program, which 
is desperately needed, in the right direction.
  I also again applaud Chairman Oberstar, Subcommittee Chairman 
Cummings, as well as Congressman Mica and Congressman LaTourette, the 
ranking members of the full committee and the subcommittee, for their 
efforts to complement and oversee these actions, and I look forward to 
working with my colleagues to ensure that the Coast Guard has the 
equipment necessary to meet our homeland security and safety needs.
  Again, Madam Speaker, we commend the men and women of the United 
States Coast Guard for their drug interdiction success in 2007, and 
again, I want to thank my colleagues for their consideration and 
support of H. Res. 866.
  Madam Speaker, I reserve the balance of my time.
  Mr. DeFAZIO. Madam Speaker, I have no further requests for time, and 
I yield back the balance of my time.
  Mr. COBLE. Madam Speaker, I yield 5 minutes to the distinguished 
gentleman from Indiana (Mr. Souder).
  Mr. SOUDER. Madam Speaker, I thank the distinguished former chairman 
from North Carolina who's been a leader in the anti-narcotics efforts 
in the Judiciary Committee and elsewhere and a tireless combatant 
against illegal drugs. I also want to thank Chairman Oberstar who 
clearly knows the importance of the Coast Guard in the Great Lakes, and 
Ranking Member John Mica who headed the Drug Subcommittee, who I 
succeeded as chairman of that subcommittee a number of years ago; 
Subcommittee Chairman Cummings, who was the ranking member of the Drug 
Subcommittee over the last 6 years; and my friend Steve LaTourette as 
well.
  This resolution has a particular personal importance to me, too, 
beyond the larger question. The big bust of 42,845 pounds of cocaine 
was primarily done by the Coast Guard Cutter Sherman. Captain Charlie 
Diaz served as a detailee to our subcommittee for a number of years, 
and then was detailed to the Speaker's office, and I want to 
congratulate Charlie in particular and his crew on the Sherman.
  It would be nice to claim that we taught him how to do this, but in 
fact, we're just really glad that while he was here on the Hill 
learning how we work that he didn't lose the skills necessary to track 
down the huge loads of cocaine and other things the Coast Guard does.
  It's also important that in this big bust where they got the 
freighter Gatun and 14 people just off the coast of Panama, it's 
critical to have the intelligence. We, earlier, heard about the joint 
agency effort, particularly JATF, the Joint Agency Task Force, based 
out of south Florida that is run by the Coast Guard and provides such 
valuable intelligence. You're just not going to pick up a boat and find 
42,000 pounds of cocaine, nearly 20 tons of cocaine. You have to have 
decent intelligence because when you look at the Bahamas and all those 
boats out there, we have to have these kind of coordinated efforts, and 
JATF is a key part of it, and drug intelligence is a key part of it.
  I want to thank Commandant Allen, Admiral Allen, in particular, for 
understanding that narcotics are part of the terrorism effort. There's 
tremendous pressure on the Coast Guard, and in the Great Lakes and 
Alaska and many places, its fisheries, search and rescue is still the 
day-to-day what they do. They have all sorts of migrant interventions 
way out even coming in towards Hawaii, coming off of Haiti, coming off 
of Cuba, huge challenges in migrant interdiction.
  They're trying to patrol and have increasing narcotics coming off 
from the Andean region into the eastern Pacific off of Mexico. We have 
routes that are

[[Page 434]]

going into Guatemala and Panama, like this big interception, biggest 
bust in the history of the Coast Guard. There are constant challenges.
  Last year, we had zero deaths from what we just were talking about, 
9/11-type terrorism, and 20,000 from drug overdose. Since 9/11, we've 
lost roughly 120,000 Americans to drug and alcohol abuse and all the 
violence that associates with that, and we lost 3,300 at 9/11.
  It's important to understand we're dealing with all sorts of 
terrorism here, and the Coast Guard has been an important element. As 
the ranking member of the Homeland Security Subcommittee on Border, 
Port Security and Global Anti-Terrorism, I'm one who understands how 
conflicted they are in their missions: Do they stay at port and protect 
the port? Are they supposed to be out getting a sailboat that tipped 
over? Are they supposed to be helping the fisheries? Are they supposed 
to be trying to get people in the eastern Pacific, as they go out past 
the Galapagos Islands? What about the Caribbean?
  They are so multitasked that this Congress has to understand that if 
we're going to ask the Coast Guard to tackle all these missions, there 
has to be adequate funding. We have to make sure that not only do the 
Deepwater ships float, but we also need to make sure they have them. 
The controversies over the construction doesn't change the need.
  As the drug traffickers move further out into the ocean, they have to 
have the ability to stay at sea longer. They can't keep running back 
into port because that's when the drug dealers, and if you can smuggle 
this much drugs, you can smuggle anthrax, you can smuggle nuclear 
parts, you can smuggle anything. Contraband is contraband.
  If we aren't out there with a physical presence, if we don't have 
boats that are fast enough, if we don't have helicopters that can come 
off, if we can't surround or disable, we're not going to be able to 
intercept narcotics or other terrorists.

                              {time}  1515

  I want to commend Commandant Allen, who also basically bailed us out 
in Katrina, because the Coast Guard has served such an important 
function in so many areas there is not enough we can do to thank the 
men and women of the Coast Guard for their bravery, for their ability 
to do multitasking. And it's very important for this Congress to honor 
them and to make sure they have adequate funding.
  Mr. OBERSTAR. Madam Speaker, I rise in strong support of House 
Resolution 866, which recognizes the brave men and women of the U.S. 
Coast Guard for their tireless work and dedication in guarding our 
coasts and securing our borders since 1790. I thank the distinguished 
gentleman from North Carolina (Mr. Coble), a former Coastguardsman, for 
introducing this resolution.
  Last year was particularly noteworthy for the Coast Guard's drug 
interdiction efforts. In 2007, the Coast Guard seized more than 350,000 
pounds of cocaine, far surpassing all previous Coast Guard records. 
This seizure had a street value of over $4.7 billion, which equates to 
almost 50 percent of the Coast Guard's budget.
  Throughout its history, the Coast Guard has protected the nation from 
piracy, rum runners, and illegal drug and migrant smugglers. The Coast 
Guard's first documented opium seizure was in 1890, by the Revenue 
Cutter Wolcott. In 1921, the Coast Guard Cutter Seneca seized 1,500 
cases of liquor from a rum running schooner off the coast of New 
Jersey.
  Due to the Coast Guard's aggressive drug interdiction pursuits, the 
supply of cocaine has been greatly reduced in more than 35 major U.S. 
cities. This has made a significant difference in the lives of American 
citizens.
  The Coast Guard has established interagency and international 
partnerships which have contributed to its success. The United States 
negotiated bilateral agreements with 26 Caribbean and South American 
nations to allow the Coast Guard to stop illegal smuggling and conduct 
operations far outside the United States territorial seas.
  Through these partnerships and more effective tools and tactics, the 
Coast Guard seized 2 million pounds of cocaine in the past 10 years. In 
March 2007, the Coast Guard made its largest maritime cocaine seizure 
in history when it intercepted and seized a Panamanian vessel carrying 
approximately 20 tons of the dangerous narcotic.
  I commend the brave men and women of the Coast Guard for their 
selfless service and dedication to Nation and the American people. They 
work tirelessly to fulfill the numerous missions of the service, from 
search and rescue and environmental protection to maritime law 
enforcement and homeland security. We can live each day in solace 
knowing that the Coast Guard is on watch.
  I urge my colleagues to join with me in strongly supporting H. Res. 
866.
  Ms. JACKSON-LEE of Texas. Madam Speaker, I rise today in support of 
H. Res. 866, introduced by my distinguished colleague from North 
Carolina, Representative Coble, honoring the brave men and women of the 
United States Coast Guard whose tireless work, dedication, and 
commitment to protecting the United States have led to the Coast Guard 
seizing over 350,000 pounds of cocaine at sea during 2007, far 
surpassing all of our previous records. This bipartisan legislation 
honors the Coast Guard's important 217-year legacy of protecting 
American borders and enforcing the laws of the sea.
  The maritime safety laws of this country were written in 
understanding and appreciation of the peril which mariners face when 
they get on a ship, go out to sea, whether on the saltwater or the 
fourth coastline of this country, the Great Lakes.
  Americans put their trust every day in the Coast Guard to regulate 
safety on ferry boats and other types of vessels conveying passengers, 
or on liquefied natural gas tankers that come into our ports. We have 
to ensure that the Coast Guard will get their full funding needed to 
carry out those responsibilities.
  The United States Coast Guard is the smallest of the seven uniformed 
services of the United States. Their mission is to protect the public, 
environment, and the economic and security interest of the United 
States' coasts, ports, and inland waterways. During the Coast Guard's 
217-year legacy of border protection and maritime law enforcement, 
modern technologies have made their job more perilous. This, however, 
has not deterred our Nation's brave young men and women from conducting 
the dangerous duty of drug interdiction.
  In 2007, the Coast Guard seized more than 350,000 pounds of cocaine 
at sea. The street value of this seizure is worth over an estimated 
$4.7 billion. The sum is nearly one-half of the Coast Guard's annual 
budget.
  The Coast Guard's at-sea drug seizures have reduced the supply of 
cocaine in more than 35 major cities across the United States, 
consequently making a positive difference in our American communities. 
This important legislation recognizes the overwhelming contributions of 
the Coast Guard to the American community. It furthermore applauds the 
Coast Guard for their commitment to participating as part of a robust 
interagency team and international partners that has contributed to the 
seizure over 2 million pounds of cocaine in the past 10 years.
   I commend the men and women of the Coast Guard, who spend countless 
hours at sea away from their families while they unremittingly work to 
execute their service's mission. I acknowledge the commitment and 
selfless service required to protect our Nation and the American people 
done by Coast Guard men and women without want of public recognition.
  I strongly urge my colleagues to join me in supporting this important 
legislation, and, in so doing, giving our men and women in uniform the 
respect and recognition they deserve.
  Mr. THOMPSON of Mississippi. Madam Speaker, I rise today in support 
of H. Res. 866, a resolution commending the dedicated men and women of 
the Coast Guard on their remarkable drug interdiction efforts, which 
have resulted in the record seizure of 355,755 pounds of cocaine, 
valued at more than $4.7 billion.
  Embodying its motto of Semper Paratus or ``Always Ready'', the Coast 
Guard has used improved information-sharing and intelligence to 
anticipate and combat smuggling, piracy and other threats before they 
reach America's shores. For example, in September, the Coast Guard 
stopped a vessel loaded with 3,600 gallons of cocaine dissolved in 
diesel fuel. This liquid cocaine could have been converted into 15,800 
pounds of pure cocaine. Earlier last year, the Coast Guard made its 
largest maritime cocaine seizure when it intercepted a Panamanian 
vessel carrying approximately 20 tons of the drug.
  Since the tragic events of 9/11, the Coast Guard's mission has taken 
on increased significance, as they have added critical homeland 
security responsibilities to their traditional missions. As chairman of 
the Committee on Homeland Security, I am well acquainted with the 
extraordinary job the Coast Guard does in fulfilling these missions on 
behalf of our Nation. H. Res. 866 affirms our appreciation for

[[Page 435]]

the valiant members of the United States Coast Guard, who risk their 
lives every day to rescue and protect the American people and preserve 
the Nation's security. I encourage my colleagues to join me in 
supporting this important legislation.
  Mr. COBLE. Madam Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Oregon (Mr. DeFazio) that the House suspend the rules 
and agree to the resolution, H. Res. 866.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. DeFAZIO. Madam Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.

                          ____________________




          REMOVAL OF NAME OF MEMBER AS COSPONSOR OF H.R. 3120

  Mr. FEENEY. Madam Speaker, I ask unanimous consent that my 
cosponsorship of the bill, H.R. 3120, be withdrawn.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Florida?
  There was no objection.

                          ____________________




    COMMISSION ON THE ABOLITION OF THE TRANSATLANTIC SLAVE TRADE ACT

  Mr. PAYNE. Madam Speaker, I move to suspend the rules and concur in 
the Senate amendment to the bill (H.R. 3432) to establish the 
Commission on the Abolition of the Transatlantic Slave Trade.
  The Clerk read the title of the bill.
  The text of the Senate amendment is as follows:

       Senate amendment:
       On page 15, strike lines 3 through 5.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New 
Jersey (Mr. Payne) and the gentleman from Texas (Mr. Poe) each will 
control 20 minutes.
  The Chair recognizes the gentleman from New Jersey.


                             General Leave

  Mr. PAYNE. Madam Speaker, I ask unanimous consent that all Members 
may have 5 legislative days to revise and extend their remarks and 
include extraneous material on the resolution under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from New Jersey?
  There was no objection.
  Mr. PAYNE. Madam Speaker, I rise as the sponsor of H.R. 3432 and 
yield myself such time as I may consume.
  I would like to thank Chairman Lantos and Ranking Member Ros-Lehtinen 
for their leadership on this legislation. I would also like to thank my 
friends in the other body and the senior Senator from my home State of 
New Jersey for sponsoring and ensuring the passage of this bill. And 
finally, I would like to thank Speaker Pelosi and Representative 
Clyburn for their assistance in bringing this important and timely bill 
to the House.
  This year will mark the 200th anniversary of the act to prohibit the 
importation of slaves, which effectively ended the legal transatlantic 
slave trade.
  The bill under consideration before us, H.R. 3432, the 200th 
Anniversary Commemoration Commission of the Abolition of Transatlantic 
Slave Trade, establishes a commission to cultivate and preserve the 
memory of a grave injustice in American history, the transatlantic 
slave trade, and to mark the trade's conclusion at the hands of 
President Thomas Jefferson.
  As you know, the transatlantic slave trade was the capture and 
procurement of Africans, mostly from west and central Africa, to 
western colonies and new nations in America, including the United 
States, where they were enslaved in forced labor between the 15th and 
mid-19th centuries.
  In the early years of this Republic, the transatlantic slave trade 
constituted a thriving economic vein of the United States. By 1807, 
millions of Africans had been captured and transported to the Americas 
on notorious slave ships. That ship replica can be seen at the National 
Great Blacks in Wax Museum in Baltimore, Maryland.
  Many individuals perished as a result of torture, including rape, 
malnutrition, and disease. Those who survived faced the miserable 
prospects of a lifetime in bondage. Few Americans are aware that 
captured slaves resisted their enslavement until the bitter end.
  During the Middle Passage, enslaved Africans defied their slave 
masters through nonviolent and violent means, including hunger strikes, 
suicide, and shipboard revolts, the most historically recognized events 
taking place on board the Don Carlos in 1732 and on board the Amistad 
in 1839.
  On March 3, 1807, President Thomas Jefferson signed into law the 
Transatlantic Slave Trade Act, which prohibited the importation of 
slaves from any port or any place within the jurisdiction of the United 
States. This bill was nothing short of revolutionary at that time in 
1806 when it was passed through this Congress. It single-handedly 
outlawed the long-standing and brutal slave trade of transporting 
Africans to the United States.
  As we know, even before this bill was passed, free and slave persons 
fought in the Revolutionary War, the War of Independence against 
Britain. In the Boston Massacre on March 3, 1770, Crispus Attucks was 
the first American to shed his blood at that Boston Massacre, which was 
led by Major Pitcairn, at that time a British officer. Ironically, in 
1775, at the famous Battle of Bunker Hill, Peter Salem and Salem Poor 
were two outstanding blacks who fought with the minutemen. And it was 
Peter Salem who fired the shot that killed Major Pitcairn, who led the 
Boston Massacre. So, there were blacks long before slavery was ended 
that fought heroically for this country.
  The commission will encourage civic, historical, educational, 
religious, economic and other organizations, as well as the State and 
local governments throughout the United States, to organize and 
participate in anniversary activities to expand the understanding and 
appreciation of the transatlantic slave trade.
  As we constantly admonish the prevalence of modern-day slavery 
worldwide, it would be hypocritical if we did not acknowledge the 
history of transatlantic slave trade and slavery that existed not long 
ago in our country.
  African labor was an essential feature of economic development in 
Europe and our former colonies, including the United States. All of the 
nations involved flourished economically as a result of slave labor.
  Slave trade and the legacy of slavery continues to have a profound 
impact on social and economic disparities, hatred, bias, racism and 
discrimination that continues to affect people in the Americas, 
particularly those of African descent.
  It is important, as Americans, that we extend our highest 
appreciation for the contributions and struggles of African Americans 
to create an equitable and just society from which we all benefit 
today.
  The commission created by this bill will be tasked with the mandate 
to plan, develop and execute programs and activities appropriate with 
the 200th anniversary of the abolition of the transatlantic slavery. 
The mission is timely and the subject is critical.
  The United States is a primary voice on trafficking issues. We are 
also the principal advocates for human rights and freedom around the 
world. Our Nation's willingness to confront its past and calmly assess 
the impact of slavery on the United States strengthens our ability to 
serve as an advocate on the international stage.
  I strongly urge my colleagues to support this timely legislation that 
will embrace America's history and honor its past.
  Madam Speaker, I reserve the balance of my time.
  Mr. POE. Madam Speaker, I yield myself such time as I may consume.
  Madam Speaker, I rise in support of H.R. 3432, an act to establish a 
commission on the abolition of the transatlantic slave trade.

[[Page 436]]

  The House passed this bill on October 2nd of last year, and today we 
take it up again as amended by the Senate, which removed three lines of 
authorizing language.
  For over 200 years, countless Africans died appalling deaths during 
the so-called ``Middle Passage,'' the inhumane overseas voyage of their 
lives to slavery. Many Africans never made it to the Americas because 
they died on the way.
  In that era, as throughout history, man's inhumanity to man had a lot 
to do with money. The Middle Passage referred to a middle portion of a 
triangular trade in cargo and people that began and ended in Europe.
  Portuguese, English, Spanish, French, Dutch and other traders, 
including Americans, arrived on the West Coast of Africa where they 
sold or traded European cargo of textiles, firearms and other goods for 
Africans, who had been enslaved or kidnapped in many cases by other 
Africans. From there, they began the inhumane ``Middle'' journey to the 
Caribbean Islands and the Americas, during which many of them died. In 
the New World, which included North and South America and the Caribbean 
Islands, the slaves were sold for profit and traded for colonial goods 
that traveled mainly back to Europe, such as rum, sugar, rice and 
molasses.
  Most of the victims of the Atlantic slave trade ended up in the 
Caribbean Islands and South America. Approximately 5 percent ended up 
in North America. These humans served as cheap forced labor for 
profiteers.
  As recognized in this bill, the Transatlantic Slave Act went into 
effect 200 years ago this month, prohibiting the importation of slaves 
into the United States. President Thomas Jefferson authorized this act 
in 1808. Sadly, in spite of the formal prohibition and the act of 
Congress, this shameful institution of slavery persisted in this 
country for nearly 6 decades afterwards.
  This bill will establish a commission to ensure that this important 
anniversary is appropriately commemorated within the United States and 
abroad. It will help afford all Americans the opportunity to learn more 
about the institution of slavery and its vestiges so that we may 
understand this tragic aspect of history.
  In addition to promoting greater tolerance and understanding within 
the United States, this commission can also help shed light on the fact 
that slavery still exists in the modern world 200 years after the 
transatlantic slave trade was abolished. It exists today as it did in 
the past because of greed. It exists in the form of human trafficking. 
It exists wherever any group is systematically robbed of their 
fundamental human rights. These problems are undeniably real for the 
hundreds and thousands of women and children who are trafficked 
internationally every year.
  Madam Speaker, it is appropriate, on the day after we honor the late 
Dr. Martin Luther King, a humanitarian and advocate of basic human 
rights, that we pass this legislation.
  I want to thank the author of the bill, the gentleman from New Jersey 
(Mr. Payne) for his efforts.
  I urge all colleagues to support this measure.
  Madam Speaker, I yield back the balance of my time.
  Mr. PAYNE. Let me thank the gentleman from Texas for his eloquent 
statement, very well done, and thank you very much for your support of 
this legislation.
  As we conclude, there were two other Members who indicated they 
wanted to speak, but I think that our time is about expiring.
  But let me, once again, thank our chairman and ranking member for 
assisting us in bringing this bill forward. We hope that, as has been 
indicated, that we will be able to deal with modern-day slavery. We 
have problems in our country today where people are being brought in 
from eastern Europe and other areas where they are being exploited, and 
we need to really be more vigilant about wiping some of these terrible 
practices away.
  And so, we hope that this commission will focus not only on the past, 
deal with the present, but also deal with the future. And we certainly 
appreciate the support from the other body and the senior Senator from 
New Jersey.
  Ms. JACKSON-LEE of Texas. Madam Speaker, I rise today in strong 
support of H.R. 3432, the 200th Anniversary Commemoration Commission of 
the Abolition of the Transatlantic Slave Trade of 2007, which I am 
proud, along with over 95 of my colleagues, to cosponsor. This 
legislation recognizes the 200th anniversary of the Transatlantic Slave 
Trade, and it establishes the rubric from which the Commission, to be 
known as the ``Transatlantic Slave Trade 200th Anniversary 
Commission,'' shall be formed.
  I would like to thank my distinguished colleague, Congressman Payne, 
for introducing this important legislation, as well as the Chairman of 
the Committee on Foreign Affairs, Congressman Lantos, for his 
leadership on this issue.
  Madam Speaker, though 200 years have passed since the abolition of 
the transatlantic slave trade, the legacy of slavery continues to have 
a profound impact on American society. The legacy of social and 
economic disparity lives on, as do hatred, bias, and discrimination. 
Despite two centuries of progress, the African American community 
continues to feel the impact of the transatlantic slave trade, and 
subsequent years of racism and persecution.
  While our Nation has pursued the ideals of liberty and equality for 
all, there still remain steps that must be taken in order to ensure 
that even such a dark piece of our Nation's history be preserved and 
its conclusion at the hand of President Thomas Jefferson be celebrated.
  Madam Speaker, the bill before us establishes a commission to 
cultivate and preserve the memory of a grave injustice in American 
history: we must recognize and in some small way try to rectify our 
past. In the early years of the Republic, the transatlantic slave trade 
constituted a thriving economic vein of the United States. By 1807, 
millions of Africans had been captured and transported to the Americas, 
many perishing as the result of torture, rape, malnutrition, and 
disease. It was not until March of 1807 that President Thomas Jefferson 
signed into law ``An Act to prohibit the importation of slaves into any 
port or place within the jurisdiction of the United States,'' a 
Congressionally approved bill intended to end the heinous practice of 
the transatlantic slave trade.
  It is in commemoration of President Jefferson's revolutionary act, 
and to explore further the impacts of the slave trade on our Nation 
that H.R. 3432 establishes the 200th Anniversary Commemoration 
Commission. This important commission will be composed of 11 
congressionally appointed members charged with the task of planning, 
developing, and executing programs and activities appropriate to 
commemorate the 200th anniversary of the abolition of the transatlantic 
slave trade. Though the Senate amendments to this bill strike the 
appropriation of funds for this important legislation, I still feel 
that this is an imperative first step in the right direction. While I 
am disappointed that the Senate did not see fit to allocate the 
necessary funds to see the formation of this unprecedented commission 
to fruition, I remain supportive of the significant mission of this 
legislation and hope to see it through to its completion.
  January 1, 2008, marked the 200th anniversary of the ``Act to 
Prohibit the Importation of Slaves.'' The United States today serves as 
a moral compass for the rest of the world and as such we must provide a 
voice for human trafficking issues. Our willingness to confront our 
Nation's past and to address the impacts of the slave trade and its 
legacy on the United States strengthens our undeterred commitment to 
serving as an advocate for human rights and freedom in the 
international community.
  I strongly urge my colleagues to join me in supporting this important 
legislation.
  Mr. PAYNE. Madam Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from New Jersey (Mr. Payne) that the House suspend the rules 
and concur in the Senate amendment to the bill, H.R. 3432.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the Senate amendment was concurred in.
  A motion to reconsider was laid on the table.

                          ____________________




                                 RECESS

  The SPEAKER pro tempore. Pursuant to clause 12(a) of rule I, the 
Chair declares the House in recess until approximately 6:30 p.m. today.

[[Page 437]]

  Accordingly (at 3 o'clock and 29 minutes p.m.), the House stood in 
recess until approximately 6:30 p.m.

                          ____________________




                              {time}  1830
                              AFTER RECESS

  The recess having expired, the House was called to order by the 
Speaker pro tempore (Mr. Gutierrez) at 6 o'clock and 30 minutes p.m.

                          ____________________




                ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE

  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, proceedings 
will resume on motions to suspend the rules previously postponed.
  Votes will be taken in the following order:
  H.R. 4211, by the yeas and nays;
  H. Res. 866, by the yeas and nays.
  The first electronic vote will be conducted as a 15-minute vote. The 
second electronic vote will be conducted as a 5-minute vote.

                          ____________________




                 JUDGE RICHARD B. ALLSBROOK POST OFFICE

  The SPEAKER pro tempore. The unfinished business is the vote on the 
motion to suspend the rules and pass the bill, H.R. 4211, on which the 
yeas and nays were ordered.
  The Clerk read the title of the bill.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentlewoman from the District of Columbia (Ms. Norton) that the House 
suspend the rules and pass the bill, H.R. 4211.
  The vote was taken by electronic device, and there were--yeas 391, 
nays 0, not voting 39, as follows:

                             [Roll No. 19]

                               YEAS--391

     Abercrombie
     Ackerman
     Aderholt
     Akin
     Alexander
     Allen
     Altmire
     Andrews
     Arcuri
     Baca
     Bachus
     Baldwin
     Barrett (SC)
     Barrow
     Bartlett (MD)
     Barton (TX)
     Bean
     Becerra
     Berkley
     Berry
     Biggert
     Bilbray
     Bilirakis
     Bishop (GA)
     Bishop (NY)
     Bishop (UT)
     Blackburn
     Blumenauer
     Blunt
     Boehner
     Bonner
     Bono Mack
     Boozman
     Boren
     Boswell
     Boucher
     Boustany
     Boyd (FL)
     Boyda (KS)
     Brady (PA)
     Brady (TX)
     Braley (IA)
     Broun (GA)
     Brown (SC)
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Butterfield
     Buyer
     Calvert
     Camp (MI)
     Campbell (CA)
     Cannon
     Cantor
     Capito
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Carter
     Castle
     Castor
     Chabot
     Chandler
     Clarke
     Clay
     Cleaver
     Clyburn
     Coble
     Cohen
     Cole (OK)
     Conaway
     Conyers
     Cooper
     Costa
     Courtney
     Cramer
     Crenshaw
     Crowley
     Cubin
     Cuellar
     Culberson
     Cummings
     Davis (AL)
     Davis (CA)
     Davis (KY)
     Davis, David
     Davis, Lincoln
     Davis, Tom
     Deal (GA)
     DeFazio
     Delahunt
     DeLauro
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dicks
     Dingell
     Doggett
     Donnelly
     Doolittle
     Doyle
     Drake
     Dreier
     Duncan
     Edwards
     Ehlers
     Ellsworth
     Emanuel
     Emerson
     Engel
     English (PA)
     Eshoo
     Etheridge
     Everett
     Fallin
     Farr
     Fattah
     Feeney
     Ferguson
     Filner
     Flake
     Forbes
     Fortenberry
     Fossella
     Foxx
     Frank (MA)
     Franks (AZ)
     Frelinghuysen
     Garrett (NJ)
     Gerlach
     Gilchrest
     Gillibrand
     Gingrey
     Gohmert
     Gonzalez
     Goode
     Goodlatte
     Gordon
     Granger
     Graves
     Green, Al
     Gutierrez
     Hall (NY)
     Hall (TX)
     Hastings (FL)
     Hastings (WA)
     Heller
     Hensarling
     Herger
     Herseth Sandlin
     Higgins
     Hill
     Hinchey
     Hirono
     Hobson
     Hodes
     Hoekstra
     Holden
     Holt
     Honda
     Hooley
     Hoyer
     Hulshof
     Inglis (SC)
     Inslee
     Israel
     Issa
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Johnson (GA)
     Johnson, E. B.
     Johnson, Sam
     Jones (NC)
     Jones (OH)
     Jordan
     Kagen
     Kanjorski
     Kaptur
     Keller
     Kennedy
     Kildee
     Kilpatrick
     Kind
     King (IA)
     King (NY)
     Kirk
     Klein (FL)
     Kline (MN)
     Knollenberg
     Kucinich
     Kuhl (NY)
     Lamborn
     Lampson
     Langevin
     Larsen (WA)
     Larson (CT)
     Latham
     LaTourette
     Latta
     Lee
     Levin
     Lewis (CA)
     Lewis (GA)
     Lewis (KY)
     Linder
     Lipinski
     LoBiondo
     Loebsack
     Lofgren, Zoe
     Lowey
     Lungren, Daniel E.
     Lynch
     Mack
     Mahoney (FL)
     Maloney (NY)
     Manzullo
     Marchant
     Markey
     Marshall
     Matheson
     Matsui
     McCarthy (CA)
     McCarthy (NY)
     McCaul (TX)
     McCollum (MN)
     McCotter
     McCrery
     McDermott
     McGovern
     McHenry
     McHugh
     McIntyre
     McKeon
     McMorris Rodgers
     McNerney
     McNulty
     Meek (FL)
     Meeks (NY)
     Melancon
     Mica
     Michaud
     Miller (FL)
     Miller (MI)
     Miller (NC)
     Miller, George
     Mitchell
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (VA)
     Murphy (CT)
     Murphy, Patrick
     Murphy, Tim
     Murtha
     Musgrave
     Myrick
     Nadler
     Neal (MA)
     Neugebauer
     Nunes
     Oberstar
     Obey
     Olver
     Ortiz
     Pallone
     Pascrell
     Pastor
     Paul
     Payne
     Pearce
     Pence
     Perlmutter
     Peterson (MN)
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Platts
     Poe
     Pomeroy
     Porter
     Price (GA)
     Price (NC)
     Pryce (OH)
     Putnam
     Ramstad
     Rangel
     Regula
     Rehberg
     Reichert
     Renzi
     Reyes
     Reynolds
     Richardson
     Rodriguez
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Ros-Lehtinen
     Roskam
     Rothman
     Royce
     Ruppersberger
     Ryan (OH)
     Ryan (WI)
     Salazar
     Sali
     Sanchez, Linda T.
     Sarbanes
     Saxton
     Schakowsky
     Schiff
     Schmidt
     Schwartz
     Scott (GA)
     Scott (VA)
     Sensenbrenner
     Serrano
     Sessions
     Sestak
     Shadegg
     Shays
     Shea-Porter
     Shimkus
     Shuler
     Shuster
     Simpson
     Sires
     Skelton
     Slaughter
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Souder
     Space
     Spratt
     Stark
     Stearns
     Stupak
     Sullivan
     Tancredo
     Tanner
     Tauscher
     Taylor
     Terry
     Thompson (CA)
     Thompson (MS)
     Thornberry
     Tiahrt
     Tiberi
     Tierney
     Towns
     Tsongas
     Turner
     Udall (CO)
     Udall (NM)
     Upton
     Van Hollen
     Velazquez
     Visclosky
     Walberg
     Walden (OR)
     Walsh (NY)
     Walz (MN)
     Wamp
     Wasserman Schultz
     Waters
     Watson
     Waxman
     Weiner
     Welch (VT)
     Weldon (FL)
     Weller
     Westmoreland
     Wexler
     Whitfield (KY)
     Wilson (NM)
     Wilson (SC)
     Wittman (VA)
     Wolf
     Woolsey
     Wu
     Wynn
     Yarmuth
     Young (AK)
     Young (FL)

                             NOT VOTING--39

     Bachmann
     Baird
     Baker
     Berman
     Brown, Corrine
     Costello
     Davis (IL)
     DeGette
     Ellison
     Gallegly
     Giffords
     Green, Gene
     Grijalva
     Hare
     Harman
     Hayes
     Hinojosa
     Hunter
     Johnson (IL)
     Kingston
     LaHood
     Lantos
     Lucas
     Miller, Gary
     Moran (KS)
     Napolitano
     Radanovich
     Rahall
     Rohrabacher
     Ross
     Roybal-Allard
     Rush
     Sanchez, Loretta
     Sherman
     Snyder
     Solis
     Sutton
     Watt
     Wilson (OH)

                              {time}  1854

  So (two-thirds being in the affirmative) the rules were suspended and 
the bill was passed.
  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.
  Stated for:
  Mrs. NAPOLITANO. Mr. Speaker, on Tuesday, January 22, 2008, I was 
absent during rollcall vote No. 19. Had I been present, I would have 
voted ``yea'' on H.R. 4211--To designate the facility of the United 
States Postal Service located at 725 Roanoke Avenue in Roanoke Rapids, 
North Carolina, as the ``Judge Richard B. Allsbrook Post Office''.
  Ms. SOLIS. Mr. Speaker, during rollcall vote No. 19 on passing the 
Judge Richard B. Allsbrook Post Office Bill, I was unavoidably 
detained. Had I been present, I would have voted ``yea.''

                          ____________________




                 HONORING THE UNITED STATES COAST GUARD

  The SPEAKER pro tempore. The unfinished business is the vote on the 
motion to suspend the rules and agree to the resolution, H. Res. 866, 
on which the yeas and nays were ordered.
  The Clerk read the title of the resolution.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Oregon (Mr. DeFazio) that the House suspend the rules 
and agree to the resolution, H. Res. 866.
  This will be a 5-minute vote.
  The vote was taken by electronic device, and there were--yeas 391, 
nays 0, not voting 39, as follows:

                             [Roll No. 20]

                               YEAS--391

     Abercrombie
     Ackerman
     Aderholt
     Akin
     Alexander
     Allen
     Altmire
     Andrews
     Arcuri
     Baca
     Bachmann
     Bachus
     Baldwin
     Barrett (SC)
     Barrow
     Bartlett (MD)
     Barton (TX)
     Bean
     Becerra
     Berkley
     Berry
     Biggert
     Bilbray
     Bilirakis
     Bishop (GA)
     Bishop (NY)
     Bishop (UT)
     Blackburn
     Blumenauer
     Blunt
     Boehner
     Bonner
     Bono Mack
     Boozman
     Boren
     Boswell
     Boucher
     Boustany
     Boyd (FL)
     Boyda (KS)
     Brady (PA)
     Brady (TX)
     Braley (IA)
     Broun (GA)
     Brown (SC)

[[Page 438]]


     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Butterfield
     Buyer
     Calvert
     Camp (MI)
     Campbell (CA)
     Cannon
     Cantor
     Capito
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Carter
     Castle
     Castor
     Chabot
     Chandler
     Clarke
     Clay
     Cleaver
     Clyburn
     Coble
     Cohen
     Cole (OK)
     Conaway
     Conyers
     Cooper
     Costa
     Courtney
     Cramer
     Crenshaw
     Crowley
     Cubin
     Cuellar
     Culberson
     Cummings
     Davis (AL)
     Davis (CA)
     Davis (KY)
     Davis, David
     Davis, Lincoln
     Davis, Tom
     Deal (GA)
     DeFazio
     Delahunt
     DeLauro
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dicks
     Dingell
     Doggett
     Donnelly
     Doolittle
     Doyle
     Drake
     Dreier
     Duncan
     Edwards
     Ehlers
     Ellsworth
     Emanuel
     Emerson
     Engel
     English (PA)
     Eshoo
     Etheridge
     Everett
     Fallin
     Farr
     Fattah
     Feeney
     Ferguson
     Filner
     Flake
     Forbes
     Fortenberry
     Fossella
     Foxx
     Frank (MA)
     Franks (AZ)
     Frelinghuysen
     Garrett (NJ)
     Gerlach
     Gilchrest
     Gillibrand
     Gingrey
     Gohmert
     Gonzalez
     Goode
     Goodlatte
     Gordon
     Granger
     Graves
     Green, Al
     Gutierrez
     Hall (NY)
     Hall (TX)
     Hastings (FL)
     Hastings (WA)
     Heller
     Hensarling
     Herger
     Herseth Sandlin
     Higgins
     Hill
     Hinchey
     Hirono
     Hobson
     Hodes
     Hoekstra
     Holt
     Honda
     Hooley
     Hoyer
     Hulshof
     Inglis (SC)
     Inslee
     Israel
     Issa
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Johnson (GA)
     Johnson, E. B.
     Johnson, Sam
     Jones (NC)
     Jones (OH)
     Jordan
     Kagen
     Kanjorski
     Kaptur
     Keller
     Kennedy
     Kildee
     Kilpatrick
     Kind
     King (IA)
     King (NY)
     Kirk
     Klein (FL)
     Kline (MN)
     Knollenberg
     Kucinich
     Kuhl (NY)
     Lamborn
     Lampson
     Langevin
     Larsen (WA)
     Larson (CT)
     Latham
     LaTourette
     Latta
     Lee
     Levin
     Lewis (CA)
     Lewis (GA)
     Lewis (KY)
     Linder
     Lipinski
     LoBiondo
     Loebsack
     Lofgren, Zoe
     Lowey
     Lungren, Daniel E.
     Lynch
     Mack
     Mahoney (FL)
     Maloney (NY)
     Manzullo
     Marchant
     Markey
     Marshall
     Matheson
     Matsui
     McCarthy (CA)
     McCarthy (NY)
     McCaul (TX)
     McCollum (MN)
     McCotter
     McCrery
     McDermott
     McGovern
     McHenry
     McHugh
     McIntyre
     McKeon
     McMorris Rodgers
     McNerney
     McNulty
     Meek (FL)
     Meeks (NY)
     Melancon
     Mica
     Michaud
     Miller (FL)
     Miller (MI)
     Miller (NC)
     Miller, George
     Mitchell
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (VA)
     Murphy (CT)
     Murphy, Patrick
     Murphy, Tim
     Murtha
     Musgrave
     Myrick
     Nadler
     Neal (MA)
     Neugebauer
     Nunes
     Oberstar
     Obey
     Olver
     Ortiz
     Pallone
     Pascrell
     Pastor
     Paul
     Payne
     Pearce
     Pence
     Perlmutter
     Peterson (MN)
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Platts
     Poe
     Pomeroy
     Porter
     Price (GA)
     Price (NC)
     Pryce (OH)
     Putnam
     Ramstad
     Rangel
     Regula
     Rehberg
     Reichert
     Renzi
     Reyes
     Reynolds
     Richardson
     Rodriguez
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Ros-Lehtinen
     Roskam
     Rothman
     Royce
     Ruppersberger
     Ryan (OH)
     Ryan (WI)
     Salazar
     Sali
     Sanchez, Linda T.
     Sarbanes
     Saxton
     Schakowsky
     Schiff
     Schmidt
     Schwartz
     Scott (GA)
     Scott (VA)
     Sensenbrenner
     Serrano
     Sessions
     Sestak
     Shadegg
     Shays
     Shea-Porter
     Shimkus
     Shuler
     Shuster
     Simpson
     Sires
     Skelton
     Slaughter
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Souder
     Space
     Spratt
     Stark
     Stearns
     Stupak
     Sullivan
     Tancredo
     Tanner
     Tauscher
     Taylor
     Terry
     Thompson (CA)
     Thompson (MS)
     Thornberry
     Tiahrt
     Tiberi
     Tierney
     Towns
     Tsongas
     Turner
     Udall (CO)
     Udall (NM)
     Upton
     Van Hollen
     Velazquez
     Visclosky
     Walberg
     Walden (OR)
     Walsh (NY)
     Walz (MN)
     Wamp
     Wasserman Schultz
     Waters
     Watson
     Waxman
     Weiner
     Welch (VT)
     Weldon (FL)
     Weller
     Westmoreland
     Wexler
     Whitfield (KY)
     Wilson (NM)
     Wilson (SC)
     Wittman (VA)
     Wolf
     Woolsey
     Wu
     Wynn
     Yarmuth
     Young (AK)
     Young (FL)

                             NOT VOTING--39

     Baird
     Baker
     Berman
     Brown, Corrine
     Costello
     Davis (IL)
     DeGette
     Ellison
     Gallegly
     Giffords
     Green, Gene
     Grijalva
     Hare
     Harman
     Hayes
     Hinojosa
     Holden
     Hunter
     Johnson (IL)
     Kingston
     LaHood
     Lantos
     Lucas
     Miller, Gary
     Moran (KS)
     Napolitano
     Radanovich
     Rahall
     Rohrabacher
     Ross
     Roybal-Allard
     Rush
     Sanchez, Loretta
     Sherman
     Snyder
     Solis
     Sutton
     Watt
     Wilson (OH)


                Announcement by the Speaker Pro Tempore

  The SPEAKER pro tempore (during the vote). Members are advised there 
are 2 minutes remaining in this vote.

                              {time}  1906

  So (two-thirds being in the affirmative) the rules were suspended and 
the resolution was agreed to.
  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.
  Stated for:
  Mrs. NAPOLITANO. Mr. Speaker, on Tuesday, January 22, 2008, I was 
absent during rollcall vote No. 20. Had I been present, I would have 
voted ``yea'' on H. Res. 866--Honoring the brave men and women of the 
United States Coast Guard whose tireless work, dedication, and 
commitment to protecting the United States have led to the Coast Guard 
seizing over 350,000 pounds of cocaine at sea during 2007, far 
surpassing all of our previous records.
  Ms. SOLIS. Mr. Speaker, during rollcall vote No. 20 on agreeing to 
honor the Coast Guard's drug interdiction effort, I was unavoidably 
detained. Had I been present, I would have voted ``yea.''

                          ____________________




  APPOINTMENT OF MEMBER TO PERMANENT SELECT COMMITTEE ON INTELLIGENCE

  The SPEAKER pro tempore. Pursuant to clause 11 of rule X, clause 11 
of rule I, and the order of the House of January 4, 2007, the Chair 
announces the Speaker's appointment of the following Member of the 
House to the Permanent Select Committee on Intelligence to fill the 
existing vacancy thereon:
  Mr. Schiff, California

                          ____________________




                        MESSAGE FROM THE SENATE

  A message from the Senate by Ms. Curtis, one of its clerks, announced 
that the Senate had passed without amendment a bill and a concurrent 
resolution of the House of the following titles.

       H.R. 4986. An act to provide for the enactment of the 
     National Defense Authorization Act for Fiscal year 2008, as 
     previously enrolled, with certain modifications to address 
     the foreign sovereign immunities provisions of title 28, 
     United States Code, with respect to the attachment of 
     property in certain judgments against Iraq, the lapse of 
     statutory authorities for the payment of bonuses, special 
     pays, and similar benefits for members of the uniformed 
     services, and for other purposes.
        H. Con. Res. 279. Concurrent resolution providing for a 
     conditional adjournment of the House of Representatives.

                          ____________________




                       MESSAGE FROM THE PRESIDENT

  A message in writing from the President of the United States was 
communicated to the House by Mr. Edwin Thomas, one of his secretaries.

                          ____________________




                           TAX REBATE RELIEF

  (Mr. BISHOP of New York asked and was given permission to address the 
House for 1 minute.)
  Mr. BISHOP of New York. Mr. Speaker, it is all too rare when we in 
the majority and the President arrive at a consensus. So it's welcome 
news that we agree on relief Americans need in today's economy should 
come in the form of a stimulus bill. Targeted tax breaks and short-term 
measures to help the middle class can salvage our economy from 
plummeting home values, savings and market conditions.
  We should insist upon including expanded unemployment benefits and 
food stamps, in addition to tax rebates. These benefits will be spent 
immediately by those who need our help most in this economy.
  In fact, for every dollar spent by the government on food stamps, 
there is a $1.60 return to the economy; and for every dollar spent on 
unemployment benefits, the return is $1.90.
  The tax rebate should be targeted to the middle class and include 
those low-income workers who didn't earn enough to pay income taxes but 
still pay into Medicare and Social Security through payroll taxes 
withheld from their paychecks.
  This is the prescription middle-class Americans need to cure the ills 
of today's economy. Mr. Speaker, I strongly encourage my colleagues to 
do their part to help us towards that end.

                          ____________________




                         TRIBUTE TO HRANT DINK

  (Mr. ROYCE asked and was given permission to address the House for 1 
minute.)
  Mr. ROYCE. Mr. Speaker, I am rising today to recognize the 1-year 
anniversary of the brutal murder of Hrant

[[Page 439]]

Dink, the newspaper editor and leading figure in the Armenian genocide 
debate in Turkey.
  On January 19, 2007, freedom of speech suffered a setback as Dink was 
shot outside his office in Istanbul. As a Turkish citizen of Armenian 
descent, Dink had gained notoriety in Turkish society for the court 
cases brought against him in which he faced jail time for simply 
talking of the Armenian genocide.
  While many will give speeches to remember Hrant Dink, the most 
meaningful tribute would be a rescinding of article 301 of the Turkish 
penal code that outlaws ``insults to Turkishness.''
  Under this law, journalists like Dink and Nobel Laureate Orhan Pamuk 
continue to be persecuted by draconian laws that seek to stifle debate 
or discussion on matters that could be seen as insulting to Turkish 
identity. It is my sincere hope that the Turkish government will use 
this occasion to reflect upon this restrictive article and rescind it 
before it does more harm.

                          ____________________




           UNIVERSITY OF MEMPHIS AND THEIR NUMBER ONE RANKING

  (Mr. COHEN asked and was given permission to address the House for 1 
minute.)
  Mr. COHEN. Mr. Speaker, 25 years ago, I was a freshman member of the 
Tennessee State Senate, and on that occasion, the University of Memphis 
now, then Memphis State University, became number one in the country in 
basketball. It was the first time that we had ever had a number one 
ranking, and I got up on the floor of the Tennessee Senate and spoke 
proudly about my basketball team and their number one ranking. That 
night, my Tigers lost, and they were no longer number one.
  Well, today, 25 years later and a freshman Member in the United 
States House of Representatives, the University of Memphis is again the 
number one basketball team in the country. Should I talk about them? 
Not.

                          ____________________




           IN RECOGNITION OF MONGOLIAN AMBASSADOR RAVDAN BOLD

  (Mr. WILSON of South Carolina asked and was given permission to 
address the House for 1 minute and to revise and extend his remarks.)
  Mr. WILSON of South Carolina. Mr. Speaker, I rise today to recognize 
the service of Ravdan Bold, Ambassador of Mongolia to the United 
States. Ambassador Bold is retiring as Mongolia's emissary to the 
United States, and I want to thank him for his service on behalf of the 
Mongolian people.
  As a member of the House Foreign Affairs Committee and co-chair of 
the Mongolia Caucus, I've had the pleasure of getting to know 
Ambassador Bold over the past few years. During his tenure, America 
celebrated the 20th anniversary of diplomatic relations between our 
countries. He is an honest and capable public servant whose work here 
in Washington has been vital to the growth of democracy in Mongolia.
  Mongolia remains a strong and strategic partner of the United States. 
Mongolian troops proudly serve in Liberia, Afghanistan, Kosovo and 
Iraq. I'm particularly grateful for Mongolia's continued support of our 
efforts in Iraq and Afghanistan as the central front in the larger 
global war on terrorism, and I look forward to working with the future 
ambassador to strengthen this partnership.
  I wish Ambassador Bold; his wife, Oyuum; his two daughters, 
Buyandelger and Buyanjargal, all the best in the years to come.
  In conclusion, God bless our troops and we will never forget 
September the 11th.

                          ____________________




  ECONOMIC STIMULUS NEEDS TO INCLUDE A MORATORIUM ON HOME FORECLOSURES

  (Ms. JACKSON-LEE of Texas asked and was given permission to address 
the House for 1 minute and to revise and extend her remarks.)
  Ms. JACKSON-LEE of Texas. Mr. Speaker, I was here on the floor last 
week reminding my colleagues as my intention is to continue to 
emphasize those who have been hurt by the economic recession, the 
downtrend in our financial markets, that they are, in fact, real 
people. So, in the course of visiting my district and around the 
country, we have met individuals who are suffering.
  Today, I met an Iraqi veteran whose parents have built their home 
brick by brick, and now they find that their homestead, these senior 
citizens, their son in Iraq, is having their house foreclosed on.
  I met an elderly woman, a widow, whose husband was deceased 7 years 
ago. She's trying to pay the costliness of the heating oil and now is 
being called by her bank that her home, because of her delinquent 
payments, will be foreclosed on.
  It is imperative I believe that an economic stimulus package include 
a moratorium on foreclosures in order to ensure that those individuals 
can reconstruct their loans. Mr. Speaker, it is imperative it is a 
stimulus to help people keep their homes.

                          ____________________




                              {time}  1915
AGREEMENT FOR COOPERATION BETWEEN THE UNITED STATES OF AMERICA AND THE 
REPUBLIC OF TURKEY CONCERNING PEACEFUL USES OF NUCLEAR ENERGY--MESSAGE 
      FROM THE PRESIDENT OF THE UNITED STATES (H. DOC. NO. 110-90)

  The SPEAKER pro tempore laid before the House the following message 
from the President of the United States; which was read and, together 
with the accompanying papers, without objection, referred to the 
Committee on Foreign Affairs and ordered to be printed:

To the Congress of the United States:
  I transmit to the Congress, pursuant to sections 123 b. and 123 d. of 
the Atomic Energy Act of 1954, as amended (42 U.S.C. 2153(b), (d)) (the 
``Act''), the text of the proposed Agreement for Cooperation between 
the United States of America and the Republic of Turkey Concerning 
Peaceful Uses of Nuclear Energy (the ``Agreement'') together with a 
copy of the unclassified Nuclear Proliferation Assessment Statement 
(NPAS) and of my approval of the proposed Agreement and determination 
that the proposed Agreement will promote, and will not constitute an 
unreasonable risk to, the common defense and security. The Secretary of 
State will submit the classified NPAS and accompanying annexes 
separately in appropriate secure channels.
  The Agreement was signed on July 26, 2000, and President Clinton 
approved and authorized execution and made the determinations required 
by section 123 b. of the Act (Presidential Determination 2000-26, 65 FR 
44403 (July 18, 2000)). However, immediately after signature, U.S. 
agencies received information that called into question the conclusions 
that had been drawn in the required NPAS and the original classified 
annex, specifically, information implicating Turkish private entities 
in certain activities directly relating to nuclear proliferation. 
Consequently, the Agreement was not submitted to the Congress and the 
executive branch undertook a review of the NPAS evaluation.
  My Administration has completed the NPAS review as well as an 
evaluation of actions taken by the Turkish government to address the 
proliferation activities of certain Turkish entities (once officials of 
the U.S. Government brought them to the Turkish government's 
attention). The Secretary of State, the Secretary of Energy, and the 
members of the Nuclear Regulatory Commission are confident that the 
pertinent issues have been sufficiently resolved and that there is a 
sufficient basis (as set forth in the classified annexes, which will be 
transmitted separately by the Secretary of State) to proceed with 
congressional review of

[[Page 440]]

the Agreement and, if legislation is not enacted to disapprove it, to 
bring the Agreement into force.
  In my judgment, entry into force of the Agreement will serve as a 
strong incentive for Turkey to continue its support for 
nonproliferation objectives and enact future sound nonproliferation 
policies and practices. It will also promote closer political and 
economic ties with a NATO ally, and provide the necessary legal 
framework for U.S. industry to make nuclear exports to Turkey's planned 
civil nuclear sector.
  This transmittal shall constitute a submittal for purposes of both 
section 123 b. and 123 d. of the Act. My Administration is prepared to 
begin immediate consultations with the Senate Foreign Relations 
Committee and the House Foreign Affairs Committee as provided in 
section 123 b. Upon completion of the period of 30 days of continuous 
session provided for in section 123 b., the period of 60 days of 
continuous session provided for in section 123 d. shall commence.
                                                      George W. Bush.  
The White House, January 22, 2008.

                          ____________________




                             SPECIAL ORDERS

  The SPEAKER pro tempore. Under the Speaker's announced policy of 
January 18, 2007, and under a previous order of the House, the 
following Members will be recognized for 5 minutes each.

                          ____________________




                    COMMUNIST CHINA'S TOXIC EXPORTS

  The SPEAKER pro tempore. Under a previous order of the House, the 
gentleman from Texas (Mr. Poe) is recognized for 5 minutes.
  Mr. POE. Mr. Speaker, what do toys, pet food, jewelry, toothpaste, 
lipstick, and glazed pottery have in common? Well, if these products 
are from China, it's toxic chemical poisoning.
  In 2007, millions of toys were imported to the United States from the 
People's Republic of China, and then they were recalled after it was 
discovered that they contained high amounts of lead paint. Mr. Speaker, 
one of those was Thomas the Tank Engine, and here is a photograph of 
it. It was one of many of the millions of toys recalled; 1.5 million of 
these toys were recalled because they were made in China and had lead 
in them, in the paint that covered these toys.
  Of course, everyone knows that lead poisoning can cause serious 
problems for children, including learning disabilities, kidney failure, 
irreversible brain damage, and anemia. Here in the United States, the 
leading cause of lead poisoning in children used to be old paint, but 
U.S. manufacturers stopped using this toxic ingredient over 30 years 
ago. But despite this ban on U.S. manufacturers, China consistently 
failed to maintain the same level of concern over the health and safety 
of consumers in the United States that it sells products to.
  In 2006, the United States imported billions of dollars worth of 
toys, dolls, and games from China. That was approximately 85 percent of 
the United States' total imports of these products worldwide. And yet, 
between January and December of last year, the Consumer Product Safety 
Commission recalled 17 million Chinese toys, all due to excessive 
amounts of lead. Another 10 million Chinese toys were recalled last 
year due to other dangerous manufacturing defects like loose magnets, 
toxic chemicals on beads, and items that are burn hazards.
  Also, Mr. Speaker, during that same period, the FDA recalled 150 pet 
brand foods from China which were believed to cause the deaths of 
hundreds of pets in the United States; it seems they contained 
fertilizer. So, Chinese products contain lead in their exported toys 
for tots to Americans and contain fertilizer in pet foods that kill our 
dogs. But that's not all, however. The FDA has also recalled tires, 
lunch boxes, toothpaste that had antifreeze in it, and fake drugs due 
to consumer safety and health concerns. This is all from products from 
China. And in all, Mr. Speaker, 80 percent of the recalls issued by the 
Consumer Product Safety Commission last year involved Chinese products. 
This kind of disregard for the well-being of America's consumers is not 
acceptable and should not be tolerated by our government.
  American companies buy these products because they're cheap. You see, 
a person in China gets paid about 67 cents an hour. Even illegals in 
this country won't work for that. And since the 1980s, China has been 
privileged to receive most-favored-nation treatment from the United 
States.
  China is the second largest U.S. trading partner, but most of the 
billion dollars in trade goes to China. It's a one-way street. It's a 
free-trade street for China, and it's all for cheap, dangerous products 
made with cheap, sweatshop labor in China.
  As the second largest U.S. trading partner, China must conform to the 
standards of safety that are required of American companies for the 
well-being of Americans. Even better, why don't American companies buy 
goods that are manufactured in the United States?
  And lastly, Mr. Speaker, Chinese manufacturing companies are 
notorious polluters of their own environment.
  It's time for a day of reckoning with cheap, dangerous communist 
Chinese products. We hear talk of free trade, but what we need is fair 
trade with China, something that's fair to American consumers. 
Americans should look to see if the products they buy are made in 
China. If so, they should ignore those products and look for an item 
made in the United States. What a novel idea.
  And that's just the way it is.

                          ____________________




                    REDEPLOY OUR TROOPS OUT OF IRAQ

  The SPEAKER pro tempore. Under a previous order of the House, the 
gentlewoman from California (Ms. Woolsey) is recognized for 5 minutes.
  Ms. WOOLSEY. Mr. Speaker, this Thursday night, I will join many of my 
constituents at the 26th Annual Martin Luther King, Jr. Humanitarian 
Awards hosted by the Marin County Human Rights Commission in San 
Rafael, California.
  Ten of my constituents, including four high school seniors, will 
receive awards for the many, many contributions they have made to our 
community, and I would like to name a few of them. Two doctors, Paul 
Cohen and Alicia Suski, will be honored for developing a partnership to 
provide medical and legal services to low-income residents. An 
educator, Whitney Hoyt, will be honored for protecting the rights of 
gay students. A high school senior, Joanna Sitzmann, will be recognized 
for her work with a therapeutic horseback riding program for people 
with disabilities. Another student, Morgan Green, will be cited for 
helping to raise money for the victims of the crisis in Darfur. And 
another high school senior, Allison Franklin, will be honored for 
working with disadvantaged youngsters, including those participating in 
the Marin Special Olympics.
  I am really proud of these wonderful constituents, constituents who 
are serving others. I know there are millions of other Americans just 
like them, and they can be found in every single congressional 
district. They represent the true face of America, the America that has 
compassion for the people of the world, who want the world to be a 
better place for all of us.
  But today, the world has a very different picture of America, Mr. 
Speaker. The people of the world see us through the lens of the 
occupation of Iraq, Abu Ghraib, and Guantanamo. They hear about 
torture, waterboarding, and the reckless activities of the Blackwater 
military contracts.
  In addition to the very real human rights issues that these problems 
raise, they have made it much harder for us to win the public relations 
battle against the terrorists. And in the long run, that public 
relations battle, along with other elements of so-called ``soft 
power,'' are just as important, if not more important, than any 
military battle that we will fight in Iraq.
  Even Secretary of Defense Robert Gates has recognized this. In a 
speech he gave 2 months ago, Secretary Gates said, and I quote, ``One 
of the more important lessons of the wars in Iraq and

[[Page 441]]

Afghanistan is that military success is not sufficient to win. Economic 
development, institution building, and rule of law, promoting internal 
reconciliation, good governance, providing basic services to the 
people, and strategic communications are essential ingredients for 
long-term success.'' He also called for an increase in spending on the 
soft power components of national security. These include diplomacy, 
foreign assistance, and economic reconstruction and development.
  I agree with Secretary Gates about all of this, but this appears to 
be one more example of our leaders not backing up their words with 
actions. This administration has relied solely upon military power to 
achieve its objectives. It hasn't believed in diplomacy in the first 
place, or of the other elements of soft power.
  Our leaders think they can bomb and shoot their way to a more 
democratic and peaceful world, and they've been proven wrong over and 
over again. In their latest testimony before the House, our generals 
have told us that our occupation of Iraq may last until the year 2020. 
And even Secretary Gates has undermined his own lofty rhetoric about 
diplomacy by saying that a 50-year occupation would be just fine with 
him.
  The only way to restore our moral leadership and our ability to 
influence events is to responsibly redeploy our troops out of Iraq. 
That would allow the regional and international diplomacy needed to end 
the conflict to begin. It is up to Congress to use its power of the 
purse to make this happen. The administration will never do it. Our 
leaders offer us high-minded speeches about the rule of law and 
diplomacy, but all they give us are bloodshed and occupation. And Mr. 
Speaker, it must stop.

                          ____________________




                       INCREASED BORDER SECURITY

  The SPEAKER pro tempore. Under a previous order of the House, the 
gentleman from North Carolina (Mr. Jones) is recognized for 5 minutes.
  Mr. JONES of North Carolina. Mr. Speaker, over the weekend, a tragic 
incident took place along our Nation's southern border. On January 20, 
2008, Border Patrol Agent Luis Aguilar was attempting to disable the 
vehicles of two suspected smugglers who entered this country illegally 
at the Southern California border. Agent Aguilar was struck and killed 
by one of the vehicles as it fled back to Mexico.
  The tragic death of this border agent highlights the need for our 
government to get serious about defending our borders. As a key step in 
addressing this need, I recently introduced H.R. 4987, Defense By Date 
Certain Act. This legislation would mandate and fully fund the 
completion of a double-layered fence at designated locations on our 
southern border by June 30, 2009.

                              {time}  1930

  The fence alone cannot solve the illegal immigration crises, but it 
is an important step in securing our borders and regaining control of 
our Nation's sovereignty. The chaos and violence along our southern 
border is putting the lives of U.S. citizens and law enforcement 
officers at risk. Our Nation can no longer allow smugglers to cross our 
borders illegally, ignore our laws, carry guns, intimidate, and even 
murder our border agents.
  Mr. Speaker, as Members of the House are well aware, two other 
victims of violence on our southern border have now served more than a 
year in Federal prison. Agents Ramos and Compean entered Federal prison 
on January 17, 2007, and are serving 11- and 12-year prison sentences. 
These agents were convicted in March of 2006 for shooting a Mexican 
drug smuggler who brought 743 pounds of marijuana across our border 
into Texas. Ramos and Compean were doing their duty to protect the 
American people from an illegal alien drug smuggler.
  There is bipartisan agreement among Members of Congress that the 
overzealous prosecution of these agents, and their excessive prison 
sentences, is a tremendous miscarriage of justice. While our calls for 
a pardon have gone unanswered, these agents continue to languish in 
Federal prison away from their families and loved ones.
  Again I call on Chairman John Conyers to schedule a hearing of the 
House Judiciary Committee to fully examine this case. I am hopeful that 
the committee will review the justification for the indictment of these 
agents, which I sincerely believe have no justification, and how this 
U.S. Attorney's Office proceeded in this case.
  Mr. Speaker, when those who bravely defend our borders are 
prosecuted, it sends a terrible message to illegal aliens and drug 
smugglers. Our southern borders are threatened, and it is time for our 
government to start defending its citizens from these who will cross 
our borders illegally and threaten the American people.

                          ____________________




MORPHING CAMPAIGN FINANCE, GOVERNANCE, AND PERSONAL AGGRANDIZEMENT IN A 
                              TANGLED WEB

  The SPEAKER pro tempore. Under a previous order of the House, the 
gentlewoman from Ohio (Ms. Kaptur) is recognized for 5 minutes.
  Ms. KAPTUR. Mr. Speaker, while the U.S. economy retrenches, the front 
page of the Wall Street Journal today reports that former President 
Bill Clinton could ``get a $20 million payout from a politically 
sensitive partnership tie to Dubai in the United Arab Emirates, made 
possible by his high profile business relationship with the investment 
firm of billionaire friend Ron Burkle.
  The last time I looked, Dubai is not part of the United States and it 
is not a democracy.
  As I read this article by John Emshwiller, I thought to myself, has 
any President in modern history, but for Jimmy Carter, not used the 
White House to cash in upon retirement? Further, has any modern 
President not used their White House connections to build themselves 
pyramid monuments upon leaving office in the form of presidential 
libraries where they milk their presidential contacts for millions and 
millions of dollars? How sad is it that former President George Bush 
and former President Bill Clinton took huge sums of money from foreign 
interests like Saudi Arabia to build their presidential libraries? 
Contrast this to our Nation's Founders, who pledged their lives, their 
fortunes, and their sacred honors to the cause of freedom. Now it 
appears all is for sale.
  Today's story is but another example of where our Nation's highest 
elected officials are morphing campaign finance, governance, and their 
own personal aggrandizement in a tangled web. It raises to the highest 
levels the issue of influence peddling and what was done during those 
White House years to yield such super human rewards.
  I lament the condition in which we find our national politics. Until 
the American people hear and understand what is happening, nothing will 
change. It will only worsen. Look at the disgraceful sums of money 
being raised by presidential candidates in both political parties and, 
of course, waiting in the wings the latest batch of billionaire 
contenders who are just ready to put their oars in the water too.
  One of America's greatest President's was John Quincy Adams. After 
John Quincy Adams left the presidency, he did not immediately head out 
onto the lecture circuit. He did not sell his services to a rich 
foreign power. He did not set out to enrich himself on the fame that he 
had acquired by virtue of his service to the Nation. No, it was a 
different day and time. John Quincy Adams, after leaving the 
presidency, came back to Washington as a Member of this U.S. House of 
Representatives. To this day, he is the only President who did. He 
finished his life here, dying on the second floor of this Capitol. John 
Quincy Adams, instead of lining his own pockets, started his vaunted 
``second political career'' by fighting against slave power. He made it 
the cause of his lifetime.
  Just as money power dominates the national political preoccupation 
today, so slave power dominated political life in the United States in 
the first half of the 19th century. It was as deeply entrenched as the 
neoliberal model of international trade is today.
  When Adams was President, Members from the Deep South had enacted a

[[Page 442]]

``gag rule'' here in the People's House so that anti-slavery petitions 
would be summarily rejected, as if this parliamentary maneuvering could 
stop the discussion about slavery and the slow march to justice.
  Professor William Lee Miller has written about John Quincy Adams's 
commitment to fighting slave power here in Congress, a battle that some 
historians have described as the ``Pearl Harbor of the slave 
controversy.'' John Quincy Adams refused to give up the fight until at 
last the Nation had heard the message of the petitioners: That slavery 
was inimical to the American ideal, an assault on the Constitution, and 
a stain on the Nation's conscience.
  America must cleanse our political system today of the stains that 
even Presidents of the United States create as they enrich themselves. 
The Wall Street Journal article describes how Mr. Clinton is a partner 
of the Yucaipa Global Partnership Fund, which raised several hundred 
billion dollars from a range of investors. Who were these investors? 
How did any of them relate to the policies of the Clinton 
administration? These private funds do not have to disclose their 
activities as a normal business; so how do the American people know?
  The director of this fund is Mr. Ron Burkle, a major fundraiser and 
backer of the Clintons. To mix fundraising, undisclosed business 
interests, and the presidency is a combustible mix. The American people 
have a right to know.
  The article goes on to relate how Rudy Giuliani's consulting firm has 
interests in the government of Qatar. What are those interests? And how 
does he seek to personally benefit if elected President?
  Mr. Speaker, the American people want Washington to clean up its act. 
As the presidential races proceed this year, isn't it high time that 
the campaign finance reform question be a top one in all the debates? 
John Quincy Adams would not recognize the Republic as it stands today.

                          ____________________




                    VACATING 5-MINUTE SPECIAL ORDER

  The SPEAKER pro tempore. Without objection, permission for a 5-minute 
Special Order speech for the gentleman from Arizona (Mr. Franks) is 
vacated.
  There was no objection.

                          ____________________




                          HONORING HRANT DINK

  The SPEAKER pro tempore. Under a previous order of the House, the 
gentleman from New Jersey (Mr. Pallone) is recognized for 5 minutes.
  Mr. PALLONE. Mr. Speaker, I rise to honor the life of Turkish 
Armenian journalist Hrant Dink. One year ago, Hrant Dink was brutally 
gunned down outside his office in Istanbul, Turkey by a self-proclaimed 
Turkish nationalist. The world lost a great human rights advocate and 
his tragic death was an attack on democratic ideals and values.
  Dink was first charged with treason for upholding an irrefutable 
historical fact about the Armenian Genocide. He was convicted for his 
writings in 2005 for violating article 301, a law that makes it a crime 
to ``insult'' the Turkish state. This law continues today to be used to 
persecute, prosecute, and incarcerate those who attempt to exercise 
their universal human right of freedom of speech.
  Mr. Speaker, Turkey uses intimidation to deny its citizens their 
right to freedom of expression. It lobbies for its so-called rightful 
role in the international community and a place in the European Union. 
Yet it does not live up to democratic principles and standards.
  Hrant Dink is not the only one who has suffered from the consequences 
of this Turkish penal law. Anyone who refers to the events of 1915 for 
what they were, genocide, is targeted within Turkey. In addition, our 
own country is seeing the effects of this denial as Turkey continues to 
oppose human rights legislation condemning the Armenian Genocide here 
in this House.
  Mr. Speaker, I remain deeply concerned with Turkey's failure to adopt 
standards and practices of both domestic and international conduct that 
would reverse and overturn the climate of intolerance, prejudice, and 
repression, as exemplified by article 301 of the Turkish penal code. It 
was this penal code that precipitated Mr. Dink's murder.
  Hrant Dink was guilty of nothing more than having the courage to 
defend freedom of the press and promote human rights and tolerance in 
Turkey. He was a man of conviction and principle who believed in 
democratic ideals and peaceful change. I urge Turkey to honor his name 
and repeal article 301.

                          ____________________




                          SCHIP VETO OVERRIDE

  The SPEAKER pro tempore. Under a previous order of the House, the 
gentlewoman from New York (Mrs. Maloney) is recognized for 5 minutes.
  Mrs. MALONEY of New York. Mr. Speaker, a new report by the Joint 
Economic Committee shows that a million more children a year may need 
public health insurance due to worsening economic conditions, even 
apart from the growing trend in public coverage.
  If history is any guide, an economic downturn will lead to 
substantial increases in the demand for children's health and Medicaid, 
including some 70,000 additional children in each year of a downturn in 
my home State of New York.
  Yet the administration is proposing a range of cutbacks to these 
programs that will make the problem even more severe. And State budgets 
are already strained by the weak national economy and the growing 
housing crisis.
  This is a perfect economic storm that can be avoided if Congress 
votes today or tomorrow to override the President's veto of legislation 
that would bring health care to 10 million children in need.
  Over the next 5 years, our bill would preserve coverage for the more 
than 6 million children currently covered by children's health care and 
extend coverage to nearly 4 million children who are currently 
uninsured. Overriding the President's veto of SCHIP reauthorization 
would guarantee sufficient funding levels for the Children's Health 
Program to serve future enrollment needs. Additional Medicaid 
assistance to the States would also provide shelter from the coming 
economic storm. Increasing the Federal Medicaid match percentage to the 
States as part of a stimulus package would help ease the blow of the 
economic slowdown on our children, families, and States.
  I urge my colleagues to override the President's veto of children's 
health care tomorrow.

                          ____________________




                              ROE v. WADE

  The SPEAKER pro tempore. Under the Speaker's announced policy of 
January 18, 2007, the gentleman from Arizona (Mr. Franks) is recognized 
for 60 minutes as the designee of the minority leader.
  Mr. FRANKS of Arizona. Mr. Speaker, this is the 35th anniversary of 
Roe versus Wade, and tonight I would like to recognize Congressman 
Chris Smith, who has been a committed champion to protect the unborn 
for as long as he has remained a Member of this body. So I yield now to 
Congressman Smith.
  Mr. SMITH of New Jersey. Mr. Speaker, today, 35 years after the 
infamous Supreme Court decisions legalizing abortion on demand 
throughout pregnancy, we mourn the estimated 50 million innocent girls 
and boys whose lives were cut off by abortion, a staggering loss of 
children's lives, equal to six times the total number of all people, 
young and old, living in my home State of New Jersey.
  Someday, Mr. Speaker, future generations of Americans will look back 
on us and wonder how and why such a rich and seemingly enlightened 
society, so blessed and endowed with the capacity to protect and 
enhance vulnerable human life, could have instead so aggressively 
promoted death to children and the exploitation of women by abortion. 
They will note with keen sadness that some of our most prominent 
politicians and media icons often spoke of human and civil rights, 
while precluding virtually all protection to the most persecuted 
minority in the world today: unborn children.
  On Sunday, Senator Barak Obama criticized Americans for both our

[[Page 443]]

moral deficit and what he called our ``empathy deficit'' and called 
upon us to be our brothers' and sisters' keepers.

                              {time}  1945

  Can Senator Obama not see, appreciate or understand that the abortion 
culture that he and others so assiduously promote lacks all empathy for 
unborn children, be they black, white, Latino or Asian, and is at best 
profoundly misguided when it comes to their mothers? Why does 
dismembering a child with sharp knives, pulverizing a child with 
powerful suction devices more powerful than 20 to 30 times the average 
cleaning machine, vacuum machine, or chemically poisoning a baby with 
any number of toxic chemicals fail to elicit so much as a scintilla of 
empathy, moral outrage, mercy or compassion by America's liberal elite?
  Abortion destroys the very life of our ``brothers and sisters,'' and 
the proabortion movement is the quintessential example of an ``empathy 
deficit.''
  Mr. Speaker, we need to be blunt. Abortion is violence against 
children. It is extreme child abuse. To strip away the euphemism, it is 
cruelty to children. Sadly, abortion is not only legal until birth, but 
the daily perpetrators of this terrible injustice are massively 
subsidized by liberal politicians who enrich the abortion industry with 
taxpayer funds.
  In 2008, the largest abortion provider in the Nation, Planned 
Parenthood, continued to receive huge amounts of taxpayer funds. Some 
time ago on the floor, Mr. Speaker, I asked Americans, I asked my 
colleagues, and suggested it was time to take a second look at Planned 
Parenthood, ``Child Abuse, Incorporated.'' Every year they abort over 
265,000 children in their clinics, a huge and staggering, stunning 
number of child deaths. And yet they get massive amounts of Federal 
funds and local funds.
  Mr. Speaker, there are at least two victims in every abortion. It is 
time to recognize and accept the inconvenient truth that abortion 
exploits women.
  Dr. Alveda King, niece of the late Dr. Martin Luther King, has had 
two abortions. Today she has joined the growing coalition of women who 
deeply regret their abortions and are part of a group called Silent No 
More. Out of deep personal pain and compassion for others, they 
challenge us to respect, protect and tangibly love both mother and the 
child. The women of Silent No More give post-abortive women a safe 
place to grieve and a road map to reconciliation. And to society at 
large, these brave women compel us to rethink and reassess the chief 
sophistry of the abortion culture. Reflecting on their famous uncle's 
speech, the ``I Have a Dream'' speech, Dr. Alveda King asks us, ``How 
can the `Dream' survive if we murder the children?''
  Finally, 35 years after Roe, the pro-life ranks today have swelled 
with abortion survivors, women who tell their stories with great 
bravery and candor. I remember hearing a woman right outside of the 
Supreme Court who, while she was actually getting the abortion, said to 
the doctor, she was only partially sedated, said, ``It is trying to 
move.'' She said she wanted to get up off of that table and run out the 
door, and the nurses practically screamed at her and said, ``It is too 
late. The abortion is already underway.'' So many others who have 
actually seen the child after being aborted, very often they whisk the 
baby away so that there is no contact made, who then tell the story of 
the nightmares. Again, the Silent No More campaign helps these women 
reconnect and find reconciliation and hope for their shattered lives.
  Today, at the March for Life, the ranks of the pro-life movement was 
filled with young people. I have gone to that march each year for 35 
years. I have never seen more young people speaking out passionately, 
all ethnicities represented, young boys and young girls, teenagers and 
young adults, who say we are going to be, and are, the pro-life 
generation. And they have certainly reason to react that way. Every 
third member of their generation has died from abortion.
  Mr. Speaker, finally, I hope this Congress takes a long and hard 
second look at the glib euphemisms that are used to promote abortion, 
the marketing strategies, the polls that have driven this terrible 
issue forward, and strip it all away. Look at the deed itself: Chemical 
poisoning, dismemberment, partial-birth abortion awakened at least some 
Members to the cruelty of abortion. Connect the dots. Every method is 
an act of violence. And again, there are two victims in every abortion, 
mother and child.
  I truly believe that united in prayer, united in fasting, and with a 
lot of hard work, just like the abolitionists of old, who said that you 
cannot discount the humanity of people because of the color of their 
skin, well, the dependency or the immaturity of a child also should not 
become a disqualifier. America's dark night of child slaughter will 
some day, and some day soon, Mr. Speaker, come to an end.
  I yield back to Mr. Franks and thank him for his extraordinary 
leadership on this human rights issue.
  Mr. FRANKS of Arizona. Mr. Speaker, I now yield to Mr. Walberg.
  Mr. WALBERG. Mr. Speaker, I thank my colleague and good friend from 
Arizona for the opportunity to speak tonight. I just came back from 
Iraq and Afghanistan this past week, and on the way back from Kabul to 
the airport, I looked out of our window of the vehicle we were riding 
in and I saw two young children running alongside the vehicle, as 
children will do, having fun together. They were racing each other and 
racing our vehicle. I looked in their eyes, and I saw nothing but what 
I would see in normal little children's eyes having fun, except these 
two young children had smudged faces and tattered clothes that they 
were playing in, in a war zone. And I thought to myself, these two 
little children could be just like a number of children we have read 
about, through the barbarism of individuals for a particular philosophy 
would have ammunitions strapped to them, and then, in a barbaric, 
gruesome way, their lives taken.
  On this day, the 35th anniversary of Roe v. Wade, we live in a 
civilized country, well educated, cleaned up, sanitized, and yet, 
because of a lie, there are innocent women, and indeed birth fathers, 
as well, who are caught in a lie and a trap that causes them to, in a 
sanitized way to some degree, yet the ultimate outcome is the same, to 
snuff out innocent lives for no reason that justifies that taking 
place. Today marks the 35th anniversary of Roe v. Wade. Since that 
time, nearly 50 million abortions have been performed. That is a 
staggering number which intensifies when we recognize each abortion 
consists of one innocent life snuffed out and at least one other life 
that is wounded.
  While I respect the fact that others may disagree, I believe that 
human life begins at conception. That means that almost 50 million 
lives have been extinguished since 1973. Because of Roe v. Wade, we 
have learned that a reckless majority on the Supreme Court can visit 
untold destruction and pain on us as a Nation if they search for 
results in individual cases that are outside the scope and text of the 
history of the Constitution.
  We have learned that the activist justices can find ``penumbras, 
formed by emanations'' in the Bill of Rights as a basis for 
establishing new constitutional rights that are not found anywhere in 
the text or history of the Constitution, as Justice Douglas 
ridiculously claimed in the case of Griswold v. Connecticut, a 
precedent for Roe v. Wade.
  Sadly, unelected activist judges with lifetime appointments continue 
to make law rather than to apply the law as it is written. As elected 
officials, it is our right to make law, and it certainly is not the 
right of judges and justices to do so. Rather, they must follow the law 
as we, the accountable decision makers, have written it.
  We have engaged in a long struggle and must continue in that struggle 
to ensure that the Supreme Court and our lower Federal courts are 
stocked with people who abide by the text and the history of the 
Constitution instead of acting as super-legislators in making new law.
  Mr. Speaker, today, on the 35th anniversary of that tragic ruling, my 
heart

[[Page 444]]

is grieved; yet, it is heartened. Though we mourn for lives that could 
have been, we see significant progress in the fight to defend human 
life. Just today, a bipartisan majority in the Michigan Senate voted to 
ban partial birth abortion. Abortions have declined by nearly 20 
percent in the past 15 years, and every year Americans have become 
increasingly pro-life. I, along with millions of Americans, remain 
committed to saving the unborn and upholding the right to life our 
Nation was founded upon. Perhaps the tide is finally turning.
  I also call, Mr. Speaker, for an all-out effort of compassion for the 
women and the birth fathers who have been caught in the lie of abortion 
and have had their lives altered. A loving God offers forgiveness and 
hope and healing, and we, His people, can offer no less.
  I pledge to continue to work every day to bring back the sanctity of 
life to our Nation. And it is heartening to stand here with my 
colleagues tonight and with hundreds of thousands of individuals today 
on the Mall and speak for life.
  Mr. FRANKS of Arizona. Mr. Speaker, I now yield to the distinguished 
gentleman from Georgia (Mr. Gingrey).
  Mr. GINGREY. Mr. Speaker, I thank my colleague for leading this hour 
and for allowing me to be with him tonight and for giving me this time.
  I think my colleagues, Mr. Speaker, know that my prior career, my 
profession before becoming a Member of Congress 5\1/2\ years ago was I 
practiced medicine, and not just as a medical doctor, but as an OB/GYN 
specialist. In that specialty for 26 years, I delivered over 5,200 
babies during that time. I am very proud to say that I performed no 
abortions. But I think it is important for our colleagues, Mr. Speaker, 
and for men and women across this country to understand how this Roe v. 
Wade came about 35 years ago in 1973.
  Prior to that, abortion in many States was illegal. It could not be 
performed. In some instances, yes, it was true that women would have 
what is known as a criminal abortion done, and sometimes with very 
devastating consequences to the woman. If the abortion was done by a 
doctor with skills, surgical skills, there probably were no 
complications, other than destroying that human life, that little human 
life. But if the abortion was performed in an unprofessional, botched 
manner, then the life not only of the fetus but also of the woman was 
at stake.
  When I was an intern at Grady Memorial Hospital in Atlanta, Georgia, 
back in those days in the late 1960s, 1969, 1970, yes, there 
occasionally was a patient on the ward suffering from septic shock. And 
in one instance I very vividly remember that that patient, that mother 
who had had an abortion done and the complications thereof, infection 
set in and she died. And these cases were presented across the country 
to the Supreme Court eventually, basically, in Roe v. Wade. And then 
all of a sudden the Supreme Court said that no State, no State could 
proscribe abortion.
  That is what we got to in 1973. And since that time, of course, as my 
colleague from Michigan just mentioned, something like 48 million lives 
have been destroyed in the abortion process, in that so-called safe, 
legal process, where the procedures are done by licensed physicians, 
and they are done under certain circumstances, maybe in a hospital with 
anesthesia, and it is very safe and that no mothers die.
  Well, some mothers do die. But without question, some 48 million 
little children, potential Members of Congress in fact, lost their 
lives by this abortion procedure. And that is why I am so proud to be 
here tonight to join with my colleagues, with the gentleman from New 
Jersey, Mr. Smith, Mr. Franks, Mr. Davis, Mr. Walberg, Mr. Lamborn and 
others to talk about this issue.

                              {time}  2000

  Each of us will have a little bit of time. But I am very grateful to 
be standing here tonight to know that today on the Mall, right here at 
the Capitol, we had so many come. I don't know how many thousands of 
families came. We had something like 12 or 14 Members of Congress speak 
on behalf of life, the life of the infant, the life of the fetus. This 
is a very proud day, and it is a very proud evening too for us to stand 
here for the sanctity of life.
  Mr. Speaker, I would like to focus on a couple of charts that I have 
got. The first one, if my colleagues will look, basically says this. 
This is a quote from a very important person, and I will mention her in 
just a minute. ``Abortion, at any point, was wrong. It was so clear. 
Painfully clear.'' That ends the quote. This is from Norma McCorvey, 
better known as Jane Roe from Roe v. Wade. In other words, she was the 
plaintiff.
  Mrs. McCorvey wanted to have an abortion in a State that didn't allow 
it, so she was the plaintiff. This quote is taken from her book, ``Won 
by Love'' by Norma McCorvey, and she is now a pro-life advocate. She 
didn't have that abortion, because by the time Roe v. Wade was passed, 
she had gone on and had that little girl, who is in her mid-thirties 
now. Mrs. McCorvey, Norma, is also the proud grandmother of two 
children. Thank God that she didn't have that abortion.
  Listen to what Susan B. Anthony, this is way long, many years ago, in 
another century, said even before this issue came up. ``Abortion is a 
reflection of our society's failure to meet the needs of women. We are 
dedicated to systematically eliminating the root causes that drive 
women to abortion.'' That is a quote from Susan B. Anthony.
  What I want to point out is that many States now, many States, 
including my own State of Georgia, I am very proud that we have passed, 
as this poster shows, a ``woman's right to know law,'' required not 
just in Georgia, but in 23 States, that women who seek abortions be 
fully informed about relevant issues such as, the first bullet point, 
medical risk of abortion; the possible detrimental psychological 
effects of an abortion; a father's legal responsibility in State laws 
for paternal child support; and medical assistance benefits may be 
available to prenatal care, childbirth, and neonatal care.
  Mr. Speaker, the Children's Health Insurance Program, SCHIP, that we 
just in the last month reauthorized for an additional 18 months, does 
include prenatal care so that women are not forced for financial 
reasons to terminate a pregnancy. So this is really what Susan B. 
Anthony was talking about so many years ago.
  What we are seeing as a result of that, in my last chart that I want 
to present, is that over these 35 years, we are seeing a gradual and 
actually dramatic drop in the number of abortions per 1,000 women aged 
15 to 44. Those women who are most fertile, that peaked at 29 per 1,000 
women that age back in 1979. Now the latest statistics in 2005, that 
number has dropped down to something like 19.4. So we are making great 
progress.
  The point that I want to make in conclusion, Mr. Speaker, is we don't 
need to continue to destroy life. We need to inform women. We need to 
inform women of their choices, the alternatives to destroying a human 
life, which in almost every instance they are opposed to. But they are 
uninformed, they are frightened, they are scared, they are concerned 
about raising a child as a single parent. But if they are given the 
opportunity maybe to place that child for adoption, if they know there 
is financial help available, if they know that there are counselors who 
want to work with them that help them if they decide to have their baby 
and be a single parent, if that is the case, these are the things that 
we need to be concentrating on, Mr. Speaker.
  So as I conclude, I just want to say to the gentleman from Arizona, I 
thank him for giving all of us an opportunity tonight to speak on this 
hugely important issue. Let's stand for the rights of the unborn. Let's 
not be so concerned about some person who is already here, man or 
woman, about their property rights guaranteed under the 14th Amendment. 
Let's think about what we said in our Declaration of Independence and 
think about unalienable rights, such as the right to life. Let's think 
about what is in the Charter of the United Nations, that every member

[[Page 445]]

nation is bound to abide by, and that is the sanctity of life. And, 
last but not least, what God says in both the New and the Old 
Testament, thou shalt not kill; you shall not take another's life. That 
is why we stand here tonight, to bring that to our Members.
  I yield back to the gentleman from Arizona, and thank him for 
allowing me to be part of this.
  Mr. FRANKS of Arizona. I thank the distinguished gentleman for his 
compelling words.
  Mr. Speaker, I yield to the distinguished gentleman from Tennessee, 
Mr. David Davis.
  Mr. DAVID DAVIS of Tennessee. Mr. Franks, thank you for your 
leadership on this very important issue.
  To many of us across this great land of America, life is an emotional 
issue. To many of us, it is a Biblical issue. The Bible actually tells 
us that we are knit together in our mother's womb.
  Let's go back and just think about a day that we lost a lot of 
Americans. Let's go back to September 11th, 2001. If you are listening 
across this great land, just think back how you felt on September 11th 
when you learned that 3,000 Americans had been killed. Do you remember 
where you were? Do you remember how you felt? It was 3,000 Americans 
killed that day. I know exactly where I was and I know how I felt.
  Now, where were you on September 12th, September the 13th, September 
the 14th, September the 15th? Those days, almost 4,000 Americans were 
killed, and every day subsequent. We are losing Americans to the tune 
of almost 4,000 Americans a day.
  Ronald Reagan once said ``abortion is only advocated by persons who 
have themselves been born.'' His pro-life position was not limited to 
the beginning of life issues, but extended all the way to natural 
death. It is clear that Reagan would have stood against pro-assisted 
suicide and euthanasia laws. In 1988, he declared ``The right to life 
belongs equally to babies in the womb, babies born handicapped and the 
elderly and the infirm.''
  In the years since our Supreme Court ruled on Roe v. Wade and 
declared abortion a constitutional right, the assault Mother Theresa 
rightly called the ``war against the child'' has claimed nearly 50 
million Americans, 1.2 million every year, and, yes, almost 4,000 
babies every day.
  Pro-life policies such as parental consent and waiting periods enjoy 
tremendous public support, 82 percent and 74 percent respectively. 
Washington, this Congress, should deny hundreds of millions of dollars 
to Planned Parenthood and abortion centers that promote and perform 
abortions here and abroad. The unborn child has the right to life, and 
that right should not be taken away.
  Roe v. Wade was poorly conceived and morally wrong. This decision 
should be overturned. Life begins at conception. An unborn baby should 
share the birthright of all Americans, the right to life, liberty and 
the pursuit of happiness.
  I yield back to the gentleman.
  Mr. FRANKS of Arizona. I thank the gentleman for his very moving 
words. I would now yield to Mr. Lamborn from Colorado.
  Mr. LAMBORN. Mr. Speaker, I thank the gentleman from Arizona for 
putting this time together and for recognizing me.
  Mr. Speaker, today marks the 35th anniversary of the Roe v. Wade 
Supreme Court decision which legalized abortion in the United States. 
Elective abortion, a tragic practice, is the most common medical 
procedure performed in the United States. Let me repeat: Abortion is 
the most common medical procedure performed in the United States, and 
is perpetuated by a perverse logic that the life of an unplanned child 
is somehow not of the same value as that of any other child.
  A recent study published by the Journal of Child Psychology and 
Psychiatry in 2006 indicates that women who have had an abortion have a 
much higher incidence of mental health problems, including depression, 
anxiety, suicidal behaviors and substance abuse. Abortion can also 
cause physical side effects, such as reduced fertility, hemorrhaging, 
and even death.
  Mr. Speaker, I want to recognize pregnancy care centers around the 
country, who defend the lives of the unborn and protect the physical 
and psychological health of American women who find themselves in 
unplanned pregnancies every year. Through the support of selfless men 
and women devoted to a culture of life, these care centers are able to 
give concrete, practical assistance to women, from pregnancy testing to 
prenatal vitamins, ultrasound imaging and infant supplies.
  Tragically, many women in the United States are told and believe 
abortion is the only way. Pregnancy care centers respect these women 
and their right to know that there are other options. These facilities 
offer guidance for mothers faced with heart-wrenching decisions. 
Whether the woman chooses to give the child up for adoption or raise 
the baby, pregnancy care centers provide counseling, information and 
support.
  Pregnancy care centers across the world have and will continue to 
reduce abortion rates, save unborn lives, and help women avoid the 
psychological and physical damages of abortion.
  Tonight, I mourn the 50 million American lives cut short by abortion, 
and pray that God continues to protect and strengthen those touched by 
this tragic practice. I will be among those working to end it.
  Mr. Speaker, I yield back to the gentleman.
  Mr. FRANKS of Arizona. I thank the gentleman.
  Mr. Speaker, I would now yield to the very distinguished gentleman 
from Indiana (Mr. Pence).
  Mr. PENCE. Mr. Speaker, I thank the gentleman from Arizona for 
yielding. I also want to thank him for his extraordinary and 
compassionate and principled and eloquent advocacy of life. The people 
of Arizona who cherish life are extraordinarily well served by Mr. 
Franks.
  I come to this well having enjoyed a day, Mr. Speaker, on the 
National Mall, where over 100,000 Americans by some estimates gathered 
in the bitter cold 35 years after a Supreme Court decision, and they 
gathered for one reason and one reason only, because those Americans 
cherish the sanctity of life and are unwilling to go quietly into that 
good night, which is an America that walks away from a belief that 
every life is sacred.
  100,000 people. Not at the podium. Not with the television cameras on 
them, as some of us were. Not with the accolades of people in a 
movement who will write on the Internet or write editorials how they 
approve of our stand. But in the obscurity of a throng of tens of 
thousands, Americans came. In the dead of winter. It was extraordinary, 
Mr. Speaker, I must say, and it gives me great hope about this 
movement.
  The sanctity of life is the central axiom of Western civilization. It 
is, I believe, our commitment to the unalienable right to life and 
liberty and the pursuit of happiness that split the atom of the 
American experiment and has created the freest and most prosperous and 
most powerful nation in the history of the world. It is because we 
embrace that ethic that we are endowed by our Creator with the 
unalienable right to life. And there, 35 years after Roe v. Wade, 
100,000 Americans are still standing in the cold for that principle.
  I rise tonight very humbled to hear the eloquence of my colleagues, 
but filled with hope after a hurried day in this movement, because I 
have seen the faces of the foot soldiers of the right to life. I have 
stood among a throng of young Americans, particularly young women under 
the age of 30, who are choosing life as never before. In the last 20 
years, abortion has declined by more than 20 percent.

                              {time}  2015

  I believe, as you could see in those relationships today on the 
National Mall, it's not just because of political debate, but it's 
because of moral persuasion. In the last 35 years, I believe in the 
quiet counsels between mothers and daughters, between grandmothers and 
granddaughters, the truth about abortion is being told.
  Life is winning in America.
  I rise tonight simply, Mr. Speaker, to speak a little out of turn, 
and not just

[[Page 446]]

to your chair, but maybe to those that are looking in tonight and to 
say thank you for standing for life. Your efforts on behalf of the 
unborn are not in vain, and I do believe in our lifetime, if we will 
exercise the faith and perseverance and compassion and civility that 
was in evidence on the National Mall today, we will see Roe v. Wade 
collapse like the Berlin Wall. It will collapse finally and at last on 
that day when people on both sides of the debate don't want it there 
anymore.
  Mr. FRANKS of Arizona. Mr. Speaker, I just thank the gentleman so 
much for his moving words.
  Now I yield to the gentleman from Iowa, Congressman King.
  Mr. KING of Iowa. I thank the gentleman from Arizona for organizing 
this Special Order tonight on this day that culminates a long period of 
time here in Washington across America where we have gathered together 
to march and to speak and to appeal and to pray for the end of this 
holocaust of abortion in America.
  I have enjoyed those experiences that I have been able to share with 
my pro-life colleagues. As I went to the mass last night in the 
basilica and looked out across that sea of faces, more than 10,000 
strong on the ground floor of that magnificent cathedral up on the hill 
in northeast Washington, realizing that there are 10,000 people in the 
main floor and another 5,000 in the basement, 15 to 16,000, many young 
people, who have done the pilgrimage from all across America, gotten on 
a bus and ridden for hours, maybe 18 or 20 or more hours to get here. 
They will go to the service, and they came to the march, the march for 
life today on The Mall in the cold and in the drizzle. They got back on 
the bus, some of them without even getting a chance to get warm, and 
headed back to their homes again. Those are people with conviction. 
Those are people that understand the two simple and basic questions 
that are before us here.
  The first question is, and so when I ask many high school students in 
public auditoriums, do you believe in the sanctity of life? Is human 
life sacred in all of its forms? Is the person sitting next to you, is 
their life sacred? Is your life sacred? And I get the answer, the 
universal answer is yes, yes from all of them. I have never had a 
dissenter.
  Then I asked them, there is only one other question you need to ask 
to determine your position on life, and that is, this sacred life, your 
life, the person sitting next to you, at what instant did that life 
begin?
  We know that there is only one instant, and that is the instant of 
conception. But once a person understands and comes to a faithful 
conviction that human life is sacred, and it begins at the instant of 
conception, we also will never lose the debate, will never lose our 
conviction.
  I would invite anyone in this Congress to come to this floor and 
debate me on those two points. I would like to have someone stand up 
and tell me their life began at some other instant than conception, but 
it will not happen, because they know that the minute, the instant that 
anybody over here takes a position other than this sacred life begins 
at the instant of conception, they have instantly lost the debate.
  That's the point that I think all Americans should understand. If 
they do, this Nation will one day put an end to Roe v. Wade.
  I am a Catholic, an active Catholic, and I understand the church's 
teachings on this. I wonder, sometimes about some of the active 
Catholics in this Congress that do not necessarily reflect the church's 
teachings. I would love to see, and I would call out an invitation next 
year for the special mass at the basilica, for the Speaker to join us 
there in our public prayer for those 50 million lives of those little 
babies, those little babies that will never have the opportunity to 
laugh, to love, never be hugged at night, never be kissed at night, not 
a single night, 50 million babies, 50 million little empty pairs of 
shoes, 50 million empty baby cribs, 50 million toys never played with, 
50 million children, innocent as could be, denied the right to life.
  I reflect upon the appointments to the Supreme Court that the 
President made in this past term, two magnificent appointments to the 
Supreme Court, and that would be Chief Justice Roberts and Justice 
Alito. We got a Supreme Court decision that upheld our ban on partial 
birth abortion finally, finally a measure that came from this Congress 
that was not denied by the Court.
  When I looked across the sea of faces that filled The Mall as far as 
the eye could see today by the tens of thousands, and perhaps by the 
hundreds of thousands, and reflected that they all came here to this 
city today because the Court injected themselves into a policy 
decision, not a constitutional decision.
  Roe vs. Wade and Doe v. Bolten, both need to be ripped out and both 
need to be overturned. The two magnificent appointments to the Supreme 
Court that understand this Constitution to mean what it says and mean 
what it was understood when it was ratified by our Founders, those 
appointments are wonderful appointments that move us down the line.
  This Constitution will protect life; it will protect marriage. But we 
must have a Supreme Court that protects the Constitution, that does not 
amend it with their liberalism and their activism.
  Mr. Speaker, the next two appointments to the Supreme Court will be 
more important than the last two. The next two appointments to the 
Supreme Court will determine whether we preserve and protect life and 
whether we preserve and protect marriage. Those two are 
transformational issues before this Congress. We must stand up for 
life.
  We said goodbye to the elegant statesman and the great lion for life, 
Henry Hyde, Chairman Henry Hyde. Many of us count him as a friend. I 
counted him as one of the honors of my life to be able to call him as a 
friend and someone whom I admired.
  The words on the program at Henry Hyde's funeral were a quote from 
him that say this: ``When the time comes, as it surely will, when we 
face that awesome moment, the final judgment, I've often thought, as 
Fulton Sheen wrote, that it is a terrible moment of loneliness. You 
have no advocates. You are there alone standing before God, and a 
terror will rip through your soul like nothing you can imagine. But I 
really think that those in the pro-life movement will not be alone. I 
think there will be a chorus of voices that have never been heard in 
this world but are heard beautifully and clearly in the next world, and 
they will plead for everyone who has been in this movement. They will 
say to God, 'Spare him because he loved us,' and God will look at you 
and say not 'Did you succeed?' but 'Did you try?'''
  God bless his life and his effort, and may he save the lives of the 
unborn.
  Mr. FRANKS of Arizona. I thank the distinguished gentleman.
  I now, Mr. Speaker, yield to the distinguished gentleman, Congressman 
Jordan of Ohio.
  Mr. JORDAN of Ohio. I thank the gentleman for yielding, and I thank 
him for his compassion and his commitment to protecting all life, 
defending those defenseless and his tireless work, and my colleagues as 
well, who understand that all life is sacred.
  Mr. Speaker, I want to thank, as other speakers have done, I want to 
thank those thousands of families, thousands of young people, thousands 
of Americans who gathered today in our Nation's Capital. They too 
understand that life is precious, life is special, life is sacred and 
it should be protected in all forms.
  I really want to thank them for two things, and I said this today at 
the rally. First, I want to thank them for having the willingness to 
engage in the struggle. I learned a long time ago that nothing of 
meaning, nothing of significance happens by hanging out on the 
sidelines. You have got to be willing to get in the game step, you have 
got to be willing to get out of the shadows, step in the game if you 
are going to make a difference.
  That is what Americans were doing today here in our Nation's Capital. 
I also want to thank them for something else. One of the things that 
all of us as

[[Page 447]]

Members of Congress deal with are those interest groups, those 
lobbyists who want to come talk to us about all kinds of issues.
  I say this every chance I get to talk about the life issue. We have 
all kinds of lobbyists who want to come talk to us, then to talk to us 
and influence the way things work here in Congress, the way legislation 
is passed. The reason they want to talk to us is they and their clients 
have a financial interest at stake.
  But the people who came to our Nation's Capital today, they had 
nothing to gain financially for doing what they did today. They simply 
did it because it was the right thing to do. They understand that the 
truth is the truth, and that life should be protected. I reassured them 
today. I think we are going to win.
  It may take some time, but America always gets it right. Sometimes it 
takes us a while, but we get it right. We are making progress. We wish 
it would happen quicker. It has been 35 years now in this struggle. We 
wish it would happen quicker, but we are getting closer. Someday in 
this great country, the greatest Nation in history, we will get it 
right and every single human life will be protected.
  I said to many of the folks that I had an opportunity to speak with 
today, you know, stay positive, because in America things do work out 
and the truth does prevail in the end.
  I told them the story from scripture, and I will finish with this 
before I yield back to my old friend. The old story from scripture is 
so appropriate, I think, in that we should stay positive. The story 
goes, when the Israelites were camped against the Philistines, and 
every day the Philistine giant would walk out and issue the challenge, 
Who will fight Goliath? The Israelites' response was, He is so big we 
can never defeat him.
  But David's response was, He is so big I can't miss. That is the 
attitude we saw on display today in our Nation's Capital. That's the 
attitude that has always been a part of the American experience. That 
is the attitude we need as we go forward. We will win this effort and 
all life will be protected in this country because you have great 
people like Mr. Franks from Arizona. I appreciate his time tonight in 
scheduling this hour for us.
  Mr. FRANKS of Arizona. I thank the gentleman so much.
  I now yield to the gentleman from Idaho (Mr. Sali).
  Mr. SALI. Thank you, gentlemen.
  Mr. Speaker, I stand before you today to commemorate National 
Sanctity of Human Life Day. This year marks the 35th anniversary of the 
Supreme Court ruling in Roe v. Wade, that landmark decision that so 
drastically altered the landscape.
  This month also bears a sad distinction. In January 2008, we passed 
the tragic mark of 50 million lives that have been lost to abortion 
since Roe vs. Wade. We cannot help but wonder about the implications of 
this astonishing statistic. We are all concerned about the shortage of 
workers in our country. So many of those unborn lives lost due to Roe 
v. Wade would now be in the workforce.
  What about Social Security? Could we not better sustain the vitality 
of the program if these same workers were paying into the system? These 
are matters of demographics and economics, yes, but ultimately they are 
about the most profound issue of all, the simple but indispensable 
sanctity of human life.
  In this very room, from the view of the distinguished Speaker, the 
center of relief that looks over all of us is an image of Moses, the 
lawgiver. In the 90th Psalm, Moses wrote ``Teach us to number our days 
aright, that we may gain a heart of wisdom . . . May your deeds be 
shown to your servants, your splendor to their children.''
  How many of our children will never be able to number their days 
because their days will never begin? How many will never know God's 
splendor in the life He wants for each of us, because they never have 
been allowed to see the light of day?
  As the father of six and the grandfather of six, five of whom have 
been born and one who remains unborn, yes, a grandfather of six, I have 
watched the breathtaking miracle of life unfold again and again. Every 
time I see a small child, I am reminded of the wondrous blessings of a 
creator who allows us to share in the miracle of creation.
  In the words of the poet William Wordsworth, ``Heaven lies about us 
in our infancy.'' It is essential for all of us to remember that in any 
abortion there are two victims, the mother and the unborn child.
  Mr. Speaker, we have to do a better job of communicating to women in 
crisis what public and private resources are available to help them, to 
reach out more vigilantly to these women with a tenderness and a 
practical compassion our country has shown so often to so many.
  I applaud the selfless unsung sacrifices of tens of thousands of our 
fellow citizens who care for women with crisis pregnancies and to 
provide spiritual, emotional and material support for them.
  It is fitting that we recall the words of our Declaration of 
Independence, that our creator has endowed all with certain unalienable 
rights, the first of which is life. The little one in the womb is a 
person with value independent of his or her mother and deserves the 
right to that life.
  As Members of Congress, we are uniquely positioned to protect the 
most innocent and vulnerable members of our society, the unborn. If we 
cannot protect the most innocent and helpless among us, how can we 
proclaim that we want to provide justice and protection for anyone 
else?

                              {time}  2030

  May those of us who believe in the uniqueness of human personhood, 
from conception to death, today again resolve never to cease our 
efforts to make our beloved country not only a beacon of hope but a 
sanctuary of human dignity. Surely there can be no higher calling for 
us as public servants of this blessed land.
  Mr. FRANKS of Arizona. I thank the distinguished gentleman.
  Mr. Speaker, because the end of the hour grows close, I would now 
come before this body with a sunset memorial. We intend to repeat this 
from time to time to chronicle the loss of life by abortion on demand 
in this country.
  Mr. Speaker, it is January 22, 2008, in the land of the free and the 
home of the brave, and before the sun sets today in America, almost 
4,000 more defenseless unborn children were killed by abortion on 
demand just today.
  Exactly 35 years today, the tragic judicial fiat called Roe v. Wade 
was handed down. Since then, the very foundation of this Nation has 
been stained by the blood of almost 50 million children. Mr. Speaker, 
that is more than 16,000 times the number of innocent lives lost on 
September 11.
  Each of the 4,000 children that we lost today had at least four 
things in common. They were each just little babies who had done 
nothing wrong to anyone. And each one of them died a nameless and 
lonely death. And each of their mothers, whether she realizes it 
immediately or not, will never be the same. And all the gifts that 
these children might have brought to humanity are now lost forever.
  Mr. Speaker, those noble heroes lying in frozen silence out in 
Arlington National Cemetery did not die so America could shred her own 
Constitution, as well as her own children, by the millions. It seems 
that we are never quite so eloquent as when we decry the genocidal 
crimes of past generations, those who allowed their courts to strip the 
black man and the Jew of their constitutional personhood, and then 
proceeded to murderously desecrate millions of these, God's own 
children.
  Yet even in the full glare of such tragedy, this generation clings to 
blindness and invincible ignorance while history repeats itself and our 
own genocide mercilessly annihilates the most helpless of all victims 
to date, those yet unborn.
  Perhaps it is important for those of us in this Chamber to remind 
ourselves again of why we are really all here.
  Thomas Jefferson said, ``The care of human life and its happiness and 
not its destruction is the chief and only object of good government.''

[[Page 448]]

  Mr. Speaker, protecting the lives of our innocent citizens and their 
constitutional rights is why we are all here. It is our sworn oath. The 
phrase in the 14th amendment capsulizes our entire Constitution. It 
says: ``No state shall deprive any person of life, liberty or property 
without due process of law.''
  The bedrock foundation of this Republic is the Declaration, not the 
casual notion, but the Declaration of the self-evident truth that all 
human beings are created equal and endowed by their creator with the 
unalienable rights of life, liberty and the pursuit of happiness. Every 
conflict and battle our Nation has ever faced can be traced to our 
commitment to this core self-evident truth. It has made us the beacon 
of hope for the entire world. It is who we are.
  And yet today, Mr. Speaker, in this body we fail to honor that 
commitment. We fail our sworn oath and our God-given responsibility as 
we broke faith with nearly 4,000 innocent American babies who died 
without the protection we should have been given them.
  And so for them in this moment, Mr. Speaker, without yielding my 
time, I would invite anyone inclined to join me for a moment of silence 
on their behalf.
  Mr. Speaker, I believe that this discussion tonight presents this 
Congress and the American people with two destiny questions.
  The first that all of us must ask ourselves is very simple: Does 
abortion really kill a baby? If the answer to that question is ``yes,'' 
there is a second destiny question that inevitably follows. And it is 
this, Mr. Speaker: Will we allow ourselves to be dragged by those who 
have lost their way into a darkness where the light of human compassion 
has gone out and the predatory survival of the fittest prevails over 
humanity? Or will America embrace her destiny to lead the world to 
cherish and honor the God-given miracle of each human life?
  Mr. Speaker, it has been said that every baby comes with a message, 
that God has not yet despaired of mankind. And I mourn that those 4,000 
messages sent to us today will never be heard. Mr. Speaker, I also have 
not yet despaired. Because tonight maybe someone new, maybe even 
someone in this Congress, who heard this sunset memorial will finally 
realize that abortion really does kill a baby, that it hurts mothers 
more than anyone else, and that nearly 50 million dead children in 
America is enough. And that America is great enough to find a better 
way than abortion on demand.
  So tonight, Mr. Speaker, may we each remind ourselves that our own 
days in this sunshine of life are numbered and that all too soon each 
of us will walk from these Chambers for the very last time.
  And if it should be that this Congress is allowed to convene on 
another day yet to come, may that be the day that we hear the cries of 
the unborn at last. May that be the day we find the humanity, the 
courage, and the will to embrace together our human and our 
constitutional duty to protect the least of these, our tiny American 
brothers and sisters, from this murderous scourge upon our Nation 
called abortion on demand.
  This is a sunset memorial, Mr. Speaker. It is January 22, 2008, in 
the land of free and the home of the brave.
  Ms. SHAKOWSKY. Mr. Speaker, thirty-five years ago today, the Supreme 
Court guaranteed American women the right to choose abortion in its 
landmark decision Roe v. Wade. In doing so, the Supreme Court brought 
an end to decades of State and Federal laws that outlawed or restricted 
abortions and put reproductive choice back in the hands of women and 
gave them safe, medical options.
  Since that time, however, a concerted and organized campaign aimed at 
diminishing this momentous decision has succeeded in whittling down the 
original intent of the decision and now presents a very serious threat 
to the long-term security of Roe itself.
  I rise today not only to commemorate this important day in American 
history, but also to remind the supporters of Roe v. Wade that it is 
absolutely critical that the pro-choice movement remain united and 
vigilant against all attempts to take away a woman's right to choose. 
As a member of the Pro-Choice Caucus, I promise to do my part and 
continue to oppose any attempts in Congress to limit, restrict or deny 
a woman's reproductive rights.
  In conclusion, I believe that it is imperative, not only for women's 
rights, but for women's health as well, that the United States not 
return to an era in which the government gets to decide what a woman 
can and cannot do with her own body.
  Mr. AL GREEN of Texas. Mr. Speaker, I wish to commemorate the 35th 
Anniversary of Roe v. Wade, a United States Supreme Court decision that 
broadened women's rights nationwide.
  On January 22, 1973, three years after ``Jane Roe'' was denied an 
abortion in a Texas district court, the Supreme Court decided that the 
Fourteenth Amendment right of personal privacy was broad enough to 
cover a woman's decision whether to terminate her pregnancy. The Texas 
statute proscribed all abortions not necessary ``for the purpose of 
saving the life of the mother.'' ``Jane Roe'', or Norma McCorvey, 
desired an abortion because she was raped; however, her rights were 
firmly denied in the Texas courts. Her case made it to the Supreme 
Court by way of an appeal in 1971. The case was argued twice before the 
Supreme Court because Associate Justice William Rehnquist initially 
missed part of the arguments. After great debate and deliberation, the 
Supreme Court struck down the Texas statute as unconstitutional. The 
decision was made in favor of Roe by a vote of 7 to 2, with Justices 
William Rehnquist and Byron White dissenting. Justice Harry Blackmun 
wrote the opinion of the court declaring that it is a woman's 
constitutional right to decide whether to carry a pregnancy to term. 
The court ordered that the performance of an abortion should not be 
criminalized and also ordered that access to an abortion should not be 
restricted, limited or unnecessarily difficult.
  The 35th Anniversary of Roe v. Wade is a momentous occasion because 
it symbolizes the notion of liberty and justice for all people under 
the constitution. Women have historically been deprived of equal rights 
and liberty, but this court decision brought a new day for all women. I 
respectfully commemorate the anniversary of Roe v. Wade.

                          ____________________




                             RIGHT TO LIFE

  The SPEAKER pro tempore. Under the Speaker's announced policy of 
January 18, 2007, the gentlewoman from Minnesota (Mrs. Bachmann) is 
recognized for 60 minutes.
  Mrs. BACHMANN. Mr. Speaker, it truly is a momentous evening this 
evening and the entire day here on the March for Life that occurred 
here on our Nation's capital, and it is a privilege for me to be here 
as a freshman Member of Congress, hailing from the very cold State of 
Minnesota, to be able to be here on this floor on this momentous 
occasion.
  We heard so many eloquent speakers, led by Trent Franks, a man who 
has a great love for people, not just a love for babies, not just a 
love for women. He has a love for people, and I am so grateful for the 
wonderful hour that he just led. We have other Members of Congress, Mr. 
Speaker, who have come down to this Chamber because they are moved by 
this issue, not just for their love for babies or their love for women 
or love for men, but they are moved by many factors that go to increase 
our Nation and the natural resources that are in our Nation.
  One of those is Mr. Bishop who is from Utah's First District, and he 
would like to speak for a few moments on the floor of Congress.
  Mr. BISHOP of Utah. I thank the gentlewoman from Minnesota (Mrs. 
Bachmann) and the gentleman from Arizona (Mr. Franks) leading this 
discussion.
  As I walked past the Supreme Court this evening, remnants of the two 
groups were protesting this very issue, one dealing with a press 
conference, the other marching in chants in a way that was really more 
appropriate to a high school pep rally than to this particular issue.
  And I was saddened because this is one of those issues that should 
never be simplified into simply chants or slogans or sound bites 
because this issue is one that deals with the soul of this particular 
country. For when we have a cavalier attitude about life at the 
beginning of the cycle, we tend to develop a cavalier attitude about 
life at the end of the cycle. And then for those areas in between, we 
tend to look at life not

[[Page 449]]

in terms of its sanctity but in its quality of life.
  I firmly believe that man is both perfectable and savable. But we are 
perfectable and savable not in the ease in which we make our lives or 
the material possessions which we can accumulate, but in our 
relationships with others and our development of our families.
  I appreciate being able to add my voice to this particular 
discussion, and I appreciate the representative from Arizona, as well 
as the gentlewoman from Minnesota, for leading these two hours because 
this discussion is truly about the very heart of this country and where 
we go.
  Mrs. BACHMANN. I thank Mr. Bishop so much. The people from the First 
District of Utah have to be so proud of you, especially on the issue of 
life.
  Mr. Speaker, now I would like to introduce the gentleman from New 
Jersey (Mr. Garrett) for whom I have a great deal of respect. He has a 
tremendous story to tell, and I yield to Mr. Garrett.
  Mr. GARRETT of New Jersey. Mr. Speaker, I thank the gentlelady for 
managing this hour as Members come to the floor to speak about this 
extremely important topic.
  I must begin my remarks by thanking everyone who took part earlier 
today, all those folks who traveled down here to Washington to 
participate in the annual Right to Life March from all over the 
country, in bad bus rides and distant flight delays and bumpy car 
rides. I am grateful to all the marchers who came from the great State 
of New Jersey. Particularly, I would like to recognize the students 
from Pope John High School and also the kids from Veritas Christian 
Academy located in Sparta, as well as some of the parishioners who came 
down from Our Lady of Fatima in Vernon, St. Jude's Church in 
Blairstown, Our Lady of Mount Carmel in Stillwater, and the folks from 
Lafayette Federated Church from Lafayette.
  I didn't include everyone, but the list would go on and on with all 
of the people from the great State of New Jersey, people concerned and 
taking part to make sure that their voice was heard.
  Earlier today I had the opportunity, and I would say the honor of 
speaking to the thousands of marchers who came out. They braved the 
freezing wind and the rain that was coming on as well. As I had a 
chance to talk to them, I told them that they, along with Members of 
Congress, were probably experiencing mixed emotions at the time, 
similar to the emotions I was experiencing.
  Think about it, on the one hand, we are immensely encouraged by what 
we see. We are encouraged that so many people have gathered here in 
Washington, DC to mark the anniversary of the Roe v. Wade decision. We 
draw comfort from that fact. We are encouraged that our Nation has not 
forgotten that tragic death even 35 years later. We are encouraged that 
we can stand firm in reminding our fellow citizens that all men are 
endowed by their Creator with certain unalienable rights. And most 
importantly of all, is the right to life.
  Finally, we are encouraged that in many cases, our efforts have been 
rewarded. For instance, the number of abortions that are performed 
annually has actually dropped down back to levels not seen since the 
1970s. Still, despite those signs of encouragement, our hearts are 
still heavy with sadness and that is because we mourn the millions of 
babies who have been mercilessly killed before they can even take their 
first single breath. And we grieve for the mothers and fathers who 
suffer from the emotional pain of having to have gone through an 
abortion.
  We lament the fact of a continuing decline of morality, civility, and 
respect for human dignity and worth. For me and my constituents in New 
Jersey, I am particularly disheartened by a study that was released 
just last week that showed that our home State, the so-called Garden 
State, has the second highest abortion rate in the Nation.
  It is in moments like these that we must turn our gaze upward and 
remember the One, the One who created life is also the One who governs 
the universe. He commands us to ``run and not be weary, to walk and not 
faint.''
  And so today, we ultimately find encouragement in knowing that the 
battle is not over. The battle is not ours alone, and the might of 
right is on our side.
  So we will keep working to increase the number of States that have 
substantive parental involvement laws, thereby protecting teens from 
the abortion propaganda. We will continue to prohibit partial-birth 
abortions and fight that in other States as well. And we will show by 
example how to value life.
  Finally, some day I pray that we will experience a January 22 free of 
these mixed emotions. And instead, we will be able to celebrate a 
renewed culture of life in this entire Nation.
  We elected officials come to the floor to remember the weakest among 
us. Yet I know we will succeed not because of who we are, but because 
of what Americans all across this great Nation are doing on behalf of 
life.

                              {time}  2045

  Mrs. BACHMANN. Thank you, Mr. Garrett. Appreciate your kindness and 
your words of love and life for those who are our fellow Americans. 
Thank you, and thank the people of New Jersey for sending you to this 
great body.
  Now we have a man that I've known for a number of years of whom I 
just have great admiration. His name is Mr. Todd Akin from Missouri's 
Second District. I yield to Mr. Akin from Missouri.
  Mr. AKIN. Thank you very much. I'm just so thankful for your 
willingness to take this special hour and organize things here on the 
floor of the U.S. Congress, and your leadership. The people of 
Minnesota are blessed to have you, and I'm just very thankful to be 
able to be a small part.
  But one of the things that those of us who are Members of Congress 
do, as you can imagine, is that we do give speeches. We talk to 
different groups of people, young and old, on all kinds of different 
issues.
  But one of the questions that I love to ask, and it's something that 
we should know the answer to rather quickly, and yet, most Americans 
don't really have the answer quite on the tips of their tongues, and 
that would be to ask the question, what is it that has made America 
such a unique and a special place for all of us to live?
  Now, if you live here, sometimes you can take for granted some of the 
things that we enjoy every day. But America is extremely different.
  First of all, there are all these people from other countries that 
want to come here because they believe that this is the land of 
opportunity; this is where your dreams can become true.
  Aside from that, America has been engaged in a number of huge and 
colossal wars. We find ourselves as the dominant military power on the 
planet. And so through these different wars, did we create empires? Did 
we build kingdoms? The answer is, of course, no. We have named no 
emperors, no kings. In fact, what we did was we voted to tax our 
constituents to rebuild our enemies after we had defeated them.
  America is a unique and special place. But what is it that makes 
America so special? Why do all these different people from different 
nations all come together here for the American Dream? What is it, if 
you were to define it, if you're looking at it like an onion and you're 
to say you peel off the outer layers of fireworks and apple pie and the 
flag and you get to the center of what makes it tick?
  One of the words when I ask this question frequently is the word 
``freedom.'' But freedom doesn't really describe the core principle or 
the logic of on which basis America tips. You know, the people in 
Tiananmen Square, they wanted freedom. They stood up for freedom. They 
were willing to die for freedom. They were greased underneath the 
treads of tanks and they gave their lives, but they didn't get freedom.
  So what is it that produces the freedom? What is it that makes 
America what it is? What is the formula?
  Well, if I were asked that question, I would cheat a little bit. I 
would go

[[Page 450]]

 back to our first great war when America wrote a statement of what we 
believe and what we stand for as a people. It is, of course, called the 
Declaration of Independence. It was the reason why we would dare to 
challenge the biggest military power in the world. And that second 
paragraph, the sentence, ``We hold these truths to be self-evident that 
all men are endowed by their Creator with certain unalienable rights; 
that among these is life, liberty and the pursuit of happiness.'' And 
then the sentence goes on after ``pursuit of happiness,'' and says, 
``And governments are instituted among men deriving their just power 
from the consent of the governed.'' And it goes on to say, the purpose 
of the government is essentially to protect these basic rights. What 
rights? Well, life and liberty and the pursuit of happiness.
  So the engineer in me says, now, let's break this down. How does the 
formula that defines America work? Well, it's based on these ideas: 
One, that there is a God; second of all, that that God grants basic 
fundamental rights to all people; and lastly, the job of civil 
government is to protect those rights.
  Now, if you take a look at that equation then you say, well, what 
does that mean? Well, first of all, we can take away from that the fact 
that if you take God out of the equation, you don't have any 
fundamental rights and the whole American system starts to come 
unglued.
  Second of all, you notice that the rights are not just Americans' 
rights. These are rights for all human beings. This is a powerful idea. 
This idea is being exported overseas, and other people are enthused and 
caught up in the possibility that there is a gracious, loving God that 
gives fundamental rights to all people.
  Another rather straightforward conclusion would be this: That a 
government that does not protect the most fundamental right, the right 
of life, is a government that is not doing its job. It is broken. And 
for those of us in America over these years to have tolerated selling 
the lives of our unborn down the river of convenience, we have violated 
the most fundamental and basic logic of what America has always stood 
for.
  Abortion is so un-American. It's something that people weren't paying 
attention on, and the Court slipped it in on them, and pretty soon 
people started to wake up and say, Oh, my goodness, this is horrible. 
And all across America, people are starting now to wake up.
  Now, because of the nature of the way that the Court usurped their 
power and authority and decided to take the power to themselves to 
create law out of thin air, we have one of the most polarizing issues 
that has confronted our Nation since the days of slavery. And yet, just 
as slavery is fundamentally un-American, so, even more so, anything 
that violates the most fundamental right, the right to life, is 
contrary to everything that Americans have stood for and fought for.
  Now, some people are aware of the fact, now that we're engaged in a 
great war, a war against terrorists, should that surprise us? Well, 
think about it a little bit. What is it that terrorists believe? 
Terrorists believe that, hey, it's okay to blow up a few people to make 
a political statement.
  And what do we believe? We believe right to life is a fundamental, 
God-given right. We are completely on the opposite side of the page of 
the terrorist. The terrorist is a terrorist. And what does that mean? 
Well, it means he wants to compel you into doing something because 
you're so afraid of him. That's not very similar, is it, to what we 
believe; that God gives people the right to life and then the right to 
liberty. The right to liberty is to be able to follow your own 
conscience without being terrorized by some opponent. So it is no big 
surprise that we fight the terrorists because they are fundamentally 
un-American. And yet we have terrorists in our own culture called 
abortionists.
  One of the good pieces of news why we are winning this war is because 
there are not enough heartless doctors being graduated from medical 
schools. There is a real shortage of abortionists. Who wants to be at 
the very bottom of the food chain of the medical profession? And what 
sort of these places do these bottom-of-the-food-chain doctors work in? 
Places that are really a pit. You find that along with the culture of 
death go all kinds of other lawbreaking, the not following good 
sanitary procedures, giving abortions to women who are not actually 
pregnant, cheating on taxes, all these kinds of things, the misuse of 
anesthetic so that people die or almost die. All of these things are 
common practice. And all that information is available for America. And 
the day is coming when this public discussion will continue and America 
will say we're tired of abortion because it's so fundamentally un-
American. And this, like a bad nightmare, will pass away, and there 
will be a day, just as there is today, where people say who would ever 
support slavery. In the future there will be a day when men will say 
who would ever have supported something so un-American as abortion.
  I'm so thankful for the gentlelady for her leadership and for 
allowing us to have a time to engage in this public discussion, 
something that's not going to be done by political tricks, but by the 
conscience of the American public being raised to the point where they 
say, No more. The bad dream is over. We are going to once again honor 
what Americans have always stood for, the God-given right to life and 
liberty and the pursuit of happiness.
  God bless you.
  Mrs. BACHMANN. Thank you, Mr. Akin. It was a delight to be able to 
hear you speak, Mr. Akin. I know the people of Missouri's Second are 
honored that you are their Member of Congress. That was certainly a 
heartfelt emotion that you shared with us at the microphone, and I 
thank you for bringing what for many Americans is the pivotal watershed 
issue of our day, and I thank you for speaking so eloquently to that.
  We have next before us this evening during this hour, Mr. Jeb 
Hensarling from Texas' Fifth District.
  Mr. Hensarling is a very special Member of Congress to me. He is my 
mentor here and is a giant among men in many ways. He's a giant in my 
eyes, and a giant I know for his wife, a giant for his two children.
  He lives the words that he speaks on a daily basis. There is no 
greater testimony that any man or any woman could ever have is the 
testimony of their life, and that, Mr. Hensarling, he knows very well.
  And so with that, I yield to Mr. Jeb Hensarling of Texas' Fifth 
District.
  Mr. HENSARLING. I certainly thank the gentlelady for yielding. I 
thank her for those kind words. And I must admit, at 5'6", I'm rarely 
referred to as a giant, but I certainly take it as a great compliment.
  The gentlelady from Minnesota has done great work in this body. I'm 
honored to serve with her, and I hope her constituents are very proud 
of the work that she has done. She has been a leader on so many issues 
from day one, and I thank her especially on probably the most 
fundamental question we have in American society today, for helping 
lead this Special Order today on the whole question of life.
  Mr. Speaker, I need not tell you that millions of people all across 
America are reflecting upon that Supreme Court decision of decades ago, 
Roe v. Wade. Many Americans are celebrating. Many others are mourning. 
I am mourning. I mourn that decision.
  I'm not naive. I know this question represents one of the great 
political fault lines in America today, and I know many of my 
countrymen feel quite differently than I do. But I just believe in my 
heart, I believe in my head, that there is no more fundamental right 
that we have than the right to life. And it is enshrined in our very 
founding documents that we were created. Our creator brought us into 
this world with certain unalienable rights, including the right to 
life.
  Now, again, Mr. Speaker, I can come to no other conclusion in my 
head, in my heart, than but life begins at conception. And I don't 
understand my countrymen who come to different conclusions. I don't 
hate these people. I don't disparage them. But I have great sadness 
about what has occurred because of their beliefs; that millions of

[[Page 451]]

our countrymen are not here today to take that first breath, to take 
that first walk, to go into that first dance recital, to hit that first 
baseball, to put together that first two plus two equals four, I did it 
daddy. Millions and millions of our fellow countrymen will never 
experience that moment because of what I believe to be a very 
wrongheaded and a very unconstitutional decision made many, many years 
ago.
  And so Mr. Speaker, a battle continues in this great body as a battle 
continues all across our land. And it's not just a battle to change 
laws. It is a battle to change the hearts and minds of our countrymen. 
And again, it's something that I take as an article of faith. But Mr. 
Speaker, if there's any parent in this body who has seen that sonogram 
when your baby is just weeks old, to see that beating heart, to see 
those little fingers, to see those little toes, and know that you have 
this great privilege that God Almighty has entrusted you with this gift 
to nurture this life, how you see that and turn your back on it is 
beyond me, is absolutely beyond me.

                              {time}  2100

  And so, Mr. Speaker, there have been others who have come here 
tonight who are far more eloquent than am I.
  But, Mr. Speaker, I just want to, one, thank all of the fellow 
members of the Republican Study Committee that I have the great honor 
of chairing in this institution, really the conservative caucus in this 
House. I want to thank them for raising their voice on the single most 
important issue we face as a society, and that is the definition of the 
right to life. I want to thank them for coming to this body to do this.
  And Mr. Speaker, I believe that I have a lot of blessings in life. I 
am not sure I will ever have a greater privilege than serving in the 
United States House. I enjoy coming to the floor of this institution 
and being able to talk about my beliefs and my vision for this great 
Republic.
  Like some of us, we have the opportunity to occasionally meet with 
the President of the United States and tell the most powerful man in 
the world what our views are. We have opportunities to salute people 
who deserve recognition. We have all kinds of opportunities that give 
us a lot of self-satisfaction.
  But no matter how many speeches I give on the House floor, no matter 
how many opportunities I have to meet with the President in the Oval 
Office, Mr. Speaker, those opportunities pale, absolutely pale in 
comparison to the opportunity that I have each week to fly home to 
Dallas, Texas, and have my 5-year-old daughter and my 4-year-old son 
run into my arms saying, ``Daddy, Daddy, Daddy. We missed you.''
  And it's just one more reminder, Mr. Speaker, of how critical and how 
precious human life is, and it transcends all of the other debates that 
we have in this institution.
  And so, again, I want to thank all of my fellow members of the 
Republican Study Committee. I want to thank the gentlelady from 
Minnesota adding her leadership and her eloquent voice here tonight. I 
wish I knew what I could say to reach out to my follow citizens and try 
to convince them to treasure human life and to understand how precious 
it is.
  And often when we hear in the debate in this institution that we 
ought to do it for the least of these, truly, truly unborn life is the 
least of these. Let us recognize it. Let us hold it precious. And let 
us live up to our constitutional responsibilities, and let us live up 
to our responsibilities from the Creator and grant our follow citizens 
that precious right to life.
  And so the battle goes on, Mr. Speaker. There has been some progress. 
There are fewer abortions in the land today than there was previously.
  So I continue to be optimistic. I could not serve in this body unless 
I was an optimist. There is much work to be done. But I see a day, it 
may not be in my life, Mr. Speaker, but maybe in the life of my 
children, maybe in the life of my grandchildren, should I be blessed 
with any, that one day all Americans will somehow lock arms and lock 
hearts and decide that they will protect and defend that unalienable 
right to life; and I thank the gentlelady for yielding.
  Ms. BACHMANN. Mr. Speaker, I want to thank Mr. Hensarling from Texas' 
Fifth District. He has confirmed once again to me, Mr. Speaker, that 
not only is he a giant among men here in this body, but he is a gentle 
giant, and those are the greatest of all.
  I think I have seen a tenderness here this evening, a softness and an 
eloquence that he speaks, the foundational nature of the issue that we 
are grappling tonight. There is a sweet sorrow, if you will, regarding 
this subject because we are talking about something that is dealing 
with the foundational nature of this country and yet of all humanity, 
and that is life and what we will do with life.
  And I jotted down just a few words before I came up to manage this 
hour. And I wrote down that every generation, Mr. Speaker, seems to 
grapple with an issue that transcends all others. That issue for 31 
years has been whether government will protect from destruction life, 
innocent human life.
  Our American landscape has changed so dramatically over these last 31 
years. I was in high school when the Roe v. Wade decision came down. I 
hate to admit I was so ignorant when I was a junior in high school, I 
didn't even know what abortion meant. I didn't even know what it was. 
What innocence that time was in the early seventies here in the United 
States.
  In that time, Mr. Speaker, we have lost 50 million fellow Americans, 
and now we've lost the children, some of whom those 50 million would 
have borne. There are 50 million women whose bodies were violated by 
the horrific violence that we call here in this chamber abortion. There 
are 50 million men who have lost out on the tremendous privilege and 
joy of fatherhood, and our Nation today is poorer because we're 
missing, Mr. Speaker, 50 million fellow Americans, so sadly.
  An inordinate number of these 50 million Americans are children of 
color. We needed those children of color in our Nation. We needed those 
African American babies, those Latino babies, those Asian babies. We 
need them, Mr. Speaker, in our Nation.
  And we mourn together the loss of these priceless treasures that 
would have woven a beautiful tapestry of humanity even here in our 
midst. Yes, we mourn with a great sadness, but we also rejoice, and we 
also take great joy in the fact that today, even now, we're making a 
down payment because today is a new day.
  It's a new day for a future of change, and it's my hope and my prayer 
that it is today, Mr. Speaker, that the words that are spoken on this 
floor would captivate the attention of young women and young men across 
our Nation, young people who may have had the chance to turn this show 
this evening on television, who would choose to respect their bodies 
and would choose to respect their sexuality and choose to respect their 
fertility because fertility is a gift. It's not a given. It's a gift.
  Ask those people who can't have children. Ask women with love who 
would love to bear a child but can't, young people who will choose to 
be givers in this Nation, givers to one another in love, givers to 
themselves, givers to our Nation and givers to the next generation of 
Americans.
  Today, earlier, I had the great privilege of being in my home State 
of Minnesota. I went up to the steps of our State capitol. Thousands of 
Minnesotans had gathered. You think it's cold in Washington, DC? There 
is nothing like a March For Life rally in the State of Minnesota. It 
was sub-zero. I wasn't wearing boots. I had a wool overcoat on, and in 
a moment, my feet were tingling, freezing cold. There were thousands 
that were there that had braved sub-zero freezing temperatures, holding 
signs, from cities across the State of Minnesota because they wanted to 
be there to choose life, Mr. Speaker, and march for the greatest gift 
that any of us have ever had, the gift of life.
  I want to take these few minutes right now to thank the Americans and 
the people across the globe who have chosen to adopt children. There is 
no such thing in this country as an unwanted child. There is no such 
thing.

[[Page 452]]

There is a line a mile long of men and women who would give anything 
tonight to adopt a child. Yes, even the less than a perfect child 
there's a mile long group of people who would say me, let me, just like 
Mother Theresa of India who said give them to me and I will take these 
children.
  Thank you to those who have chosen to give life, and whether you kept 
that child or blessed another family with a child, thank you for 
choosing life tonight.
  I want to thank parents who have chosen to be foster parents, who 
have taken children in less than ideal situations, or parents that 
couldn't cope with a child who was difficult. I thank the foster 
parents who have opened your hearts, opened your arms, opened your 
homes, who've inconvenienced yourselves, but yet, you have chosen a 
better way, to give life in a different sort of way to children in 
foster homes.
  I also want to thank the women who have chosen life and the parents 
who have encouraged their young daughters or their sons to be 
supportive of women in a situation where they didn't know if they would 
choose life or if they would choose to take life. I thank the parents.
  It's easy when your child is suffering with an unplanned pregnancy to 
say it's okay, I'll support you, I'll take you to that abortion clinic, 
I will pay for that abortion. But they don't always recognize that 
there is a price that that young woman will pay for the rest of her 
life in her emotion because her arms will be forever empty, and she'll 
know that there is a baby that could have been hers and yet was not, or 
a young man who knows he could have been a father to that baby.
  Parents, think again. Taking the easy way isn't always the easy way, 
Mr. Speaker, and for boyfriends who just heard the news that their 
girlfriend is pregnant, oh, my gosh, of course I will pay for the 
abortion you say, let's do that. You don't need this; I don't need 
this. We've got a whole life in front of us. Who needs this? We can do 
this. I will borrow the money from my parents, the boyfriend might say, 
Mr. Speaker, or yet he might say I'll drop you if you don't have this 
abortion. I'll leave you. I'll walk out on you.
  There's another way. There's another choice. There's a choice called 
life, and it may be inconvenient and it may be embarrassing and it may 
be expensive, and yes, it will change your life and there may be pain, 
but there will be joy when you hear that first cry, when you hold that 
hand that literally covers your finger. And when you look in those eyes 
and you stroke that silky hair, there is nothing like that baby that 
you will see, and it will change your life as a young man. It will 
change your life as a young woman.
  That baby has the power to change America. Every baby has the power 
to change this country. They are America's greatest natural resource.
  I thank my parents, David and Jean, who gave me life. I thank my 
husband who stood by me with our five babies and who stood by me when 
we lost a baby. I thank you for standing by me when we didn't know if 
we could go on anymore, and I thank you for stepping up to the plate, 
for being willing to bring 23 foster children into our home so we could 
offer an alternative for those children and hopefully give them a down 
payment on a future and on a hope.
  These remarks that we gave here tonight are not about condemning 
anyone. Who could? Who could? I couldn't condemn anyone. Who could? But 
it's about lifting up people. We're here to lift up people. These 
remarks tonight weren't given to judge anyone. Who could? We're here to 
heal and offer a healing alternative.
  That's why recently I introduced a bill, and it's a bipartisan bill. 
Democrats are on this bill. Republicans are on this bill. This is not 
partisan. This is about life, and this is about humanity and choosing 
the best that are among us, and in the Positive Alternatives Act, we 
just say something very simply. It says that today there are tax 
dollars that go to Planned Parenthood, the largest provider of abortion 
in the United States. Tax dollars go to Planned Parenthood.
  There are not tax dollars that go to life care centers in this 
country, and we want to change that. We want to level the playing 
field.

                              {time}  2115

  And we want to give a positive alternative all across this great 
country so that there is a chance for men and women to say, let me 
think about this. Maybe I don't want to choose death. Maybe I want to 
choose something else. Maybe there's someone out there who can help me 
through a difficult time, who could help me with my medical needs, who 
could help me to get a job, who could help me get some education, who 
could help me get clothes on my back, who could help me if I want to 
keep this baby, who could help me if I want to give this baby to a 
family who maybe doesn't have a baby. It's just common decency to allow 
for an alternative that leads to life and not lead to guilt and to 
death, and perhaps remorse that even a lifetime could never erase.
  We are such a great country, Mr. Speaker. I know you feel that way, I 
know you do. And we're a blessed country. Let's choose life. Let's 
choose the better way. It's the American way.
  Mr. MANZULLO. Mr. Speaker, I rise in this hour to speak for the 
millions of innocent voices that have been silenced due to the passage 
of Roe v. Wade on this day, 35 years ago.
  Since the passage of Roe v. Wade, the National Right to Life 
estimates that nearly. 50 million lives have been lost. This number is 
staggering.
  What do the deaths of 50 million children, say about the state of our 
Nation? It says that the Declaration of Independence is no longer 
absolute, as its ``unalienable'' right to life only applies when it is 
convenient. It says that Congress can make a Federal crime out of 
roosters crossing State lines, but when a defenseless child is taken 
across state lines to have an abortion, it is merely a ``right''--a 
choice being exercised. It says that seven unelected Supreme Court 
justices ignored the separation of powers, and appointed themselves as 
a superior legislature in order to decide the abortion issue.
  But what is the good news? The good news is that citizens who believe 
that the Constitution protects life in all its seasons have worked to 
educate the public about abortion and the biological development of the 
unborn child, as well as to provide support and options for women when 
they need it the most. As a result, abortion numbers continue to drop 
from a high of over 1.6 million in 1990 to 1.2 million in 2005--proving 
that when given the right options and the whole truth about abortion, 
many women will choose life.
  However, even as the pro-life movement continues to have an impact 
all over the United States, science has opened other doors that 
threaten the sanctity of life in the United States. Mass production of 
cloned embryos to be destroyed in research promotes the same principle 
as abortion--that human life only matters when it is chosen to matter. 
We must continue to be vigilant in protecting human life at its 
creation--whether in the womb or in the lab.

                          ____________________




                             GENERAL LEAVE

  Mrs. BACHMANN. Mr. Speaker, I ask unanimous consent that all Members 
in this body may have 5 legislative days in which to revise and extend 
their remarks and include extraneous material on the subject of this 
Special Order today.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from Minnesota?
  There was no objection.

                          ____________________




                            LEAVE OF ABSENCE

  By unanimous consent, leave of absence was granted to:
  Mr. Davis of Illinois (at the request of Mr. Hoyer) for today and 
January 23, 2008.
  Mr. Watt (at the request of Mr. Hoyer) for today on account of travel 
delays.
  Mr. Sherman (at the request of Mr. Hoyer) for today and January 23, 
2008.
  Mr. Rush (at the request of Mr. Hoyer) for today and January 23, 
2008.
  Mrs. Napolitano (at the request of Mr. Hoyer) for today and January 
23, 2008.
  Ms. Roybal-Allard (at the request of Mr. Hoyer) for today on account 
of illness.
  Mr. Gary G. Miller of California (at the request of Mr. Boehner) for 
today

[[Page 453]]

and the balance of the week on account of personal reasons due to 
family matters.
  Mr. Lucas (at the request of Mr. Boehner) for today on account of 
family illness.

                          ____________________




                         SPECIAL ORDERS GRANTED

  By unanimous consent, permission to address the House, following the 
legislative program and any special orders heretofore entered, was 
granted to:
  (The following Members (at the request of Mr. Pallone) to revise and 
extend their remarks and include extraneous material:)
  Ms. Woolsey, for 5 minutes, today.
  Mr. Cummings, for 5 minutes, today.
  Mr. DeFazio, for 5 minutes, today.
  Mr. Yarmuth, for 5 minutes, today.
  Ms. Kaptur, for 5 minutes, today.
  Mr. Pallone, for 5 minutes, today.
  (The following Members (at the request of Mr. Jones of North 
Carolina) to revise and extend their remarks and include extraneous 
material:)
  Mr. English of Pennsylvania, for 5 minutes, for January 23, 2008.
  Mr. Franks of Arizona, for 5 minutes, for January 29, 2008.
  Mr. Jones of North Carolina, for 5 minutes, for January 29, 2008.
  Mr. Poe, for 5 minutes, for January 29, 2008.
  Mr. Burton of Indiana, for 5 minutes, for today and January 23.
  Mr. Burgess, for 5 minutes, January 23.
  Mr. Dreier, for 5 minutes, January 23.
  Mr. Tiahrt, for 5 minutes, today.

                          ____________________




                              ADJOURNMENT

  Mrs. BACHMANN. Mr. Speaker, I move that the House do now adjourn.
  The motion was agreed to; accordingly (at 9 o'clock and 15 minutes 
p.m.), the House adjourned until tomorrow, Wednesday, January 23, 2008, 
at 10 a.m.

                          ____________________




                     EXECUTIVE COMMUNICATIONS, ETC.

  Under clause 8 of rule XII, executive communications were taken from 
the Speaker's table and referred as follows:

       5065. A letter from the Principal Deputy Associate 
     Administrator, Environmental Protection Agency, transmitting 
     the Agency's final rule -- Mandipropamid; Pesticide Tolerance 
     [EPA-HQ-OPP-2007-0461; FRL-8346-6] received January 15, 2008, 
     pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on 
     Agriculture.
       5066. A letter from the Principal Deputy Associate 
     Administrator, Environmental Protection Agency, transmitting 
     the Agency's final rule -- Acetamiprid; Pesticide Tolerance 
     [EPA-HQ-OPP-2006-0733; FRL-8348-1] received January 15, 2008, 
     pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on 
     Agriculture.
       5067. A letter from the Director, Defense Procurement and 
     Acquisition Policy, Department of Defense, transmitting the 
     Department's final rule -- Defense Federal Acquisition 
     Regulation Supplement; Payment Withholding -- Deletion of 
     Duplicative Text [DFARS Case 2007-D010] (RIN: 0750-AF76) 
     received January 15, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); 
     to the Committee on Armed Services.
       5068. A letter from the Director, Defense Procurement and 
     Acquisition, Department of Defense, transmitting the 
     Department's final rule -- Defense Federal Acquisition 
     Regulation Supplement; Trade Agreements -- New Thresholds 
     [DFARS Case 2007-D023] (RIN: 0750-AF89) received January 15, 
     2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on 
     Armed Services.
       5069. A letter from the Attorney, Office of Assistant 
     General Counsel for Legislation and Regulatory Law, 
     Department of Energy, transmitting the Department's final 
     rule -- Loan Guarantees for Projects That Employ Innovative 
     Technologies (RIN: 1901-AB21) received January 14, 2008, 
     pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Energy 
     and Commerce.
       5070. A letter from the Principal Deputy Associate 
     Administrator, Environmental Protection Agency, transmitting 
     the Agency's final rule -- Approval and Promulgation of Air 
     Quality Implementation Plans; Nevada; Washoe County 8-Hour 
     Ozone Maintenance Plan [EPA-R09-OAR-2007-1079; FRL-8509-2] 
     received January 15, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); 
     to the Committee on Energy and Commerce.
       5071. A letter from the Principal Deputy Associate 
     Administrator, Environmental Protection Agency, transmitting 
     the Agency's final rule -- Approval and Promulgation of Air 
     Quality Implementation Plans; Designation of Areas for Air 
     Quality Planning Purposes; Arizona; San Manuel Sulfur Dioxide 
     State Implementation Plan and Request for Redesignation to 
     Attainment [EPA-R09-OAR-2006-0214; FRL-8514-7] received 
     January 15, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the 
     Committee on Energy and Commerce.
       5072. A letter from the Principal Deputy Associate 
     Administrator, Environmental Protection Agency, transmitting 
     the Agency's final rule -- Approval and Promulgation of State 
     Plans for Designated Facilities and Pollutants; Missouri; 
     Clean Air Mercury Rule [EPA-R07-OAR-2007-0943; FRL-8517-7] 
     received January 15, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); 
     to the Committee on Energy and Commerce.
       5073. A letter from the Principal Deputy Associate 
     Administrator, Environmental Protection Agency, transmitting 
     the Agency's final rule -- Approval and Promulgation of 
     Implementation Plans; New York: Clean Air Interstate Rule 
     [EPA-R02-OAR-2007-0913; FRL-8514-9] received January 15, 
     2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on 
     Energy and Commerce.
       5074. A letter from the Principal Deputy Associate 
     Administrator, Environmental Protection Agency, transmitting 
     the Agency's final rule -- Approval and Promulgation of Air 
     Quality Implementation Plans; Illinois; Revisions to Emission 
     Reduction Market System [EPA-R05-OAR-2007-0183; FRL-8514-5] 
     received January 15, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); 
     to the Committee on Energy and Commerce.
       5075. A letter from the Director, Defense Procurement and 
     Acquisition Policy, Department of Defense, transmitting the 
     Department's final rule -- Defense Federal Acquisition 
     Regulation Supplement; Commercial Item Determinations [DFARS 
     Case 2007-D005] (RIN: 0750-AF78) received January 15, 2008, 
     pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on 
     Oversight and Government Reform.
       5076. A letter from the Director, Defense Procurement and 
     Acquisition Policy, Department of Defense, transmitting the 
     Department's final rule -- Defense Federal Acquisition 
     Regulation Supplement; Closeout of Contract Files [DFARS Case 
     2006-D045] (RIN: 0750-AF61) received January 15, 2008, 
     pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on 
     Oversight and Government Reform.
       5077. A letter from the Director, Defense Procurement and 
     Acquisition Policy, Department of Defense, transmitting the 
     Department's final rule -- Defense Federal Acquisition 
     Regulation Supplement; Combating Trafficking in Persons 
     [DFARS Case 2004-D017] (RIN: 0750-AF11) received January 15, 
     2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on 
     Oversight and Government Reform.
       5078. A letter from the Deputy Director of Civil Works, 
     Department of Defense, transmitting the Department's final 
     rule -- Reissuance of Nationwide Permits [ZRIN 0710-ZA02] 
     received December 20, 2007, pursuant to 5 U.S.C. 
     801(a)(1)(A); to the Committee on Transportation and 
     Infrastructure.
       5079. A letter from the Regulations Officer, FHWA, 
     Department of Transportation, transmitting the Department's 
     final rule -- Temporary Traffic Control Devices [FHWA Docket 
     No. FHWA-2006-25203] (RIN: 2125-AF10) received January 14, 
     2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on 
     Transportation and Infrastructure.
       5080. A letter from the FMCSA Regulatory Ombudsman, 
     Department of Transportation, transmitting the Department's 
     final rule -- Technical Amendments to Federal Motor Carrier 
     Safety Regulations (RIN: 2126-AB13) received January 14, 
     2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on 
     Transportation and Infrastructure.
       5081. A letter from the FMCSA Regulatory Ombudsman, 
     Department of Transportation, transmitting the Department's 
     final rule -- Civil Penalties Adjustments (RIN: 2126-AB12) 
     received January 14, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); 
     to the Committee on Transportation and Infrastructure.
       5082. A letter from the Director of Regulations, Office of 
     Pipeline Safety, Department of Transportation, transmitting 
     the Department's final rule -- Pipeline Safety: Applicability 
     of Public Awareness Regulations to Certain Gas Distribution 
     Operators [Docket ID PHMSA-2003-15852] (RIN: 2137-AE17) 
     received January 14, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); 
     to the Committee on Transportation and Infrastructure.
       5083. A letter from the Regulations Officer, FHWA, 
     Department of Transportation, transmitting the Department's 
     final rule -- National Standards for Traffic Control Devices; 
     the Manual on Uniform Traffic Control Devices for Streets and 
     Highways; Maintaining Traffic Sign Retroflectivity [FHWA 
     Docket No. FHWA-2003-15149] (RIN: 2125-AE98) received January 
     14, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee 
     on Transportation and Infrastructure.
       5084. A letter from the Assistant Chief Counsel for 
     Hazardous Materials Safety, Department of Transportation, 
     transmitting the Department's final rule -- Hazardous 
     Materials: Revisions to the List of Hazardous Substances and 
     Reportable Quantities [Docket No. PHMSA-2006-28711 (HM-145N)] 
     (RIN: 2137-AE24) received January 14, 2008, pursuant to 5 
     U.S.C. 801(a)(1)(A); to the Committee on Transportation and 
     Infrastructure.

[[Page 454]]


       5085. A letter from the Program Analyst, Department of 
     Transportation, transmitting the Department's final rule -- 
     Airworthiness Directives; Airbus Model A330-200 and -300 
     Series Airplanes, and Model A340-200 and -300 Series 
     Airplanes [Docket No. FAA-2007-28925; Directorate Identifier 
     2007-NM-123-AD; Amendment 39-15248; AD 2007-23-02] (RIN: 
     2120-AA64) received January 14, 2008, pursuant to 5 U.S.C. 
     801(a)(1)(A); to the Committee on Transportation and 
     Infrastructure.
       5086. A letter from the Program Analyst, Department of 
     Transportation, transmitting the Department's final rule -- 
     Airworthiness Directives; Fokker Model F.28 Mark 0700 and 
     0100 Airplanes [Docket No. FAA-2007-29064; Directorate 
     Identifier 2007-NM-128-AD; Amendment 39-15249; AD 2007-23-03] 
     (RIN: 2120-AA64) received January 14, 2008, pursuant to 5 
     U.S.C. 801(a)(1)(A); to the Committee on Transportation and 
     Infrastructure.
       5087. A letter from the Program Analyst, Department of 
     Transportation, transmitting the Department's final rule -- 
     Airworthiness Directives; Bombardier Model DHC-8-102, -103, -
     106, -201, -202, -301, -311, and -315 Airplanes [Docket No. 
     FAA-2007-29066; Directorate Identifier 2007-NM-147-AD; 
     Amendment 39-15250; AD 2007-23-04] (RIN: 2120-AA64) received 
     January 14, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the 
     Committee on Transportation and Infrastructure.
       5088. A letter from the Program Analyst, Department of 
     Transportation, transmitting the Department's final rule -- 
     Airworthiness Directives; Airbus Model A310 Series Airplanes 
     [Docket No. FAA-2007-28922; Directorate Identifier 2007-NM-
     132-AD; Amendment 39-15225; AD 2007-21-07] (RIN: 2120-AA64) 
     received January 14, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); 
     to the Committee on Transportation and Infrastructure.
       5089. A letter from the Program Analyst, Department of 
     Transportation, transmitting the Department's final rule -- 
     Airworthiness Directives; Saab Model SAAB 2000 Airplanes 
     [Docket No. FAA-2007-29171; Directorate Identifier 2007-NM-
     154-AD; Amendment 39-15251; AD 2007-23-05] (RIN: 2120-AA64) 
     received January 14, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); 
     to the Committee on Transportation and Infrastructure.
       5090. A letter from the Program Analyst, Department of 
     Transportation, transmitting the Department's final rule -- 
     Airworthiness Directives; Bombardier Model DHC-8-400 Series 
     Airplanes [Docket No. FAA-2007-29235; Directorate Identifier 
     2007-NM-232-AD; Amendment 39-15245; AD 2007-22-09] (RIN: 
     2120-AA64) received January 14, 2008, pursuant to 5 U.S.C. 
     801(a)(1)(A); to the Committee on Transportation and 
     Infrastructure.
       5091. A letter from the Program Analyst, Department of 
     Transportation, transmitting the Department's final rule -- 
     Airworthiness Directives; General Electric Company (GE) CF6-
     80C2D1F Turbofan Engines [Docket No. FAA-2007-28319; 
     Directorate Identifier 2007-NE-27-AD; Amendment 39-15243; AD 
     2007-22-07] (RIN: 2120-AA64) received January 14, 2008, 
     pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on 
     Transportation and Infrastructure.
       5092. A letter from the Program Analyst, Department of 
     Transportation, transmitting the Department's final rule -- 
     Airworthiness Directives; Bombardier Model DHC-8-102, -103, -
     106, -201, -202, -301, -311, and -315 Airplanes [Docket No. 
     FAA-2007-28371; Directorate Identifier 2007-NM-040-AD; 
     Amendment 39-15234; AD 2007-21-16] (RIN: 2120-AA64) received 
     January 14, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the 
     Committee on Transportation and Infrastructure.
       5093. A letter from the Program Analyst, Department of 
     Transportation, transmitting the Department's final rule -- 
     Airworthiness Directives; EADS SOCATA Model TBM 700 Airplanes 
     [Docket No. FAA-2007-28645; Directorate Identifier 2007-CE-
     059-AD; Amendment 39-15228; AD 2007-21-10] (RIN: 2120-AA64) 
     received January 14, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); 
     to the Committee on Transportation and Infrastructure.
       5094. A letter from the Program Analyst, Department of 
     Transportation, transmitting the Department's final rule -- 
     Airworthiness Directives; Hawker Beechcraft Model Hawker 
     800XP Airplanes [Docket No. FAA-2007-28810; Directorate 
     Identifier 2007-NM-104-AD; Amendment 39-15226; AD 2007-21-08] 
     (RIN: 2120-AA64) received January 14, 2008, pursuant to 5 
     U.S.C. 801(a)(1)(A); to the Committee on Transportation and 
     Infrastructure.
       5095. A letter from the Program Analyst, Department of 
     Transportation, transmitting the Department's final rule -- 
     Airworthiness Directives; Airbus Model A300-600 Series 
     Airplanes; and Model A310 Series Airplanes [Docket No. FAA-
     2007-28663; Directorate Identifier 2006-NM-223-AD; Amendment 
     39-15221; AD 2007-21-03] (RIN: 2120-AA64) received January 
     14, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee 
     on Transportation and Infrastructure.
       5096. A letter from the Program Analyst, Department of 
     Transportation, transmitting the Department's final rule -- 
     Airworthiness Directives; Airbus Model A310 Series Airplanes 
     [Docket No. FAA-2007-27925; Directorate Identifier 2006-NM-
     183-AD; Amendment 39-15232; AD 2007-21-14] (RIN: 2120-AA64) 
     received January 14, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); 
     to the Committee on Transportation and Infrastructure.
       5097. A letter from the Program Analyst, Department of 
     Transportation, transmitting the Department's final rule -- 
     Airworthiness Directives; Empresa Brasileira de Aeronautica 
     S.A. (EMBRAER) Model EMB-135BJ Airplanes [Docket No. FAA-
     2007-28909; Directorate Identifier 2007-NM-135-AD; Amendment 
     39-15230; AD 2007-21-12] (RIN: 2120-AA64) received January 
     14, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee 
     on Transportation and Infrastructure.
       5098. A letter from the Program Analyst, Department of 
     Transportation, transmitting the Department's final rule -- 
     Airworthiness Directives; Boeing Model 707 Airplanes and 
     Model 720 and 720B Series Airplanes [Docket No. FAA-2007-
     28811; Directorate Identifier 2006-NM-246-AD; Amendment 39-
     15233; AD 2007-21-15] (RIN: 2120-AA64) received January 14, 
     2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on 
     Transportation and Infrastructure.
       5099. A letter from the Program Analyst, Department of 
     Transportation, transmitting the Department's final rule -- 
     Airworthiness Directives; Boeing Model 747 and 767 Airplanes 
     [Docket No. FAA-2005-21701; Directorate Identifier 2005-NM-
     086-AD; Amendment 39-15231; AD 2007-21-13] (RIN: 2120-AA64) 
     received January 14, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); 
     to the Committee on Transportation and Infrastructure.

                          ____________________




         REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS

  Under clause 2 of rule XIII, reports of committees were delivered to 
the Clerk for printing and reference to the proper calendar, as 
follows:

       Mr. OBERSTAR: Committee on Transportation and 
     Infrastructure. House Resolution 866. A resolution honoring 
     the brave men and women of the United States Coast Guard 
     whose tireless work, dedication, and commitment to protecting 
     the United States have led to the Coast Guard seizing over 
     350,000 pounds of cocaine at sea during 2007, far surpassing 
     all of our previous records (Rept. 110-513). Referred to the 
     House Calendar.
       Mr. CONYERS: Committee on the Judiciary. H.R. 3992. A bill 
     to amend title I of the Omnibus Crime Control and Safe 
     Streets Act of 1968 to provide grants for the improved mental 
     health treatment and services provided to offenders with 
     mental illnesses, and for other purposes (Rept. 110-514). 
     Referred to the Committee of the Whole House on the State of 
     the Union.

                          ____________________




                      PUBLIC BILLS AND RESOLUTIONS

  Under clause 2 of rule XII, public bills and resolutions were 
introduced and severally referred, as follows:

           By Mr. HERGER:
       H.R. 5085. A bill to amend the Internal Revenue Code of 
     1986 to expand expensing for small business; to the Committee 
     on Ways and Means.
           By Mr. PALLONE:
       H.R. 5086. A bill to require the Attorney General to issue 
     guidelines delineating when to enter into deferred 
     prosecution agreements, to require judicial sanction of 
     deferred prosecution agreements, and to provide for Federal 
     monitors to oversee deferred prosecution agreements; to the 
     Committee on the Judiciary.
           By Mr. MITCHELL (for himself and Mr. Paul):
       H.R. 5087. A bill to prevent Members of Congress from 
     receiving the automatic pay adjustment scheduled to take 
     effect in 2009; to the Committee on House Administration, and 
     in addition to the Committee on Oversight and Government 
     Reform, for a period to be subsequently determined by the 
     Speaker, in each case for consideration of such provisions as 
     fall within the jurisdiction of the committee concerned.
           By Mr. JORDAN:
       H.R. 5088. A bill to suspend temporarily the duty on 
     certain laundry work surfaces; to the Committee on Ways and 
     Means.
           By Mr. BARROW:
       H.R. 5089. A bill to reform the veterans' disability 
     determination process by requiring the Secretary of Veterans 
     Affairs to pay disability compensation to certain veterans 
     based on the concurring diagnosis of two physicians; to the 
     Committee on Veterans' Affairs.
           By Mr. BARROW:
       H.R. 5090. A bill to amend the Family and Medical Leave Act 
     of 1993 to permit a family member of a wounded veteran to 
     take leave under such Act after a lesser period of service 
     with an employer; to the Committee on Education and Labor, 
     and in addition to the Committees on Oversight and Government 
     Reform, and House Administration, for a period to be 
     subsequently determined by the Speaker, in each case for 
     consideration of such provisions as fall within the 
     jurisdiction of the committee concerned.
           By Mr. BURTON of Indiana:
       H.R. 5091. A bill to prevent Members of Congress from 
     receiving the automatic pay adjustment scheduled to take 
     effect in 2009; to the Committee on House Administration, and 
     in addition to the Committee on Oversight and Government 
     Reform, for a period

[[Page 455]]

     to be subsequently determined by the Speaker, in each case 
     for consideration of such provisions as fall within the 
     jurisdiction of the committee concerned.
           By Mr. COBLE:
       H.R. 5092. A bill to extend the temporary suspension of 
     duty on acrylic or modoacrylic staple fibers, not carded, 
     combed, or otherwise processed for spinning; to the Committee 
     on Ways and Means.
           By Mr. COBLE:
       H.R. 5093. A bill to extend the temporary suspension of 
     duty on acrylic or modacrylic filament tow; to the Committee 
     on Ways and Means.
           By Mr. COBLE:
       H.R. 5094. A bill to extend the temporary suspension of 
     duty on acrylic or modacrylic stable fibers, carded, combed, 
     or otherwise processed for spinning; to the Committee on Ways 
     and Means.
           By Mr. COBLE:
       H.R. 5095. A bill to extend the temporary suspension of 
     duty on filament tow of rayon; to the Committee on Ways and 
     Means.
           By Mr. COBLE:
       H.R. 5096. A bill to extend the temporary suspension of 
     duty on certain staple fibers of viscose rayon, not carded, 
     combed, or otherwise processed for spinning; to the Committee 
     on Ways and Means.
           By Mr. COBLE:
       H.R. 5097. A bill to extend the temporary suspension of 
     duty on certain staple fibers of viscose rayon, carded, 
     combed, or otherwise processed for spinning; to the Committee 
     on Ways and Means.
           By Mr. COBLE:
       H.R. 5098. A bill to extend the temporary suspension of 
     duty on staple fibers of viscose rayon, not carded, combed, 
     or otherwise processed for spinning; to the Committee on Ways 
     and Means.
           By Mr. GRAVES:
       H.R. 5099. A bill to amend title 49, United States Code, to 
     establish additional goals for airport master plans; to the 
     Committee on Transportation and Infrastructure.
           By Mr. SIMPSON:
       H.R. 5100. A bill to extend the temporary suspension of 
     duty on certain semi-manufactured forms of gold; to the 
     Committee on Ways and Means.
           By Mr. GENE GREEN of Texas (for himself and Mr. Poe):
       H. Res. 934. A resolution congratulating the city of 
     Baytown, Texas, on its 60th anniversary; to the Committee on 
     Oversight and Government Reform.

                          ____________________




                          ADDITIONAL SPONSORS

  Under clause 7 of rule XII, sponsors were added to public bills and 
resolutions as follows:

       H.R. 211: Mr. Buchanan.
       H.R. 368: Mr. Jackson of Illinois.
       H.R. 551: Mrs. Lowey.
       H.R. 618: Mr. Wittman of Virginia, Mr. Graves, and Mr. 
     Latham.
       H.R. 619: Mr. Udall of Colorado.
       H.R. 620: Mr. Watt.
       H.R. 676: Mr. Moran of Virginia.
       H.R. 821: Mr. Reynolds and Mr. Sestak.
       H.R. 822: Mrs. Napolitano.
       H.R. 861: Mr. Barrett of South Carolina.
       H.R. 871: Mr. Pascrell.
       H.R. 992: Mr. George Miller of California.
       H.R. 1032: Ms. Richardson, Mr. Lewis of Georgia, and Ms. 
     Lee.
       H.R. 1063: Mr. Graves.
       H.R. 1110: Mrs. Napolitano, Mr. Lamborn, Ms. Loretta 
     Sanchez of California, and Mr. Issa.
       H.R. 1280: Ms. Tsongas.
       H.R. 1390: Mr. Udall of Colorado.
       H.R. 1553: Mr. Mitchell, Mr. Ryan of Ohio, Mr. Boozman, and 
     Mr. Gilchrest.
       H.R. 1621: Mr. Peterson of Minnesota and Mr. Emanuel.
       H.R. 1667: Mr. McNerney.
       H.R. 1691: Mr. Van Hollen.
       H.R. 1747: Mr. Markey.
       H.R. 1843: Mr. Etheridge, Mr. Murphy of Connecticut, and 
     Mr. Wittman of Virginia.
       H.R. 1912: Mr. Frank of Massachusetts.
       H.R. 1914: Mr. Kline of Minnesota.
       H.R. 1961: Mr. Frank of Massachusetts.
       H.R. 1964: Mr. Pallone and Mr. Gutierrez.
       H.R. 1968: Mrs. Napolitano.
       H.R. 2032: Mr. Frank of Massachusetts.
       H.R. 2052: Ms. Herseth Sandlin and Mr. Berman.
       H.R. 2063: Mr. Lampson and Ms. Hooley.
       H.R. 2091: Mr. Castle and Mr. Clay.
       H.R. 2092: Mr. Braley of Iowa.
       H.R. 2138: Ms. Fallin and Mr. Walsh of New York.
       H.R. 2164: Mr. McCarthy of California and Mr. Oberstar.
       H.R. 2169: Mr. Towns and Ms. Tsongas.
       H.R. 2255: Mr. Davis of Alabama.
       H.R. 2266: Mr. Andrews and Mr. Doggett.
       H.R. 2287: Mr. Davis of Kentucky and Mr. Alexander.
       H.R. 2320: Mr. Bilbray.
       H.R. 2370: Mr. Hinojosa.
       H.R. 2548: Mr. Blumenauer.
       H.R. 2676: Mrs. Maloney of New York and Mrs. Schmidt.
       H.R. 2702: Mr. Andrews.
       H.R. 2712: Mr. Wilson of South Carolina, Mr. Goodlatte, and 
     Mr. Buyer.
       H.R. 2834: Ms. Linda T. Sanchez of California.
       H.R. 2926: Mr. Filner.
       H.R. 2933: Mr. Van Hollen and Mr. Snyder.
       H.R. 2965: Mr. Van Hollen and Mr. Braley of Iowa.
       H.R. 3010: Mr. Arcuri and Ms. Woolsey.
       H.R. 3014: Ms. Berkley and Mr. Cohen.
       H.R. 3042: Mr. Hinojosa.
       H.R. 3098: Mrs. Boyda of Kansas.
       H.R. 3119: Mr. Davis of Illinois.
       H.R. 3168: Mr. Klein of Florida.
       H.R. 3175: Mr. Hinojosa.
       H.R. 3326: Ms. Matsui and Ms. Zoe Lofgren of California.
       H.R. 3329: Mr. Hinojosa, Mr. Courtney, and Mr. Peterson of 
     Minnesota.
       H.R. 3430: Ms. Woolsey and Mr. Bishop of Georgia.
       H.R. 3481: Mr. Serrano.
       H.R. 3533: Mr. Jefferson.
       H.R. 3598: Mr. Smith of New Jersey, Mr. Walz of Minnesota, 
     Ms. Solis, Mr. Oberstar, Mr. Holt, Mr. McGovern, Mrs. Maloney 
     of New York, Mr. McDermott, Mr. Hinchey, Mr. Honda, Mr. 
     Braley of Iowa, Mr. Israel, Ms. Hirono, and Mr. Kildee.
       H.R. 3646: Mr. Mario Diaz-Balart of Florida and Ms. Eddie 
     Bernice Johnson of Texas.
       H.R. 3663: Mr. Engel, Mr. Murphy of Connecticut, Mr. Price 
     of North Carolina, Mrs. Lowey, Mr. Kennedy, Mr. Mitchell, and 
     Ms. Velazquez.
       H.R. 3689: Mr. Hinojosa, Mr. Boozman, Ms. Clarke, Mr. 
     Jefferson, and Mr. Kennedy.
       H.R. 3700: Mr. Jefferson.
       H.R. 3819: Mr. Miller of Florida.
       H.R. 3934: Mr. Souder, Mr. Shuster, Mr. McGovern, and Ms. 
     Roybal-Allard.
       H.R. 3955: Mr. Wamp.
       H.R. 4057: Mr. Alexander.
       H.R. 4088: Mr. Sestak.
       H.R. 4097: Mr. Abercrombie, Mr. Reyes, Mr. Johnson of 
     Georgia, and Mr. Taylor.
       H.R. 4129: Ms. DeGette and Mrs. Napolitano.
       H.R. 4157: Mrs. Cubin.
       H.R. 4236: Ms. Schakowsky, Mr. Hastings of Florida, Ms. 
     McCollum of Minnesota, Mr. Visclosky, and Mr. Clay.
       H.R. 4296: Mr. Altmire.
       H.R. 4318: Mr. Sam Johnson of Texas.
       H.R. 4335: Mr. Sestak, Mr. Ruppersberger, Mr. Miller of 
     North Carolina, Mr. Courtney, Ms. Sutton, and Mr. Al Green of 
     Texas.
       H.R. 4652: Ms. Moore of Wisconsin and Ms. Schakowsky.
       H.R. 4807: Mr. Gene Green of Texas.
       H.R. 4841: Mr. Baca and Mr. Cole of Oklahoma.
       H.R. 4936: Mr. DeFazio, Mr. Crowley, Mr. Berman, Mr. Brown 
     of South Carolina, Mr. Rothman, and Mr. Hare.
       H.R. 4959: Mr. Hinchey, Mr. Doggett, Mr. Bishop of New 
     York, Mr. McGovern, Mr. Courtney, Ms. Shea-Porter, Mr. 
     McDermott, Mr. George Miller of California, Mr. Farr, Mr. 
     Blumenauer, and Ms. Hirono.
       H.R. 4987: Mr. Royce, Mr. Bilirakis, Mrs. Blackburn, Ms. 
     Ginny Brown-Waite of Florida, Mr. Goode, Mr. Tancredo, Mr. 
     Whitfield of Kentucky, Mr. Burton of Indiana, Mr. Gingrey, 
     Mr. Sali, Mr. Graves, Ms. Foxx, Mrs. Myrick, Mr. Coble, Mr. 
     Hoekstra, Mr. Simpson, Mr. Rohrabacher, and Mr. Rogers of 
     Alabama.
       H.R. 4995: Mr. Sessions, Mr. Bilbray, Mrs. Myrick, Mr. 
     Wilson of South Carolina, Mr. Dreier, Mr. Keller, and Mr. 
     Kirk.
       H.R. 5036: Mrs. Tauscher, Ms. Giffords, Ms. Corrine Brown 
     of Florida, and Mr. Boyd of Florida.
       H.R. 5056: Mr. Conyers, Ms. Eddie Bernice Johnson of Texas, 
     and Mr. Stark.
       H.R. 5058: Mr. Cleaver.
       H.J. Res. 64: Mr. Capuano, Mr. Bishop of New York, Mr. 
     Welch of Vermont, Mrs. Maloney of New York, and Mr. Thompson 
     of California.
       H.J. Res. 70: Mr. Radanovich.
       H.J. Res. 76: Ms. Norton, Mr. Wamp, and Mr. Yarmuth.
       H. Con. Res. 32: Mr. Shays and Mr. Rogers of Michigan.
       H. Con. Res. 198: Mr. Scott of Virginia, Mr. Gonzalez, and 
     Mr. George Miller of California.
       H. Con. Res. 223: Mr. Price of North Carolina.
       H. Con. Res. 232: Mr. Feeney.
       H. Con. Res. 263: Mr. Bonner, Mr. Garrett of New Jersey, 
     Mr. Campbell of California, Mr. Jordan of Ohio, Mr. Barrett 
     of South Carolina, Mr. Shadegg, Mr. Ryan of Wisconsin, Mr. 
     Smith of Texas, Mrs. Bachmann, Mr. Wilson of South Carolina, 
     and Mr. Pearce.
       H. Con. Res. 273: Mr. Bilbray.
       H. Con. Res. 280: Ms. McCollum of Minnesota, Ms. Eddie 
     Bernice Johnson of Texas, Mr. Sires, Mr. Payne, Mr. Hastings 
     of Florida, Mr. Serrano, and Mr. Butterfield.
       H. Res. 102: Mr. Royce.
       H. Res. 532: Mr. McCaul of Texas.
       H. Res. 543: Mr. Gilchrest and Mr. Cummings.
       H. Res. 700: Mr. Hill and Mr. Towns.
       H. Res. 758: Mr. McCotter. 
       H. Res. 795: Mr. Chabot and Mr. Peterson of Minnesota.
       H. Res. 821: Mr. Jones of North Carolina.
       H. Res. 838: Mr. Chabot, Mr. Hinojosa, Mr. Holt, Mr. 
     Jordan, of Ohio Mr. Lampson, Mr. Lipinski, and Mr. Walsh of 
     New York.
       H. Res. 854: Mr. McHugh.
       H. Res. 858: Mr. Holt, Mr. Cohen, Mr. Towns, Mr. Davis of 
     Illinois, Mr. Sestak,

[[Page 456]]

     Mr. Walden of Oregon, Mr. Brady of Pennsylvania, and Ms. 
     Bordallo.
       H. Res. 886: Mr. Poe.
       H. Res. 889: Mr. Fortuno, Mr. Towns, and Ms. Jackson-Lee of 
     Texas.
       H. Res. 908: Ms. Kilpatrick.
       H. Res. 916: Mr. Souder, Mr. Tiberi, Mrs. Maloney of New 
     York, Mr. Patrick Murphy of Pennsylvania, Mr. Wolf, Mr. 
     Radanovich, Mr. Lewis of Kentucky, Mr. Burgess, Ms. Hirono, 
     Mr. Latta, and Mr. Tim Murphy of Pennsylvania.
       H. Res. 917: Mr. Kuhl of New York, Mr. McGovern, Mr. Udall 
     of Colorado, and Mrs. McMorris Rodgers.
       H. Res. 932: Ms. Kilpatrick and Mr. Snyder.

                          ____________________




        DELETIONS OF SPONSORS FROM PUBLIC BILLS AND RESOLUTIONS

  Under clause 7 of rule XII, sponsors were deleted from public bills 
and resolutions as follows:

       H.R. 3120: Mr. Feeney.
       
       


[[Page 457]]

                    SENATE--Tuesday, January 22, 2008

             (Legislative day of Thursday, January 3, 2008)
  The Senate met at 10 a.m., on the expiration of the recess, and was 
called to order by the Vice President (Mr. Cheney).
                                 ______
                                 

                                 prayer

  The Chaplain, Dr. Barry C. Black, offered the following prayer:
  Let us pray.
  Eternal King, God of fresh starts and new beginnings, thank You for 
the gracious love and provision which You have lavished on us. As we 
begin the work of this second session of the 110th Congress, we commit 
anew our lives to You. Let this commitment empower us to keep our 
priorities in order so we may honor You with our work.
  Guide our Senators. Help them to be accountable to the people who 
gave them their mandate and to the world which looks to this body for 
responsible leadership. But most of all, strengthen them to be 
accountable to You, the author and finisher of their destinies.
  We pray in Your sovereign Name. Amen.

                          ____________________




                          PLEDGE OF ALLEGIANCE

  The VICE PRESIDENT led the Pledge of Allegiance, as follows:

       I pledge allegiance to the Flag of the United States of 
     America, and to the Republic for which it stands, one nation 
     under God, indivisible, with liberty and justice for all.

                          ____________________




                       CERTIFICATE OF APPOINTMENT

  The VICE PRESIDENT. The Chair lays before the Senate the certificate 
of appointment to fill the vacancy created by the resignation of former 
Senator Trent Lott of Mississippi. The certificate, the Chair is 
advised, is in the form suggested by the Senate and contains all the 
essential requirements suggested by the Senate. If there be no 
objection, the reading of the above-mentioned certificate will be 
waived, and it will be printed in full in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                             State of Mississippi,


                                       Office of the Governor.

                       Certificate of Appointment

     To the President of the Senate of the United States:
       This is to certify that, pursuant to the power vested in me 
     by the Constitution of the United States and the laws of the 
     State of Mississippi, I, Haley Barbour, the Governor of said 
     State, do hereby appoint Roger F. Wicker a Senator from said 
     State to represent said State in the Senate of the United 
     States until the vacancy therein caused by the resignation of 
     Chester Trent Lott, is filled by election as provided by law.
       WITNESS: His Excellency our Governor Haley Barbour, and our 
     seal hereto affixed at Jackson, Mississippi this 31st day of 
     December, in the year of our Lord 2007.
           By the Governor:
                                                    Haley Barbour,
     Governor.

                          ____________________




                    ADMINISTRATION OF OATH OF OFFICE

  The VICE PRESIDENT. If the Senator-designate will present himself at 
the desk, the Chair will administer the oath of office as required by 
the Constitution and prescribed by law.
  The Senator-designate, escorted by Mr. Cochran, advanced to the desk 
of the Vice President, the oath prescribed by law was administered to 
him by the Vice President, and he subscribed to the oath in the 
Official Oath Book.
  The VICE PRESIDENT. Congratulations.
  (Applause, Senators rising.)

                          ____________________




                   RECOGNITION OF THE MINORITY LEADER

  The PRESIDING OFFICER (Mr. Tester). The Republican leader is 
recognized.

                          ____________________




                     WELCOMING SENATOR ROGER WICKER

  Mr. McCONNELL. Mr. President, with a new year we welcome the newest 
Senator, Roger Wicker of Mississippi, to the 110th Congress. With the 
resignation of our friend, Trent Lott, the former Republican whip, 
Governor Haley Barbour has appointed Senator Wicker to fill the 
remainder of his term. He could not have made a finer choice.
  Senator Wicker may be new to this Chamber, but he is no stranger to 
serving the people of Mississippi and the Nation. The son of a 
Mississippi State senator and circuit judge, public service has long 
been his life's calling.
  It all began with his service as a House page in 1967 to 
Representative Jamie Whitten, the man he would one day succeed in the 
House of Representatives. Senator Wicker is one of the few people in 
history to have served as a House page for the Congressman he 
eventually replaced.
  His first stint of public service left him wanting more. He served 
his country in the Air Force and retired from the Air Force Reserves in 
2004 with the rank of lieutenant colonel.
  He returned to the Hill in 1980 as a staffer to then-Representative 
Trent Lott, a man he would come to know very well. In fact, Senator 
Wicker has known and worked with both Senators Cochran and Lott for 
many years.
  In fact, he and Senator Cochran were both born in the Mississippi 
town of----
  Mr. COCHRAN. Pontotoc.
  Mr. McCONNELL. Pontotoc. I wanted to make sure I got that right. I am 
sure Senator Wicker's friendship with both of these men will only 
benefit him as he takes up his new office.
  In 1987, at age 36, Senator Wicker was the first Republican ever 
elected to the Mississippi State senate from northern Mississippi since 
Reconstruction. In 1994, he was elected to the U.S. House to succeed 
Jamie Whitten, ending over 53 years of Democratic possession of that 
seat. Senator Wicker quickly became one of the stars of the House 
freshman class of 1994. He was elected the president of that class. He 
won a seat on the powerful Appropriations Committee, and he served on 
the leadership team as a deputy whip.
  Around this time, Senator Wicker also gained a keen understanding of 
how to handle the press attention that goes with being a Member of 
Congress. Allow me to share with my colleagues a brief story to 
illustrate.
  It was 3 days after the historic election of 1994 which gave the 
Republicans control of the House of Representatives for the first time 
in 40 years. Naturally, the 73 Members of the 1994 freshman class--one 
of the largest ever--were getting a lot of media attention.
  So early that morning, Roger Wicker, the newly elected Congressman, 
was shaving. Suddenly his daughter burst in and breathlessly yelled, 
``Dad, it's Time magazine on the phone.''
  This was an important moment. So Congressman Wicker calmly wiped the 
shaving cream off his face and gathered his thoughts. Then he strode 
purposefully into the den and picked up the phone.
  ``Hello, this is Roger Wicker,'' he said, in his most congressional 
voice. The voice at the other end of the line responded, ``Mr. Wicker, 
this is Time magazine calling. For only a $19.95 annual subscription . 
. .''
  Senator Wicker will surely have some Members of the press who want to 
talk to him today, and I doubt they

[[Page 458]]

will try to sell him magazine subscriptions. Today, Senator Wicker is 
the story.
  Senator Wicker, welcome to the U.S. Senate. With a seat in this 
Chamber, you not only have a unique view of history but a unique 
opportunity to shape that history for the betterment of the people of 
Mississippi and of your country.
  Mr. President, I yield the floor.

                          ____________________




                   RECOGNITION OF THE MAJORITY LEADER

  The PRESIDING OFFICER. The majority leader is recognized.

                          ____________________




                                SCHEDULE

  Mr. REID. Mr. President, today we are going to move shortly to the 
Indian health bill. We have a little business we need to take care of 
prior to that. We are going to be in a period of morning business. We 
will add to that period of morning business whatever time the 
Republican leader used. When we get to morning business, the first 30 
minutes will be under the control of the Republicans. The majority will 
control the 30 minutes that follow.
  Following morning business, the Senate will begin consideration of S. 
1200, the Indian health bill. There will be amendments offered today. 
We are not going to vote until 5:30. We hope to have a number of votes 
at that time.
  On Wednesday, the Republicans will conduct a 1-day retreat or 
meeting. They are going to be at the Library of Congress. The Senate 
will be in session, and hopefully any amendments from the Democratic 
side will be offered and debated at that time.
  Another issue which the Senate will be considering--and I will talk 
about that in a little bit--is the FISA legislation. That matter is 
going to expire on February 1.

                          ____________________




    HONORING THE LIFE AND EXTRAORDINARY CONTRIBUTIONS OF DIANE WOLF

  Mr. REID. Mr. President, I ask unanimous consent that the Senate 
proceed to the consideration of S. Res. 419.
  The PRESIDING OFFICER. The clerk will report the resolution by title.
  The assistant legislative clerk read as follows:

       A resolution (S. Res. 419) honoring the life and 
     extraordinary contributions of Diane Wolf.

  There being no objection, the Senate proceeded to consider the 
resolution.
  Mr. REID. Mr. President, I ask unanimous consent that the resolution 
be agreed to, the preamble be agreed to, the motions to reconsider be 
laid upon the table, and that any statements relating to this matter be 
printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The resolution (S. Res. 419) was agreed to.
  The preamble was agreed to.
  The resolution, with its preamble, reads as follows:

                              S. Res. 419

       Whereas the Senate has heard with profound sorrow and deep 
     regret of the untimely death of Diane Wolf, a member of the 
     Senate Preservation Board of Trustees and a former 
     distinguished member of the United States Commission of Fine 
     Arts; and
       Whereas for over 2 decades Diane Wolf devoted extraordinary 
     personal efforts to and displayed great passion for the 
     preservation and restoration of the United States Capitol 
     Building, and was singularly instrumental in supporting and 
     guiding the early efforts of the United States Capitol 
     Preservation Commission and developing the plans for striking 
     the coins commemorating the Bicentennial of the United States 
     Capitol: Now, therefore, be it
       Resolved, That the Senate--
       (1) honors the life and extraordinary contributions of 
     Diane Wolf;
       (2) conveys its sorrow and deepest condolences to the 
     family of Diane Wolf on her untimely death; and
       (3) requests the Secretary of the Senate to convey an 
     enrolled copy of this resolution to the family of Diane Wolf.

  Mr. BYRD. Mr. President, I wish today to recognize the public service 
contributions of Diane Wolf. I also wish to join in cosponsoring the 
Senate resolution expressing condolences to the family of Ms. Wolf upon 
her unexpected passing. Diane Wolf was a unique and remarkable 
individual. Diane Wolf was very inspired by our democratic institutions 
and, with an abundance of energy and goodwill, she inspired others to 
share her appreciation for the blessings of our liberties and the 
institutions that protect them. She was an enthusiastic student of the 
form and process of our representative democracy and she greatly 
admired the structures that house our government, especially the 
``Shrine of Democracy''--the U.S. Capitol.
  It was her appreciation of the art, architecture, and history of the 
Capitol that initially brought Ms. Wolf to my attention. At that time, 
Ms. Wolf served as a member of the U.S. Commission of Fine Art, which 
oversees the design of U.S. coins. During my second tenure as majority 
leader of the Senate in 1988, I sponsored and achieved passage of a 
bill establishing the Capitol Preservation Commission and a bill 
authorizing the Congressional Bicentennial Coin Program. As these 
legislative items were developed, considered, and passed, Diane Wolf 
provided a wealth of ideas, expertise, and counsel, and the results of 
her efforts will prove beneficial to Americans and their Capitol for 
perhaps as long as this building shall stand.
  As stated in the Capitol Preservation Commission law, the purpose of 
that Commission is to provide for ``improvements in, preservation of, 
and acquisitions for, the United States Capitol'' Additionally, through 
the Congressional Bicentennial Coin Program, Congress celebrated its 
inception and history by authorizing the minting of three commemorative 
coins, the surcharges of which were made available to the Capitol 
Preservation Commission for the preservation and improvement of the 
Capitol. As I stated on the Senate floor on October 7, 1988, these 
proceeds would provide historic art, furnishings, and documents for 
display in public areas of the Capitol to be seen by millions of 
Americans and international visitors for generations to come.
  Diane Wolf was a very accomplished individual. She earned her 
undergraduate degree cum laude from the University of Pennsylvania, 
became a teacher with masters degree in education from Columbia 
University, and later became an attorney after graduating the 
Georgetown University Law Center. She served as President of the 
Capitol Hill chapter of the Federal Bar Association and was a member of 
the Senate Preservation Board of Trustees. Ms. Wolf also contributed 
actively to several other national and local civic organizations. She 
served on boards and councils supporting the National Archives, the 
Library of Congress, National Public Radio, the National Trust for 
Historic Preservation, Georgetown University Law Center, the Woodrow 
Wilson International Center for Scholars, the Kennedy Center for the 
Performing Arts, the National Symphony Orchestra, the Washington 
National Opera, and the Smithsonian Council for American Art. In New 
York City, Ms. Wolf served on the Rockefeller University Council and 
was a benefactor of the Metropolitan Museum of Art.
  Finally, Mr. President, no description of Diane Wolf would be 
complete without recognizing the generosity of her spirit, the strength 
of her character, and the cheerful nature of her personality. She met 
everyone with a bright smile, and very often she humbly and quietly 
lent a hand to others, asking nothing in return. She was respected by 
Members of Congress and their staff, not only for her knowledge and 
advice, but also for her genuine friendliness, gracefulness, and humor. 
She was much admired and appreciated by everyone in the Capitol 
community, including secretaries, doorkeepers, elevator operators, and 
Capitol Police alike.
  Diane Wolf will be missed. I join my Senate colleagues in conveying 
to her family deepest condolences, and with great respect repeat here 
the words of Adon 'Olam, one of the most familiar hymns in all of 
Jewish liturgy:

                               Adon 'Olam

     The Lord of all, who reigned supreme Ere first Creation's 
           form was framed; When all was finished by His will His 
           Name Almighty was proclaimed.


[[Page 459]]


     When this our world shall be no more, In majesty He still 
           shall reign, Who was, who is, who will for aye In 
           endless glory still remain.

     Alone is He, beyond compare, Without division or ally; 
           Without initial date or end, Omnipotent He rules on 
           high.

     He is my God and Savior too, To whom I turn in sorrow's 
           hour--My banner proud, my refuge sure--Who hears and 
           answers with His power.

     Then in His hand myself I lay, And trusting, sleep; and wake 
           with cheer; My soul and body are His care; The Lord 
           doth guard, I have no fear!

  Mr. STEVENS. Mr. President I ask unanimous consent that my following 
statement appear in the Record as if read contemporaneous with 
consideration of the resolution honoring the life of Diane Wolf.
  The Senate was deeply saddened by the sudden loss of Diane. Her 
passion for art and philanthropy lead her to devote her considerable 
talents to the service of countless organizations and causes. Diane was 
an attorney, teacher, and civic leader. Much of her work was dedicated 
to the preservation of the very building in which we meet.
  My wife, Catherine, and I worked closely with Diane on her efforts to 
preserve and restore the U.S. Capitol. Diane was passionate about the 
Capitol's history and symbolism. She enjoyed the pomp and circumstance 
of the Presidential inauguration and the annual tradition of the 
President's State of the Union Address. Her contributions as a member 
of the board of trustees of the U.S. Senate Preservation Commission 
were invaluable. It was her support and guidance that led to the 
development of the commemorative coins which marked the bicentennial of 
the U.S. Capitol.
  President Reagan appointed Diane to the U.S. Commission of Fine Arts 
in 1985. Her father, Erving, says Diane considered that appointment as 
a full-time job. Diane demanded high quality in all endeavors. She 
believed a thing worth doing is worth doing well.
  During her tenure on the Commission she strongly advocated 
redesigning our coins to commemorate the 200th anniversary of the Bill 
of Rights and update the Presidential portraits. She believed that 
American coinage could recapture our imagination and become highly 
prized by collectors. This is just one example of how Diane used her 
creativity, intelligence, and boundless energy to promote art in 
America.
  Her vision has been realized in recent years, as the Mint produced 
new designs for the quarter with images representing each of the 50 
States.
  Diane's energy and passion for public service will be missed. The 
institutions she served and the lives she touched benefited greatly 
from her dedication, generosity, and lively spirit.
  Catherine and I are fortunate to know Diane's wonderful family. She 
cherished her relationships with her parents, Erving and Joyce, and her 
brothers Daniel and Matthew. Our thoughts and prayers are with them and 
their loved ones.

                          ____________________




                     WELCOMING SENATOR ROGER WICKER

  Mr. REID. Mr. President, we said farewell last year to our friend, 
Senator Lott. Today, we welcome his successor, Roger Wicker.
  Senator Wicker is no stranger to Washington, DC, having served the 
people of Mississippi's First Congressional District since 1995.
  In the House, he served as the Republican deputy whip, and he served 
on his party's policy committee for some 6 years.
  His distinguished history in the U.S. Air Force has informed his 
advocacy on behalf of veterans health care and pensions, as well as 
military construction projects throughout the world. He has also been a 
strong supporter of health care research and has received numerous 
awards for his advocacy in this regard.
  His background and expertise on these and other issues will surely 
make him a welcome addition to our Senate. So on behalf of all 
Democratic Senators, I extend my congratulations to him.

                          ____________________




                        DEMOCRATIC STAFF CHANGES

  Mr. REID. Mr. President, it is good to be back in the Senate. The 
past 4\1/2\ weeks have been very pleasurable for me. Since I have been 
the Democratic leader--which has now been for 3 years--it was the 
longest period of time I have been able to spend at home, and it was a 
great experience for me. Every day I was able to spend it in my home in 
Searchlight.
  Searchlight, even though it is 60 miles from Las Vegas, is much 
different in temperature. It rains twice as much--not a lot but 8 
inches a year compared to 4 inches in Las Vegas--but it is much colder. 
It is 3,600 feet high. It has had a number of days in the recent past 
where the temperature has been 8 degrees. That is the lowest it has 
ever been, but it has hit that low degree on a number of occasions. 
This trip home, the lowest it got was 18 degrees, but that was on the 
same occasion when we had 40-mile-an-hour winds, so it was bitter cold.
  But that is one reason I so love Searchlight. The air is pristine and 
clean and pure. It is refreshing for me to be able to go home. Out my 
window, on one side of the house, I have set up two little ceramic 
water dishes, and water comes on there four times a day. Those little 
animals have it made.
  Even though it is wintertime, the quail still come and need a drink 
of water now and then. If you are lucky, you see a coyote--which I saw 
on a couple of occasions. As wily and as reclusive as they are, you 
still see them out wandering around--and all kinds of different birds 
of different hues and colors.
  It may not be very exciting to most people, but for me, one of the 
exciting events of my trip home was the opportunity to see an animal 
you rarely see. My wife and I were working in a little study I have 
there, and we heard three distinct knocks. We didn't know what it was. 
We got up and looked out the front door--nothing there; we looked out 
the back--nothing there. I went back to work and a minute or two later 
my wife says: Get down here. Hurry. So we go to these windows, some 
picture windows, two large rectangular windows that look out on the 
area where the ceramic dishes are, and there was a bobcat. For those of 
us who live in the desert, seeing a bobcat is really almost akin to 
seeing the Abominable Snowman. Rarely does anyone see a bobcat. They do 
most of their hunting at night. They are very secretive in everything 
they do. But this afternoon, this bobcat was there drinking water, very 
thirsty. I had never seen a bobcat before. Having been born there, 
raised there, I had never seen a bobcat before. This little animal 
finished its water, was walking around, saw me in the window and, boy, 
that little animal hit that window. It was after me and whatever it 
could see through that window. That was the knock on our window the 
four times. We have these shutters that when we are not there are down 
so you cannot see in the house. On this day, the shutters were up and 
he was looking around and saw inside and he wanted to nose around a 
little bit and he couldn't do that. Similar to all animals when they 
are frightened, they jump to protect themselves. Fortunately, even 
though the animal weighs about 30 pounds, he would have at least took a 
bite or two out of me. It was great to see. Finally, I got to see a 
bobcat, but enough of my travel log.
  The Senate is going to be forever different for me now. For more than 
a quarter of a century, part of my workplace has evolved around one of 
the Senate employees: Martin Paone. First, as I was a new Senator, he 
was always here to help me feel more comfortable and answer, I am sure 
as we look back, dumb questions we all ask as new Senators, but he was 
always a gentleman, always willing to give us the information. For the 
9 years I have been involved as Democratic leader, he has been 
available. During the 6 years I spent on the floor as Senator Daschle's 
assistant and whip, Marty was always there giving me guidance and 
advice. He was always so very helpful. It is important to have someone 
who understands these complicated rules we have in the Senate. He has 
been a terrific coworker and a good friend and I am going to miss him 
tremendously. As I have said, the Senate

[[Page 460]]

will never be the same with Marty not being here.
  So it is bittersweet news that Marty is going to be leaving--
retiring. He has served the Senate for 30 years. His story is a 
remarkable success story. He began his career in the House Post Office 
to help pay his way through graduate school at Georgetown. Later he 
moved to the Senate Parking Office before joining the Democratic 
cloakroom in 1979. With his tremendous intellect and vast knowledge of 
procedure, it was no surprise that he moved up the ranks to become 
Secretary for the minority in 1995. It is no exaggeration to say that 
every single Democrat and a number of Republicans rely upon Marty's 
expert advice. That has ended. I have been, as I have indicated, one of 
those who has depended on his expertise. Nothing has happened on the 
Senate floor, no legislation was considered, no parliamentary procedure 
enacted without his influence. Countless staff have come and gone over 
the years, but he has been a constant, steady presence. I am grateful 
beyond words and express gratitude for his exceptional service. Ruby is 
someone we see as we come to work every day. She has worked here for 
many years herself. Marty has three beautiful children: Alexander, 
Stephanie, and TJ. I have followed their high school athletic careers 
over the last several years. But he is moving on to new things, new 
challenges. We will all miss him. We wish him nothing but the best and 
know he will be a tremendous success.
  Although we are sad to say goodbye to Marty, I am pleased to announce 
we have chosen Lula Davis as our new Democratic Secretary. She is a 
long-time veteran of this Chamber. Lula has had more than 25 years of 
Senate service, which began in the office of the legendary Russell Long 
of Louisiana. Since 1993, she has been a member of the Democratic floor 
staff. In 1997, she was elected as the first woman ever to serve as 
Assistant Democratic Secretary. Much like Marty, Lula has risen to 
become indispensable for all of us. She has big shoes to fill, but I 
can't think of a more capable person to take on this crucial role.
  Replacing Lula as Assistant Democratic Secretary will be Tim 
Mitchell. Tim is quiet, always available, so important to me. I 
appreciate his attention to me on so many different occasions. He has 
served as floor assistant to the Democratic leader, where he has become 
a leading expert on floor procedure and legislative process. With 16 
years of Hill experience and as a policy adviser for the Democratic 
Policy Committee, research director for Senator Daschle, and a 
legislative assistant to the Senate Banking Committee, Tim could not be 
better prepared for some of these new responsibilities.
  Finally, I am pleased to announce that Jacques Purvis, a member of 
our floor staff, will take on Tim's role as floor assistant. A Howard 
University fellow, Jacques began his career in my personal office. He 
is a wonderful, fine young man. He has shown enormous skill and has a 
bright future ahead of him.
  Mr. McCONNELL. Mr. President, will the majority leader yield for a 
moment?
  Mr. REID. I am happy to yield.
  Mr. McCONNELL. I would like to extend my appreciation for the service 
Marty has given your conference. I have found him invariably to be a 
straight shooter and somebody we could work with to try to make the 
Senate function. I think he and Dave have enjoyed a good working 
relationship. I, too, want to wish him well and thank him for his many 
years in the Senate and congratulate Lula on her appointment.
  Mr. DURBIN. Mr. President, will the majority leader yield?
  Mr. REID. I am happy to yield.
  Mr. DURBIN. I would like to join in this chorus. Prior to my election 
to the House of Representatives, I served as parliamentarian of the 
Illinois State Senate for 14 years. It is a very important role in that 
body, as Marty's role has been here. You don't spend much time before a 
microphone, but you spend a lot of time preparing the Members to say 
the right things before the microphone, and Marty has done that I think 
in the best possible tradition of the Senate.
  Time and again, Members on our side of the aisle, and I believe on 
the other side as well, knew they could trust his word, trust his 
judgment, that he understood this institution, not just the rules but 
the history and the tradition. He served this institution well, as his 
wife has, and I wish him the very best in his new endeavors.
  I am also happy to hear Lula Davis is going to replace Marty in his 
position. She has a tough act to follow, as has been said, but she is 
an extraordinary woman, who has served this Senate well for 25 years, 
and I am certain she will continue on in this fine tradition.
  Mr. President, I yield back to the majority leader.
  The PRESIDING OFFICER. The majority leader is recognized.

                          ____________________




                              REFLECTIONS

  Mr. REID. Mr. President, Benjamin Franklin once said:

       Be always at war with your vices, at peace with your 
     neighbors, and let each new year find you a better man.

  This year, I know all 100 Senators will work to enable the words of 
Franklin to be meaningful, to make us each a better person and, in a 
cumulative effort, a better Senate.
  Having come back from my time in Nevada, I think it is an opportunity 
for me to reflect briefly upon 2007, the first year of the 110th 
Congress. This past year made one thing clear: We in the Senate are at 
a constant crossroads, with two paths from which to choose. One path is 
bipartisanship. The other is obstructionism. One path leads to change, 
the other to more of the same. This is not directed toward Republicans 
only but certainly Democrats also. Bipartisanship is a two-way street 
and we have to understand that. One path leads to change, the other to 
more of the same; the other to finger pointing.
  When we chose bipartisanship last year, we made real progress. For 
whom did we make real progress? We made it for the American people.
  With bipartisanship, we passed the toughest ethics bill in the 
history of our country to ensure a government as good and as honest as 
the people we represent. With bipartisanship, we finally passed the 
recommendations of the 9/11 Commission to support our first responders 
and secure our most at-risk cities. With bipartisanship, we provided 
our veterans with the largest health care funding increase in history.
  When we sought and found common ground, we passed the first minimum 
wage increase in 10 years to help the hardest working Americans make 
ends meet. When we sought and found common ground, we helped struggling 
homeowners, a few--we have a lot more to do--to at least be aware of 
and avoid foreclosure. When we sought and found common ground, we 
enacted the largest expansion of student financial aid since the GI 
bill. When we sought and found common ground, we passed an energy bill 
that will lower gas and electricity prices and begin to stem the tide 
of global warming. Could we have done more with that Energy bill? Of 
course, we could, and we are going to try in the next few months to 
enlarge upon it.
  Time and time again, we have proved that bipartisanship works. Far 
too often, unfortunately, others chose the other path--the path of 
being an obstructionist. We saw that on Iraq. Most Republicans chose to 
stick with the President's policy that has devastated our Armed Forces, 
compromised our security, and damaged our standing around the world. We 
saw it on Medicare drug prices. We were unable to get done something 
that is so common sense. The American people say: Why couldn't you do 
that? What we wanted to do was allow Medicare to negotiate for lower 
priced drugs. We couldn't get it done. We saw it on children's health. 
We tried, and we had good bipartisan cooperation. We passed it, but the 
President vetoed it, and we were unable to override that veto. It is 
often we see how destructive partisanship can be. So let's hope the old 
way of doing business is no longer this year's way of doing business.
  Many of last year's problems have grown worse--all we have to do is 
look

[[Page 461]]

at the morning newspaper--and many new ones have arisen. Last year, the 
subprime lending issue was not part of our mantra. Now it is in every 
speech anyone gives in the political world. We can no longer turn to 
the old playbook of political posturing. We must end that. We have to 
do better.
  What are the new and growing challenges? We don't need an economics 
professor or philosopher to tell us: A walk through a neighborhood most 
anyplace in this country to see the sea of for sale signs, foreclosures 
are all over this country. All it takes is a trip to a gas station or 
even drive by a gas station to see people are paying over $3 a gallon 
most everyplace in this country.
  All it takes is a glance at the headlines in the newspaper to see the 
rising violence and turmoil all across the globe.
  Like all of my colleagues, I spent a lot of time back home, and we 
talked about that. Mr. President, in Nevada, things have changed. But 
to show you, in a sparsely populated State such as Nevada, similar to 
the State of my colleague, the Presiding Officer--Nevada is a sparsely 
populated State. To show how people are so concerned about this 
country, in an hour and a half on Saturday, 30,000 new Democrats 
registered to vote in Nevada. In an hour and a half, during the 
caucuses we had, 30,000 new Democrats registered to vote. Think about 
that. In the State of Nevada, there were 30,000 new Democratic 
registrants in an hour and a half. Why? Because we have an economy that 
is sliding toward recession. Hundreds of thousands of families are at 
risk of losing their homes--millions, really, not hundreds of 
thousands. The price of gas and heating homes is skyrocketing to 
alltime highs. New threats of violence, war, and terrorism are emerging 
at home and abroad.
  Regarding the war in Iraq, it is debatable now how much we are 
spending there. Is it $10 billion or $12 billion a month? And now we 
have, during this break we have had, a Republican frontrunner for the 
Republican nomination for President who says we will have to be in Iraq 
for as long as 40 more years. This war will soon be going into its 
sixth year. We are now an occupying force in Iraq.
  So together we must address these growing challenges, both foreign 
and domestic.
  At home, the first thing we have to work on is the economic stimulus 
package. During the break, I spoke to the Secretary of the Treasury at 
least eight or nine times. He is concerned, and we are all concerned. 
To be effective, this stimulus plan must be timely, targeted, and 
temporary. It must be timely because America needs relief right now. It 
must be targeted because for too long the Republican approach has been 
to put money in the pockets of corporations and the wealthy rather than 
the working families who need it most. It must be temporary because, as 
important as it is to help people right now, we don't do ourselves or 
our economy any favors by saddling our children and grandchildren with 
mountains of debt, as has happened over the past 7 years.
  If the President and congressional Republicans work together with us 
to pass this short-term stimulus plan that follows these principles, we 
can make a real and immediate difference in people's lives and perhaps 
stave off this looming recession. I call upon all of my colleagues--
Democrats and Republicans--to come together to pass the stimulus 
package this work period. We have 4 weeks, and we must do it during 
this 4-week work period. We will meet with President Bush today to 
continue working out this plan.
  While we await the results of the discussions on the stimulus 
package, we will begin this year by addressing other important issues, 
such as Indian health. We have to do this. The sickest and worst health 
care in America is on Indian reservations. That is why we are doing 
this. Native Americans all over America have the highest rate of 
diabetes, tuberculosis, and other dread diseases. We must address the 
health care of the poorest of the poor. They are the poorest of the 
poor--Native Americans.
  This legislation will allow Indian and tribal health providers to 
offer long-term health care services and even hospice care and will 
provide diabetes and youth substance abuse programs to urban Indians 
and will encourage State-tribe agreements to improve health service 
delivery. We would like to finish that as soon as possible. After we 
finish that, we will return to the foreign intelligence surveillance 
bill.
  Mr. President, we must pass a FISA law that gives our law enforcement 
officials the tools they need to fight terrorism, without infringing on 
the fundamental rights of law-abiding Americans. We have always been 
willing to work with the President to give him the constitutional 
authority to meet the post-9/11 challenges. All he had to do was tell 
us what he needed. It wasn't until we read in the New York Times that 
he was doing things that were contrary to law that we decided we had to 
do something legislatively. If he had come to us, we would have done 
anything we could to maintain the framework for a constitutional form 
of government to help whatever problems there might be.
  With the current law set to expire soon, Democrats are resolved to 
replace it with a new and stronger one. Senator Rockefeller, Senator 
Leahy, and their committees--both Democrats and Republicans--believe 
the law needs to be changed. Hopefully, we can do that. Last month, I 
requested a 1-month extension of the current law to allow lawmakers 
additional time to do just that. The present law expires in just a few 
days, on February 1. That request I made to extend the law was objected 
to. With just a few days left before the expiration, I will renew my 
request for an extension. After we act, the House has to act on this 
bill. They have not done that. The failure to extend the present law 
for 1 month could lead to the law no longer being something that guides 
what happens in this country. Some may want that. I think the majority 
of the Senate doesn't want that. We need time to do that.
  The Defense authorization bill--we have to finish that this work 
period. Hopefully, we can do it by unanimous consent. I personally 
thought the veto was unnecessary. I think the Iraqi Government, which 
we have funded with hundreds of billions of dollars, should stand up 
and be responsible for what has taken place in that country in years 
past.
  I have had one serviceman from Nevada, who was tortured in the first 
war, who sought compensation in court, and the Bush administration 
joined in fighting the relief he sought. We tried to do things 
legislatively to help, and the Bush administration stopped that. He did 
veto it. We are where we are. Iraq's treatment of American servicemen 
during the first Gulf war was important. The bill should not have been 
vetoed. It was.
  We will be as agreeable as we can be to get this money. Hopefully, 
today we can finish this legislation. It is something we need to do. 
The Wounded Warrior legislation is in here and an additional pay raise 
for the troops. We will do what we can on that.
  There are other things we look forward to this coming year. We want 
to make sure we do something about product safety legislation. We want 
to have toys, for example, that are sold that are safe and that don't 
make kids sick. We will also look at patent reform.
  So we have a work-filled legislative session that I have outlined. We 
have a number of things we cannot put off, and we are going to have to 
spend some long hours here in the Senate. Hopefully, we won't have to 
work weekends. I hope that is not the case. FISA, for example--I have 
had a number of Senators say they want to go to these very important 
discussions in Doha that start this week. We cannot do that unless we 
somehow resolve this FISA legislation, either extending it or 
completing our work. We may have to finish that work this weekend. We 
have energy legislation on which we have indicated we are going to move 
forward. We won't do it this work period, but we have a bipartisan 
piece of legislation that came out of the Environment and Public Works 
Committee dealing with global warming; it is the Lieberman-Warner 
legislation. We need to get to

[[Page 462]]

that. We have to be concerned about children's health and what we can 
do in that regard.
  Can we accomplish these goals? Yes, we can. It won't be easy, and it 
cannot be done if we resort to the same business as usual. We have a 
shortened time period. We have the Presidential election coming up, and 
we have contested Senate seats that take a lot of the time of incumbent 
Senators and the challengers. Last year, my colleagues on the other 
side of the aisle broke the 2-year record of filibustering in just 1 
year. I hope that isn't the case this year, that we don't break another 
record.
  Our work has begun in this new year and new legislative session. Hope 
springs eternal, and I repeat what I have said before: If we accomplish 
things here, there is credit to go around to both Democrats and 
Republicans. Everybody can claim credit for what we do. If we are not 
able to pass legislation, there is blame to go around for everybody. I 
hope we can move forward on the important legislation that faces this 
country and needs to be done.
  The PRESIDING OFFICER. The Republican leader is recognized.

                          ____________________




                THE SECOND SESSION OF THE 110TH CONGRESS

  Mr. McCONNELL. Mr. President, first, I welcome back the distinguished 
majority leader. It is good to see him and good to be at the podium 
again, refreshed and ready for act 2 of the 110th Congress. Republicans 
are eager to get to work on the unfinished business from last year, and 
we are determined to address the other issues that have become more 
pressing or pronounced since we stood here last.
  We face a number of urgent challenges domestically and 
internationally, and there will be a strong temptation to politicize 
them or put them off as the current administration comes to a close and 
a new one prepares to take its place. This would be an irresponsible 
path, and it is one we should not take. We have had a Presidential 
election in this country every 4 years since 1788. We won't use this 
one as an excuse to put off the people's business for another day.
  We have our differences in this Chamber. But Americans expect that 
when we walk into this well we will sort through those differences and 
work together toward common goals. And here are a few things we should 
be able to agree on: We need to show America that Government can live 
within its means by keeping spending low; that we can protect their 
quality of life without raiding their wallets with higher taxes; that 
we won't push problems off to future Congresses; and that we will not 
take chances with their security.
  As we do all this, we can be confident of success--confident because 
we have faith in this institution, and confident because of what we 
learned the last time around. Personally, I think there are a lot of 
lessons we can take away from last year, and that if we're smart we 
will learn from them. We all know what worked and what didn't work. We 
all know the formula for success and the formula for failure. So this 
year even more than last year, success and failure will be a choice.
  I think we can agree, for instance, that we all worked best last year 
when we worked together. Last January our Democrat colleagues presented 
us with a minimum wage bill that didn't include needed tax relief for 
small businesses. It didn't pass. But when they did include the tax 
relief these small businesses deserved, it did pass--by a wide margin.
  Our friends gave us an energy bill that would have meant higher taxes 
and higher utility rates. It didn't pass. But when they agreed to 
remove these objectionable provisions, it did--by a wide margin. Senate 
Democrats also tried to use a looming AMT middle class tax hike as an 
excuse for a giant tax hike elsewhere. That didn't get very far. But 
when we all agreed to block the AMT expansion without a new tax, 
together we prevented a major middle class tax hike.
  The temptation to partisanship was strongest on issues of national 
security. By the end of the year, the majority had held 34 votes 
related to the war in Iraq and its opposition to the Petraeus Plan. Yet 
whenever Republicans defended the view that Congress should not 
substitute its military judgment for the judgment of our military 
commanders, or cut off funds for troops in the field, we moved forward. 
With the recent success of the Petraeus Plan, the chances of such votes 
passing this year have not improved. It was wrong to tempt fate when 
our progress in Iraq was uncertain. It would be foolish to do so when 
progress is undeniable.
  So there is a pattern here, a pattern for true accomplishment. And 
now that we know it, we shouldn't hesitate to follow it. Not this 
November. Not sometime this summer. But now.
  As we move into 2008, the problems we face are big, they're real, and 
they are urgent. And Americans expect competence, cooperation, and 
results. We know from experience that it's in our power to deliver. And 
it's in everyone's interests that we do. So on behalf of Senate 
Republicans, I want to begin this session by extending the hand of 
cooperation to our colleagues on the other side. As we begin this 
second session, we need to focus on our common goals.
  We need to come together to protect and defend Americans from harm. 
We need to come together to meet the economic challenges of the moment. 
And we will need to come together to protect Americans' quality of life 
by keeping taxes low, and by working to relieve anxieties about 
healthcare, tuition, the cost and quality of education, jobs, and the 
fate of entitlements.
  On the economy, Republicans are encouraged by recent talk on the 
other side of a willingness to work with us on an economic growth 
package. Now it is time to prove this is more than just talk. We need 
to move ahead with a plan that stimulates the economy right away and 
which is consistent with good long-term economic policy.
  An effective plan will focus on growing the economy and securing 
jobs. It will be broad based for maximum effect, and it won't include 
wasteful spending on programs that might make us feel good but which 
have no positive impact on the economy.
  Republicans in the 110th Congress have shown that we will use our 
robust minority to ensure we are heard. And we will use our power to 
reject any growth package that's held hostage to wasteful spending. 
Americans are concerned about the state of the economy, they are 
looking to us to act, and acting now will be far less costly than 
waiting for more troubles to gather. Time is short. We need to put 
together a bipartisan package that helps the economy, and do it soon--
without raising taxes and without growing government.
  In the longer term, Congress can keep the economy stable by keeping 
taxes low and by assuring families, retirees, and small businesses that 
current rate reductions and tax credits will continue. We can prepare 
for the future by making sure every child in America gets a good 
education through reauthorization of the No Child Left Behind Act and 
by completing action on the Higher Education Act.
  Our friends should also resist the temptation to increase taxes on 
dividends and capital gains; agree early that we would not offset a 
patch for the alternative minimum tax with a massive tax elsewhere; 
extend the current expanded child tax credit; and end the marriage 
penalty for good.
  We can also boost the economy by boosting trade, which broadens the 
market for U.S. goods. Last May, Democratic leaders agreed to allow 
passage of four free--trade agreements if the Administration negotiated 
increased worker rights and stronger environmental protections. The 
administration did its part by negotiating the changes. Yet so far, 
only one of the four FTAs from last year, Peru, has passed. Now it is 
time for the Democrats to uphold their end of the bargain and pass the 
remaining three FTAs: Panama, South Korea and Colombia.
  We can help the economy by keeping spending low. Republicans will do 
our part by making sure, as we did last

[[Page 463]]

year, that government spending bills don't exceed fiscally responsible 
levels even as they meet the Nation's highest priorities. And Democrats 
can help by keeping spending in these bills low from the start--and 
resisting the urge to lace them with poison pill social policy.
  Working together to strengthen America at home also means increasing 
access and lowering the cost of good health care. We should empower 
individuals and protect the doctor-patient relationship by promoting 
research into new treatments and cures and by investing in new 
information technology like electronic medical records and e-
prescribing. We can also increase access by letting small businesses 
pool resources to get the same deals from insurers big businesses do.
  In the coming months, Americans will hear a lot of different health 
care proposals coming out of the campaigns. And while presidential 
election years are not typically the time when broad based reforms are 
achieved, we shouldn't let disputes among candidates or the failures of 
the past keep us from delivering something for Americans now. In the 
long term, Republicans are committed to the goal of every American 
having health insurance. But there is no reason we can't find 
bipartisan support this year for other common sense measures that 
remove barriers to access and increase coverage options.
  We should also be able to agree that too many judicial posts have 
been left empty too long. Last year we confirmed 40 judges, including 
six circuit court nominees, and an attorney general. But we are not on 
pace to keep up with historical precedent. The historical average for 
circuit court confirmations in the last Congress of a divided 
government is 17. President Clinton--who had the second most judicial 
confirmations in history, despite having to deal with a Republican 
Senate almost his entire time in office--had 15 circuit court 
confirmations in his last Congress.
  Clearly, we need to catch up. But we can not confirm judges if they 
don't get hearings. And since last summer, Democrats have allowed only 
one hearing since last summer, one hearing--since last summer, one 
hearing--on a circuit court nominee. Compare that with Senate 
Republicans in 1999, who held more hearings on President Clinton's 
nominees in the fall of that year alone than Democrats allowed this 
President all last year. This pattern is neither fair nor acceptable.
  As we focus on crucial issues at home, we are reminded that our first 
responsibility is to keep Americans safe. For some, the passage of time 
has made 9/11 seem like a distant memory and the people behind it a 
distant threat. Yet the best argument in favor of our current strategy 
of staying on offense is the fact that not a single terrorist act has 
been carried out on American soil since that awful day.
  We decided early on in this fight that the best strategy would be to 
fight the terrorists overseas so we wouldn't have to fight them at 
home. This policy has worked. And we must continue to ensure that it 
does by giving those who protect us all the tools they need.
  One of the most valuable tools we have had is the Foreign 
Intelligence Surveillance Act, which lets us monitor foreign terrorists 
overseas and react in real time to planned attacks. In August, we 
updated this protection. Yet with only 10 days to go before it expires, 
we need to pass new FISA legislation that allows the intelligence 
community to continue its work and which assures telecom companies they 
will not be sued for answering the call to help in the hunt for 
terrorists.
  Some of our Democratic colleagues delayed consideration of this vital 
legislation at the end of the last session. And it should have been the 
first thing we turned to this session. American lives do not depend on 
whether we pass the Indian health bill by the end of the month.
  We also need to renew our commitment to the brave men and women of 
the Armed Forces whose hard work over a number of years has helped 
change the story in Iraq in 2007. No issue should bring us together 
more readily than this one. Yet no issue threatens to divide us more as 
the November elections draw near. Let the candidates say what they 
will. The Senate should stand united in supporting the troops--and we 
can start by affirming that the Petraeus plan is working.
  We could even go one step further by making a pledge that during the 
session that begins today, we will not attack the integrity of our 
uniformed officers or subvert the efforts of the troops--all of whom 
have made sacrifices for us equally, regardless of our political 
parties or theirs.
  Beyond that, we should be able to agree that we need to invest in the 
future of our military. This remarkable volunteer force is built on the 
finest training, weaponry, and education system in the world. We need 
to support this great national resource not only to retain our strength 
for today's battles, but in preparation for the unexpected challenges 
that lie ahead--particularly in the Persian Gulf and in the Pacific, 
where our strategic interests will continue to be challenged for many 
years to come.
  So we stand at the beginning of a new year. I, for one, am hopeful 
that it will be a year in which we accomplish much for the people who 
sent us here. We can start by agreeing to protect taxpayer wallets and 
by facing concerns about health care and the other economic pressures 
that so many American families face. We must act right away to keep our 
economy strong. And above all we can work together to keep America and 
its interests safe both at home and overseas.
  We can do all this--we can live up to our duties to work together on 
behalf of the American people--by learning from last year and working 
together. Republicans are ready, we are eager, to do our part.
  Mr. President, I yield the floor.

                          ____________________




                       RESERVATION OF LEADER TIME

  The PRESIDING OFFICER. Under the previous order, leadership time is 
reserved.

                          ____________________




                            MORNING BUSINESS

  The PRESIDING OFFICER. Under the previous order, there will now be a 
period for the transaction of morning business for 60 minutes, with 
Senators permitted to speak for up to 10 minutes each and the time 
equally divided and controlled between the two leaders or their 
designees, with the Republicans controlling the first half and the 
majority controlling the final half.
  The Senator from Arizona.

                          ____________________




                         WELCOMING ROGER WICKER

  Mr. KYL. Mr. President, first, I join those who welcomed our new 
colleague, Roger Wicker from Mississippi, to the Senate. I know he will 
serve his State and this Nation with distinction.

                          ____________________




                              THE CHAPLAIN

  Mr. KYL. Mr. President, I wish to mention and thank specifically our 
Chaplain, ADM Barry Black, for coming to Arizona this past weekend to 
join in celebrations relating to the Martin Luther King activities that 
occurred. After preaching three sermons and attending a couple other 
major events associated with Martin Luther King celebrations, Chaplain 
Black was right back here to open our session today. He certainly 
deserves our thanks and has my gratitude for joining us in Arizona.

                          ____________________




                 FOREIGN INTELLIGENCE SURVEILLANCE ACT

  Mr. KYL. Mr. President, I also wish to pick up on what our Republican 
leader has just been talking about: that we can, with bipartisanship, 
accomplish a great deal in this Senate and that there is no better 
place to start than on the Foreign Intelligence Surveillance Act. In 
the Senate, we refer to that by its acronym, FISA, but it needs to be 
our first important piece of business.
  Certainly, our intelligence community, to whom we have given a very 
big

[[Page 464]]

responsibility, needs certainty with respect to its responsibilities 
and its rights. It needs permanency, not just 1-month extensions. This 
intelligence community must know the rules of the road. That is why it 
is so important for us to, within the next week or so, reauthorize the 
Foreign Intelligence Surveillance Act with a few additional changes to 
ensure that we can, in fact, collect this intelligence on our enemies.
  Theodore Roosevelt once referred to his opportunities in life and 
said the greatest opportunity was work worth doing. And there is no 
more work worth doing than ensuring that we can gain the intelligence 
on the enemy that attacked us in this war.
  We are at war, both at home and abroad. These radical militant 
Islamists have attacked us, and they continue to threaten us. We all 
know that the best approach to defeating them is good intelligence and 
that most of that intelligence, by necessity, is collected overseas--
that is why it is called foreign intelligence--and that the basis for 
the collection of much of this intelligence is the FISA law, or the 
Foreign Intelligence Surveillance Act. As noted, that act expires next 
week, and that is why it is important for the Senate to act now and the 
reason this reauthorization is actually very simple and straightforward 
and very interesting.
  Technology has actually outpaced the law. What we found is that we 
are now able to collect intelligence in ways that were never understood 
when the FISA law was first written nearly 30 years ago. As a result, 
we need to change that law to accommodate the intelligence collection 
capabilities we have today.
  Before we changed the law last year, U.S. intelligence agencies had 
lost about two-thirds of their ability to collect communications 
intelligence against al-Qaida. Obviously, in this war, we cannot cede 
two-thirds of the battlefield to our enemy, to the terrorists.
  When we enacted the Protect America Act last summer, we regained that 
capability to collect communications intelligence against al-Qaida by 
conforming the legal procedures to the technology that is available to 
us. Let there be no doubt that the collection of this information, as a 
result of that work, is critical to our Nation's security. In fact, in 
a New York Times op-ed on December 10, Michael McConnell, the Director 
of National Intelligence, noted that ``[i]nformation obtained under 
this law has helped us develop a greater understanding of international 
Qaeda networks, and the law has allowed us to obtain significant 
insight into terrorist planning.''
  Similarly, on October 31 of this year, Kenneth Wainstein, the 
Assistant Attorney General in charge of the Justice Department's 
National Security Division, testified before the Judiciary Committee 
that ``since the passage of the [Protect America] Act, the Intelligence 
Community has collected critical intelligence important to preventing 
terrorist actions and enhancing our national security.''
  This is important business. It is work worth doing.
  The Intelligence Committee, in a very bipartisan way, crafted an 
extension of the foreign Intelligence Committee legislation.
  The Judiciary Committee, on which I sit, took a much more partisan 
approach. The Judiciary Committee bill has a lot of flaws that the 
Intelligence Committee bill does not have. Let me mention a couple of 
those flaws, suggesting to my colleagues that the bill we should start 
with as our base bill is the Intelligence Committee bill, not the bill 
that came out of Judiciary Committee.
  One of the things the Judiciary Committee bill does is it includes an 
``exclusive means'' provision that would undermine intelligence 
gathering directed at foreign terrorist organizations. The provision 
not only uses vague terms whose mention is unclear, it also appears to 
preclude use of other intelligence-gathering tools that have already 
proven to be valuable sources of intelligence about al-Qaida.
  As the official Statement of Administration Policy for this bill 
notes:

       The exclusivity provision in the Judiciary Committee 
     substitute ignores FISA's complexity and its 
     interrelationship with other federal laws and, as a result, 
     could operate to preclude the Intelligence Community from 
     using current tools and authorities, or preclude Congress 
     from acting quickly to give the Intelligence Community the 
     tools it may need in the aftermath of a terrorist attack in 
     the United States or in response to a grave threat to the 
     national security.

  Another serious flaw of the Judiciary Committee bill is it has a 
provision that would limit FISA overseas intelligence gathering--to 
quote the legislation itself--

        . . . to communications to which at least one party is a 
     specific individual target who is reasonably believed to be 
     outside the United States.

  The problem, of course, is it is not always possible to identify such 
a specific individual in our intelligence collection.
  And finally let me respond generally to those who would dismiss or 
ignore the harm done to our national security by applying layer after 
layer of bureaucratic hurdles to foreign intelligence investigations. 
These restrictions, for example, that the Judiciary bill would impose, 
matter in our agents' ability to collect this intelligence. We know 
they can undermine critical investigations because we have seen it 
happen in the past, and let me cite an example that makes this point.
  In the 1990s, the Justice Department determined--well, first of all, 
it imposed this infamous wall that segregated foreign intelligence and 
criminal investigations. It determined it was necessary to do this to 
protect constitutional rights, but it went well beyond what the FISA 
law itself required. These rules were created by individuals, and they 
prevented criminal and intelligence agents who were chasing after the 
same suspects from cooperating with each other, even sharing 
information with each other and with the other agents. So the FBI and 
the CIA had a very difficult time talking to each other. This was part 
of the criticism of the 9/11 Commission after that horrible event.
  Well, a few years after this wall was built, in the summer of 2001--
note the date, summer 2001--an FBI agent in the Bureau's New York field 
office became aware that Khalid al-Mihdhar, Nawaf al-Hazmi, and two 
other bin Laden-related individuals were present in the United States. 
They were here. This agent knew these men had been at an important al-
Qaida meeting in Kuala Lumpur, Malaysia, and instinctively understood 
they were dangerous. The agent initiated a search for these men and 
sought the help of criminal investigators who have much greater access 
to resources for finding people in the United States. This search was 
probably the best chance the United States had of disrupting or 
potentially stopping the September 11 attacks.
  This FBI agent was literally on the trail of the 9/11 hijackers in 
the summer of 2001. But what happened when the agent sought to enlist 
the help of criminal investigators and the full resources of the FBI? 
Well, the agent ran into this legal wall separating criminal and 
intelligence investigations, and he was repeatedly told criminal 
investigators could not aid in the investigation. Finally, after being 
repeatedly rebuffed in requests for assistance in searching for Khalid 
al-Mihdhar and the other hijackers, the agent sent the following, 
disturbingly prophetic, e-mail to FBI headquarters in August 2001. 
August 2001.

       Whatever has happened to this, someday someone will die 
     and, wall or not, the public will not understand why we were 
     not more effective in throwing every resource we had at 
     certain problems.

  Well, the officials who created the intelligence investigation wall 
in the 1990s, and who thereby undercut the search for al-Mihdhar and 
the other hijackers, at least had one excuse. In the summer of 2001, 
few people appreciated the threat the Nation faced from al-Qaida. Few 
realized how devastating an al-Qaida terrorist attack could be and how 
many innocent people could be killed.
  Today we have no such excuses. We have already suffered one horrific 
al-Qaida attack, and we know much worse attacks are possible. We now 
know what is at stake. Yet despite this

[[Page 465]]

knowledge, some in this body are proposing we repeat the mistakes of 
the past; that we create new walls and other arbitrary legal procedures 
to the surveillance of al-Qaida. We know from hard experience terrorist 
plots are hard to detect, and we don't get many chances to stop them. 
We know what a terrible loss of life a terrorist attack can inflict.
  We know if another terrorist attack occurs, there will be multiple 
reviews and investigations that will identify what went wrong, what 
opportunities were missed, and who was responsible. Members who are 
thinking about supporting the Judiciary Committee bill should think 
hard about the consequences of enacting a set of arbitrary limits on 
the surveillance of al-Qaida. If that substitute is enacted, it is 
likely to undermine future critical intelligence investigations, just 
as the wall between intelligence and criminal investigations undermined 
the search for the 9/11 hijackers. Future investigations will uncover 
exactly what went wrong, and we will be held accountable for our 
actions.
  I urge my colleagues to reject the Judiciary Committee substitute and 
vote to ensure our intelligence agents have the tools they need to 
confront the threat posed by al-Qaida and other foreign terrorist 
organizations.
  The PRESIDING OFFICER. The Senator from Tennessee is recognized.
  Mr. ALEXANDER. Mr. President, I wish to congratulate the Senator from 
Arizona on his thoughtful comments regarding intelligence.
  How much time remains?
  The PRESIDING OFFICER. There are 18 minutes remaining.
  Mr. ALEXANDER. Mr. President, I will take half that, and if the Chair 
will let me know when 2 minutes remain, I will be grateful.

                          ____________________




                       REPUBLICANS READY TO WORK

  Mr. ALEXANDER. I, too, welcome Roger Wicker to the Senate. I have 
known him a long time. He has been a leader for the Tennessee Valley 
Authority. He is one of Congress's most knowledgeable Members, and he 
has been a leader in helping to put American history back in its 
rightful place in our classrooms so our children can grow up learning 
what it means to be an American. He was the lead sponsor in the House 
of Representatives on legislation that I introduced in the Senate that 
created summer academies for outstanding teachers and students of 
American history.
  I would also like to congratulate Marty Paone on his service here. We 
all admire him and will miss him.
  I thank the majority leader for his remarks at the beginning of the 
year, and I especially wanted to echo the remarks the Republican 
leader, Senator McConnell of Kentucky, made. He pointed out that we 
have had a Presidential election in this country every 4 years since 
1788. Senator McConnell pointed that out, and he said we would not use 
this year's election as an excuse to put off the people's business for 
another day. In other words, it is a Presidential year, and some around 
town are writing and saying: Well, they will not get much done in 
Congress this year. We are saying on the Republican side of the aisle, 
and I hope it is being said on both sides of the aisle, that there is 
no excuse for Congress to take a year off, given the serious issues 
facing our country.
  A number of politicians are campaigning for change, we have all 
heard. Republican Senators are ready to help, working with our 
colleagues, to give the Senate an opportunity to vote for real change. 
We wish to change the way Washington does business by going to work on 
big issues facing our country. And not just go to work on them but to 
get principled solutions this year. And because this is the Senate, 
where it often takes 60 votes to get a meaningful result, that means we 
invite the Democrats to work with us in a bipartisan way to get those 
results.
  Republicans didn't seek our offices to do bad things to Democrats. We 
are here to do good things for our country, and there is plenty to do. 
We see what is happening in the housing market, with oil prices, with 
rising health care costs. We know we need to move quickly with a 
bipartisan approach to help get the economy back on track. Our 
preference is to let businesses and people keep and spend more of their 
own money to boost the economy. We want to grow the economy, not the 
Government.
  We know we need, as Senator Kyl was saying, to intercept 
communications among terrorists to protect our country. We saw the 
Rockefeller-Bond bipartisan proposal passed by 13 to 2 in the 
Intelligence Committee. Our solution is to make sure companies aren't 
penalized for helping us protect ourselves, while at the same time 
securing individual rights. We want a strong national defense.
  We see there are 40 million or so Americans uninsured, and we want to 
change that. We don't want to take a year off in dealing with health 
insurance. We want to start this year. As the Republican leader said, 
our goal is that every American have health insurance, starting with 
small business health insurance plans, moving on to reforming the Tax 
Code so Americans can afford to buy private insurance. There are a 
number of Democratic and Republican proposals on reaching the goal we 
have in helping every American to have health insurance. We can start 
this year.
  There is no need to wait to deal with Medicaid and Medicare spending 
another year. We all know, at their present pace of growth, those two 
accounts will bankrupt our Government. It is irresponsible to wait. 
That is a bipartisan conclusion. There are a number of proposals from 
both sides of the aisle to begin to deal with that, from Senator Gregg 
and Senator Conrad, to Senator Feinstein and Senator Domenici and 
Senator Voinovich as well. We should get started. These are the 
principles of fiscal responsibility and limited Government.
  Last year, we took some important steps to keep jobs from going 
overseas by growing more jobs at home. We see the problem of 
competition with China and India. We worked together to pass a bill--
the American COMPETES Act--authorizing $34 billion to keep our 
brainpower advantage. Now let us implement it. Senator Hutchison of 
Texas, Senators Bingaman and Domenici of New Mexico, and many others 
have worked hard on this. So let us implement more advanced placement 
courses for low-income students, a million and a half more; more highly 
trained scientists and engineers coming in to help grow jobs in the 
United States; and 10,000 more math and science teachers. That we can 
do.
  We know we have to be bipartisan to get a result. Some things are 
bipartisan, and I have mentioned many of them, but some things should 
be bipartisan that aren't. For example, the Federal Government is 
saying the Salvation Army can't require its employees to speak English 
on the job. Well, Americans, by 80 to 17 percent, believe employers 
should be able to require their employees to speak America's common 
language on the job. We have legislation to make that clear. It is 
bipartisan to some degree, but not as bipartisan as it ought to be. The 
principle is right there above the Senate Presiding Officer's desk. It 
says: One from many--``e pluribus unum.''
  Another challenge that should be more bipartisan, because most 
Americans see the wisdom of it, is addressing a shortage of medical 
care in rural America caused by lawsuit abuse. OB-GYN doctors are 
abandoning rural areas across America and mothers are driving too far 
for prenatal health care and to have their babies. We should work 
across party lines to change that. The solution we have offered is to 
stop runaway lawsuits that make doctors pay $100,000 or more a year for 
malpractice insurance. That is why they leave the rural areas. This is 
the principle of equal opportunity.
  There is plenty of work to do. Thirty years ago, I began my service 
as the Governor of Tennessee. I was a young Republican Governor and the 
State was very Democratic, thank you. So the media ran up to the big 
Democratic speaker of the house, Ned McWherter, and said: Mr. Speaker, 
what are you going to do with this new young Republican Governor? And 
to their surprise,

[[Page 466]]

the speaker said: I am going to help him. Because if he succeeds, our 
State succeeds. And that is the way we worked for 8 years.
  Now, we are not naive about politics in Tennessee. We had, and have, 
our fights. We argued about our principles. If I had a better schools 
program, they had an even better schools program on the other side. But 
we kept our eye on the ball. In the end, we worked together. In the 
end, we got results. That is why we brought in the auto industry and 
created the best four-lane highway system and created chairs and 
centers of excellence at our universities that still exist, and we 
began to pay teachers more for teaching well.
  I would like nothing more than to move that kind of cooperation from 
Tennessee to DC. I sense that from Democrats and Republicans all 
through this body. Of course, we will argue. We were elected because we 
have differences. This is a debating society. But we don't stop with 
our disagreements, we should finish with our results. So we are here to 
change the way Washington does business, as the Republican leader said, 
and I look forward to a constructive year of helping our country move 
ahead with a steady stream of specific solutions to big problems that 
get results because they either are bipartisan or because they should 
be bipartisan.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Texas.
  Mr. CORNYN. Mr. President, I would like to join my distinguished 
colleague from Tennessee who recently was elected to the leadership on 
this side of the aisle. His responsibility and mine is to help try to 
find a way to work together, not by sacrificing our principles but to 
try to find that common ground rather than what divides us.
  But first let me also express my congratulations to our new colleague 
from Mississippi, Senator Wicker, who had a distinguished career in the 
House of Representatives and comes here, I know, with a lot of hopes 
and aspirations. I look forward to working with him as he represents 
his State and as I represent my State, the State of Texas, and as we 
all work together to represent the United States, hopefully, to provide 
for the aspirations and dreams of the American people to make it 
possible for them to live their dream. That is what the United States 
has always been; that is what it should remain.
  I cannot help but reflect, returning from our holiday recess, I had 
somebody this morning in the cafeteria say: Welcome back from your 
vacation.
  I said: Well, I prefer to call it the alternate work period because 
it was not entirely a vacation, although I did get some time off, as 
did my colleagues. But I trust that we all came back refreshed and 
rejuvenated and ready to take on the challenging work that lies ahead.
  I have to say, if I heard it once, I heard it a thousand times as I 
traveled the State of Texas, people are frustrated with Washington, DC. 
They think Washington is broken. They do not hear about those occasions 
when we work together to pass legislation on a bipartisan basis. They 
hear the conflict and the divisiveness and the partisanship, and they 
do not like it. I had to tell them, each of my constituents when they 
mentioned that: Well, I do not like it very much either. I did not run 
for the Senate and I do not serve in a position of public trust to come 
up and pick fights.
  Everybody knows in politics it is always possible to pick a fight, 
but it does not take any particular genius to do that. What we ought to 
be doing, and what it takes hard work to do, is trying to find common 
ground. There is plenty of common ground.
  Senator Alexander mentioned a number of tremendous bipartisan 
accomplishments--the America Competes Act. There have been a number of 
opportunities for us to work together in a bipartisan way. I am 
particularly proud of some legislation that Senator Pat Leahy, the 
chairman of the Judiciary Committee, and I were the cosponsors of that 
the President signed into law in December, the first reform of the 
Freedom of Information Act in perhaps as much as 25 years.
  I think perhaps the best anecdote to public skepticism about 
Washington is greater transparency because I believe giving the public 
information about how their Government works is a way to empower them 
to hold elected officials and Government accountable. When things 
happen in secret, behind closed doors, that does not happen. So I am 
delighted there are plenty of opportunities for us to work together. I 
think we should embrace them, not run away from them or look for 
opportunities for us to pick fights and to feed that skepticism and 
really the sense that I think many people expressed to me that they 
feel as though Washington is increasingly irrelevant when it comes to 
dealing with the challenges that affect our lives.
  The economy is one that has, of course, come roaring to the forefront 
as an issue on which we need to work together. I was pleased to hear 
Speaker Pelosi and Majority Leader Reid say they wanted to work with 
the President to come up with a stimulus package that is timely, 
targeted, and temporary, something that would hopefully get the economy 
moving again as it has been for roughly the last 4 years, where we have 
seen an unbroken record of growth of the economy, increased number of 
jobs, some 9 million new jobs created.
  Frankly, the way that happened is because we allowed the American 
taxpayer and small businesses to keep more of what they earned so they 
could invest it, they could spend it on the education for their 
children, they could do whatever they wanted to with it because it is 
theirs. Sometimes I think it is helpful to remind ourselves that the 
money that hard-working Americans earn is their money. It is not ours. 
It is not the Federal Government's money.
  Sometimes I think when people are in Washington too long they begin 
to think of this as revenue pay-fors, ways to raise funds so that 
Government can grow bigger and spend people's money. Well, the American 
people understand there are some things they cannot do for themselves 
and Government has to do, such as the common defense, and they are 
willing to pay their taxes for efficient Government that delivers a 
particular result that Government only can provide.
  But we ought not to use this stimulus package, the downturn in the 
economy, as a way to burden the American people with more taxes or find 
new ways to grow the size of the Federal Government. So I hope we can 
continue in a careful and judicious and thoughtful way to find common 
ground to work on a stimulus package that the President will sign and 
that will enjoy bipartisan support.
  Now, there is a lot of skepticism, as I said, about Washington. Part 
of it is that the Government does not spend the tax dollars well, 
efficiently. I have to tell you there is good evidence of that. There 
is a Web site associated with the Office of Management and Budget 
called expectmore.gov. I hope people will look at that.
  What I discovered when I looked at it is that the Office of 
Management and Budget has reviewed 1,000 different Federal Government 
programs and found 22 percent of them either ineffective or the Office 
of Management and Budget cannot tell whether they are serving their 
intended purpose.
  I am not sure which is worse. Either they are proven ineffective or 
else you cannot tell. Either way that is unacceptable and we need to 
find a way to deal with those wasteful Washington programs that need to 
be eliminated. I proposed a Federal sunset commission that is modeled 
after many of the States, such as my State, the State of Texas, where 
you have periodic reviews of those programs, and every once in a while 
the bureaucrats have to come in and justify the reason for the 
program's existence.
  If circumstances have changed, the program is no longer needed, it 
can be eliminated or the budget, rather than securing an inflationary 
or cost-of-living increase in the size of that program each year 
without any real scrutiny or oversight, they start out with a zero-
based budget and have to justify each dollar of that budget.
  So I think a national sunset commission would help us eliminate more 
wasteful Washington spending. As I

[[Page 467]]

said, I am proud of the work that Senator Leahy and I were able to do 
in a bipartisan way to reform the Freedom of Information Act to give 
people more information about their Government so they can hold 
Government and Government officials accountable. But I think there is 
more that we need to do. Recently, earlier this month, the Government 
launched a new Web site called www.usaspending.gov which allows 
Americans to search for Federal grants and contracts. I am going to 
propose legislation--I am eager to find colleagues on the other side of 
the aisle with whom I can work; I am sure there will be a number of 
them--to build on this Web site and allow taxpayers to see how the 
Government spends their tax dollars.
  Now, I wish I could say I thought of this on my own, but the fact is, 
our comptroller in the State of Texas--may I inquire how much time 
remains?
  The PRESIDING OFFICER. Five seconds.
  Mr. CORNYN. Mr. President, I am proud of the work that is being done 
by the State comptroller of Texas, Susan Combs, who has created a Web 
site wherethemoneygoes.gov. We need to use greater transparency and the 
accountability that goes with it to restore public confidence in how 
Government works. I look forward to working with our colleagues across 
the aisle and hope to find common ground, not to pick fights and find 
out where we differ but to find where we can move this country forward 
and solve some of the problems that confront us.
  Mr. President, I yield the floor.
  The PRESIDING OFFICER. The assistant majority leader.

                          ____________________




                 SENATE GRIDLOCK AND ECONOMIC STIMULUS

  Mr. DURBIN. Mr. President, I thank my colleague from Texas for 
speaking to a higher level of bipartisan cooperation in the Senate.
  I sensed this in returning to Illinois and out on the campaign trail 
for my colleague, Senator Obama, that this is a sentiment widely 
shared. The American people understand we have a lot of challenges in 
this country, and they also understand it is easy to gridlock the 
Senate.
  We had an all-time record number of filibusters initiated by the 
minority side of the aisle this last year. Sixty-two, I believe, was 
the final count, which eclipsed the 2-year record of 62 filibusters 
that had been prevailing. Certainly, we all know how to stop this train 
in the Senate. Minority rights are well respected by the Senate rules. 
And 15 minutes into our service in the Senate, you might hear the words 
``unanimous consent,'' and realize: Well, I will be darned. If I stand 
up and object, everything stops. And it is a fact.
  Many Senators have used that for valid and invalid reasons, but it 
has been used a lot. We have one Senator on the other side of the aisle 
who takes pride in the fact that he has singlehandedly stopped 150 
pieces of legislation from even being debated and considered on the 
Senate floor. Many of them are not even controversial.
  I hope we find a way around this. I want to respect every Senator's 
right, but if we truly want bipartisan cooperation, there are ways to 
achieve that. Using filibusters would not be that; objecting to bills 
just categorically would not be that approach either. But the one thing 
the American people certainly want us to do is to wake up and smell the 
coffee. And this morning, if you woke up and smelled the coffee, you 
also smelled something burning on Wall Street. What is burning is the 
Dow Jones Industrial Average. I do not know what it is at this moment, 
but it has been pretty awful starting this day, and it has been pretty 
awful for a long time.
  It is interesting in American politics that when I first started 
running for Congress 25 years ago, the most important information for 
most voters was how many people were unemployed. And the monthly 
reports on unemployment really kind of fueled the campaign. If a 
President had more and more people out of work, there was a downturn in 
the economy and a downturn in that President's popularity. That was 
historically the standard. But over time we have stopped talking about 
the unemployment figures as much and tend to watch the stock market a 
lot more.
  I think it has to do with many of us have our retirement savings tied 
up in mutual funds and 401(k)s and IRAs. And so what happens is the 
stock market, at least in the back of our minds, is how I am doing. If 
the stock market is not doing well, my family is not doing well. So 
when the news came out yesterday that the bottom is falling out of 
international markets, and the Dow Jones opens with a tremendous slump 
of 400 points or more, people understand something is not right.
  Last week, the Secretary of the Treasury, Mr. Paulson, called me and 
many leaders in the Senate and all but acknowledged that we need to do 
something, and do it in a hurry, if we are going to try to stop this 
economy from sliding into a recession.
  Well, I agree with him completely. If you look at what we have done 
over the past 7 years, to many of us it is no surprise where we are 
today. There were many on the Republican side who argued for years and 
years, and still continue to argue, that tax cuts for the wealthiest 
people in America are the answer to everything.
  If you have a surplus, you need a tax cut. If you have a deficit and 
need to stimulate the economy, you need a tax cut. You always need a 
tax cut. This kind of moralistic position of cutting taxes for the 
wealthiest people in America has been the basic doctrine of the 
Republicans in leadership for a long time.
  They have had their way: President Bush's tax cuts, even though they 
have generated the highest deficits in our history; a greater 
dependence on foreign countries and foreign capital than ever before; 
the fact that the President made history, in an unusual way, in calling 
for more tax cuts in the midst of a war.
  All of these things notwithstanding, our economy is slumping. There 
are a lot of reasons for that. One of the reasons, of course, is we 
have ignored the obvious. The strength of America is the strength of 
our families. And 40 percent of the families in America do not get 
close to the numbers that Republicans consider to be the right level 
for tax cuts.
  Over 40 percent of the people in this Nation struggle in an effort to 
pay their bills and really live paycheck to paycheck.
  It doesn't take much to derail that family train, whether it is the 
loss of a job or serious illness or some other catastrophe. These 
people have not been a priority of the Republican leadership in the 
Senate, the House, or the White House. Now comes the time when the 
economy is slumping, and all of a sudden this group that had been 
ignored for so long by Republicans in their tax-cutting priorities is, 
front and center, the centerpiece for saving the American economy. 
Welcome to real America, I say to my colleagues. These are the people 
who have been struggling for a long time and waiting to be 
rediscovered. They should be rediscovered.
  I am troubled to learn--at least some speculation is out there--that 
this so-called stimulus package is going to be limited so that it still 
doesn't help those in middle-income status or lower middle-income 
status, those working families who really do put up a struggle trying 
to get by. You don't have to spend much time out in the real world to 
meet them. They are not the legendary welfare kings and queens. These 
people get up and go to work every morning. They work hard. They don't 
make a lot of money. They struggle with no health insurance or health 
insurance that is virtually worthless. They struggle with trying to 
fill up a gas tank. It may be a beat-up old car, but it is their 
lifeline to get to work, to make a paycheck, to keep things going. They 
struggle with heating bills in a harsh and cold winter. They struggle 
with the dream of a college education for their kids and pray they will 
have a better life. These are the real-world struggles of real families 
who have been largely ignored in this economic debate in Washington.

[[Page 468]]

  When we get down to a discussion of an economic stimulus package, we 
ignore these families again at our peril. Any stimulus package that 
fails to acknowledge their need will fail to stimulate the economy. I 
don't know what the parameters will be. Targeted, temporary--all of 
these things make sense. But let's make sure we are doing the right 
thing for the right people.
  Many people go to work every day making a minimum income. They 
struggle to get by. At the end of the day, they pay their taxes but 
don't have a Federal income tax liability. How can that be? They are 
paying their Social Security taxes, they are paying the Medicare 
requirements, all of the things all workers have to pay. But they don't 
make enough money because of the size of the family to be liable for 
Federal income tax.
  Who are these people? I can give an example. We estimate that 40 
percent of all households may not make enough to qualify for one of the 
proposed stimulus packages. Families of four making less than $25,000 a 
year would get nothing. A family of four making $25,000 a year, if it 
isn't given a refundable tax credit, will receive nothing by way of a 
stimulus check.
  What does a family do if they are making $25,000 a year and receives 
$1,600, let's say, from the Federal Government? Well, if you are trying 
to get by on $2,000 a month, $1,600 from the Federal Government may be 
the answer to your prayers. You may finally be able to turn around and 
buy something you have put off for a long time. You may be able to 
catch up on some of your bills. Getting $1,600 when you are making 
$2,000 a month is a big deal.
  Let's look at the other end of the equation. What if you are making 
$20,000 a month and you get $1,600 more? That is nice. I am sure there 
is something you can do. Will it change your lifestyle? Will it change 
the economy? It is not as likely.
  That goes back to something I learned a long time ago from a Jesuit 
priest who taught economics at Georgetown University called the 
marginal propensity to save. For every dollar you are given, what is 
the likelihood you will spend it and the likelihood you will save it? 
Economists look at that, and they know that if you are in a lower 
income group, you are less likely to save, more likely to spend, 
because you are living paycheck to paycheck. If you have a lot of 
money, you are more likely to save and less likely to spend because you 
are meeting your needs each paycheck. So when we devise a stimulus 
package, let's make sure we keep that fundamental rule of economics in 
mind. Let's make sure struggling families at lower incomes aren't left 
behind. The fact that they don't pay income tax doesn't mean they are 
tax free. They do pay taxes for Social Security, for Medicare, other 
things--sales tax, for example. This is the targeted group when it 
comes to a real stimulus.
  I ask unanimous consent to have printed in the Record a letter sent 
to all Members in leadership on January 18 from John Sweeney. John is 
president of the American Federation of Labor and Congress of 
Industrial Organizations, the AFL-CIO. John lays out his priorities, 
the priorities of his organization when it comes to a stimulus package, 
a short-term stimulus.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

         American Federation of Labor and Congress of Industrial 
           Organizations,
                                 Washington, DC, January 18, 2008.
     Hon. Nancy Pelosi,
     Speaker of the House of Representatives, Washington, DC.
     Hon. Harry Reid,
     Senate Majority Leader, Washington, DC.
       Dear Speaker Pelosi and Majority Leader Reid: As Congress 
     considers legislative responses to current and anticipated 
     weakness in the U.S. economy, the AFL-CIO urges you (1) to 
     include in a short-term stimulus package measures that will 
     have the most impact on the economy and get the ``biggest 
     bang for the buck'': and (2) to address the underlying causes 
     of current economic weakness.


                          Short-Term Stimulus

       It is encouraging that President Bush has recognized the 
     immediate need for an economic stimulus package. Judging from 
     initial reports, however, it appears that President Bush's 
     proposals are too heavily weighted towards tax cuts over 
     much-needed spending, do not address crucial problems facing 
     working families, and do not target tax benefits to those 
     families who need them most and will spend them fastest.
       In particular, we are concerned that the President's income 
     tax cut proposal would not be sufficiently stimulative 
     because it fails to target lower-income and middle-income 
     households who, as the Congressional Budget Office (CBO) 
     wrote last week, are likely to spend a larger share of any 
     tax benefit they receive. We are also concerned that the 
     President's proposal to cut business taxes would not be 
     sufficiently timely and, because of the linkages between 
     federal and state tax codes, could trigger economically 
     depressing budget cuts and tax increases by state 
     governments.
       While we understand that compromise will be necessary to 
     enact a stimulus package within the next month, we urge you 
     to insist on legislative measures that will have the greatest 
     stimulative impact on the economy and would not lead to 
     economically depressing budget cuts and tax increases at the 
     state and local level.
       (1) Extension of unemployment benefits. The Congressional 
     Budget Office (CBO) and Mark Zandi of Moody's Economy.com 
     rank unemployment benefits at the top of the list of possible 
     stimulus choices, increasing economic demand by $1.73 to 
     $2.15 for each dollar spent. We urge you to enact a one-year 
     federal unemployment compensation program that provides 20 
     weeks of extended unemployment benefits in all states; 13 
     additional weeks in ``high unemployment'' states with an 
     unemployment rate of 6.0% or more; a $50 per week benefit 
     increase; and additional administrative funding. We also urge 
     Congress to provide federal financing for states to expand 
     eligibility to lower-income workers, part-time workers, and 
     workers who leave their jobs for compelling family reasons.
       (2) Increase in food stamp benefits. Many food stamp 
     recipients are not tax filers and do not receive unemployment 
     benefits, so they would not benefit from a tax rebate or 
     unemployment benefit extension. An increase in food stamp 
     benefits would be one of the most effective forms of economic 
     stimulus, since it would almost certainly be spent in its 
     entirety very quickly, boosting demand for goods and services 
     in the short term.
       (3) Tax rebate targeted towards middle-income and lower 
     income taxpayers. The individual income tax rebates proposed 
     by President Bush should be retargeted towards middle-income 
     and lower-income taxpayers, who are most likely to spend the 
     money and thereby stimulate economic activity, by making them 
     available to taxpayers who pay payroll taxes but not income 
     taxes. According to Mark Zandi, a one-time uniform tax rebate 
     would increase demand by $1.19 for every dollar spent.
       (4) Fiscal relief for state and local governments to avoid 
     the economically depressing effect of tax increases and 
     budget cuts. State and local governments are experiencing 
     lower property and sales tax revenues, due to the slumping 
     housing market and slowing economic activity. Tax collections 
     are down in 24 states, and at least 20 states are expected to 
     have budget deficits this year. Since many states have 
     balanced budget requirements, a decrease in revenues can lead 
     to budget cuts or tax increases, both of which intensify the 
     impact of an economic downturn. Congress should provide at 
     least $30 billion in aid to the states in the form of 
     revenue-sharing grants and increases in the Medicaid match. 
     According to Mark Zandi, state fiscal relief would increase 
     demand by $1.24 for every dollar spent.
       (5) Acceleration of ready-to-go construction projects. 
     Putting Americans to work directly in construction and repair 
     projects is an obvious response to rising unemployment, and 
     would directly create additional demand. Unlike tax rebates, 
     all of this investment would be spent to increase domestic 
     economic activity, none would be spent on imports, and none 
     would be saved.
       Furthermore, we believe public investment in infrastructure 
     can be targeted and timely. For example, there is a backlog 
     of at least $100 billion in needed repairs to U.S. schools. 
     There are 6,000 bridges that have been declared unsafe, and 
     many of these projects are ready for work to begin 
     immediately.
       We urge Congress to provide $40 billion for public 
     investment in infrastructure, including school, bridge, and 
     sewage treatment repair.


         addressing the longer-term causes of economic weakness

       We are hopeful that Congress and President Bush can enact a 
     short-term stimulus within the next month. However, given the 
     nature of legislative compromise, any stimulus package 
     enacted within that time frame is likely to be only a down 
     payment on what is necessary to address this country's 
     economic problems-even in the short term. Congress may even 
     need to consider a second stimulus package later in the year.
       Congress must also begin focusing today on the most 
     fundamental underlying causes of our current economic 
     weakness. While it is appropriate for Congress to focus on 
     measures that have an immediate economic impact as it crafts 
     a short-term stimulus package, this is no excuse to put our 
     heads in the

[[Page 469]]

     sand and do nothing about the underlying longer-term problems 
     afflicting our economy.
       One of the underlying causes of our current economic 
     weakness is the stagnation of ordinary Americans' incomes. 
     This will probably be the first business cycle in which the 
     typical family will have lower incomes at the end of the 
     recovery than they did at the beginning of the last 
     recession. Wage stagnation, which began in the 1970s, has led 
     to longer working hours, higher consumer debt, and increasing 
     reliance on home equities. But today home values are 
     plummeting, home foreclosures are on the rise, consumer debt 
     is reaching unsustainable levels, and prices for energy, 
     health care, and education are soaring out of reach for many 
     working families.
       There are various long-term solutions to the underlying 
     problem of wage stagnation, They include fixing our broken 
     labor laws so that workers who want to form a union can 
     bargain with their employers for better wages and benefits; 
     ensuring affordable health care and retirement security; 
     fixing our flawed trade policies; and reactivating the 
     historically successful fiscal and monetary policies that 
     place a higher priority on full employment. Near-term energy 
     investments in the greening of our energy base would also 
     offer both environmental and economic payoffs in the form of 
     good jobs and improved competitiveness.
       Another underlying cause of our current economic weakness 
     is deregulation of the financial sector. The absence of 
     transparency and effective regulation of the mortgage and 
     financial services industries cries out for urgent attention.
       Speaker Pelosi and Majority Leader Reid: though we have 
     framed this discussion in the rather dry and impersonal 
     language of stimulus and macroeconomic impacts, there is a 
     human dimension to this story we can never lose sight of. 
     Many, many working families all over this country are barely 
     hanging on and are deeply worried that the steep economic 
     downdraft will pull them off their perilous perch. The real 
     test for any economic proposal considered by Congress in the 
     coming weeks and months should be: what does it mean for 
     them?
       Thank you in advance for your consideration of our 
     concerns.
           Sincerely,
                                                  John J. Sweeney,
                                                        President.

  Mr. DURBIN. If Members look at the list of things John Sweeney has 
highlighted, he understands what I have just described: the rules of 
economics, the fact that a lot of working families have not been part 
of the grand bargain in Washington for a long time. John Sweeney says: 
Let's extend unemployment benefits. That certainly is something on 
which money is well spent. Every dollar you put into unemployment 
benefits increases economic activity by $1.73, up to $2.15. It is a 
terrific boost to the economy, plus it goes to the people who need it 
the most, the ones who are out of work.
  Mr. Sweeney also calls for an increase in food stamp benefits. Many 
of these people are not tax filers and don't receive unemployment 
benefits, so they would benefit. They are struggling with their jobs, 
trying to get by, and many of them still qualify for food stamps.
  He also talks about a tax rebate targeted toward middle and lower 
income taxpayers. He talks about acceleration of construction projects. 
That is money well spent too. It isn't just the Tax Code we should be 
looking at. There are other ways to move the economy and do the right 
thing for America.
  One of the things Mr. Sweeney notes in his letter is that there is a 
backlog of $100 billion in needed repairs to American schools. He also 
says there are 6,000 bridges that have been declared unsafe. The 
Presiding Officer certainly knows that issue well, as chair of the 
Transportation Appropriations Subcommittee. There is a lot we can do to 
improve the economy of America by improving the infrastructure. I don't 
have to remind people what happened in Minnesota not long ago when a 
bridge failed. People died. It is an indication to all of us that we 
have to be aware of that need.
  This letter I commend to all colleagues because it is a good starting 
point when we discuss what we can do to this economy to make a 
difference, a real stimulus package.
  This package should be funded at appropriate levels to have an impact 
on our gross domestic product. The money should go by way of help to 
taxpayers and their families who truly are struggling. I just have to 
tell you, if you are making a quarter million a year, the notion that 
the Federal Government is going to send a rebate check to Members of 
Congress and people who make dramatically more money--wait a minute; 
what is this all about? Doesn't it make more sense for us to focus on 
those folks who are struggling who will spend it, who will energize the 
economy, than maybe giving enough money for families so that they can 
put a little extra coat of varnish on their yacht? Is that really an 
economic stimulus? I don't think so.
  I hope we will be able to help those businesses that will create 
good-paying jobs in America. That is critically important. I hope we 
will do this in a way mindful of the need for unemployment insurance 
and food stamps for those who are truly at the bottom and trying to 
move on with their lives and make a new life for their families.
  The Center on Budget and Policy Priorities issued a statement and 
said that the stimulus plan that some have suggested may fail a test of 
being effective if it doesn't help families making under $40,000 a 
year. Keep in mind that if you are being paid the minimum wage in 
America, you are making a little over $20,000 a year. So even people 
making twice the minimum wage and more would receive no help from some 
of proposals made already. We don't need to bypass 45 percent of 
households, 65 million of them with modest incomes. If a family of four 
has an income below $41,000 a year, under some of the proposals being 
discussed, they receive no help at all. We have to make sure they are 
included. We have to make certain the economic stimulus package really 
reaches those who have been left behind by the tax cuts for wealthy 
people that have been in vogue for so long in Washington.
  These families are the strength of our country. These are the people 
who get up every morning and go to work, raise the kids, and make the 
neighborhoods and towns that make America strong. It is time for us to 
try to come together on a bipartisan basis, get an economy moving 
forward which helps all of us by making certain we don't leave behind 
those families at the end of the economic ladder who have been ignored 
for so long.
  During the course of this break, I visited with a lot of families. It 
is hard to imagine sometimes, for those of us who are lucky enough to 
make a good living and have good health insurance, what these poor 
families put up with in trying every single month to keep it together. 
It is a lot of stress and strain. There is no stimulus package we will 
pass that will wave a magic wand and make their lives miraculously 
better. But woe to us if we pass a stimulus package which ignores the 
reality of economic sacrifice and struggle in America. Woe to us if we 
pass a stimulus package which ends up putting money in the hands of 
those who, frankly, don't need it as much as others. And woe to us if, 
at the end of the day, we stay hidebound to some old theories that have 
not worked and find our Nation sliding into a recession where we will 
all suffer.
  I yield the floor.
  The PRESIDING OFFICER (Mrs. Murray). The Senator from Montana.
  Mr. BAUCUS. Madam President, is the Senate in morning business?
  The PRESIDING OFFICER. The Senator is correct.
  Mr. BAUCUS. I rise to speak for less than 10 minutes.
  The PRESIDING OFFICER. The Senator from Montana has 12\1/2\ minutes 
remaining on the Democratic side.
  Mr. BAUCUS. I thank the Chair.
  I would like to make two points. First, the Finance Committee held a 
hearing this morning--in fact, it is going on right now--on an economic 
stimulus package, pressing the Director of the Congressional Budget 
Office, Peter Orszag, on various options that will stimulate the 
economy the most and what options will help people who need their money 
the most. That is not just all Americans who pay income taxes but 
people who don't pay income taxes, people who don't pay payroll taxes 
but file because they think, as good Americans, they should--they have 
no income tax liability and no payroll tax liability--and also some 
senior citizens who file income tax returns but who do not have any 
significant income tax liability. The fact is,

[[Page 470]]

if the rebate alone were to be given to anybody who files an income tax 
return, which was not the case with the 2001 rebate program--that 
applied only to people who paid income taxes--if a rebate were to apply 
to all filers irrespective of whether they paid income tax, that would 
reach 90-plus percent of all Americans. Add to that extending 
unemployment insurance benefits and food stamp benefits, I think that 
package would really help people who need it the most.
  There are various ways to put this together. I even suggested as a 
possibility, so as not to spend more than we should on a total package, 
that whereas the President is suggesting an $800 rebate for individual 
filers and a $1,600 rebate for couples, that could be significantly cut 
down, but give a bonus to households that have children so that a 
couple with two or three children would get an additional, say, $400 
bonus per child in addition to the, say, $400 or $500 payment an 
individual would get or, say, an $800 check that a couple would get.
  My point is, the Finance Committee is exploring different ways to 
make sure we do what is best. Of course, it will depend on some 
negotiation with the White House and both Houses of Congress. But I 
want to make the point clearly that we in the Finance Committee are 
doing our level best to try to find what works best, to get the 
greatest bang for the buck, with a view toward getting a stimulus 
package passed quickly, not loading it up with measures that are going 
to bog it down and prevent passage.

                          ____________________




                   INDIAN HEALTH CARE IMPROVEMENT ACT

  Mr. BAUCUS. Madam President, I rise to speak briefly on the next 
order of business, and that is the Indian Health Care Improvement Act.
  In the 1939 WPA Guide to Montana, it is written:

       The Indian attitude toward the land was expressed by a Crow 
     named Curly.

  He was from the Crow Indian tribe. Here is what he said:

       The soil you see is not ordinary soil--it is the dust of 
     the blood, the flesh, and the bones of our ancestors. You 
     will have to dig down to find Nature's earth, for the upper 
     portion is Crow, my blood and my dead. I do not want to give 
     it up.

  But over our long national history, we all know, sadly, the Federal 
Government repeatedly separated America's original inhabitants from the 
land they so dearly loved and continue to love. As a result of that sad 
and sometimes dishonorable history, as a result of treaties, statutes, 
court decisions, executive orders, and moral obligations, the United 
States owes a singular debt to its Native Americans.
  In partial fulfillment of that obligation, in 1976, Congress passed 
the first Indian Health Care Improvement Act. That 1976 law was the 
first legislative statement of goals for Federal Indian health care 
programs. That law established the first statutory requirements for the 
provision of resources to meet those goals.
  In that 1976 act, the Congress found that:

       Federal health services to maintain and improve the health 
     of the Indians are consonant with and required by the Federal 
     Government's historical and unique legal relationship with, 
     and resulting responsibility to, the American Indian people.

  Today, when we get to the bill--I think roughly in about an hour from 
now--at long last, we will have before us the Indian Health Care 
Improvement Act of 2007. It has been a long trail that has led us here 
today. It is important we made the journey to get here. This bill will 
provide better health care for nearly 2 million American Indians from 
562 federally recognized American Indian and Alaska Native tribes. We 
need to improve the health care of Native Americans. Native Americans 
suffer from tuberculosis at a rate 7\1/2\ times higher than the non-
Indian population. The Native American suicide rate is 60 percent 
higher than in the general population.
  Medicare--our program for seniors--spends about $6,800 per person a 
year. Medicaid--the low-income program for health care--spends about 
$4,300 per person. The Bureau of Prisons spends about $3,200 per person 
for health care. But the Indian Health Service spends only $2,100 for 
health care. That is less than a third of Medicare, less than half of 
Medicaid, and a third less than what the Federal Government spends for 
medical care for prisoners.
  From the beginning of the Indian Health Care Improvement Act of 1976, 
Medicare and Medicaid have played a part in paying for health care 
delivered to Native Americans. The 1976 act amended the Social Security 
Act ``to permit reimbursement by Medicare and Medicaid for covered 
services provided by the Indian Health Service.'' Today, Medicare, 
Medicaid, and now the Children's Health Insurance Program are a 
significant source of funding for health care delivered to Native 
Americans.
  I am proud that an important part of the Indian Health Care 
Improvement Act before us today is a product of the Finance Committee. 
That committee's provisions address health care provided to Indians 
through Medicare, Medicaid, and the Children's Health Insurance 
Program. Those provisions would increase outreach and enrollment of 
Indians in Medicaid and the Children's Health Insurance Program. These 
provisions would protect Indian health care providers from 
discrimination in payment for services and require States and the 
Secretary of HHS to consult with Indian health providers, and they 
would ensure that Medicaid managed care organizations pay Indian health 
providers appropriately.
  It is a good package. It is not near enough. It is an abomination--it 
is a tragedy what little attention we pay to Native Americans' health 
care needs. I wish more people in the country would visit Indian 
reservations. I wish they would visit Indian Health Service hospitals. 
They would realize the abysmal plight of so many people in America. But 
this bill helps. It helps provide more resources where people need it--
not near enough but more--and I strongly encourage the Senate to pass 
this bill when we get to it in the next hour or so. Congress should 
reauthorize the Indian Health Care Improvement Act.
  The United States owes a debt to the Native American population whose 
ancestors are tied up with the very soil all Americans share. The 
Federal Government owes a duty to help improve the health of American 
Indians. And we in this Senate have the obligation to pass this act and 
honor the flesh, the bones, and the blood of our Indian brethren.
  Madam President, I yield the floor and suggest the absence of a 
quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. DORGAN. Madam President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________




                     CONCLUSION OF MORNING BUSINESS

  Mr. DORGAN. Madam President, what is the order of the Senate?
  The PRESIDING OFFICER. Morning business is now closed.

                          ____________________




         INDIAN HEALTH CARE IMPROVEMENT ACT AMENDMENTS OF 2007

  The PRESIDING OFFICER. Under the previous order, the Senate will 
proceed to the consideration of S. 1200, which the clerk will report.
  The legislative clerk read as follows:

       A bill (S. 1200) to amend the Indian Health Care 
     Improvement Act to revise and extend the act.

  Mr. DORGAN. Madam President, this is a piece of legislation we have 
reported out of the Committee on Indian Affairs in the Senate. Senator 
Murkowski, the vice chair, and I have worked hard on these issues. We 
have also made some changes since reporting the bill out of the 
Committee on Indian Affairs and will offer a substitute that will be 
cosponsored by both of us. We are now clearing that substitute, and I 
will, at the appropriate time today, I hope, offer the substitute 
version.
  Some might wonder why there is a separate Indian health care bill, 
and

[[Page 471]]

the answer is relatively simple: because this country has a trust 
responsibility--a trust responsibility that has grown over a long 
period of time and has been reaffirmed by the Supreme Court, affirmed 
by treaties with various Indian tribes--a trust responsibility to 
provide health care for Native Americans.
  The last comprehensive reauthorization of the Indian Health Care 
Improvement Act was 15 years ago in 1992. The act itself has been 
expired for the last 7 years, and it is long past the time for this 
Congress to reauthorize this program. Even though the act has expired, 
the Indian Health Service continues to provide Indian health care, 
despite not having a current authorization. But with advances in 
medicine and in the delivery and in the administration of health care, 
we need to finally pass this reauthorization and give the Indian 
population of this country the advantage of the expansions we will do 
in this reauthorization bill.
  This legislation reflects the voices and the visions of Indian 
Country. It also responds to a number of concerns that have been raised 
by others, including the administration. The enactment of this 
reauthorization has been the top priority of myself and the vice chair 
of the committee, Senator Murkowski. I also wish to say the former vice 
chair of the committee, the late Senator Craig Thomas from Wyoming, at 
the start of this Congress, worked very hard on this legislation and 
cared very deeply about it. We bring this to the floor, remembering the 
work of Senator Thomas and recognizing his important work.
  I wish to describe the need for the legislation as I begin before I 
describe the legislation itself. I have in the past couple weeks done 
some listening tours on Indian reservations, particularly in North 
Dakota, and we heard and saw many examples of deplorable conditions in 
Indian health care. It is true there are some health care providers in 
the Indian Health Service that are making very strong efforts to do the 
best they can, but they are overburdened and understaffed, underfunded. 
I wish to give some examples of that.
  I wish to show a picture--a photograph, rather--of someone I have 
shown to the Senate before. This is a woman on the reservation in North 
Dakota, the Three Affiliated Tribes near New Town, ND. Her name is 
Ardel Hale Baker. Ardel Hale Baker has given me consent to use her 
image. She had chest pains that wouldn't quit. Her blood pressure was 
very high. So they went to the Indian health clinic, and she was 
diagnosed as having a heart attack. The clinic staff determined she 
needed to be sent immediately to the nearest hospital 80 miles away. 
She told the staff she didn't want to go in an ambulance because she 
knew she would end up being billed for the trip, and she didn't have 
the money. So she signed a waiver declining the ambulance service, but 
the Indian Health Service said you have to take it anyway. We have 
diagnosed a heart attack happening here. You have to take the 
ambulance.
  She arrived at the hospital and Ardel Hale Baker at the hospital was 
being taken out of the ambulance and transferred to a hospital gurney. 
As this woman, having a heart attack, was transferred to the hospital 
gurney, a nurse saw a piece of paper taped to her thigh and the piece 
of paper taped to her thigh was a piece of paper that was notifying the 
health care provider there wasn't going to be any money for this 
patient. The nurse asked this woman who was then having a heart attack 
what the envelope was. She pulled the envelope that was taped to her 
leg off her leg and asked: ``Mrs. Baker, is this yours?'' When they 
looked at the paper, here was the document. The document was from the 
Department of Health and Human Services, attached by the folks on the 
Indian reservation, taped to her leg as she left to be put in the 
ambulance, and it says:

       Understand that Priority 1 care cannot be paid for at this 
     time due to funding issues. A formal denial letter has been 
     issued. If and when funds become available, the health 
     service will do everything possible to pay for Priority 1 
     care.

  What this means is this--contract health care, which cannot be 
delivered on the reservation. This reservation has a clinic. It is open 
from 9 until 4 every day, 5 days a week. It is not a hospital, it is a 
clinic. For health care that cannot be delivered at that clinic, you 
have to refer the patient somewhere else. But that has to be paid for 
with contract health care funds, and they run out very quickly.
  We had one reservation tell us they were out of health care contract 
money in January, 4 months into the fiscal year. On this reservation, 
they say don't get sick after June because the contract health care 
money is gone. This poor woman was loaded onto a hospital gurney with a 
piece of paper taped to her leg, saying to the hospital that if you 
admit her, understand that the Indian Health Service will not pay. This 
woman must pay. Obviously, this woman had no money. It was a way to say 
to the hospital that if you admit this patient, you are on your own.
  Well, I visited a Sioux reservation at Standing Rock, the McLaughlin 
Indian Health Center, a couple of weeks ago. The Standing Rock 
Reservation clinic sees 10 patients in the morning and 10 in the 
afternoon. I believe they only have a physician assistant there. The 
reason given in the memorandum about the 10 and 10 was the clinic had 
only one medical provider and patients signed up in the morning. 
Anybody arriving after the quotas were made were turned away.
  Harriet Archambault received her last prescription for serious 
hypertension and stomach medication on October 25, 2007. As the 
medicine ran out, she attempted five times to sign up at the clinic, 
leaving home early in the morning, driving 18 miles to the clinic but 
arriving too late each time. Her name was not on the top 10. She 
couldn't wait at the clinic for a possible opening because she provided 
day care for three of her grandchildren. So her medication ran out.
  In a conversation with her sister prior to her death, she said: What 
do I have to do, die first before I finally get my medication? She 
tried five times to drive the nearly 20 miles to the clinic, and five 
times failed and never got her medicine, and she died a month later, 
November 27, 2007. Her husband told that story because he wants us to 
understand that delivery of health care is about life and death.
  I have shown a photograph to my colleagues. I wish to do so again. It 
is a photo of a precious young lady who died, Ta'shon Rain Littlelight. 
I was at the Crow Indian Reservation in Montana when I met the 
grandmother of Ta'Shon Rain Littlelight. This was a beautiful 5-year-
old girl. She loved to dance. This was traditional dance regalia, and 
she loved to go to dance contests. Ta'Shon Rain Littlelight died. Here 
is how she died. Her grandmother and mother and aunt told me she died, 
with the last 3 months of her life in unmedicated, severe pain. She 
went back and back and back to the Crow Tribe's Indian Health Service 
clinic for health problems. They began treating her for depression. 
Depression. During one of the visits, one of the grandparents of 
Ta'Shon said: Well, she has a bulbous condition on her fingertips and 
toes. That suggests there may be a lack of oxygen to the body, or 
something is going on. Can't you check that? Ta'Shon was treated for 
depression.
  Finally, one day, August 2006, she was rushed from the Crow clinic, 
where she had gone once again to the St. Vincent Hospital in Billings, 
MT. The next day she was airlifted to the Denver Children's Hospital 
and was diagnosed with untreatable, incurable cancer. She lived for 3 
more months after the tumor was discovered in what her grandmother said 
was unmedicated pain. She died in September 2006. Her parents and 
grandparents asked the question: If Ta'Shon's cancer had been detected 
sooner, would this child perhaps have lived?
  When diagnosed with terminal illness, the one thing Ta'shon Rain 
Littlelight wanted to do was see Cinderella's castle, so Make-a-Wish 
sent her to Orlando. But the night before she was to see the castle, in 
the hotel room in Orlando, she died in her mother's arms.
  The question is, for a young girl such as Ta'shon Rain Littlelight, 
should she

[[Page 472]]

have had the same opportunity in health care others have? Is this what 
we are willing to accept? Not me. This problem has a human face. I 
could tell a dozen more stories similar to Ardel Hale Baker and Ta'Shon 
Rain Littlelight.
  I sat on Indian reservations for a total of probably six hours 
listening to stories about Indian health care. Let me talk about the 
statistics, if I might.
  For tuberculosis, the mortality rate for American Indians and Alaskan 
Natives is seven times higher than the American population as a whole.
  For alcoholism, the mortality rate is six times higher.
  For diabetes, it is not double but triple--three times higher.
  Twenty percent of American Indians and Alaskan Natives over age 45 
have diabetes. There are reservations in my State where they estimate 
over 50 percent of the adults have diabetes.
  American Indians and Alaskan Natives have higher rates of sudden 
infant death syndrome than the rest of the Nation.
  Injuries are the leading cause of death for Native Americans ages 1 
to 44. Injuries include pedestrian accidents, vehicular accidents, and 
suicides.
  The cervical cancer rate for Indians and Alaskan Natives is four 
times higher than the rest of the population.
  The suicide rate for American Indians and Alaska Natives between ages 
15 and 34 is triple the national average. For Indian teens in the 
northern Great Plains, it is 10 times the national average.
  I have shown my colleagues a photograph of Avis Little Wind. Avis 
Little Wind is a young teen who died. Avis Little Wind's relatives gave 
me permission to use her photograph. This is a 14-year-old girl who lay 
in bed in a fetal position for 90 days and then killed herself. Her 
sister had taken her life 2 years previous. Her dad had taken his life. 
For 90 days, somehow, everybody missed little Avis. The school missed 
wondering what happened. She lay in bed for 90 days and then took her 
life because she felt there was no hope and no help.
  On that reservation, I went and met with the tribal council, school 
administrators, and her classmates to try to find out how does a kid, 
age 14, fall out of everyone's memory and everyone's vision? What I 
have discovered is there are a lot of issues, but there was not any 
kind of health care treatment available for a young girl, age 14, who 
had these kinds of problems. Even had there been health care available, 
there would not have been a car to drive her there. There is a basic 
lack of transportation. Aside from the fact they don't have the 
capability to provide the necessary health care treatment that is 
necessary to intervene, we have to do better. We have a responsibility 
to do better.
  I wish to address the question of why it is our responsibility. Why 
is the plight of Native Americans a responsibility to the Federal 
Government? The simple answer is we are bound to follow the law set 
forth in the Constitution, in treaties, and in the laws of our land. We 
are bound to follow the trust responsibility that has been imposed on 
us by the Constitution, the rulings of the Supreme Court, and by 
treaties.
  Now, our predecessors long ago negotiated treaties with Indian tribes 
in which we received, as a Nation, hundreds and hundreds of millions of 
acres of Indian homeland to help build this great Nation of ours. In 
return for the enormous cessions of land by the Indians, our country 
promised certain things. We promised to provide things such as health 
care, education, and the general welfare of Native Americans.
  This chart I am going to show you shows a provision from one of those 
treaties, and there are a lot of them, most of them broken by our 
country. This is with the northern Cheyenne and Arapaho. It says:

       The U.S. hereby agrees to furnish annually to the Indians 
     who settle upon the reservation a physician.

  It says we have your land and we are going to give you a reservation, 
but we also understand our responsibility, and we will provide health 
care. We have failed miserably to hold up our end of the bargain.
  This bill doesn't provide health care for Native Americans simply 
because it is the moral and right thing to do. It is, certainly. It is 
a bill that requires us to keep our word. It is an active step to 
fulfill our responsibility, our end of the bargain, struck by our 
predecessors a long time ago.
  In addition to the treaty obligations, the U.S. obligations to Indian 
tribes are set forth in hundreds of U.S. Supreme Court cases and 
Federal statutes.
  I wish to especially refer to the next chart. In 1831, the U.S. 
Supreme Court, in an opinion by Chief Justice John Marshall, recognized 
a general trust relationship between the United States and Indian 
tribes. He held that the United States assumed a trust responsibility 
toward the tribes and their members. He explained the United States not 
only has the authority to deal with Indian tribes and their members, 
but also the responsibility and obligation to look after their well-
being.
  In describing Indian tribes as ``domestic dependent nations,'' he 
also established the relationship in that ruling between the United 
States and tribes as similar to one between ``a ward to his guardian.''
  Now, at the time, these Supreme Court decisions were used by the 
United States to justify our actions toward the Indians, such as 
forcing Indians from homelands and placing them on reservations. But we 
cannot now ignore these court decisions merely because we are doing a 
poor job of fulfilling our obligation.
  At the time of the Supreme Court's decision I described, the United 
States, through the Department of War, was already providing health 
care services to Indians on reservations. That practice began in 1803 
and the United States has been providing such health care for over 200 
years.
  One of the initial reasons for providing health care on reservations 
was because we were the ones who were transmitting diseases to Indian 
nations and forcing them into environments where diseases would 
prevail. That became evident in 1912 when then-President Taft sent a 
special message to Congress summarizing a report that documented the 
deplorable health care conditions on Indian reservations.
  In 1913, the Public Health Service reached a similarly distressing 
conclusion about the health of Native Americans. The Snyder Act was 
passed in 1921--I am providing the history so people understand what is 
the context of health care for Indian nations--one of many laws passed 
by the Congress over the last 100 years to try to address the health 
disparities between American Indians and the rest of our society: The 
Snyder Act of 1921, Indian Health Facilities Act of 1957, Indian Self-
Determination of 1975, and the Indian Health Care Improvement Act of 
1976 as it was amended in 1992.
  President Nixon, in 1970, said in a message to the Congress:

       The special relationship between Indians and the Federal 
     Government is the result of solemn obligations which have 
     been entered into by the United States Government. Down 
     through the years through written treaties . . . our 
     Government has made specific commitments to the Indian 
     people. For their part, the Indians have often surrendered 
     claims to vast tracks of land. . . . In exchange, the 
     Government has agreed to provide community services such as 
     health, education and public safety, services which would 
     presumably allow Indian communities to enjoy a standard of 
     living comparable to that of other Americans. This goal, of 
     course, has never been achieved.

  That is in 1970 from the President of the United States, describing 
our responsibility.
  Let me talk just for a moment about the proposed legislation, having 
described the reason for us to bring a piece of legislation to the 
floor of the Senate.
  We know--and it has been like pulling teeth to find this out--we know 
there is full-scale health care rationing on Indian reservations. It 
should be front-page headline news in all the biggest newspapers in the 
country, but it is not. If it was happening elsewhere, it would be 
front-page headlines, but it is not now.
  Forty percent of health care needs of Native Americans are not being 
met. We meet 60 percent of the health care

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needs; 40 percent are unmet. So it is rationed, and that is why Ardel 
Hale Baker, having a heart attack, is wheeled in to a hospital with a 
piece of paper taped to her leg saying: ``This isn't going to be paid 
for.'' It is health care rationing, there is no other way to describe 
it, no soft way to put a shine on it. It is health care rationing. It 
shouldn't happen, and I think it is an outrage, because it is happening 
on Indian reservations. It is seldom covered by the 24/7 news hour, but 
it should be, because it is a scandal. I hope this is the first step to 
begin addressing it.
  This legislation will be described by some who come to the floor of 
the Senate as not enough. I agree with that assessment. This is a first 
step, at last, at long last, that should have been done a decade ago. 
It is a first step in the right direction, but it is a first step as a 
precursor to real reform because we need reform.
  This is a reauthorization 10 years after it should have been done. We 
are reauthorizing and expanding programs that I will describe, but we 
need to do much more. When we move this legislation through the Senate, 
through the House, and it is signed by the President, I intend, with 
the Indian Affairs Committee, to begin immediately with new and more 
aggressive reforms, and it is urgent we do so.
  This bill expands the types of cancer screenings that are available 
to American Indians. It expands the types of communicable and 
infectious diseases that health programs can monitor and prevent beyond 
tuberculosis, which now is the emphasis, to include any disease. It 
expands the recruitment and scholarship programs and authorizes nurses 
currently serving in the Indian Health Service to spend time teaching 
students in nursing programs. These are critical programs, given that 
there is a 21-percent vacancy rate for physicians in the Indian Health 
Service, and the entire Nation faces a shortage of nurses.
  There is a new program in this legislation dealing with teen suicide 
on Indian reservations. I held hearings on this subject. We have worked 
for legislation that will provide screenings and mental health 
treatment, and we begin to address those issues with this legislation.
  Treatment for diabetes: We held a hearing to examine the threat of 
diabetes to the health of American Indians. It is an unbelievable 
threat. Diabetes emerges as the most serious and devastating health 
problems of our time, and nowhere in this country is it worse than on 
Indian reservations. It affects the Indian population in a dramatic 
way.
  I ask any of my colleagues, if they wonder about that, go to a 
reservation and see if they have a dialysis unit, and watch the people 
in the dialysis unit getting dialysis, some having lost limbs, having 
one leg cut off, another leg cut off, still trying to stay alive. The 
ravages of diabetes is an unbelievable scourge in Indian country. It is 
a serious problem for our entire country, but nowhere is it worse than 
among American Indians. In some communities, the prevalence reaches 60 
percent of adults. In the 14-year period from 1990 to 2004, the 
diabetes rate among Indian kids 15 to 19 years old increased 128 
percent.
  We expand and enhance the current diabetes screening program. We 
direct the Secretary to establish an approach to monitor the disease, 
provide continuing care among Native Americans, and authorize the 
Secretary to establish a dialysis program to treat this threatening 
disease.
  Health service to Native American veterans: It is well documented 
that there is no population in this country that has participated with 
greater distinction or in greater numbers per capita serving in this 
Nation's military than Native Americans--none. Many Indians served in 
World War I even before our Nation recognized Indians as citizens of 
our country. Think of that, we had American Indians sign up to fight 
for this country when they were not yet considered citizens of this 
country.
  I was checking recently, and 1962 was the last time when a State 
finally passed legislation allowing Indians to vote in the State. Think 
of that, go back to 1961 and understand, there were places in this 
country where American Indians were not allowed to vote in State 
elections. And until the early part of the last century, they were not 
considered citizens. Yet they were signing up to go to war for this 
country, to fight for this country.
  I attended a ceremony on the Spirit Lake Reservation a few months ago 
and passed out medals--Silver Stars, a lot of medals--to three soldiers 
who are now elderly men who served this country in the Second World War 
with unbelievable valor, had fought all around this world for this 
country and earned these medals--Silver Star, Purple Heart, and various 
others. They were enormously proud of their country.
  Go to a reservation and find out what percent of the population of 
eligible adults sign up to serve in the military on an Indian 
reservation and you will be surprised. There is no group of Americans 
who signs up in bigger numbers to serve this country in the military.
  Senator Murkowski and I have a provision in this bill that deals with 
health services to Native American veterans. More than 44,000 American 
Indians out of a total Native American population of less than 350,000 
at that point served in World War II. Think of that. Out of a 
population of 350,000, 44,000 of them served in the Second World War.
  We had a ceremony in this Capitol Building, honoring the Code Talkers 
who played a significant role in intercepting and deciphering the codes 
used by the Nazis. We gave the Congressional Gold Medal to those Native 
American Code Talkers.
  We direct the Secretary of Health and Human Services to provide for 
the expenses incurred by any eligible Native American veteran who 
receives any medical service that is authorized by the Department of 
Veterans Affairs and administered at an Indian Health Service or tribal 
facility. We want the Indian Health Service to be able to get the 
funding to provide that health care.
  This bill also provides a provision dealing with domestic violence. 
My colleague, Senator Murkowski from Alaska, was particularly 
instrumental in this provision. We held a hearing to examine the causes 
of and solutions to stopping violence against Native American women.
  We received testimony that more than one in three American Indian and 
Alaska Native women will be raped or sexually assaulted during their 
lifetime. That is pretty unbelievable. We received reports of rapes 
that were not investigated. We received reports of circumstances where 
there isn't even the basics, just a rape kit available to take 
evidence.
  We have included in this legislation some approaches that I think 
will be very helpful: Community education programs related to domestic 
violence and sexual abuse, victim support services and medical 
treatment, including examinations performed by sexual assault nurse 
examiners, and a requirement for rape kits. I think we have made 
significant progress. I thank Senator Murkowski for her special 
interest in that section of the bill as well.
  Finally, we have a section of the bill that deals with convenient 
care service demonstration projects. The reason for that is I don't 
want to see the rest of the country move toward convenient care, walk-
in clinics with long hours, 7 days a week, only to have Indian 
reservations be out there with these clinics that serve at times that 
are not very convenient.
  I have a photograph of a clinic I visited last week on the New Town 
Reservation. They are open, I believe, from 9 a.m. until 4 p.m., 5 days 
a week. Good for them. They take an hour off for the noon hour, by the 
way, and close it. I think it is 9 a.m., maybe 8. This is the Minne-
Tohe Health Center, of the Three Affiliated Tribes. I visited there 
within the last week or so. They are open 6 or 8 hours a day, take an 
hour off for lunch and close it down. If at 5 o'clock in the afternoon, 
you are having a heart attack there, you are in trouble. If it is 
Saturday and you have a bone fracture, you are in trouble, because you 
are 80 miles from the hospital in Minot, ND.

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  My point is, why not develop a model care system of convenient care 
clinics open long hours, 7 days a week? Let's extend the opportunity 
for real health care on Indian reservations.
  We have done a lot of other things in this legislation, including 
establishing the framework for the next approach on reforming this 
system completely, and that is the establishment of a bipartisan 
commission on Indian health care which will study the delivery of this 
system and recommend approaches that we will begin working on 
immediately in the Indian health care area in our committee.
  I have described a number of items that are not positive, and I will 
later today describe some good news, because there are some positive 
things going on. One of the Indian reservations I visited in the last 
week has an Indian health care clinic that is dramatically underfunded. 
The tribal council voted to take $500,000 of the funds that belong to 
the tribal government and move it to try to support that clinic. That 
is good news. Good for them. That takes a lot of courage and 
commitment.
  There are good things happening, and I am going to talk about that a 
little later today.
  The fact is, we have a desperate situation with respect to health 
care in the Indian nation, and it cannot continue. We cannot allow it 
to continue. In the name of children who should not have died--Avis 
Little Wind or Ta'Shon Rain Littlelight or others--we cannot allow this 
to continue to happen. This country is better than that.
  I close by quoting Chief Joseph of the Nez Perce Tribe, located in 
what is now Idaho. Chief Joseph, one of the great Indian leaders, was 
pretty upset about a lot of things. Here is what he said about broken 
promises:

       Good words do not last long unless they amount to 
     something. Words do not pay for my dead people.
       Good words cannot give me back my children. Good words will 
     not give my people good health and stop them from dying.
       I am tired of talk that comes to nothing. It makes my heart 
     sick when I remember all the good words and all the broken 
     promises.

  This legislation on the floor of the Senate is not just some other 
bill. This is a step toward the completion of promises that have been 
made, not ``we hope to help you,'' but promises--promises that have 
been made in treaties, promises that have to be kept as a result of a 
trust responsibility that exists with American Indians.
  To make the case finally, let me say this: There is a chart that 
shows how much we spend per person on health care, and that chart 
describes something I think all need to know about the commitment of 
Congresses and Presidents for a long period of time.
  This chart shows we have a responsibility to provide health care for 
Federal prisoners. We incarcerate them because they committed a crime, 
and we stick them in prison. But in their prison cell, we have a 
responsibility for their health care. That is our job, and we meet that 
responsibility.
  We also have a responsibility for health care for American Indians, 
because of a trust responsibility and because of treaties we signed 
after we expropriated massive amounts of their land. We don't meet that 
responsibility. In fact, this chart shows that we spend almost twice as 
much per person providing health care for incarcerated Federal 
prisoners as we do providing health care for American Indians. That is 
why little 5-year-old Ta'Shon Rain Littlelight dies, because she 
doesn't have the same access to health care that the rest of us do. It 
is why when a woman goes to the doctor, the doctor shows up at our 
committee and testifies, saying: You know, a woman came to me who had 
been to the Indian Health Service doctor. She had a knee so bad--it was 
bone on bone--it was unbelievably painful. He said it was the kind of 
knee that, if it belonged to somebody in my family or yours, we would 
get knee replacement surgery. We would have to get knee replacement 
surgery because we wouldn't be able to live with it that way. You can't 
live with that kind of pain. But she told me she went to Indian Health 
Service, and they told her to wrap the knee in cabbage leaves for 4 
days and it would be okay. Wrap the knee in cabbage leaves. This is a 
knee which we would get replaced, yet this Indian woman is told to wrap 
it in cabbage leaves.
  Are we meeting our responsibility? People are dying. Forty percent of 
the health care need is unmet. I have described the conditions that 
exist in these health clinics and on reservations. The answer is, we 
are not meeting our responsibility, and at least from my standpoint, 
and I believe I speak for the vice chair, though she will speak for 
herself, it is past time, long past the time when this country should 
keep its promise.
  Chief Joseph is long gone, but that doesn't mean we don't have a 
responsibility to keep our promise to the first Americans. They were 
here first. To this point, we have had all kinds of circumstances over 
many years of pushing them to reservations after we took their land, 
then pushing them off the reservation and saying they had to go to the 
city. So they got a one-way bus ticket and were told: By the way, we 
want you to mainstream, to get you off this reservation. So they got a 
ticket and were sent to the city, and then we decided that was wrong, 
and we brought them back.
  What has been happening in this country in public policy dealing with 
American Indians is unbelievable, and it has to stop. Let us meet our 
responsibility, keep our promises, and provide decent health care to 
the people who were here first. That is what this bill does.
  This bill is just a step in the right direction, and it will be 
followed by significant reform. When we do that, I will feel that, 
finally, at long last, this country has kept an important promise to 
those who were here first.
  Mr. President, I yield the floor.
  Mr. GREGG. Mr. President, I ask unanimous consent to speak briefly at 
this point. I ask unanimous consent that at the completion of the 
remarks of the Senator from Alaska I be recognized for up to 10 
minutes.
  The PRESIDING OFFICER (Mr. Salazar). Without objection, it is so 
ordered.
  The Senator from Alaska.
  Ms. MURKOWSKI. Mr. President, I so appreciate the passion and the 
advocacy of my colleague, the Senator from North Dakota, and working 
together on the Indian Affairs Committee on an issue in which I think 
both of us believe very strongly. Both of us believe in the commitment 
we have to the American Indians and the Alaska Natives, particularly 
insofar as providing them with a level of access to health care. That 
commitment is one that in far too many areas we have failed, and that 
is why it is so important that we are able to advance, as the first 
legislation of this new year, the Indian Health Care Improvement Act of 
2007.
  We just celebrated the birthday of Martin Luther King, and as a 
nation we think about that time in our history when we were not proud 
of how we treated one another based on color of skin and ethnicity. We 
know that in many parts of this country, we still have far to go, but 
we are making progress. Yet, as we look to how the American Indians, 
the Alaska Natives, and so many in our Native communities have been 
treated when it comes to the basics in health care, that is an area 
where I think we need to look very critically and say we can and we 
must do more.
  When I first became the vice chair of this committee, Chairman Dorgan 
and I sat down, and he said to me: Lisa, what are your priorities for 
the Indian Affairs Committee? What is it that you would like to see 
advanced? He told me what his priorities were. It is awfully nice being 
able to walk into that new relationship and agree that the most 
important thing we could do was to work together in a bipartisan effort 
to advance legislation that has been working through the process for a 
number of years, for a number of Congresses, and to successfully move 
that through the Congress.
  We have worked on this bill through three committees of 
jurisdiction--the Indian Affairs Committee, the Finance Committee, and 
the HELP Committee--before finally bringing this here to the Senate 
Floor. I believe this

[[Page 475]]

legislation brings new hope for Indian health. It represents a step 
forward, a step toward the goal of providing our first Americans with 
health care that is on par with other Americans. It is not the end-all 
and be-all, but it is a first step, and I am encouraged that we have 
the opportunity to produce this legislation in support of that goal.
  As my colleague has noted, this day has been far too long in coming. 
Efforts to enact comprehensive reform for the Indian Health Care 
Improvement Act began in 1999. This act was extended for 1 year back in 
2001 through legislation introduced by Senator Thune when he was a 
Member of the House of Representatives. Since then, the Indian Affairs 
Committee has shepherded several reauthorization bills through multiple 
Congresses, through multiple hearings, through multiple markups, but it 
has yet to be reauthorized despite the very good efforts of a great 
many.
  This bill would reauthorize and would amend the Indian Health Care 
Improvement Act and applicable parts of the Indian Self-Determination 
and Education Assistance Act, as well as the Social Security Act.
  The Indian Health Care Improvement Act provides a basic framework for 
delivery of health care services to American Indians and Alaska 
Natives. As Senator Dorgan has indicated, this is a Federal 
responsibility arising from the Constitution, arising from the treaties 
and from Federal court cases.
  The act itself, first enacted back in 1976, was last comprehensively 
reauthorized in 1992. Think about the status of health care back in 
1992 and what has changed. Certainly, in my State of Alaska, we have 
been able to do so much more in our remote areas because of what we are 
able to do through Telehealth. Well, back in 1992, I can guarantee you 
we were not doing then what we are doing now. It is so vitally 
important that we provide for this authorization to update a system by 
passing this bill.
  We recognize there are still some outstanding issues that need to be 
resolved. I would like to think they are not central parts to this 
bill, and I am very confident we can deal with them if our colleagues 
work with us in the same very bipartisan way that we on the committee 
have done to advance this.
  Now, Chairman Dorgan has given good background in terms of an 
overview, the need for reauthorization, and he has highlighted it with 
stories that touch our hearts, as they should. I wish to elaborate a 
little bit further on the legislation, how it developed, and give that 
overview as well as some of the key improvements we have in S. 1200.
  To really understand the framework of the Indian health care system 
under this act, you have to keep in mind that there is very significant 
interplay between this act and the Indian Self-Determination and 
Education Assistance Act. The Indian Self-Determination and Education 
Assistance Act provides the process whereby Indian tribes and the 
tribal organizations contract or compact to take over administration of 
programs from the Indian Health Service. It is the interplay between 
these two statutes that provides a great deal of the backdrop for many 
of the principles that underlie this reauthorization.
  The act essentially governs programs for the recruitment and 
retention of Indian health professionals, for health promotion and 
disease prevention, for facilities, urban Indians, and a comprehensive 
behavioral health system. The act also governs important authorizations 
which increase access to care where there is third-party reimbursement. 
It also sets forth the administrative organization for the Indian 
Health Service. Finally, it contains reporting requirements and other 
regulatory authority for the Secretary of the Department of Health and 
Human Services.
  The bill is intended to improve Indian health care in three areas: 
First, by increasing access to health care; second, by updating the 
authorized services and programs; and third, by facilitating innovative 
financing systems to help support Indian health.
  So let's talk about the increase in access to care. In Alaska, we are 
talking about access to care all over the State. Geographically, as you 
know, we are very large, populations are very small, and providers are 
very limited. And this is throughout all systems, not necessarily just 
the Indian Health Service. This legislation includes programs to 
increase outreach and enrollment in Medicare, Medicaid, and SCHIP. We 
need to have aggressive outreach in order to ensure that the Native 
people who are eligible for these programs participate in them and so 
that they can navigate through a relatively challenging enrollment 
process.
  We recognized the critical importance of the Medicare, the Medicaid, 
and the SCHIP programs for Indian patients. There was an Indian woman 
by the name of Ski who lives in southwestern Oklahoma. Along with her 
husband, she takes care of her three grandchildren and her great-
granddaughter. About 4 years ago, Ski's doctor, after checking her x 
rays, found a large spot on her lungs. They also diagnosed her with 
thyroid cancer. Sadly, though, the IHS Contract Health Service, which 
is intended to provide for the kind of specialty care Ski needed, 
notified her that the funds aren't available to pay for it. This is 
very similar to some of the stories my colleague has mentioned.
  Without this additional care, Ski, who is the primary caregiver for 
her grandchildren and great-grandchild, wondered if she would be around 
to watch her children and great-grandchild grow up. Fortunately, Ski 
won't have to face the prospect of living without health care because 
she did receive it--not through the Contract Health Service but through 
Medicare. It was these resources which allowed Ski to undergo the 
biopsy which ruled out lung cancer and to see a pulmonologist and 
receive testing on a regular basis for the pulmonary fibrosis she was 
eventually diagnosed to have. She had complete removal of her cancerous 
thyroid and since that time has been able to receive the follow-up 
treatments, the testing, and the examinations, all of which we know are 
very costly but which Medicare helped to cover so that Ski can continue 
her life raising her family.
  She is fortunate and, unfortunately, somewhat of a rarity. Many 
Indian patients do not have Medicare or Medicaid to help them even 
though they may be eligible. In the legislation we have, S. 1200, it 
will help those Indian patients in accessing Medicare, Medicaid, and 
SCHIP through the outreach and the enrollment programs as well as other 
means.
  Now, accessing third-party reimbursement also helps Indian health 
providers. The Makah Tribe is a good example of why we should include 
the provisions to assist tribes in participating in Medicare, Medicaid, 
and SCHIP. The Makah Tribe is in Washington State, and they are located 
on a very picturesque 44-square-mile Indian reservation filled with 
rich forests, wildlife, birds, and plant life--a very beautiful area.
  From their home, tribal members can cross the Strait of Juan de Fuca 
and during the summers go fishing or boating in the Pacific. Although 
their home is a place of amazing beauty, it is also a very remote part 
of the State which presents some daunting challenges to the delivery of 
health services to the tribal members.
  It has been reported that the tribe operates a small ambulatory 
clinic with over 2,000 users and only two doctors. Due to the 
remoteness of the clinic, the tribe has difficulty recruiting health 
care professionals, including dentists.
  Over 70 miles away you have the nearest town with a full-service 
hospital, Port Angeles. But those 70 miles can be treacherous to 
negotiate. It is a winding road, a difficult road. There are several 
instances when the road has been washed out by storms, leaving no 
access to or from the reservation.
  So there is no surprise that Port Angeles, being a larger town and a 
more accessible town, has salaries that are more attractive than the 
reservation.
  The Makah Tribe administers the health care services through a self-
governance compact for which the tribe should receive contract support 
costs.

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However, those contract support costs do not cover all of the indirect 
costs of health care services. So this impacts the tribe's ability to 
provide for competitive salaries and to provide for that full array of 
health care services. But despite all of those challenges, the Makah 
Tribe has remained resourceful. They are in the process of improving 
their third-party reimbursements, in particular the Medicare Part B 
access for eligible people on the reservation.
  It is these additional reimbursements that assist the tribe in 
essentially hedging against the insufficient contract support costs. So 
when you hear of situations like what we are seeing with the Makah, 
recognize this legislation will serve to benefit the tribal health 
providers as well as the Indians who are served by allowing for, again, 
the additional reimbursement for improving access to care.
  The legislation will also improve access by removing barriers to such 
enrollment such as the waivers of Medicaid copays and allowing the use 
of tribal enrollment documentation for Medicaid enrollment. These are 
very important to provisions in this legislation. I hope we will hear 
more of the good stories, the stories like Ski's, rather than the very 
damning stories we hear of the system currently.
  Now, in updating health care services in Native communities, the bill 
establishes permanent authority for home and community-based services, 
and these are services which have been operating in the State of Alaska 
with very impressive results.
  I mentioned just a few minutes ago Alaska's size. Many know Alaska 
Natives have to travel enormous distances away from their home 
communities to obtain any level of specialized care. Some people think 
we make this map up, just to show Alaska's shape over the continental 
United States--but this is actually true to size--the State of Alaska 
does stretch from just about Florida into Arizona and beyond, from 
Canada down to the southern area. Geographically, we are huge.
  We have another chart that indicates how the distances for an 
individual coming from, let's say, Unalaska down here where Arizona is 
on the map. Unalaska is not only our State's largest fishing port, it 
is the largest, in terms of volume of fish, fishing community in the 
United States of America.
  For an individual who is coming from Unalaska, which just has a small 
clinic, to come to Anchorage, which is where all of the points converge 
in the middle of the map, it is the equivalent of essentially going 
from Arizona to Kansas for your medical appointment to come to the 
Alaska Native Medical Center where you can see a specialist.
  To give another example, the residents of Barrow, at the northern 
most part of the State, also have to travel to Anchorage to obtain 
specialty medical services in the Alaska Native Medical Hospital. That 
is the distance of coming from the Canadian border down to Kansas for 
medical services.
  If you are coming out of the southeastern part of our State, in many 
of our island communities, again, you are moving from essentially 
Alabama or Florida into Kansas. The distances we deal with to provide 
access to care are realities for us in the State that other people 
cannot relate to.
  We are not talking 100 miles, we are talking several hundred miles. 
When you put it in context that way, you recognize it is not just the 
time and the distance traveled, but it is the expense and the distance 
traveled.
  Mr. President, as I was mentioning the distances that we deal with, I 
mentioned the time to travel, the expense to travel, but think about 
the situation if perhaps you are elderly, you are ill, or perhaps you 
do not know what is wrong, and you have to leave your village to go to 
our cities, our largest cities, which is very intimidating for many of 
our Alaska Natives in the first place.
  They are away from their family, they are away from their community 
members, they are away from their traditional foods, they are away from 
their traditional activities. Many of our elders do not speak English, 
so they are coming into town where the language is different. Think 
about how well you would heal or how well you would feel in truly a 
strange and foreign place like this.
  Well, the Yukon-Kuskokwim Health Corporation located out in Bethel, 
Alaska, in western Alaska, decided this is unacceptable, to have to 
pull everybody from the villages so far away. And they developed a 
village and a regional service structure to help the elders, to help 
the Alaska Native patients with chronic diseases to continue living in 
their homes or in their community rather than being sent hundreds of 
miles away to receive special nursing care.
  It was their pilot program to take over all home and community-based 
care in their region, which resulted in a reduction in service waiting 
time for the disabled and the elders in the region and truly improved 
the patients' health status level. This legislation may enable other 
tribal programs around the country to also engage in home and 
community-based care which would allow Indian patients to remain in 
their homes rather than face a lengthy hospital stay or nursing home 
stay in a distant and, again, a strange location.
  Our legislation also consolidates and coordinates the various tribal 
health programs into a more comprehensive approach. As we well know, 
alcohol and drug abuse among many of our Native communities, and 
methamphetamine abuse, has reached epidemic proportions in some 
communities.
  We had a gentleman, the former chairman of the Northern Arapahoe, Mr. 
Richard Brannan. He testified before our joint hearing before the 109th 
Congress, and then again during the 110th, and told us truly a heart-
breaking story of the tragic and painful and terrible unnecessary death 
of a beautiful little Indian girl at the hands of methamphetamine-
addicted individuals.
  Chairman Brannan sought our help in providing both prevention and 
treatment for the drug and alcohol addictions that ravage Native 
communities. I am pleased that this bill will authorize such assistance 
and more to help prevent these tragedies from happening to other Indian 
children.
  Now, also during the committee hearing on the methamphetamine plague, 
we received testimony from tribal leaders about the devastation this 
terrible drug has brought to their communities. Kathleen Kitcheyan, the 
former tribal chairwoman of the San Carlos Apache Tribe in Arizona, 
described a very personal loss, a tragic loss of a grandson to drugs. 
And she stated that on her reservation, they have methamphetamine users 
who are as young as 9 years old.
  Think about what is happening to our children. Think about drug abuse 
and the addictions. But to know that children as young as 9 years old 
are being made the victims, we should all be alarmed when we hear 
stories like this. And what is equally horrifying are the residual 
effects of methamphetamine abuse on children. The former chairwoman 
testified how babies were being born on the reservation, born addicted 
to methamphetamine, with physical deformities. She stated that on her 
reservation a 22-year-old methamphetamine user tried to commit suicide 
by stabbing himself with a 10-inch knife. So many terrible stories. 
There were 101 suicide attempts on her reservation during the year 
2004, 101 attempts that were directly related to meth.
  Now, I have described that we are seeing methamphetamine users as 
young as 9, but it also afflicts the middle-aged as well as the 
elderly. Once meth has taken hold, few can escape without considerable 
help. The Indian Health Service estimates it takes well over 60 days in 
treatment programs in order to overcome these addictions. So just 
separating a methamphetamine addict from the drug for a period of a few 
weeks or even a month is not nearly enough to provide effective 
treatment, not nearly enough to break the addiction. The 
methamphetamine addicts need the long-term treatment necessary to allow 
their mental and their physical state to heal and to recover.
  For the children, the IHS has 11 federally funded youth regional 
treatment

[[Page 477]]

centers with 300 beds overall. In addition, there are an estimated 47 
or perhaps 48 tribal and urban residential programs for adults. One 
program, the Native American Rehabilitation Association in Portland, 
OR, which is an urban Indian facility, can also house the patient's 
family so the patient can also receive the very necessary family 
support during the recovery.
  These programs authorized under the Indian Health Care Improvement 
Act, and more importantly the Indian and Alaska Natives who are 
suffering from meth addiction, will benefit from the updates to the 
behavioral health program in this bill.
  Now, we heard from Chairman Dorgan that the Indian health system is 
funded at approximately 60 percent of the need. And with the new health 
hazards, whether it is methamphetamine or whatever the hazard is, that 
face our Native communities, we have to be innovative in finding 
solutions and resources in building upon the foundations that are set 
forth in the Indian Health Care Improvement Act.
  This legislation will establish the Native American Wellness 
Foundation, a federally chartered foundation to facilitate mechanisms 
to support but not supplant the mission of the Indian Health Service. 
It is modeled after legislation which passed the Senate in the 108th 
Congress. I am pleased to say we will have an opportunity to advance it 
in this legislation as well.
  I wish to mention two key provisions that have been briefly 
mentioned. This is regarding the issue of violence against Native 
women. In the substitute we hope to advance later, we will provide for 
authorization of prevention and treatment programs for Indian victims 
and the perpetrators of domestic and sexual violence. We will also 
provide critical incentives for Indian health providers to obtain 
certification and training as sexual assault nurse examiners or in 
other areas to serve victims of violence. Both these provisions build 
upon very important work this Congress did in the Violence Against 
Women Act, by addressing some of the systematic shortcomings to improve 
prosecutions, such as forensic examinations. I will speak on this a bit 
later.
  One of the things we heard in testimony before the committee was that 
in many of our IHS facilities, they did not have rape kits available. 
They could not collect the forensic evidence. If you don't have the 
evidence, you cannot proceed with prosecution. When you hear stories 
such as this and ask for confirmation that, in fact, this is the 
situation, that we simply don't have the kits available--it is 
confirmed--it is no wonder women feel helpless in even seeking 
assistance after a violent act such as a rape. In addition, simply not 
having the training for the nurses at the clinics, these are areas of 
critical shortcomings and ways we can help to make a difference.
  There are many good things in this bill, but I do wish to impress 
upon Members this is truly a national bill. It works to benefit Indians 
and Indian health programs in communities across the spectrum. I have 
mentioned that it has been a product that has been in the works for 
years, a very determined effort on the part of Native health leaders 
truly from all corners of our Nation. There are over 560 Indian tribes 
in this country, with 225 of those tribes in Alaska alone. Our Indian 
tribes and Indian health care system span the Nation from Maine to 
Florida, California to Washington, and, of course, to Alaska up North. 
According to recent information from IHS, over 1.6 million American 
Indians and Alaska Natives receive services in this system at over 600 
facilities. These facilities are all over the board, in terms of what 
they can provide, ranging from inpatient hospitals, general clinics, 
and health stations.
  There are some that look beautiful and there are some that you look 
at and say: We can do far better.
  I mentioned earlier many Natives in the State travel into Anchorage 
from outlying areas to receive care at the Alaska Native Medical 
Center. As you can see behind me, it is a large, beautiful facility. It 
is designed to provide for that advanced level of care and specialty 
for Alaska Natives from around the entire State. But as one travels 
away from Anchorage, and you get off the road system out into the bush, 
the facilities vary in size and certainly in service and are certainly 
much more modest. We have a picture of the clinic in Atka, AK. It is a 
little rough around the edges, certainly, but they are able to provide 
for the basic needs in that region. I checked to identify some of the 
other challenges the folks in Atka face, in terms of their costs. This 
is a village where gas is selling for $5.09 a gallon, and home heating 
oil is going for $4.99 a gallon.
  We have a picture of the clinic at Arctic Village which is located 
more in the central or interior part of the State. I checked with them 
this weekend on the price of gas per gallon. It is 7 bucks a gallon. 
Their home heating oil costs are $6.36 a gallon. So it is expensive to 
live out there. It is expensive to heat your home. When you are ill or 
need help, this clinic is where you go in Arctic Village.
  We know the need is extensive. The Indian health care system has to 
provide everything from basic medical to dental to vision services and 
medical support systems. It has to include the laboratory, nutrition, 
pharmaceutical, diagnostic imagining, medical records. Obviously, they 
are not providing that there at Arctic Village.
  Senator Dorgan had mentioned the history of the Indian health care 
system. I will not take the time today to speak to that. I do, before 
taking a break, wish to take time to talk about some of the updates to 
the current Indian health care system we have in this legislation. As I 
mentioned, there have been enormous changes to the medical system since 
the last reauthorization of the Indian Health Care Act in 1992. So in 
order to update and provide for an improvement in the overall status of 
the American Indian and Alaska Native health and well-being, we have to 
make sure our facilities access is better.
  Chairman Dorgan mentioned some of the health statistics and mortality 
rates we see among American Indians and Alaska Natives. We know these 
populations are dying at higher rates than others within the U.S. 
population. On tuberculosis, for American Indians and Alaska Natives 
the rate is 600 percent higher; alcoholism, 510 percent higher; 
diabetes, 229 percent higher; unintentional injuries, 152 percent 
higher; homicides, suicides higher. The statistics are all so troubling 
as we look to what we are providing and whether we are seeing 
improvement.
  As I say that, we have seen some gains. With passage of the Indian 
Health Care Improvement Act of 1976, there were some pieces of good 
news insofar as decreases in mortality rates over the past 35 years. 
The average death rate from all causes for the American Indian and 
Alaska Native population dropped 28 percent between 1974 and 2002. We 
have seen gastrointestinal disease mortality reduced. Even though the 
death rate for Indians is 600 percent higher than the rest of the 
United States, we have seen tuberculosis mortality reduced 80 percent, 
and cervical cancer mortality has been reduced. Infant mortality has 
been reduced 66 percent. We are seeing good news there. The problem is, 
we started at such high levels. So, the statistics are still 
unacceptable.
  In addition, we have population growth and economic factors which are 
creating strong pressure on American Indian and Alaska Native 
communities and their health care facilities. From 1990 to 2000, the 
population grew at a rate of 26 percent among the American Indian and 
Alaska Native populations. Compared to the total U.S. population, it 
grew by 13 percent. But we know the health care funding for Native 
people simply has not kept up with the expanding population and 
inflation.
  This effective reduction in health care funding creates our current 
health status level. We see the survival rate improving, but all we 
need to do is look at the charts, look at the statistics. We know 
Indians and Alaska Natives still suffer disproportionately from a 
number of health problems. We know, for instance, in the area of 
diabetes, the rates are unacceptably high. While we recognize the 
Indian Health Service is

[[Page 478]]

trying to get this diabetes crisis under control--they are providing 
diabetes care to greater numbers of Native people than ever before, and 
we see some success--is it adequate? Is it sufficient?
  Another area where we are seeing some success is in the area of 
vaccinations. We are getting higher vaccination rates for adults over 
65. These have been instrumental in helping with some of our health 
statistics. Screenings, such as for fetal alcohol syndrome, have been 
helping to reduce the burden of preventable disease.
  One of the aspects we face in increasing efficiencies within the 
delivery of the health care system, we know we have to use new 
technologies, new techniques, and these are contemplated and outlined 
in many areas of the legislation before us. I will go back to Alaska as 
an example of a State that faces very unique challenges in providing 
for quality health care to the residents in rural Alaska. The majority 
of the 200 rural Alaska Native villages are not connected to a road 
system. We don't have the roads. We are 47 out of 50 in ranking of 
States for the number of road miles, but we rank first out of 50 for 
overall land mass. We simply don't have a road system to speak of in 
much of Alaska. When you don't have a road system, you fly. We fly in 
small bush planes. During the summer months, we rely on skiffs and 
riverboats to get around. But for the most part, we fly. It is not 
luxury travel. It is a basic need.
  From the chart I have behind me, you can't see the names of all the 
towns there, but it is there to demonstrate what we deal with as a 
State. When you look at the IHS budget in Alaska, you may be surprised 
to see the travel budgets are unusually large, oftentimes larger than 
staff budgets. That gets people's attention. Are we going out to 
conferences? No. This is how we get around in the State of Alaska and 
how we move our patients, those who need to get to that medical 
specialist. We move them by airplane. Up in the north there you see a 
community of Barrow. Nuiqsut is a small village outside of Barrow. They 
have a small clinic. Barrow has a larger one. But in order to receive 
any level of specialty care, an Alaska Native would have to fly about 
700 miles south to Anchorage to the Alaska Native Medical Center. The 
cost of that particular flight is $1,100 for that person coming out of 
Nuiqsut.
  Over to the west, out on St. Lawrence Island, an individual who is 
ill in Savoonga and needs to come into Anchorage for medical care is 
going to pay about $1,000. This is round trip, not that that makes it 
any better.
  Down south of Anchorage, off of Kodiak Island--and if you look at the 
red lines, it looks as if it must be much closer to Anchorage and 
therefore less costly--if you are coming from Old Harbor on Kodiak 
Island, your airfare is going to be about $1,350 round trip to get you 
to and from.
  So when we factor in the budgets of doing business, travel costs are 
enormous. This is all about access. We also recognize it is not just 
the cost. Oftentimes during the winter--this time of year--travel is 
shut down completely. For some of our communities, because of weather 
conditions, fuel barges have not been able to get into the community, 
and they have had to fly fuel in to provide for the diesel generation 
that provides the power in these villages.
  Whether it is the ice, the wind, the snow, oftentimes it is just too 
dangerous to make the trip into town. Blue Cross has estimated that it 
is 300 times more expensive to operate a hospital or a clinic in Alaska 
than it is in the continental United States. These are the expenses we 
deal with.
  In the last 10 years, we have seen access to medical specialists and 
health care improve. Working with my colleague, Senator Stevens, we 
have seen a revolution in terms of how health care is delivered to our 
rural villages with the development of an advanced telehealth network. 
With 99 percent of the telehealth initiative coming from IHS funding 
and managed by the Alaska Native Tribal Health Care Consortium, the 
Alaska Federal Health Care Partnership is a collaboration with the 
Department of Veterans Affairs, the Department of Defense, and the U.S. 
Coast Guard. They teamed up together to develop the Alaska Federal 
Health Care Access Network. They developed a special telehealth cart, 
and they deploy these carts to small villages in rural Alaska. They are 
able to provide a very wide variety of clinical services, including 
cardiology, community health aid training, dental and oral health, 
dermatology, ear, nose and throat care, as well as emergency room 
services.
  They had a demonstration cart here a couple years back to just kind 
of show us what it is they were doing. I had just come off a trip up 
north, and I was due to fly again very soon. My ears were all plugged 
up. I said: Well, show me how this works. Just standing right there, 
they put a little monitor in my ear, and they were talking to a doctor 
in Anchorage. He said: You just have a little inflammation there. You 
are fine to fly.
  What we are able to do with telehealth is to connect many of our 
Alaska Natives in a very cost-effective way for them to have access to 
qualified health care specialists without necessarily leaving their 
village.
  We continue to evaluate the cost savings we are seeing as a 
consequence of this telemedicine. The preliminary data suggests that 37 
percent of the time, telemedicine prevented the need for a patient and 
family escort to travel. That saved an estimated $4.4 million in travel 
costs. So if you can save $4 million in travel, because we have the 
technology in front of us, it is a savings for all of us.
  Tribal health providers in Alaska with their Federal counterparts 
have been extremely innovative in addressing the unique health care 
challenges of our State. The Alaska Federal Health Care Access Network 
has been working with the IHS service areas to expand quality and 
affordable health care to American Indians across the United States.
  The new opportunities, such as expanded telehealth, found in S. 1200 
serve important purposes in promoting good investments. Indian tribes 
and tribal organizations have performed admirably in developing their 
health care services and facilities. These types of efforts should be 
rewarded and encouraged by passage of this bill.
  There are some other items I would like to speak to, and I may come 
back to them at another point in time. But before I conclude for now, I 
want to mention the importance of the program in the sanitation 
facilities area.
  I could probably stand all day justifying the need for the 
reauthorization, but one area that has been demonstrated to be one of 
those very important functions in reducing health disparities is the 
Sanitation Facilities Program. This program governs the construction, 
operations, and maintenance of sanitation facilities providing clean 
water and sanitary disposal systems to Indian and Alaska Native 
communities.
  For us in Alaska, the issue of sanitation is one we have been 
struggling with for far, far too many years. One in three families--one 
in three families--in rural Alaska has no sanitation facilities. We are 
not talking about upgraded sanitation facilities; we are saying no 
sanitation facilities. What we have in many of our villages, still, 
unfortunately, is a system we refer to as the honey-bucket system. It 
is not a very refined system. In fact, it is a system that, for those 
of us in the State, we look at with shame and say: For Alaska Natives, 
for Alaskans to have to rely on this as their sanitation system is 
offensive. It is close to Third World conditions, and here we are in 
the United States of America, and you have a system where human waste 
is collected in a bucket and hauled outside and dumped in a collection 
facility. In some areas, it is less than a collection area; it is 
dumped in a lagoon. You can walk through some of these communities, and 
you have waste that is spilled along the wayside.
  I have in the Chamber this picture of these two little Native boys. 
It is like the equivalent of taking out the trash--taking out the honey 
bucket. If you do not think this does not contribute to some of our 
health issues in rural Alaska, you have not looked at the facts.

[[Page 479]]

  In testimony before the committee, we had Steven Weaver. He is from 
the Alaska Native Tribal Health Consortium. Steve Weaver has been very 
instrumental working with us in order to eliminate the honey bucket. 
But he spoke at that hearing to the challenges families face in 
communities without sanitation facilities. He said: Other folks in 
America have the convenience of running water and inside flushing 
toilets, but in too many of our Native communities we have to haul the 
clean water into the homes and then haul the honey buckets out of the 
homes as part of the household chores, part of the daily living.
  I was in a community several years back and visited the health clinic 
there. It was a very small health clinic. It was one of the villages 
that still do not have running water. There was a honey bucket in the 
corner of the health clinic. When you think about the need for 
sanitation, particularly in your clinic, and you realize there is no 
running water and the human waste must be discarded by walking it out 
the door, the health consequences in communities without running water, 
without sewer are very real.
  The Alaska Native Tribal Health Consortium reported that infants in 
communities without adequate sanitation are 11 times more likely to be 
hospitalized for respiratory infections in comparison to all U.S. 
infants and 5 times more likely to be hospitalized for skin infections 
than those in communities with adequate sanitation.
  We have about 6,000 homes without potable water, about 18,650 homes 
that need improvements or upgrades for water, sewer, or solid waste.
  This legislation, S. 1200, will maintain the Sanitation Facilities 
Program. For us in a State such as Alaska, this is vitally important.
  Mr. President, at this time I am prepared to defer to Senator Gregg. 
He has been waiting some time. I do have additional comments I will 
make throughout the day, but I yield the floor at this time.
  The PRESIDING OFFICER. The Senator from New Hampshire.
  Mr. GREGG. Mr. President, I ask unanimous consent that Senator 
Stevens be recognized for up to 10 minutes following my remarks.
  The PRESIDING OFFICER. The Senator from North Dakota.
  Mr. DORGAN. Mr. President, is the request for a presentation on the 
bill without amendment?
  Mr. GREGG. Mr. President, I have no knowledge of what the request is 
other than a request for 10 minutes of remarks.
  Mr. DORGAN. Mr. President, I will agree to that request with the 
understanding it is on the bill without an amendment. I would also like 
to add to the request that Senator Bingaman be recognized to offer an 
amendment immediately following the presentation by Senator Stevens.
  The PRESIDING OFFICER. Is there objection to the request, as 
modified?
  Without objection, it is so ordered.
  The Senator from New Hampshire.
  Mr. GREGG. Mr. President, I wish to speak on a subject which is not 
related to this bill. I congratulate the managers for bringing this 
bill forward.


                            Stimulus Package

  Mr. President, the subject I rise to speak about is one that is 
fairly topical to today's events, obviously, with what is happening in 
the international markets and in the stock market and with the Federal 
Reserve System, and that is the issue of how we as a Congress should 
proceed relative to what has been called a stimulus or growth proposal.
  I want to put down what I would call a red flag of reason, let's call 
it, as we move forward on this stimulus package. Let's first understand 
what the problem is we are confronting.
  The economy has a serious overextension of credit. This overextension 
of credit occurred because, as often occurs, there was a period of 
exuberance in the credit markets.
  Now, I have had the good fortune to be involved in Government and in 
the private sector for a number of years, and I have seen this type of 
situation arise at least two major times during my career, once when I 
was Governor of New Hampshire. What happens is people who make loans 
suddenly find they have a lot of cash available to them to make loans, 
and they go out and start making loans based on speculation that it can 
be repaid rather than on the capacity of the individual they are 
lending the money to to repay it or based on speculation that the 
collateral for that loan will always maintain its value as originally 
assessed when, in fact, that collateral may be overstated.
  This usually comes at the end of what is known as a business cycle, 
when basically you have a lot of people out there who probably have not 
been through a downturn before in their lives who basically put out 
credit at a rate that is irrationally exuberant--to use the terms of 
Mr. Greenspan on another subject of the late 1990s bubble--and as a 
result, credit is put out that, in this instance, was put out at a rate 
and to individuals who basically did not have the capacity to repay it 
under the terms of the credit, and with collateral that did not support 
it.
  This exuberant expenditure of credit or promotion of credit was 
compounded by the fact that we had an inverted pyramid created. That 
item of credit, that loan that was made, which was made on collateral 
which didn't support it and which was made to an individual who 
probably didn't have the ability to repay it under the terms that it 
was made on, that item was then sold and it was sold again, and then it 
was turned into some sort of synthetic instrument which was multiplied 
and created more sales of the item. So you have basically an inverted 
pyramid, where that initial loan, which had problems in and of itself 
on the repayment side and on the collateral side, was compounded by a 
reselling of the loan over and over again in a variety of different 
markets and through a number of different instruments, which 
essentially exaggerated the implications that that loan should not be 
repaid. So that is what has happened. The loans can't be repaid, in 
many instances, or the collateral isn't there, in many instances, so 
these loans start to get called and they start to be foreclosed on. 
Because they can't be repaid, the lenders find themselves in a 
situation where they have to obtain liquidity from somewhere else. So 
they start to contract their lending to basically people who can repay 
because they must maintain a strong balance sheet, they must maintain 
their capital reserve, and as a result it feeds on itself and you have 
a liquidity crisis.
  That is a classic business cycle. It is a classic end to a business 
cycle, and that is what we are in today. It is unfortunate and it 
causes great personal harm and trauma and it obviously disrupts the 
economy and people and it affects people's lives. People are damaged by 
this. Its roots basically go to the fact that there were people lending 
money to people who should not have been lent money under the terms 
they were lent it without the collateral they needed for support.
  So how do we react to that? How do we keep that from snowballing into 
a massive slowdown in the economy or a possible potential recession? 
Well, the discussion is to stimulate the economy through some sort of 
fiscal policy and the Federal Government taking action--what is known 
as fiscal policy. There is also, of course, the monetary side. Today 
the Federal Reserve cut the rates by 75 basis points, and as a result, 
the market reacted, although it was hugely down when they started. I 
haven't looked at it recently. I don't know that it reacted in a 
positive way to that cut in rates.
  On the fiscal side, there is a lot of discussion about stimulating 
the economy. I guess my red flag of reason I am putting out here is, if 
we are going to stimulate the economy through fiscal policy, let's at 
least do it correctly. Let's not do it in a way that damages the 
economy or the future or that basically gets you a short-term political 
headline but doesn't get you the impact you need, which is to help 
people through a difficult economic period.
  The proposals which are out there, most of which I have seen, have 
fallen into two categories. One is stimulate the economy by giving 
people money to spend and the other is to stimulate the

[[Page 480]]

economy through energizing small business and large business to invest 
in economic activity. The problem we have with a stimulative event, 
which is basically giving people $100, $200, $300, $400, whether you 
give it to them directly or whether you give it to them through the tax 
laws, is that money will be spent, but does it stimulate our economy? I 
am not so sure. So much of the product we buy in America today, that we 
consume in America today is produced outside the United States: Maybe 
it stimulates the Chinese economy, but I am not so sure it stimulates 
our economy. What may be raising the Chinese economy may raise the 
national economy and that helps us out, but as a practical matter, I am 
not sure it gets a big bang for the bucks expended, and, most 
importantly, what happens when you take that sort of action is you 
borrow this money. This money doesn't appear from nowhere that you are 
going to put out into the marketplace and say: Here, American citizen, 
we are going to return you X dollars through a direct payment--probably 
an inverted tax payment of some sort, for people of low income who 
aren't basically paying taxes are going to get some sort of payment; 
middle-income people will get a lesser payment or some marginal 
payment. That money has to be borrowed. That money gets borrowed from 
our children. The practical effect of borrowing that money, if it is a 
$150 billion one-time event, is it compounds because there is interest 
on top of that and it grows into a lot more money. Then our children 
and our children's children end up having to pay it back. So do you get 
the value? Is there a value there that is large enough to justify 
putting this debt on our children's backs for this type of stimulus 
event? I think we have to look at that very seriously.
  There are proposals out there that we should essentially waive the 
Social Security payment, for example; that we should say we are not 
going to require people to make their Social Security withholding 
payment for 1 month or 2 months or whatever the number would be that we 
would settle on. That, as a policy matter, has very serious 
implications for our children and our children's children. Essentially, 
the Social Security system is supposed to be an insurance system, where 
you as a working American pay into the system so when you retire, you 
have paid into the system money which is then returned to you through 
Social Security payments for your retirement. It is and historically 
has been viewed as an insurance policy approach, with the Federal 
Government managing the insurance. Yes, nobody is going to argue the 
fact that the Social Security system in the outyears does not have the 
resources to repay the liabilities that are on the books. That is a big 
issue for us and it is a function of the retirement of the baby boom 
generation. But you only radically, quite honestly, aggravate that 
problem by borrowing from the Social Security Administration to 
essentially fund the short-term fix of a stimulus package.
  First, you have created a brandnew event, which has never happened in 
my knowledge, of taking Social Security dollars and moving them over 
for the purposes of an expenditure which is a day-to-day operation of 
Government expenditure. You are basically formally saying the Social 
Security dollars which are paid in, in taxes, can be used for something 
other than the purposes of creating obligations which will be paid back 
in the form of retirement payments. You are saying Social Security 
dollars will go directly--without any obligation being shown on the 
Social Security balance sheet--will be taken off the Social Security 
balance sheet and put directly into the day-to-day operation of 
Government for the purposes of paying people a stimulus event of $500 
or $600. The implications of that are huge, from a public policy 
standpoint.
  We are basically totally readjusting our approach as a nation toward 
Social Security. You are basically saying Social Security is a dollar 
in, dollar out purpose, with absolutely no fund and that there is no 
offsetting balance being set up for Social Security payments, which is 
used later to pay down the Social Security responsibility. That is a 
terrible precedent. It may be a theoretical debate, but it is one heck 
of a big precedent to create that sort of new paradigm relative to 
Social Security.
  Again, what do you get for it? You get a momentary stimulus which may 
or may not help our economy, because as we all know, most of that 
consumer event is going to occur with the purchase of products produced 
outside the country, to a large degree, and you don't get any long-term 
action which is essentially going to improve the financial viability of 
the Social Security system. In fact, you significantly aggravate it 
because, again, you compound that event, and compounding interest has 
an amazing effect in the area of what will end up as the total cost of 
that one-time event. Ask the notch babies about that. So this is a 
policy choice which I think would be truly destructive to the 
historical role of Social Security in our Government and would be 
equally probably nonproductive as a stimulus to our economy and 
probably do more damage than good.
  There is also the proposal that we extend unemployment insurance for 
another 2 weeks, 3 weeks, 4 weeks. Well, that has some arguably 
positive benefits if you are into a recession, but we are not in a 
recession. We have essentially what has historically been deemed full 
employment in this country, which is we are at about 5 percent of 
unemployment. When you extend unemployment and you have full 
employment, you are basically creating an atmosphere where people who 
are on unemployment have no incentive to go out and find a job, even 
though there may be a job available because you are at pretty much a 
full economy. So are you being destructive to the system or are you 
actually reducing productivity to the system when you make that choice? 
I would say that is a very debatable issue and one which needs to be 
looked at before we take this action.
  I understand that politically it is a great press release: We are 
going to extend unemployment for 2 weeks for people who are out of 
work. Yes, that is a great press release, but if you have earned 
literally at full employment, which is where we appear to be right now, 
or pretty close to it, then to extend unemployment at this time could 
be counterproductive, significantly counterproductive to keeping the 
economy going, because it would not allow people to go out and find 
jobs for whom jobs may be available.
  Now, if we do move into recession, which is----
  The PRESIDING OFFICER. The Senator from New Hampshire has used his 
allotted 10 minutes.
  Mr. GREGG. I ask unanimous consent for an additional 5 minutes.
  Mr. DORGAN. Mr. President, Senator Stevens is to be recognized 
following Senator Gregg and then Senator Bingaman, both of whom I 
believe are here. Certainly, if the Senator wishes I would not object, 
but both I think have been waiting for some period of time on the bill.
  Mr. GREGG. I appreciate that, and I will try to make this brief and 
wrap up in less than 5 minutes.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. GREGG. So we have that issue, which is fairly significant. The 
real goal of a stimulus package should be to create an atmosphere where 
we actually improve the underlying pillars of the economy, and that 
means we improve productivity, we improve the incentive of people to be 
productive and go out and create jobs, and that can be done if we need 
to do this, and that is very much an issue--that can be done through 
initiatives which are productive, or which are on the productive side 
of the ledger rather than just on the spending side of the ledger.
  I know, historically, people have said: Well, inject money into the 
economy and that will make it move. That was before we got to an 
international economy, where essentially injecting money into the 
economy so consumers can spend money basically moves the Chinese 
economy, not necessarily ours. What makes much more sense is if we are 
going to inject money into this economy through some sort of Federal 
initiative, we should do it in a way

[[Page 481]]

where we create economic benefit to our economy, by making it more 
productive and thus creating more jobs and creating more incentive for 
entrepreneurs. There are a lot of ways to do that. As we proceed down 
this road to discuss this issue of stimulus, I will continue to discuss 
that point and get specific on ways we could do that.
  So I wished to raise this sort of red flag of reason before we step 
on to this slippery slope of a stimulus package which could easily end 
up being primarily a spending package, for the purposes of addressing 
whatever anybody happens to deem to be a good political spending issue, 
that before we step on that slope, we take a hard look at what we will 
end up with in the way of producing benefit for people today versus 
producing debt that our children will have to repay and maybe 
undermining our economy generally for the long term.
  I yield the floor at this time.
  The PRESIDING OFFICER. The Senator from Alaska is recognized.
  Mr. STEVENS. Mr. President, I am pleased to speak today in support of 
my colleague, Senator Murkowski, and explain my strong support for the 
passage of S. 1200 which will reauthorize the Indian Health Care 
Improvement Act.
  It has been 15 years since the Indian Health Care Act was 
reauthorized and almost 10 years during which reauthorization bills 
were introduced in the Congress but received no action. Great advances 
in the models for the delivery of health care have occurred during this 
time which need to be incorporated into the Indian health care system. 
This bill does that. The health needs of Alaska Natives in our State 
and American Indians throughout the country continue to grow. It is 
important we pass this bill.
  Ten years ago, we opened the Alaska Native Medical Center in 
Anchorage. It is the only tertiary care hospital in the Indian health 
care system. At the same time, we created the Alaska Native Tribal 
Health Consortium, and Alaska Natives took over the management of the 
entire Native health care system in our State.
  I believe much has been done in the last decade. Alaska now has the 
best health care system in the entire country. The reason, in my 
judgment, is that the system is operated by the Alaska Native people, 
who have shaped it to fit their own needs. But Alaska Native health 
leaders across our State have told me again and again that they believe 
this legislation needs to be passed because it contains new provisions 
to aid delivery of health care to the Indian people. It is necessary to 
continue their critically important work.
  This Indian Health Care Improvement Act is a comprehensive bill. 
Every aspect of what it takes to improve a true system of care to the 
Alaska Natives and the American Indians is in this bill.
  The health status of Alaska Natives and American Indians is poorer 
than that of the average American. It is poorer than what the average 
American receives. Many of our people live in remote communities with 
little economic base, high unemployment rates, and low income levels. 
These conditions create a ``perfect storm'' of health care obstacles 
for Alaska Native people. These people must travel farther than others 
throughout our country to receive health care services. They are less 
healthy than the average American, and they have more medical issues 
they face because of the circumstances under which they live.
  In Alaska, many communities are not served by roads. For instance, a 
pregnant woman living in Adak, way out on the Aleutian chain--almost 
1,200 miles from Anchorage--must travel by air to deliver her child. 
She must fly to Anchorage to do that. As she does, she will have flown 
more than 5 hours, and she will be flying on a plane that is only 
available 2 to 3 days a week. As it is almost everywhere in Alaska, the 
weather conditions are really great problems and can delay the start of 
such a trip for a week or more. Of course, all of these concepts 
increase the cost of health care, but it is the availability of health 
care that counts, and it is really difficult for our people to get to 
the areas where health care can be provided to them.
  The Alaska Native Tribal Health Consortium and the Native health 
organizations in our State have worked hard to improve the health 
status of our Native people. Rates for diseases, such as tuberculosis, 
have dropped dramatically, and we have improved access to health care 
and basic public health measures, such as childhood vaccinations, and 
installation of water and sewer systems in rural Alaska has also 
improved our health care. Between 1950 and 2007, Alaska Native life 
expectancy rose from 46 years to 64 years of age. Those are 
improvements brought about by health care.
  However, in Alaska, as in other parts of the country with Indian 
populations, many infectious diseases have increased, and other health 
problems have taken the place of those we have eliminated. Respiratory 
illness outbreaks threaten the lives of Native babies and toddlers and 
fill our hospital beds in the Yukon-Kuskokwim area of our State every 
winter. Noninfectious conditions, such as suicide, violent injury, and 
intentional injury, still plague Alaska Natives at a very high rate. As 
the population ages, rates of cancer, heart disease, and diabetes 
threaten the gains we have made in life expectancy.
  The Alaska Native health system has been innovative and pioneered 
access to and delivery of health services to the Native people in 
Alaska. Yet huge disparities continue to exist. This bill needs to be 
passed and funding increased to address these health disparities to 
save and improve lives in Alaska and to reduce the cost of health care 
throughout our area and Indian Country.
  Title I of this Indian health care bill provides support for Native 
people to receive training as health workers. Each year, Alaska Natives 
and American Indians complete their education, supported in part by 
programs authorized under title I, and return back to their home to 
take positions as nurses, doctors, social workers, behavioral health 
specialists, and administrators--all to improve the health care system.
  The Alaska Community Health Aide Program, which is an important 
example, is an outstanding example of innovation in the delivery of 
health care in remote communities.
  When I came to the Senate, there was hardly any health care in our 
Alaska villages. They received their health care by the wife or a 
spouse of the superintendent of the Indian school or native school, 
calling in to Anchorage, their one central hospital. There were no 
health aides. We created and pioneered the concept of community health 
aides.
  Through the many years since that time, Alaska Native health leaders 
worked with the Indian Health Service to train community members to 
provide tuberculosis treatment during epidemics in Alaska, and the 
program has provided more than 500 community health aides, with all 
levels of health care in over 178 remote villages where there is no 
other type of health care provider.
  Recently, the Community Health Aide Program was expanded by the 
Alaska Native health system, making specifically trained behavioral and 
dental health aides available to people living in villages. Today, 
Alaska's telemedicine system, with installations in 235 sites across 
Alaska, allows the community health aides to have direct access to 
physicians and dentists in regional hub hospitals in Anchorage and 
Fairbanks. They can use telemedicine to contact outside specialists who 
can assist them in the various clinics throughout the country. I will 
speak of a few of these people.
  Jennifer Kalmakof, a community health aide from Chignik Lake, is an 
example of how important the aides are in their communities. Jennifer 
won the 2007 Vaccine Alaska Coalition's Excellence in Immunization 
Award, presented to her at the Alaska Public Health Summit this past 
December. She made it her mission to increase and improve and maintain 
immunizations at the local level. She started her own system to keep 
track of infants,

[[Page 482]]

children, elders, and adults, using her own money to buy tackle boxes 
in which she organized clinic vaccines and kept them in her own 
refrigerator. She pioneered keeping track of the type of assistance 
these people need in terms of immunizations and various types of 
vaccinations.
  Title II of the bill addresses the range of services authorized, 
recognizing the change which has already occurred in our non-Native 
health system, where the emphasis has shifted from health care to home- 
and community-based care--such as provided by the young woman I 
mentioned--especially for long-term care services. All Alaska Natives 
need to have access to these home-based services, and the assisted 
living and nursing homes that recognize the cultural needs of Alaska 
Native elders need to also be available.
  Title III of the bill addresses safe water and sanitation needs. 
There continues to be enormous unmet needs for investment in safe water 
and sanitation systems in Alaska Native communities. Currently, 26 
percent of rural Alaska Native homes lack adequate water and wastewater 
facilities.
  For instance, Andrew Dock lives with his large family in Kipnuk, AK. 
In his household, there are two adults, six boys, and three girls. The 
youngest child is 1, and the oldest is 22. There is no piped-in water 
in this village and not even a central watering point. In the winter, 
water is obtained by chopping ice from tundra ponds with a steel ice 
pick and hauling it to his home in three 30-gallon gray garbage cans in 
a sled pulled by a snow machine. In the summer, he obtains water by 
collecting rainwater from domestic rooftops. It is also possible to 
haul water from a lake at Tern Mountain, which is a 13-mile boat trip. 
Hauling water is a daily chore--one to three trips a day to support 
drinking, cooking, and washing clothes. He hauls over 1,000 gallons of 
water per week to just keep safe water for the Dock household.
  In Kipnuk, sanitation is accomplished by 5-gallon honey buckets in 
each home. I know Senator Murkowski talked about this. Buckets are 
self-hauled twice a day through the living space of the family and 
deposited in a collection hopper nearby. Buckets must be emptied into 
another bucket when they become too full to carry without spilling in 
the home.
  Collection of the hoppers is often delayed, and there can be as many 
as five buckets waiting next to the hopper to be emptied.
  More than 6,000 homes in rural Alaska are without safe drinking 
water, and nearly 14,000 homes require upgrades or improvements to 
their water, sewer, or solid waste systems to meet minimum sanitation 
standards.
  There is also an immense unmet need for health care facilities 
throughout the Indian Health Care system, including in remote parts of 
Alaska. In Barrow, the northernmost point in the United States, $143 
million is needed to build the only hospital in an area the size of 
Idaho. And in Nome, $148.5 million is needed to build the only hospital 
in an area the size of Virginia.
  Other parts of the bill address the ability of native health 
organizations to bill third parties for health care services delivered 
to native beneficiaries also covered under public or private insurance 
programs. These funds provide critical additional funds to make up for 
shortfalls in Indian Health Service funding, including for emergency 
care.
  While the typical emergency response time from emergency 911 call to 
hospital care is generally clocked in minutes, in Alaska it is clocked 
in hours. In 2005, a young man in Bethel, Alaska, was stabbed in the 
stomach during an early morning fight and needed to be air-ambulanced 
to Anchorage, more than an hour away by jet. Due to weather and 
mechanical issues, the patient finally arrived at the hospital in 
anchorage about 7 hours after the first emergency call. A one-way air 
ambulance flight from Bethel to Anchorage costs more than $13,000.
  Finally, the bill addresses behavioral health needs of native people. 
The life expectancy of people with mental health issues is 25 years 
less than those without mental health issues. In Alaska that means that 
while we continue to make strides towards improving life span, we have 
not yet been able to adequately address this issue due to program and 
funding limitations.
  The combination of substance abuse and mental illness is associated 
with much higher rates of multiple diseases and early death. One in 
eleven Alaska native deaths is alcohol-induced, and alcohol was the 
fourth leading cause of death from 1993 to 2002 in Alaska. Alcohol 
contributed to 85 percent of reported domestic violence cases and 80% 
of reported sexual assault cases between 2000 and 2003. Suicide among 
Alaska natives remained steadily at two times the non-native rate in 
Alaska from 1992 to 2000.
  Integrated behavioral health programs can make a difference in this 
picture. Maniilaq, the native health organization in northwest Alaska, 
operates a very successful behavioral health program called the 
Mapsivik Treatment Camp, which provides alcohol treatment for families 
in a remote location. It is a year-round program that integrates the 
family into cultural and behavioral health treatment models. The camp 
has been successful in reducing recidivism and helping to heal whole 
families. And the Raven's Way program operated by the Southeast Alaska 
Regional Health Consortium for adolescents has now graduated more than 
1,000 kids. Many of these graduates have gone on to lead healthier 
lives, become hardworking adults, and some have even become native 
leaders.
  In conclusion, the need to pass this legislation now is clear, and I 
urge my colleagues to support passage of the bill.
  The PRESIDING OFFICER. The Senator from New Mexico is recognized.
  Mr. BINGAMAN. Mr. President, the Indian Health Care Improvement Act 
was first enacted in 1976. It has enabled us to develop programs and 
facilities and services that are models of health care delivery with 
community participation and with cultural relevance.
  We have accomplished a substantial amount under the Indian Health 
Care Improvement Act. American Indians and Alaska Natives today have 
lower mortality rates from diseases, such as heart disease and 
cerebrovascular disease, malignancy, and HIV infection, than they did 
before. Under the Indian Health Care Improvement Act, the infant 
mortality rate has decreased since 1976 from 22 per 1,000 to 8 per 
1,000.
  In spite of the notable improvements, there are still shocking health 
disparities that remain for Indian people. Let me give you some 
examples from my home State of New Mexico.
  First, let me say that over 10 percent of our population in New 
Mexico is American Indians. We have the second highest percentage of 
Native Americans of any State in the country.
  Native American women in New Mexico are three times as likely to 
receive late or no prenatal care compared to national rates. Native 
American New Mexicans are more than three times more likely to die from 
diabetes compared to other New Mexicans. Death rates for Native 
American New Mexicans from motor vehicle crashes are more than double 
those of non-Indians. That is largely explained because American 
Indians on tribal lands have accidents that are far from trauma 
centers, and therefore they do not have rapid access to lifesaving 
care.
  These disparities in mortality rates contribute to a shortened life 
expectancy for Indians compared to other Americans. National statistics 
show that Indians live, on average, 6 years less than do other 
Americans. That discrepancy is as high as 11 years for some South 
Dakota tribes.
  The Indian Health Service is one of the primary sources of health 
care for Native Americans. For years, the Indian Health Service has 
struggled to meet the needs of the Indian population, but in doing so 
they have faced enormous challenges. There are aging facilities, staff 
shortages, funding shortfalls, and all of these present challenges to 
the Indian Health Service. When facilities and staff are not sufficient 
to meet the needs, contract health services need to be purchased at the 
prevailing rates. Funds supporting contract health services generally 
run

[[Page 483]]

out by about midyear, and that leaves the Indian Health Service with no 
alternative but to ration care. Life-and-limb saving measures are 
selected by necessity over such things as health promotion and disease 
prevention.
  So what resources would be adequate to meet these challenges? To 
answer that question, I call my colleagues' attention to information 
that has been provided by the Congressional Research Service.
  Let me put up a chart that makes the comparison that I think is 
useful. This is a graphic illustration of 10 years of health care 
expenditures per person in various of the programs we support. The top 
line, the red line, is Medicare, primarily individuals 65 or older in 
this country. Medicaid is the level of funding per capita we provide 
under Medicaid. The Indian Health Service number is this blue line 
which is the lowest line on the chart. The sum of all public and 
private sources of health care dollars divided by the number of users 
nationally, or the average health care expenditure per American, is 
depicted in the green line. So we can see that the average American 
gets substantially more per recipient spent on them for health care 
services than does the average Indian American.
  In 2004, the U.S. Commission on Civil Rights produced a report 
entitled ``Broken Promises: Evaluating the Native American Health Care 
System.'' This report contained four important findings.
  No. 1, they found annual per capita health expenditures for Native 
Americans are far less than the amount spent on other Americans under 
mainstream health plans. That is exactly what this chart says.
  No. 2, they find annual per capita expenditures fall below the level 
provided for every other Federal medical program. And, again, that is 
demonstrated very well on this chart.
  No. 3, they found annual increases in Indian Health Service funding 
have failed to account for medical inflation rates or for increases in 
Indian population.
  And, No. 4, they found that annual increases in Indian health care 
funding are less than those for other health and human services 
components.
  This 2004 report concluded:

       Congress failed to provide the resources necessary to 
     create and maintain an effective health care system for 
     Native Americans. The Indian Health Care Improvement Act has 
     not been reauthorized since.

  That report was done in 2004. Reauthorization of this legislation is 
long overdue. As many of my colleagues have already said, we need to 
act now to ensure its swift passage because of the very serious funding 
shortages within the Indian Health Service.
  Senator Thune and I are offering an amendment to provide for an 
expansion of section 506 of the Medicare Modernization Act, which 
protects Indian Health Service contract health services funding. This 
contract health services funding is utilized by the Indian Health 
Service and tribes to purchase health care services that are not 
available through the IHS and tribal facilities. These are health 
services such as critical medical care and speciality inpatient and 
outpatient services.
  Nationally, the Indian Health Service and tribes contract with more 
than 2,000 private providers in order to get these services. 
Unfortunately, because of the very low funding levels available for 
contract health services, funding often runs out in midyear, as I 
indicated before.
  Making this problem even worse, prior to section 506 of the Medicare 
Modernization Act, there was no limitation on the price that could be 
charged for contract health services. In many instances, providers were 
charged commercial rates or even higher rates for those services, far 
in excess of the rates that were being paid by Medicare, by Medicaid, 
by the Veterans' Administration, and by other Federal health care 
programs.
  Section 506 of the Medicare Modernization Act provided that Medicare 
participating hospitals had to agree to accept contract health services 
patients and had to agree that Medicare payment rates would serve as a 
ceiling for contract health services payment rates to those hospitals.


                           Amendment No. 3894

  Mr. President, I send a Bingaman-Thune amendment to the desk and ask 
for its consideration.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from New Mexico [Mr. Bingaman], for himself and 
     Mr. Thune, proposes an amendment numbered 3894.

  Mr. BINGAMAN. Mr. President, I ask unanimous consent that the reading 
of the amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

 (Purpose: To amend title XVIII of the Social Security Act to provide 
 for a limitation on the charges for contract health services provided 
                   to Indians by Medicare providers)

       At the end of title II, add the following:

     SEC. ____. LIMITATION ON CHARGES FOR CONTRACT HEALTH SERVICES 
                   PROVIDED TO INDIANS BY MEDICARE PROVIDERS.

       (a) All Providers of Services.--
       (1) In general.--Section 1866(a)(1)(U) of the Social 
     Security Act (42 U.S.C. 1395cc(a)(1)(U)) is amended by 
     striking ``in the case of hospitals which furnish inpatient 
     hospital services for which payment may be made under this 
     title,'' in the matter preceding clause (i).
       (2) Effective date.--The amendment made by paragraph (1) 
     shall apply to Medicare participation agreements in effect 
     (or entered into) on or after the date that is 1 year after 
     the date of enactment of this Act.
       (b) All Suppliers.--
       (1) In general.--Section 1834 of the Social Security Act 
     (42 U.S.C. 1395m) is amended by adding at the end the 
     following new subsection:
       ``(n) Limitation on Charges for Contract Health Services 
     Provided to Indians by Suppliers.--No payment may be made 
     under this title for an item or service furnished by a 
     supplier (as defined in section 1861(d)) unless the supplier 
     agrees (pursuant to a process established by the Secretary) 
     to be a participating provider of medical care both--
       ``(1) under the contract health services program funded by 
     the Indian Health Service and operated by the Indian Health 
     Service, an Indian Tribe, or Tribal Organization (as those 
     terms are defined in section 4 of the Indian Health Care 
     Improvement Act), with respect to items and services that are 
     covered under such program and furnished to an individual 
     eligible for such items and services under such program; and
       ``(2) under any program funded by the Indian Health Service 
     and operated by an urban Indian Organization with respect to 
     the purchase of items and services for an eligible Urban 
     Indian (as those terms are defined in such section 4),
     in accordance with regulations promulgated by the Secretary 
     regarding payment methodology and rates of payment (including 
     the acceptance of no more than such payment rate as payment 
     in full for such items and services.''.
       (2) Effective date.--The amendment made by paragraph (1) 
     shall apply to items and services furnished on or after the 
     date that is 1 year after the date of enactment of this Act.

  Mr. BINGAMAN. Mr. President, the Bingaman-Thune amendment would build 
on section 506 to ensure that these requirements, the requirements that 
506 apply to hospitals that were contracted with by the IHS, apply not 
just to hospitals but to all participating Medicare providers and 
suppliers. In other words, the amendment would ensure that scarce 
contract health services dollars are used more efficiently, providers 
would be ensured a greater likelihood of receiving contract health 
services payments and would be provided continuity in the payment 
levels with other Federal programs.
  The Bingaman-Thune amendment is supported by a wide range of Indian 
health advocates, including the National Indian Health Board, the 
Navajo Nation, and First Nations Community Health Source in New Mexico.
  I urge my fellow Senators to join Senator Thune and myself in 
supporting this important amendment.
  In conclusion, I underscore that passage of this overall legislation, 
the Indian Health Care Improvement Act, is critically needed and long 
overdue. I congratulate the Senator from North Dakota for his 
persistence in getting this legislation brought to the floor, and I 
congratulate and thank our majority leader, Senator Reid, for 
scheduling this as the first item of business in this second session of 
this Congress. It speaks volumes about the importance Senator Reid 
attaches to this legislation.

[[Page 484]]

  I hope my fellow Senators will join me in strongly supporting passage 
of the legislation once the Bingaman-Thune amendment has been adopted.
  Mr. President, I yield the floor.
  The PRESIDING OFFICER (Mr. Carper). The Senator from North Dakota.
  Mr. DORGAN. Mr. President, I thank the Senator from New Mexico for 
offering the amendment. I know he offers it on behalf of himself and 
Senator Thune from South Dakota. I fully support the amendment. This 
amendment will provide maximum opportunity to stretch the Indian health 
care dollars. The amendment is a thoughtful amendment that will, in my 
judgment, strengthen the underlying bill.
  I am very interested in supporting it. We are working to see if we 
can get a vote on this amendment today. I believe the majority leader 
wishes to begin voting today, and I hope perhaps we can arrange consent 
to have a vote on this amendment later this afternoon.
  I also thank the majority leader for bringing this bill to the floor 
of the Senate. When I was vice chairman of the Indian Affairs Committee 
and Senator John McCain was chairman, we worked on this bill. We tried 
very hard to get it to the floor, but we were not successful. This is 
the culmination of lot of work and important work, in my judgment, to 
get it to the floor. I appreciate the cooperation of the majority 
leader for giving us the opportunity to get it to the floor.
  My hope is we will have the cooperation of other Members of the 
Senate. If there are amendments to be offered, we wish they would come 
and offer those amendments. We would like to get amendments and time 
agreements and try to find a way to complete this legislation.
  I also failed to mention earlier that the Senate Finance Committee 
had a referral on this bill. They did some very important work. Senator 
Baucus, Senator Grassley, and other members of the Senate Finance 
Committee were very helpful, as has been Senator Kennedy and Senator 
Enzi on the HELP Committee, and Senator Kyl and others.
  This bill is bipartisan. We are trying very hard to get this 
legislation completed. As I indicated earlier, this is long past the 
time when this should have been done. People are literally dying for 
lack of decent health care that most of us take for granted, most of us 
expect and receive. That is not the case with respect to Native 
Americans. We desperately need to change this situation.
  My hope is, if there are those who are intending to offer amendments 
today, that they come to the floor and offer the amendments. We know of 
a number of amendments. I appreciate the cooperation of Senator 
Bingaman in offering his amendment now. If there are others, I hope we 
can proceed.
  Mr. President, I wish to briefly speak about another issue we have 
been dealing with. My colleague from New Hampshire spoke briefly, and I 
think in the absence of others being in the Chamber, I wish to speak as 
in morning business for 5 minutes.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                              The Economy

  Mr. DORGAN. Mr. President, some of my colleagues have spoken today 
about the difficulty in the economy. I am concerned about it, as are 
virtually all Americans at this point. The stock market seems to be 
bouncing around like a yo-yo. The economy is slowing and consumer 
spending is down. Recently, there was a substantial increase in 
unemployment in a single month--and a whole series of items that 
suggest there are real economic problems.
  My colleague from New Hampshire said: I am concerned about a stimulus 
package. So am I, but in my judgment, we need to err on the side of 
taking action rather than err on the side of doing nothing. The Federal 
Reserve Board this morning cut interest rates by 75 basis points. That 
is a blunt instrument of monetary policy to try to address what is seen 
as a serious weakness in this economy.
  I want to say this: No matter what we do--and we almost certainly 
will produce some sort of stimulus package--I believe a stimulus 
package should provide some tax rebates to middle and lower income 
people. It also ought to provide an extension of unemployment benefits. 
We have done that during previous economic downturns. I think a 
stimulus package should provide investment tax credits for businesses 
with an end date and other temporary tax incentives to persuade 
businesses to make capital investments now when the economy would 
benefit most from it. So we should do two things: We should put money 
in the hands of consumers, middle to lower income consumers, and we 
also should stimulate businesses to make needed capital investments 
earlier rather than later in order to prime the pump with respect to 
the economy.
  I also think it is important to consider, even as we talk about 
stimulus, making investments in this country's infrastructure. There is 
nothing that puts people back to work more quickly than money that goes 
to building roads and bridges and making other improvements in this 
country's infrastructure that are so desperately needed. Many of us are 
working on and talking about that issue. But that ought to be a part of 
a second phase of a stimulus package. To ignore that, in my judgment, 
is to ignore significant job-creating opportunities at a time when we 
desperately need those opportunities.
  Having said all of that, I believe we need to act to provide 
confidence to the American people about the future--after all, that is 
what the business cycle is about. If people are confident about the 
future, they manifest that confidence. They take the trip they wanted 
to take. They buy the car they wanted to buy. They do the things that 
manifest confidence in the future. That represents expansion.
  If they feel as if the future has some troublesome aspects, they say: 
I am going to defer taking the trip, I am going to defer buying that 
car or piece of equipment, I am going to defer purchasing that piece of 
furniture, and then the economy contracts.
  There are some in Washington with an overinflated sense of self who 
think this is a ship of state with an engine room. And you get out of 
the engine room and you dial the knobs and the switches and the 
levers--M-1 B, taxes and all of these things--and somehow the ship of 
state just sails right on forward.
  That is not the case at all. This ship of state moves or fails to 
move based on the people's expectation about the future. If they are 
optimistic, they do things that express that optimism, and the economy 
expands.
  I wish to talk for a moment about some of the fundamentals. We can 
genuflect here and even do some dancing in the Senate Chamber about the 
issue of stimulus packages, but if we don't address the fundamentals, 
we are not going to get out of this problem.
  Every single day, 7 days a week, all year long, we import $2 billion 
more in goods than we export. So we run up a bill of $700 billion plus 
a year in trade deficits. Our trade situation is an abysmal failure. Do 
you think the rest of the country doesn't know that? Do you think that 
has no impact on the falling dollar? Of course it does. It is one of 
the reasons the dollar is falling.
  In addition to that, we have a fiscal policy that has been reckless. 
Last year, we had a $196 billion request from the President in front of 
us, none of it paid for--add it to the debt, he says--for Iraq and 
Afghanistan and restoring military accounts. Well, that is $16 billion 
a month, $4 billion a week, and none of it paid for. That is on top of 
the yearly deficit, which is understated. It uses all the Social 
Security money as if it were other revenue in order to show a lower 
deficit.
  The American people know better and so do the financial markets. They 
see the combination of a reckless fiscal policy and a trade policy that 
is deeply in debt. They see a country whose fundamentals are out of 
line. These electronic herds, called the currency buyers or currency 
traders, when they see these things and they run against the currency, 
a country is in trouble. We have to get our fundamentals in order. We 
need to fix our trade policy, stop these hemorrhaging deficits, and we 
need to fix our fiscal policy.

[[Page 485]]

  We can't say yes to a President who says let's fight a war and do tax 
cuts for wealthy Americans at the same time. Let's fight a war, spend a 
lot of money doing it--two-thirds of a trillion at this point but 
heading north--and none of it paid for; all of it borrowed. This from a 
conservative President. This Congress has to stop saying yes to that. 
This reckless fiscal policy has helped set the stage and table for part 
of what we have seen the last couple of weeks, the jitters and concerns 
about where this country is headed and the economic difficulty we are 
now in.
  Let me talk about something my colleague from New Hampshire talked 
about, and that is the underlying issue of the so-called subprime loan 
scandal. That is a fascinating thing. Someday somebody will do a book 
about that and just about that issue. Here is what happened, and we 
know better. Everybody knows better.
  You wake up in the morning and go to brush your teeth and perhaps you 
have a television set on. You are sort of getting ready for work and 
you see a television ad. We see them every morning, and the ads say: Do 
you have bad credit? Do you have trouble getting a loan? Have you been 
missing payments on your home loan? Have you filed for bankruptcy? It 
doesn't matter. Come to us; we will give you a loan.
  We have all seen these ads, and you think to yourself: Well, how can 
they do that? How can they advertise that if you have bad credit you 
can borrow money from them? The fact is, you can't do that. But that is 
what we were doing all across this country. Here is what was happening. 
Mortgage brokers were making a fortune in big fees by selling subprime 
mortgages. The companies that were writing these mortgages, the largest 
of which was Countrywide Financial, were saying to people: You know 
what, take our low-interest mortgage, with a teaser rate at 2 percent. 
It won't reset for 3 years. By the way, if you have an existing home 
loan, so you can get rid of that and we will lend you money you can pay 
back at a 2-percent interest rate, and it will not reset for 3 years, 
during which time the market is going to go up and you can flip it and 
sell it. In any event, what we will do is decide that on your home loan 
you don't have to make any principal payments at this point, just 
interest. We will add the principal later on.
  Or they will say, borrow this money from us, and we will make the 
first 12 months' payments. For the first year, you make no payments at 
all.
  OK, that practice was totally, completely and thoroughly 
irresponsible by a bunch of greedy folks. They are talking to people, 
cold-calling them and saying, we would like to put you in a better 
mortgage but not telling them, of course, there is a prepayment 
penalty. They are telling you monthly mortgage payments that didn't 
include real estate taxes, insurance costs, and so forth. So they were 
quoting borrowers 2 percent teaser rates with prepayment penalties that 
didn't include the escrow. So they put these people in these loans.
  Now, were the victims partly at fault? Sure. By victims, I am talking 
about those who took these loans out. But these were high-powered 
salespeople working for big companies that were putting bad products in 
the hands of a lot of unsuspecting people.
  Then what do they do? They have these subprime loans packaged up with 
other loans. It is sort of like the old days when they used to put 
sawdust in sausage in the meat plants and mix it all up as filler. Then 
they would cut it up and you would never know where the filler was and 
where the sausage was. Well, similar to that, they would take the good 
loans and the subprime loans and they would mix them all together and 
put them in securities--securitize them. Then they would sell the 
securities to these hedge funds, among others. So hedge funds were 
buying securities. They didn't have the foggiest idea what they were 
buying because the rating agency said it looked okay. These agencies 
were dead from the neck up.
  Everybody was greedy, and now the whole tent comes collapsing down. 
Now, you say, how could that be? Well, it was because people were 
loaning money to people who were never going to be able to repay it. 
The CEO of Countrywide, the largest company doing this, made hundreds 
of millions of dollars selling the stock back. It looks like 
Countrywide is going to go belly up, so Bank of America comes in and 
buys Countrywide. No idea why, but the big guys, they all waltz off 
smiling ear to ear, sparkling teeth and big smiles. Why? Because they 
made a lot of money--hundreds of millions of dollars. Meanwhile, all 
these folks can't repay their mortgages and are left to try to pick up 
the pieces and then we wonder what on Earth happened here.
  In the midst of all this, this morning I was listening to a TV show 
with a man named Jim Cramer, who talks about stock prices. He has a TV 
show. Half the time he is yelling. I don't have the foggiest idea why 
he thinks that is the approach to use to thoughtfully talk about stock 
prices, but apparently it is successful. So he says this morning that 
one of the ways we should deal with the problem in the economy is to 
start trying to provide some recompense or some money to the insurers 
of bonds and other things that are going to get hit--derivatives, he 
said. And I thought, I understand that language. He is talking about 
credit default swaps.
  That sounds like a flatout foreign language, but it can't be because 
I don't speak a foreign language. Credit default swaps. So what Jim 
Cramer was talking about on the television this morning is that in 
order to bail out this country, his approach is we ought to provide 
about 50 percent of taxpayer money to the losses for those who have 
credit default swaps. Let me talk a moment about what this means 
because, as I said, it sounds completely foreign.
  Hedge funds in this country are largely unregulated. I, Senator 
Feinstein, and many others have tried for a long time to say that is 
dangerous for this country. Hedge funds are somewhere around $1 to $1.5 
trillion. Now, that is not so much, considering mutual funds are about 
$9 trillion. The total of the stocks and bonds in the stock market and 
bond funds are about $40 billion. So hedge funds are about $1 to $1.5 
trillion. But hedge funds represent one-half of all the trades on the 
stock market. Think of that--$1 trillion plus unregulated--and they 
comprise half the trades on the stock market.
  Now, because of the very heavy use of the leverage, it is a fact that 
hedge funds can lose much more than they are worth. If somebody goes 
into a casino in Las Vegas with a pocketful of money and grinning, 
thinking they are going to win a lot of money but end up losing it all, 
in most cases the only thing they lose is the money they have. That is 
not the case with heavily leveraged hedge funds.
  That is why the episode with Long-Term Capital Management, a hedge 
fund that had the smartest people working for them, was so important 
that over a decade ago the Federal Reserve Board had to try to save 
Long-Term Capital Management. That hedge fund was unbelievably 
leveraged, over $1 trillion. Its collapse would have affected the 
entire American economy.
  So here is what we have. We have this language now called credit 
default swaps. The credit default swap is a derivative, and it is an 
insurance policy on a bond or some other instrument. The person who 
sells the swap is actually writing a policy that collects a premium, 
and it says if nothing goes wrong with the underlying instrument, the 
person who sold the swap gets the premium and looks like a genius. If, 
however, the bond or the underlying instrument collapses, then the swap 
seller has to make good. The notional amount--understand this--the 
notional amount, the aggregate of bonds, loans, and other debt called 
by credit default swaps in the United States, is now $26 trillion.
  I have spoken before on the floor of the Senate about creating a 
house of cards, every child has done it, and then pulled out a card on 
the bottom. Everyone understands what happens to the house of cards. We 
now have roughly $1-$1.5 trillion in hedge funds, as I understand it, 
doing one-half of the stock

[[Page 486]]

trades on the stock exchanges. In most cases, hedge funds have a 
notional value of $26 trillion in credit default swaps, and the 
question is: Where is all this exposure? How much exposure? We don't 
know. Most hedge funds are unregulated, and a whole lot of folks in 
this Chamber have wanted to keep it that way, despite the efforts of 
some of us who believe it is dangerous to our economy to pretend this 
kind of risk does not exist.
  It is interesting to me that we are in this situation and troubling 
to me we are in a situation that all of us knew was going to be 
difficult. You can't run a $2-billion-a-day trade deficit without 
consequence. Warren Buffett always pointed out with the housing bubble 
that every bubble bursts. It is one of the immutable laws. The question 
isn't whether, it is when. He makes the same point about the trade 
deficit. The trade deficit is unsustainable. The question isn't whether 
we will see consequences, the question is when will those consequences 
exist.
  The consequences are beginning to exist now, with the declining value 
of the dollar and the combination of all the other issues--the highest 
deficits in human history, the trade deficit, a fiscal policy that is 
completely and thoroughly reckless, combined with the scandal that 
exists with respect to subprime loans and the massive amount of 
unregulated hedge fund credit swap defaults. I mean it is staggering to 
see what we have done. Again, the credit default swap is a notional 
derivative whose value is dramatic and the consequences of which could 
be dramatic for the entire economy.
  Most regulators were looking the other way and doing so deliberately. 
If ever one wonders whether thoughtful and effective regulation is 
necessary, look at all this. If anyone has ever wondered whether you 
can get by with a trade deficit of $2 billion a day, look at where we 
find ourselves now. If anyone ever wonders if you can spend money you 
don't have on things you don't need, look at this country's fiscal 
policy and its consequences for the country.
  Having said that, all of us want the same thing for this country's 
future. We want a country that grows and provides economic opportunity. 
We want a country where the fundamentals are fair and put in order. 
That means a trade deficit that is eliminated, or at least close to 
eliminated, and a trade policy that works for this country's interest. 
It means a fiscal policy that pays our bills, and it means effective 
regulation in areas where you have substantial potential risk for the 
entire economy, and that means regulation of certain hedge funds' 
transactions and derivatives now well outside the view of public 
regulators.
  So I think this is going to be a very difficult time for this 
country. It is one thing for us to take a shower in the morning, put on 
a suit and drive to work and talk about it, it is another thing for the 
people who go home tonight and say: Sweetheart, I have lost my job, not 
because I didn't do a good job, but they are laying people off where I 
work. That is a consequence for that family in which unemployment is 
100 percent.
  We face some pretty daunting challenges. My hope with this President 
and with Republicans and Democrats working together, as the Speaker of 
the House and the majority leader of the Senate said last week, with 
all of us working together, combined with the Federal Reserve's 
monetary policy, that we can develop some thoughtful approaches in 
fiscal policy that might lead us in a constructive direction to say to 
the American people we believe you can honestly look at the future and 
have a positive view. But they won't believe that if they feel we are 
not serious about the fundamentals. The American people aren't going to 
be fooled. If we don't fix our trade policies and get rid of these 
unbelievable deficits, if we don't put our fiscal house in order and 
stop doing what the administration suggests we do, we are in big 
trouble.
  We had a Treasury Secretary named Paul O'Neill--the first Treasury 
Secretary under this President. If ever there was a straight shooter in 
Government, it was Paul O'Neill. He came here as an executive from an 
aluminum company. He was blunt-spoken, an interesting guy, and I 
happened to like him a lot. Paul O'Neill got fired. In fact, Dick 
Cheney is the one who fired him, at the request of the President. When 
fired, he was told that deficits don't matter. Deficits don't matter.
  Well, we now understand they do matter and we have to do something 
about it. This fiscal policy is out of control. Our trade policy is 
broken and we have had regulators who looked the other way while we had 
grand theft in this area of the subprime scandal, and it is time we 
tell the American people we are serious about addressing these issues 
and we are going to do it now.
  I yield the floor and I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The bill clerk proceeded to call the roll.
  Ms. STABENOW. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Ms. STABENOW. Mr. President, I rise today in strong support of the 
Indian Health Care Improvement Act. I, first, wish to thank our 
chairman, Senator Dorgan, for his passion and commitment. I have had 
the opportunity to listen to some of the floor debate and opening 
comments and very much appreciate the way you have laid out the 
incredible need for this legislation and the fact it is long overdue.
  It is a promise that has not been kept, and hopefully today we are 
going to move forward in keeping that. Also, thank you to my friend and 
ranking member, Senator Murkowski, for her eloquence as well in laying 
out the legislation. It is wonderful to see the partnership that has 
happened on this legislation.
  I also wish to remember our colleague, former Senator Craig Thomas, 
who I know was a wonderful friend to Indian Country and cared very 
deeply about these issues. We certainly take a moment again to remember 
him and send our best wishes to his family in remembrance of his 
leadership on this issue as well.
  Just over 31 years ago, this bill, the original bill, was signed into 
law by the late President Gerald R. Ford, who I am proud to say resided 
and represented the great State of Michigan. It had the purpose of 
bringing the health status of Native Americans up to the level of other 
Americans.
  This program, the Indian Health Services Program, funds health 
services to about 1.8 million Native Americans from our Nation's more 
than 500 federally recognized American Indian and Alaskan Native 
tribes. I am proud to have many of them in Michigan.
  The Federal Government provides those health care services based on 
our trust responsibility to Indian tribes derived from Federal 
treaties, statutes, court rulings, Executive actions, and from our own 
Constitution, which assigns authority over Indian relations to the 
Congress.
  Reauthorization of the various Indian health care programs has 
languished for 15 years in this body, so our work today is vital. It is 
a vital component, it is long overdue, as our chairman has reminded us 
over and over again in bringing this issue forward for years.
  It is a vital component in improving and updating health care 
services in Indian Country. The Indian Health Care Improvement Act will 
modernize and improve Indian health care services and delivery. We know 
this is an incredibly important step. We know more needs to be done, 
but we know this is an incredibly important step.
  The bill will also allow for in-home care for Indian elders and will 
provide much-needed programs to address mental health and other issues 
related to the well-being of Indian communities.
  More importantly, the Indian Health Care Improvement Act will address 
many health care disparities in Indian Country. For example, infant 
mortality rates are 150 percent greater for Indians than for Caucasian 
infants.
  Those in the Indian communities are 2.6 times more likely to be 
diagnosed with diabetes. Tuberculosis rates for

[[Page 487]]

Native Americans are four times the national average. The life 
expectancy for Native Americans is nearly 6 years less than the rest of 
the U.S. population.
  What this bill, unfortunately, cannot do is mandate the necessary 
funding from our budget every year to uphold our country's trust 
responsibility to provide adequate health care to our tribal members. 
But we intend to make sure that happens.
  As it stands, the Indian Health Services annual funding does not 
allow it to provide all the needed care for eligible Native Americans. 
That is what we are speaking to today, that sense of urgency we have in 
making that happen.
  As of today, funding levels are only at 60 percent of the demand for 
services each year, which requires IHS tribal health facilities, 
organizations, and urban clinics to ration care so the most critical 
care and the needs are funded first and foremost, which, in turn, 
results in the tragic denial of needed services for too many men, 
women, and children, old and young in Indian country.
  As unbelievable as it may sound, health care expenditures to Native 
Americans are less than half of what America spends on Federal 
prisoners.
  Preventative health care is so important for Indian Country due to 
the high incidence of chronic diseases such as diabetes and obesity 
within these communities. IHS funding shortfalls for medical personnel 
have only further contributed to the severe gaps in health care 
delivery in Indian Country. In 2005, there were job vacancy rates of 24 
percent for dentists, 14 percent for nurses, 11 percent for physicians 
and pharmacists, according to IHS data.
  I am very pleased and proud to be a cosponsor of this important 
legislation, as it establishes objectives to address these health 
disparities between Native Americans and other members of the American 
community. It will enhance IHS ability to attract and retain qualified 
health care professionals for Indian Country.
  As a government, I am also hopeful we will commit the additional 
resources to Indian health care for this year and every year in the 
future. The time has long passed for this reauthorization. I am very 
proud our leader, Senator Reid, has determined this to be a priority 
for the Senate. I am proud of the work that has been done. It is truly 
time to get this done now.
  I yield the floor and I suggest the absence of a quorum
  The PRESIDING OFFICER. The clerk will call the roll.
  The bill clerk proceeded to call the roll.
  Mr. VITTER. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. VITTER. Mr. President, I ask unanimous consent to call up my 
amendment at the desk, Vitter amendment No. 3896.
  The PRESIDING OFFICER. Is there objection to setting aside the 
pending amendment?
  Mr. DORGAN. Mr. President, I have not had a chance to visit with the 
Senator from Louisiana. I object.
  The PRESIDING OFFICER. Objection is heard.
  Mr. VITTER. Mr. President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The bill clerk proceeded to call the roll.
  Mr. VITTER. I ask unanimous consent that the order for the quorum 
call be rescinded.
  The PRESIDING OFFICER (Mrs. McCaskill). Without objection, it is so 
ordered.


                           Amendment No. 3896

  Mr. VITTER. Madam President, I ask unanimous consent to call up 
amendment No. 3896 at the desk.
  The PRESIDING OFFICER. Is there objection to setting aside the 
committee amendment?
  Without objection, it is so ordered.
  The clerk will report.
  The bill clerk read as follows:

       The Senator from Louisiana [Mr. Vitter] proposes an 
     amendment numbered 3896.

  Mr. VITTER. I ask unanimous consent that reading of the amendment be 
dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

 (Purpose: To modify a section relating to limitation on use of funds 
                      appropriated to the Service)

       Strike section 805 of the Indian Health Care Improvement 
     Act (as amended by section 101(a)) and insert the following:

     ``SEC. 805. LIMITATION RELATING TO ABORTION.

       ``(a) Definition of Health Benefits Coverage.--In this 
     section, the term `health benefits coverage' means a health-
     related service or group of services provided pursuant to a 
     contract, compact, grant, or other agreement.
       ``(b) Limitation.--
       ``(1) In general.--Except as provided in paragraph (2), no 
     funds or facilities of the Service may be used--
       ``(A) to provide any abortion; or
       ``(B) to provide, or pay any administrative cost of, any 
     health benefits coverage that includes coverage of an 
     abortion.
       ``(2) Exceptions.--The limitation described in paragraph 
     (1) shall not apply in any case in which--
       ``(A) a pregnancy is the result of an act of rape, or an 
     act of incest against a minor; or
       ``(B) the woman suffers from a physical disorder, physical 
     injury, or physical illness that, as certified by a 
     physician, would place the woman in danger of death unless an 
     abortion is performed, including a life-endangering physical 
     condition caused by or arising from the pregnancy itself.''.

  Mr. VITTER. Madam President, I offer an important amendment with 
regard to abortion and the pro-life cause. It is a very appropriate day 
that we talk about this because as we speak tens of thousands upon tens 
of thousands of people, particularly young people, from all around the 
country are marching in Washington, on the Mall, at the Supreme Court, 
in a positive, vibrant march for life. In offering this amendment, I 
also want to thank all of my original amendment cosponsors: Senators 
Allard, Brownback, Thune, and Inhofe.
  This amendment is very simple. This amendment codifies, solidifies 
the Hyde amendment policy in this important Indian Health Care 
Improvement Act. It establishes, reasserts, the policy of the Hyde 
amendment with regard to the Indian Health Care Improvement Act and 
puts that Hyde amendment language in the authorization language for 
this important part of Federal law.
  Let me explain why it is necessary. For many years the Hyde amendment 
has been honored, including in this Federal program, but in a very 
roundabout and precarious way. For many years this program and this 
authorization have included language that says: This program will be 
governed by whatever abortion language is contained in the current 
Health and Human Services appropriations bill. And for those years, 
Congress has included Hyde amendment language in that appropriations 
bill to which this program points. That has worked, sort of, in 
accomplishing having the Hyde amendment in Federal law with regard to 
Indian health care, but it puts it in a tenuous and precarious posture. 
It puts it up for debate and possible change of policy every year, 
every time we debate a new Health and Human Services appropriations 
bill. Therefore, it doesn't make the policy very solid, very secure, or 
very clear.
  My amendment is very simple. It would simply place that Hyde 
amendment language directly in the Indian health care language and say: 
No Federal funds in this program will be used to perform abortions 
except in the rare exceptions delineated in the original Hyde 
amendment.
  This is very appropriate. Why should we go to this in such a 
roundabout and tenuous and precarious way? I think we should place that 
clear policy, which has been accepted over many years, since the 
original Hyde amendment debate, directly in the Indian Health Care 
Improvement Act and not have it sort of get there maybe every year 
through such a torturous and tenuous and precarious route.
  It is very simple. On this day, where tens of thousands upon tens of 
thousands of Americans, particularly young people--and that is so 
heartening--are marching on Washington in a positive march for life, 
will we clearly reaffirm that Hyde amendment language in the

[[Page 488]]

Indian Health Care Improvement Act? I suggest all of us should do that. 
I suggest that would be a positive statement for life, for positive 
values for the future. Voting for the amendment will accomplish just 
that.
  I have talked to the chairman of the committee, and he has indicated 
that a vote will be forthcoming further on in the debate of this bill. 
I welcome that. I welcome everyone on both sides of the aisle joining 
together around this consensus amendment to make a positive statement 
for life, to reaffirm what has been Federal policy for several years, 
the Hyde amendment, and to move forward, hopefully together, in a 
positive spirit, making that positive statement for life.
  In closing, this is a very important issue and a very important 
amendment, a very important vote to millions of people around the 
country who care deeply about life. Because of that, this will be a 
vote focused on and graded by several key national groups; 
specifically, the National Right to Life Committee, Concerned Women of 
America, and the Family Research Council.
  I have letters from all three of these groups making clear their 
strong support of the Vitter amendment and also making clear that this 
vote on this amendment will be graded in their activity monitoring the 
Congress. I ask unanimous consent that three letters be printed in the 
Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                                    National Right


                                      to Life Committee, Inc.,

                                 Washington, DC, October 23, 2007.
     Re Vitter Amendment to S. 1200 (abortion funding).

       Dear Senator: The Senate is expected to soon consider S. 
     1200, the Indian Health Care Improvement Act Amendments of 
     2007. The National Right to Life Committee (NRLC) urges you 
     to vote for an amendment that Senator Vitter will offer, 
     which would codify a longstanding policy against funding of 
     abortions with federal Indian Health Service (IHS) funds 
     (except to save the life of the mother, or in cases of rape 
     or incest).
       For Medicaid, federal funding of abortion was restricted 
     beginning in 1976 by enactment of the Hyde Amendment to the 
     annual HHS appropriations bill. However, because the IHS is 
     funded through the separate Interior appropriations bill, 
     which has never contained a ``Hyde Amendment,'' the IHS 
     continued to pay for abortion on demand long after the Hyde 
     Amendment was enacted. The Reagan Administration curbed the 
     practice administratively in 1982, as a temporary fix. 
     Subsequently, in an IHS reauthorization bill in 1988, 
     Congress enacted 25 U.S.C. Sec. 1676, which said that any 
     abortion funding limitations found in the HHS appropriations 
     measure in effect at any given time will also apply to the 
     IHS. That requirement, which would be continued by Section 
     805 of S. 1200 as reported, provides no real assurance that 
     federal IHS funds will not be used to pay for abortion on 
     demand in the future, because the language of future HHS 
     appropriations bills depends upon a host of legislative and 
     political contingencies. Rather than merely extending such a 
     convoluted arrangement, NRLC urges adoption of Senator 
     Vitter's amendment, which would simply codify the 
     longstanding policy: No federal funds for abortion, except to 
     save the life of the mother, or in cases of rape or incest. 
     The substance of Senator Vitter's amendment is based directly 
     on the version of the Hyde Amendment that has been in effect 
     since 1997, which appears as Section 508 in the current 
     Labor/HHS appropriations bill (H.R. 3043).
       In short, if you are opposed to direct federal funding of 
     abortion on demand, you should support the Vitter Amendment. 
     Rejection of the Vitter Amendment would have the effect of 
     leaving the door open to future federal funding of abortion 
     on demand by the IHS.
       We anticipate that the roll call on the Vitter Amendment 
     will be included in NRLC's scorecard of key pro-life votes of 
     the 110th Congress. Thank you for your consideration of 
     NRLC's position on this important issue.
           Sincerely,
                                                  Douglas Johnson,
     Legislative Director.
                                  ____

                                                 October 29, 2007.
     Hon. David Vitter,
     U.S. Senate,
     Washington, DC.
       Dear Senator Vitter: The 500,000 members of Concerned Women 
     for America are grateful for your continued commitment to the 
     sanctity of life. We appreciate your work to eliminate 
     federal funding of abortions through the Indian Health Care 
     Improvement Act (S. 1200). This amendment will benefit many 
     women and save innocent lives as Indian Health Services (IHS) 
     funds will be prohibited for use for abortions.
       Thank you for your work to codify a longstanding policy and 
     ensure that despite the change in partisan politics, this 
     nation will stand for life. A permanent adoption of this 
     policy to the IHS program will be a positive step in the 
     direction of upholding our nation's claim to the sanctity of 
     life.
       The Hyde amendment of 1976 restricted the federal funding 
     of abortion through Medicaid, but this policy did not apply 
     to the IHS due to its receiving funding through a separate 
     Interior Appropriations bill. The IHS continued to pay for 
     abortion on demand until 1982. This was six years too long. 
     Though the Reagan administration administratively curbed the 
     practice, future administrations have not been and will not 
     be barred from paying for abortion on demand using IHS funds.
       Senator Vitter, that is why we are grateful for your pro-
     life amendment to S. 1200. Legislative policies are needed to 
     ensure that the sanctity of life is not subject to partisan 
     politics. We appreciate your commitment to prohibit the 
     federal government from funding abortion on demand.
           Sincerely,

                                                 Wendy Wright,

                                                        President,
     Concerned Women for America.
                                  ____



                                      Family Research Council,

                                 Washington, DC, January 14, 2008.
     U.S. Senate,
     Washington, DC.
       Dear Senator: On behalf of Family Research Council and the 
     families we represent, I want to urge you to vote for the 
     amendment offered by Senator David Vitter (R-LA) to the 
     Indian Health Care Improvement Act of 2007 (S. 1200) which 
     would prevent Indian Health Service funds from being used for 
     abortion. Exceptions would include cases where the life of 
     the mother is at risk, or in the case of rape or incest with 
     a minor. We strongly support this amendment.
       Current federal law since the 1988 Indian Health Care 
     reauthorization limits Indian Health Service funds from being 
     used to perform abortion. It does so by referencing the Hyde 
     provision in the annual LHHS appropriations bill, which 
     prohibits such funding for abortion. S. 1200 in Section 805 
     reiterates this reference to the Hyde provision. However, if 
     the Hyde provision were removed from the LHHS appropriations 
     bill, funding of abortion under Indian Health Services would 
     ensue.
       Senator Vitter's amendment language is similar to the Hyde 
     provision and would simply codify this long-standing policy 
     in the Indian Health Care Improvement Act. As such, federal 
     Indian Health Service funds would not be used for abortions, 
     no matter what happens with the Hyde provision in future 
     appropriations cycles.
       Your support for the Vitter amendment will uphold the long-
     standing policy that United States taxpayers should not 
     subsidize abortion. FRC reserves the right to score votes 
     surrounding this amendment in our scorecard for the Second 
     Session of the 110th Congress to be published this fall.
           Sincerely,
                                                  Thomas McClusky,
                            Vice President for Government Affairs.

  Mr. VITTER. Again, in closing, I welcome all of our colleagues to 
support this commonsense, pro-life, positive amendment. I look forward 
to any further debate on it, to answer any questions that might arise, 
and to an important vote before we conclude consideration on this bill.
  I yield the floor.
  Mr. DORGAN. I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The bill clerk proceeded to call the roll.
  Mr. SPECTER. I ask unanimous consent that the order for the quorum 
call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  (The remarks of Mr. Specter pertaining to the introduction of S. 2539 
and S. 2540 are located in today's Record under ``Statements on 
Introduced Bills and Joint Resolutions.'')
  The PRESIDING OFFICER. The Senator from Minnesota is recognized.
  Ms. KLOBUCHAR. Madam President, I come to the floor today to talk 
about my support for the reauthorization of the Indian Health Care 
Improvement Act. I am a cosponsor of this bill because there is a vital 
need for our Native American communities to have access to modernized 
health care.
  Today, the health disparities between our tribal communities and the 
rest of the country are shocking. According to the Indian Health 
Service, the average life expectancy for Native Americans is almost 
2\1/2\ years below any other group in the country. The incidence of 
sudden death syndrome among tribal communities is more than three times 
the

[[Page 489]]

rate of nontribal infants. If you are a Native American, you are 200 
percent more likely to die of diabetes, you are 500 percent more likely 
to die from tuberculosis, you are 550 percent more likely to die from 
alcoholism, and you are 60 percent more likely to commit suicide.
  These may seem like nothing but statistics, but behind them are real 
people who are in real need of modernized health care services.
  The suicide rate among Native American youth is the highest of any 
racial group in the Nation. In fact, suicide is the third leading cause 
of death among Native American youth. One of the country's most recent 
victims is a 12-year-old Red Lake boy who hanged himself last October. 
This young boy's suicide only added to the heartache of the Red Lake 
Indian Reservation, which is located in my State of Minnesota. This 
Indian reservation, the people there had already suffered a lot. Back 
in March of 2005, at the Red Lake High School, a troubled teenager 
named Jeff Weise went on a shooting rampage, killing nine people before 
turning the gun on himself. Most of the news reports highlighted the 
troubled teen's past, including a history of depression and suicide 
attempts and the daunting socioeconomic conditions in his reservation 
community. This calamity serves as a tragic reminder of the importance 
of increasing efforts to effectively address mental health issues in 
Indian Country and elsewhere. I know my colleague, Senator Dorgan, has 
been leading this effort, this bipartisan effort, to make sure we 
reauthorize this important act.
  We know the negative impact mental health issues have on our 
communities, but we also know access to modern mental health care 
resources can make a difference. That is why it is so critical to 
reauthorize the Indian Health Care and Improvement Act.
  Reauthorizing this bill will provide tribal communities with the 
tools needed to build comprehensive behavioral health prevention and 
treatment programs--programs that emphasize collaboration among alcohol 
and substance abuse, social services, and mental health programs, and 
programs that will help communities such as Red Lake prevent further 
tragedies.
  Reauthorizing this bill will also help tribal communities attract and 
retain qualified Indian health care professionals and address the 
backlog in needed health care facilities on Indian reservations. I have 
visited the facilities. I visited the reservations throughout my State, 
and I know they are in need of this help. The lack of availability of 
nearby health care facilities and specialized treatment is a major 
concern for tribal communities, especially those with large 
reservations.
  On the Minnesota White Earth Indian Reservation, which is the largest 
reservation in our State, spanning 200 miles and home to almost 10,000 
people, elective surgeries are not even an option--in an area that 
spans 200 miles--due to a lack of modernized health care resources and 
facilities. Currently, these White Earth tribal members are unable to 
undergo elective surgery on the reservation. These are people who need 
a hip replacement or a knee replacement or a simple cataract surgery, 
but they are unable to get the health care they deserve because there 
is a lack of doctors, adequate medical facilities, and basic insurance 
coverage.
  The Federal Government has a trust responsibility to provide health 
care for our tribal communities. I cosponsored the Indian Health Care 
Improvement Act because we made a commitment to our tribal communities. 
We must ensure our tribal communities have access to convenient, 
preventive, and modern health care. I urge my colleagues to join me and 
support reauthorizing this important bill.
  I yield the floor, and I note the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The bill clerk proceeded to call the roll.
  Mr. DORGAN. Madam President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. DORGAN. Madam President, I believe Senator Nelson of Florida is 
on his way. Before that, the legislation we brought to the floor from 
the Committee on Indian Affairs has been worked on for a long while. It 
is long past due to be considered by the Congress. It deals with the 
urgent need for Indian health care.
  I want to especially say we worked with the National Indian Health 
Board on this legislation and Sally Smith, chair of the board; with the 
Tribal Leaders Steering Committee on Indian Health, Buford Rollin, 
cochair, and Rachel Joseph, cochair. We worked closely with the 
National Congress of American Indians, Joe Garcia, president, and 
Jackie Johnson, executive director. We held listening sessions at many 
Indian reservations to talk about the challenges and what we need to do 
to resolve these issues.
  I wish to mention as well today we have from the White House a 
statement of administration policy in which the White House is talking 
about a potential veto of this legislation. That is not particularly 
unusual. The White House has been talking about vetoing almost anything 
and everything for the last several months. So I am not particularly 
surprised. My hope is we can work with the White House. This is a 
bipartisan piece of legislation. We expect to pass it through the 
Congress, and my hope is the President will sign it.
  I wish to address one of the issues the White House is concerned 
about--the Indian urban health care program. The President has 
requested we not have any funding for it, that we discontinue the urban 
Indian health care program. My colleague, Senator Murkowski, and I and 
many others have disagreed with that. We believe there is a need for 
the urban Indian health care program.
  I wish to describe that need by describing one person, a Native 
American, the late Lyle Frechette. This is a photograph taken after he 
finished high school. He was a member of the Menominee Tribe of Indians 
in Wisconsin. He was a proud veteran, who went into the Marine Corps 
right after high school, when this picture was taken. After serving his 
country as a U.S. marine, he came home to the Indian reservation to 
find life had significantly changed. That was at a time in this country 
when we were going through what is called ``termination and 
relocation.'' The policy in this country was to say to American Indians 
that we want to get you off the reservation and to a city someplace.
  In fact, the official policy of the Federal Government was to 
terminate government-to-government relationships with 109 Indian tribes 
during that period, the early 1950s. It was suggested, well, let's 
terminate relationships with tribes and say to these Indians: Go to the 
city and leave your reservation. So many did, and Lyle Frechette did. 
The movement from a tribal reservation, where there was some Indian 
health care, although inadequate, to the major cities meant that Lyle 
Frechette was leaving an area that had vast forests and timber 
resources that represented financial stability for the Menominee Tribe. 
Yet the Federal Government thought this was a great candidate for 
termination. So they took steps to terminate the tribal status.
  That termination had catastrophic effects on the lives of many of the 
tribal governments and the people who were members of the tribes. It 
required many of the young tribal members, such as Lyle Frechette, to 
either stay on the reservation and live in abject poverty, with no 
further health or any benefits that had long been promised to them, or 
participate in the Federal urban relocation program. Often, they were 
given a one-way bus ticket and told good luck; they ended up in cities 
with substantial limitations on what they could do.
  Lyle Frechette had a young wife and a child and they relocated to 
Milwaukee, WI, 3\1/2\ hours from the reservation. He no longer had 
access to health care on the Indian reservation. There were very few 
urban clinics and the relocated Indians only qualified for private 
sector insurance for 6 months, and that was over. Health care is 
essential. Many of these folks, including this

[[Page 490]]

young man, left the reservation because of the termination and 
relocation program and discovered they were not able to access health 
care programs.
  Then, over a period of years, urban health care programs were 
established to try to be helpful to those whom we had literally forced 
off the reservations. The fact is it has been a lifesaving experience 
for many urban Indians to be able to access that which was guaranteed 
them as part of the trust responsibility of the Federal Government to 
American Indians, even being able to access that in some of our urban 
areas. The President has wanted to shut down that program. We have said 
we don't support that, on a bipartisan basis. Congress has said the 
urban health care programs for American Indians has worked very well.
  I wished to describe that issue because the President indicated that 
is one of the issues in his letter and the statement of administrative 
policy today in which he suggests he may well veto this legislation. I 
hope he will not and that we will work on a bipartisan basis to 
convince the President doing this is the right thing to do.
  I know my colleague from Florida is here ready to speak. At this 
point, I yield the floor, and my colleague wishes to be recognized.
  The PRESIDING OFFICER. The Senator from Florida is recognized.
  Mr. NELSON of Florida. Madam President, I wish to say to the very 
distinguished Senator from North Dakota he has always been one of the 
foremost advocates for improving Indian health on the tribal lands, and 
I intend to support him. I thank him for his advocacy.
  In my State of Florida, we have a number of very prominent Indian 
tribes, the Seminoles, the Mikasukis, and others. The good fortune is 
they do not have the health problems other tribes have throughout other 
parts of the country. Yet there are some problems in Florida as well. 
This is a matter we cannot continue to close our eyes to. We need to 
help them. I intend to support the Senator from North Dakota on this 
bill. I look forward to its passage and, hopefully, working out the 
problems with the White House so they will not veto this legislation.
  Madam President, I wish to talk about this. We are now obviously in a 
recession: The gyration of the stock market, the weakness of the 
dollar, the roiling markets around the world, the emergency meeting of 
the Federal Reserve, the cutting of the rate three-quarters of a 
percent, from 4\1/4\ to 3\1/2\, the likelihood they will meet again 
next week and cut the interest rate further. We are in a full-scale 
recession.
  I have returned from my State of Florida and this recess having done 
town hall meetings all over the State, in which the town halls were 
packed, with standing room only. They were out into the hallways. They 
were hungry to be heard, and that is the way I conduct those town hall 
meetings. I go in and say: This is your meeting, and I want to hear 
what is on your mind, what your concerns are, and I want to know how 
you are hurting, so we can try to help you. We pick up huge numbers of 
cases for our caseworkers as a result of these outreach town hall 
meetings all over my State.
  Let me remind you my State is the fourth largest in the Union and by 
2012 it will surpass New York and will be the third largest in the 
Union. In that midst of 18 million people who are as diverse as 
America, indeed becoming as diverse as the Western Hemisphere, people 
are hurting. In addition to the global and national economies, our 
people are triply hurting by getting the double whammy of increased 
real estate taxes, as well as huge increases in homeowners insurance. 
We talked about this crisis many times on the floor--about an 
appropriate Federal role to assist the States with regard to insurance 
markets that have gone out of control, jacking the rates to the Moon, 
in the anticipation of another catastrophe following Katrina in New 
Orleans and the previous year, 2004, four hurricanes that hit Florida 
within a 6-week period.
  All those things have come together, so that I can tell you in these 
15 town hall meetings I did, from literally one end of Florida, Key 
West, to the other, Pensacola, people are hurting. You take a very 
upscale, increasingly hot economy, such as Fort Myers, Lee County, they 
are in the economic doldrums. They are hurting. Go to your rural areas. 
We always talk about rural health care. It is certainly true there. But 
the rural areas are depressed. The jobs have diminished. Unemployment 
has gone up. The people are concerned about their investments. The main 
investment the average Florida family has is their home. If they need 
cash and need to sell their home, now they cannot sell their home 
because there is a complete flat market; and if they need cash, trying 
to get an additional loan because of equity, the banks are not loaning. 
So you get the picture of what is happening in Florida. Indeed, Florida 
is the microcosm of America. This is happening all over America.
  Now, what we have already voted on in the Senate is a first step. But 
it is a small step. We have voted on, and I have supported, mortgage 
forgiveness debt relief so if a bank were to forgive part of the loan, 
we want to change the Tax Code so the homeowner doesn't have to pay 
income tax on that reduction in the amount of the loan the bank grants 
them, to try to keep them solvent so they can continue to pay off the 
loan.
  We are also supporting property tax relief, which is that 32 million 
homeowners, or 70 percent of taxpayers, do not itemize their real 
estate property taxes, and of that 70 percent, 32 million of those are 
homeowners. What we are suggesting is that we give them a standard 
deduction, so if you own real estate property and you don't itemize 
your deductions, there will be a standard deduction that will be 
available.
  And then in December the Senate passed, and this Senator voted for, 
the Federal Housing Administration Modernization Act. It was intended 
to help homeowners in the risky subprime mortgages to be able to 
refinance them through the FHA into more reliable mortgages. These are 
all attempts at getting at the problem. But that was December and this 
is now late January and the economy has slipped further and deeper into 
recession. So we need to come out in a bipartisan way with a fix that 
will help stimulate the economy and try to get us back on track: 
increasing unemployment compensation perhaps from the 26 weeks to as 
many as 46 weeks; the ability to go in and put money quickly in 
somebody's pocket, such as a reduction of the payroll taxes, that in 
those every 2-week paychecks, they will see an increase in that take-
home pay; perhaps for those who are hurting the most at the lower end 
of the economic scale, additional food stamps; infrastructure support 
that would get money into the economy, stimulating and turning over 
those dollars into the economy if it is invested in items that can be 
spent immediately in the much needed repair of roads and bridges.
  Whatever the ideas are, there is going to be an ideological divide. 
Let's hope it does not come down to this question of taxing the poor 
and giving the tax breaks to the more well off. That is not going to 
give the economic stimulus this country needs. And then approaching 
this question of all these defaulted loans or the ones that are about 
to be defaulted, over and above what we have already attempted to do in 
December, is something that we must address. What is the appropriate 
action, not to reward those who were gaming the system, but for those 
who are genuinely hurting because they either did not know or they were 
deceived into signing a mortgage that lulled them along with cheap 
interest rates and then all of a sudden has an escalation of that 
interest rate that they cannot pay.
  A combination of all these actions is what we ought to think about 
and come up with a stimulus package very soon in a bipartisan way. 
Let's in the Senate rise above the petty partisan politics that has so 
dominated this Chamber now for the last several years. Let's rise and 
come together and help our people with a quick passage of a stimulus 
package that will get America back on the economic track.

[[Page 491]]




                            Florida Primary

  I end by saying a word or two about a completely different subject. 
It has been painful for this Senator to see the Democratic candidates 
for President stay out of my State of Florida because they had to sign 
a pledge that was insisted upon by the four first privileged States--
Iowa, New Hampshire, Nevada, and South Carolina--even though it was a 
Republican State legislature, signed into law by a Republican Governor 
of Florida, moving the primary 1 week before super Tuesday, February 5, 
to the Florida primary date of January 29, those four privileged States 
insisted that the candidates sign a pledge or else suffer the 
consequences in those early four States.
  The pledge was that they would not campaign in Florida, they would 
not hire staff in Florida, they would not open an office, they would 
not make telephone calls, they would not make advertisements, they 
would not, can you believe, have press conferences.
  This Senator thinks that the first amendment protections have been 
shredded. Nevertheless, that is what the Democratic candidates did, and 
they have stayed out of Florida.
  The Republican National Committee, not taking away all the delegates 
as the Democratic National Committee did from Florida, took away half 
the Republican delegates from Florida but did not extract such a 
pledge. Thus, since the South Carolina primary was already held for the 
Republicans, and it is still to be held this Saturday for the 
Democrats, we see the Republicans en masse in Florida campaigning, much 
to the chagrin of Florida Democrats who do not see their candidates.
  What is going to happen is that next Tuesday, Florida is going to 
vote; Florida, 18 million people, the first big State to vote, the 
first State that is representative of the country as a whole in almost 
any demographic that we line up with the country, it is going to vote, 
and it is going to cast its ballots for President of both parties, and 
it is going to be reported how Florida votes. It is definitely going to 
have an effect 7 days going into super Tuesday when 22 States vote.
  Senator Levin of Michigan and I have filed a bill that will bring 
some order out of this chaos. There should not be a person in America 
who thinks this is the way to nominate a President of the United States 
for their party. If we continue to allow this kind of chaos going on, 
the States will continue to leapfrog each other, and the first primary 
will be at Halloween.
  This is not a good way of selecting nominees. Senator Levin and I 
have suggested a more orderly system that I will describe in detail at 
a later time but that would have six primaries: the first in March, two 
in April, two in May, and the last one in June, through which the 
States, large and small, geographically distributed, would each, 
according to the sequence of which they would draw out of a hat one to 
six, proceed on that order. Four years later, they would rotate. The 
ones second would go first, and the ones first would go to the last 
primary in June, 4 years down the road in the next Presidential cycle.
  We have to bring order out of this chaos. In the meantime, I am here 
as Florida's senior Senator to say and to let all those Presidential 
candidates know that Florida takes its vote very seriously. Florida 
will express herself in both parties. Florida will have the influence 
of the first big State, and by the time we get to the conventions in 
August and September, the entire Florida delegation will be seated and 
voted.
  So I ask the Presidential candidates to consider the frustration and 
the consternation on the Democratic side as we approach our Florida 
Presidential primary on January 29.
  Madam President, I yield the floor.
  The PRESIDING OFFICER. The Senator from Kansas.


                           Amendment No. 3893

  Mr. BROWNBACK. Madam President, I ask unanimous consent that the 
pending business be set aside and that my amendment, No. 3893, be 
called up.
  The PRESIDING OFFICER. Without objection, it is so ordered. The clerk 
will report the amendment.
  The legislative clerk read as follows:

       The Senator from Kansas [Mr. Brownback] proposes an 
     amendment numbered 3893.

  Mr. BROWNBACK. Madam President, I ask unanimous consent that the 
reading of the amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

 (Purpose: To acknowledge a long history of official depredations and 
   ill-conceived policies by the Federal Government regarding Indian 
  tribes and offer an apology to all Native Peoples on behalf of the 
                             United States)

       At the end, add the following:

                        TITLE III--MISCELLANEOUS

     SEC. 301. RESOLUTION OF APOLOGY TO NATIVE PEOPLES OF UNITED 
                   STATES.

       (a) Findings.--Congress finds that--
       (1) the ancestors of today's Native Peoples inhabited the 
     land of the present-day United States since time immemorial 
     and for thousands of years before the arrival of people of 
     European descent;
       (2) for millennia, Native Peoples have honored, protected, 
     and stewarded this land we cherish;
       (3) Native Peoples are spiritual people with a deep and 
     abiding belief in the Creator, and for millennia Native 
     Peoples have maintained a powerful spiritual connection to 
     this land, as evidenced by their customs and legends;
       (4) the arrival of Europeans in North America opened a new 
     chapter in the history of Native Peoples;
       (5) while establishment of permanent European settlements 
     in North America did stir conflict with nearby Indian tribes, 
     peaceful and mutually beneficial interactions also took 
     place;
       (6) the foundational English settlements in Jamestown, 
     Virginia, and Plymouth, Massachusetts, owed their survival in 
     large measure to the compassion and aid of Native Peoples in 
     the vicinities of the settlements;
       (7) in the infancy of the United States, the founders of 
     the Republic expressed their desire for a just relationship 
     with the Indian tribes, as evidenced by the Northwest 
     Ordinance enacted by Congress in 1787, which begins with the 
     phrase, ``The utmost good faith shall always be observed 
     toward the Indians'';
       (8) Indian tribes provided great assistance to the 
     fledgling Republic as it strengthened and grew, including 
     invaluable help to Meriwether Lewis and William Clark on 
     their epic journey from St. Louis, Missouri, to the Pacific 
     Coast;
       (9) Native Peoples and non-Native settlers engaged in 
     numerous armed conflicts;
       (10) the Federal Government violated many of the treaties 
     ratified by Congress and other diplomatic agreements with 
     Indian tribes;
       (11) the United States should address the broken treaties 
     and many of the more ill-conceived Federal policies that 
     followed, such as extermination, termination, forced removal 
     and relocation, the outlawing of traditional religions, and 
     the destruction of sacred places;
       (12) the United States forced Indian tribes and their 
     citizens to move away from their traditional homelands and 
     onto federally established and controlled reservations, in 
     accordance with such Acts as the Act of May 28, 1830 (4 Stat. 
     411, chapter 148) (commonly known as the ``Indian Removal 
     Act'');
       (13) many Native Peoples suffered and perished--
       (A) during the execution of the official Federal Government 
     policy of forced removal, including the infamous Trail of 
     Tears and Long Walk;
       (B) during bloody armed confrontations and massacres, such 
     as the Sand Creek Massacre in 1864 and the Wounded Knee 
     Massacre in 1890; and
       (C) on numerous Indian reservations;
       (14) the Federal Government condemned the traditions, 
     beliefs, and customs of Native Peoples and endeavored to 
     assimilate them by such policies as the redistribution of 
     land under the Act of February 8, 1887 (25 U.S.C. 331; 24 
     Stat. 388, chapter 119) (commonly known as the ``General 
     Allotment Act''), and the forcible removal of Native children 
     from their families to faraway boarding schools where their 
     Native practices and languages were degraded and forbidden;
       (15) officials of the Federal Government and private United 
     States citizens harmed Native Peoples by the unlawful 
     acquisition of recognized tribal land and the theft of tribal 
     resources and assets from recognized tribal land;
       (16) the policies of the Federal Government toward Indian 
     tribes and the breaking of covenants with Indian tribes have 
     contributed to the severe social ills and economic troubles 
     in many Native communities today;
       (17) despite the wrongs committed against Native Peoples by 
     the United States, Native Peoples have remained committed to 
     the protection of this great land, as evidenced by the fact 
     that, on a per capita basis, more Native Peoples have served 
     in the United States Armed Forces and placed themselves in 
     harm's way in defense of the United States in every major 
     military conflict than any other ethnic group;

[[Page 492]]

       (18) Indian tribes have actively influenced the public life 
     of the United States by continued cooperation with Congress 
     and the Department of the Interior, through the involvement 
     of Native individuals in official Federal Government 
     positions, and by leadership of their own sovereign Indian 
     tribes;
       (19) Indian tribes are resilient and determined to 
     preserve, develop, and transmit to future generations their 
     unique cultural identities;
       (20) the National Museum of the American Indian was 
     established within the Smithsonian Institution as a living 
     memorial to Native Peoples and their traditions; and
       (21) Native Peoples are endowed by their Creator with 
     certain unalienable rights, and among those are life, 
     liberty, and the pursuit of happiness.
       (b) Acknowledgment and Apology.--The United States, acting 
     through Congress--
       (1) recognizes the special legal and political relationship 
     Indian tribes have with the United States and the solemn 
     covenant with the land we share;
       (2) commends and honors Native Peoples for the thousands of 
     years that they have stewarded and protected this land;
       (3) recognizes that there have been years of official 
     depredations, ill-conceived policies, and the breaking of 
     covenants by the Federal Government regarding Indian tribes;
       (4) apologizes on behalf of the people of the United States 
     to all Native Peoples for the many instances of violence, 
     maltreatment, and neglect inflicted on Native Peoples by 
     citizens of the United States;
       (5) expresses its regret for the ramifications of former 
     wrongs and its commitment to build on the positive 
     relationships of the past and present to move toward a 
     brighter future where all the people of this land live 
     reconciled as brothers and sisters, and harmoniously steward 
     and protect this land together;
       (6) urges the President to acknowledge the wrongs of the 
     United States against Indian tribes in the history of the 
     United States in order to bring healing to this land by 
     providing a proper foundation for reconciliation between the 
     United States and Indian tribes; and
       (7) commends the State governments that have begun 
     reconciliation efforts with recognized Indian tribes located 
     in their boundaries and encourages all State governments 
     similarly to work toward reconciling relationships with 
     Indian tribes within their boundaries.
       (c) Disclaimer.--Nothing in this section--
       (1) authorizes or supports any claim against the United 
     States; or
       (2) serves as a settlement of any claim against the United 
     States.

  Mr. BROWNBACK. Madam President, I thank my colleague from North 
Dakota, the chairman of the Indian Affairs Committee, who has been a 
sponsor of this bill that I put in amendment form and am calling up now 
as an amendment, as an official apology to Native Americans in the 
United States for past issues. It is an amendment with a lot of history 
to it.
  The bill has been brought up this Congress, the last Congress, and it 
has passed the Indian Affairs Committee both Congresses. It is an 
amendment with an issue of a lot of history to it. The chairman and 
myself are from Plains States where there is a lot of Native American 
history, as there is throughout the United States. It is a history that 
is both beautiful, difficult, and sad at the same time.
  I have four tribal lands in my State, four areas where there are 
tribal lands, some that are tribal but don't have a resident tribe in 
the State. This has been an issue that has been around for some time--
the relationship between the Federal Government and the tribes.
  What we have crafted in this amendment, a previous bill that is now 
in amendment form, is an official apology. It does not deal with 
property issues whatsoever, but it recognizes some of the past 
difficulty in the relationship.
  It says that for those times the Federal Government was wrong, we 
acknowledge that and apologize for it. Apologies are difficult and 
tough to do, but I think this one is meritorious and, as I present my 
case, I hope my colleagues will agree and support this amendment.
  I rise today to speak about this issue that I believe is important to 
the well-being of all who reside in the United States. It is an issue 
that has lain unresolved for far too long, an issue of the United 
States Government's relationship with the Native peoples of this land.
  Native Americans have a vast and proud legacy on this continent. Long 
before 1776 and the establishment of the United States of America, 
Native peoples inhabited this land and maintained a powerful physical 
and spiritual connection to it. In service to the Creator, Native 
peoples sowed the land, journeyed it, and protected it. The people from 
my State of Kansas have a similar strong attachment to the land.
  Like many in my State, I was raised on the land. I grew up farming 
and caring for the land. I and many in my State established a 
connection to this land as well. We care for our Nation and the land of 
our forefathers so greatly that we too are willing to serve and protect 
it, as faithful stewards of the creation with which God has blessed us. 
I believe without a doubt citizens across this great Nation share this 
sentiment and know its unifying power. Americans have stood side by 
side for centuries to defend this land we love.
  Both the Founding Fathers of the United States and the indigenous 
tribes that lived here were attached to this land. Both sought to 
steward and protect it. There were several instances of collegiality 
and cooperation between our forbears--for example, in Jamestown, VA, 
Plymouth, MA, and in aid to explorers Lewis and Clark. Yet, sadly, 
since the formation of the American Republic, numerous conflicts have 
ensued between our Government, the Federal Government, and many of 
these tribes, conflicts in which warriors on all sides fought 
courageously and which all sides suffered. Even from the earliest days 
of our Republic there existed a sentiment that honorable dealings and a 
peaceful coexistence were clearly preferable to bloodshed. Indeed, our 
predecessors in Congress in 1787 stated in the Northwest Ordinance:

       The utmost good faith shall always be observed toward the 
     Indians.

  Many treaties were made between the U.S. Government and Native 
peoples, but treaties are far more than just words on a page. Treaties 
represent our word, and they represent our bond. Treaties with other 
governments are not to be regarded lightly. Unfortunately, again, too 
often the United States did not uphold its responsibilities as stated 
in its covenants with Native tribes.
  I have read all of the treaties in my State between the tribes and 
the Federal Government that apply to Kansas. They generally came in 
tranches of three. First, there would be a big land grant to the tribe. 
Then there would be a much smaller one associated with some equipment 
and livestock, and then a much smaller one after that.
  Too often, our Government broke its solemn oath to Native Americans. 
For too long, relations between the United States and Native people of 
this land have been in disrepair. For too much of our history, Federal 
tribal relations have been marked by broken treaties, mistreatment, and 
dishonorable dealings. I believe it is time to work to restore these 
relationships to good health. While the record of the past cannot be 
erased, I am confident the United States can acknowledge its past 
failures, express sincere regrets, and work toward establishing a 
brighter future for all Americans. It is in this spirit of hope for our 
land that I am offering Senate Joint Resolution 4, the Native American 
Apology Resolution, as an amendment to the bill currently before us. 
This resolution will extend a formal apology from the United States to 
tribal governments and Native peoples nationwide--something we have 
never done; something we should have done years and years ago.
  I want my fellow Senators to note this resolution does not--does 
not--dismiss the valiance of our American soldiers who fought bravely 
for their families in wars between the United States and a number of 
the Indian tribes, nor does this resolution cast all the blame for the 
various battles on one side or another.
  Further, this resolution will not resolve the many challenges still 
facing Native Americans, nor will it authorize, support or settle any 
claims against the United States. It doesn't have anything to do with 
any property claims against the United States. That is specifically set 
aside and not in this bill. What this resolution does do is recognize 
and honor the importance of Native Americans to this land and to the 
United States in the past and today

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and offers an official apology for the poor and painful choices the 
U.S. Government sometimes made to disregard its solemn word to Native 
peoples. It recognizes the negative impact of numerous destructive 
Federal acts and policies on Native Americans and their culture, and it 
begins--begins--the effort of reconciliation.
  President Ronald Reagan spoke of the importance of reconciliation 
many times throughout his Presidency. In a 1984 speech to mark the 40th 
anniversary of the day when the Allied armies joined in battle to free 
the European Continent from the grip of the Axis powers, Reagan 
implored the United States and Europe to ``prepare to reach out in the 
spirit of reconciliation.''
  Martin Luther King, whom we recognized and celebrated yesterday, who 
was a true reconciler, once said:

       The end is reconciliation, the end is redemption, the end 
     is the creation of the beloved community.

  This resolution is not the end, but perhaps it signals the beginning 
of the end of division and a faint first light and first fruits of the 
creation of beloved community. This is a resolution of apology and a 
resolution of reconciliation. It is a step toward healing the wounds 
that have divided our country for so long--a potential foundation for a 
new era of positive relations between tribal governments and the 
Federal Government.
  It is time--as I have stated, it is way past time--for us to heal our 
land of division, all divisions, and bring us together. There is 
perhaps no better place than in the midst of the Senate's consideration 
of the Indian Health Care Improvement Act reauthorization to do this. 
With this in mind, I hope my Senate colleagues will support this 
amendment. I would ask their consideration on it. I would ask for their 
positive vote for it.
  I hope a number of my colleagues in the Senate will join me as a 
cosponsor of the amendment itself so we can show a united front and 
that it is time for us to heal. I ask they give us that consideration. 
I simply ask my colleagues to look for this, and I hope they can vote 
for it as well.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from North Dakota.
  Mr. DORGAN. Madam President, I thank the Senator from Kansas. I am a 
cosponsor in support of the amendment he has offered.
  If one studies the history in this country with respect to Indian 
tribes, it is a tragedy. It is very hard for someone to study it, 
understand it, and not wish our country to apologize for it. We entered 
into treaties with the tribes; agreements, signed treaties, with the 
tribes. We took tribal homelands and pushed them onto reservations and 
made agreements, including trust agreements, to provide for their 
health care and many other things.
  Then we decided we wanted to push them off reservations and move them 
into urban areas. Then we decided we would discontinue a government-to-
government relationship with 109 tribes. We terminated the tribal 
status of 109 tribes, and we told these folks to leave the reservations 
and here is a one-way ticket. We want you to go to the cities to be 
assimilated into the cities. So we sent them off to the cities, far 
away from families and health care facilities. Then we sent them off to 
boarding schools and terminated their governmental status. We took 
lands off protected trust status and then turned, once again, and began 
to revitalize tribal language and culture and governments.
  When you understand what this country has done, in terms of 
abrogating agreements and treaties it has made, one can understand the 
words of Chief Joseph. Here is what Chief Joseph said:

       Good words do not last long unless they amount to 
     something. Good words do not pay for my dead people. Good 
     words cannot give me back my children. Good words will not 
     give my people good health and stop them from dying. I am 
     tired of talk that comes to nothing. It makes my heart sick 
     when I remember all of the good words and then all of the 
     broken promises.

  Chief Joseph was an honorable Indian leader. He negotiated face-to-
face with the leaders of our country. And while he lived, he saw 
promise after promise after promise broken. U.S. Supreme Court Justice 
Hugo Black wrote:

  Great nations, like great men, should keep their word.

  That is all Chief Joseph and so many other Indian leaders asked, and 
it was never granted. We are trying now, in some small and some 
significant ways, to remedy and address these issues. The Indian Health 
Care Improvement Act is one step in the right direction to say this 
country will start to keep its promise, its promise, as a trust 
responsibility, to provide health care for American Indians.
  I say to my colleague from Kansas, I used a chart earlier today to 
say the American people, the American Government, is responsible, 
because of treaty obligations and a trust obligation, a trust 
obligation we have for American Indians, to provide health care to two 
groups of people. One group is incarcerated Federal prisoners. That is 
our charge. We put them in prison for crimes, we are required to 
provide for their health care in Federal prisons. We also have a 
responsibility for health care for American Indians because of the 
trust responsibility and treaties by which we made that promise.
  Compare the two. We spend twice as much money providing health care 
for incarcerated prisoners in Federal prisons as we do providing health 
care to American Indians. And that is why today it is likely somewhere 
on an Indian reservation someone is dying who shouldn't have to die. 
Some young child is suffering who shouldn't have to suffer because the 
health care we expect for our families is not available to them.
  If I might, for another minute, say once again that I showed a 
picture this morning of a young girl named Ta'Shon Rain Littlelight. 
She died at the age of 5. Ta'Shon Rain Littlelight didn't get the 
health care most of us would expect for our children. She was a 
beautiful young child on the Crow reservation, and she spent the last 3 
months of her life in unmedicated pain. Finally, she was diagnosed with 
a terminal illness. And when she was, and I talked about this earlier, 
she asked to go to see Cinderella's castle, and so the Make-A-Wish 
Foundation sent her and her mother to Orlando. In the hotel, on the 
night before she was to see Cinderella's castle, she died in her 
mother's arms. As she lay in her mother's arms, she said: Mommy, I will 
try not to be sick. Mommy, I will try to get better.
  This young girl, time after time after time, had been taken to the 
clinic and was diagnosed and treated for depression at the age of 5 
when, in fact, she had terminal cancer and she is now dead. A beautiful 
young girl--Ta'Shon Rain Littlelight. This is happening across our 
country, and we have to stop it. It is our responsibility to stop it.
  My colleague from Kansas offers a resolution that talks about past 
abuses, and they are unbelievable. But some of them continue, and that 
is the purpose of this bill and the reason I appreciate his support for 
the underlying bill. But I did wish to say I am a cosponsor of the 
amendment offered by Senator Brownback. It is the right thing for our 
country to do. I am proud to cosponsor what he is suggesting to the 
Senate today. He is offering it now as an amendment. I have previously 
cosponsored it as a bill when he has introduced it in the Senate.
  So my thanks to the Senator from Kansas. And after he speaks, Madam 
President, I know the Senator from Ohio wishes to be recognized. But I 
suspect the Senator from Kansas wishes to say a word, at which point I 
am happy the Senator from Ohio is here and wishes to speak on this 
bill.
  The PRESIDING OFFICER. The Senator from Kansas.
  Mr. BROWNBACK. Madam President, I wished to thank my colleague from 
North Dakota, and I would ask the amendment be referred to as the 
Brownback-Dorgan amendment, if that would be acceptable to my 
colleague. We will put it forward that way because he has been lead 
sponsor of this for the past several Congresses, and I appreciate his 
hard work.
  I appreciate his heart and his practicality on the current situation. 
We do have to get better health care on the reservations and for the 
Native tribes.

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I appreciate the effort to get that done, and I think that is an 
important effort for us and a very practical and necessary thing, so 
the examples he talks about, and unfortunately so many others, don't 
continue to happen across this country.
  The amendment put forward by my colleague from Louisiana, Senator 
Vitter, is also important, his view about codifying a situation 
regarding abortions with Native Americans. I would hope that would be 
something we could see passed as something that is a hopeful sign in 
pushing to the future, rather than a sign of despair and the killing of 
children, which I think is completely wrong for us to see taking place 
and for us to be funding it as well.
  I am delighted this bill is coming up. I think this is an important 
issue for us to debate, and I am glad to support it.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Ohio.
  Mr. BROWN. Madam President, Wall Street and international markets are 
clearly concerned or worse over a possible U.S. recession. Congress is 
formulating, as we know--the President, both parties' leadership, the 
Members of the House and Senate--an economic stimulus package, which is 
the right thing to do, but there are several pieces to this puzzle. The 
economy is faltering, to be sure, and we have those concerns about our 
economy as a whole. Equally important, I would argue more importantly, 
more Americans are losing access to basic necessities because of it.
  A stimulus package should do two things. First of all, a stimulus 
package needs to stimulate the economy so we can pull ourselves more 
quickly and more vigorously, if you will, out of this recession. A 
stimulus package also, equally or more importantly, needs to help those 
people who have been most victimized by the recession.
  I rise to urge this body to take responsibility for helping those who 
are without food, without adequate heat, and without adequate housing; 
those for whom the economic crisis is not just a source of anxiety, in 
some sense it is a thief in the night who has robbed Americans of basic 
human needs.
  In December, I spoke about the crisis food banks across our Nation 
face. It was the lead-up to Christmas, a time when the spirit of giving 
is at its peak. The holidays are now over and we are deep into January. 
Not surprisingly, food bank donations have fallen off precipitously. 
Yet the need for food grows as the economic crisis deepens.
  Across this country more Americans are in need of food assistance and 
less food is available. The result is hunger. In the wealthiest Nation 
in the world, people are waiting in line for a subsistence level of 
food, food that runs out too often before the lines run out. People who 
live in the communities we serve are facing increasing food insecurity. 
In too many cases, people don't know from where their next meal will 
come.
  Increasingly, these are families with children. Food banks in Ohio 
and Virginia and Arizona and California and in the Presiding Officer's 
home State of Missouri, in Colorado and every State in the Union are 
underfunded, overextended. The unemployed, the sick, the aged, the 
homeless, the mentally ill--these are the individuals who typically 
seek food banks and food pantries for assistance. And now more working 
families are also being forced to seek food assistance as factories 
close and as gas prices and transportation prices--the cost of 
transportation goes up for people driving to work, wages stagnate, food 
prices go up, and daily necessities become more expensive.
  Five years ago, the Food Bank of Southeast Virginia reported serving 
95,000 people--95,000 people in 2002. In 2007, that food bank served 
203,000. Forty-two percent of their recipients are categorized as 
working poor, a population that is on the rise.
  In Warren County, OH, a generally affluent county northeast of 
Cincinnati--the county seat is Lebanon, which I visited last week--in 
that county, 90 percent of people who go to food pantries have jobs, 90 
percent of them are working. They are working often in part-time jobs, 
often in full-time jobs without benefits, always in jobs that cannot 
pay their bills.
  For many years, one of my constituents, Tim, and his wife donated 
time and money to Cleveland-area food banks and soup kitchens. But over 
time, cash for Tim and his wife became tight. They stopped giving money 
to the food bank; they continued to donate their time to the food bank. 
This year, after months of rationing food in their own household, Tim 
and his wife were forced to use the food bank themselves. It took great 
humility, Tim recalls. Tim says he used to be middle class, but he does 
not see himself as middle class anymore. He says his wages have not 
kept pace with subsistence expenses. What he gets from the food bank is 
not enough either. The groceries he receives last his household about 1 
week. Food distributions are limited to once a month.
  In Ohio, 70 percent of food pantries do not have enough food to serve 
everyone in need. This problem is not unique to Ohio. It is affecting 
cities across the country, with Denver and Orlando and Phoenix 
particularly hard-hit. American's Second Harvest, the nationwide food 
bank network, projected a food shortage of 15 million pounds--11.7 
million meals--by the end of 2007.
  Congress must act swiftly to alleviate the current food shortage. 
That is why I introduced last month legislation that would allocate $40 
million in emergency assistance--$40 million is all. Just to put it in 
perspective, we are spending $3 billion a week on the war in Iraq. We 
are asking for $40 million in short-term emergency funding for the 
Emergency Food Assistance Program, so-called TEFAP.
  With legislators still negotiating the details of the farm bill, 
critical TEFAP funding, which provides food at no cost to low-income 
Americans in need of short-term hunger relief, has dried up at the 
worst possible time. This bill will provide the funding necessary to 
keep food banks funding intact until the farm bill is signed into law.
  On a cold December morning about a month ago in southeast Ohio, in 
the town of Logan, at 3:30 in the morning--3:30 in the morning--people 
began to line up at a food bank at the Smith Chapel United Methodist 
Church pantry. By 8 o'clock, about 4\1/2\ hours later, when volunteers 
began distributing food, the line of cars stretched for more than a 
mile and a half. By early afternoon of this cold December day, more 
than 2,000 residents had received food. That is 7 percent of the local 
population in a county where people drove 20 or 30 minutes to get 
there. Seven percent of the local population in 1 day, in one church, 
came to this food pantry for food. Just 8 years ago, that pantry served 
17 families a month--17 families a month. One December day, 2,000 
families, that is a crisis.
  In the Los Angeles Times yesterday, a grateful recipient of scant 
food donations said: I eat anything they give me.
  In the Virginia Pilot in southeast Virginia yesterday, a recipient 
admitted: What I get here lasts all month. I kind of stretch it.
  Of the shortages at the food banks, Tim from Cleveland asked: How 
hard is it to give a can of tuna?
  In a nation as wealthy as ours, no one who works hard for a 
lifetime--as most of these people who have gone to food banks do and 
have worked a lifetime to provide for their families, to get along, try 
to join the middle class--no one who works hard for a lifetime should 
ever have to make statements like those statements.
  This is a national crisis. In a faltering economy, more people 
descend into crisis. It is inevitable. The need for economic stimulus 
goes hand in hand with the need for a caring community. Again, the 
economic stimulus package needs to stimulate the economy. It also 
needs, equally, maybe more importantly, to help those who have been 
victimized by this recession.
  Our Nation has always been a caring community. More children are 
hungry today. More elderly Americans cannot pay their heating bills. 
More middle-class families now consider themselves among the working 
poor. Americans do not turn their backs on fellow Americans in need. As 
individuals, Americans do not; as a government, we should not.

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  The economic stimulus package should revive the economy and reaffirm 
our bonds with each other. This economic stimulus package is an 
opportunity to demonstrate our economic and moral strength. Let us take 
that opportunity. Let us act immediately to prevent more Americans from 
going to bed hungry.
  The stimulus package needs to include food banks, food pantries, 
extension of unemployment compensation, and help for those elderly 
Americans who simply cannot pay their heating bills.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Massachusetts.
  Mr. KENNEDY. Madam President, I wish to commend my friend and 
colleague from Ohio for addressing this issue on the challenges we are 
facing in terms of our economic situation here in the United States. 
The world is aware of this, as is anyone who watches the early morning 
programs. But most of all, we have been seeing this develop over a 
period of time, as the Senator has pointed out, and it is really 
shocking to me that it has really taken this long for the 
administration to come up and develop its own program.
  I join with him in urging early action. We cannot delay. We cannot 
wait. The time is now on this issue. And I just thank him for telling 
us how it was out in the State of Ohio because the conditions he has 
described out in his State are very similar to the conditions in my 
State of Massachusetts. We will hear from many of our colleagues that 
they are feeling this as well. So we look forward to working with him 
and others here in the Senate and helping to fashion this program that 
is absolutely essential for the well-being of working families in this 
country.
  I am always reminded, as the Senator is, that the American people who 
are so adversely affected did not do anything wrong. They have been 
working hard, playing by the rules, and trying to provide for their 
families. The responsibility to do something about it is right here 
with the administration and with the Congress. So many Americans' lives 
have been turned upside down, in many respects shattered. It adds a 
very special responsibility for all of us. So I thank him for his very 
useful and important contribution.
  In recent weeks, the headlines have been filled with bad economic 
news. Two weeks ago, it was an alarming increase in the unemployment 
rate. Last week, it was rising prices for basic essentials such as food 
and gasoline. Week after week, there is more bad housing news. 
Foreclosures are skyrocketing. Bankruptcies are rising. Yesterday, the 
Washington Post discussed challenges facing the more than 1.3 million 
Americans who have been actively looking for a job for more than 6 
months--for more than 6 months without success. It is a tragic tale. 
College-educated professionals and people who have worked for decades 
are now forced to drain their retirement accounts and rely on charity 
to make ends meet. It seems that every day there is new information 
showing that the economy is headed in the wrong direction, that no one 
will be spared.
  These are not statistical trends or indicators. Every bad number 
reflects a real hardship in real people's lives. When food prices 
increase by 5 percent, that means average families will pay over $400 
more next year to put meals on the table. When the unemployment rate 
rises 1.5 percent, it pushes a typical family's wages down $2,400. Each 
higher cost or lower paycheck adds up to big problems for working 
Americans. Parents are giving up time with their families to work 
longer hours or take a second job. Employees are struggling with credit 
card debt and skyrocketing interest rates. Young couples are losing 
their first homes because they cannot pay the mortgage, and parents are 
pulling their children out of college because they cannot pay the 
bills. For these families, a recession is not just part of the business 
cycle; it is a life-changing event from which they may never fully 
recover.
  I have heard from many in Massachusetts who are struggling in these 
tough times. There is Teresa in Everett. She is a single mom with three 
children aged 10, 6, and 3. She is proud that she has worked her way 
out of welfare, but her life as a working mother is increasingly hard. 
Her bills are out of control, and each day she is faced with impossible 
decisions: Do I feed myself or feed my children? Can I turn on the heat 
or just put on an extra layer of clothing and try to get by? In 
Teresa's household, a $4 gallon of milk has become a luxury she cannot 
afford.
  Teresa's family is not alone. A looming crisis is now facing tens of 
millions of American families. Economists across the spectrum, from 
former Treasury Secretary Larry Summers to Federal Reserve Chairman Ben 
Bernanke, and even President Bush himself, all agree that we are facing 
tough times to come and the Government must act.
  But even more importantly than advice from these noted scholars is 
the clear message of the American people. They are struggling. They 
need our help now. They elected us to make their lives and their 
children's lives better, and now is the time.
  We need a simple, effective plan to stimulate the economy and also 
put back in workers' pockets resources and money to give them the 
support they need to weather the storm. This plan should be built on 
one fundamental principle: People do not work for the economy; the 
economy should work for the people. If we want an economic recovery 
that works, if we want real opportunities and sustainable growth, that 
effort must start and end with working families.
  Putting people first means targeting our stimulus efforts to meet 
three essential goals.
  First, we must act quickly to provide immediate help for those in 
crisis. The declining economy may be a current issue in the newspapers, 
but working families have been suffering for some time; 7.7 million 
Americans are already unemployed. There have been almost 2 million 
foreclosure filings in the last year alone, including 225,000 last 
month. The number of families facing bankruptcy has risen by 40 percent 
in the past year. For these Americans, the recession is already here, 
and they need help now to get back on their feet.
  Second, we must do the most for those who need help the most. 
Targeting families at the very bottom of the economic ladder is 
essential because it also provides the biggest economic boost. Every 
dollar a low-income household receives is spent on basic needs, putting 
money back into the local economy right away. In regions with many 
struggling families, such spending is critical to help keep entire 
communities afloat.
  Finally, we must find solutions that will make a real difference in 
people's lives. It is not enough just to tinker at the margins. Our 
economic problems are getting worse every day, and we need a strong 
medicine to make things right.
  There are a number of short-term steps we can take to achieve these 
goals and restore hope and opportunity to families across the country. 
They are simple. They build on existing programs. They are effective. 
We should pass them, and we should pass them now.
  For workers who are struggling to find a job, we must support them in 
the difficult process of finding work. It becomes harder and harder to 
find a good job in today's economy. The Nation is enduring profound 
changes as we adapt to the global economy. Entire industries are 
disappearing, leaving workers and communities devastated in their wake. 
Madam President, 1.3 million workers have been getting up early every 
morning, day in and day out, looking for a job for more than 6 months. 
That number will only rise as the recession deepens. Just last week, 
Goldman Sachs economists predicted that the unemployment rate would 
reach 6.5 percent by the beginning of 2009 compared to 5 percent today.
  This is a dual challenge. We now have projections about what we are 
going to have in terms of unemployment. No matter what we do in terms 
of stimulating the economy--we have to stimulate the economy--we also 
have to be mindful that we are going to have significant unemployment 
even in the outyear of 2009 as Goldman Sachs has

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predicted. We have both challenges, the economy and the fact that 
people are going to be unemployed.
  To help these unemployed men and women weather the storm we need to 
extend unemployment benefits and expand access to benefits. As workers, 
they have paid into the system and they deserve help when they need it. 
We should also provide transitional health care assistance. People who 
receive unemployment compensation have paid into the fund. The problem 
now is many of them, even though they paid into the fund, are unable to 
benefit from it. That is wrong. We should address that. We have 
legislation to do so. It passed the House of Representatives, and we 
should pass it as part of a stimulus program at the present time.
  Most importantly, we should do more to help unemployed workers find 
good jobs they are seeking. We have open jobs, 93,000 in Massachusetts 
alone. We certainly have jobs that are available, and we have more than 
178,000 unemployed workers. So we have the jobs that are available, and 
we have the unemployed workers. What is missing? Training programs. How 
many applicants do we have for every training program? We have 21 
applicants for every training program. We have good jobs with good 
benefits, and we have the people who want them. The only ingredient 
missing is training, and these workers want the training. They will 
sacrifice for training. But they haven't got it because we have cut 
back on training programs in recent years. We ought to be able to 
address those issues, and we ought to do it now.
  It is not just those who have lost their jobs and are facing a 
crisis. Millions more families are living on the brink of disaster 
because they are struggling to pay bills. Since President Bush took 
office, the cost of health insurance has risen 38 percent. Housing 
prices are up 39 percent. A tank of gas is up 78 percent; tuition, 43 
percent; and wages are stagnant, up 6 percent. This is the pressure 
families are feeling today, a sense of insecurity.
  Security is an issue that is of major importance and consequence to 
families. They are concerned about security overseas. They are 
concerned about homeland security. But they are also concerned about 
job security and health security and education security. They are also 
concerned about energy security. They are concerned about their long-
term security, what is going to happen to pensions, as they see the 
safety net for pensions increasingly fragmented. They are concerned 
about unemployment insurance security as they have seen that safety net 
fragment. They are deeply concerned. They are all worried deeply about 
it.
  It is interesting. I don't know how many times during the course of 
the debate on the stimulus that we will take a moment and think of what 
is the cost of the anxiety that these families have, when they are 
worried primarily about their children or grandparents. That doesn't 
appear on the bottom line of any sheet we will have on the floor of the 
Senate, but it is out there and being felt now, and it is very real. We 
ought to understand that--real anxiety, real frustration, real 
suffering, real worry every day, every night, primarily by parents as 
they are concerned about their children. They worry about their loved 
ones and their families, immediate family, and less about themselves. 
They worry about others. We have the ability to deal with that, and we 
must.
  We need a boost in basic support programs to help working families 
cope with the relentless pressure of everyday life during this time. 
This means expanding home heating assistance. A typical household may 
have to spend as much as $3,000 on heating oil this winter, probably 
closer to $4,000 in Massachusetts. Fuel assistance will cover less than 
a third of these costs. Of the 35 million households eligible for fuel 
assistance nationwide, only 5 million receive such benefits. Six of 
seven families in need receive no help at all because the States run 
out of funds.
  Last week, the White House released $450 million in emergency 
assistance to States across the Nation, including $27 million for 
Massachusetts. The reality is, when oil prices are surging past $3.30 
per gallon, and households will need at least 800 gallons of heating 
oil this winter, it is just not enough.
  Bob Coard of Action for Boston Community Development, one of the 
largest community action agencies in the Northeast, says the emergency 
funds will barely cover enough to make a 100-gallon delivery to ABCD 
clients, and the 100-gallon delivery will cost about $300 and will 
provide a family with heat for about 2 to 3 weeks. Talk about something 
that will have a direct impact. A week ago Massachusetts was notified 
that it was going to receive approximately $30 million, and they were, 
within a 2-week period, able to get the oil tankers up to find those 
who are eligible for that program to deliver 100 gallons of fuel oil to 
needy families. That will only last 2 weeks. It is out there. We know 
what the need is. We know what these individuals suffer. So we can do 
things that can have an immediate impact. Certainly this is something 
to which we should be attentive.
  The people who are receiving this fuel assistance are in danger of 
this perfect storm that we refer to in New England where they have 
extraordinary increases in prices generally. One part of the storm is 
an increase in the cost of fuel oil to heat their homes. A second part 
is their ability to afford to pay their mortgage. If they cannot pay 
the mortgage, this is what happens. They make a judgment about whether 
they are going to pay the fuel or pay the mortgage. With children in 
the picture, they pay their fuel and they end up losing their home. So 
the fact that they don't get maybe 100 gallons, 200 gallons, 300 
gallons of oil means they lose their home.
  The cost in Massachusetts of providing services to a homeless family 
can be thousands of dollars a year. You can provide the oil for a 
fraction of that and keep people in their homes.
  These are the kinds of things that make a difference. We should give 
focus and attention to them.
  In our hearing this last week, I heard from Margaret Gilliam who 
takes care of her grandchildren in Dorchester and has already spent 
more on heating oil this heating season than she did all of last year. 
We still have many weeks of cold weather ahead, and she wonders what is 
going to happen to her grandchildren and to her home. Diane Colby, a 
single mother of two in Lynn, MA, keeps the thermostat at only 62 
degrees to stretch out the heating oil as long as possible. She has to 
sit down and decide which bills get paid and which don't. Otherwise she 
can't afford to keep the heat on. We must ensure that these families 
have the help they need through the winter. This is part of the 
challenge we are facing.
  In the proposals we have had from the President, we find that he 
proposes a tax break and a stimulus program that would completely leave 
out the poorest Americans. That is bad policy. Not only are low-income 
families the ones who suffer most in a recession, helping them is the 
best way to be certain that any stimulus goes directly into the economy 
and benefits our country the most. We can't keep repeating the mistakes 
of the past. Any tax rebate we pass now should be for everyone so that 
everyone can get back on their feet. The President's tax cuts for 
business are ill-advised. Past experience shows that such corporate tax 
breaks do not provide an effective stimulus. The problem with our 
economy today is a lack of demand, not of capacity. Businesses will not 
produce more until they know that customers are ready to buy. That is 
extremely important.
  We heard at our Joint Economic Committee hearing economists talk 
about the lack of demand, not a lack of capacity. Since there is a lack 
of demand, it doesn't make a lot of sense to increase capacity if there 
is not demand for it. Yet that is what the administration is attempting 
to do.
  Personal tax cuts targeting middle- and low-income families and 
funding boosts for programs such as unemployment insurance and food 
stamps are a better stimulus than business tax cuts because they 
encourage consumers to start spending. The economy is at a crossroads, 
and we must act carefully

[[Page 497]]

to choose the right path for the future. I am confident we can do that. 
I am certain we must do it to get America back on track.
  Finally, I want to review a few of the charts I have that spell out 
exactly where we are globally on this issue. Americans are deeply 
anxious about the economy. In a survey from just two weeks ago, Madam 
President, 61 percent of Americans say the condition of the economy is 
bad; one in five think things are very bad. This is an indication of 
the attitude of the American people. Here is one of the reasons.
  We see a significant increase in the unemployment rate in December, 
going to 5 percent. Among unemployed workers, 17.5 percent are long-
term unemployed. If you look at 2001 as we approached the last 
recession, it was only 11 percent. Now it is 17.5 percent, up 55 
percent. These are individuals who are out there, workers who want a 
job and have been spending month after month after month looking for 
one, unable to get a job. That has a devastating impact, particularly 
when you terminate the unemployment compensation for them which these 
individuals should be eligible to receive and which they have paid 
into.
  This shows the prediction from economists that unemployment will 
skyrocket next year. We heard this in testimony in the Joint Economic 
Committee hearing last week. Assuming we have a stimulus program, they 
say the economy can improve, but even with the economy improving, we 
are going to have a continued increase in the numbers of unemployed. 
That is something we have to be aware of.
  We still have job openings that are here, but nearly 8 million 
unemployed workers competing for 4 million jobs. It is a real problem. 
Not being able to get these jobs is a result of administration cuts to 
training programs all of these years. This is a pretty good indicator 
of what happens with the limitations.
  Americans cannot access job training programs. Opportunities are 
limited for workers to improve their skills. In Massachusetts alone, as 
I mentioned, for every available slot in a job training program, there 
are 21 workers on a waiting list. I have in the Chamber a picture of 
workers waiting on a waiting list. These people want to work. They want 
to provide for their families. They have the skills, the training 
programs to be able to get the job done, but they cannot afford that. 
We have had training programs, the kind the administration has cut 
back. Last year, it was close to half a billion dollars.
  This chart shows what has been happening with the unemployment rate. 
It has been going steadily up. High unemployment drives down wages. A 
1.5-percent increase in the unemployment rate would decrease the 
average family's income by $2,400 because of the downward pressure it 
puts on wages. So for every family--we know from Goldman Sachs; this is 
not our estimate, we have it from financial institutions--economic 
indicators indicate we are still going to have high unemployment. What 
that means is a real reduction for average working families in their 
purchasing power by $2,400. That is what is going on.
  We have seen what is happening as to the kinds of products that 
families are used to purchasing. The price of food is rising far faster 
than the rate of inflation. We have milk going up 16 percent, eggs 
going up 78 percent, and beef going up some 13 percent.
  In our part of the country, still, about 75 percent of all the homes 
are heated with home heating oil. Look what has happened. There has 
been a 40-percent increase in the cost of home heating oil since last 
year. And a great many of our people in my part of the country who own 
their homes are living on fixed incomes. They are getting this kind of 
increase. Social Security, for the average person, went up only 2.3 
percent from last year. But here we have a 40-percent increase in the 
cost of home heating oil, and it has been a cold winter.
  So these charts indicate, in different ways, how the average family 
is facing more and more difficulties. Too many middle-class families 
could not pay the essential expenses in the event of a job loss or 
other financial hardship. Seventy-seven percent of middle-class 
families do not have enough assets to pay the essential expenses for 3 
months.
  What is happening is many people are relying on their credit cards to 
do it, and then they are unable to meet their ends with their credit 
cards. That directly affects their credit standing for the rest of 
their lives--under the last bankruptcy bill we passed here, which was 
such an unfortunate action that we took in the Senate.
  We find out parents are listing credit cards in the names of their 
children--young children--in order to be able to heat their homes. It 
is affecting so many hard-working Americans who are facing that 
whammy--the fact they are in danger of losing their homes because of 
the mortgage challenge. They cannot afford heating oil, and then they 
find out, when they resort to using credit cards, they lose all of 
their potential for credit for years to come.
  This chart is a reflection of what is happening with people losing 
their homes. Foreclosures have gone up 181 percent from 2005. Millions 
of American families face losing their homes. Make no mistake about it, 
many who lose their homes have in the past paid their mortgages each 
month, and yet now they lose their home. We have to ask: What are we 
going to do about it?
  Just a final two points I will make. There has been a 40-percent 
increase in bankruptcies. This is a result of the kind of economic 
squeeze these families have been under. There has been a 40-percent 
increase in bankruptcies. With the way that last bankruptcy act was 
enacted, they will find out, once the hooks get into these families, 
they will never get free from them. Families are going to be indebted 
for a very considerable period of time. That is now happening to 
working Americans.
  The final chart I will put up is that in looking at the stimulus 
program we ought to look at what gets the biggest bang for the buck. 
Targeted stimulus programs deliver far more bang for the buck. As to 
unemployment benefits, for every $1 we invest, there is $1.73 in 
economic growth; for aid to the States, $1.24; for income taxes, it is 
only 59 cents. These are the areas the administration is talking about: 
business write-offs, 24 cents; capital gains tax cuts, 9 cents.
  If we are going to pass a stimulus package--which we should do--let's 
look at the areas that will have the greatest impact, the greatest 
stimulus that will help the working families of this country in the 
most meaningful way. That is what we should do. That is what should be 
the first order of business in the Senate. I hope we will get about the 
business of helping working families in America.
  I yield the floor and suggest the absence of a quorum.
  The PRESIDING OFFICER (Mr. Cardin). The clerk will call the roll of 
the Senate.
  The assistant legislative clerk proceeded to call the roll.
  Mr. DORGAN. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. DORGAN. Mr. President, I ask unanimous consent that the pending 
amendment be set aside.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                           Amendment No. 3899

              (Purpose: To provide a complete substitute.)

  Mr. DORGAN. Mr. President, I have a substitute at the desk and ask 
for its consideration.
  The PRESIDING OFFICER. The clerk will report the amendment.
  The assistant legislative clerk read as follows:

       The Senator from North Dakota [Mr. Dorgan] for himself, Ms. 
     Murkowski, Mr. Baucus, Mr. Kennedy, Mr. Smith, Mr. Nelson of 
     Nebraska, and Mr. Salazar, proposes an amendment numbered 
     3899.

  (The amendment is printed in today's Record under ``Text of 
Amendments.'')
  Mr. DORGAN. Mr. President, I ask unanimous consent that the 
amendments previously considered be conformed to the substitute I have 
just offered.
  The PRESIDING OFFICER. Without objection, it is so ordered.

[[Page 498]]


  Mr. DORGAN. Mr. President, I suggest the absence of a quorum.
  I withhold that suggestion.
  The PRESIDING OFFICER. The assistant majority leader is recognized.
  Mr. DURBIN. Mr. President, I ask unanimous consent to speak as in 
morning business for 5 minutes.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  (The remarks of Mr. Durbin are printed in today's Record under 
``Morning Business.'')
  Mr. DURBIN. I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. DORGAN. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. DORGAN. Mr. President, we have had a lot of discussion and debate 
today about the Indian Health Care Improvement Act. We, on behalf of 
myself and Senator Murkowski, sent the substitute to the desk. The 
substitute is something we worked on that amends and changes somewhat 
what we had originally moved out of the committee. We have refined it, 
improved it, and changed it a bit. The substitute was agreed to by 
Senator Murkowski and myself and other Senators with whom we have 
worked. So we have made some progress by laying down the substitute 
which perfects this bill. We have a number of amendments pending.
  What I would ask--and so would Senator Murkowski--is if there are 
others who have amendments to this bill, they come to the floor and 
offer them. We want to finish this piece of legislation. It is not as 
if we haven't had a lot of discussion and debate. We have pretty much 
filled the time today. But we do want additional amendments to be 
offered. What we would like to see is if those Senators who have 
amendments would contact us, we could schedule them and hopefully we 
can get some time agreements, so when we finish this evening and come 
back on this bill, we could get a list of amendments, work through 
those amendments and finish the bill and send it along to the House. 
Because there is an urgency here.
  There are some things we do that are not particularly urgent. I 
understand that. If anyone thinks the issue of Indian health care is 
not urgent, I urge them to go to the nearest Indian reservation and 
have a visit about what is happening with respect to the Indian Health 
Service. I know there are a lot of good people working in the Indian 
Health Service, but I am telling you, go sit and listen for awhile, 
listen to a discussion about what happens when you ration health care, 
when health care is not a right and not only not a right but when 
health care is absolutely rationed. There are people dying. There are 
people living in pain. There are people who don't have access to any 
kind of health care facility. There are people who are having 
emergencies at 5 in the afternoon, when their local clinic closed their 
doors at 4, and they are 100 miles from the nearest hospital. That is 
what is happening on Indian reservations across this country.
  We have a responsibility, a trust responsibility to provide for that 
health care. The Congress, this country has not owned up to that 
responsibility, and we must. That is why we have brought this bill to 
the floor of the Senate, and I am hoping very much for the cooperation 
of my colleagues. Let's complete the amendments, raise them with us, 
let us work with you on getting them up and getting votes on them so we 
can at least indicate our support to do what we are required to do as 
American citizens: honor our treaties, meet our trust responsibilities, 
and keep the promises we have made to the first Americans.


                 Unanimous Consent Agreement--H.r. 4986

  Mr. DORGAN. Mr. President, I ask unanimous consent that at 5:30 p.m. 
today, the Senate proceed to the immediate consideration of H.R. 4986, 
the Department of Defense authorization, with no amendments in order to 
the bill; that the bill be read a third time, and without further 
action, the Senate proceed to vote on passage; that upon passage, the 
motion to reconsider be laid upon the table.
  The PRESIDING OFFICER. Is there objection?
  Without objection, it is so ordered.
  Mr. DORGAN. Mr. President, I yield the floor and I make a point of 
order that a quorum is not present.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. LEVIN. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________




                   NATIONAL DEFENSE AUTHORIZATION ACT

  Mr. LEVIN. Mr. President, in a few moments we are going to vote on 
the Defense Authorization Act for fiscal year 2008.
  The bill before us today is the same bill we passed by a 90-to-3 vote 
a little more than a month ago, except for minor changes.
  This bill will provide essential pay and benefits for our men and 
women in uniform. It includes a 3.5-percent pay raise for the troops.
  It includes the Wounded Warrior Act, the greatest reform in the law 
relative to medical care for our troops in more than a decade. It will 
address the substandard living conditions, poor outpatient care and 
bureaucratic roadblocks and delays faced by injured soldiers. These 
provisions will dramatically improve the management of medical care, 
disability evaluations, personnel actions, and the quality of life for 
service members recovering from illness or injuries incurred while 
performing their military duties and begin the process of fundamental 
reform of DOD and VA disability evaluation systems.
  The Wounded Warrior Act will require the Secretary of Defense and the 
Secretary of Veterans Affairs to work together to develop a 
comprehensive policy on the care, management, and transition of 
severely injured service members, including Active Duty, National 
Guard, and Reserve members, from the military to the Veterans 
Administration or to civilian life. It will require the use of a single 
medical examination where appropriate, and require and fund the 
establishment of centers of excellence for the signature wounds of the 
wars in Iraq and Afghanistan--post-traumatic stress disorder and 
traumatic brain injury.
  To improve the disability evaluation system, the bill will require 
the military departments to use VA standards when making disability 
determinations, authorizing deviation from these standards only when it 
will result in a higher disability rating for the service member, and 
will require the services to take into account all medical conditions 
that render a member unfit for duty.
  The bill will also increase the severance pay for military personnel 
who are separated for medical disability with a disability rating of 
less than 30 percent and will eliminate the requirement that this 
severance pay be deducted from VA disability compensation for 
disabilities incurred in a combat zone or combat-related operation.
  The bill also includes essential management reforms for the 
Department of Defense, including the Acquisition Improvement and 
Accountability Act of 2007. Some of the reforms included are: 
establishment of a defense acquisition workforce development fund to 
ensure that DOD has the people and the skills needed to effectively 
manage its contracts; strengthening of statutory protections for 
contractor employees who blow the whistle on waste, fraud, and abuse in 
DOD contracts; and tightening of the rules for DOD acquisition of major 
weapons systems and subsystems, components and spare parts to reduce 
the risk of contract overpricing, cost overruns, and failure to meet 
contract schedules and performance requirements. These and other 
provisions should go a long way toward addressing the contracting 
waste, fraud and abuse that we have seen altogether too frequently in 
recent years.

[[Page 499]]

  Our legislation will also address a major failure in Iraq--the 
failure to exercise control over private security contractors. It will 
require for the first time that private security contractors hired by 
the State Department and other Federal agencies to work in a war zone 
comply with directives and orders issued by our military commanders as 
well as with DOD regulations.
  On December 17, 2007, we sent the defense authorization act to the 
President for his signature. The following weekend, the White House 
staff notified us that they had identified a problem with one provision 
that would lead the President to veto the bill. While the 
administration had previously expressed concerns about this provision, 
no administration official had ever indicated that the President would 
consider a veto. Quite the opposite, this provision was not on the list 
of potential veto-causing problems.
  I remain disappointed by the administration's failure to work with us 
to address this provision until after the bill had passed both Houses 
of Congress and was sent to the President for signature. It does not 
serve anybody's interest when we fail to address issues like this in a 
timely manner. The veto of the National Defense Authorization Act sent 
the wrong message to our soldiers, sailors, airmen and marines at a 
time when many of them are risking their lives on a daily basis in 
Iraq, Afghanistan, and elsewhere.
  I am pleased that we have been able to work out language to address 
the administration's concerns on a bicameral and bipartisan basis. The 
bill that is before us today contains modifications that have been 
agreed upon by the White House and by the bipartisan leadership of the 
House and Senate Armed Services Committee. I understand that these 
changes are also acceptable to Senator Lautenberg and other Members who 
worked with him to put together the provision in the earlier bill.
  Let me briefly explain the White House's problem, and how we have 
addressed it.
  Section 1083 of the bill clarifies the law that permits U.S. 
nationals and members of the U.S. Armed Forces who are victims of 
terrorist acts to sue state sponsors of terrorism for damages resulting 
from terrorist acts in the U.S. courts. The provision also strengthens 
mechanisms to ensure that victims of terrorism can collect on their 
judgments against such State sponsors of terrorism. U.S. courts have 
previously entered such judgments against Iran, Libya, and Saddam 
Hussein's Iraq.
  After the bill was passed and sent to the President for signature, 
the administration informed us that Iraq currently has more than $25 
billion of assets in this country that could be tied up in litigation 
if section 1083 were enacted into law and that such restrictions on 
Iraq's funds could take months to lift. The White House stated that 
restrictions on Iraqi funds would interfere with political and economic 
progress in Iraq and undermine our relations with Iraq.
  We have addressed these concerns with new language which authorizes 
the President to waive the applicability of section 1083 to Iraq, if he 
determines that a waiver is in the national security interest of the 
United States; that the waiver will promote Iraqi reconstruction, the 
consolidation of democracy in Iraq, and U.S. relations with Iraq; and 
that Iraq continues to be a reliable ally of the United States and a 
partner in combating international terrorism.
  The revised language also expresses the sense of Congress that the 
President, acting through the Secretary of State, should work with the 
Government of Iraq on a state-to-state basis to ensure compensation for 
any meritorious claims based on terrorist acts committed by the Saddam 
Hussein regime that cannot be addressed in the U.S. courts due to a 
Presidential waiver.
  We expect that the Department of State will actively pursue such 
compensation from Iraq.
  As one of the authors of the new section 1083, I want to assure the 
Senate that the new language authorizes the waiver of section 1083, 
only as it applies to Iraq. The new subsection (d), which we have added 
to the bill, specifies that the President may waive any provision of 
section 1083 ``with respect to Iraq'' and not with regard to any other 
country. We explicitly reaffirm in this bill that other cases against 
state sponsors of terrorism, including both Iran and Libya, may proceed 
to judgment and collection under section 1083, unaffected by any 
Presidential waiver.
  Over the last 2 weeks, concerns have been expressed about the 
possible impact of this provision on innocent third parties entering 
joint ventures with Libya or Iran. The concern was that these companies 
would find their own property seized to satisfy judgments against those 
countries. Our language does not allow for that result, because that is 
not our intent. This is not a new issue: the question has been raised 
by the language of the Lautenberg amendment ever since it was first 
approved by the Senate last fall.
  We specifically addressed the problem of joint ventures in our 
conference on the Defense authorization bill, previously approved by 
the Congress. We added language to the bill making it clear that the 
courts are authorized to compensate victim of state-sponsored terrorism 
out of Libya's--or other states'--assets, while separating and 
shielding the assets of companies engaged in joint ventures with those 
States. In the accompanying statement of managers, we specifically 
urged the courts to make use of this authority. This language was the 
strongest action that we could take to protect innocent third parties 
without also shielding the offending governments from liability for 
their own actions.
  We have included a provision to ensure that the statement of managers 
on our previous conference report will apply to this new bill in this 
and all regards.
  Outside of the modification of section 1083, the bill remains 
virtually unchanged. We have, however, taken steps to ensure our men 
and women in uniform will not lose a penny as a result of the delayed 
enactment of this bill. Toward that end, we have revised a number of 
provisions in the bill to make pay increases and bonus provisions 
retroactive to January 1 and avoid any gap in these authorities. These 
changes have been worked out with the Department of Defense and agreed 
to by the two Armed Services Committees on a bipartisan basis.
  Other than these few changes, the bill before us today is identical 
to the conference report that the Senate overwhelmingly passed last 
month. It is my hope that the bill will receive similar support when we 
vote on it again later today.

                          ____________________




        NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2008

  The PRESIDING OFFICER. The clerk will state the bill by title.
  The legislative clerk read as follows:

       A bill (H.R. 4986) to provide for the enactment of the 
     National Defense Authorization Act for fiscal year 2008, and 
     for other purposes.

  Mr. FEINGOLD. Mr. President, I oppose the fiscal year 2008 Defense 
authorization bill because it authorizes $189.5 billion for the war in 
Iraq but does nothing to end the President's misguided, open-ended Iraq 
policy. That policy has overburdened our military, weakened our 
national security, diminished our international credibility, and cost 
the lives of thousands of brave American soldiers.
  There are certain provisions of the bill that I support strongly, 
including a pay raise for military personnel, Senator Webb's amendment 
creating a Commission on Wartime Contracting to examine waste, fraud, 
and abuse in Iraq and Afghanistan, and Senator Lautenberg's amendment 
to create a Special Investigator General for Afghanistan 
Reconstruction.
  But on balance, I cannot vote to support a bill that defies the will 
of so many Wisconsinites--and so many Americans--by allowing the 
President to continue one of the worst foreign policy mistakes in the 
history of our Nation.

[[Page 500]]


  Mr. LAUTENBERG. Mr. President, I rise to applaud the chairman and 
ranking members of the Senate Armed Services Committee, Senators Levin 
and McCain, respectively, on passage of the National Defense 
Authorization Act for fiscal year 2008.
  Specifically, I would like to express my gratitude to the bill 
conferees for their inclusion of four amendments that I authored and 
which were unanimously adopted by the Senate during its initial 
consideration of this bill. These provisions will increase oversight of 
our country's economic and security assistance to Afghanistan by 
creating a Special Inspector General for Afghanistan Reconstruction, 
section 1229; help victims of state sponsored terrorism to achieve 
justice through the U.S. courts, section 1083; prevent military health 
care fees through the TRICARE program from rising, sections 701 and 
702; and increase accountability and planning for safety and security 
at the Warren Grove Gunnery Range in New Jersey, section 359.
  First, I was proud to be joined by my cosponsors, Senators Coburn, 
Dodd, Hagel, Feingold, Webb, and McCaskill, in creating a Special 
Inspector General for Afghanistan Reconstruction. I wrote this 
legislation because I believe that while a democratic, stable, and 
prosperous Afghanistan is important to the national security of the 
United States and to combating international terrorism, I am concerned 
that we are not achieving all of our goals there. The United States has 
provided Afghanistan with over $20 billion in reconstruction and 
security assistance. However, repeated and documented incidents of 
waste, fraud, and abuse in the utilization of these funds have 
undermined reconstruction efforts. I therefore believe that there is a 
critical need for vigorous oversight of spending by the United States 
on reconstruction programs and projects in Afghanistan.
  I would like to emphasize that the Government Accountability Office 
and the departmental Inspectors general have provided valuable 
information on these activities. However, I believe that the 
congressional oversight process requires more timely oversight and 
reporting of reconstruction activities in Afghanistan. Oversight by 
this new Special Inspector General would encompass the activities of 
the Department of State, the Department of Defense, and the U.S. Agency 
for International Development, as well as other relevant agencies. It 
would highlight specific acts of waste, fraud, and abuse, as well as 
other managerial failures in our assistance programs that need to be 
addressed.
  This new position will monitor U.S. assistance to Afghanistan in the 
civilian and security sectors, as well as in the counternarcotics 
arena, and will help both Congress and the American people better 
understand the challenges facing U.S. programs and projects in that 
country. I am pleased that this provision has been included in this 
final bill.
  Second, this bill includes my legislation to provide justice for 
victims of state-sponsored terrorism, which has strong bipartisan 
support. I believe this legislation is essential to providing justice 
to those who have suffered at the hands of terrorists and is an 
important tool designed to deter future state-sponsored terrorism. The 
existing law passed by Congress in 1996 has been weakened by recent 
judicial decisions. This legislation fixes these problems.
  In 1996, Congress created the ``state sponsored terrorism exception'' 
to the Foreign Sovereign Immunities Act, FSIA. This exception allows 
victims of terrorism to sue those nations designated as state sponsors 
of terrorism by the Department of State for terrorist acts they commit 
or for which they provide material support. Congress subsequently 
passed the Flatow Amendment to the FSIA, which allows victims of 
terrorism to seek meaningful damages, such as punitive damages, from 
state sponsors of terrorism for the horrific acts of terrorist murder 
and injury committed or supported by them.
  Congress's original intent behind the 1996 legislation has been 
muddied by numerous court decisions. For example, the courts decided in 
Cicippio-Puleo v. Islamic Republic of Iran that there is no private 
right of action against foreign governments--as opposed to 
individuals--under the Flatow Amendment. Since this decision, judges 
have been prevented from applying a uniform damages standard to all 
victims in a single case because a victim's right to pursue an action 
against a foreign government depends upon State law. My provision in 
this bill fixes this problem by reaffirming the private right of action 
under the Flatow Amendment against the foreign state sponsors of 
terrorism themselves.
  My provision in this bill also addresses a part of the law which 
until now has granted foreign states an unusual procedural advantage. 
As a general rule, interim court orders cannot be appealed until the 
court has reached a final disposition on the case as a whole. However, 
foreign states have abused a narrow exception to this bar on interim 
appeals--the collateral order doctrine--to delay justice for, and the 
resolution of, victim's suits. In Beecham v. Socialist People's Libyan 
Arab Jamahiriya, Libya has delayed the claims of dead and injured U.S. 
service personnel who were off duty when attacked by Libyan agents at 
the Labelle Discotheque in Berlin in 1986. These delays have lasted for 
many years, as the Libyans have taken or threatened to take frivolous 
collateral order doctrine appeals whenever possible. My provision will 
eliminate the ability of state sponsors of terrorism to utilize the 
collateral order doctrine. My legislation sends a clear and unequivocal 
message to Libya. Its refusal to act in good faith will no longer be 
tolerated by Congress.
  Another purpose of my provision is to facilitate victims' collection 
of their damages from state sponsors of terrorism. The misapplication 
of the ``Bancec doctrine,'' named for the Supreme Court's decision in 
First National City Bank v. Banco Para El Comercio Exterior de Cuba, 
has in the past erroneously protected the assets of terrorist states 
from attachment or collection. For example, in Flatow v. Bank Saderat 
Iran, the Flatow family attempted to attach an asset owned by Iran 
through the Bank Saderat Iran. Although Iran owned the Bank Saderat 
Iran, the court, relying on the State Department's application of the 
Bancec doctrine, held that the Flatows could not attach the asset 
because they could not show that Iran exercised day-to-day managerial 
control over Bank Saderat Iran. My provision will remedy this issue by 
allowing attachment of the assets of a state sponsor of terrorism to be 
made upon the satisfaction of a ``simple ownership'' test.
  Another problem is that courts have mistakenly interpreted the 
statute of limitations provision that Congress created in 1996. In 
cases such as Vine v. Republic of Iraq and later Buonocore v. Socialist 
People's Libyan Arab Jamahiriya, the court interpreted the statute to 
begin to run at the time of the attack, contrary to our intent. It was 
our intent to provide a 10-year period from the date of enactment of 
the legislation for all acts that had occurred at anytime prior to its 
passage in 1996. We also intended to provide a period of 10 years from 
the time of any attack which might occur after 1996. My provision 
clarifies this intent.
  My provision also addresses the problems that arose from overly 
mechanistic interpretations of the 1996 legislation. For example, in 
several cases, such as Certain Underwriters v. Socialist People's 
Libyan Arab Jamahiriya, courts have prevented victims from pursuing 
claims for collateral property damage sustained in terrorist attacks 
directed against U.S. citizens. My new provision fixes this problem by 
creating an explicit cause of action for these kinds of property 
owners, or their insurers, against state sponsors of terrorism.
  Finally, in several cases the courts have prevented non-U.S. 
nationals who work for the U.S. Government and were injured in a 
terrorist attack during their official duties from pursuing claims for 
their personal injuries. My provision fixes this inequity by creating 
an explicit cause of action for

[[Page 501]]

non-U.S. nationals who were either working as an employee of the U.S. 
Government or working pursuant to a U.S. Government contract.
  I also want to make special mention of the inspiration for this new 
legislation. On October 23, 1983, the Battalion Landing Team 
headquarters building in the Marine Amphibious Unit compound at the 
Beirut International Airport was destroyed by a terrorist bomb killing 
241 marines, sailors, and soldiers who were present in Lebanon on a 
peace-keeping mission. In a case known as Peterson v. the Islamic 
Republic of Iran, filed on behalf of many of the marine victims and 
their families, the U.S. District Court ruled in 2003 that the 
terrorist organization Hezbollah was funded by, directed by, and relied 
upon the Islamic Republic of Iran and its Ministry of Information and 
Security to carry out that heinous attack. The judge presiding over 
this case, Judge Royce Lamberth, referred to this as ``the most deadly 
state sponsored terrorist attack made against United States citizens 
before September 11, 2001.'' In September of this year Judge Lamberth 
found that Iran not only is responsible for this attack but also owes 
the families of the victims a total of more than $2.6 billion for the 
attack. Congress's support of my provision will now empower these 
victims to pursue Iranian assets to obtain this just compensation for 
their suffering. This is true justice through American rule of law.
  However, President Bush's veto of the initial version of the National 
Defense Authorization Act for fiscal year 2008, H.R. 1585, on New 
Year's Eve required that my provision to provide justice for victims of 
state-sponsored terrorism be amended. The President chose to take this 
extraordinary action without warning after asserting that he had not 
been aware of the provision's potential impact on the Government of 
Iraq. The President contended that this provision would hinder Iraqi 
reconstruction by exposing the current Iraqi government to liability 
for terrorist acts committed by Saddam Hussein's government and vetoed 
the entire Defense Authorization bill on that basis.
  To address the President's concerns that the Government of Iraq could 
be made liable, the revised provision grants the President the 
authority to waive the terror victim's provision only for cases in 
which Iraq or its agencies, instrumentalities, or governmental actors 
are named defendants. The provision does not give the President the 
authority to waive any part of the provision for any case in which a 
government, its agencies, instrumentalities, or governmental actors are 
named defendants other than Iraq.
  By insisting on being given the power to waive application of this 
new law to Iraq, the President seeks to prevent victims of past Iraqi 
terrorism--for acts committed by Saddam Hussein--from achieving the 
same justice as victims of other countries. Fortunately, the President 
will not have authority to waive the provision's application to 
terrorist acts committed by Iran and Libya, among others.
  In addition, my new provision includes a Sense of the Congress that 
the Secretary of State should work with Iraq, on a state-to-state 
basis, to resolve the meritorious claims made against Iraq by terror 
victims. It is crucial that the victims of these terrorist acts be 
included in such discussions. Their approval of agreements made between 
the two governments on their behalf is critical to ensuring that 
justice is served.
  Third, this Defense authorization bill includes my provision to 
prevent proposed increases in enrollment fees, premiums, and pharmacy 
copayments for TRICARE, the military community's health plan. The 
principal coauthor of this provision is Senator Hagel.
  Both career members of the uniformed services and their families 
endure unique and extraordinary demands and make extraordinary 
sacrifices over the course of 20-year to 30-year careers in protecting 
freedom for all Americans. I believe they deserve the best retirement 
benefits that a grateful nation can provide. Proposals to compare cash 
fees paid by retired military members and their families to fees paid 
by civilians fails to adequately recognize the sacrifice of military 
members. We must be mindful that military members prepay the equivalent 
of very large advance premiums for health care in retirement through 
their extended service and sacrifice.
  The Department of Defense and our Nation have a committed obligation 
to provide health care benefits to Active Duty, National Guard, 
Reserve, and retired members of the uniformed services, their families, 
and survivors, that considerably exceed the obligation of corporate 
employers to provide health care benefits to their employees. 
Ultimately, the Department of Defense has options to constrain the 
growth of health care spending in ways that do not disadvantage current 
and retired members of the uniformed services, and it should pursue any 
and all such options as a first priority. Raising fees excessively on 
TRICARE beneficiaries is not the way to achieve this objective.
  Finally, I thank the conferees for including my amendment to require 
increased oversight and accountability, as well as improved safety 
measures, at the Warren Grove Gunnery Range in New Jersey. I wrote this 
provision with Senator Menendez because a number of dangerous safety 
incidents caused by the Air National Guard have repeatedly impacted the 
residents living nearby the range.
  On May 15, 2007, a fire ignited during an Air National Guard practice 
mission at Warren Grove Gunnery Range, scorching 17,250 acres of New 
Jersey's Pinelands, destroying 5 houses, significantly damaging 13 
others, and temporarily displacing approximately 6,000 people from 
their homes in sections of Ocean and Burlington Counties in New Jersey.
  My provision will require that an annual report on safety measures 
taken at the range be produced by the Secretary of the Air Force. The 
first report will be due no later than March 1, 2008, and two more will 
be due annually thereafter. My provision will also require that a 
master plan for the range be drafted that includes measures to mitigate 
encroachment issues surrounding the range, taking into consideration 
military mission requirements, land use plans, the surrounding 
community, the economy of the region, and the protection of the 
environment and public health, safety, and welfare. I believe that 
these studies will provide the type of information that we need to 
ensure that there is long-term safety at the range, both for the 
military and the surrounding communities.
  Mr. SPECTER. Mr. President, I have sought recognition to address the 
pay raise given to members of the U.S. military. On December 28, 2007, 
President Bush vetoed the National Defense Authorization Act for Fiscal 
Year 2008 because of a disagreement over a provision in the Justice for 
Victims of State Sponsored Terrorism Act of 2007.
  The disagreement over language in the Justice for Victims of State 
Sponsored Terrorism Act has affected far more individuals than the 
legislation itself addresses. By holding up the signing of the National 
Defense Authorization Act for Fiscal Year 2008, it jeopardized the pay 
raise which was promised to our Nation's servicemen and servicewomen.
  On January 4, 2008, the President issued Executive Order 13454, which 
gave all members of the military a 3-percent pay raise effective 
January 1, 2008. I commend the House for its January 16, 2008, decision 
to make retroactive to January 1, 2008, a 3.5-percent pay raise for 
members of the uniformed services. This was the number that the House 
and the Senate agreed upon before we sent the bill to President Bush in 
December; I think it is only fair this be the number we return to when 
we again submit the bill to the President. The men and women of the 
military should not be made to suffer for disagreements between the 
Congress and the White House.
  Mr. REID. Mr. President, in a few minutes, I am going to ask 
unanimous consent to take up the authorization bill for the Department 
of Defense for fiscal year 2008. But before we proceed to consider and 
pass this important legislation, I want to take just a moment to advise 
my colleagues of the

[[Page 502]]

unfortunate and troubling path that this legislation has taken since 
the Senate last voted to pass it on December 14.
  On December 19, the same day the other body adjourned its first 
session, the Congress sent to the President legislation, H.R. 1585, 
that was identical to the bill we are about to take up and pass, with 
one substantive difference regarding section 1083 and several 
associated technical corrections necessary due to the delay of the 
bill's enactment.
  What I want to focus on today is the manner in which the President 
chose to exercise his veto prerogative. As the Chair and our colleagues 
are well aware, the Framers of our Constitution deliberately gave the 
President only a limited or qualified veto power, one that could be 
overridden by Congress if it could muster a two-third vote in both 
Houses--a formidable challenge. But President Bush was not satisfied 
simply to veto the bill and risk an override, as contemplated under our 
constitutional process.
  Rather, on December 28, the President issued a memorandum of 
disapproval stating that, because the other body had adjourned its 
first session, while the Senate remained in session to protect its 
advise-and-consent prerogative, he considered the bill pocket vetoed, 
relying upon the constitutional provision that protects against the 
Congress's adjourning in order to prevent the President from exercising 
his veto power. But the President did not actually pocket the bill. 
Instead, using the mechanism provided in the rules of the other body 
for such periods as the December holidays, the White House returned the 
bill, with the President's veto message, to the Clerk of the House, for 
transmission to the full body when it reconvened last week. The 
President said that he was returning the bill ``to avoid unnecessary 
litigation'' and ``to leave no doubt'' that he was vetoing the bill.
  The Constitution does not provide for double vetoes: A bill is vetoed 
either by being returned or, if return is prevented by Congress's 
adjournment, by being pocketed. Here, the President returned the bill 
to the other body through delivery to the Clerk. Obviously, the 
adjournment did not prevent the bill's return. Accordingly, the bill 
was not subject to a pocket veto. Had the President not returned the 
bill within the 10 days--excluding Sunday--prescribed by the 
Constitution, the bill would have become law without his signature. 
That fact explains why the President returned the bill.
  Indeed, in 1983, President Reagan attempted to pocket veto a military 
aid appropriations measure during an analogous adjournment--the break 
between the first and second sessions of the 98th Congress. On a 
bipartisan basis, the Senate joined a group of Members of the other 
body to challenge that attempted misuse of the pocket veto in a Federal 
court case called Barnes v. Kline. Although the decision was 
subsequently vacated because the fiscal year for the military aid bill 
had expired in the meantime, thereby mooting the case, the Court of 
Appeals for the District of Columbia Circuit rejected the Executive's 
attempt to pocket veto the bill and held that, because it could have 
been returned to the House, under the Constitution the bill had become 
law. The court held that three factors, when taken together, establish 
that adjournment of the first session of a Congress does not prevent 
the President from returning a bill under the Constitution: First, 
``[t]he existence of an authorized receiver of veto messages''; second, 
``the rules providing for carryover of unfinished business'' in the 
second session of a Congress; and third, ``the duration of modern 
intersession adjournments.''
  In that decision, the court of appeals built upon the foundation laid 
by our colleague, the senior Senator from Massachusetts, who, a decade 
earlier personally had argued and won the case Kennedy v. Sampson in 
the same court, thereby establishing the President's duty to return 
bills to Congress, through its appointed officers, during intrasession 
adjournments. As the court made clear, during both types of 
adjournments, the application of the pocket veto clause has necessarily 
been guided from the beginning by its ``manifest purpose.'' And that 
purpose is solely to ensure that the Congress cannot deprive the 
President of his right to exercise the qualified veto, not to permit 
the President to accomplish what the Framers of our Constitution denied 
him--by transforming the qualified veto into an absolute veto.
  I have gone into some detail in explicating the background and 
history of the pocket veto controversy because of its importance to our 
constitutional system of separation of powers and checks and balances 
between the branches. The President should abandon the strange and 
unseemly practice of maintaining that he cannot return a bill to 
Congress, while simultaneously returning the bill. Such game-playing is 
unworthy of the Office of the President and breaks faith with the 
brilliant, carefully crafted system that the Founders bequeathed to us 
and future generations.
  However, much as part of me would like to see Congress take the 
opportunity provided by the President's action here to establish 
definitively the Congress's constitutional power to override a veto 
exercised during its adjournment, the Nation's security and the care of 
our troops and wounded warriors demands that we get this bill signed 
into law as soon as possible. This bill provides important 
congressional authorizations and guidance for the Nation's defense 
budget, a 3.5-percent 9 pay raise and key bonuses for the troops, 
legislation to improve the system of care for our wounded warriors, and 
authorization to establish a war profiteering commission. The 
President's veto of this bill in December has already delayed these 
provisions for too long.
  I also want to reiterate that it is my belief that the Government of 
Iraq should take responsibility for what has taken place there in years 
past, including the brutal torture of American POWs. Congress has gone 
on record repeatedly--most recently, in overwhelmingly passing section 
1083 of the conference report to H.R. 1585 last year in both the House 
and Senate and sending it to the President--to support the efforts of 
these Americans who have suffered so much for their country to hold 
their torturers accountable. This administration has been fighting for 
years to oppose efforts to win compensation for these American 
soldiers, which is, frankly, a disgrace.
  In light of the President's veto over this issue, I call on him and 
his administration to work with the POWs and their family members to 
facilitate negotiations with the Government of Iraq. It is my 
understanding that the administration has been working with Iraq to 
settle gulf war commercial debts with foreign corporations such as 
Mitsubishi of Japan and Hyundai of Korea through issuance of Iraqi 
bonds. This mechanism takes no funds from the reconstruction of Iraq. 
It is beyond me why the administration would refuse to do at least that 
for the POWs. The administration needs to make this right.
  The bill (H.R. 4986) was ordered to a third reading and was read the 
third time.
  Mr. LEVIN. Mr. President, I ask for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second? There is a 
sufficient second.
  The question is on passage of the bill.
  The clerk will call the roll.
  The legislative clerk called the roll.
  Mr. DURBIN. I announce that the Senator from New York (Mrs. Clinton), 
the Senator from New Jersey (Mr. Menendez), and the Senator from 
Illinois (Mr. Obama) are necessarily absent.
  I further announce that, if present and voting, the Senator from New 
Jersey (Mr. Menendez) would vote ``yea.''
  Mr. KYL. The following Senators are necessarily absent: the Senator 
from Arizona (Mr. McCain), the Senator from South Dakota (Mr. Thune), 
and the Senator from Virginia (Mr. Warner).
  The PRESIDING OFFICER. Are there any other Senators in the Chamber 
desiring to vote?
  The result was announced--yeas 91, nays 3, as follows:

[[Page 503]]



                       [Rollcall Vote No. 1 Leg.]

                                YEAS--91

     Akaka
     Alexander
     Allard
     Barrasso
     Baucus
     Bayh
     Bennett
     Biden
     Bingaman
     Bond
     Boxer
     Brown
     Brownback
     Bunning
     Burr
     Cantwell
     Cardin
     Carper
     Casey
     Chambliss
     Coburn
     Cochran
     Coleman
     Collins
     Conrad
     Corker
     Cornyn
     Craig
     Crapo
     DeMint
     Dodd
     Dole
     Domenici
     Dorgan
     Durbin
     Ensign
     Enzi
     Feinstein
     Graham
     Grassley
     Gregg
     Hagel
     Harkin
     Hatch
     Hutchison
     Inhofe
     Inouye
     Isakson
     Johnson
     Kennedy
     Kerry
     Klobuchar
     Kohl
     Kyl
     Landrieu
     Lautenberg
     Leahy
     Levin
     Lieberman
     Lincoln
     Lugar
     Martinez
     McCaskill
     McConnell
     Mikulski
     Murkowski
     Murray
     Nelson (FL)
     Nelson (NE)
     Pryor
     Reed
     Reid
     Roberts
     Rockefeller
     Salazar
     Schumer
     Sessions
     Shelby
     Smith
     Snowe
     Specter
     Stabenow
     Stevens
     Sununu
     Tester
     Vitter
     Voinovich
     Webb
     Whitehouse
     Wicker
     Wyden

                                NAYS--3

     Byrd
     Feingold
     Sanders

                             NOT VOTING--6

     Clinton
     McCain
     Menendez
     Obama
     Thune
     Warner
  The bill (H.R. 4986) was passed.
  The PRESIDING OFFICER. The motion to reconsider is considered made 
and laid on the table.
  The majority leader is recognized.

                          ____________________




                   UNANIMOUS CONSENT REQUEST--S. 2541

  Mr. REID. Mr. President, I am glad we have a large number of Senators 
here today. I want to go over the schedule for this week.
  First of all, I am going to ask unanimous consent, and I will do that 
now, that the Senate proceed to the consideration of S. 2541, which is 
a 30-day extension of the Foreign Intelligence Surveillance Act we are 
going to be dealing with; that the bill be read three times, passed, 
the motion to reconsider be laid upon the table, with no intervening 
action or debate.
  The reason I ask consent on this legislation is that this bill 
expires on February 1. The House has not acted on this bill yet, so 
when we pass this bill, the House has to pass their bill, and there has 
to be a conference. I hope we could have this extension. I need not 
belabor the point. I asked this consent before we left; I ask it again.
  The PRESIDING OFFICER. Is there objection? The Republican leader.
  Mr. McCONNELL. Mr. President, reserving the right to object, and I 
will be objecting, let me say, my good friend, the majority leader, and 
I have discussed this issue. There is a significant amount of time left 
this month to pass this bill in the Senate. A conference may or may not 
be necessary. Back in August, when we did an extension of the FISA 
bill, the House simply took up the Senate-passed bill and passed it, 
and it went down to the President for signature. So I think the 
discussion of extension, particularly when, hopefully, we will turn to 
this bill in the very near future in the Senate, is not timely and, 
therefore, I object.
  The PRESIDING OFFICER. Objection is heard.
  The majority leader.
  Mr. REID. Mr. President, for all Members here, we are on the Indian 
health bill now. I hope we can complete that bill tomorrow. The 
Republicans are having a retreat. They are having theirs tomorrow; we 
are going to have ours in 10 days or so. There will be activities on 
the Senate floor tomorrow, but there will be no votes. If there are any 
votes tomorrow, it will be after they finish their retreat, after 6 
o'clock tomorrow night.
  So we hope some work can be done on this bill tomorrow. We know the 
Republicans will be absent, so that makes it very difficult.
  We have to finish FISA this week. Everyone should be aware of that 
point. We have to finish it this week. I know there are important trips 
people want to take. We have the very important economic conference in 
Davos that Democrats and Republicans alike would like to go to.
  I say, unless we finish the bill Thursday--and we will not be able to 
get to it until tomorrow night--unless we finish the bill on Thursday, 
then we are going to have to continue working this week until we finish 
this bill. We have to finish this bill. It is not fair to the House to 
jam them so that they have 1 day to act on this legislation. If we 
finish it this week, I have spoken to the Speaker today and they will 
work to complete this matter next week. It would be to everyone's 
advantage if we had more time to do this.
  I respect what the Republican leader has said, but everyone here 
should understand all weekend activities have to be put on hold until 
we finish this bill. Now, it is possible we could finish it fairly 
quickly. We are going to work from the Intelligence bill, and if 
amendments are offered that people don't like, I would suggest they 
move to table those amendments. Because if people think they are going 
to talk this to death, we are going to be in here all night. This is 
not something we are going to have a silent filibuster on. If someone 
wants to filibuster this bill, they are going to do it in the openness 
of the Senate.
  We are not going to say, well, we can't get 60 votes on this. We are 
going to work toward completing this bill as quickly as we can. I would 
rather we didn't have to do this. And maybe if we get to it on 
Thursday, we can finish it Thursday. If not, hopefully on Friday. But I 
know of no alternative. This work period is very short. We have, after 
this week, only 3 weeks.
  I have had many meetings, and they have been bipartisan in nature, to 
try to come up with a stimulus package that is so important to our 
country. Everyone has seen what has happened to not only our own stock 
markets but those around the world. We may not be in a recession, but 
people are looking at an economic downturn as concerning to everyone, 
including the President. So we have a lot to do this work period. I 
have only mentioned a couple issues we need to work on, but there are a 
lot of others, of course, we need to do also.


                  Unanimous Consent Request--H.R. 1255

  Madam President, I ask unanimous consent that the Senate proceed to 
consideration of Calendar No. 213, H.R. 1255, Presidential Records Act 
Amendments of 2007; that the amendment at the desk be considered and 
agreed to; the bill, as amended, be read a third time, passed, and the 
motion to reconsider be laid upon the table; that any statements 
relating thereto appear at the appropriate place in the Record as if 
given; and that there be no intervening action or debate.
  The PRESIDING OFFICER. Is there objection?
  Mr. SESSIONS. I object.
  The PRESIDING OFFICER. Objection is heard.
  Mr. McCONNELL. Mr. President, on the issue of FISA, let me second the 
observation of the majority leader. There is no more important issue 
for us to deal with in terms of protecting the homeland. I agree with 
his decision that we press forward on FISA and get it out of the 
Senate--but not just get it out of the Senate, get it out of the Senate 
and to the House in a form the President will sign. Nothing is more 
important to protecting the homeland than getting this done and getting 
it done properly.
  I yield the floor.
  The PRESIDING OFFICER (Mr. Casey). The Senator from Vermont.
  Mr. LEAHY. Mr. President, we have a number of Members who are 
supposed to go to the Davos economic summit tomorrow night, and I would 
note I have talked with Senator Bennett of Utah, who is the senior 
Republican on that trip, and the trip that is set to leave tomorrow 
night will not. We will put it on hold until Thursday, to determine 
whether we can leave on Thursday.
  If I could have the attention of the majority leader for a moment. I 
appreciate the majority leader has been very clear. I happen to concur 
with him that this is important and we should finish it. All we want to 
do is to know how it will go. There is a Judiciary Committee amendment 
to the bill. I would not anticipate taking a great deal of

[[Page 504]]

time on that, but I think the distinguished majority leader is doing 
the absolute right thing.
  He has the worst job in America, trying to accommodate the schedules 
of 99 other people, plus his own, which usually comes in number 100 out 
of the 100. I am not in any way suggesting we change for the Davos 
summit. I will keep in touch with him, Senator Rockefeller, and others 
as we go forward. If it is possible for us to leave Thursday night, we 
will be able to leave Thursday night. But I would not suggest the 
bipartisan delegation go to Davos if this matter is pending.
  I appreciate the distinguished leader spending a lot of time on the 
phone over the weekend and again today and I appreciate his 
consideration.
  The PRESIDING OFFICER. The Senator from North Dakota.
  Mr. DORGAN. If I might address the majority leader for a moment, we 
have had a great deal of debate today on the Indian Health Care 
Improvement Act, and I appreciate, as I said earlier, the willingness 
of the majority leader to bring this bill to the floor of the Senate. I 
know it deals with about 4 million Americans. But the fact is there are 
people dying, dying in this country, because of inadequate health care 
for a trust requirement, a responsibility our Government has for the 
health of the American Indians.
  I know we will be considering that issue still tomorrow. I talked to 
Senator Coburn, who indicated he has some amendments and will be here 
tomorrow to be discussing the bill. My hope is we could get the 
Senators to come and offer amendments, that we can finish these 
amendments, and for the first time in 10 years get this bill passed. 
Senator McCain, when chairman of this committee; Senator Ben Nighthorse 
Campbell, when chairman; and now myself, along with Vice Chair 
Murkowski, have worked hard to get this done. We are so close, and I 
appreciate the cooperation of the majority leader.
  I understand we will have to move to FISA at some point, but I know 
the majority leader wants to give us fair opportunity to consider these 
amendments and see if we can finish in a day or so, and I hope that can 
be the case.
  Mr. REID. Mr. President, through the Chair to my friend from North 
Dakota, we have a Presidential debate going on now. Democrats and 
Republicans are talking about health care. I say to my friend, there is 
no place, no people in America more badly in need of health care than 
Native Americans. In Nevada, we have 22 different tribal organizations. 
The sickest, the most dependent people on health care are Indians. We 
had hospitals that used to exist where they could go, but they are 
gone. We had a hospital that was brand new. It was never staffed. The 
people have to drive 110 miles over the worst roads in Nevada to go to 
the hospital--these Native Americans.
  So I say if we, as a people, have any concern about health care, 
please direct it to the Native Americans. No one needs it more than 
they do. That is what this legislation is all about. We have legal 
responsibilities to take care of it, and we have neglected those 
responsibilities. We as a Federal Government have neglected those 
responsibilities.
  So I so appreciate the chair of this committee, the ranking member of 
the committee, Senator Murkowski of Alaska, and I hope the two of you 
can work hard to get us a piece of legislation we can send over to the 
House and that the President will sign it. People desperately need this 
legislation.
  Mr. DORGAN. Mr. President, I thank the majority leader. I understand 
we are going to need to move off and go to FISA at some point. We need 
some time, at least another day, to have some amendments, and then I 
think we can finish this bill.
  Frankly, we have a trust responsibility. We have signed treaties, and 
this great country needs to keep its word. It has not kept its word on 
Indian health care. That is the reason we are on the floor of the 
Senate. So I wanted to make this point as we move to consider all these 
other priorities, that one of the significant priorities is to get the 
amendments on the floor, get them debated, have time agreements, and 
let us get this bill passed. It is 10 years late, but let us at least 
pay respect to our word, the commitments we have made, the treaties we 
have signed, and the trust responsibilities that are ours.
  I heard someone say, people aren't dying over this. They are dying 
over this, I guarantee you. I will get you their names. There are 
people who deserve health care who aren't getting it, and the fact is 
people are dying today as a result of it. Ten years later we ought to 
pass this legislation. I have worked hard with Senator Murkowski, 
Senator McCain, and so many others to move this legislation. All we ask 
is fair opportunity to get the amendments to the floor and get them 
considered and voted on and let us do the right thing.
  Tomorrow, I will be back. I do have great passion about this because 
I have seen people who are sick, I have seen people who are suffering 
and I have seen people and talked to people who had children die and 
spouses die because of inadequate health care, because of full-scale 
health care rationing in this country for American Indians. That is 
unacceptable, and it ought to be unacceptable to every single Member of 
this Senate.

                          ____________________




PROVIDING FOR A CONDITIONAL ADJOURNMENT OF THE HOUSE OF REPRESENTATIVES

  Mr. DORGAN. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of H. Con. Res. 279, received 
from the House.
  The PRESIDING OFFICER. Without objection, it is so ordered. The clerk 
will report.
  The legislative clerk read as follows:

       A concurrent resolution (H. Con. Res. 279) providing for 
     conditional adjournment of the House of Representatives.

  Mr. DORGAN. Mr. President, I ask unanimous consent that the 
concurrent resolution be agreed to, the motion to reconsider be laid 
upon the table, without any intervening action or debate.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The concurrent resolution (H. Con. Res. 279) was agreed to.

                          ____________________




    INDIAN HEALTH CARE IMPROVEMENT ACT AMENDMENTS OF 2007--Continued

  The PRESIDING OFFICER. The Senator from Alaska.
  Mrs. MURKOWSKI. Mr. President, I wished to echo the comments of my 
colleague and my chairman on the Indian Affairs Committee. 
Reauthorization of this Indian Health Care Improvement Act is something 
that is long overdue. When we sat down as the chairman and vice 
chairman of this committee to assess the priorities of the committee, 
it was absolutely clear the one thing we could do now to help make a 
difference in the lives of American Indians and Alaska Natives was to 
improve the health care system, the delivery, and the access.
  The last time this was updated, if you will, was 1992. Think about 
what has happened in health care and the technologies and the 
techniques since 1992. We owe it to our constituents across the 
country--not just in Alaska, where we have 225 tribes, but from 
California to Maine, from the Dakotas down to Florida--we owe it to all 
our constituents to finally see this reauthorization through. We do 
acknowledge there are some issues that are as yet unresolved, but it is 
not as if we have not had the time to resolve them. The time is now to 
make it happen.
  I, too, would urge the Senate to work together, as the chairman and I 
have, in a very cooperative, very bipartisan manner to figure out how 
we move this legislation through the Senate to the House so it is 
finally enacted into law.
  With that, I yield the floor.
  The PRESIDING OFFICER. The Senator from Vermont.


                           Amendment No. 3900

  Mr. SANDERS. Mr. President, I ask unanimous consent that the pending

[[Page 505]]

amendment be set aside so I can send an amendment to the desk, and I 
ask for its immediate consideration.
  The PRESIDING OFFICER. Without objection, the clerk will report.
  The legislative clerk read as follows:

       The Senator from Vermont [Mr. Sanders], for himself, Mr. 
     Obama, Ms. Cantwell, Mr. Kerry, Ms. Snowe, Ms. Collins, Mr. 
     Sununu, Mr. Menendez, Mr. Leahy, Mrs. Clinton, and Mr. 
     Kennedy, proposes an amendment numbered 3900.

  Mr. SANDERS. Mr. President, I ask unanimous consent that the 
amendment be considered as read.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

(Purpose: To provide for payments under subsections (a) through (e) of 
   section 2604 of the Low-Income Home Energy Assistance Act of 1981)

       At the end of title II, insert the following:

     SEC. 2__. LOW-INCOME HOME ENERGY ASSISTANCE PROGRAM.

       (a) In General.--There are authorized to be appropriated, 
     and there are appropriated, out of any money in the Treasury 
     not otherwise appropriated--
       (1) $400,000,000 (to remain available until expended) for 
     making payments under subsections (a) through (d) of section 
     2604 of the Low-Income Home Energy Assistance Act of 1981 (42 
     U.S.C. 8623); and
       (2) $400,000,000 (to remain available until expended) for 
     making payments under section 2604(e) of the Low-Income Home 
     Energy Assistance Act of 1981 (42 U.S.C. 8623(e)), 
     notwithstanding the designation requirement of section 
     2602(e) of such Act (42 U.S.C. 8621(e)).
       (b) Designation.--Any amount provided under subsection (a) 
     is designated as an emergency requirement and necessary to 
     meet emergency needs pursuant to subsections (a) and (b) of 
     section 204 of S. Con. Res. 21 (110th Congress), the 
     concurrent resolution on the budget for fiscal year 2008.

  Mr. SANDERS. Mr. President, let me begin by saying this amendment is 
being cosponsored by Senators Snowe, Collins, Obama, Cantwell, Sununu, 
Menendez, Stabenow, Clinton, Leahy, and Kerry. This amendment, which 
would increase LIHEAP funding by $800 million, also has the support of 
the National Energy Assistance Directors Association, the National Fuel 
Funds Network, the American Gas Association, the National Association 
of State Energy Officials, and many other groups.
  This amendment is as simple and straightforward as it can be, and 
what it is about is that at a time when, as everybody knows, home 
heating prices are going through the roof, it is getting colder every 
day--it will be below zero in Vermont this week--this amendment would 
provide real relief to millions of senior citizens on fixed incomes, 
low-income families with children, and persons with disabilities.
  Specifically, this amendment would provide $800 million emergency 
funding for the Low-Income Home Energy Assistance Program, otherwise 
known as LIHEAP. Four hundred million dollars of this funding would be 
distributed under the regular LIHEAP formula and the other $400 million 
would be used under the contingency LIHEAP program.
  Last month, I introduced the Keeping Americans Warm Act to provide $1 
billion in emergency LIHEAP funding. I am pleased that this bill has 
garnered 26 cosponsors--19 Democrats, 6 Republicans, and 1 Independent.
  In addition, as you know, on December 3, 38 Senators cosigned a 
letter spearheaded by Senator Jack Reed and Susan Collins to the Labor-
HHS-Education Appropriations Subcommittee Chairman Harkin and Ranking 
Member Specter urging the appropriations committee to provide a total 
of $3.4 billion in LIHEAP funding.
  As you know, there is a lot of discussion right now in seeing that 
there be a substantial increase in LIHEAP funding in the economic 
stimulus bill that is being talked about, which I certainly support.
  I would also like to take this opportunity to commend Subcommittee 
Chairman Harkin, Ranking Member Specter, Appropriations Chairman Byrd, 
and Ranking Member Cochran for providing a total of $2.6 billion in 
funding for LIHEAP in the Omnibus appropriations bill. I understand how 
difficult it was to reach a deal on this bill. I appreciate everything 
Senator Byrd and others have done for LIHEAP to make sure people in our 
country do not go cold.
  Unfortunately, this $2.6 billion in funding for LIHEAP, while an 18-
percent increase from last year, is still 23 percent below what was 
provided for LIHEAP just 2 years ago. And that 23-percent reduction is 
not even adjusted for inflation. I am talking about nominal dollars.
  Two years ago, as I think every American fully understands, the price 
of heating oil was less than $2.50 a gallon. Today, it is over $3.36 a 
gallon. In central Vermont, we have seen prices as high as $3.73 a 
gallon for heating oil. This winter, consumers are projected to pay 
over $1,800 to heat their homes with heating oil--$1,800 just to stay 
warm this winter. This winter, it is projected that consumers will be 
paying over $1,600 to heat their homes with propane. Two years ago, 
they only paid $1,281.
  The skyrocketing prices are already stretching the household budgets 
of millions of families with children, senior citizens on fixed 
incomes, and persons with disabilities beyond the breaking point. I 
cannot tell you--I am sure the situation is not radically different in 
Pennsylvania--how many people are telling me that when they see these 
heating bills, they cannot believe it. They just do not know how they 
are going to stay warm this winter.
  Unfortunately, the spike in energy costs is completely eviscerating 
the purchasing power of this extremely important program in State after 
State. If Congress does not act soon to confront this problem head-on--
and this is a problem which is existing now and will get worse in late 
January and in February--I fear for the public health and safety of 
many of our most vulnerable citizens.
  The point is, we have to act. We have to act. I support any and all 
efforts to expand LIHEAP but, frankly, it will do less good if it is 
passed in March or in April than it will if it is passed in January and 
February. We need to get the money out to people now so they do not go 
cold.
  According to the National Energy Assistance Directors Association, 
due to insufficient funding, the average LIHEAP grant only pays for 18 
percent of the total cost of heating a home with heating oil this 
winter, 21 percent of residential propane costs, 41 percent of natural 
gas costs, and 43 percent of electricity costs this winter. What this 
means is that low-income families with kids, senior citizens on fixed 
incomes, and others will have to make up the remaining cost out of 
their own pockets. As you know, in this country we are looking at some 
very rocky economic times. More and more people are unemployed. Poverty 
is going up. Where are those people going to get these large sums of 
money to stay warm this winter?
  In addition, only 15 percent of eligible LIHEAP recipients currently 
receive assistance with home heating bills. Eighty-five percent of 
eligible low-income families with children, senior citizens on fixed 
incomes, and persons with disabilities do not receive any LIHEAP 
assistance whatsoever due to a lack of funding. There are many people 
all over this country who are eligible for this program who are unable 
to get the help they need. In my own State of Vermont, it has been 
reported that outrageously high home heating costs, oil costs, are 
pushing families into homelessness. In fact, it is not uncommon for 
families with two working parents to receive help from homeless 
shelters in the State of Vermont because they cannot afford anyplace 
else to live during the winter.
  This is a national energy emergency which is affecting States all 
over the country, certainly not just Vermont. On January 17, 1 day 
after the President released $450 million in emergency LIHEAP funding, 
the National Energy Assistance Directors Association testified in front 
of the Health, Education, Labor and Pensions Committee chaired by 
Senator Kennedy. I very much appreciate his holding that hearing in 
Boston focusing national attention on this crisis. Here is what the 
national energy directors reported. This is what they say:
  In Arkansas, the number of families receiving LIHEAP assistance is 
expected to be reduced by up to 20 percent from last year if they are 
not able

[[Page 506]]

to get more funding. Arkansas, 20 percent reduction.
  In Arizona, estimates are that they will have to cut the number of 
families receiving LIHEAP assistance by 10,000 families as compared to 
last year.
  In Delaware, the number of families receiving LIHEAP assistance will 
be reduced by up to 20 percent. In most instances, your average LIHEAP 
grant only pays for about 20 percent of the total cost of heating a 
home in Delaware.
  During the winter in Iowa, the regular LIHEAP grant has been cut by 7 
percent from last year. The average LIHEAP grant in Iowa is $300. Two 
years ago, the average grant was $450.
  The State of Kentucky can run out of LIHEAP funding as early as next 
February.
  In Maine, the average LIHEAP grant will only pay for about 2 to 3 
weeks of home heating costs in most homes in that State, and I can tell 
you that it stays cold for a lot longer than 2 or 3 weeks in Maine, in 
New England.
  In Massachusetts, the spike in energy costs means that the purchasing 
costs for LIHEAP has declined by 39 percent since 2006.
  The State of Minnesota can run out of LIHEAP funding as early as 
February.
  In New York, many households have already exhausted their entire 
LIHEAP funding.
  While Ohio has seen a 10-percent increase in the number of people 
applying for LIHEAP assistance, that State will have to cut back its 
regular LIHEAP grant by between 15 to 20 percent.
  Rhode Island, Texas, the State of Washington--on and on it goes. The 
bottom line is, home heating fuel costs are soaring, and LIHEAP does 
not have enough money to take care of the needs of people in State 
after State after State.
  In the richest country on the face of the Earth, no family, no child, 
no senior citizen should be forced to go cold this winter. I am afraid 
that unless we act, and act very quickly, that is exactly what will be 
happening.
  We hear a lot of talking about energy funding around here. Not every 
piece of legislation, in fact, is an emergency. This is an emergency. 
As we speak tonight, people all over this country do not have enough 
money to stay warm. That situation will only get worse. We have to act, 
and we have to act now.
  Let me again thank the many cosponsors of this legislation. It is 
certainly bipartisan. There are cold people in Republican States, 
Democratic States, Independent States. We have to act together, and we 
have to move as rapidly as we can.
  I am offering this amendment now on the Indian health bill. I will 
offer it at every opportunity I can. I look forward to working with the 
Members of the Senate to see that we do the right thing so that no 
American goes cold this winter.
  Ms. COLLINS. Mr. President, I wish to discuss funding for the Low 
Income Home Energy Assistance Program, commonly known as LIHEAP. LIHEAP 
is a Federal grant program that provides vital funding to help low-
income and elderly citizens meet their home energy needs.
  Due to record-high oil costs, the situation for our neediest citizens 
is especially dire this winter. That is why I have sponsored Senator 
Sanders' amendment to increase LIHEAP funding by $800 million.
  Nationwide, over the last 4 years, the number of households receiving 
LIHEAP assistance increased by 26 percent from 4.6 million to about 5.8 
million, but during this same period, Federal funding increased by only 
10 percent. The result is that the average grant declined from $349 to 
$305. In addition, since August 2007, crude oil prices quickly rose 
from around $60 a barrel to nearly $100 a barrel earlier this month, so 
a grant buys less fuel today than it would have just 4 months ago. 
According to Maine's Office of Energy Independence and Security, the 
average price of heating oil in our State is $3.30 per gallon, which is 
$1.09 higher than at this time last year.
  This large, rapid increase, combined with less LIHEAP funding 
available per family, imposes hardship on people who use home heating 
oil to heat their homes. Low-income families and senior citizens living 
on limited incomes in Maine and many other States face a crisis 
situation in staying warm this winter.
  The Sanders amendment would provide an additional $800 million as 
emergency funding for LIHEAP. The term ``emergency'' could not be more 
accurate. Our Nation is in a heating emergency this winter. Families 
are being forced to choose among paying for food, housing, prescription 
drugs, and heat. No family should be forced to suffer through a severe 
winter without adequate heat.
  I urge all my colleagues to support the Sanders proposal to provide 
vital home energy assistance for the most vulnerable of our citizens.
  Mr. SMITH. Mr. President, I rise today to speak in favor of 
reauthorizing the Indian Health Care Improvement Act, IHCIA, of which I 
am a cosponsor. Like many of my colleagues, I feel that passing this 
legislation is long overdue. Since its enactment in 1976, the IHCIA has 
provided the framework for carrying out our responsibility to provide 
Native Americans with adequate health care. As we know, the act has not 
been updated in more than 16 years, despite the growing need among 
Native Americans.
  We cannot allow the health of Native Americans to remain in jeopardy 
for yet another year. The reauthorization legislation is a major step 
in addressing the growing health disparities that Native Americans 
face. The act makes much needed changes to the way the Indian Health 
Service, IHS, delivers health care to Native Americans and is the 
product of significant consultation and cooperation with Tribes and 
health care providers.
  I would like to thank Chairman Dorgan and Vice Chair Murkowski for 
their leadership and for building on the momentum from the last 
Congress to reauthorize this act.
  The IHCIA was last reauthorized in 1992. Now 16 years later, another 
reauthorization is necessary to modernize Indian health care services 
and delivery and improve the health status of Native American people to 
the highest level possible.
  A September 2004 report released by the United States Commission on 
Civil Rights gives us a snapshot of the health crises Native Americans 
face. Native Americans are 770 percent more likely to die from 
alcoholism, 650 percent more likely to die from tuberculosis, 420 
percent more likely to die from diabetes, 52 percent more likely to die 
from pneumonia or influenza, and 60 percent more likely to die of 
suicide.
  Also, according to the CDC, American Indians and Alaska Natives, AI/
AN, also have the highest rate of suicide in the 15- to 24-year-old age 
group, and suicide is the second leading cause of death among Native 
American youth aged 10 to 24. The overall rate of suicide for American 
Indians and Alaska Natives is 20.2 per 100,000, or approximately double 
the rate for all other racial groups in the United States. Given these 
circumstances, the life expectancy for Native Americans is 71 years of 
age, nearly 5 years less than the rest of the U.S population.
  Many serious health issues affect our Native American population. 
Yet, today, funding levels meet only 60 percent of demand for services 
each year, which requires IHS, tribal health facilities and 
organizations, and urban Indian clinics to ration care, resulting in 
tragic denials of needed services. Reauthorization of the act will 
facilitate the modernization of the systems, such as prevention and 
behavioral health programs for the approximately 1.8 million Native 
Americans who rely upon the system. I sincerely hope that we can pass 
this legislation and send it to the President for his signature.
  Although this bill makes vast and necessary improvements upon current 
law, it is not perfect. In my home State of Oregon, as well as in many 
other States across the country, there is concern that the current bill 
creates inequities among the tribes related to the distribution of 
health care facilities funding. Senator Cantwell and I intend to offer 
an amendment that we

[[Page 507]]

are hopeful can resolve this issue because, ultimately we must ensure 
that all tribes are treated equitably.
  The current priority system outlined in S. 1200 seems to favor health 
facility construction in a few States and will harm Oregon's tribes as 
well as many others across the country. Since the original bill was 
drafted, the IHS and tribes have worked together to develop a new and 
more equitable construction priority system that more fairly allocates 
funds across Indian Country. This priority system includes the 
development of an area distribution methodology. This proposed 
methodology would provide for a portion of facility construction funds 
to be used to build health facilities that are not part of the current 
facilities priority system. Unfortunately, the language in S. 1200 does 
not explicitly account for this agreement made between the tribes and 
IHS through the National Steering Committee. Many tribes in Oregon and 
around the country have never received any construction funding and are 
concerned that the proposed language is outdated and will continue to 
cause their facilities to lose priority to the extent that it could be 
20 to 30 years until facility upgrades would occur.
  I offered an amendment during the May 2007 Senate Committee on Indian 
Affairs markup of S. 1200 that would have allowed for a portion of 
health facility construction funds to be distributed equitably among 
all of the IHS areas for local health facilities projects. I withdrew 
my amendment because Chairman Dorgan assured me that he would work with 
me to find a suitable compromise before the bill went to the floor. 
Since then, I have been working with my colleagues and national tribal 
organizations to develop compromise language. Yet, given all of this 
effort, some Senators are unwilling to compromise.
  Therefore, Senator Cantwell and I intend to offer our amendment which 
represents an appropriate middle ground for all tribes. I hope my 
colleagues will vote in favor of this amendment, and I look forward to 
continuing to work with them to explore other creative ways to identify 
approaches that address everyone's interest and ensures that all Native 
American Indians receive the health care they need and deserve.
  I am pleased to see that the bill contains my legislation, the 
American Indian Veteran Health Care Improvement Act. This legislation 
would encourage collaborations between the Department of Health and 
Human Services, HHS, and the Department of Veterans Affairs, VA, 
resulting in greater access to health care services for American Indian 
and Alaska Native, veterans of federally recognized tribes. This 
legislation also would ensure that these AI/AN veterans eligible for VA 
health care benefits delivered by IHS, an Indian tribe, or tribal 
organization will not be liable for any out of pocket expenses.
  American Indians and Alaska Natives have a long history of exemplary 
military service to the United States. They have volunteered to serve 
our country at a higher percentage in all of America's wars and 
conflicts than any other ethnic group on a per capita basis. As a 
result, they have a wide range of combat related health care needs. AI/
AN veterans may be eligible for health care from the Veterans Health 
Administration, VHA, or from IHS or both. Despite this dual 
eligibility, AI/AN veterans report the highest rate of unmet health 
care needs among veterans and exhibit high rates of disease risk 
factors.
  On February 25, 2003, HHS and the VA entered into a Memorandum of 
Understanding, MOU, to encourage cooperation and resource sharing 
between IHS and the VHA. The goal of the MOU is to use the strengths 
and expertise of both organizations to increase access, deliver quality 
health care services, and enhance the health status of AI/AN veterans. 
These collaborations are designed to improve communication between the 
agencies and tribal governments and to create opportunities to develop 
strategies for sharing information services and technology. The 
technology sharing includes the VA's electronic medical record system, 
bar code medication administration, and telemedicine. Also, the VA and 
IHS cosponsor continuing medical training for their health care staffs. 
The MOU encourages VA, tribal, and IHS programs to collaborate in 
numerous ways at the local level. These services may include referrals 
for specialty care at a VA facility, prescriptions offered by the VA, 
and testing not offered by IHS.
  At the local level, many partnerships are being formed among IHS, the 
VA, and tribal governments to identify local needs and develop local 
solutions. These may include outreach and enrollment for the VA's 
health system, initial screenings, and other health care services. The 
anticipated product of these collaborations is to ensure that quality 
health care is provided to all eligible AI/AN veterans.
  In my State, the Portland VA Medical Center and the Portland Area 
Office-IHS are working on a local MOU for the purpose of improving 
access to VA health care services for eligible AI/AN veterans. The Warm 
Springs Confederated Tribes have been instrumental in developing this 
agreement based on the needs of AI veterans on the Warm Springs 
Reservation. These veterans often are eligible for health benefits from 
both the VA and IHS, and it is their intended purpose to make care more 
seamless, thereby improving access and quality.
  In November 2001, President George W. Bush proclaimed National 
American Indian Heritage Month by celebrating the role of the 
indigenous peoples of North America in shaping our Nation's history and 
culture. He said, ``American Indian and Alaska Native cultures have 
made remarkable contributions to our national identity. Their unique 
spiritual, artistic, and literary contributions, together with their 
vibrant customs and celebrations, enliven and enrich our land.''
  An important part of the overall contribution of AI/AN peoples to our 
Nation is the part they play in protecting and preserving our freedoms. 
Their contributions to our Armed Forces have been made throughout our 
history. I am hopeful that the VA and IHS will continue to work 
together to deliver health care services to our Nation's AI/AN veterans 
that they so deserve. I look forward to hearing about more of these 
partnership projects, and to learn of their successes.
  As I mentioned earlier, Native Americans have some of the highest 
suicide rates in our Nation. That is why it is so critical that we 
increase physical and mental health services to this population and, 
ultimately, that we pass this bill. I am proud to have cosponsored the 
telemental health language in this bill. The bill would authorize a 
demonstration project to use telemental health services for suicide 
prevention and for the treatment of Indian youth in Indian communities. 
The Indian Health Service would carry out a 4-year demonstration 
program under which five tribes, tribal organizations or urban Indian 
organizations with telehealth capabilities could use telemental health 
services in youth suicide prevention and treatment.
  I also would like to speak to my support of the Urban Indian Health 
Program, UIHP. It constitutes only 1 percent of IHS's budget; however, 
34 UIH centers provide care for nearly 70 percent of the Native 
American population residing in cities. According to the 2000 Census, 
nearly 70 percent of Americans identifying themselves as having 
American Indian or Alaska Native heritage live in urban areas.
  In my home State of Oregon, the Native American Rehabilitation 
Association of the Northwest, NARA, an urban Indian health provider, 
has been in existence for over 37 years and provides education, 
physical and mental health services, and substance abuse prevention and 
treatment that is culturally appropriate to Native Americans and other 
vulnerable people. NARA is an Indian-owned and operated nonprofit urban 
Indian health clinic that annually serves over 4,000 people including 
257 tribes and bands, of which 25 percent are from Oregon. NARA's 
health clinic delivers health care services to tribal members from over 
half of the federally recognized tribes that reside in about 30 States. 
Notably, NARA is a grant recipient of the Garrett Lee

[[Page 508]]

Smith Memorial Act, which it uses to serve Oregon's tribes.
  The UIHP has been a fixture of the Indian Health Care Improvement Act 
since its initial passage in 1976, principally serving urban Indian 
communities in those cities where the Federal Government relocated 
Indians during the 1960s and 1970s. Notably, the Federal Government 
relocated thousands of tribal members to Portland at that time. 
Although the UIHP overwhelmingly serves citizens of federally 
recognized tribes, it has the authority to serve other Native 
Americans, largely those who have descended from the Federal 
relocatees. S. 1200 provides a modest expansion of authority for the 
UIHP to engage in a wider array of health related programs, consistent 
with the many changes that have occurred in health delivery in the 
United States since the IHCIA was last reauthorized 16 years ago.
  Proposals to eliminate or even limit the UIHP within the IHS would 
have far-reaching and devastating consequences. Urban Indian health 
clinics report that the elimination of Federal support would result in 
bankruptcies, lease defaults, elimination of services to tens of 
thousands of Indians who may not seek care elsewhere, an increase in 
the health care disparity for American Indians and Alaska Natives, and 
the near annihilation of a body of medical and cultural knowledge 
addressing the unique cultural and medical needs of the urban Indian 
population held almost exclusively by these programs. Notably, Urban 
Indian health clinics typically leverage IHS funding 2:1 from other 
sources.
  Urban Indian health clinics provide unique and nonduplicable 
assistance to urban Indians who face extraordinary barriers to 
accessing mainstream health care. Many Native Americans are reluctant 
to go to health care providers who are unfamiliar with and insensitive 
to Native cultures. Urban Indian programs not only enjoy the confidence 
of their clients but also play a vital role in educating other health 
care providers in the community to the unique needs and cultural 
conditions of the urban Indian population. Urban Indian health clinics 
also save costs and improve medical care by getting urban Indians to 
seek medical attention earlier; Provide care to the large population of 
uninsured urban Indians who otherwise might go without care; and reduce 
costs to other parts of the Indian Health Service system by reducing 
their patient load.
  More than 30 years ago, President Ford saw the great need and had the 
wisdom to sign into law the Indian Health Care Improvement Act. His 
signature was a promise made to American Indians that the Federal 
Government would work to improve their health status. That promise is 
one that we must not back away from. Reauthorizing this act is a 
reaffirmation of that commitment and proves that we understand there is 
work yet to be done to further improve Indian health.
  Again, I am thankful to Chairman Dorgan and Vice Chair Murkowski for 
their leadership and for building on the momentum from the last 
Congress to reauthorize the act. I hope that we can swiftly resolve any 
remaining issues and get this long-overdue bill signed into law.
  I would like to close my statement with a quote from Mourning Dove, 
the literary name of Christine Quintasket, a Salish tribal woman from 
the Pacific Northwest now recognized as the first Native American woman 
to publish a novel (1888-1936). ``Everything on the earth has a 
purpose, every disease an herb to cure it, and every person a mission . 
. . this is the Indian theory of existence.''
  There are indeed cures and treatments for the maladies that 
disproportionately afflict Native Americans: diabetes, alcoholism, and 
suicide. The purpose and the mission of this bill is to connect those 
cures with those who need it the most--those who have sought it the 
longest--and through chapters of our history, have a unique claim to 
those cures and treatment.
  Mr. COCHRAN. Mr. President, I am a cosponsor of the Indian Health 
Care Improvement Act, which provides updated objectives and policy for 
addressing the health needs of American Indians.
  By virtue of many treaties and agreements, the Federal Government has 
a trust responsibility--an obligation--to provide a variety of basic 
needs, including healthcare.
  The Indian Health Care Service estimates that it provides about 60 
percent of the health care that is needed in Indian Country: an amount 
that is less than half of what we spend on the health care needs of 
Federal prisoners. Tribes with the resources, try to make up the 
difference. In most cases, the result is an absence of health care.
  In my State, the Mississippi Band of Choctaw Indians has improved its 
health care and the overall health of its population over the last 30 
years. But the sad fact remains that health care on the reservation is 
inadequate.
  For the 9,600 members of the tribe, there are four doctors. The 
hospital has 14 beds. The approximately $8 million the tribe spent last 
year is simply not enough to cover the needs of the Choctaw's growing 
population.
  According to Health Care Financing Review--Summer 2004, Volume 24, 
Number 4--the national health care expenditure average cost per person 
per year was calculated at $5,440. Using the $5,440 estimate, the 
Mississippi Band of Choctaw Indians Health Care System would need over 
$48 million dollars to cover the tribe's health care costs.
  From fiscal year 2000 to fiscal year 2005, there was a 30.4 percent 
increase in the number of patients from the Mississippi Band of Choctaw 
Indians who accessed the health care system. During that same time 
period there was a 41.4 percent increase in the number of ambulatory 
visits.
  According to the CDC, 7 percent of Americans have diabetes. In 
comparison, 20.5 percent of Choctaws have diabetes, one of the highest 
percentages of any tribe in the country. From 2000 to 2005 there was a 
62.3 percent increase in the number of patients diagnosed with 
diabetes.
  My point in telling the Senate these examples is, with adequate 
health care, successful preventive care, appropriate facilities, and 
more health care professionals, lives would be longer and general 
health would improve.
  Statistics for other tribes are similar. Some include alarming 
incidences of suicide, high infant mortality rates, and practically 
nonexistent mental health care.
  This bill includes provisions that promote better communication 
between tribes and the Indian Health Care Service, in order to ensure 
effective administration of the programs meant to assist the well-being 
of the American Indian population.
  I urge my colleagues to vote for the Indian Health Care Improvement 
Act.
  (At the request of Mr. Reid, the following statement was ordered to 
be printed in the Record.)
 Mr. OBAMA. Mr. President, I commend Senator Dorgan and the 
Committee on Indian Affairs for their leadership on the long-overdue 
Indian Health Care Improvement Act, IHCIA, Amendments of 2007.
  The historical treatment of Native Americans is a tarnished mark on 
American history. Lawmakers must ensure that this Nation fulfills its 
treaty obligations to Native Americans and address the injustices that 
continue to be suffered by the first Americans. I am committed to 
making sure that Native Americans are treated with respect, dignity, 
and equality both now and in the future and to ensure that promises 
made by this great Nation are promises kept as well. As such, I believe 
it is this country's moral imperative to address the significant health 
disparities between Native Americans and the American population as a 
whole.
  Diabetes is perhaps the most striking example of such health 
disparities. American Indians have the highest rate of diabetes in the 
world. The American Diabetes Association reports that American Indians 
and Alaska Natives are more than twice as likely to be diagnosed with 
diabetes as non-Hispanic Whites, and the death rate from diabetes is 
three times higher among American Indians and Alaska Natives than the 
rate in the general U.S. population. Yet these statistical averages 
mask the fact that certain tribal populations are

[[Page 509]]

experiencing epidemic rates of diabetes. About half of adult Pima 
Indians, for example, have diabetes. Even worse, on average, Pima 
Indians are only 36 years old when they develop diabetes, which 
contrasts to an average age of 60 years for White diabetics.
  Unfortunately, diabetes is not the only health condition that 
disproportionately affects American Indians. Death rates from heart 
disease and stroke are respectively 20 and 14 percent greater among 
American Indians compared to the average U.S. population. We know the 
infant mortality rate is 150 percent higher for Indian infants than 
White infants. The rate of suicide for Indians is 2\1/2\ times greater 
than the national rate, and methamphetamine use has ravaged Indian 
reservations all across the country.
  Urban Indians are not exempt from these dire health challenges. In 
addition to facing higher than average rates of chronic disease and 
mental health and substance abuse disorders, urban Indians experience 
serious difficulties accessing needed health care services. Given that 
over half of the Native American population no longer reside on 
reservations, our efforts to improve Indian health and health care must 
include explicit focus on the urban Indian population.
  For these reasons, I am proud to be an original cosponsor of the 
Indian Health Care Improvement Act. Our tribal health care programs 
must be modernized and prepared to provide preventive and chronic 
disease health care services and to address other key issues such as 
access and quality of care concerns. And these activities must be 
supported while honoring the principle of tribal sovereignty.
  The bill before us would enact much needed advancements in the scope 
and delivery of health care services to Native Americans. In 
particular, it authorizes a host of new health services, makes crucial 
organizational improvements, and provides greater funding for 
facilities construction. Through scholarships, investments in 
recruitment activities, loan repayment programs, and grants to 
institutions of higher education, IHCIA also takes steps to help 
increase the number of Native Americans entering the health services 
field.
  I am especially pleased that the bill addresses well-documented 
health problems affecting urban Indian communities as well. This 
proposal provides grants and increased aid for diabetes prevention and 
treatment, community health programs, behavioral health training, 
school health education programs, and youth drug abuse programs in 
urban areas.
  I trust my colleagues will agree with me on the critical need to 
address health disparities facing the Native American community. I urge 
the Senate to act quickly to pass this bill.
 Mr. McCAIN. Mr. President, today the Senate is considering S. 
1200, the Indian Health Care Improvement Act, IHCIA, Amendments of 
2007. This bill would reauthorize the IHCIA, the statutory framework 
for the Indian health system, which covers just about every aspect of 
Native American health care.
  I would first like to acknowledge the hard work of Chairman Dorgan 
and my other colleagues on the Senate Indian Affairs Committee for 
their efforts to bring this important legislation to the floor. 
Reauthorization of the IHCIA is critical to the lives of more than 2 
million American Indians and Alaska Natives and is long overdue.
  The IHCIA expired in 2000, and Indian tribes and health organizations 
have been working diligently to see it reauthorized. Seven years ago, a 
steering committee of tribal leaders, with extensive consultation by 
the Indian Health Service, developed a broad consensus in Indian 
Country about what needs to be done to improve and update health 
services for Indian people. During the 109th Congress, we made 
significant progress towards passing a reauthorization bill. 
Unfortunately, the Senate was unable to complete work on that bill 
before adjourning last Congress.
  I believe now as I did when I served as chairman of the Senate Indian 
Affairs Committee during the last Congress that reauthorizing our 
Indian health care programs is a top priority for us, and I hope that 
the Senate will move a sound comprehensive bill through the legislative 
process as quickly as possible. However, there are some key and 
troubling differences between the bill pending before the Senate and 
the proposal I put forward at the end of the last Congress, S. 4122. In 
particular, the new version contains language that would essentially 
authorize the Indian Health Service to promote ``reproductive health 
and family planning'' services. As my colleagues know, I have had a 
longstanding policy against promoting abortion as an acceptable form of 
birth control, except in cases of rape and incest. I strongly believe 
that society and government have a legitimate interested in protecting 
life, born or unborn. Obviously, my thinking on this question applies 
to the unborn children of patients to the Indian Health Service. I 
cannot in good conscience support the promotion of abortions at 
Federally funded IHS facilities or any Federal facilities. I remain 
hopeful the bill will be modified to allow me to supports its swift 
passage.
  I am, however, supportive of the majority of this bill which builds 
upon the principles of Indian self-determination. Over the years, 
Indian health care delivery has greatly expanded and tribes are taking 
over more health care services on the local level. It is our 
responsibility to maintain support for these services and promote high 
standards of quality health care for IHS and its partner units. Among 
the items provided in this bill are provisions exploring options for 
long-term care, governing children and senior issues. It also would 
provide support for recruitment and retention purposes; access to 
health care, especially for Indian children and low-income Indians. 
Further, it would provide more flexibility in facility construction 
programs, consolidated behavioral health programs for more 
comprehensive care, and would establish a Commission to study and 
recommend the best means of providing Indian health care.
  We must remember that nearly 30 years ago, Congress first enacted the 
IHCIA to meet the fundamental trust obligation of the United States to 
ensure that comprehensive health care would be provided to American 
Indians and Alaska Natives. Yet the health status of Indian people 
remains much worse than that of other Americans. They have a shorter 
average lifespan, higher infant mortality rate, and a much higher rate 
of diabetes than the national average. American Indians and Alaska 
Natives are 650 percent more likely to die of tuberculosis, 770 percent 
more likely to die of alcoholism, and 60 percent more likely to die of 
suicide. The suicide mortality rate among Indian youth is three times 
that of the general population.
  I have seen the hard reality of these statistics in the families of 
Arizona tribes as well as tribes across the Nation. Methamphetamine 
addiction, diabetes, alcoholism, and heart disease are epidemics 
devastating the Indian people. Our trust obligation dictates we address 
these health crises on reservations, and I strongly support actions to 
that effect. However, as I stated before, using taxpayer money to 
promote abortion services is something I find highly objectionable and 
will vehemently oppose. I strongly urge my colleagues to support 
efforts to strike these unacceptable provisions and enable this bill, 
which is of critical importance to Indian country, to be 
approved.
  Mr. SANDERS. I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. THUNE. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. THUNE. Mr. President, is the pending business S. 1200, the Indian 
Health Care Improvement Act Amendments of 2007?
  The PRESIDING OFFICER. That is correct.
  Mr. THUNE. Mr. President, I wish to speak to that legislation. The 
Indian Health Care Improvement Act is before the Senate today and 
tomorrow and hopefully will be completed, and we

[[Page 510]]

will be able to vote on some amendments and finally get this 
legislation reauthorized because it is very long overdue and the need 
for its completion cannot be underestimated.
  I represent nine tribes in my State of South Dakota, and in any given 
year, depending on the year we are talking about, as many as five of 
those reservation counties in South Dakota will be in the top 10 
poorest counties in America. These are areas in my State that are 
struggling in so many different ways where many of the basic services 
that those of us who live off the reservations expect on a daily basis 
are just not available.
  One of the things that is desperately needed is access to health 
care, making sure there is quality health care available to people on 
the reservations.
  The Indian Health Care Improvement Act reauthorization has really 
been in the works since 1999-2000. I think the 106th Congress was the 
last time this issue was debated. We have been trying since that time 
to get this bill on the floor and get it reauthorized. It is a critical 
piece of legislation that is so important to the people whom I 
represent and to tribes all across this country and to Native American 
people.
  To give an example of what I am talking about, in South Dakota, 
between 2000 and 2005, Native American infants were more than twice as 
likely to die as White infants. Nationally, Native Americans are three 
times as likely to die from diabetes as compared to the rest of the 
population in the country.
  In South Dakota, a recent survey found that 13 percent of Native 
Americans suffered from diabetes. This is twice the rate of the general 
population in which only 6 percent are suffering from diabetes.
  An individual who is served by IHS is 6.5 times more likely to suffer 
an alcohol-related death than the general population. An individual 
served by an IHS facility is 50 percent more likely to commit suicide 
than the general population.
  I appreciate the time the Senate is taking to debate this bill and 
the serious health issues this bill hopes to address and correct. I 
especially thank the Indian Affairs Committee for working with me to 
help the Yankton Sioux Tribe of South Dakota keep the Wagner emergency 
room open. Our delegation from South Dakota has been working for some 
time in making sure that members of the Yankton Sioux Tribe have access 
to emergency room service 24 hours a day, which is critically 
important.
  The committee was very helpful in making sure that issue was 
addressed in this authorization. I thank them for that help and 
appreciate their work in working with us to that end.
  I also thank them for the work they have done to ensure that the 
Urban Indian Health Program remains a viable and helpful program for 
Native Americans who live off the reservation.
  I am also a cosponsor of an amendment that has been offered by 
Senator Vitter. I reiterate my support for extending the Hyde language 
of this bill in preventing Federal funds being spent on abortions, 
except in cases where the life of the mother is at stake or in case of 
incest or rape.
  I also reiterate my support for Senator Bingaman's amendment. I am a 
cosponsor of that amendment which will extend Medicare payment rates to 
all Medicare providers who accept IHS contracting agreements.
  This amendment hopefully will stretch IHS contracting dollars even 
further and help reduce, even if it is only in a small way, some of the 
shortfalls that currently exist.
  This legislation goes a long way in attempting to improve health care 
throughout Indian country. However, we have to remember there is still 
more, lots more, that we need to do, especially in the area of tribal 
justice and law enforcement in order to help improve the lives of 
individuals who live on and near Indian reservations throughout the 
country.
  Last year, I worked hard to improve tribal justice and law 
enforcement on Indian reservations, and I look forward to partnering 
with my colleagues in the Senate to continue that fight this year to 
make sure we have adequate law enforcement personnel, that we have an 
adequate number of prosecutors so that when crimes are committed, they 
can be prosecuted. But we have to address these very fundamental issues 
if we are going to improve the quality of life for people on the 
reservations.
  As I travel the reservations in South Dakota--and I was at the 
Rosebud Indian Reservation just this last week--what strikes me is, 
people on the reservations, just as those I represent who live off the 
reservations, want the same thing: They want a better life for their 
children, for their grandchildren, for future generations. They want to 
make sure they have security and there is adequate law enforcement and 
they do not have to live in fear when it comes to the issues of crime. 
They want to make sure their children have access to quality education 
and a responsibility that many of us take very seriously, ensuring and 
seeing to it that young people, children on the reservation, have an 
opportunity to learn at the very fastest rate possible, to go through 
elementary and secondary school and then on to higher education if they 
choose to.
  A number of the tribal colleges we support in many cases suffer, 
again, from a lack of funding. They also have to have basic health care 
services, which is what this bill attempts to address. Whether it is in 
the area of dental care, whether it is in the area of basic primary 
care, speciality care, the IHS facilities on the reservations suffer 
from being unable to recruit and retain health care providers. Whether 
it is physicians or dentists--and that is an issue we face as well--we 
need to make sure we have the right incentives in place to attract 
health care providers to serve in reservation areas.
  This bill, as it is currently structured, I believe, will help to 
address that very basic expectation that all people who live on 
reservations have, and that is, when they have a need, they will have 
access to quality health care to address those needs.
  This bill will be debated again tomorrow in the Senate, probably, I 
hope, voted on sometime tomorrow so that we can finally get this 
reauthorization bill through. It has been teed up for some time.
  I appreciate the work the chairman, Senator Dorgan from North Dakota, 
and Senator Murkowski from Alaska, the ranking Republican, have done to 
bring this bill to the floor and, as I said before, to work with us on 
issues important to South Dakota.
  I am also happy to cosponsor a couple of amendments that I hope can 
be adopted--the Vitter amendment and, as I said earlier, the Bingaman 
amendment, which will help make health care more available and take the 
dollars of the IHS and stretch them further when it comes to 
contracting services.
  I urge my colleagues in the Senate to vote for this bill. This should 
be a big bipartisan vote. If anybody cares seriously about improving 
the quality of life on reservations in this country and addressing what 
are deep economic needs, it starts with some of these very basic 
services. It starts with law enforcement security, it starts with 
education, and it starts with health care, and I think this bill takes 
us a long way in the direction of dealing with the health care issues 
that affect so many of our tribes in this country.
  I hope my colleagues in a very big bipartisan way will vote for this 
legislation, support it, and hopefully get it signed into law before 
this year is out.
  Mr. President, I yield the floor, and I suggest the absence of a 
quorum.
  The PRESIDING OFFICER (Mr. Brown). The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. CASEY. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________




                            MORNING BUSINESS

  Mr. CASEY. Mr. President, I ask unanimous consent that there now be a 
period for the transaction of morning business, with Senators permitted 
to speak therein for up to 10 minutes each.

[[Page 511]]

  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________




                        TRIBUTE TO JOHN STROGER

  Mr. DURBIN. Mr. President, tomorrow, the city of Chicago and Cook 
County, IL, will say goodbye to a legend.
  John Stroger was born into poverty in Arkansas at the start of the 
Great Depression. He lived to become the first African American ever 
elected president of the Board of Commissioners of Cook County, IL. He 
lived to be one of the most powerful politicians in my home State.
  He died at 8 o'clock last Friday morning from complications of a 
stroke he suffered almost 2 years ago and from which he never fully 
recovered.
  John Stroger was 78 years old.
  Mayor Daley confirmed the passing of John Stroger at a prayer 
breakfast on that day when we were honoring Dr. Martin Luther King. 
What a fitting coincidence. Dr. King had told us:

       Everybody can be great, because everyone can serve.

  John Stroger spent his life serving.
  John Stroger was a grandson of former slaves who believed in the 
promise of America and believed that government can and should be a 
force for progress.
  He was a man of compassion, integrity, great humor, and great 
political skill. He used all of those qualities to help others.
  He spent his political life breaking down racial barriers and working 
to lift up those who were less fortunate. His lifelong commitment to 
serve those who struggle every day to find affordable, quality medical 
care will certainly be his legacy.
  Many years ago, John Stroger befriended me when I was an unknown 
candidate from Springfield with a few friends in the Chicago political 
world. For me, John Stroger was more than an ally. He was a great 
friend.
  He was also a man of strong opinions. Our mutual friend, Congressman 
Danny Davis of Illinois, once joked that John Stroger ``would argue 
with a signpost.'' But he never held grudges. He was a real gentleman.
  He was also a champion for working families and the poor. As Cook 
County board president from 1994 to 2006, John Stroger opened doors of 
opportunity in government and business for women and minorities and 
improved the county's bond rating.
  He made county government more responsive by changing the way 
commissioners are elected.
  He created a special domestic violence court.
  And then there is the achievement of which he was probably most 
proud: the construction in the year 2002 of a state-of-the-art hospital 
to serve the poor, the uninsured, and the underserved of Cook County 
and the Chicagoland area.
  At a time when public hospitals across America are having to turn 
people away, John Stroger still believed that every person deserved the 
dignity and security of basic health care and lifesaving medicine.
  The Chicago Sun Times noted:

       John Stroger was so much larger than life they did not even 
     wait until he was dead to put his name on the Cook County 
     Hospital he defied the critics to build.

  The John H. Stroger Hospital of Cook County, IL, is just one way that 
the legacy of this remarkable man will continue to serve the people and 
city he loved for years to come.
  Mr. President, I remember when John Stroger decided that this 
hospital was going to be built. There were scores of critics. Why in 
the world would we want to build a hospital for poor people? John 
Stroger knew the answer to that question. It was an answer from his 
heart: Because that is what America does. America cares for the poor. 
America provides the poor in Cook County and all across our Nation with 
the same kind of quality care that we all want for our families.
  John Stroger knew that. His battle for that hospital ended up in one 
of the great success stories of public life in Illinois.
  John Stroger was born in 1929 in Helena, AR--the oldest of four kids. 
His father was a tailor, his mother worked as a maid. The family lived 
in a three-room shack with no electricity and no indoor plumbing.
  John Stroger later described it for a Sun Times reporter when he 
said: ``We didn't have any boots, and we didn't have any straps.''
  He graduated from Xavier College in New Orleans in 1952 with a degree 
in business administration. He was proud of Xavier to the last day I 
ever spoke to him. He always spoke with great pride about that college. 
He moved back to Arkansas and spent a year teaching high school math 
and coaching basketball. When he came home one day, his mom had packed 
a suitcase. She told him she had arranged for him to move to Chicago 
because there would be more opportunities for a young black man.
  John Stroger had caught the political bug years earlier. After 
hearing a speaker in Arkansas say that the election of President Harry 
Truman would lead to full rights for African Americans, he had 
organized voters and tried to persuade them to pay the poll tax so they 
could vote.
  In Chicago, there was no poll tax, but there were other obstacles to 
full political participation for African Americans in the 1950s. Over 
the next four decades, John Stroger fought them all.
  In 1968, he was named Democratic committeeman for South Side's Eighth 
ward--the first African-American committeeman for that famous ward. Two 
years later, John was elected to the Cook County Board. In 1994, he 
became board president. He was running for his fourth term in 2006 when 
he suffered a stroke a week before the primary.
  John was my friend. The last picture we had taken together was at the 
St. Patrick's Day march, a legendary march in Chicago. There was John, 
with his big smile and big green sash, standing next to me and Mayor 
Daley. I am going to treasure that photo. I think it was one of the 
last taken of John as a candidate.
  After he suffered a stroke, the Chicago Tribune ran an editorial that 
read, in part:

       If John Stroger ever anticipated a career farewell, he 
     surely saw himself shaking hands with everyone--his allies, 
     his adversaries, the bypassers captivated if only for a 
     moment by one of the more genuine personalities in Chicago 
     politics.

  The Tribune went on to write:

       But he likely didn't anticipate a farewell. He wouldn't 
     have enjoyed those elaborate exercises in staged finality. 
     Politics and governance were his life; an intimate says the 
     prospect of retirement unnerved him. Even in this awkward 
     moment, we know he leaves public office just as he occupied 
     it: Without a grudge, without a complaint, and with precious 
     few regrets.

  Those were the words of the Chicago Tribune, not always John 
Stroger's political friend.
  The mayor and Members of Congress and the city council and even a 
former President of the United States have praised John Stroger's life 
and legacy these past days--and rightly so. But I think the eulogy John 
Stroger would have liked best wasn't offered by a politician.
  Clyde Black runs a shoeshine operation in the City Hall-County 
Building complex in Chicago. Years ago, John Stroger gave him a helping 
hand to start his little business. As word of President Stroger's death 
spread last Friday, Clyde Black told a reporter:

       He changed my life--made me a better person. He's someone 
     we all dearly miss a lot.

  It is a sentiment I and many others share.
  I offer my deep condolences to President Stroger's family, especially 
his wife Yonnie. What a wonderful woman, by his side throughout his 
political life and by his bedside as his illness lingered on for years; 
their daughter Yonnie Clark; their son and my friend Cook County Board 
President Todd Stroger, his family; and their two grandchildren. 
America and the State of Illinois have lost a great leader and I have 
lost a great friend.
  I yield the floor.

                          ____________________




                      UNION LEAGUE CLUB OF CHICAGO

  Mr. DURBIN. Mr. President, I wish to congratulate the Union League 
Club of Chicago and its Boys and Girls Clubs.

[[Page 512]]

This month they celebrate an important milestone.
  The Union League Club of Chicago was founded in 1879, adopting the 
motto ``commitment to country and community.'' Throughout its long and 
distinguished history, the Union League Club of Chicago has maintained 
a strong tradition of civic involvement. Over the years, Club members 
have been a part of politics and society, advocating on issues ranging 
from election reform to the death penalty. The Union League Club of 
Chicago also helped develop community support for cultural institutions 
as they were coming into the community, including Orchestra Hall, the 
Field Museum, and the Harold Washington Library Center.
  In 1920, recognizing a critical need in the community, the Union 
League Club of Chicago established the Union League Boys Club, a club 
designed to serve the large population of underprivileged children in 
Chicago.
  Today, the club opens the doors of its four Chicago area facilities 
to disadvantaged youth who are in communities with some Chicago's the 
lowest educational attainment levels and highest dropout and poverty 
rates. In addition to providing wholesome social and recreational 
opportunities, the Union League Boys and Girls Clubs offer a wide 
variety of structured programs that emphasis character building and 
empowerment.
  The clubs provide a safe and inviting refuge for young Chicagoans, 
free from the negative influences of drugs, gangs, and violence. 
Studies have shown that afterschool programs, like those offered by the 
Union League Boys and Girls Clubs, can reduce urban crime rates by 
keeping teens off the streets and providing positive alternatives.
  At each club, members are served balanced snacks and meals and given 
nutritional guidance they can use when not at the club. The clubs also 
provide an environment in which students can tackle their homework, 
with assistance when they need it and access to personal computers. Not 
surprisingly, club members average significantly higher grade point 
averages than their peers.
  A full-time professional staff, assisted by part-time workers and 
volunteers, provides high school students with career guidance and job 
training to help young club members become responsible citizens. Each 
year, the clubs award scholarships to help members pay for college or 
trade school.
  In the summer, members take advantage of the 250-acre summer camp 
owned by the clubs. Located a short distance north of the Illinois-
Wisconsin border, the camp gives Chicago youth an opportunity to 
experience and enjoy the outdoors.
  This month, the Union League Boys and Girls Clubs realize a 
remarkable achievement. For the first time in its 87-year history, the 
Clubs will enroll the 10,000th member in a single program year.
  Mr. President, I join the Chicago community in commending the Union 
League Club of Chicago and its Boys and Girls Clubs for outstanding 
commitment to the welfare of the community and for enriching thousands 
of young lives--in the past, today, and for decades to come.

                          ____________________




                       RETIREMENT OF GREG HARNESS

  Mr. BYRD. Mr. President, on January 31, 2008, the Senate Librarian, 
Mr. Greg Harness, will retire. With his departure, we will lose a 
dedicated, loyal, and very important member of the Senate family.
  The Senate Library is a fundamental part of the U.S. Senate. 
Operating under the direction of the Secretary of the Senate, the 
Senate Library serves as both a legislative and general reference 
library, and provides a wide variety of information services to 
Senators and our staffs in a prompt and timely fashion. It maintains a 
comprehensive collection of congressional and governmental publications 
and of materials relating to the specialized needs of the Senate.
  The origins of this unique and important institution date back to 
1792, when the Senate directed the Secretary ``to procure and deposit 
in his office, the laws of the states, for the use of the Senate.'' The 
first Senate Librarian to be appointed was George S. Wagner, who 
officially commenced his duties on July 1, 1871.
  In 1997, Greg Harness became the 17th Senate Librarian. A native of 
North Dakota, Mr. Harness began work in the Senate Library on October 
20, 1975, as a reference librarian. He planned to work only a few years 
in Washington and then return to North Dakota to attend law school. 
Fortunately, his plans changed.
  Mr. Harness continued his employment in the Senate Library for the 
next 32 years. As a reference librarian, Mr. Harness was a wonderful 
and pleasant person with whom to work. He undertook every request, no 
matter how large or small, how urgent or demanding, whether from the 
majority or the minority, and answered it effectively, professionally, 
and promptly. He always took that extra step to ensure that the Senator 
or his staff member received the best, the most accurate, and the most 
recent information.
  As the Senate Librarian, Mr. Harness directed the administrative and 
professional operations of the Senate Library. He oversaw the movement 
of the Library from the Capitol to the Russell Building in 1999 and 
oversaw the design of the new Senate Library. More important, he 
continued that same cooperative, helpful attitude that he had always 
displayed as a reference librarian. As a result, he set a model of 
superior service for his entire staff.
  Mr. President, I want to take this opportunity to thank Mr. Harness 
for his years of loyalty to the Senate, as well as his dedicated and 
distinguished service. And, I want him to know that my staff and I will 
certainly miss him. I wish him happiness and success as he enters the 
next phase of his life.

                          ____________________




                TRIBUTE TO MAJOR GENERAL DONALD C. STORM

  Mr. McCONNELL. Mr. President, I wish to honor a respected Kentuckian, 
MG Donald C. Storm, who has nobly served the United States and Kentucky 
for 37 years.
  In 1970, General Storm enlisted in the U.S. Army, serving with 
Military Assistance Command Vietnam. After 2 years of Active Duty, he 
continued to serve his country in the Kentucky National Guard. Years of 
accomplishment and experience earned General Storm the appointment to 
Adjutant General of the Kentucky National Guard by Governor Ernie 
Fletcher in 2003. Regretfully, after 37 years of service and 4 years in 
that post, General Storm has decided to retire. Because of his 
dignified and unwavering commitment to the citizens of this country and 
the Commonwealth of Kentucky, I stand to honor him today.
  General Storm has served the Commonwealth and its citizens in superb 
ways. He was an advocate for the destruction of marijuana, supporting 
the Marijuana Eradication Program; he oversaw a recruitment program 
that exceeded its goals; and finally, he was a true leader and 
supporter of his troops. General Storm was known for his dedication to 
the care of his soldiers and their families, celebrating with them in 
times of victory and mourning with them in times of loss.
  Storm has clearly proved himself a man of honor and dignity who 
represents not only his country proudly but his State proudly. I wish 
General Storm and his family much happiness after retirement, and I ask 
my colleagues to join me in honoring General Storm for his dedication, 
patriotism, and willingness to give so much of himself for the good of 
his country and his fellow Kentuckians.
  Mr. President, recently the Lexington Herald-Leader published a story 
about Major General Storm, ``Generally Speaking; Retiring Guard chief's 
mission: `Take care of the troops.''' I ask unanimous consent to have 
the full article printed in the Congressional Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

[[Page 513]]



           [From the Lexington Herald-Leader, Jan. 13, 2008]

Generally Speaking; Retiring Guard Chief's Mission: ``Take Care of the 
                                Troops''

                            (By Jim Warren)

       Lexington, KY.--The pace of life is slower these days 
     around Donald Storm's Elizabethtown home.
       No more dashing to catch planes for Iraq. No more late-
     night phone calls about soldiers lost. No more need to put on 
     the uniform.
       After a 37-year military career, Storm, the former Kentucky 
     adjutant general, is relearning civilian life.
       Storm had hoped to be retained as adjutant general in the 
     new administration of Gov. Steve Beshear. But the governor 
     chose to replace him with Brig. Gen. Edward W. Tonini, 61, 
     former chief of staff for the Kentucky Air National Guard.
       Storm could have elected to remain in uniform, but that 
     would have required him to move to another state guard 
     program with a slot for someone of his rank, or take a post 
     at the National Guard Bureau in Washington. But he chose 
     retirement, and respite from the stresses and strains of 
     commanding the Kentucky National Guard during its most 
     difficult period in more than 30 years.
       Storm did not escape controversy during his tenure, but is 
     generally remembered for working hard to support the troops 
     he led.
       During his watch, the Kentucky Guard sent thousands of 
     soldiers to Iraq and Afghanistan, losing troops in both 
     countries. It sent units to Louisiana to help in the recovery 
     from Hurricane Katrina, and dispatched about 1,000 soldiers 
     to help monitor the U.S.-Mexico border in Operation Jump 
     Start. Add peace-keeping duties in Bosnia, and Homeland 
     Security assignments, and about 9,400 Kentucky Army and Air 
     National Guard members were deployed over the course of 
     Storm's tenure--more than the entire membership of the state 
     guard when Storm became adjutant general.
       Storm was the guard's chief of staff in December 2003, when 
     incoming Gov. Ernie Fletcher appointed him to be adjutant 
     general, succeeding D. Allen Youngman.
       ``Little did I know then that I would face some of the 
     things I had to face,'' Storm said.
       Sgt. Darrin Potter of Louisville, the first Kentucky 
     National Guard member lost in combat since Vietnam, had died 
     in Iraq about two months before Storm's promotion. Many 
     others would follow during the next four years. Officially, 
     15 Kentucky Guard members were lost in combat while Storm was 
     in command. He personally includes two others who were on 
     inactive guard status when they were killed while working for 
     private security firms in Iraq. Once a guard member, always a 
     guard member, Storm believes.
       Today, he admits that losing soldiers was the one part of 
     his job he wasn't prepared for.
       The period from March through September 2005 was 
     particularly bloody, for example, with six guard members 
     killed in action. That year also saw one of the Kentucky 
     Guard's proudest moments, as members of the Richmond-based 
     617th Military Police Company fought off a furious insurgent 
     attack on a convoy at Salman Pak on March 20, 2005. Three 
     unit members, including a woman, were awarded the Silver 
     Star. One of them, Sgt. Timothy Nein, later received the 
     Distinguished Service Cross, the nation's second-highest 
     military decoration.
       But displays of undaunted courage could never offset the 
     pain of lost lives. Attending funerals and consoling the 
     families of lost soldiers became an all-too-common part of 
     Storm's job.
       ``Sergeant Potter had died,'' he recalled, ``and then it 
     was just one right after another.''
       It was particularly painful because Storm, through his many 
     years in the guard, personally knew many of those who were 
     lost.
       ``I'm going to admit that it took a toll on me,'' Storm 
     said. ``I don't think I fully understood how much of a toll 
     it was at the time. But it was the toughest thing I ever went 
     through . . . the losses of these soldiers and the tremendous 
     sacrifices of their wonderful families. I just grieved with 
     all of them.''
       Storm, a native of Laurel County, began his military career 
     as an enlisted man, serving in Vietnam in 1971-72. He never 
     planned to be a soldier--he says he just wanted to get a 
     college education--but he quickly found that he liked the 
     regimentation and the values of life in uniform. He joined 
     the Kentucky National Guard after his Army enlistment ended. 
     He was commissioned a first lieutenant in 1981, beginning a 
     steady rise through the ranks. By the time Storm took over 
     the top job, he had held virtually every major post in the 
     Kentucky Guard.
       Storm sometimes sounds like a social philosopher when he 
     speaks on the importance of military service.
       ``Military power,'' he says, ``is one of the four types of 
     power you must have to support a nation state--information 
     power, diplomatic power, economic power and military power. 
     The fifth common denominator is the will of the people.''
       No one had to convince Storm that invading Afghanistan and 
     Iraq were the right things to do. He said he had seen the 
     plight of the common people in both lands and felt that 
     liberating them was a proper use of American force.
       He admits that he didn't expect the war in Iraq to drag on 
     this long, though he says he knew it would be ``a long hard 
     road'' once the insurgency kicked into high gear in 2004. But 
     he says he was never discouraged, even when polls began to 
     show declining citizen support for the war.
       ``I could see the light at the end of the tunnel, which was 
     something that our people here at home didn't have the 
     opportunity to see,'' he said. ``I knew that if we stayed the 
     course . . . that removing Saddam . . . would bode well for 
     free people and the other countries in that part of the 
     world.''
       Storm says he personally saw off every Kentucky guard unit 
     as it left for the war zone except one (he was on his way to 
     Iraq himself at the time), and greeted every unit when it 
     came home. He made eight trips to Iraq, Afghanistan and 
     Kuwait to visit Kentucky troops and encourage them.
       ``I tried to make it my business to meet as many of the 
     soldiers as I could, and let them know how much the people of 
     Kentucky appreciated their service,'' he said. ``You know, 
     it's not about generals. It's about soldiers and airmen.''
       Storm, however, drew some fire in April 2005, after a 
     Kentucky Guard member in Iraq went public with complaints 
     that his unit was saddled with old, inadequately armored 
     trucks. It happened shortly after a Kentucky guardsman died 
     when a roadside bomb detonated near his vehicle. Storm 
     responded that he didn't agree with the soldier going outside 
     channels to raise a complaint, but that he would work to get 
     better equipment for Guard units in Iraq.
       The adjutant general found himself in hot water again in 
     March 2007, after an usual appearance in the State Senate, 
     where he made a last-minute appeal in support of an income-
     tax break for Kentucky military personnel that was stuck in 
     the State House. Some House leaders, including Speaker Jody 
     Richards, attacked Storm's comments as a ``shameless, 
     partisan diatribe.'' The Louisville Courier-Journal ran an 
     editorial saying Storm should be replaced as adjutant 
     general.
       Storm maintains that his ``whole deal'' always was ``to 
     take care of the troops.''
       Nowadays, he believes the work and sacrifices of the 
     soldiers in Iraq are beginning to pay off. He sees the 
     decline in violence since last summer as proof that ``we have 
     turned the corner.'' The question, he says, is whether the 
     improvement can be sustained as U.S. troops sent over for the 
     ``surge'' start returning home in coming weeks.
       ``I pray that we can sustain this,'' he said. ``You never 
     know in that part of the world because there are so many 
     factions to deal with.
       ``But, boy, it sure does look great now. And if we can pull 
     it off, it would be one of the greatest accomplishments ever 
     for world peace . . . because the enemy we face is real. They 
     want to destroy the western world and all the freedoms we 
     enjoy.''
       Storm won't be in uniform to see the victory he hopes for. 
     But he says the biggest thing he will miss is simply serving 
     in the Kentucky National Guard.
       ``The Kentucky National Guard is probably the best Guard 
     unit in America,'' he says. ``That's what some three- and 
     four-star generals will tell you. And it's because of all 
     these great Kentuckians who have stood up, particularly after 
     9/11, to serve the State and the Nation. I'm so proud of the 
     way they answered the call.''

                          ____________________




   REPORT ON FOREIGN TRAVEL TO THE UNITED KINGDOM, ISRAEL, PAKISTAN, 
                  JORDAN, SYRIA, AUSTRIA, AND BELGIUM

  Mr. SPECTER. Mr. President, I rise to comment about a trip which I 
made over the recess during the period from December 22 of last year to 
January 4 of this year on travels which I undertook with visits to the 
United Kingdom, Israel, Pakistan, Jordan, Syria, Austria, and Belgium.
  The stop which Congressman Patrick Kennedy and I made in Pakistan was 
an extraordinary visit, a shocking visit, and a visit at a time of 
great tragedy.
  On Thursday, December 27, Congressman Kennedy and I were scheduled to 
meet with Benazir Bhutto in Islamabad. She had set the meeting for 9 
p.m., at the end of a busy day of campaigning. While we were preparing 
to go that night to an earlier dinner with the President of Pakistan, 
President Musharraf, and then plans to go on to meet with Benazir 
Bhutto, we were informed, within 2 hours of our planned meeting with 
Ms. Bhutto, that she had been brutally assassinated. It was obviously a 
great shock, a great loss to Pakistan, obviously, a great loss to her 
family, and really a loss to the world because she had the unique 
potential to

[[Page 514]]

unite Pakistan and to provide leadership in a very troubled country.
  Pakistan has nuclear weapons, and it is an ongoing matter of concern 
as to whether those nuclear weapons are being adequately protected. 
President Musharraf assured us that they were. So did the Chairman of 
the Joint Chiefs of Staff. And we accept those assurances. But with 
Pakistan in a condition with militants there, there is always the worry 
and concern, and it would be reassuring, comforting, if there can be 
political stability in Pakistan. It is our hope that will occur with 
the oncoming elections.
  But whether Benazir Bhutto would have emerged as Prime Minister, as 
the leader, remained to be seen. But certainly she had extraordinary 
potential. Those who have seen her on television know she was a movie 
star, beautiful, charismatic, and beyond those features, a great 
intellect, educated in the United States, at Radcliffe, of course, at 
Harvard, Oxford--a real intellectual and a real leader in the political 
sphere. Her father had been Prime Minister. She had been Prime 
Minister.
  I had the opportunity to meet her some 20 years ago when my wife and 
I visited her at her family home in Karachi. She was a very disarming 
young woman. When I took some pictures of her, she asked if I would 
send her copies. She said nobody ever sent her copies of pictures which 
were taken. I was surprised, really sort of amused, because she was on 
the cover of People magazine at that time. You only had to pick up most 
any magazine on the stands and find a picture of a glamorous, 
beautiful, talented Benazir Bhutto.
  I visited her when she was Prime Minister in Islamabad in 1995. I 
discussed with her the possibility at that time of having the 
subcontinent nuclear free. Senator Hank Brown and I carried a message 
from the Prime Minister of India, Prime Minister Singh at that time, to 
have the subcontinent nuclear free. Then I had seen her from time to 
time in Washington. Beyond any doubt, she had the power to and the 
potential to be a great leader in Pakistan and the great potential to 
be a stabilizing force.
  I learned after she was assassinated, according to members of her own 
party, that she had planned to give Congressman Kennedy and me some 
documentation about the likelihood of vote fraud. I have sought 
information on those matters.
  I ask unanimous consent that at the conclusion of my statement, the 
full text of a lengthy 40-page report be printed in the Record, 
together with copies of the letters which I have sent to her family and 
to her political allies making inquiries about the information on vote 
fraud which reportedly she was interested in turning over to 
Congressman Kennedy and me.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  (See Exhibit 1.)
  Mr. SPECTER. With the assassination of Ms. Bhutto, it seems to me 
there is a need for an international investigation. By letter dated 
January 2, before returning to the United States, I wrote a letter to 
the Secretary General of the United Nations urging that there be an 
international investigation because of the obvious concerns as to 
whether security was involved or the kinds of conspiratorial theories 
which arise, whether there is any basis for them.
  President Musharraf of Pakistan had asked for assistance from 
Scotland Yard. My own view is that was insufficient because Pakistan 
would retain control of the investigation, but that would certainly be 
a step in the right direction.
  I supplemented that letter to the Secretary General on January 17, 
2008, with a suggestion that the United Nations put into operation a 
standing commission to investigate international assassinations. The 
importance of immediate action and investigation is well known--to get 
to the scene, to preserve the evidence to the maximum extent possible, 
and to question witnesses while their memories are fresh and before 
they are potentially intimidated. Some of the doctors who attended 
Benazir Bhutto reported they had been told not to talk to the media. I 
think these ideas are ideas which are worth pursuing.
  The composition of the standing commission would have to be very 
carefully thought through. There would obviously be exemptions for 
nations which are capable of carrying on an investigation with the 
technical expertise and which would have the confidence of the public, 
but I think this is an issue which ought to be undertaken. The 
Wiesenthal Institute has published the idea, full-page ads in the New 
York Times, that assassination ought to be classified as a crime 
against humanity. That, too, is an idea, in my opinion, which ought to 
be pursued. But the lessons learned and the pain and suffering which 
comes from the assassination of a great leader such as Ms. Bhutto ought 
to be studied. We ought to look to the future to be sure that where 
there are recurrences--and regrettably, it is highly likely there will 
be recurrences--that we profit by that experience.
  In addition to traveling to Pakistan, Congressman Kennedy and I 
visited in Israel and in Syria. We talked to Prime Minister Olmert in 
Israel. We talked to President Bashar al-Asad in Syria. Both are 
national leaders and both expressed a desire to have a peace treaty. It 
is very difficult to assess the possibilities by talking, even with the 
probing questions, because it depends so much on a matter of trust. But 
I think it is worth noting that back-channel negotiations have been 
undertaken. A report has appeared in the Arabic press and specified in 
my written statement but has not appeared, to my knowledge, in the 
American press. We do know Israel and Syria came very close to an 
agreement in 1995, until Prime Minister Rabin was assassinated, and 
then again brokered by President Clinton near the end of his term in 
2000. They came very close to an agreement, when it was reported that 
Syrian President Hafez al-Asad was more concerned with the succession 
of his son than in completing the treaty. Only Israel can decide 
whether it is in Israel's interest to give up the Golan, which is the 
central issue.
  But warfare is very different now than it was in 1967, when Israel 
took the Golan Heights. The rockets are impervious to elevated spots 
such as the Golan, and it is a very different strategic concern. But as 
Prime Minister Olmert commented--and I quoted him in the written 
statement--there are very material advantages which could come if Syria 
would stop supporting Hamas. It would promote the possibilities of a 
treaty between Palestinian President Abbas and Israel. If Syria would 
stop supporting Hezbollah and destabilizing Lebanon, there could be a 
great advantage. Such a treaty would have the potential of driving a 
wedge between Syria and Iran which would be of value.
  That is a very brief statement of the extensive written report which 
I have filed, and I appreciate it being printed in the Record, at the 
conclusion of my statement. I thank the managers of the pending bill 
for yielding this time, and I conclude my statement by yielding the 
floor.

                                Exhibit 1

                   Statement of Senator Arlen Specter


   report on foreign travel to the united kingdom, israel, pakistan, 
                   jordan, syria, austria and belgium

       Mr. President, as is my custom from returning abroad, I 
     have sought recognition to report on the recent trip I made 
     overseas from December 22, 2007 to January 4, 2008.


                             united kingdom

       On the morning of December 23, the delegation which 
     included my wife Joan, Representative Patrick Kennedy, 
     Christopher Bradish, a member of my staff, Colonel Gregg 
     Olson, our escort officer and Captain Ron Smith, our doctor 
     and me, departed from Washington Dulles International Airport 
     for London, England. After a flight of just over 7 hours, we 
     arrived at London Heathrow Airport. The following morning we 
     departed for Tel Aviv, Israel.


                                 israel

       We arrived in Tel Aviv on the evening of December 24. We 
     were greeted at the airport by Rachel Smith our control 
     officer from the embassy.
       The following morning, I was briefed by DCM Luis Moreno and 
     Political Counsel Marc Sievers on the latest developments in 
     the region. The country team stressed that, prior to the 
     Annapolis conference, tension in

[[Page 515]]

     the region was high. The team informed us that Prime Minister 
     Olmert and President Mahmoud Abbas have good chemistry and 
     that the leaders remain optimistic that an agreement can be 
     reached in 2008. We discussed some of the prevalent matters 
     in the region including the situation in the Gaza strip, the 
     dynamic between Fatah and Hamas, the Paris conference, the 
     security situation in Israel and the political outlook for 
     the region. Following the briefing, we departed for a meeting 
     with Israeli President Shimon Peres.
       Having traveled to Israel 25 times during my tenure, I had 
     come to know many of Israel's leaders including President 
     Shimon Peres. I asked the President for his thoughts on how 
     to break the cycle of violence and hate that reigns in the 
     region. He provided his candid assessment of the prospects 
     for peace but stressed that nothing can be solved without 
     cooperation, a strong commitment to economic improvement 
     which entails the creation of jobs in addition to aid money 
     and the tangible benefits of changing the economic situation 
     and the impact that has on changing people's lives. President 
     Peres stated it was critical to support Abu Mazen and develop 
     the West Bank.
       I asked Peres on the prospects for future dealings with 
     Syria. The President said Syria should make a choice: Lebanon 
     or the Golan. If they meddle in Lebanon, the Israeli's will 
     not discuss Golan and that all other issues are secondary.
       I pressed President Peres on Iran and what he thought 
     should be done. He stated that the U.S. needs a united, 
     coherent policy to combat President Ahmadinejad's policy of 
     enriching uranium. He complimented President Bush in showing 
     courage, but that the capacity to build a coalition was 
     absent. Peres did not express great alarm about Iran as he 
     believes that the world will not allow the Islamic Republic 
     to acquire nuclear weapons. I asked if there were any lessons 
     from our diplomatic engagement with North Korea to which he 
     responded by highlighting the benefits of diplomatic and 
     economic efforts.
       I mentioned to Peres that we would be traveling to Pakistan 
     and solicited his thoughts. He believes that religious 
     fanatics in the region are a massive problem for the 
     government and that the U.S. should not force Pakistan and 
     its leaders to be an American democracy--a theme that would 
     continue in our meetings in Pakistan. He did not believe that 
     the situation between Pakistan and India would lead to war 
     but that it is imperative that Pakistan secure its nuclear 
     arsenal--something with which I strongly agree.
       President Peres suggested that oil is our great enemy: It 
     finances terror, makes a mockery of democracy, negatively 
     impacts the environment, and undercuts ideological 
     foundations. He called for increased efforts to pursue 
     alternatives to fossil fuels.
       When asked about his view on our engagement in Iraq and 
     Afghanistan, Peres stated that we have no choice but to 
     combat radical extremism and those who think modernity will 
     end. He elevated the struggle to one of those in the modern 
     world versus those who are not able to deal with the fact 
     that science has replaced them. He pointed to the fact that 
     you cannot find an Israeli hospital without an Arab doctor. 
     And even an Israeli who will not hire an Arab has no problem 
     with one operating on him with a knife.
       When discussing our bilateral relationship, Peres said: 
     ``The less we need America, the more friendly our relations 
     will become.'' President Peres ended the meeting by extending 
     an invitation for us to come back to Israel for the sixtieth 
     anniversary of Israel. We left the President's office for our 
     next meeting at the Knesset with former Prime Minister and 
     Likud party leader, Benjamin Netanyahu.
       The focus of our discussion with Netanyahu and Zarman 
     Shoval centered on Iran. He expressed his support for 
     continued economic pressure in the form of sanctions and 
     pension fund divestment. He reported that U.S. states 
     divesting from companies, mostly European, doing business 
     with Iran is having an impact. Netanyahu concluded that 
     Iran's building of long range weapon platforms and its 
     increased centrifuge activities leaves it with very little 
     left to do to obtain a nuclear weapon. A theme in my 
     discussions with Israeli officials, in Washington, DC and 
     Israel, is that our Nations don't differ on the facts but we 
     do differ on the interpretation. He was not convinced that 
     Iran halted its program and more importantly that we do not 
     know if Iran restarted its efforts.
       In addition to talking about unilateral actions, Netanyahu 
     recommended that we work with the Europeans and form a 
     unified front with Russia. He stressed the importance of 
     ``turning back the momentum'' domestically and 
     internationally to combat Iran.
       I asked Netanyahu what can be done to break the cycle of 
     violence and hatred. He said this is a battle between 
     modernity/globalization and militant Islam and that this 
     ``culture of death'' with nuclear weapons could lead to 
     catastrophe. Militant Islam, according to Netanyahu, works by 
     brainwashing individuals. The information and economic 
     revolution could be the best weapon against this ideology as 
     a form of combating brainwashing. Following our meeting with 
     Netanyahu, we departed for a meeting with Former Prime 
     Minister and current Defense Minister, Ehud Barak.
       I had met with Barak when he was in Washington, DC 
     attending the Annapolis conference. He provided me an update 
     on Israeli security service actions and intelligence gained 
     since we last spoke. I asked the Defense Minister to provide 
     his views on breaking the cycle of violence and hatred and 
     his outlook for the region. Barak believes that we cannot 
     reshape but can guide and offer a path of more opportunity. 
     He expressed his support for strengthening moderates like Abu 
     Mazen and Salaam Fayyad and that he is more optimistic 
     dealing with these leaders than he was when serving as Prime 
     Minister dealing with Yasser Arafat. I asked him about coming 
     close to an agreement in 2000 with Chairman Arafat. Barak 
     said the gap may have been narrow, but it was very deep.
       When asked about Lebanon and Syria, Barak said Syria 
     continues to destabilize Lebanon. He pointed to the recent 
     assassination of Francois El-Hajj, who was expected to be 
     Lebanon's new Army commander in chief should General Michel 
     Suleiman take over as President. Barak believes that Syria 
     would not stand to see the deputy elevated and that Syria 
     wants a government that will request the U.N. to halt its 
     investigation in the Hariri assassination--an attack that 
     some suspect was orchestrated by Syria. When I asked Barak 
     about his peace efforts while serving as Prime Minister with 
     Syria, he indicated that there was an opportunity, but Hafez 
     Assad was more concerned about his son's succession than 
     peace.
       On Iran, Minister Barak reiterated that the information 
     between U.S. and Israeli intelligence is 95 percent the same, 
     but that different interpretations persist. Barak expressed 
     concern over Iran's hidden program and that they are not 
     likely to cooperate. I asked about getting Russia to assist 
     and President Putin's offer to handle part of Iran's fuel 
     cycle. Barak stated that Russia wants to see the U.S. 
     squeezed right now but that we must engage China and Russia 
     if we want to have success on this front. We departed the 
     Knesset for our next meeting with President Mahmoud Abbas and 
     Salaam Fayyad in the West Bank.
       On Christmas Eve, we loaded in our convoy bound for 
     Bethlehem in the Palestinian-controlled West Bank. Security 
     was tight as we left Jerusalem and entered the West Bank with 
     security personnel lining both sides of the street every 100 
     yards. Upon arrival we were greeted by Salaam Fayyad, the 
     well-respected, western-educated finance minster, with whom 
     I've had a relationship for some years. I asked Abu Mazen 
     about the status of talks and prospects for peace. He shared 
     his optimism and informed me that he would be meeting with 
     Prime Minister Olmert in two days. He described 2008 as 
     precious and that he will work with the Israelis to reach a 
     deal. He expressed his concern over Israeli settlement 
     activities and the negative impact this could have on the 
     process.
       President Abbas informed the delegation that Hamas' 
     popularity was subsiding but that they are still receiving 
     assistance through tunnels and border crossings. Should these 
     not be blocked, money and weaponry still can flow to Gaza. 
     While this type of activity harms the process, he indicated 
     that humanitarian aid must flow to Palestinians residing in 
     the West Bank.
       The delegation pressed Abu Mazen about anti-Israeli 
     Palestinian decrees and expressed that these are not 
     acceptable. The President responded emphatically by saying, 
     ``I am the head of the PLO, I am the head of Fatah and I am 
     recognizing Israel and we want peace.''
       Congressman Kennedy asked President Abbas about comparisons 
     to the successful peace talks in Ireland and the prospects 
     for transferring some of the mechanisms employed to the 
     Middle East. Abu Mazen said there are elements that can be 
     utilized especially in the arena of people to people 
     programs.
       Salaam Fayyad shared his gratitude for the pledges made in 
     Paris and informed us that debt is being paid and the economy 
     showing signs of improvement. He cited that hotel occupancy 
     rate is near 100 percent which is up from 5-10 percent 
     earlier this year. He expressed his desire for implementing 
     larger infrastructure projects and a reduction in Israeli 
     restrictions, such as check points, which hinder businesses. 
     We concluded our meeting and returned to Jerusalem.
       On December 25, we had a morning meeting with Prime 
     Minister Ehud Olmert. The Prime Minister requested I brief 
     him on developments in the United States and our views 
     towards the region. Olmert asked about the U.S. role in 
     moving forward with Syria and if anything can be done given 
     their meddling in Lebanon. I told him I thought there is a 
     chance based on the progress made in 1995 and 2000. I told 
     him of my discussions in Washington, DC with Syrian officials 
     and that they expressed their interest in talks. I told him I 
     thought that the status of the Golan Heights would be the 
     crux of the negotiations.
       Olmert told me he is prepared to negotiate with Syria but 
     that it is a long process that

[[Page 516]]

     needs to mature and that Syria must deliver, not just talk. I 
     pressed Olmert about what actions he had taken and who would 
     make the first move. I reminded Olmert that Henry Kissinger 
     said it took 34 negotiating sessions with Hafez Al-Assad to 
     get an agreement.
       Prime Minister Olmert said the National Intelligence 
     Estimate on Iran was not helpful in efforts to combat Iran's 
     suspected nuclear weapons program. When asked if he thought 
     they stopped in 2003, Olmert replied, ``I don't know.'' He 
     expressed his hope that U.S. intelligence based its findings 
     on solid facts.
       Olmert, like Netanyahu, stated that if they have enough 
     uranium they can do everything else needed to make a weapon 
     in short order. Nevertheless, Olmert stated that we must 
     carry on impressing upon Iran to change their course.
       I requested specifics on how to confine Iran's nuclear 
     weapons program to which Olmert cited the usefulness of 
     economic pressure such as sanctions. He expressed displeasure 
     that the debate has been confined to two options: Military 
     action or acquiescence. The Prime Minister said he will raise 
     alternatives with President Bush during his January 2008 
     visit.
       Representative Kennedy asked Olmert about the Gaza-Hamas-
     Egypt nexus and the problems associated with smuggling. 
     Olmert confirmed that the movement of money, weapons, to 
     include anti-tank and anti-air missiles, and terrorists 
     across the Philadelphia line is a major concern. He indicated 
     displeasure with Egyptian acquiescence on this front and said 
     that he had raised his concerns with President Mubarak and 
     that he would be dispatching Defense Minister Barak to Egypt 
     the following day to follow up on these issues.
       I asked the Prime Minister about the reported ``offer'' 
     from Hamas for a ceasefire. Olmert said that no offer was 
     made, but rather a journalist reported receiving a call from 
     Hamas indicating an interest and that the media subsequently 
     played it up. He questions the logic of negotiating with 
     Hamas as all it would do is provide Hamas an opportunity to 
     re-arm and Israel would get nothing. He made clear his stance 
     that he is not inclined to negotiate with a group who wants 
     to kill Israelis and refuses to recognize the state.
       On the Israeli-Palestinian track, Olmert stated that Abbas 
     and Fayyad recognize Israel and want to make peace and are 
     serious, committed partners. When we discussed breaking the 
     cycle of violence and hate in the region, Olmert pointed to 
     Abbas as an example as someone who changed, became a 
     legitimate political leader and sees things differently than 
     he did 30 years ago. However, the question if the two sides 
     can agree on outstanding issues in unknown. He believes 
     reaching an agreement in 2008 is possible but that 
     implementation would take more time.
       I pressed the Prime Minister about the settlements 
     controversy raised in the media and directly by the 
     Palestinians. He explained that he has established a complete 
     moratorium on new settlements, but that Israel can build on 
     plans previously approved at current sites. We departed the 
     Prime Minister's office for our next meeting with Foreign 
     Minister Tzipi Livni.
       I called on Tzipi Livni to get her perspective on the 
     Israeli-Palestinian track, Syrian-Israeli track and broader 
     regional matters. Livni believes Abu Mazen and Salaam Fayyad 
     are sincere in their goals for peace and in refraining from 
     using terrorism. She supports the approach of strengthening 
     pragmatic Palestinians like Abbas and Fayyad. She went so far 
     as to say that Salaam Fayyad is a determined person in this 
     process and has exhibited real courage.
       I asked the Foreign Minister about economic development for 
     the Palestinians and the strategy to elevate their situation. 
     She said development was important but that we should not 
     look to it as the sole source to bring about change. Minister 
     Livni stated that Israel cannot afford another terrorist 
     state, a real partner in peace must be found and the only way 
     to achieve a Palestinian state is through negotiations, not 
     terror. She appreciated the rights of Palestinians and the 
     impacts of security measures, but stated that Israelis have a 
     right not to live in fear and endure terror.
       That afternoon, the delegation met with Saeb Erekat, the 
     Palestinian's chief negotiator. I had met with Saeb in the 
     past and found him to be an intelligent and insightful player 
     on understanding the conflict.
       Saeb informed me that the Israelis and Palestinians have 
     ``matured'' and that there is a genuine need for the peace 
     process. He expressed his view that the sides are in 
     agreement on 70 percent of what a pact would entail but that 
     no outside country can finalize a deal--it must be done by 
     the Israelis and Palestinians--it must be done by Olmert and 
     Abbas.
       Saeb and I talked about the broader Middle East and 
     regional conflicts. He believes that democracy in the Middle 
     East will defeat Al Qaeda and if negotiations between Israel 
     and the Palestinians fail, Osama bin Laden wins. He expressed 
     his optimism that a deal can be reached in 2008 and that both 
     sides are prepared for peace. He stated that there needs to 
     be a package deal and both sides know exactly what the other 
     wants--Israel wants no refugees and security and the 
     Palestinians want Jerusalem and land.
       On the issue of Iran, Saeb said that Iranian nationalism 
     cannot be overlooked when approaching Tehran. He expressed 
     frustration over anti-Israeli comments made by President 
     Ahmadinejad: ``When he says he wants Israel off the map, he 
     is killing me!'' He cannot comprehend why Iran would support 
     Hamas in Gaza and pointed out that Abu Mazen has been invited 
     to Tehran nine times and never responded. He suggested that 
     Iran wants a deal and is willing to make one with the U.S. or 
     international community.
       Saeb closed by indicating that progress on the Syrian-
     Israeli track would be beneficial to the Palestinian-Israeli 
     track. The following morning we drove from Jerusalem to Tel 
     Aviv en route to Pakistan.


                                pakistan

       We landed in Islamabad, Pakistan on the night of Wednesday, 
     December 26 and were met by our control officer Jason 
     Jeffreys.
       The following morning, we met with Hamid Karzai, President 
     of Afghanistan, in his hotel room. President Karzai was in 
     Islamabad for officials meetings. President Karzai stated 
     that U.S. efforts in Afghanistan are working, roads are being 
     built, economies are being turned around and schools are 
     improving.
       I pressed President Karzai on the prospects for victory 
     over the Taliban and Al Qaeda. He stated that he and 
     President Musharraf had focused on this issue in their 
     meeting earlier and that it was a priority. Karzai stated 
     that the Taliban is not a long term threat in Afghanistan as 
     they have no popular support. The President stated that more 
     must be done to address the sanctuaries, training grounds and 
     madrasas.
       I asked Karzai about the prospects of catching Osama bin 
     Laden. The President told me that he will not be able to hide 
     forever and that sooner or later he will be caught.
       I asked President Karzai about Iran's pursuit of nuclear 
     weapons. He stated that nuclear weapons in the region bring 
     pride and a sense of security. He stated that Iran and the 
     U.S. should open a dialogue, talking pays and that no one can 
     benefit from confrontation.
       Following our meeting with President Karzai, we departed 
     for the embassy for the country team briefing led by 
     Ambassador Patterson.
       The delegation, including Ambassador Patterson, departed 
     the embassy to our next meeting with General Tariq Majid, 
     Chairman of the Joint Chiefs of Staff. General Majid's 
     headquarters are located in Rawalpindi--the same part of 
     Islamabad where Benazir Bhutto would be killed later that 
     same day.
       I pressed Gen. Majid on Pakistan's efforts to combat Al-
     Qaeda and locate Osama bin Laden. He indicated that he does 
     not know where he is but that Pakistan should be able to find 
     him but that it must be an integrated and combined effort 
     with U.S. support.
       I expressed my concern over the problems in the FATA region 
     and asked what is being done to combat the issues plaguing 
     that region and the country. He responded by telling me that 
     for many years, Pakistan did not have access to the tribal 
     belt but that military forces were now engaged--100,000 
     according to Majid.
       I told the General of my concern over Pakistan's nuclear 
     arsenal and the command and control structures in place to 
     ensure the weapons do not fall into the hands of militants. 
     He informed me that there is a structure in place that 
     ensures that there can be no rogue launch of nuclear weapons 
     as the President, Prime Minister, Foreign Minister, Defense 
     Minister and the service chiefs all have to approve usage.
       I expressed my desire to see the Indian subcontinent 
     denuclearized--a matter I had taken up with the Prime 
     Ministers of India and Pakistan over a decade earlier. Majid 
     informed me that Pakistan had made such an offer to India but 
     that it was rejected. Pakistan claims its arsenal is an 
     insurance policy against the much larger Indian force and 
     that they do not have regional ambitions. India not only 
     looks at Pakistan but looks east towards China and would not 
     likely give up their arsenal with such a neighbor. China 
     would be unlikely to surrender its weapons given the 
     considerable arsenals of Russia and the United States.
       I expressed my concern over Iran's nuclear activities and 
     ambitions. Majid indicated that Pakistan did not have a 
     problem with a peaceful program but that they object to high 
     levels of enrichment. Any military action against Iran, Majid 
     said, would compound problems in Pakistan. He suggested 
     bilateral talks between the U.S. and Iran as the path leading 
     us out of this dilemma.
       I told Gen. Majid of my great concern over the situation in 
     Pakistan, the political crisis, the removal of members of the 
     judiciary and the imprisonment of citizens. I told him there 
     was great concern in the United States and talk of altering 
     U.S. aid to Pakistan's military. Majid asked us to remember 
     that Pakistan is not the U.S. and that their democracy and 
     institutions are not as strong as ours. He asked us to review 
     the actions taken by the Chief Justice as he claimed he was 
     acting beyond his jurisdiction.
       Following our meeting with Gen. Majid, we were received by 
     President Pervez Musharraf

[[Page 517]]

     at his palace. He expressed his satisfaction with bilateral 
     relations but indicated that stopping the military 
     cooperation would negatively impact the relationship. I 
     pressed Musharraf on the reported misuse of aid and 
     overcharging on reimbursements. The President objected to the 
     characterization of his government's actions claiming that 
     all requests are analyzed, mutually agreed upon and 
     submitted.
       I asked Musharraf about his efforts to combat terrorism. He 
     generalized about his government's efforts to combat the 
     Taliban and Al Qaeda. He indicated that actions in 
     Afghanistan have led to an overflow of troublemakers in 
     western Pakistan. When I asked if he will catch Osama bin 
     Laden, he responded that he, ``can't say for sure, but we 
     should.'' He claimed he does not have the forces required to 
     search and police some of the areas he may be hiding.
       I informed the President that we want transparency in 
     Pakistan and events such as removal of the Chief Justice 
     cause grave concern. I told Musharraf responded by saying 
     Pakistan has various pillars of government like the U.S. but 
     that their institutions are not as strong and capable as 
     those in the U.S. He indicated that the Chief Justice had 
     acted inappropriately and that his activities included 
     corruption, kickbacks and inappropriately using his 
     influence, which would not be tolerated in the United States. 
     Musharraf stated the Chief Justice was doing an injustice to 
     Pakistan, interfering in various cases in other courts, 
     actively campaigned in political rallies, traveling with his 
     own masked security detail and interfering with the executive 
     branch in privatization matters which had led to Pakistan's 
     recent economic success.
       When I pressed Musharraf on the rationale of imposing 
     martial law, he stated that the government was weakening, 
     economy declining and terrorists rising and that it was 
     needed to maintain stability. He stated that most people that 
     were detained had been released. We departed the Presidential 
     Palace for a working lunch at the Ambassador's residence to 
     further evaluate and discuss the issues confronting Pakistan 
     and our bilateral relationship. Attendees included Ambassador 
     Patterson, General Helmly, Peter Bodde, Candace Putnam, Jason 
     Jeffreys and the delegation.
       On the afternoon of December 27, we received word in our 
     control room that there had been an incident at a political 
     rally for Benazir Bhutto. As we were preparing for a dinner 
     hosted by President Musharraf we got word that she had 
     possibly been injured and was taken to the hospital. As I 
     headed to the elevators, Chris Bradish, my deputy, informed 
     me that Benazir had died. I had known her for nearly 20 
     years. We were scheduled to meet with her in her home at 9 
     p.m. that night--in approximately 3 hours.
       I received many calls and e-mails from the U.S. requesting 
     information on the situation. Below is a transcript of a 
     phone conversation I had with MSNBC:

       HALL: On the phone with us now is Senator Arlen Specter, 
     who is in Islamabad and was, according to what I'm being 
     told, expected to meet with Benazir Bhutto sometime tonight. 
     Senator, are you there?
       SPECTER: I am. Congressman Patrick Kennedy and I were 
     scheduled to meet with Benazir Bhutto this evening. We were 
     scheduled to go to a dinner with President Musharraf. We had 
     met with President Musharraf earlier today and, en route to 
     the dinner, about ready to go, we heard the tragic news.
       HALL: And how did you learn the news, sir?
       SPECTER: Watching CNN. We heard, first, that there had been 
     a suicide bomber attempt, that Benazir Bhutto was OK. Then we 
     heard she'd been hurt, critically, and then the news came in 
     that it had been fatal.
       HALL: And tell us a little bit about what you were planning 
     to meet with her regarding. We know that Hamid Karzai met 
     with her, as well as Pervez Musharraf, on the security issue 
     concerning the border of Afghanistan and Pakistan. What was 
     the focus of your meeting?
       SPECTER: Well, Congressman Patrick Kennedy and I are in the 
     region. We had been to Israel on our way to Syria. And we had 
     meetings with President Musharraf today, and we also saw 
     Afghanistan President Karzai, who just coincidentally was in 
     town.
       And we had a meeting with former Prime Minister Benazir 
     Bhutto this evening at nine o'clock Pakistan time, and it was 
     scheduled then because she had a full day of campaigning.
       And our concerns are about what is happening here, the 
     stability; what's happening with the supreme court; what's 
     happening with our fight against terrorism, our efforts to 
     capture Osama Bin Laden; and what is happening to the very 
     substantial funding the United States has put in here; what 
     the prospects were for the election.
       I've known Benazir Bhutto for the better part of two 
     decades, having been visiting her in Karachi back in 1988 and 
     when she was Prime Minister in 1995. And we were looking 
     forward to talking to her to get to her evaluation on whether 
     the elections would be honest and open, and to get her sense 
     of the situation.
       HALL: And what did you think her--the impact that she 
     played while, of course, she was alive, with her opposition 
     group, and now with her assassination? Obviously, you felt 
     that she was important, a critical piece of this puzzle, in 
     that you were planning to meet with her at 9 p.m., at the 
     time there.
       SPECTER: Well, Benazir Bhutto was a very prominent person 
     this year, the leader of a major party; had a real 
     opportunity to become Prime Minister, a brilliant woman with 
     a family background. Her father had been Prime Minister. She 
     had been Prime Minister twice.
       She had a lot of popular support, and she was the first 
     woman Prime Minister of Pakistan and a very prominent woman 
     internationally, sort of, the symbol of modernity, so that 
     it's a tremendous loss, and we. . .
       HALL: And what do you think is the . . .
       SPECTER: . . . we can't let the terrorists win. We have to 
     rebound and we have to be sure that democracy moves forward 
     in Pakistan.
       HALL: But Senator, we're looking at the images out of 
     Pakistan, and I don't want to paint a picture bleaker than it 
     is, but certainly, immediately following the assassination, 
     people spilling out into the streets blaming, some of them, 
     anyway, Pervez Musharraf--quite a picture of instability. 
     What needs to happen, in your opinion, being there?
       SPECTER: Well, it is easy to blame people, but it's 
     premature. There has to be an investigation. There has to be 
     determination, to the extent possible, as to what happened.
       When you have an assassination, this sort of a violent act, 
     you have to expect people to be erupting in the streets. But 
     there will be a tomorrow. There will be elections here. We 
     have to assert the democratic process and we have to move 
     forward.
       We cannot let the crazy suicide bombers take over the 
     world. And that is our job for tomorrow.
       HALL: And still very early into this breaking news, 
     Senator--again, to update our audience, we are following 
     developments in Pakistan in the assassination of former Prime 
     Minister Benazir Bhutto. Senator Arlen Specter was expected 
     to meet with her this evening.
       Senator Specter, the impact--so many people are wondering, 
     with Pakistan being so crucial to this war on terror, that 
     there may perhaps be a vacuum in that country, now, with the 
     assassination having taken place and this could offset all of 
     the work, the $10 billion that's been put into Pakistan and 
     the support of Pervez Musharraf since 9/11.
       SPECTER: Well, we are not going to allow this incident, 
     tragic as it is, to upset the very important work at hand. 
     You have the Pakistani government working with the United 
     States government. They have been allies of ours.
       We have not been pleased with some of the things that they 
     have done, like having the chief justice under house arrest 
     or having an emergency suspension, which has been eliminated.
       But the elections are going forward and we are going to 
     rebound from this event and do what is necessary to defeat 
     the terrorists and to have the democratic elections. We are 
     not going to give in.
       And we will rebound, and stability will be restored after 
     the outbursts which are present tonight. It may take some 
     time, but we're going to win.
       HALL: Senator, do you have confidence in Pervez Musharraf 
     and the job that he's done and doing?
       SPECTER: I do have confidence. When Congressman Patrick 
     Kennedy and I met with him today, we raised a number of our 
     concerns in a very candid discussion.
       We are concerned that the substantial U.S. funding be 
     directed toward the specific purposes of fighting terrorism. 
     And we are checking to see if some of it might have been 
     diverted. But by and large, we think the monies are going in 
     the right direction. We expressed concern about what is 
     happening with the supreme court here. We expressed concern 
     about the state of emergency, but that has been reversed.
       The elections are going forward and he is our best hope 
     there. It is not a perfect situation. Nothing is. But we have 
     to utilize the government which is here to help stabilize it 
     and to move forward.
       HALL: All right, Senator Arlen Specter from Islamabad.
       Thank you very much, Senator, for your time, just on the 
     very day you were expected to meet with former Prime Minister 
     Benazir Bhutto. Thank you, Senator.
       Just before midnight on the night of Bhutto's death, we 
     ventured back out into the city to go to Bhutto's local 
     headquarters to pay our respects. We met with her supporters, 
     gave our condolences and laid flowers beneath a photo of her.
       We were scheduled to travel to Lahore the following morning 
     to meet with Chaudhry Pervaiz Elahi and Mian Shahbaz Sharif 
     and visit a USAID project. After the State Department 
     consulted with the Pakistani government, it was recommended 
     that our delegation cancel the planned trip to Lahore due to 
     the deteriorating and uncertain security situation. The 
     following morning we left Chakala Airfield for Amman, Jordan.


                                 SYRIA

       On Saturday, December 29 we departed Amman for Damascus, 
     Syria. Upon arrival at

[[Page 518]]

     Allama Iqbal International Airport, we were greeted by CDA 
     Todd Holmstrom and officials from our embassy Pamela Mills 
     and Katherine Van De Vate. This trip was my 17th visit to 
     Syria.
       We proceeded to a working lunch with Mr. Holmstrom where we 
     discussed the situation in Syria, Lebanon, Israel and the 
     greater region. Following our lunch we departed for a meeting 
     with Foreign Minister Walid al-Mouallem.
       I provided him with a copy of Haaretz which published the 
     headline: ``Olmert Says Ball is in Assad's Court.''

                     [From Haaretz, Dec. 26, 2007]

                    Olmert: Ball Is in Assad's Court

                            (By Barak Ravid)

       Prime Minister Ehud Olmert sent a message to Syrian 
     President Bashar Assad yesterday saying he was still waiting 
     for a Syrian response on the likelihood of renewing 
     negotiations between the two countries.
       Olmert met yesterday with U.S. Senator Arlen Specter 
     (Republican-Pennsylvania), who will travel tomorrow for 
     meetings with Assad's government. Specter is a big supporter 
     of resuming dialogue with Damascus.
       Much of yesterday's meeting addressed Syria. During the 
     meeting, Specter asked Olmert whether he wanted to further 
     the diplomatic process with Syria. Olmert said that for the 
     past few months he has been appraising whether negotiations 
     could be resumed through mediators.
       ``I am still evaluating the Syrian track and the degree to 
     which Damascus is serious about [a peace process],'' Olmert 
     said. ``I have not stopped the assessment, but so far I have 
     not received a clear answer and I am still waiting.''
       Officials in Jerusalem added yesterday: ``Even though 
     Olmert did not ask specifically that his message be relayed 
     to Assad, we assume that it will be raised during [Specter's] 
     talks in Damascus.''
       Specter also met with Foreign Minister Tzipi Livni and 
     discussed Syria.
       Livni did not reject the possibility of renewing 
     negotiations with Syria, but said there was a series of 
     issues troubling Israel.
       ``The Syrians need to show that they are willing to 
     contribute something toward gaining the release of the 
     abducted soldiers in the Gaza Strip and in Lebanon, or 
     express willingness to end the smuggling of weapons to 
     Hezbollah, so that we will know that they are serious,'' 
     Livni said.
       This would ``make it easier for us to consider negotiations 
     with them,'' she added.
       According to an annual assessment prepared by the Foreign 
     Ministry's research office and presented to the Knesset 
     Foreign Relations and Defense Committee, ``Damascus is 
     interested in a settlement with Israel, but only on its terms 
     and with American involvement.''
       According to the report, Assad understands that the current 
     American administration is unwilling to negotiate with him on 
     his terms, so he is ready to wait until 2009, when a new 
     president is in the White House.

       Walid told me that during Speaker Pelosi's visit, she 
     brought a message from Olmert and President Assad responded 
     only to have Israel deny it made such an overture. We agreed 
     that certain conversations must remain out of the press and 
     remain private.
       Mouallem outlined a plan he believes critical to pushing 
     ahead with the Israeli-Syrian track including Israeli 
     withdrawal from the Golan and return to the June 4, 1967 
     borders. Walid stated that, based on prior discussions dating 
     back to 1995, 95 percent of a prospective deal had been 
     agreed upon.
       I said it was good that Syria sent representatives to 
     Annapolis; and added that Olmert was waiting for a signal 
     from Syria. I pressed him on Lebanon and told him it was my 
     view that the International Community as well as the United 
     States does not accept that Syria does not have a role in 
     Lebanon and that this relationship has a negative impact on 
     U.S.-Syrian as well as Israeli-Syrian relations.
       Walid stated the need to create a climate for peace. Walid 
     stated that French President Sarkozy asked President Assad to 
     help elect a president in Lebanon. The Foreign Minister 
     highlighted the importance of having a consensus candidate 
     and the difficulty of ruling by majority in Lebanon. He 
     stated that Syria agreed to work with the French provided 
     that the goal be a consensus unity government, not majority 
     rule, the U.S. remain neutral and France would not back any 
     party. The Foreign Minister provided me with a document which 
     was presented to the Lebanese on the path forward. He stated 
     that Syria's work was done and that it was in Lebanon's hands 
     to chart the course forward.
       I asked him about the prospects of a prompt resolution of 
     the stalemate. Walid told me that the Syrians and French had 
     been working for 45 days trying to find common ground. In the 
     end, according to Walid, the outcome depends on what the 
     majority will give the minority in terms of minister posts.
       When I pressed him on Syria's actions to destabilize its 
     neighbor, the Foreign Minister responded, ``We are not 
     destabilizing Lebanon, we are directly impacted. We have 
     250,000 Lebanese as the result of last summer's conflict with 
     Israel, we have 500,000 Palestinian refugees and we have 1.6 
     million Iraqi refugees.''
       The Foreign Minister emphasized he did not approve of the 
     U.S. holding the Israeli-Syrian track or improved U.S.-Syrian 
     relations hostage to the issue of Lebanon. He specifically 
     asked that the U.S. not deal with Syria only through the lens 
     of Lebanon, Hamas and Hezbollah.
       The Foreign Minister rejected my complaints that Syria was 
     supporting Hamas and Hezbollah. He said that weapons to Hamas 
     go through Egypt and that only 20 members of Hamas were in 
     Syria. He said that resumption of Syrian cooperation on 
     intelligence with the U.S. would depend on better U.S.-Syrian 
     relations.
       Following our meeting at the Ministry of Foreign Affairs, 
     we attended a dinner hosted by the embassy. Civil society 
     leaders were in attendance and shared their wide array of 
     views on the region and U.S. Syrian relations.
       The next morning we met with President Bashar al-Assad. He 
     reiterated what the Foreign Minister told us of the steps 
     needed to bring Israel and Syria closer to the table. He 
     stated that there must be U.S. involvement. I told him it 
     would be beneficial to use the momentum and attention of 
     Annapolis to show the region, the U.S. and the world that 
     Syria was interested in peace. Assad said he was more 
     optimistic about the potential for success on a Syrian-
     Israeli agreement after Annapolis than before.
       I told Assad that it would be beneficial to take positive 
     action to show that he is serious about peace and that Syria 
     is not meddling in Lebanon. I also told him that Syria would 
     benefit by cooperating with the U.S. on intelligence sharing. 
     Assad told me that there must be political cooperation 
     first--sending an Ambassador to Syria and refraining from 
     negative rhetoric would be a good first step.
       I pressed Assad on the case of missing Israeli soldiers. He 
     indicated that he had spoken to Hezbollah and asked them to 
     release the Israelis but that Hezbollah was waiting for a 
     response from Israel on a prisoner swap proposal. He said he 
     believed Hezbollah was ready to make a deal and Syria was 
     willing to take messages between the two. He stated that 
     Egypt was working on the release of the soldier held by Hamas 
     in Gaza. On the case of Ron Arad, Assad stated that he had no 
     information on what happened to him.
       When I asked Assad about the request for a new U.S. 
     mission, he stated that Syria needed a year to facilitate the 
     development of the requisite infrastructure. Assad said that 
     he was disappointed with the slow progress but that that 
     bureaucracy had been the cause of the delay.
       Following our meeting with President Assad, we met with 
     Syrian opposition leader Riad Seif. Seif shared with us his 
     ongoing bout with prostate cancer and the difficulty he has 
     had with the Syrian government limiting his ability to seek 
     treatment. Seif said he needs to travel outside of Syria to 
     receive the most advanced care which is currently not 
     available in Damascus. We discussed his activities and those 
     of the National Council which includes over 160 members and 
     was formed on December 1. We discussed the plight of those 
     who have been imprisoned and the repressive acts of the 
     Syrian government.
       The news conference which Representative Kennedy and I had 
     at the Damascus airport summarizes our meetings in Syria:

  Senator Arlen Specter and Representative Patrick Kennedy Remarks to 
Press at Damascus International Airport Prior to Departure December 29, 
                                  2007

       SENATOR SPECTER: Good afternoon ladies and gentlemen, 
     Congressman Kennedy and I had a very productive, lengthy 
     meeting this morning with President Bashar al-Assad, and it 
     is my custom not to quote directly; obviously President Assad 
     speaks for himself. We had a meeting in the past several days 
     in Jerusalem with Israeli Prime Minister Olmert, and again I 
     choose not to quote directly, but to give you impressions as 
     to where I think the situation stands with respect to the 
     potential for a Syrian-Israeli peace treaty.
       It is my sense that the time is right now, and the 
     prospects are very good that the Syrians and the Israelis are 
     in a position to proceed to have a peace treaty. I say that 
     because of a number of factors. One is the Annapolis meetings 
     were a significant step forward. President Bashar al-Assad 
     had the courage to go there representing Syria, meeting with 
     the Israelis, meeting with the Palestinians, a meeting 
     attended by President Bush, a meeting with the invitations 
     coming from the Secretary of State, Condoleezza Rice. A very 
     important factor is present when President Bush has signified 
     his willingness to participate and interest in becoming 
     involved in the Mideast peace process, and that is a 
     significant change as to what has been for the first seven 
     years of his Administration.
       To give you just a little insight into U.S. political 
     activities, with the Congress in the hands of the Democrats; 
     I'm a Republican; Congressman Kennedy is a Democrat. But in 
     the United States, as you may know, Congress is separate. We 
     have separation of powers, and we speak independently; even 
     though the President is of my party, it is the tradition of 
     Senators to be independent. But what has happened is that the 
     President's domestic agenda has not been successful because 
     of the division of power. He had ideas

[[Page 519]]

     for social security reform, tax reform, immigration reform, 
     and that is not productive now. So he is in a position to 
     turn his attention to international affairs.
       There is the potential for a victory for the President. It 
     would also be a victory for Syria if Syria could regain the 
     Golan Heights. It would be a victory for Israel if there 
     could be a peace treaty. Right now, Syria and Israel continue 
     to be in a state of war. Now the President is not going to 
     spend his time unless there is a realistic possibility that 
     something can be worked out, that it can be fruitful. But he 
     is available, I think, to help on the Palestinian-Israeli 
     track, and the Syrian-Israeli track can go forward at the 
     same time.
       It is not to say that there are not problems. Lebanon 
     continues to be a major problem which we all know about. 
     Whether it is right or whether it is wrong, there is the 
     international perception that Syria has great influence, if 
     not control, in Lebanon. Again, I say I make no judgment on 
     the point. I am citing what I think to be the international 
     perception. And it would be very important if the efforts of 
     Syria and France working together can find an answer to the 
     Lebanese issue. Congressman Kennedy and I discussed this, at 
     some length, last night in a very long meeting, an hour and a 
     half, with Foreign Minister Walid al-Moallem and again to 
     some extent with President Bashar al-Assad today. There are 
     problems with Hamas and Hizbollah, and again there is the 
     perception that Syria could be helpful in those, in those 
     matters. So it is overall a very complicated picture. I've 
     been coming to this region, as you may know, for a long time. 
     I made my first trip here in 1984, been here some 16 times. 
     [I] met nine times with President Hafez al-Assad, and now 
     seven times with President Bashar al-Assad. It is different 
     this year. It is different this year from what it was last 
     year. It is my hope that the parties will seize the moment.
       Let me yield now to my distinguished colleague.
       CONGRESSMAN KENNEDY: I want to say it is an honor to be 
     here. We had a very good meeting with the President, and I 
     was very pleased that the President, when we brought up the 
     issue of Syria's moving towards a more representative 
     democracy because of the fact that the President was very 
     clear that the kind of American democracy that we have, a 
     Jeffersonian democracy, does not necessarily work here in the 
     Middle East. He pointed to the fact that Iraq and Lebanon are 
     perfect examples.
       I did say, ``Well then, what does work, where people can 
     have a voice in their government?'' He suggested that a 
     coalition government, where various people, based upon the 
     representation of their tribal group or ethnic group, can 
     speak through their coalition, could have a representative 
     government. And I said, ``Well, to that degree then, is Syria 
     moving towards that regard?'' He said: ``Well, that will take 
     time.'' And I said, ``Well, is it then your policy to jail 
     people who are outspoken politically to your regime? 
     Particularly the Foreign Minister said it was not the policy 
     of Syria to jail political opponents, only to jail people who 
     were related to foreigners in opposing Syria. And so I asked 
     about the National Council, the Damascus Declaration, because 
     recently they were all detained and put in jail, and they are 
     not related to any foreigners. So I asked ``Why were they put 
     in jail? And have they been, would they be released?'' and 
     the President said that they would be released if they have 
     not already. I gave him the names, I read the names, and he 
     said they all are released. Could you read the names?
       Akram al-Bunni, Walid al-Bunni, Ali Abdullah, Fidaa 
     Khourani, Mohammed Yasser al-Eitti, Jaber al-Shufi, Ahmed 
     Toumeh.
       The President said they were released. The President 
     assured me personally that they were released. He assured me 
     personally that they had already been released. Yes. And I 
     had the chance also to meet with Riad Seif, and I want to say 
     that when I go back to the United States, I am going to 
     nominate Mr. Seif for the Robert F. Kennedy Human Rights 
     Award, named after my uncle Robert Kennedy. That award is 
     given to a person who has put their life in jeopardy on 
     behalf of human rights. As all of you know, Mr. Seif's life, 
     he was in jail for standing up for human rights; his son was 
     incarcerated and has never reappeared. He is fighting on 
     behalf of the 19,000 people who have disappeared and never 
     reappeared again. I just don't know anything more frightening 
     than being taken away in the middle of the night and not 
     knowing whether you are ever going to return to your family 
     again.
       And for all of you to know, I say this to my own government 
     when they are wrong as well. I say it all over the world 
     wherever there are problems, and certainly when there are 
     problems at home I write letters about my own government's 
     mistreatment of human rights. So it is universal wherever it 
     is. I would hope that someone over here would speak up on my 
     behalf if they were over in my country, just as I would hope 
     that I could speak up on someone else's behalf if I were over 
     in their country, because it doesn't matter what country we 
     are in; we are all human beings. We are not Syrians; we are 
     not Americans; we are human beings first, and we ought to be 
     treated as human beings.
       QUESTION: Khalid Ouweiss from Reuters: Senator Specter, 
     what is the next step to resume peace negotiations between 
     Israel and Syria? What needs to be done? Have you heard of 
     any compromises on both sides? Can you tell us in forthright 
     and certain terms what needs to be done and when and when do 
     you expect it to be done?
       SENATOR SPECTER: The next step will be the arrival of 
     President Bush in the Middle East in the course of the next 
     week to ten days. And the focus will be on the Palestinian-
     Israeli track. But I think there will also be an opportunity 
     to get a sense for what is happening in the region more 
     broadly, including the Syrian-Israeli track. The parties are 
     going to have to initiate, or continue talks through 
     intermediaries. It is my hope, really expectation, that at 
     some point when some preliminary progress has been made that 
     the United States government will be a party to broker 
     conversations. But, this is going to have to evolve step by 
     step from what has happened at Annapolis and what the sense 
     is in Jerusalem today and what my sense is in Damascus today.
       Later today I will be in touch with officials in the White 
     House in Washington and also with officials of the Israeli 
     government in Jerusalem to tell them the conversation with 
     President Bashar al-Assad and my sense as to what ought to be 
     done next.
       QUESTION: Ziad Haider for Los Angeles Times. Senator, could 
     you please elaborate on your role? Do you have a specific 
     role between the Syrians and the Israelis? Are you an 
     official mediator between the two sides?
       SENATOR SPECTER: What is my role? The foreign policy of the 
     United States Government under our Constitution is carried 
     out by the Executive [Branch]. The Congress has very 
     substantial authority on the appropriations process, on 
     control of the military, on the authority to declare war, so 
     Congress has very extensive responsibilities. Do I have an 
     official role in the government?
       QUESTION: Do you have a personal role? A specific personal 
     role as a mediator?
       SENATOR SPECTER: Well, I have described for you what my 
     undertakings have been. They have been to talk to Israeli 
     Prime Minister Olmert and other Israeli officials--Netanyahu, 
     Barak, and Perez--and to talk to President Bashar al-Assad 
     and also to Foreign Minister Walid al-Moallem. And to convey 
     to President Bashar al-Assad what conversations I had with 
     Prime Minister Olmert and the others and I will now convey 
     the conversations back to the Israeli officials.
       QUESTION: Senator Specter and Congressman Kennedy, what was 
     the content of your conversations with President Assad and 
     Foreign Minister regarding the American steps with regard to 
     Lebanon, what steps they are going to take in that regard? 
     Are there any deals which have been talked about? Can you 
     confirm that?
       SENATOR SPECTER: Congressman Kennedy and I talked at length 
     with Foreign Minister Walid al-Moallem and again today to 
     some extent with President Bashar al-Assad. We are looking 
     for an answer there. Congressman Kennedy referenced the fact 
     that we understand that it is not possible to have the same 
     kind of democracy in Lebanon like we have in the United 
     States, that what they are looking for is a consensus 
     democracy, that you can't have the majority govern the 
     country effectively, but with all the various factions, there 
     has to be a consensus. Foreign Minister Walid al-Moallem gave 
     to Congressman Kennedy and me a document which the Syrians 
     and the French have agreed to as the basis for adjusting the 
     situation and going forward with elections in Lebanon. With 
     respect to Israeli Prime Minister Olmert, we talked about 
     Lebanon to some extent, but Israel does not factor into being 
     a determinative factor there. Prime Minister Olmert is 
     concerned about Hizbollah, concerned about potential Syrian 
     support for Hamas, but the answers in Lebanon are going to 
     have to come through the efforts of the Lebanese themselves 
     with the assistance of Syria and France.
       QUESTION: Lina Sinjab, BBC World News: Senator Specter, you 
     mentioned, you talked about the importance of getting Syria 
     and Israel back to the peace track and Syria's attendance in 
     Annapolis was provided to have a Moscow version of Annapolis 
     to talk about the Syrian-Israeli peace track. Are the 
     Israelis committed to that? Is Olmert's government committed 
     to attend the Moscow version of Annapolis and what is going 
     to happen next?
       SENATOR SPECTER: The question is, is Olmert committed to 
     the peace track and what will happen next?
       QUESTION: The question is there was a Moscow version of 
     Annapolis to discuss Syria-Israel peace track and to talk 
     about the Golan Heights, and is the Israeli government 
     committed to that?
       SENATOR SPECTER: Well, the question as to whether the 
     Israeli government is committed is something only the Israeli 
     government can answer and it will require the evolving 
     discussions. I believe the inference is clear that Israel 
     understands that if there is to be a treaty, that the Golan 
     will have to be returned to Syria. I believe that that is the 
     overhang. Has Prime Minister Olmert

[[Page 520]]

     told me flatly that he is prepared to give the Golan Heights 
     back? No. We did not get into that detail, but the whole 
     process would not make any sense unless Syria gets back the 
     Golan. Now there is going to have to be a working out of the 
     fine lines. There is a question about the June 4, 1967, 
     boundary. There are questions about security when the Golan 
     goes back. There are questions about confidence-building 
     measures. But I think it is accurate and conclusive to say 
     that Prime Minister Olmert wants to have a peace treaty with 
     Syria. Prime Minister Olmert is prepared to do what is 
     necessary, in a reciprocal arrangement, to get it done.
       QUESTION: Asaaf Aboud, BBC in Arabic. Senator Specter, you 
     mentioned in your briefing that this visit is different from 
     previous visits. In what aspect is it different? Have you 
     reached a specific breakthrough in terms of the Syrian-
     Israeli peace track, for example?
       SENATOR SPECTER: Well, it is different in many ways. When I 
     was here in 1995 and 1996, Netanyahu was Prime Minister, 
     there had been some conversations about Prime Minister 
     Netanyahu holding Syria responsible for what was going on 
     with Hizbollah. I carried a message to President Hafez al-
     Assad and it was, there were disagreements. A year ago, 
     Israeli Prime Minister Olmert said he was interested in 
     talks, but did not have the intensity of interest that he has 
     now. Annapolis is a big change. President Bashar al-Assad had 
     the courage to go in a difficult situation and made progress. 
     Now, most of all, as I explained at some length, President 
     Bush is willing to participate. To have the President of the 
     United States involved is a big plus if the parties will take 
     advantage of it. It is a very different atmosphere today, in 
     Damascus, in Jerusalem and in Washington. Big difference.
       Let me see how many more questions are there? I don't want 
     to cut anyone short, but I'll know long my answers will be. 
     One, two, three questions.
       QUESTION (Elaph): This is a question for Representative 
     Kennedy. You mentioned that regarding the Damascus 
     Declaration detainees, that you expressed concern over their 
     human rights, et cetera. And you did mention in your 
     statement also that you are willing to accept somebody from 
     Syria to criticize the violation of human rights in the 
     United States. The lady is from Elaph News Agency, or 
     website; she is saying that the Syrian opposition have, they 
     interpret, they are critical of foreign intervention in local 
     politics here, even on the human rights level. They would 
     understand that if an American writer or a journalist would 
     be critical of the human rights situation here, but they view 
     with caution the intervention of foreign officials in the 
     local political scene, the same way as a Syrian official 
     would not interfere in the local political scene in the U.S. 
     What would be your comment to that?
       CONGRESSMAN KENNEDY: That makes no sense. The greatest 
     human rights people in the world have their voice because 
     they transcend political boundaries of any nation state. They 
     are human beings. They speak to the human consciousness that 
     is universal. We are not Syrians, [or] Americans; there's the 
     great Niemuller quote after Auschwitz: ``First they came for 
     the Catholics, and I wasn't a Catholic, so I did not speak 
     up. Then they came for the laborers, and I wasn't a laborer, 
     so I did not speak up. Then they came for the Jews, and I was 
     not a Jew, so I did not speak up. Then they came for me, and 
     there was no one left to speak up.''
       QUESTION: You talk about the return of dialogue between 
     Damascus and Washington. But we know that such a dialogue 
     should be conducted through diplomatic channels, at least 
     this is the level which is a reasonable level. But as we 
     know, there is no American ambassador to Damascus. So have 
     you been talking about the possibility of returning an 
     American ambassador to Damascus?
       SENATOR SPECTER: The issue about a U.S. ambassador to 
     Damascus, I think, in the eyes of President Bush turns on 
     Lebanon today. The Ambassador was withdrawn when the 
     assassination of Prime Minister Harari [Hariri]. I think that 
     is a decision which only the President can make, and I 
     believe that he is not yet ready to make it, but perhaps--
     it's his decision, I'll emphasize--when things improve, an 
     ambassador will come back.
       QUESTION: You talked about Netanyahu in the previous visits 
     you did. But do you feel after this visit that the current 
     Israeli government is willing to return the Golan Heights in 
     return for a peace treaty with Syria?
       SENATOR SPECTER: Well, I repeat that I do not speak for the 
     Israeli government. I started off by saying it is not my 
     practice to quote President Bashar al-Assad or to quote 
     Israeli Prime Minister Olmert or to quote anybody, but to 
     tell you what my impressions are from the extended 
     conversations which we have had. But we know that in 1995, 
     when Prime Minister Rabin negotiated for Israel with 
     President Hafez al-Assad, the deal was to return the Golan. 
     We know that when Prime Minister Barak negotiated in the year 
     2000 with President Hafez al-Assad, the deal was to return 
     the Golan. There was some disagreement as to precisely where 
     the line would be on the June 4, 1967, line.
       The core of any agreement, I think, is accepted that the 
     Golan is going to have to come back. But only the parties can 
     speak for themselves. Forty years later, it is a very 
     strategic difference. You have rockets; you have very 
     different issues of security than you had 40 years ago when 
     the Golan was taken by Israel. I think it is fair and 
     accurate to say, in a very complex context, that if there is 
     no Golan return, there is no deal. That is the core of the 
     deal. Then there has to be reciprocity. But nobody from the 
     United States, including the President, can speak for Israel 
     or for Syria. That's why it is important that the parties 
     come forward at this time. I do not believe there will be a 
     time this opportune, after Annapolis, and in the last year of 
     a presidency where the President has so many domestic 
     problems, that he has time and interest in coming to the 
     Israel-Palestinian issue and the Syrian-Israeli issue.
       Congressman Kennedy and I thank you for your attention. The 
     presence of a free press is very, very important in our 
     society, and Congressman Kennedy has spoken about our 
     interest in human rights. He spoke very eloquently about that 
     issue. Officials have a standing to talk about human rights, 
     as well as journalists. You journalists have unique standing, 
     but so do officials. But we admire what you are doing and 
     your efforts in spreading the word as to what Congressman 
     Kennedy and I have said today. We hope we'll be helpful in 
     getting the word out that something very constructive can be 
     done soon.
       One final comment: Mrs. Assad and my wife Joan had a very 
     pleasant meeting this morning and spent some very quality 
     time together.
       Thank you very, very much.

       We departed directly from the meeting for the airport en 
     route to Vienna, Austria. During the flight, I had to 
     opportunity to brief National Security Advisor Hadley on my 
     visits to Pakistan, Syria and Israel. Because the connection 
     was not good, I called Hadley from Vienna on a hard line for 
     a more extensive discussion.


                                austria

       Upon arrival in Vienna, we were met by Michael Spring, our 
     control officer and Christian Ludwig, a foreign service 
     national. The following morning we traveled to the U.S. 
     embassy for a country team briefing. Vienna is a unique 
     location in that the U.S. has multi-missions: one to the 
     Austrian government, the OSCE and the United Nations.
       CDA Scott Kilner led the briefing which included 
     representatives from the FBI, DHS and the United States 
     Military. In all, the U.S. has 24 government agencies 
     represented in Austria. We discussed the problem, one which 
     is not only faced by the State Department, that there is not 
     enough funding for certain government bodies.
       We discussed Austria's role in the international community 
     and more specifically their identity in Europe, their 
     relationship with the EU, their bilateral relationship with 
     the Czech Republic and their views on nuclear energy and 
     missile defense. The group noted that Austria is currently 
     campaigning for a seat on the UN Security Council. We 
     discussed terrorism, the IAEA, Kosovo, energy security, 
     Afghanistan and the changing demographics of Europe. We 
     discussed the situation in Iran and our mission's efforts to 
     process and assist Iranian refugees.
       Following the country team briefing, I briefed Secretary of 
     State Rice by telephone on some aspects of our discussions in 
     Syria.
       I met with Dr. Ferdinand Trautmannsdorf, the Director of 
     International Legal Affairs and Thomas Mayr-Harting, the 
     Political Director of the Austrian Foreign Ministry. The 
     officials were very interested in my recent travels 
     especially the situation in Pakistan. We had a substantial 
     discussion about Iran, to include the impact of the NIE in 
     Europe. I pressed them on Austria's significant stake in OMV, 
     an Austrian industrial firm which has dealings with Iran. 
     They responded by saying that the government does not have 
     the ability to influence OMV--a statement with which I 
     disagreed strongly.
       On January 2, 2008, we met with Geoff Pyatt from our 
     mission prior to our meetings at the United Nations. We 
     discussed the IAEA and the issues surrounding Iran's nuclear 
     program.
       We departed the hotel for our meeting with Dr. Mohamed El-
     Baradei, the Director General of the International Atomic 
     Energy Agency (IAEA). I had spoken to Dr. Baradei about two 
     months before by telephone when he extended an invitation to 
     me to visit him in Vienna to discuss further the issues 
     surrounding Iran's nuclear ambitions.
       Dr. Baradei shared his view that the Middle East is in 
     disarray and almost in civil war. I asked him about his views 
     on Iran and his concept of seeking a ``confession'' from them 
     on their nuclear agenda. He stated that the problems between 
     the U.S. and Iran go back to 1953 with the CIA's 
     intervention, the reign of the Shah and the embassy hostage 
     situation and that these events have led to distrust and a 
     lot of emotion on both sides. Iran's rationale for going 
     underground with its nuclear program was that they could not 
     do it above ground. The Director General stated that Iran 
     does not want to rely on others to enrich uranium and that it 
     is a matter of national pride and is a lucrative trade.
       When solicited about his views on President Putin's idea to 
     have Russia handle

[[Page 521]]

     Iran's nuclear material, he stated that Iran did not reject 
     it but that they wanted their own capability. He suggested 
     that an acceptable security structure must be negotiated with 
     Iran to deter them. The DG agreed that it is not acceptable 
     for Iran to have nuclear weapons and that his job was to 
     verify that the program is clean and under IAEA inspections.
       I pressed him on Iran's devious behavior in the past to 
     conceal nuclear efforts and asked if we can ever be 100 
     percent sure. He stated that you can never be 100 positive 
     but that he thinks Iran has things to tell him and that he 
     has told them they should come clean.
       The Director General suggested that direct U.S.-Iranian 
     negotiations should begin immediately to resolve the impasse. 
     The U.S. and international community need to understand what 
     the nuclear issue means to Iran with respect to its position 
     in the region and the world, that there needs to be an 
     understanding of the repercussions and that it must be done 
     in a manner that allows all sides to save face.
       We discussed Secretary Rice's precondition that the U.S. 
     would only meet with Iran if they halt enrichment. He said 
     there must be middle ground to bring the parties together on 
     this issue. He emphasized that sanctions alone won't resolve 
     the situation and only makes people more hawkish. Iran's 
     concealment of its R&D program, according to the Director, 
     led to a confidence deficit in the international community.
       I asked about the capabilities of an inspection regime 
     given Iran's substantial size. He confirmed the need to have 
     a robust verification system on the ground. Baradei stated 
     that the Additional Protocol to the Nuclear Non-Proliferation 
     Treaty (NPT) was helpful but that Iran stopped implementing 
     it. The Additional Protocol was the result of an IAEA 
     initiative to better constrain NPT member-states' ability to 
     illicitly pursue nuclear weapons after secret nuclear weapons 
     programs in Iraq and North Korea exposed weaknesses in 
     existing agency safeguards. That effort eventually produced a 
     voluntary Additional Protocol, designed to strengthen and 
     expand existing IAEA safeguards for verifying that non-
     nuclear-weapon states-parties to the nuclear Nonproliferation 
     Treaty (NPT) only use nuclear materials and facilities only 
     for peaceful purposes. He stated that the Protocol gives him 
     a good handle on Iran's nuclear program in that it provides 
     access to additional facilities and information.
       We discussed other issues confronting the Middle East such 
     as the Palestinian question and Pakistan. I expressed my 
     concern over the controls Pakistan has on its nuclear 
     arsenal. Baradei agreed with my assessment and stated his 
     first concern is those countries that already possess 
     weapons. In the case of Pakistan, he stated his concern about 
     those weapons falling under militant control.
       Following our meeting with Dr. Baradei, we met with the 
     United Nations office on Drugs and Crime. Dr. Thomas 
     Pietschmann from the Research and Analysis Section and an 
     expert on Afghanistan, Mr. Jean-Luc Lemahieu, an Afghanistan 
     expert and Matthew Nice, a synthetic drug expert provided a 
     detailed brief on the UN's efforts globally with a focus on 
     Afghanistan. We discussed the patterns and trends in illicit 
     drug production, trafficking and abuse. The group provided 
     significant data on cultivation, eradication and supply and 
     demand. Following the briefing we flew from Vienna to 
     Brussels, Belgium.


                                BELGIUM

       On January 3, we met with Victoria Nuland, the U.S. 
     Ambassador to the North Atlantic Treaty Organization (NATO). 
     We discussed a wide range of topics to include NATO's 
     involvement in Afghanistan, the NATO-Russian dynamic, NATO 
     expanding global partnerships, the EU-NATO relationship, 
     Kosovo and missile defense.
       On January 4, we departed for our return to the United 
     States.
                                  ____



                                                  U.S. Senate,

                                  Washington, DC, January 2, 2008.
     Hon. Ban Ki-Moon,
     Secretary-General of the United Nations,
     New York, NY.
       Dear Secretary-General: In light of the uncertainty on who 
     assassinated former Pakistan Prime Minister Benazir Bhutto 
     and the impact of her assassination on the pending Pakistani 
     elections. I urge the United Nations, either alone or in 
     conjunction with the Musharraf government of Pakistan, to 
     appoint an investigating commission.
       Since President Musharraf has already suggested an 
     international investigation, joint action by the U.N. would 
     be consistent with Pakistani sovereignty. Even without the 
     voluntary joinder of the Musharraf government, it is obvious 
     that a U.N. investigatian would have greater public 
     credibility.
       In making this recommendation, I recollect the action taken 
     by President Lyndon Johnson within seven days after the 
     assassination of President John F. Kennedy to appoint an 
     independent investigating commission.
       As you may know, Representative Patrick Kennedy, member of 
     the U.S. House of Representatives (D-RI), and I were 
     scheduled to meet with Ms. Bhutto at 9 p.m. an Thursday, 
     December 27th. She had called for that late meeting because 
     she was fully engaged in campaigning that day. As 
     Representative Kennedy and I were preparing to depart for a 
     dinner with President Musharraf at 7 p.m. and the later 
     meeting with Ms. Bhutto, we were informed of her 
     assassination.
       I am further concerned by a report in the Boston Globe from 
     January 2, 2008 picking up a Washington Post story by Griff 
     Witte and Emily Wax which says:
       ``Senator Latif Khosa, a lawmaker from Bhutta's Pakistan 
     Peoples Party, said she had planned to give the lawmakers 
     (referring to Representative Kennedy and myself) a report 
     outlining complaints an `pre-poll rigging' by Musharraf's 
     government and the military-run Inter-Services Intelligence 
     Directorate.''
       In a matter of this sort it is to be expected, based on 
     what happened following the assassination of President 
     Kennedy, to have a wide range of allegations and conspiracy 
     theories.
       It would be expected that expert investigative bodies like 
     the FBI and Scotland Yard and other national, reputable 
     investigating organizations would be willing to undertake 
     such an investigation under the name of the United Nations.
           Sincerely,
     Arlen Specter.
                                  ____



                                                  U.S. Senate,

                                 Washington, DC, January 17, 2008.
     Hon. Ban Ki-Moon,
     Secretary-General of the United Nations,
     United Nations Headquarters, New York, NY.
       Dear Secretary-General: By letter dated January 2, 2008, 1 
     requested that the United Nations initiate an investigation 
     into the assassination of former Pakistani Prime Minister 
     Benazir Bhutto. With this letter, I am enclosing for you a 
     copy of that letter and would appreciate a response.
       After considering the matter further and watching 
     developments, it is my view that the United Nations should 
     organize a standing commission to investigate assassinations 
     which would have international importance. We are seeing 
     terrorism, supplemented by assassinations, becoming 
     commonplace to achieve political objectives.
       While a United Nations investigation into the assassination 
     of former Prime Minister Bhutto is still something that 
     should be done, it would obviously have been much better to 
     have had a unit in existence which could be immediately 
     dispatched to the scene to investigate the locale as soon as 
     possible and to interrogate witnesses while their memories 
     are fresh and before others might try to stop them from 
     talking.
       I would very much appreciate your response on these 
     important matters.
           Sincerely,
     Arlen Specter.
                                  ____



                                                  U.S. Senate,

                                 Washington, DC, January 22, 2008.
     Hon. Sarfraz Khan Lashari,
     Election Monitor,
     Pakistan People's Party
       Dear Mr. Lashari: It is my understanding that Ms. Bhutto 
     may have intended to present me with a report detailing 
     election fraud in Pakistan's upcoming election at the time of 
     our scheduled meeting on December 27, 2007.
       According to a January 1, 2008 article in The Guardian, you 
     told reporters, ``That's what she was going to explain to the 
     U.S. Senators.'' ``We have a lot of evidence that the 
     government is involved in rigging. It was going to be 
     discussed on that evening.'' I am very interested in 
     examining any material that your party may have prepared for 
     my review.
       Americans are closely watching what is happening in 
     Pakistan. Any help you can provide in shedding light on this 
     tragic event may further the investigation into Ms. Bhutto's 
     death, as well as help to ensure that the upcoming elections 
     are free and fair.
       I Thank you for your consideration of this request. I look 
     forward to your response.
       My best.
           Sincerely,
     Arlen Specter.
                                  ____



                                                  U.S. Senate,

                                                   Washington, DC.
       Mr. Asif Ali Zardari: Please accept my sincere condolences 
     on the loss of your wife.
       Since my wife and I first visited your wife in Kurachi some 
     twenty years ago, and in follow-up meetings when she was 
     Prime Minister in Islamabad and thereafter in Washington, I 
     have had great respect and admiration for her.
       As you may know, Representative Patrick Kennedy and I were 
     scheduled to meet with Ms. Bhutto at 9 p.m. on December 27, 
     2007, and were shocked by the assassination. I have noted in 
     the press that the Honorable Sarfraz Khan Lashari was quoted 
     in a January 1, 2008 article in the Guardian that Ms. Bhutto 
     was going to turn over evidence of election-rigging to 
     Representative Kennedy and me at our meeting.
       With this letter, I am enclosing for you a copy of my 
     letter to Mr. Lashari.
       If you have any such evidence in your possession and would 
     care to transmit it to me, I would be very pleased to receive 
     it.

[[Page 522]]

       I am sure you will be interested to know that I wrote to UN 
     Secretary General Ban Ki-Moon on January 2, 2008 calling for 
     an international investigation of the assassination. I have 
     not yet had a response.
       I am also writing today to the UN Secretary General urging 
     that the United Nations set up a standing investigating 
     commission which would be available to move quickly to 
     investigate any future assassinations.
       With this letter I am enclosing copies of both those 
     letters for you.
       Again, my condolences. Let me know if I can be of further 
     assistance.
       My best.
           Sincerely,
     Arlen Specter.

                          ____________________




                     AMERICAN REVOLUTIONARY CENTER

  Mr. SPECTER. Mr. President, I wish to discuss the current situation 
with regard to siting of the American Revolution Center at Valley 
Forge, a museum dedicated to interpreting, honoring, and celebrating 
the complete story of the entire American Revolution, within Valley 
Forge National Historical Park in Pennsylvania.
  I have been working with the American Revolution Center for a number 
of years, and there has been no shortage of challenges. The current 
challenge is related to zoning issues in Lower Providence Township, 
Montgomery County. The township has approved a zoning ordinance to 
enable development of the American Revolution Center on a 78-acre 
parcel of land that is within the federally authorized boundary of 
Valley Forge National Historical Park but not owned by the National 
Park Service. The 78-acre parcel is part of a larger 125-acre tract of 
land that is in danger of housing development. Not only would the 
American Revolution Center, a tax-exempt 501(c)(3) organization, 
develop a museum dedicated to the Revolutionary War, but it would also 
preserve the remaining 47 acres as open space.
  I have supported appropriating Federal funding to acquire the 
aforementioned land that is in jeopardy of residential development. In 
fiscal year 2005, I helped secure $1.5 million for the National Park 
Service to begin acquiring 85 acres that were related to the 125-acre 
tract that is now connected with the American Revolution Center. In 
fiscal years 2006 and 2007, I supported the appropriation of $9 million 
and $3.1 million, respectively, for the Park Service to complete the 
125-acre acquisition. However, due to increasing fiscal constraints, no 
funding was available at that time to continue the project. 
Additionally, in fiscal year 2004, I helped secure $5 million for the 
National Park Service to acquire other land within the Valley Forge 
boundary to also prevent it from housing development.
  By the American Revolution Center taking possession of this land, it 
is easing the financial and obligatory burden of the Federal Government 
to preserve this sacred ground. Additionally, I am confident that those 
in charge of the administration of the American Revolution Center will 
be responsible stewards of the historical integrity of the land and 
ensure its conservation for generations to come. I am also confident 
that the Lower Providence Township managers, the local governing 
branch, will appropriately manage the zoning ordinance for the 125-acre 
tract under current direction of the American Revolution Center to 
guarantee its conservation should the museum ever vacate the property.
  Thus, recognizing the importance of Valley Forge to the founding of 
the United States, the creation of a museum to celebrate its history 
and preserve the park's integrity is a positive development. Local 
government decisions regarding private land use ought to be respected, 
and I strongly urge the Department of the Interior, the National Park 
Service, and the American Revolution Center to work cooperatively to 
expedite the creation of this museum, which is long overdue.

                          ____________________




                 U.S. SENATE TRAVEL REGULATIONS UPDATE

  Mrs. FEINSTEIN. Mr. President, I wish to inform all Senators that the 
Committee on Rules and Administration has updated the U.S. Senate 
Travel Regulations to include two changes.
  First, P.L. 110-81 requires the Rules Committee to make certain 
changes to the U.S. Senate Travel Regulations. The provision dealing 
with how Members estimate costs for charter jets is amended in section 
III Transportation, paragraph C, of the Travel Regulations, as follows:

       C. Corporate/Private Aircraft: Reimbursement of official 
     expenses for the use of a corporate or private aircraft is 
     allowable from the contingent fund of the Senate provided the 
     traveler complies with the prohibitions, restrictions, and 
     authorizations specified in these regulations. Moreover, 
     pursuant to the Ethics Committee Interpretive Ruling 444, 
     excess campaign funds may be used to defray official expenses 
     consistent with the regulations promulgated by the Federal 
     Election Commission.
       i. An amendment to Rule XXXV of the Standing Rules of the 
     Senate, paragraph 1(c)(1)(C), enacted September 14, 2007, 
     pursuant to P.L. 110-81, states:
       (C)(i) Fair market value for a flight on an aircraft 
     described in item (ii) shall be the pro rata share of the 
     fair market value of the normal and usual charter fare or 
     rental charge for a comparable plane of comparable size, as 
     determined by dividing such cost by the number of Members, 
     officers, or employees of Congress on the flight.
       (ii) A flight on an aircraft described in this item is any 
     flight on an aircraft that is not--
       (I) operated or paid for by an air carrier or commercial 
     operator certificated by the Federal Aviation Administration 
     and required to be conducted under air carrier safety rules; 
     or
       (II) in the case of travel which is abroad, an air carrier 
     or commercial operator certificated by an appropriate foreign 
     civil aviation authority and the flight is required to be 
     conducted under air carrier safety rules.
       (iii) This subclause shall not apply to an aircraft owned 
     or leased by a governmental entity or by a Member of Congress 
     or a Member's immediate family member (including an aircraft 
     owned by an entity that is not a public corporation in which 
     the Member or Member's immediate family member has an 
     ownership interest), provided that the Member does not use 
     the aircraft anymore than the Member's or immediate family 
     member's proportionate share of ownership allows.
       ii. Prior to the commencement of official travel on a 
     corporate or private aircraft, the traveler or the traveler's 
     designee shall contact a charter company in the departure or 
     destination city to request a written estimate of the cost of 
     a flight between the two cities on a similar aircraft of 
     comparable size being provided by the corporation or private 
     entity.
       1. For example, if a Learjet 45 XR aircraft is being 
     provided by the corporation or private entity, the traveler 
     or the traveler's designee shall request a written estimate 
     of the cost to charter a Learjet 45 XR aircraft from the 
     departure city to the destination city.
       2. If no charter company is located in either the departure 
     or destination city which rents a similar aircraft of 
     comparable size, a charter company nearest either the 
     destination or departure city which does so shall be 
     contacted for a written estimate.
       iii. Following the completion of official travel on a 
     corporate or private aircraft, reimbursement for related 
     expenses may be processed on direct pay vouchers payable to 
     each individual traveler, to the corporation or private 
     entity, or to the travel charge card vendor. The written 
     estimate received from the charter company shall be attached 
     to the voucher for processing.

  The second change concerns travel by Members to the home State for 
funerals. The provision is amended in section of the Travel Regulations 
entitled ``Special Events, II. Funerals,'' as follows:

       II. Funerals: Members who represent the Senate at the 
     funeral of a Member or former Member may be reimbursed for 
     the actual and necessary expenses of their attendance, 
     pursuant to S. Res. 263, agreed to July 30, 1998. 
     Additionally, the actual and necessary expenses of a 
     committee appointed to represent the Senate at the funeral of 
     a deceased Member or former Member may be reimbursed pursuant 
     to S. Res. 458, agreed to October 4, 1984.
       A. Pursuant to 2 U.S.C. 58e, which authorizes reimbursement 
     for travel while on official business within the United 
     States, Members and their staff may be reimbursed for the 
     actual and necessary expenses of attending funerals within 
     their home state only.
       B. Examples of funerals that may be considered official 
     business include, but are not limited to, funerals for 
     military servicemembers, first responders, or public 
     officials from the Member's state.

  These changes became effective on December 20, 2007.
  Mr. President, I ask unanimous consent to have the updated U.S. 
Senate Travel Regulations printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

[[Page 523]]



Authority of the Committee on Rules and Administration To Issue Senate 
                           Travel Regulations

       The travel regulations herein have been promulgated by the 
     Committee on Rules and Administration pursuant to the 
     authority vested in it by paragraph 1(n)(1)8 of Rule XXV of 
     the Standing Rules of the Senate and by section 68 of Title 2 
     of the United States Code, the pertinent portions of which 
     provisions are as follows:

                      Standing Rules of the Senate


                                rule XXV

                           paragraph 1(n)(1)8

       (n)(1) Committee on Rules and Administration, to which 
     committee shall be referred . . . matters relating to the 
     following subjects: . . .
       8. Payment of money out of the contingent fund of the 
     Senate or creating a charge upon the same . . .

                           United States Code


                           title 2 section 68

     Sec. 68. Payments from contingent fund of Senate
       No payment shall be made from the contingent fund of the 
     Senate unless sanctioned by the Committee on Rules and 
     Administration of the Senate . . .  .

                United States Senate Travel Regulations

       Revised by the Committee on Rules and Administration
       United States Senate, effective October 1, 1991 as amended 
     January 1, 1999, as further amended December 7, 2006, as 
     further amended October 29, 2007, as further amended December 
     20, 2007.

                          General Regulations

       Travel Authorization
       A. Only those individuals having an official connection 
     with the function involved may obligate the funds of said 
     function.
       B. Funds disbursed by the Secretary of Senate may be 
     obligated by:
       1. Members of standing, select, special, joint, policy or 
     conference committees
       2. Staff of such committees
       3. Employees properly detailed to such committees from 
     other agencies
       4. Employees of Members of such committees whose salaries 
     are disbursed by the Secretary of the Senate and employees 
     appointed under authority of section 111 of Public Law 95-94, 
     approved August 5, 1977, when designated as ``ex officio 
     employees'' by the Chairman of such committee. Approval of 
     the reimbursement voucher will be considered sufficient 
     designation.
       5. Senators, including staff and nominating board members. 
     (Also individuals properly detailed to a Senator's office 
     under authority of Section 503(b)(3) of P.L. 96-465, approved 
     October 17, 1980.)
       6. All other administrative offices, including Officers and 
     staff.
       c. An employee who transfers from one office to another on 
     the same day he/she concludes official travel shall be 
     considered an employee of the former office until the 
     conclusion of that official travel.
       D. All travel shall be either authorized or approved by the 
     chairman of the committee, Senator, or Officer of the Senate 
     to whom such authority has been properly delegated. The 
     administrative approval of the voucher will constitute the 
     approvals required. It is expected that ordinarily the 
     authority will be issued prior to the expenses being incurred 
     and will specify the travel to be performed as such possible 
     unless circumstances in a particular case prevent such 
     action.
       E. Official Travel Authorizations: The General Services 
     Administration, on behalf of the Committee on Rules and 
     Administration, has contracted with several air carriers to 
     provide discount air fares for Members, Officers, and 
     employees of the Senate only when traveling on official 
     business. This status is identifiable to the contracting air 
     carriers by one of the following ways:
       1. The use of a government issued travel charge card
       2. The use of an ``Official Travel Authorization'' form 
     which must be submitted to the air carrier prior to 
     purchasing a ticket. These forms must be personally approved 
     by the Senator, chairman, or Officer of the Senate under 
     whose authority the travel for official business is taking 
     place. Payment must be made in advance by cash, credit card, 
     check, or money order. The Official Travel Authorization 
     forms are available in the Senate Disbursing Office.
       II. Funds for Traveling Expenses
       A. Individuals traveling on official business for the 
     Senate will provide themselves with sufficient funds for all 
     current expenses, and are expected to exercise the same care 
     in incurring expenses that a prudent person would exercise if 
     traveling on personal business.
       1. Travel Advances
       (a) Advances to Committees (P.L. 81-118)
       (1) Chairmen of joint committees operating from the 
     contingent fund of the Senate, and chairmen of standing, 
     special, select, policy, or conference committees of the 
     Senate, may requisition an advance of the funds authorized 
     for their respective committees.
       (a) When any duty is imposed upon a committee involving 
     expenses that are ordered to be paid out of the contingent 
     fund of the Senate, upon vouchers to be approved by the 
     chairman of the committee charged with such duty, the receipt 
     of such chairman for any sum advanced to him[her] or his[her] 
     order out of said contingent fund by the Secretary of the 
     Senate for committee expenses not involving personal services 
     shall be taken and passed by the accounting officers of the 
     Government as a full and sufficient voucher; but it shall be 
     the duty of such chairman, as soon as practicable, to furnish 
     to the Secretary of the Senate vouchers in detail for the 
     expenses so incurred.
       (2) Upon presentation of the properly signed statutory 
     advance voucher, the Disbursing Office will make the original 
     advance to the chairman or his/her representative. This 
     advance may be in the form of a check, or in cash, receipted 
     for on the voucher by the person receiving the advance. Under 
     no circumstances are advances to be used for the payment of 
     salaries or obligations, other than petty cash transactions 
     of the committee.
       (3) In no case shall a cash advance be paid more than seven 
     (7) calendar days prior to the commencement of official 
     travel. In no case shall an advance in the form of a check be 
     paid more than fourteen (14) calendar days prior to the 
     commencement of official travel. Requests for advances in the 
     form of a check should be received by the Senate Disbursing 
     Office no less than five (5) calendar days prior to the 
     commencement of official travel. The amount of the advance 
     then becomes the responsibility of the individual receiving 
     the advance, in that he/she must return the amount advanced 
     before or shortly after the expiration of the authority under 
     which these funds were obtained.
       (Regulations Governing Cash Advances for Official Senate 
           Travel adopted by the Committee on Rules and 
           Administration, effective July 23, 1987, pursuant to S. 
           Res. 258, October 1, 1987, as applicable to Senate 
           committees)
       (4) Travel advances shall be made prior to the commencement 
     of official travel in the form of cash, direct deposit, or 
     check. Travel advance requests shall be signed by the 
     Committee Chairman and a staff person designated with 
     signature authority.
       (5) Cash: Advances for travel in the form of cash shall be 
     picked up only in the Senate Disbursing Office and will be 
     issued only to the person traveling (photo ID required), with 
     exceptions being made for Members and elected Officers of the 
     Senate. The traveler (or the individual receiving the advance 
     in the case of a travel advance for a Member or elected 
     Officer of the Senate) shall sign the travel advance form to 
     acknowledge receipt of the cash.
       (6) In those cases when a travel advance has been paid, 
     every effort should be made by the office in question to 
     submit to the Senate Disbursing Office a corresponding travel 
     voucher within twenty-one (21) days of the conclusion of such 
     official travel.
       (7) Travel advances for official Senate travel shall be 
     repaid within 30 days after completion of travel. Anyone with 
     an outstanding advance at the end of the 30 day period will 
     be notified by the Disbursing Office that they must repay 
     within 15 days, or their salary may be garnisheed in order to 
     satisfy their indebtedness to the Federal government.
       (8) In those cases when a travel advance has been paid for 
     a scheduled trip which prior to commencement is canceled or 
     postponed indefinitely, the traveler should immediately 
     return the travel advance to the Senate Disbursing Office.
       (9) No more than two (2) travel advances per traveler may 
     be outstanding at any one time.
       (10) The amount authorized for each travel advance should 
     not exceed the estimated total of official out-of-pocket 
     expenses for the trip in question. The minimum travel advance 
     that can be authorized for the official travel expenses of a 
     Committee Chairman and his/her staff is $200.
       (11) The aggregate total of travel advances for committees 
     shall not exceed $5,000, unless otherwise authorized by prior 
     approval of the Committee on Rules and Administration.
       (b) Advances to Senators and their staffs (2 U.S.C. 58(j))
       (Regulations for Travel Advances for Senators and Their 
           Staffs adopted by the Committee on Rules and 
           Administration, effective April 20, 1983, pursuant to 
           P.L. 97-276)
       (1) Travel advances from a Senators' Official Personnel and 
     Office Expense Account must be authorized by that Senator for 
     himself/herself as well as for his/her staff. Staff is 
     defined as those individuals whose salaries are funded from 
     the Senator's account. An employee in the Office of the 
     President Pro Tempore, the Deputy President Pro Tempore, the 
     Majority Leader, the Minority Leader, the Majority Whip, the 
     Minority Whip, the Secretary for the Conference of the 
     Majority, or the Secretary for the Conference of the Minority 
     shall be considered an employee in the office of the Senator 
     holding such office.
       (2) Advances shall only be used to defray official travel 
     expenses . . .
       (3) Travel advances shall be made prior to the commencement 
     of official travel in the

[[Page 524]]

     form of cash, direct deposit, or check. Travel advance 
     requests shall be signed by the Member and a staff person 
     designated with signature authority.
       (4) Cash: Advances in the form of cash shall be picked up 
     only in the Senate Disbursing Office and will be issued only 
     to the person traveling (photo ID required), with exceptions 
     being made for Members and elected Officers of the Senate. 
     The traveler (or the individual receiving the advance in the 
     case of a travel advance for a Member or elected Officer of 
     the Senate) will sign the travel advance form to acknowledge 
     receipt of the cash.
       (5) In no case shall a travel advance in the form of cash 
     be paid more than seven (7) calendar days prior to the 
     commencement of official travel. In no case shall an advance 
     in the form of a direct deposit or check be paid more than 
     fourteen (14) calendar days prior to the commencement of 
     official travel. Requests for advances in the form of a 
     direct deposit or check should be received by the Senate 
     Disbursing Office no less than five (5) calendar days prior 
     to the commencement of official travel.
       (6) In those cases when a travel advance has been paid, 
     every effort should be made by the office in question to 
     submit to the Senate Disbursing Office a corresponding travel 
     voucher within twenty-one (21) days of the conclusion of such 
     official travel.
       (7) Travel advances for official Senate travel shall be 
     repaid within 30 days after completion of travel. Anyone with 
     an outstanding advance at the end of the 30 day period will 
     be notified by the Senate Disbursing Office that they must 
     repay within 15 days, or their salary may be garnisheed in 
     order to satisfy their indebtedness to the Federal 
     government.
       (8) In those instances when a travel advance has been paid 
     for a scheduled trip which prior to commencement is canceled 
     or postponed indefinitely, the traveler in question should 
     immediately return the travel advance to the Senate 
     Disbursing Office.
       (9) The amount authorized for each travel advance should 
     not exceed the estimated total of official out-of-pocket 
     travel expenses for the trip in question. The minimum travel 
     advance that can be authorized for the official travel 
     expenses of a Senator and his/her staff is $200. No more than 
     two (2) travel advances per traveler may be outstanding at 
     any one time.
       (10) The aggregate total of travel advances per Senator's 
     office shall not exceed 10% of the expense portion of the 
     Senators' Official Personnel and Office Expense Account, or 
     $5,000, whichever is greater.
       (c) Advances to Administrative Offices of the Senate
       (Regulations Governing Cash Advances for Official Senate 
           Travel, adopted by the Committee on Rules and 
           Administration, effective July 23, 1987, pursuant to S. 
           Res. 258, October 1, 1987, as amended, as applicable to 
           Senate administrative offices)
       (1) Travel advances shall be made prior to the commencement 
     of official travel in the form of cash, direct deposit, or 
     check. Travel advance requests shall be signed by the 
     applicable Officer of the Senate and a staff person 
     designated with signature authority.
       (2) Cash: Advances in the form of cash shall be picked up 
     only in the Senate Disbursing Office and will be issued only 
     to the person traveling (photo ID required), with exceptions 
     being made for Members and elected Officers of the Senate. 
     The traveler (or the individual receiving the advance in the 
     case of a travel advance for a Member or elected Officer of 
     the Senate) will sign the travel advance form to acknowledge 
     receipt of the cash.
       (3) In no case shall a travel advance be paid more than 
     seven (7) calendar days prior to the commencement of official 
     travel. In no case shall an advance in the form of a direct 
     deposit or check be paid more than fourteen (14) calendar 
     days prior to the commencement of official travel. Requests 
     for advances in the form of a direct deposit or check should 
     be received by the Senate Disbursing Office no less than five 
     (5) calendar days prior to the commencement of official 
     travel.
       (4) In those cases when a travel advance has been paid, 
     every effort should be made by the office in question to 
     submit to the Senate Disbursing Office a corresponding travel 
     voucher within twenty-one (21) days of the conclusion of such 
     official travel.
       (5) Travel advances for official Senate travel shall be 
     repaid within 30 days after completion of travel. Anyone with 
     an outstanding advance at the end of the 30 day period will 
     be notified by the Disbursing Office that they must repay 
     within 15 days, or their salary may be garnisheed in order to 
     satisfy their indebtedness to the Federal government.
       (6) In those instances when a travel advance has been paid 
     for a scheduled trip which prior to commencement is canceled 
     or postponed indefinitely, the traveler in question should 
     immediately return the travel advance to the Senate 
     Disbursing Office.
       (7) The amount authorized for each travel advance should 
     not exceed the estimated total of official out-of-pocket 
     travel expenses for the trip in question. The minimum travel 
     advance that can be authorized for the official travel 
     expenses of a Senator Officer and his/her staff is $200. No 
     more than two (2) travel advances per traveler may be 
     outstanding at any one time.
       (d) Office of the Secretary of the Senate (2 U.S.C. 61a-9a)
       (1) . . . The Secretary of the Senate is authorized to 
     advance, with his discretion, to any designated employee 
     under his jurisdiction, such sums as may be necessary, not 
     exceeding $1,000, to defray official travel expenses in 
     assisting the Secretary in carrying out his duties . . .
       (e) Office of the Sergeant at Arms and Doorkeeper of the 
     Senate (2 U.S.C. 61f-1a)
       (1) For the purpose of carrying out his duties, the 
     Sergeant at Arms and Doorkeeper of the Senate is authorized 
     to incur official travel expenses during each fiscal year not 
     to exceed sums made available for such purpose under 
     appropriations Acts. With the approval of the Sergeant at 
     Arms and Doorkeeper of the Senate and in accordance with such 
     regulations as may be promulgated by the Senate Committee on 
     Rules and Administration, the Secretary of the Senate is 
     authorized to advance to the Sergeant at Arms or to any 
     designated employee under the jurisdiction of the Sergeant at 
     Arms and Doorkeeper, such sums as may be necessary to defray 
     official travel expenses incurred in carrying out the duties 
     of the Sergeant at Arms and Doorkeeper. The receipt of any 
     such sum so advanced to the Sergeant at Arms and Doorkeeper 
     or to any designated employee shall be taken and passed by 
     the accounting officers of the Government as a full and 
     sufficient voucher; but it shall be the duty of the traveler, 
     as soon as practicable, to furnish to the Secretary of the 
     Senate a detailed voucher of the expenses incurred for the 
     travel to which the sum was so advanced, and make settlement 
     with respect to such sum. Payments under this section shall 
     be made from funds included in the appropriations account, 
     within the contingent fund of the Senate, for the Sergeant at 
     Arms and Doorkeeper of the Senate, upon vouchers approved by 
     the Sergeant at Arms and Doorkeeper.
       (Committee on Rules and Administration Regulations for 
           Travel Advances for the Office of the Senate Sergeant 
           at Arms)
       (a) General.--With the written approval of the Sergeant at 
     Arms or designee, advances from the contingent expense 
     appropriation account for the Office of the Sergeant at Arms 
     may be provided to the Sergeant at Arms or the Sergeant at 
     Arms' staff to defray official travel expenses, as defined by 
     the U.S. Senate Travel Regulations. Staff is defined as those 
     individuals whose salaries are funded by the line item within 
     the ``Salaries, Officers, and Employees'' appropriation 
     account for the Office of the Sergeant at Arms.
       (b) Forms.--Travel advance request forms shall include the 
     date of the request, the name of the traveler, the dates of 
     the official travel, the intended itinerary, the authorizing 
     signature of the Sergeant at Arms or his designee, and a 
     staff person designated with signature authority.
       (c) Payment of Advances.--
       (i) Travel advances shall be paid prior to the commencement 
     of official travel in the form of cash, direct deposit, or 
     check.
       (ii) Advances in the form of cash shall be picked up only 
     in the Senate Disbursing Office and will be issued only to 
     the person traveling (photo ID required), with exceptions 
     being made for Members and elected Officers of the Senate. 
     The traveler (or the individual receiving the advance in the 
     case of a travel advance for a Member or elected Officer of 
     the Senate) will sign the travel advance form to acknowledge 
     receipt of the cash.
       (iii) In no case shall a travel advance in the form of cash 
     be paid more than seven (7) calendar days prior to the 
     commencement of official travel. In no case shall a travel 
     advance in the form of a direct deposit or check be paid more 
     than fourteen (14) days prior to the commencement of official 
     travel. Requests for travel advances in the form of a direct 
     deposit or check should be received by the Senate Disbursing 
     Office no less than five (5) calendar days prior to the 
     commencement of official travel.
       (d) Repayment of Advances.--
       (i) The total of the expenses on a travel voucher shall be 
     offset by the amount of the corresponding travel advance, 
     providing for the payment (or repayment) of the difference 
     between the outstanding advance and the total of the official 
     travel expenses.
       (ii) In those cases when a travel advance has been paid, 
     every effort should be made to submit to the Senate 
     Disbursing Office a corresponding travel voucher within 
     twenty-one (21) days of the conclusion of such official 
     travel.
       (iii) Travel Advances for official Senate travel shall be 
     repaid within 30 days after completion of travel. Anyone with 
     an outstanding travel advance at the end of the 30 day period 
     will be notified by the Senate Disbursing Office that they 
     must repay within 15 days, or their salary may be garnisheed 
     in order to satisfy their indebtedness to the Federal 
     Government.
       (iv) In those instances when a travel advance has been paid 
     for a scheduled trip which prior to commencement is cancelled 
     or postponed indefinitely, the traveler in question should 
     immediately return the

[[Page 525]]

     travel advance to the Senate Disbursing Office.
       (e) Limits.--
       (i) To minimize the payment of travel advances, whenever 
     possible, travelers are expected to utilize the corporate and 
     individual travel cards approved by the Committee on Rules 
     and Administration.
       (ii) The amount authorized for each travel advance should 
     not exceed the estimated total of official out-of-pocket 
     travel expenses for the trip in question.
       (iii) The minimum travel advance that can be authorized for 
     official travel expenses is $200. No more than two (2) cash 
     advances per traveler may be outstanding at any one time.
       2. Government Travel Plans
       (a) Government Charge Cards
       (1) Individual government charge cards authorized by the 
     General Services Administration and approved by the Committee 
     on Rules and Administration are available to Members, 
     Officers, and employees of the Senate for official travel 
     expenses.
       (a) The employing Senator, chairman, or Officer of the 
     Senate should authorize only those staff who are or will be 
     frequent travelers. The Committee on Rules and Administration 
     reserves the right to cancel the annual renewal of the card 
     if the employee has not traveled on official business during 
     the previous year.
       (b) All reimbursable travel expenses may be charged to 
     these accounts including but not limited to per diem expenses 
     and incidentals. Direct pay vouchers to the charge card 
     vendor (currently Bank of America) may be submitted for the 
     airfare, train, and bus tickets charged to this account. All 
     other travel charges on the account must be paid to the 
     traveler for him/her to personally reimburse the charge card 
     vendor.
       (c) Timely payment of these Individually Billed travel 
     accounts is the responsibility of the cardholder. The General 
     Services Administration contract requires payment to the 
     account within 60 days before suspension is enforced on the 
     account. The account is cancelled and the cardholder's credit 
     is revoked when a past due balance is carried on the card for 
     120 days.
       (2) One Centrally Billed government charge account 
     authorized by the General Services Administration and 
     approved by the Committee on Rules and Administration are 
     available to each Member, Committee, and Administrative 
     Office for official transportation expenses in the form of 
     airfare, train, and bus tickets, and rental cars.
       (a) Direct pay vouchers to the charge card vendor 
     (currently Bank of America) may be submitted for the airfare, 
     train, and bus tickets, and rental car expenses charged to 
     this account.
       (b) Other transportation costs, per diem expenses, and 
     incidentals are not authorized charges for these accounts 
     unless expressly authorized by these regulations or through 
     prior approval from the Committee on Rules and 
     Administration.
       (c) Timely payment of these Centrally Billed travel 
     accounts is the responsibility of the cardholder, usually the 
     Office Manager or Chief Clerk of the office. The General 
     Services Administration contract requires payment to the 
     account within 60 days before suspension is enforced on the 
     account. The account is cancelled and the cardholder's credit 
     is revoked when a past due balance is carried on the card for 
     120 days.
       (3) A centrally billed account may be established through 
     the approved Senate vendor (currently the Combined Airlines 
     Ticket Office (CATO)) and will be charged against an account 
     number issued to each designated office; there are no charge 
     cards issued for such an account.
       III. Foreign Travel
       A. Reimbursement of foreign travel expenses is not 
     authorized from the contingent fund of Member offices.
       B. Committees, including all standing, select, and special 
     committees of the Senate and all joint committees of the 
     Congress whose funds are disbursed by the Secretary of the 
     Senate, are authorized funds for foreign travel from their 
     committee budget and through S. Res. 179, 95-1, 
     notwithstanding Congressional Delegations which are 
     authorized foreign travel funds under the authority of the 
     Mutual Security Act of 1954 (22 U.S.C. 1754).
       C. (Restrictions)--amendment to Rule XXXIX of the Standing 
     Rules of the Senate, pursuant to S. Res. 80, agreed to 
     January 28, 1987.
       1. (a) Unless authorized by the Senate (or by the President 
     of the United States after an adjournment sine die), no funds 
     from the United States Government (including foreign 
     currencies made available under section 502(b) of the Mutual 
     Security Act of 1954 (22 U.S.C. 1754(b), as amended) shall be 
     received by any Member of the Senate whose term will expire 
     at the end of a Congress after--
       (1) the date of the general election in which his successor 
     is elected; or
       (2) in the case of a Member who is not a candidate in such 
     general election, the earlier of the date of such general 
     election or the adjournment sine die of the second regular 
     session of that Congress.
       (b) The travel restrictions provided by subparagraph (a) 
     with respect to a Member of the Senate whose term will expire 
     at the end of a Congress shall apply to travel by--
       (1) any employee of the Member;
       (2) any elected Officer of the Senate whose employment will 
     terminate at the end of a Congress; and
       (3) any employee of a committee whose employment will 
     terminate at the end of a Congress.
       2. No Member, Officer, or employee engaged in foreign 
     travel may claim payment or accept funds from the United 
     States Government (including foreign currencies made 
     available under section 502(b) of the Mutual Security Act of 
     1954 (22 U.S.C. 1754(b)) for any expense for which the 
     individual has received reimbursement from any other source; 
     nor may such Member, Officer, or employee receive 
     reimbursement for the same expense more than once from the 
     United States Government. No Member, Officer, or employee 
     shall use any funds furnished to him[/her] to defray ordinary 
     and necessary expenses of foreign travel for any purpose 
     other than the purpose or purposes for which such funds were 
     furnished.
       3. A per diem allowance provided a Member, Officer, or 
     employee in connection with foreign travel shall be used 
     solely for lodging, food, and related expenses and it is the 
     responsibility of the Member, Officer, or employee receiving 
     such an allowance to return to the United States Government 
     that portion of the allowance received which is not actually 
     used for necessary lodging, food, and related expenses.
       IV. Reimbursable Expenses: Travel expenses (i.e., 
     transportation, lodging, meals and incidental expenses) which 
     will be reimbursed are limited to those expenses essential to 
     the transaction of official business while away from the 
     official station or post of duty.
       A. Member Duty Station(s): The official duty station of 
     Senate Members shall be considered to be the metropolitan 
     area of Washington, DC.
       1. During adjournment sine die or the August adjournment/
     recess period, the usual place of residence in the home 
     state, as certified for purposes of official Senate travel, 
     shall also be considered a duty station.
       2. Each Member shall certify in writing at the beginning of 
     each Congress to the Senate Disbursing Office his/her usual 
     place of residence in the home state; such certification 
     document shall include a statement that the Senator has read 
     and agrees to the pertinent travel regulations on permissible 
     reimbursements.
       3. For purposes of this provision, ``usual place of 
     residence'' in the home state shall encompass the area within 
     thirty-five (35) miles of the residence (by the most direct 
     route). If a Member has no ``usual place of residence'' in 
     his/her home state, he/she may designate a ``voting 
     residence,'' or any other ``legal residence,'' pursuant to 
     state law (including the area within thirty-five (35) miles 
     of such residence), as his/her duty station.
       B. Officer and Employee Duty Station
       1. In the case of an officer or employee, reimbursement for 
     official travel expenses other than interdepartmental 
     transportation shall be made only for trips which begin and 
     end in Washington, DC, or, in the case of an employee 
     assigned to an office of a Senator in the Senator's home 
     state, on trips which begin and end at the place where such 
     office is located.
       2. Travel may begin and/or end at the Senate traveler's 
     residence when such deviation from the duty station locale is 
     more advantageous to the government.
       3. For purposes of these regulations, the ``duty station'' 
     shall encompass the area within thirty-five (35) miles from 
     where the Senator's home state office or designated duty 
     station is located.
       C. No employee of the Senate, relative or supervisor of the 
     employee may directly benefit monetarily from the expenditure 
     of appropriated funds which reimburse expenses associated 
     with official Senate travel. Therefore, reimbursements are 
     not permitted for mortgage payments, or rental fees 
     associated with any type of leasehold interest.
       D. A duty station for employees, other than Washington, DC, 
     may be designated by Members, Committee Chairmen, and 
     Officers of the Senate upon written designation of such 
     station to the Senate Disbursing Office. Such designation 
     shall include a statement that the Member or Officer has read 
     and agrees to the pertinent travel regulations on permissible 
     reimbursements. The duty station may be the city of the 
     office location or the city of residence.
       E. For purposes of these regulations, the metropolitan area 
     of Washington, D.C., shall be defined as follows:
       1. The District of Columbia
       2. Maryland Counties of
       (a) Charles
       (b) Montgomery
       (c) Prince Georges
       3. Virginia Counties of
       (a) Arlington
       (b) Fairfax
       (c) Loudoun
       (d) Prince William
       4. Virginia Cities of
       (a) Alexandria
       (b) Fairfax
       (c) Falls Church
       (d) Manassas
       (e) Manassas Park
       5. Airport locations of
       (a) Baltimore/Washington International Thurgood Marshall 
     Airport

[[Page 526]]

       (b) Ronald Reagan Washington National Airport
       (c) Washington Dulles International Airport
       F. When the legislative business of the Senate requires 
     that a Member be present, then the round trip actual 
     transportation expenses incurred in traveling from the city 
     within the United States where the Member is located to 
     Washington, D.C., may be reimbursed from official Senate 
     funds.
       G. Any deviation from this policy will be considered on a 
     case by case basis upon the written request to, and approval 
     from, the Committee on Rules and Administration.
       V. Travel Expense Reimbursement Vouchers
       A. All persons authorized to travel on official business 
     for the Senate should keep a memorandum of expenditures 
     properly chargeable to the Senate, noting each item at the 
     time the expense is incurred, together with the date, and the 
     information thus accumulated should be made available for the 
     proper preparation of travel vouchers which must be itemized 
     on an official expense summary report and stated in 
     accordance with these regulations. The official expense 
     summary report form is available at the Senate Disbursing 
     Office or through the Senate Intranet.
       B. Computer generated vouchers should be submitted with a 
     signed original. Every travel voucher must show in the space 
     provided for such information on the voucher form the dates 
     of travel, the official travel itinerary, the value of the 
     transportation, per diem expenses, incidental expenses, and 
     conference/training fees incurred.
       C. Travel vouchers must be supported by receipts for 
     expenses in excess of $50. In addition, the Committee on 
     Rules and Administration reserves the right to request 
     additional clarification and/or certification upon the audit 
     of any expense seeking reimbursement from the contingent fund 
     of the Senate regardless of the expense amount.
       D. When presented independently, credit card receipts such 
     as VISA, MASTER CHARGE, or DINERS CLUB, etc. are not 
     acceptable documentation for lodging. If a hotel bill is lost 
     or misplaced, then the credit card receipt accompanied by a 
     certifying letter from the traveler to the Financial Clerk of 
     the Senate will be considered necessary documentation. Such 
     letter must itemize the total expenses in support of the 
     credit card receipt.

                        Transportation Expenses

       I. Common Carrier Transportation and Accommodations
       A. Transportation includes all necessary official travel on 
     railroads, airlines, helicopters, buses, streetcars, 
     taxicabs, and other usual means of conveyance. Transportation 
     may include fares and such expenses incidental to 
     transportation such as but not limited to baggage transfer. 
     When a claim is made for common carrier transportation 
     obtained with cash, the travel voucher must show the amount 
     spent, including Federal transportation tax, and the mode of 
     transportation used.
       1. Train Accommodations
       (a) Sleeping-car accommodations: The lowest first class 
     sleeping accommodations available shall be allowed when night 
     travel is involved. When practicable, through sleeping 
     accommodations should be obtained in all cases where more 
     economical to the Senate.
       (b) Parlor-car and coach accommodations: One seat in a 
     sleeping or parlor car will be allowed. Where adequate coach 
     accommodations are available, coach accommodations should be 
     used to the maximum extent possible, on the basis of 
     advantage to the Senate, suitability and convenience to the 
     traveler, and nature of the business involved.
       2. Airplane Accommodations
       (a) First-class and air-coach accommodations: It is the 
     policy of the Senate that persons who use commercial air 
     carriers for transportation on official business shall use 
     less than first-class accommodations instead of those 
     designated first-class with due regard to efficient conduct 
     of Senate business and the travelers' convenience, safety, 
     and comfort.
       (b) Use of United States-flag air carriers: All official 
     air travel shall be performed on United States-flag air 
     carriers except where travel on other aircraft (1) is 
     essential to the official business concerned, or (2) is 
     necessary to avoid unreasonable delay, expense, or 
     inconvenience.
       (B) Change in Travel Plans: When a traveler finds he/she 
     will not use accommodations which have been reserved for him/
     her, he/she must release them within the time limits 
     specified by the carriers. Likewise, where transportation 
     service furnished is inferior to that called for by a ticket 
     or where a journey is terminated short of the destination 
     specified, the traveler must report such facts to the proper 
     official. Failure of travelers to take such action may 
     subject them to liability for any resulting losses.
       1. ``No show'' charges, if incurred by Members or staff 
     personnel in connection with official Senate travel, shall 
     not be considered payable or reimbursable from the contingent 
     fund of the Senate.
       2. Senate travelers exercising proper prudence can make 
     timely cancellations when necessary in order to avoid ``no 
     show'' assessments.
       3. A Member shall be permitted to make more than one 
     reservation on scheduled flights with participating airlines 
     when such action assists the Member in conducting his/her 
     official business.
       C. Compensation Packages: In the event that a Senate 
     traveler is denied passage or gives up his/her reservation 
     due to overbooking on transportation for which he/she held a 
     reservation and this results in a payment of any rebate, this 
     payment shall not be considered as a personal receipt by the 
     traveler, but rather as a payment to the Senate, the agency 
     for which and at whose expense the travel is being performed.
       1. Such payments shall be submitted to the appropriate 
     individual for the proper disposition when the traveler 
     submits his/her expense account.
       2. Through fares, special fares, commutation fares, 
     excursion, and reduced-rate round trip fares should be used 
     for official travel when it can be determined prior to the 
     start of a trip that any such type of service is practical 
     and economical to the Senate.
       3. Round-trip tickets should be secured only when, on the 
     basis of the journey as planned, it is known or can be 
     reasonably anticipated that such tickets will be utilized.
       D. Ticket Preparation Fees: Each Chairman, Senator, or 
     Officer of the Senate may, at his/her discretion, authorize 
     in extenuating circumstances the reimbursement of penalty 
     fees associated with the cancellation of through fares, 
     special fares, commutation fares, excursion, reduced-rate 
     round trip fares and fees for travel arrangements, provided 
     that reimbursement of such fees offers the best value and 
     does not exceed $30.
       E. Frequent Flyer Miles: Travel promotional awards (e.g. 
     free travel, travel discounts, upgrade certificates, coupons, 
     frequent flyer miles, access to carrier club facilities, and 
     other similar travel promotional items) obtained by a Member, 
     officer or employee of the Senate while on official travel 
     may be utilized for personal use at the discretion of the 
     Member or officer pursuant to this section.
       1. Travel Awards may be retained and used at the sole 
     discretion of the Member or officer only if the Travel Awards 
     are obtained under the same terms and conditions as those 
     offered to the general public and no favorable treatment is 
     extended on the basis of the Member, officer or employee's 
     position with the Federal Government.
       2. Members, officers and employees may only retain Travel 
     Awards for personal use when such Travel Awards have been 
     obtained at no additional cost to the Federal Government. It 
     should be noted that any fees assessed in connection with the 
     use of Travel Awards shall be considered a personal expense 
     of the Member, officer or employee and under no circumstances 
     shall be paid for or reimbursed from official funds.
       3. Although this section permits Members, officers and 
     employees of the Senate to use Travel Awards at the 
     discretion of the Member or officer, the Committee encourages 
     the use of such Travel Awards (whenever practicable) to 
     offset the cost of future official travel.
       F. Indirect Travel: In case a person, for his/her own 
     convenience, travels by an indirect route or interrupts 
     travel by direct route, the extra expense will be borne by 
     the traveler. Reimbursement for expenses shall be allowed 
     only on such charges as would have been incurred by the 
     official direct route. Personal travel should be noted on the 
     traveler's expense summary report when it interrupts official 
     travel.
       G. Public Transportation During Official Travel: 
     Transportation by bus, streetcar, subway, or taxicab, when 
     used in connection with official travel, will be allowed as 
     an official transportation expense.
       H. Dual Purpose Travel: Dual purpose travel occurs when a 
     Senator, staffer, or other official traveler conducts both 
     Senatorial office business and Committee office business 
     during the same trip. The initial point at which official 
     business is conducted will determine the fund which will be 
     charged for travel expenses from and to Washington, DC. 
     Examples include:
       1. If committee business is conducted at the first stop in 
     the trip, travel expenses from Washington, DC, to said point 
     and return will be chargeable to the committee's funds. 
     Additional travel expenses from said point to other points in 
     the United States, incurred by reason of conducting 
     senatorial business, will be charged to the Senators' 
     Official Personnel and Office Expense Account.
       2.. If senatorial business is conducted at the first stop 
     in the trip, travel expenses from Washington, DC, to said 
     point and return will be chargeable to the Senators' Official 
     Personnel and Office Expense Account. Committee funds will be 
     charged with any additional travel expenses incurred for the 
     purpose of performing committee business.
       I. Interrupted Travel: If a traveler interrupts official 
     travel for personal business, the traveler may be reimbursed 
     for transportation expenses incurred which are less than or 
     equal to the amount the traveler would have been reimbursed 
     had he/she not interrupted travel for personal business. 
     Likewise, if a traveler departs from or returns to a city 
     other than the traveler's duty station or residence for 
     personal business, then the

[[Page 527]]

     traveler may be reimbursed for transportation expenses 
     incurred which are less than or equal to the amount the 
     traveler would have been reimbursed had the witness departed 
     from and returned to his/her duty station or residence.
       II. Baggage
       A. The term ``baggage'' as used in these regulations means 
     Senate property and personal property of the traveler 
     necessary for the purposes of the official travel.
       B. Baggage in excess of the weight or of size greater than 
     carried free by transportation companies will be classed as 
     excess baggage. Where air-coach or air-tourist accommodations 
     are used, transportation of baggage up to the weight carried 
     free on first-class service is authorized without charge to 
     the traveler; otherwise excess baggage charges will be an 
     allowable expense.
       C. Necessary charges for the transfer of baggage will be 
     allowed. Charges for the storage of baggage will be allowed 
     when such storage was solely on account of official business. 
     Charges for porters and checking baggage at transportation 
     terminals will be allowed.
       III. Use of Conveyances: When authorized by the employing 
     Senator, Chairman, or Officer of the Senate, certain 
     conveyances may be used when traveling on official Senate 
     business. Specific types of conveyances are privately owned, 
     special, and private airplane.
       A. Privately Owned
       1. Chairmen of committees, Senators, Officers of the 
     Senate, and employees, regardless of subsistence status and 
     hours of travel, shall, whenever such mode of transportation 
     is authorized or approved as more advantageous to the Senate, 
     be paid the appropriate mileage allowance in lieu of actual 
     expenses of transportation. This amount should not exceed the 
     maximum amount authorized by statute for use of privately 
     owned motorcycles, automobiles, or airplanes, when engaged in 
     official business within or outside their designated duty 
     stations. It is the responsibility of the office to fix such 
     rates, within the maximum, as will most nearly compensate the 
     traveler for necessary expenses.
       2. In addition to the mileage allowance there may be 
     allowed reimbursement for the actual cost of automobile 
     parking fees (except parking fees associated with commuting); 
     ferry fees; bridge, road, and tunnel costs; and airplane 
     landing and tie-down fees.
       3. When transportation is authorized or approved for 
     motorcycles or automobiles, mileage between points traveled 
     shall be certified by the traveler. Such mileage should be in 
     accordance with the Standard Highway Mileage Guide. Any 
     substantial deviations shall be explained on the 
     reimbursement voucher.
       4. In lieu of the use of taxicab, payment on a mileage 
     basis at a rate not to exceed the maximum amount authorized 
     by statute will be allowed for the round-trip mileage of a 
     privately owned vehicle used in connection with an employee 
     going from either his/her place of abode or place of business 
     to a terminal or from a terminal to either his/her place of 
     abode or place of business: Provided, that the amount of 
     reimbursement for round-trip mileage shall not in either 
     instance exceed the taxicab fare for a one-way trip between 
     such applicable points, notwithstanding the obligations of 
     reasonable schedules.
       5. Parking Fees: Parking fees for privately owned vehicles 
     may be incurred in the duty station when the traveler is 
     engaged in interdepartmental transportation or when the 
     traveler is leaving their duty station and entering into a 
     travel status. The fee for parking a vehicle at a common 
     carrier terminal, or other parking area, while the traveler 
     is away from his/her official station, will be allowed only 
     to the extent that the fee, plus the allowable mileage 
     reimbursement, to and from the terminal or other parking 
     area, does not exceed the estimated cost for use of a taxicab 
     to and from the terminal.
       6. Mileage for use of privately owned airplanes shall be 
     certified from airway charts issued by the National Oceanic 
     and Atmospheric Administration, Department of Commerce, and 
     will be reported on the reimbursement voucher and used in 
     computing payment. If a detour was necessary due to adverse 
     weather, mechanical difficulty, or other unusual conditions, 
     the additional air mileage may be included in the mileage 
     reported on the reimbursement voucher and, if included, it 
     must be explained.
       7. Mileage shall be payable to only one of two or more 
     employees traveling together on the same trip and in the same 
     vehicle, but no deduction shall be made from the mileage 
     otherwise payable to the employee entitled thereto by reason 
     of the fact that other passengers (whether or not Senate 
     employees) may travel with him/her and contribute in 
     defraying the operating expenses. The names of Senate Members 
     or employees accompanying the traveler must be stated on the 
     travel voucher.
       8. When damages to a privately owned vehicle occur due to 
     the negligent or wrongful act or omission of any Member, 
     Officer, or employee of the Senate while acting within the 
     scope of his/her employment, relief may be sought under the 
     Federal Tort Claims Act.
       B. Special
       1. General:
       (a) The hire of boat, automobile, aircraft, or other 
     conveyance will be allowed if authorized or approved as 
     advantageous to the Senate whenever the Member or employee is 
     engaged on official business outside his/her designated duty 
     station.
       (b) Where two or more persons travel together by means of 
     such special conveyance, that fact, together with the names 
     of those accompanying him/her, must be stated by each 
     traveler on his/her travel voucher and the aggregate cost 
     reimbursable will be subject to the limitation stated above.
       (c) If the hire of a special conveyance includes payment by 
     the traveler of the incidental expenses of gasoline or oil, 
     rent of garage, hangar, or boathouse, subsistence of 
     operator, ferriage, tolls, operator waiting time, charges for 
     returning conveyances to the original point of hire, etc., 
     the same should be first paid, if practicable, by the person 
     furnishing the accommodation, or his/her operator, and 
     itemized in the bill.
       2. Rental Cars:
       (a) In no case may automobiles be hired for use in the 
     metropolitan area of Washington, DC, by anyone whose duty 
     station is Washington, DC.
       (b) Reimbursements for rental of special conveyances will 
     be limited to the cost applicable to a conveyance of a size 
     necessary for a single traveler regardless of the number of 
     authorized travelers transported by said vehicle, unless the 
     use of a larger class vehicle on a shared cost basis is 
     specifically approved in advance by the Committee on Rules 
     and Administration, or the form ``Request for a Waiver of the 
     Travel Regulations'' is submitted with the voucher, and found 
     in order upon audit by the Rules Committee.
       (c) For administrative purposes, reimbursement may be 
     payable to only one of two or more Senate travelers traveling 
     together on the same trip and in the same vehicle.
       (d) Government Rate: In connection with the hire of an 
     automobile for the use in conducting Senate business outside 
     of Washington, DC, it should be noted that the Military 
     Traffic Management Command (MTMC), a division of the 
     Department of Defense, arranges all rental car agreements for 
     the government.
       (1) These negotiated car rental rates are for federal 
     employees traveling on official business and include 
     unlimited mileage, plus full comprehensive and collision 
     coverage (CDW) on rented vehicles at no cost to the traveler.
       (2) For guidance on rate structure and the companies 
     participating in these rate agreements, call the approved 
     Senate vendor (currently the Combined Airline Ticket Office 
     (CATO)).
       (3) Individuals traveling on behalf of the United States 
     Senate should use these companies to the maximum extent 
     possible since these agreements provide full coverage with no 
     extra fee. The Senate will not pay for separate insurance 
     charges; therefore, any individuals who choose to use non-
     participatory car rental agencies may be personally 
     responsible for any damages or liability accrued while on 
     official Senate business.
       (e) Insurance: In connection with the rental of vehicles 
     from commercial sources, the Senate will not pay or reimburse 
     for the cost of the loss/damage waiver (LDW), collision 
     damage waiver (CDW) or collision damage insurance available 
     in commercial rental contracts for an extra fee.
       (1) The waiver or insurance referred to is the type offered 
     a renter to release him/her from liability for damage to the 
     rented vehicle in amounts up to the amount deductible on the 
     insurance included as part of the rental contract without 
     additional charge.
       (2) The cost of personal accident insurance is a personal 
     expense and is not reimbursable.
       (3) Accidents While On Official Travel: Collision damage to 
     a rented vehicle, for which the traveler is liable while on 
     official business, will be considered an official travel 
     expense of the Senate up to the deductible amount contained 
     in the rental contract. Such claims shall be considered by 
     the Sergeant at Arms of the Senate on a case by case basis 
     and, when authorized, settled from the contingent fund of the 
     Senate under the line item--Reserve for Contingencies. This 
     is consistent with the long-standing policy of the government 
     to self-insure its own risks of loss or damage to government 
     property and the liability of government employees for 
     actions within the scope of their official duties.
       (4) However, when damages to a rented vehicle occurs due to 
     the negligent or wrongful act or omission of any Member, 
     Officer, or employee of the Senate while acting within the 
     scope of his/her employment, relief may be sought under the 
     Federal Tort Claims Act.
       3. Charter Aircraft:
       (a) Reimbursements for charter aircraft will be limited to 
     the charges for a twin-engine, six-seat plane, or comparable 
     aircraft. Charter of aircraft may be allowed notwithstanding 
     the availability of commercial facilities, if such commercial 
     facilities are not such that reasonable schedules may be 
     kept. When charter aircraft is used, an explanation and 
     detail of the size of the aircraft, i.e.,

[[Page 528]]

     seating capacity and number of engines, shall be provided on 
     the face of the voucher.
       (b) In the event charter facilities are not available at 
     the point of departure, reimbursement for charter from 
     nearest point of such availability to the destination and 
     return may be allowed.
       (c) When a charter aircraft larger than a twin-engine, six-
     seat plane is used, the form ``Request for a Waiver of the 
     Travel Regulations'' is submitted with the voucher.
       C. Corporate/Private Aircraft: Reimbursement of official 
     expenses for the use of a corporate or private aircraft is 
     allowable from the contingent fund of the Senate provided the 
     traveler complies with the prohibitions, restrictions, and 
     authorizations specified in these regulations. Moreover, 
     pursuant to the Ethics Committee Interpretive Ruling 444, 
     excess campaign funds may be used to defray official expenses 
     consistent with the regulations promulgated by the Federal 
     Election Commission.
       1. An amendment to Rule XXXV of the Standing Rules of the 
     Senate, paragraph 1(c)(1)(C), enacted September 14, 2007, 
     pursuant to P.L. 110-81, states:
       (C)(i) Fair market value for a flight on an aircraft 
     described in item (ii) shall be the pro rata share of the 
     fair market value of the normal and usual charter fare or 
     rental charge for a comparable plane of comparable size, as 
     determined by dividing such cost by the number of Members, 
     officers, or employees of Congress on the flight.
       (ii) A flight on an aircraft described in this item is any 
     flight on an aircraft that is not--
       (I) operated or paid for by an air carrier or commercial 
     operator certificated by the Federal Aviation Administration 
     and required to be conducted under air carrier safety rules; 
     or
       (II) in the case of travel which is abroad, an air carrier 
     or commercial operator certificated by an appropriate foreign 
     civil aviation authority and the flight is required to be 
     conducted under air carrier safety rules.
       (iii) This subclause shall not apply to an aircraft owned 
     or leased by a governmental entity or by a Member of Congress 
     or a Member's immediate family member (including an aircraft 
     owned by an entity that is not a public corporation in which 
     the Member or Member's immediate family member has an 
     ownership interest), provided that the Member does not use 
     the aircraft anymore than the Member's or immediate family 
     member's proportionate share of ownership allows.
       Prior to the commencement of official travel on a corporate 
     or private aircraft, the traveler or the traveler's designee 
     shall contact a charter company in the departure or 
     destination city to request a written estimate of the cost of 
     a flight between the two cities on a similar aircraft of 
     comparable size being provided by the corporation or private 
     entity.
       (a) For example, if a Learjet 45 XR aircraft is being 
     provided by the corporation or private entity, the traveler 
     or the traveler's designee shall request a written estimate 
     of the cost to charter a Learjet 45 XR aircraft from the 
     departure city to the destination city.
       (b) If no charter company is located in either the 
     departure or destination city which rents a similar aircraft 
     of comparable size, a charter company nearest either the 
     destination or departure city which does so shall be 
     contacted for a written estimate.
       3. Following the completion of official travel on a 
     corporate or private aircraft, reimbursement for related 
     expenses may be processed on direct pay vouchers payable to 
     each individual traveler, to the corporation or private 
     entity, or to the travel charge card vendor. The written 
     estimate received from the charter company shall be attached 
     to the voucher for processing.
       IV. Interdepartmental Transportation
       A. The reimbursement for interdepartmental transportation 
     is authorized as a travel expense pursuant to 2 U.S.C. 58(e) 
     but only for the incidental transportation expenses incurred 
     within the duty station in the course of conducting official 
     Senate business. Such reimbursement would include the 
     following expenses:
       1. Mileage when using a privately owned vehicle
       2. Bus, subway, taxi-cab, parking, and auto rental. 
     (However, reimbursement is prohibited for auto rental 
     expenses within the Washington, DC, metropolitan area duty 
     station.)
       B. Pursuant to S. Res. 294, agreed to April 29, 1980, 
     section 2.(1), reimbursements and payments shall not be made 
     for commuting expenses, including parking fees incurred in 
     commuting.

                          Subsistence Expenses

       I. Per Diem Expenses
       A. Allowance
       1. Per diem expenses include all charges for meals, 
     lodging, personal use of room during daytime, baths, all fees 
     and tips to waiters, porters, baggagemen, bell boys, hotel 
     servants, dining room stewards and others on vessels, 
     laundry, cleaning and pressing of clothing, and fans in 
     rooms. The term ``lodging'' does not include accommodations 
     on airplanes or trains, and these expenses are not 
     subsistence expenses.
       (a) Laundry: Laundry expenses must be incurred during the 
     midway point of a trip. Reimbursable laundry expenses are for 
     the refreshing of clothing during a trip, but not the 
     maintenance of the clothing.
       (b) Meals: Reimbursable expenses incurred for meals while 
     on official travel include meals and tips for the traveler 
     only and may not include alcohol.
       2. Per diem expenses will not be allowed an employee at 
     his/her permanent duty station and will be allowed only when 
     associated with round trip travel outside his/her permanent 
     duty station.
       (a) Training: Meals in the duty station are only 
     reimbursable when they are incurred during a training 
     session. If the cost of the meal is included in the training 
     session, then a meal certification form should be included 
     with the voucher. The Committee on Rules and Administration 
     will consider these on a case by case basis. Meal 
     certification forms are available at the Disbursing Office or 
     on the Senate intranet.
       (1) Training is defined as a planned, prepared, and 
     coordinated program, course, curriculum, subject, system, or 
     routine of instruction or education, in scientific, 
     professional or technical fields which are or will be 
     directly related to the performance by the employee of 
     official duties for the Senate, in order to increase the 
     knowledge, proficiency, ability, skill and qualifications of 
     the employee in the performance of official duties.
       (2) Meetings in the duty station where meals are served, 
     such as but not limited to Chamber of Commerce monthly 
     meetings do not constitute training. Therefore, the meals 
     associated with these meetings are not an authorized 
     reimbursable expense.
       3. In any case where the employee's tour of travel requires 
     more than two months' stay at a temporary duty station, 
     consideration should be given to either a change in official 
     station or a reduction in the per diem allowance.
       4. Where for a traveler's personal convenience/business 
     there is an interruption of travel or deviation from the 
     direct route, the per diem expenses allowed will not exceed 
     that which would have been incurred on uninterrupted travel 
     by a usually traveled route and the time of departure from 
     and return to official business shall be stated on the 
     voucher.
       5. Per diem expenses will be allowed through the time the 
     traveler departs on personal business and will be recommenced 
     at the time he/she returns to official business. Such dates 
     and times shall be stated on the voucher.
       B. Rates
       1. The per diem allowances provided in these regulations 
     represent the maximum allowance, not the minimum. It is the 
     responsibility of each office to see that travelers are 
     reimbursed only such per diem expenses as are justified by 
     the circumstances affecting the travel. Maximum rates for 
     subsistence expenses are established by the General Services 
     Administration and are published in the FEDERAL REGISTER. 
     Maximum per diem rates for Alaska, Hawaii, the Commonwealth 
     of Puerto Rico, and possessions of the United States are 
     established by the Department of Defense and are also 
     published in the FEDERAL REGISTER. In addition, per diem 
     rates for foreign countries are established by the Department 
     of State and are published in the document titled, ``Maximum 
     Travel Per Diem for Foreign Areas.''
       (a) Per diem expenses reimbursable to a Member or employee 
     of the Senate in connection with official travel within the 
     continental United States shall be made on the basis of 
     actual expenses incurred, but not to exceed the maximum rate 
     prescribed by the Committee on Rules and Administration for 
     each day spent in a travel status. Any portion of a day while 
     in a travel status shall be considered a full day for 
     purposes of per diem entitlement.
       (b) When travel begins or ends at a point in the 
     continental United States, the maximum per diem rate 
     allowable for the portion of travel between such place and 
     the place of entry or exit in the continental United States 
     shall be the maximum rate prescribed by the Committee on 
     Rules and Administration for travel within the continental 
     United States. However, the quarter day in which travel 
     begins, in coming from, or ends, in going to, a point outside 
     the continental United States may be paid at the rate 
     applicable to said point, if higher.
       (c) In traveling between localities outside the continental 
     United States, the per diem rate allowed at the locality from 
     which travel is performed shall continue through the quarter 
     day in which the traveler arrives at his/her destination: 
     Provided, that if such rate is not commensurate with the 
     expenses incurred, the per diem rate of the destination 
     locality may be allowed for the quarter day of arrival.
       (d) Ship travel time shall be allowed at not to exceed the 
     maximum per diem rate prescribed by the Committee on Rules 
     and Administration for travel within the continental United 
     States.
       C. Computations
       1. The date of departure from, and arrival at, the official 
     station or other point where official travel begins and ends, 
     must be shown on the travel voucher. Other points visited 
     should be shown on the voucher but date of arrival and 
     departure at these points need not be shown.
       2. For computing per diem allowances official travel begins 
     at the time the traveler

[[Page 529]]

     leaves his/her home, office, or other point of departure and 
     ends when the traveler returns to his/her home, office, or 
     other point at the conclusion of his/her trip.
       (a) The maximum allowable per diem for an official trip is 
     computed by multiplying the number of days on official 
     travel, beginning with the departure date, by the maximum 
     daily rate as prescribed by the Committee on Rules and 
     Administration. If the maximum daily rate for a traveler's 
     destination is higher than the prescribed daily rate, then 
     the form ``Request for a Waiver of the Travel Regulations'' 
     must be submitted with the voucher showing the maximum daily 
     rate for that location and found in order upon audit by the 
     Rules Committee.
       (b) Total per diem for an official trip includes lodging 
     expenses (excluding taxes), meals (including taxes and tips), 
     and other per diem expenses as defined by these regulations.

                          Incidental Expenses

       I. Periodicals: Periodicals purchased while in a travel 
     status should be limited to newspapers and news magazines 
     necessary to stay informed on issues directly related to 
     Senate business.
       II. Traveler's Checks/Money Orders: The service fee for 
     preparation of traveler's checks or money orders for use 
     during official travel is allowable.
       III. Communications
       A. Communication services such as telephone, telegraph, and 
     faxes, may be used on official business when such expeditious 
     means of communications is essential. Government-owned 
     facilities should be used, if practical. If not available, 
     the cheapest practical class of commercial service should be 
     used.
       B. Additionally, one personal telephone call will be 
     reimbursed for each day that a Senator or staff member is in 
     a travel status. The calls may not exceed an average of five 
     minutes a day, and cannot be reimbursed at a rate higher than 
     $5.00 without itemized documentation.
       IV. Stationery: Stationery items such as pens, paper, 
     batteries, etc. which are necessary to conduct official 
     Senate business while in a travel status are authorized.
       V. Conference Center/Meeting Room Reservations: The fee for 
     the reservation of a meeting room, conference room, or 
     business center while on official travel is allowable.
       VI. Other: This category would be used (with full 
     explanation on the Expense Summary Report for Travel) to 
     disclose any expense which would occur incidentally while on 
     official travel, and for which there is no other expense 
     category, i.e., interpreting services, hotel taxes, baggage 
     cart rental, etc.

                      Conference and Training Fees

       I. Training of Senators' Office Staff: The Senators' 
     Official Personnel and Office Expense Account is available to 
     defray the fees associated with the attendance by the Senator 
     or the Senator's employees at conferences, seminars, 
     briefings, or classes which are or will be directly related 
     to the performance of official duties.
       A. When such fees (actual or reduced) are less than or 
     equal to $500, have a time duration of not more than five (5) 
     days, and have been asked to be waived or reduced for 
     Government participation, reimbursement shall be made as an 
     official travel expense. However, if the fee or time duration 
     for meetings is in excess of the aforementioned, 
     reimbursement shall be made as a non-travel expense.
       B. Reimbursement shall not be allowed for tuition or fees 
     associated with classes attended to earn credits towards an 
     advanced degree or certification.
       C. The costs of meals that are considered an integral, 
     mandatory and non-separable element of the conference, 
     seminar, briefing, or class will be allowed as part of the 
     attendance fee when certified by the registrant. The meal 
     certification form, which must accompany the reimbursement 
     voucher, is available in the Disbursing Office or through the 
     Senate Intranet.
       II. Training of Committee Employees: Section 202 (j) of the 
     Legislative Reorganization Act of 1946 provides for the 
     expenditure of funds available to standing committees of the 
     Senate for the training of professional staff personnel under 
     certain conditions. It is the responsibility of each 
     committee to set aside funds within its annual funding 
     resolution to cover the expenses of such training.
       A. Prior approval for attendance by professional staff at 
     seminars, briefings, conferences, etc., as well as committee 
     funds earmarked for training, will not be required when all 
     of the following conditions are met:
       1. The sponsoring organization has been asked to waive or 
     reduce the fee for Government participation.
       2. The fee involved (actual or reduced) is not in excess of 
     $500.
       3. The duration of the meeting does not exceed five (5) 
     days.
       B. When such fees are less than or equal to $500, have a 
     time duration of not more than five (5) days, and have been 
     requested to be waived or reduced for Government 
     participation, reimbursement shall be made as a non-training, 
     official travel expense. However, if the fee or time duration 
     for meetings is in excess of the aforementioned, 
     reimbursement shall be made as an official training expense. 
     Reimbursement shall not be allowed for tuition or fees 
     associated with classes attended to earn credits towards an 
     advanced degree or certification.
       C. If the fee or time duration for meetings is in excess of 
     the aforementioned, advance approval by the Committee on 
     Rules and Administration must be sought. Training requests 
     should be received sufficiently in advance of the training to 
     permit appropriate consideration by the Committee on Rules 
     and Administration.
       D. The costs of meals that are considered an integral, 
     mandatory, and non-separable element of the conference, 
     seminar, briefing, or class will be allowed as part of the 
     attendance fee when certified by the registrant. The meal 
     certification forms which must accompany the reimbursement 
     voucher are available in the Disbursing Office or through the 
     Senate Intranet.
       II. Training of Administrative Offices Staff: The 
     administrative approval of the voucher is the only approval 
     required by the Committee on Rules and Administration. 
     Training expenses of staff shall be limited to those fees 
     associated with the attendance by staff at conferences, 
     seminars, briefings, or classes which are or will be directly 
     related to the performance of official duties. However, 
     reimbursement shall not be allowed for tuition or fees 
     associated with classes attended to earn credits towards an 
     advanced degree or certification.

                             Special Events

       I. Retreats: Reimbursement of official travel expenses for 
     office staff retreats is allowable from the contingent fund 
     provided they follow the restrictions and authorizations in 
     these regulations. Reimbursement of expenses for meeting 
     rooms and equipment used during the retreat also is 
     allowable. The vouchers for retreat expenses should be noted 
     as retreat vouchers.
       A. Discussion of Interpretative Ruling of the Select 
     Committee on Ethics, No. 444, issued February 14, 2002.
       An office retreat may be paid for with either or both 
     official funds (with Rules Committee approval) or principal 
     campaign committee funds. Private parties may not pay 
     expenses incurred in connection with an office retreat. 
     Campaign workers may attend, at campaign expense, office 
     retreats if their purpose in attending is to engage in 
     official activities, such as providing feedback from 
     constituents on legislative or representational matters.
       B. When processing direct pay vouchers payable either to 
     each individual traveler or to the vendor providing the 
     retreat accommodations, prior approval by the Committee on 
     Rules and Administration is not required. Retreat expenses, 
     including but not limited to per diem, may be charged to the 
     office's official centrally billed government travel charge 
     card and paid on direct vouchers to the charge card vendor. 
     Any deviation from this policy will be considered on a case 
     by case basis upon the written request to, and approval from, 
     the Committee on Rules and Administration.
       C. Spreadsheet of Expenses
       1. The Member office, Committee, or Administrative office, 
     must attach to the retreat voucher(s) a spreadsheet detailing 
     each day of the retreat broken out by breakfast, lunch, 
     dinner, and lodging for each traveler attending the retreat.
       2. For each traveler, the spreadsheet should list his/her 
     duty station, additional per diem expenses incurred outside 
     of the retreat, and any other retreat attendee the traveler 
     shared a room with during the retreat. Any non-staff members 
     attending the retreat also should be detailed on the 
     spreadsheet. The ``Waiver of the Travel Regulations'' form 
     does not need to be attached to retreat voucher(s) for the 
     sharing of rooms.
       3. The per diem expenses for staff members attending a 
     retreat within their duty station are not reimbursable but 
     should be detailed on the spreadsheet. All expenses for non-
     staff members attending the retreat are not reimbursable, but 
     their attendance at the retreat must be taken into account 
     when computing a per traveler cost on the spreadsheet.
       II. Funerals: Members who represent the Senate at the 
     funeral of a Member or former member may be reimbursed for 
     the actual and necessary expenses of their attendance, 
     pursuant to S. Res. 263, agreed to July 30, 1998. 
     Additionally, the actual and necessary expenses of a 
     committee appointed to represent the Senate at the funeral of 
     a deceased Member or former Member may be reimbursed pursuant 
     to S. Res. 458, agreed to October 4, 1984.
       A. Pursuant to 2 U.S.C. 58e, which authorizes reimbursement 
     for travel while on official business within the United 
     States, members and their staff may be reimbursed for the 
     actual and necessary expenses of attending funerals within 
     their home state only.
       B. Examples of funerals that may be considered official 
     business include, but are not limited to, funerals for 
     military service-members, first responders, or public 
     officials from the Member's state.

                         Senators' Office Staff

       I. Legislative Authority (2 U.S.C. 58(e), as amended)
       (e) Subject to and in accordance with regulations 
     promulgated by the Committee on Rules and Administration of 
     the Senate, a Senator

[[Page 530]]

     and the employees in his office shall be reimbursed under 
     this section for travel expenses incurred by the Senator or 
     employee while traveling on official business within the 
     United States. The term `travel expenses' includes actual 
     transportation expenses, essential travel-related expenses, 
     and, where applicable, per diem expenses (but not in excess 
     of actual expenses). A Senator or an employee of the Senator 
     shall not be reimbursed for any travel expenses (other than 
     actual transportation expenses) for any travel occurring 
     during the sixty days immediately before the date of any 
     primary or general election (whether regular, special, or 
     runoff) in which the Senator is a candidate for public office 
     (within the meaning of section 301(b) of the Federal Election 
     Campaign Act of 1971), unless his candidacy in such election 
     is uncontested. For purposes of this subsection and 
     subsection 2(a)(6) of this section, an employee in the Office 
     of the President Pro Tempore, Deputy President Pro Tempore, 
     Majority Leader, Minority Leader, Majority Whip, Minority 
     Whip, Secretary of the Conference of the Majority, or 
     Secretary of the Conference of the Minority shall be 
     considered to be an employee in the office of the Senator 
     holding such office.
       II. Regulations Governing Senators' Official Personnel and 
     Office Expense Accounts Adopted by the Committee on Rules and 
     Administration Pursuant to Senate Resolution 170 agreed to 
     September 19, 1979, as amended.
       Section 1. For the purposes of these regulations, the 
     following definitions shall apply:
       (a) Documentation means invoices, bills, statements, 
     receipts, or other evidence of expenses incurred, approved by 
     the Committee on Rules and Administration.
       (b) Official expenses means ordinary and necessary business 
     expenses in support of the Senators' official and 
     representational duties.
       Section 2. No reimbursement will be made from the 
     contingent fund of the Senate for any official expenses 
     incurred under a Senator's Official Personnel and Office 
     Expense Account, in excess of $50, unless the voucher 
     submitted for such expenses is accompanied by documentation, 
     and the voucher is personally signed by the Senator.
       Section 3. Official expenses of $50 or less must either be 
     documented or must be itemized in sufficient detail so as to 
     leave no doubt of the identity of, and the amount spent for, 
     each item. Items of a similar nature may be grouped together 
     in one total on a voucher, but must be itemized individually 
     on a supporting itemization sheet.
       Section 4. Travel expenses shall be subject to the same 
     documentation requirements as other official expenses, with 
     the following exceptions:
       (a) Hotel bills or other evidence of lodging costs will be 
     considered necessary in support of per diem.
       (b) Documentation will not be required for reimbursement of 
     official travel in a privately owned vehicle.
       Section 5. No documentation will be required for 
     reimbursement of the following classes of expenses, as these 
     are billed and paid directly through the Sergeant at Arms and 
     Doorkeeper:
       (a) official telegrams and long distance calls and related 
     services;
       (b) stationery and other office supplies procured through 
     the Senate Stationery Room for use for official business.
       Section 6. The Committee on Rules and Administration may 
     require documentation for expenses incurred of $50 or less, 
     or authorize payment of expenses incurred in excess of $50 
     without documentation, in special circumstances.

               Committee and Administrative Office Staff

       (Includes all committees of the Senate, the Office of the 
     Secretary of the Senate, and the Office of the Sergeant at 
     Arms and Doorkeeper of the Senate)
       I. Legislative Authority (2 U.S.C. 68b)
       No part of the appropriations made under the heading 
     `Contingent Expenses of the Senate' may be expended for per 
     diem and subsistence expenses (as defined in section 5701 of 
     Title 5) at rates in excess of the rates prescribed by the 
     Committee on Rules and Administration; except that (1) higher 
     rates may be established by the Committee on Rules and 
     Administration for travel beyond the limits of the 
     continental United States, and (2) in accordance with 
     regulations prescribed by the Committee on Rules and 
     Administration of the Senate, reimbursement for such expenses 
     may be made on an actual expense basis of not to exceed the 
     daily rate prescribed by the Committee on Rules and 
     Administration in the case of travel within the continental 
     limits of the United States.
       II. Incidental Expenses: The following items may be 
     authorized or approved when related to official travel:
       1. Commissions for conversion of currency in foreign 
     countries.
       2. Fees in connection with the issuance of passports, visa 
     fees; costs of photographs for passports and visas; costs of 
     certificates of birth, health, identity; and affidavits; and 
     charges for inoculations which cannot be obtained through a 
     federal dispensary when required for official travel outside 
     the limits of the United States.
       III. Hearing Expenses (committees only)
       A. In connection with hearings held outside of Washington, 
     DC, committees are authorized to pay the travel expenses of 
     official reporters having company offices in Washington, DC, 
     or in other locations, for traveling to points outside the 
     District of Columbia or outside such other locations, 
     provided:
       1. Said hearings are of such a classified or security 
     nature that their transcripts can be accomplished only by 
     reporters having the necessary clearance from the proper 
     federal agencies;
       2. Extreme difficulty is experienced in the procurement of 
     local reporters; or
       3. The demands of economy make the use of Washington, DC, 
     reporters or traveling reporters in another area highly 
     advantageous to the Senate; and further provided, that should 
     such hearings exceed five days in duration, prior approval 
     (for the payment of reporters' travel expenses) must be 
     obtained from the Committee on Rules and Administration.
       IV. Witnesses Appearing Before the Senate (committees only)
       A. The authorized transportation expenses incurred and 
     associated with a witness appearing before the Senate at a 
     designated place of examination pursuant to S. Res. 259, 
     agreed to August 5, 1987, will be those necessary 
     transportation expenses incurred in traveling from the 
     witness' place of residence to the site of the Senate 
     examination and the necessary transportation expenses 
     incurred in returning the witness to his/her residence.
       B. If a witness departs from a city other than the witness' 
     city of residence to appear before the Senate or returns to a 
     city other than the witness' city of residence after 
     appearing before the Senate, then Senate committees may 
     reimburse the witness for transportation expenses incurred 
     which are less than or equal to the amount the committee 
     would have reimbursed the witness had the witness departed 
     from and returned to his/her residence. Any deviation from 
     this policy will be considered on a case by case basis upon 
     the written request to, and approval from, the Committee on 
     Rules and Administration.
       C. Service fees for the preparation or mailing of passenger 
     coupons for indigent or subpoenaed witnesses testifying 
     before Senate committees shall be considered reimbursable for 
     purposes of official travel.
       D. Transportation expenses for witnesses may be charged to 
     the Committee's official centrally billed government travel 
     charge card and paid on direct vouchers to the charge card 
     vendor. Additionally, per diem expenses for indigent 
     witnesses may be charged to the Committee's official 
     government charge card and paid on direct vouchers to the 
     charge card vendor.
       V. Regulations Governing Payments and Reimbursements from 
     the Senate Contingent Funds for Expenses of Senate Committees 
     and Administrative Offices
       (Adopted by the Committee on Rules and Administration on 
           July 23, 1987, as authorized by S. Res. 258, 100th 
           Congress, 1st session, these regulations supersede 
           regulations adopted by the Committee on October 22, 
           1975, and April 30, 1981, as amended.)
       Section 1. Unless otherwise authorized by law or waived 
     pursuant to Section 6, herein, no payment or reimbursement 
     will be made from the contingent fund of the Senate for any 
     official expenses incurred by any Senate committee (standing, 
     select, joint, or special), commission, administrative 
     office, or other authorized Senate activity whose funds are 
     disbursed by the Secretary of the Senate, in excess of $50, 
     unless the voucher submitted for such expenses is accompanied 
     by documentation, and the voucher is certified by the 
     properly designated staff member and approved by the Chairman 
     or elected Senate Officer. The designation of such staff 
     members for certification shall be done by means of a letter 
     to the Chairman of the Committee on Rules and Administration. 
     ``Official expenses,'' for the purposes of these regulations, 
     means ordinary and necessary business expenses in support of 
     a committee's or administrative office's official duties.
       Section 2. Such documentation should consist of invoices, 
     bills, statements, receipts, or other evidence of expenses 
     incurred, and should include ALL of the following 
     information:
       (a) date expense was incurred;
       (b) the amount of the expense;
       (c) the product or service that was provided;
       (d) the vendor providing the product or service;
       (e) the address of the vendor; and
       (f) the person or office to whom the product or service was 
     provided.
       Expenses being claimed should reflect only current charges. 
     Original copies of documentation should be submitted. 
     However, legible facsimiles will be accepted.
       Section 3. Official expenses of $50 or less must either be 
     documented or must be itemized in sufficient detail so as to 
     leave no doubt of the identity of, and the amount spent for, 
     each item. However, hotel bills or other evidence of lodging 
     costs will be considered necessary in support of per diem 
     expenses and cannot be itemized.
       Section 4. Documentation for services rendered on a 
     contract fee basis shall consist of a contract status report 
     form available from the Disbursing Office. However, other 
     expenses authorized expressly in the contract will be subject 
     to the documentation requirements set forth in these 
     regulations.
       Section 5. No documentation will be required for the 
     following expenses:
       (a) salary reimbursement for compensation on a ``When 
     Actually Employed'' basis;
       (b) reimbursement of official travel in a privately owned 
     vehicle;
       (c) foreign travel expenses incurred by official 
     congressional delegations, pursuant to S. Res. 179, 95th 
     Congress, 1st session;

[[Page 531]]

       (d) expenses for receptions of foreign dignitaries, 
     pursuant to S. Res. 247, 87th Congress, 2nd session, as 
     amended; and
       (e) expenses for receptions of foreign dignitaries pursuant 
     to Sec. 2 of P.L. 100-71 effective July 11, 1987.
       Section 6. In special circumstances, the Committee on Rules 
     and Administration may require documentation for expenses 
     incurred of $50 or less, or authorize payment of expenses 
     incurred in excess of $50 without documentation.
       Section 7. Cash advances from the Disbursing Office are to 
     be used for travel and petty cash expenses only. No more than 
     $5000 may be outstanding at one time for Senate committees or 
     administrative offices, unless otherwise authorized by law or 
     resolution, and no more than $300 of that amount may be used 
     for a petty cash fund. The individual receiving the cash 
     advance will be personally liable. The Committee on Rules and 
     Administration may, in special instances, increase these non-
     statutory limits upon written request by the Chairman of that 
     committee and proper justification.
       Section 8. Documentation of petty cash expenses shall be 
     listed on an official petty cash itemization sheet available 
     from the Disbursing Office and should include ALL of the 
     following information:
       (a) date expense was incurred;
       (b) amount of expense;
       (c) product or service provided; and
       (d) the person incurring the expense (payee).
       Each sheet must be signed by the Senate employee receiving 
     cash and an authorizing official (i.e., someone other than 
     the employee(s) authorized to certify vouchers). Original 
     receipts or facsimiles must accompany the itemization sheet 
     for petty cash expenses over $50.
       Section 9. Petty cash funds should be used for the 
     following incidental expenses:
       (a) postage;
       (b) delivery expenses;
       (c) interdepartmental transportation (reimbursements for 
     parking, taxi, subway, bus, privately owned automobile 
     (p.o.a.), etc.;
       (d) single copies of publications (not subscriptions);
       (e) office supplies not available in the Senate Stationery 
     Room; and
       (f) official telephone calls made from a staff member's 
     residence or toll charges incurred within a staff member's 
     duty station.
       Petty cash funds should not be used for the procurement of 
     equipment.
       Section 10. Committees are encouraged to maintain a 
     separate checking account only for the purpose of a petty 
     cash fund and with a balance not in excess of $300.
       Section 11. Vouchers for the reimbursement of official 
     travel expenses to a committee chairman or member, officer, 
     employee, contractor, detailee, or witness shall be 
     accompanied by an ``Expense Summary Report--Travel'' signed 
     by such person. Vouchers for the reimbursement to any such 
     individual for official expenses other than travel expenses 
     shall be accompanied by an ``Expense Summary Report--Non-
     Travel'' signed by such person.

                Appendix A: The Federal Tort Claims Act

       Pursuant to the provisions of S. Res. 492, agreed to 
     December 10, 1982, the Sergeant at Arms has the authority to 
     consider and ascertain and, with the approval of the 
     Committee on Rules and Administration, determine, compromise, 
     adjust, and settle, in accordance with the provisions of 
     chapter 171 of Title 28, United States Code (The Federal Tort 
     Claims Act), any claim for money damages against the United 
     States for injury of loss of property or personal injury or 
     death caused by negligent or wrongful act or omission of any 
     Member, Officer, or Employee of the Senate while acting 
     within the scope of his/her employment. Any compromise, 
     adjustment, or settlement of any such claim not exceeding 
     $2,500 shall be paid from the contingent fund of the Senate 
     on a voucher approved by the Chairman of the Committee on 
     Rules and Administration.
       Payments of awards, compromises, or settlements in excess 
     of $2,500 are obtained by the agency by referring the award, 
     compromise, or settlement to the General Accounting Office 
     for payment. Appropriations or funds for the payment of 
     judgments and compromises are made available for payment of 
     awards, compromises, and settlements under the Federal Tort 
     Claims Act.
       However, any award under the Federal Tort Claims Act in 
     excess of $25,000 cannot take effect except with the prior 
     written approval of the Attorney General.

                          ____________________




                   FURTHER CHANGES TO S. CON. RES. 21

  Mr. CONRAD. Mr. President, pursuant to section 302 of S. Con. Res. 
21, I filed revisions to S. Con. Res. 21, the 2008 budget resolution. 
Those revisions were made for legislation that improved certain 
services for and benefits to wounded or disabled military personnel and 
retirees, veterans, and their survivors and dependents.
  Congress cleared the conference report accompanying H.R. 1585, the 
National Defense Authorization Act for fiscal year 2008, on December 
14, 2007. Unfortunately, H.R. 1585 was not signed into law by the 
President. Consequently, I am further revising the 2008 budget 
resolution and reversing the adjustments previously made pursuant to 
section 302 to the aggregates and the allocation provided to the Senate 
Armed Services Committee.
  Mr. President, last week the House passed H.R. 4986, a bill that is 
substantially similar to H.R. 1585 and that also meets the conditions 
of the reserve fund for veterans and wounded servicemembers. 
Consequently, for the information of my colleagues, I will be further 
revising the 2008 budget resolution pursuant to section 302 of S. Con. 
Res. 21 for Senate consideration of H.R. 4986.
  I ask unanimous consent that the following revisions to S. Con. Res. 
21 be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

 CONCURRENT RESOLUTION ON THE BUDGET FOR FISCAL YEAR 2008--S. CON. RES.
  21; FURTHER REVISIONS TO THE CONFERENCE AGREEMENT PURSUANT TO SECTION
302 DEFICIT-NEUTRAL RESERVE FUND FOR VETERANS AND WOUNDED SERVICEMEMBERS
                        [In billions of dollars]
------------------------------------------------------------------------
                       Section 101
------------------------------------------------------------------------
(1)(A) Federal Revenues:
    FY 2007.............................................       1,900.340
    FY 2008.............................................       2,025.851
    FY 2009.............................................       2,122.271
    FY 2010.............................................       2,176.587
    FY 2011.............................................       2,357.853
    FY 2012.............................................       2,500.250
(1)(B) Change in Federal Revenues:
    FY 2007.............................................          -4.366
    FY 2008.............................................         -24.945
    FY 2009.............................................          15.345
    FY 2010.............................................          12.866
    FY 2011.............................................         -36.697
    FY 2012.............................................         -96.846
(2) New Budget Authority:
    FY 2007.............................................       2,371.470
    FY 2008.............................................       2,512.564
    FY 2009.............................................       2,526.556
    FY 2010.............................................       2,581.669
    FY 2011.............................................       2,696.949
    FY 2012.............................................       2,736.623
(3) Budget Outlays:
    FY 2007.............................................       2,294.862
    FY 2008.............................................       2,476.456
    FY 2009.............................................       2,573.413
    FY 2010.............................................       2,609.610
    FY 2011.............................................       2,702.343
    FY 2012.............................................       2,715.437
------------------------------------------------------------------------


 CONCURRENT RESOLUTION ON THE BUDGET FOR FISCAL YEAR 2008--S CON RES 21;
  FURTHER REVISIONS TO THE CONFERENCE AGREEMENT PURSUANT TO SECTION 302
  DEFICIT-NEUTRAL RESERVE FUND FOR VETERANS AND WOUNDED SERVICEMEMBERS
                        [In millions of dollars]
------------------------------------------------------------------------
 
------------------------------------------------------------------------
Current Allocation to Senate Armed Services Committee:
    FY 2007 Budget Authority............................          98,717
    FY 2007 Outlays.....................................          98,252
    FY 2008 Budget Authority............................         102,110
    FY 2008 Outlays.....................................         102,041
    FY 2008-2012 Budget Authority.......................         547,250
    FY 2008-2012 Outlays................................         546,657
Adjustments:
    FY 2007 Budget Authority............................               0
    FY 2007 Outlays.....................................               0
    FY 2008 Budget Authority............................              15
    FY 2008 Outlays.....................................             112
    FY 2008-2012 Budget Authority.......................            -258
    FY 2008-2012 Outlays................................              22
Revised Allocation to Senate Armed Services Committee:
    FY 2007 Budget Authority............................          98,717
    FY 2007 Outlays.....................................          98,252
    FY 2008 Budget Authority............................         102,125
    FY 2008 Outlays.....................................         102,153
    FY 2008-2012 Budget Authority.......................         546,992
    FY 2008-2012 Outlays................................         546,679
------------------------------------------------------------------------

                                                          

                          ____________________


                   FURTHER CHANGES TO S. CON. RES. 21

  Mr. CONRAD. Mr. President, section 302 of S. Con. Res. 21, the 2008 
budget resolution, permits the chairman of the Senate Budget Committee 
to revise the allocations, aggregates, and other appropriate levels for 
legislation that improves certain services for and benefits to wounded 
or disabled military personnel and retirees, veterans, and their 
survivors and dependents. Section 302 authorizes the revisions provided 
that the legislation does not worsen the deficit over either the period 
of the total of fiscal years 2007 through 2012 or the period of the 
total of fiscal years 2007 through 2017.
  I find that H.R. 4986, the National Defense Authorization Act for 
fiscal year 2008, satisfies the conditions of the deficit-neutral 
reserve fund for veterans and wounded servicemembers. Therefore, 
pursuant to section 302, I am adjusting the aggregates in the 2008 
budget resolution, as well as the allocation provided to the Senate 
Armed Services Committee.

[[Page 532]]

  I ask unanimous consent that the following revisions to S. Con. Res. 
21 be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

 CONCURRENT RESOLUTION ON THE BUDGET FOR FISCAL YEAR 2008--S. CON. RES.
  21; FURTHER REVISIONS TO THE CONFERENCE AGREEMENT PURSUANT TO SECTION
302 DEFICIT-NEUTRAL RESERVE FUND FOR VETERANS AND WOUNDED SERVICEMEMBERS
                        [In billions of dollars]
------------------------------------------------------------------------
                       Section 101
------------------------------------------------------------------------
(1)(A) Federal Revenues:
    FY 2007.............................................       1,900.340
    FY 2008.............................................       2,025.853
    FY 2009.............................................       2,122.272
    FY 2010.............................................       2,176.581
    FY 2011.............................................       2,357.845
    FY 2012.............................................       2,500.246
(1)(B) Change in Federal Revenues:
    FY 2007.............................................          -4.366
    FY 2008.............................................         -24.943
    FY 2009.............................................          15.346
    FY 2010.............................................          12.860
    FY 2011.............................................         -36.705
    FY 2012.............................................         -96.850
(2) New Budget Authority:
    FY 2007.............................................       2,371.470
    FY 2008.............................................       2,512.558
    FY 2009.............................................       2,527.441
    FY 2010.............................................       2,581.501
    FY 2011.............................................       2,696.692
    FY 2012.............................................       2,736.438
(3) Budget Outlays:
    FY 2007.............................................       2,294.862
    FY 2008.............................................       2,476.425
    FY 2009.............................................       2,574.227
    FY 2010.............................................       2,609.365
    FY 2011.............................................       2,702.029
    FY 2012.............................................       2,715.194
------------------------------------------------------------------------


 CONCURRENT RESOLUTION ON THE BUDGET FOR FISCAL YEAR 2008--S. CON. RES.
  21; FURTHER REVISIONS TO THE CONFERENCE AGREEMENT PURSUANT TO SECTION
302 DEFICIT-NEUTRAL RESERVE FUND FOR VETERANS AND WOUNDED SERVICEMEMBERS
                        [In millions of dollars]
------------------------------------------------------------------------
 
------------------------------------------------------------------------
Current Allocation to Senate Armed Services Committee:
    FY 2007 Budget Authority............................          98,717
    FY 2007 Outlays.....................................          98,252
    FY 2008 Budget Authority............................         102,125
    FY 2008 Outlays.....................................         102,153
    FY 2008-2012 Budget Authority.......................         546,992
    FY 2008-2012 Outlays................................         546,679
Adjustments:
    FY 2007 Budget Authority............................               0
    FY 2007 Outlays.....................................               0
    FY 2008 Budget Authority............................              -6
    FY 2008 Outlays.....................................             -31
    FY 2008-2012 Budget Authority.......................             271
    FY 2008-2012 Outlays................................             -17
Revised Allocation to Senate Armed Services Committee:
    FY 2007 Budget Authority............................          98,717
    FY 2007 Outlays.....................................          98,252
    FY 2008 Budget Authority............................         102,119
    FY 2008 Outlays.....................................         102,122
    FY 2008-2012 Budget Authority.......................         547,263
    FY 2008-2012 Outlays................................         546,662
------------------------------------------------------------------------

                                                          

                          ____________________


                      HONORING SENATOR TRENT LOTT

  Mr. LUGAR. I join my Senate colleagues in expressing our confidence 
that many wonderful adventures lie before our friend, Trent Lott, and 
his family, even as we are saddened by his plans to leave the Senate.
  Tributes to Trent will include praise of his extraordinary leadership 
abilities, his thoughtfulness for others, his physical strength and 
endurance during long sessions of work, his even temper and good humor, 
and even his vocal performance talents.
  But Senate ``insiders'' will usually turn to the concept of ``Trent 
the Vote-Counter'' in an attempt to identify how and why our friend 
succeeded on so many occasions while many colleagues did not fare so 
well. I would not suggest for a moment that Trent lacked any counting 
ability, but I would suggest that a search for his crystal ball misses 
a major point. Trent was successful because he convinced people that 
they should support him and demonstrate that support by voting for him.
  Long before he announced his interest in elective office or commenced 
``herding cats'' on the House or Senate floors, Trent studied the 
Congress with the benefit of his able mentors, and he learned the 
fundamentals of how they had gained election in his home State of 
Mississippi. Trent learned that long before any vote-counting 
commenced, the fundamental task was to win hearts, minds, and trust of 
individual voters, and that requires evaluation of interests, the best 
arguments delivered in the most appropriate language with the best 
selection of time and place, and the steady development of trust.
  We watched Trent win elections in Mississippi, from afar, but we have 
witnessed his House and Senate leadership races up close. He faced 
strong and able opposition. He was a graceful winner. He fulfilled all 
expectations and promises, and we know he will continue to do so.
  Trent, I thank you for loyal friendship, personal encouragement, and 
the times we have enjoyed great experiences, together. I pray for your 
continuing good health and vitality which will make possible the 
enjoyment of your loving family and your service to others.

                          ____________________




                       HONORING OUR ARMED FORCES


                      Staff Sergeant Sean M. Gaul

  Mr. GRASSLEY. Mr. President, today I salute a great American hero who 
has fallen in service to his country in support of Operation Iraqi 
Freedom. Army SSG Sean M. Gaul gave his life on January 9, 2008, after 
sustaining wounds when an improvised explosive device detonated while 
he was on patrol in Sinsil, Iraq, in the Diyala Province. He was 
serving his fifth deployment in Iraq and Afghanistan. His loyalty and 
bravery will be remembered. My thoughts and prayers go out to Sean's 
family and friends, especially to his wife Jessica and their young 
daughter, his mother Christine, and his father Michael.
  Sean Gaul lived in Cresco, IA, with his parents until the age of 7. 
He then moved to Reno, NV, with his mother. He attended Reed High 
School, where he was a member of the Junior Reserve Officers' Training 
Corps. In 1997, he passed the GED exam. He was first deployed to 
Afghanistan shortly after the Sept. 11, 2001, terrorist attacks. Before 
deploying for the final time, he completed the Army's sniper school.
  Staff Sergeant Gaul's wife Jessica called him a ``very good man and 
loving husband.'' She said, ``He did not waiver from his 
responsibility. He always trained hard as he led the way by example. He 
was focused and determined as he sought out more special forces 
training.'' Again, my sincerest condolences go to his family and 
friends. I ask my colleagues here in the Senate and all Americans to 
remember with gratitude and appreciation a fine man and an exemplary 
solider, Army SSG Sean M. Gaul.

                          ____________________




                     RECOGNIZING THE SAFE COALITION

  Mr. DORGAN. Mr. President, early in 2007 I met with a distinguished 
group of American business leaders and retired military officers who 
had formed an organization called Securing America's Future Energy, 
SAFE, Coalition for the purpose of improving our country's energy 
security.
  This organization was comprised of a high level group of business and 
retired military leaders led by Federal Express CEO Fred Smith, and 
retired Marine GEN P.X. Kelley. They understood that our country's 
continued dependence on foreign oil coming from troubled parts of the 
world holds our entire economy hostage to events that are outside of 
our control. They knew that our energy security relates to both 
economic security and our national security and they wanted to do 
something about it.
  Their organization worked to develop a specific, aggressive plan that 
would reduce our dependence on foreign oil and reduce the intensity of 
oil use.
  Specifically, the plan called for an increase in vehicle efficiency 
through more aggressive CAFE standards. It also called for additional 
energy production here at home, both renewable and fossil energy, a 
much greater emphasis on conservation, and new and innovative ways to 
make more efficient use of our energy.
  Following our meeting I decided to take the lead in sponsoring 
legislation to implement the bulk of the SAFE Coalition's plan because 
I believed it was the best combination of approaches to begin solving 
our problem of excessive dependence on foreign oil.
  By the end of 2007 I am pleased to say that a substantial portion of 
that legislation which was recommended by the SAFE Coalition is now 
law. For the first time in over 34 years, Congress finally increased 
CAFE standards that require a 10-mile-per-gallon increase over 10 
years. It applies to both automobiles and trucks and does it in a way 
that does not penalize large vehicles. But it requires all vehicles to 
meet greater efficiency standards.

[[Page 533]]

  The Congress also included major new goals with respect to a robust 
renewable fuel standard of 36 billion gallons a year. All of those 
provisions were recommendations of the SAFE Coalition and 
recommendations in the legislation that I introduced in the Congress.
  The recommendations on additional production of energy was advanced 
with the recent passage legislation to open a portion of the Gulf of 
Mexico, known as Lease 181, to additional production of oil and natural 
gas.
  There is still more to be done to reduce our oil intensity and to 
allow us to become less dependent on foreign sources of oil. But I was 
proud to have been a member of the Energy Committee in the Senate that 
has advanced an energy bill with real and constructive solutions that 
will improve America's energy future.
  And I was also pleased to work with Fred Smith, P.X. Kelley, and many 
other American leaders who wanted to do the right thing for this 
country and whose efforts as a part of the SAFE Coalition, I believe, 
had measurable and substantial impact on the progress that we made this 
year.
  In a climate of so much partisanship, and at a time when it is so 
difficult to get things done, I am proud that all of us, working 
together, did something that represents a real investment in America's 
future.

                          ____________________



  (At the request of Mr. Reid, the following statement was ordered to 
be printed in the Record.)

                        HONORING SARGENT SHRIVER

 Mrs. CLINTON. Mr. President, I would like to pay tribute to 
Sargent Shriver, a humanitarian and powerful advocate for the poor and 
most vulnerable among us.
  While serving under President John F. Kennedy, Sargent Shriver was 
the driving force behind the creation of the Peace Corps and is 
credited with turning a bold idea for public service into a reality. 
Each year, more than 8,000 of our best and brightest citizens travel 
around the world, representing our Nation and values, to work with 
governments, nonprofits, schools, and local citizens to fulfill three 
goals: Providing aid to those in need, promoting a better understanding 
of America, and fostering greater understanding between people of 
different nations.
  Today, Peace Corps volunteers join with people across the globe in 
helping to lift up families and communities: farming and agricultural 
development in Paraguay; promoting education in China; combating HIV/
AIDS in Ghana; and so much else. More than 190,000 Peace Corps 
volunteers have served in nearly 140 countries. The work Peace Corps 
volunteers are carrying out on behalf of our country has never been 
more important than it is today. There is an urgent need to repair the 
damage to America's image abroad, both among our friends and those who 
do not wish America well.
  And the Peace Corps is only one part of Sargent Shriver's important 
contributions to our country.
  Sargent Shriver served as the first Director of the Office of 
Economic Opportunity under President Lyndon Johnson. He helped lead 
President Johnson's war on poverty where he created or inspired the 
creation of many social programs, including Volunteers in Service to 
America, VISTA, Head Start, Foster Grandparents, Job Corps, Upward 
Bound, and the Legal Services Corporation. I was honored and proud to 
serve on the board of Legal Services Corporation from 1978 to 1981, 
chairing the board of directors from 1978 to 1980. The Legal Services 
Corporation, and many efforts mentioned, continue to help millions of 
low-income Americans today.
  He played a significant role in the drafting and passage of the 
National Community Service Trust Act of 1993, legislation that created 
AmeriCorps, and I was proud to work with him on this effort in the 
Clinton administration. In recognition of his service to this Nation, 
on August 8, 1994, President Bill Clinton presented Sargent Shriver 
with the Presidential Medal of Freedom, our country's highest civilian 
honor.
  I continue to be inspired by Sargent Shriver's service to our 
country. In fact, nearly a decade ago, I joined Sargent Shriver at the 
dedication of the new Peace Corps building and recounted a story I once 
heard. When the founders of Peace Corps were just starting out--still 
figuring out what the organization would look like and how it would 
work--Sargent Shriver was shown an organizational chart. This chart 
showed him at the top, with lines pointing down at staff members at 
various levels of a hierarchy. At the bottom of the chart was the word 
``volunteer.'' When Sargent Shriver saw this chart, he turned it upside 
down because he believed deeply that the volunteers were the heart and 
soul--and the most important part--of the Peace Corps. His vision set 
the course of the agency--and that is how it has been run ever since.
  Each of us has a responsibility to live up to that vision, to promote 
volunteerism, to give our young people a chance to give back to the 
Nation that has given each of us so much. That is why I stood with my 
colleagues in 2003 to undo massive funding cuts to AmeriCorps. These 
are cuts that would have meant thousands of Americans who wanted to 
serve through programs like VISTA, City Year, and Teach For America but 
would be turned away at the doors.
  And that is why I have worked to support AmeriCorps and to remove 
barriers to public service. I proposed the Public Service Academy Act. 
It would create a new Public Service Academy, modeled on the military 
service academies, to provide a 4-year, affordable college education 
for more than 5,000 students each year in exchange for 5-year 
commitment to public service.
  Sargent Shriver is a leader and servant whose legacy will live on for 
generations to come. It will live on in the work of Peace Corps 
volunteers in nations around the world. It will live on in the work of 
AmeriCorps helping to lift up communities here at home. And it will 
live on in his work to create more opportunities for children and 
families living in poverty.
  Together, we can help to carry his legacy forward, too, through 
public service--and through small and large acts of kindness and 
generosity to build better communities and a better world.

                          ____________________



  (At the request of Mr. Reid, the following statement was ordered to 
be printed in the Record.)

                      IRAQ'S RELIGIOUS MINORITIES

 Mr. OBAMA. Mr. President, I wrote to Secretary Rice on 
September 11, 2007, out of concern for Iraq's Christian and other non-
Muslim religious minorities who appear to be targeted by Sunni, Shiite, 
and Kurdish militants. The severe violations of religious freedom faced 
by members of these indigenous communities, and their potential 
extinction from their ancient homeland, is deeply alarming in light of 
our mission to bring freedom to the Iraqi people.
  In addition, such violence may be an indicator of greater sectarian 
violence. Such rising violence and the Iraqi internally displaced 
people and refugee crises potentially could serve as catalysts for 
wider regional instability. These crises demand an urgent response from 
our Government.
  On January 11, 2008, I received a response from the Department of 
State to the questions I posed in my letter. I ask to have my original 
letter and the response from the Department of State printed in the 
Congressional Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                                  U.S. Senate,

                               Washington, DC, September 11, 2007.
     Hon. Condoleezza Rice,
     Secretary, Department of State,
     Washington, DC.
       Dear Secretary Rice: I am writing out of concern for Iraq's 
     Christian and other non-Muslim religious minorities, 
     including Catholic Chaldeans, Syriac Orthodox, Assyrian, 
     Armenian and Protestant Christians, as well as smaller Yazidi 
     and Sabean Mandaean communities. I know that the fate of 
     these communities was the subject of a recent letter to you 
     from the U.S. Commission on International Religious Freedom.
       These communities appear to be targeted by Sunni, Shiite 
     and Kurdish militants. The

[[Page 534]]

     U.N. High Commissioner for Refugees reports that Christians, 
     now less than 4 percent of Iraq's population, make up 40 
     percent of its refugees. And according to the United States 
     Commission on International Religious Freedom, ``violence 
     against members of Iraq's Christian community occurs 
     throughout the country, and the Commission has raised 
     particular concern about reports from Baghdad, Mosul, Basra, 
     and the north Kurdish regions.''
       Such violence bespeaks a humanitarian crisis of grave 
     proportions. The severe violations of religious freedom faced 
     by members of these indigenous communities, and their 
     potential extinction from their ancient homeland, is deeply 
     alarming in light of our mission to bring freedom to the 
     Iraqi people. In addition, such violence may be an indicator 
     of greater sectarian violence. Such rising sectarian violence 
     and the Iraqi internally displaced people and refugee crises 
     potentially could serve as catalysts for wider regional 
     instability. These crises demand an urgent response from our 
     government.
       In that regard. I request that you provide responses to the 
     following questions:
       (1) Is it the State Department's view that Iraq's Christian 
     and other non-Muslim minorities face particular threats 
     because of their religion? Do they face a level of threat and 
     abuse disproportionate to their representation in the Iraqi 
     population?
       (2) Has the State Department or our embassy in Baghdad 
     sought out members of these communities to inquire as to what 
     the United States could do to enhance their protection?
       (3) What steps, if any, has the State Department taken to 
     urge the Iraqi government to provide protection to Iraq's 
     Christian and other non-Muslim religious minorities?
       (4) Has the Iraqi government been responsive to requests 
     for such protection?
       (5) Do you have reason to believe that any Iraqi security 
     forces or other government forces or personnel are involved 
     in violence against such vulnerable populations?
       (6) What mechanisms are in place to ensure that U.S.-
     trained and equipped Iraqi Security Forces do not use U.S.-
     provided assistance for sectarian purposes?
       (7) What plans have the Agency for International 
     Development and State Department developed to increase 
     humanitarian assistance to Iraq's internally displaced?
       I thank you in advance for the consideration of these 
     questions, and I look forward to your prompt reply.
           Sincerely,
                                                     Barack Obama,
     United States Senator.
                                  ____



                                     U.S. Department of State,

                                Washington, DC., January 11, 2008.
     Hon. Barack Obama,
     U.S. Senate,
       Dear Senator Obama: Thank you for your letter regarding the 
     status of Iraq's religious minorities. We regret the delay in 
     sending you this response, but we wanted to provide you with 
     a reply that was both comprehensive and accurate.
       We share the concerns you express in your letter and assure 
     you the Department of State takes matters relating to the 
     safety of Iraq's ethnic and religious minorities very 
     seriously.
       Iraqis from all ethnic and religious communities suffer 
     from the sectarian and general violence in Iraq. While it is 
     true that in some cases religious minorities, such as 
     Christians, are targeted due to their religion, the threat to 
     Iraq's religious minorities is not unique to them; Shi'a in 
     Sunni majority areas face much the same situation, and vice 
     versa. In fact, Muslim citizens generally who do not support 
     the actions of militants within their region are subject to 
     similar threats. The assassination in Anbar of Sunni Sheikh 
     Abdul Sattar Bezia al-Rishawi, who rejected extremist 
     ideologies and sectarianism, and the murders of associates of 
     the Shi'a Grand Ayatollah Ali al-Sistani are recent examples 
     of how violence impacts all of Iraq's communities, not just 
     Christians or other non-Muslims.
       Unfortunately, given the difficulty of compiling accurate 
     data in Iraq, it is not possible to determine through 
     statistical analysis whether violence against specific groups 
     is disproportionate to their representation in the 
     population. However, communities that are isolated or small 
     in number and that lack the means of providing for their own 
     protection are particularly at risk.
       The Department of State is coordinating closely with 
     several U.S. Government agencies, as well as the Government 
     of Iraq, religious leaders, and local ethnic and religious 
     organizations in Iraq, to help alleviate the plight of 
     minority groups. Moreover, the Embassy and Provincial 
     Reconstruction Teams (PRTs), together with Coalition Forces, 
     are working at the national and provincial level to help the 
     Iraqi Government provide the necessary protection and safety 
     for all of its citizens, including Iraqi religious 
     minorities. And the Government of Iraq continues to improve 
     its capacity and capability to improve the overall security 
     situation and, thereby, protect Iraq's minority communities. 
     We would also note that while we have seen reports of 
     violence against Iraqi non-Muslims, we have not seen evidence 
     showing these acts were part of an orchestrated effort by 
     Iraqi government forces.
       As part of our efforts to help improve the situation for 
     minority groups in Iraq, State Department and Embassy 
     officials meet regularly with representatives of Iraq's 
     ethnic and minority groups and raise their concerns with the 
     appropriate Iraqi Government officials at all levels. The 
     PRTs located in Ninewa province and the Kurdish region--areas 
     with large Christian and other non-Muslim communities--also 
     meet regularly with representatives from these communities 
     and work to ensure that their concerns are heard at the 
     provincial government level.
       The status of religious minorities in Iraq will become more 
     secure as groups representing them develop the capability to 
     advocate on their own behalf and participate actively in the 
     political system. To that end, U.S. Government-sponsored 
     programs offer assistance to such groups upon request in 
     areas such as conflict resolution, political party 
     development, and human rights. In conjunction with these 
     efforts, the U.S. Agency for International Development 
     (USAID) and the Department of State's Bureau of Population, 
     Refugees, and Migration (PRM) are supporting capacity-
     building programs for the Government of Iraq's Ministry of 
     Displacement and Migration at both the local and national 
     levels. While PRM focuses primarily on assisting refugees and 
     facilitating entry into the U.S. Refugee Admissions Program 
     for the most vulnerable Iraqi refugees, it coordinates its 
     programs with those of USAIP to ensure that as many 
     vulnerable Iraqis as possible receive essential services as 
     quickly as possible.
       USAID's Office of Foreign Disaster Assistance (OFDA) has 
     five implementing partner organizations presently working 
     with internally displaced persons (IDPs) in all 18 of Iraq's 
     provinces. For 2007, assistance has been targeted to reach 
     approximately 550,000 of the most vulnerable IDP 
     beneficiaries. OFDA plans to obligate an additional $26 
     million by December 31, 2007, and has requested an additional 
     $80 million for Iraqi IDP in FY 2008. USAID is also funding 
     humanitarian organizations to collect data on IDP movements 
     and needs to prioritize humanitarian assistance.
       USAID's understanding of the current breakdown in IDP 
     accommodation is that 56 percent are renting accommodations, 
     19 percent are living with host families, 25 percent are 
     living in abandoned buildings such as former military sites 
     (barracks, etc.), and less than one percent are living in 
     tented camps. This indicates that coping mechanis remain for 
     the majority of IDPs, although threats and vulnerabilities 
     still exist, including a continuing need for access to food 
     and potable water, adequate shelter and sanitation, and 
     health care and other social services. In addition, IDPs are 
     faced with border crossing closures; restrictions on their 
     abilities to register as IDPs, and the upcoming winter. USAID 
     is prepared to help IDPs respond to these vulnerabilities 
     with existing resources and partners, and plans to continue 
     responding with additional resources expected to be obligated 
     by the end of calendar year 2007.
       The Secretary of Defense could best address your question 
     about mechanisms to ensure that U.S.-trained and equipped 
     Iraqi Security Forces do not use U.S.-provided assistance for 
     sectarian purposes.
       We hope this information is helpful to you. Please do not 
     hesitate to contact us if we can be of further assistance on 
     this or any other matter.
           Sincerely,
                                               Jeffrey T. Bergner,
     Assistant Secretary, Legislative Affairs.

                          ____________________




                         ADDITIONAL STATEMENTS

                                 ______
                                 

           TRIBUTE TO REVEREND DR. WALLACE S. HARTSFIELD, SR.

 Mr. BOND. Mr. President, today I wish to recognize a devoted 
pastor, community leader, father and friend: Reverend Dr. Wallace S. 
Hartsfield, Sr.
  On January 1 of this year, Reverend Hartsfield retired as senior 
pastor of the Metropolitan Missionary Baptist Church in Kansas City, 
MO. He served as the congregation's pastor for more than 40 years and 
as a dedicated member of the clergy for more than 55 years.
  Dr. Hartsfield has worked as a key leader and mentor in social, 
political, and religious circles in Kansas City and throughout the 
country. He has served at every level of the National Baptist 
Convention of America and as the president of the General Baptist 
Convention of Missouri, Kansas, and Nebraska.
  My friend, Congressman Emanuel Cleaver, has dubbed this remarkable 
leader the ``Godfather of Preachers'' for his ministerial knowledge and 
superior oratorical skills.
  Countless Kansas Citians--and Americans--have been touched by this 
man

[[Page 535]]

and his messages. Always positive, Dr. Hartsfield speaks out for peace, 
social and racial justice, AIDS intervention, faith, and hard work. And 
like a true pastor, he cares deeply for his congregation and the 
surrounding community. My guess is he will not slow down much even in 
retirement.
  As a measure of our appreciation for Pastor Hartsfield's long service 
to the community, Congressman Cleaver, Senator McCaskill, and I worked 
to enact legislation designating the U.S. Postal Service facility at 
4320 Blue Parkway in Kansas City the ``Wallace S. Hartsfield Post 
Office Building.'' This designation is but small recognition of Dr. 
Hartsfield's many accomplishments as a minister, dedicated community 
activist, civil servant, and compassionate role model. I am proud to 
call him a friend.
  Future generations will look to his leadership and example to find 
hope and inspiration. Dr. Hartsfield has truly made the world a better 
place.

                          ____________________




                         HONORING MAXINE FROST

 Mrs. BOXER. Mr. President, I ask my colleagues to join me in 
recognizing the accomplishments of Maxine Pierce Frost, a longtime 
community leader in Riverside, CA, and nationally renown leader in 
education. In November 2007 Maxine Frost announced her retirement from 
the Riverside Unified School District after 40 years of dedicated 
service. Due to failing health, she died shortly thereafter.
  Since 1967, Maxine Frost has provided leadership to her community, 
the State of California, and our Nation. As a board member of the 
Riverside Unified School District, Frost has seen great change in 
education policy throughout her tenure. Being a member of the first 
large school district in the Nation to voluntarily desegregate, she has 
helped pave the way for similar changes across America.
  Throughout periods of intense growth in the State and the region, 
Maxine Frost has worked diligently to ensure that students and 
educators are provided with adequate resources. The Riverside Unified 
School District has grown from roughly 23,000 students to 43,000 
students during Frost's tenure. Throughout this period of intense 
growth, she has maintained her resolve that every student have the 
resources they need to succeed.
  Numerous academic committees across the State of California and our 
Nation have benefitted from the leadership and experience of Maxine 
Frost. She has held a number of leadership posts: president of the 
Pacific Region of National School Boards Association, the California 
School Boards Association Legislative Network, the California 
Association of Suburban School Districts, the Schools Accrediting 
Commissions, the Council for Basic Education, and the California 
Association of Student Council's Board of Directors. In 1981, after 
serving as president of the California School Boards Association, 
California Governor George Deukmejian appointed her to the Education 
Commission of the States, in which she served alongside future 
President William Jefferson Clinton, who chaired the commission at that 
time.
  On October 16, 2006, the Riverside Unified School District adopted a 
resolution to designate one of its elementary schools as Maxine Frost 
Elementary School, in honor of her longtime service and dedication to 
the community.
  On her retirement from four decades of service and dedication to the 
students, families, and educators of California and our Nation, I am 
pleased to ask my colleagues to join me in posthumously thanking her 
for her fine work. Her tremendous leadership and lifetime of 
achievement will be long remembered.

                          ____________________




           100TH ANNIVERSARY OF MUIR WOODS NATIONAL MONUMENT

 Mrs. BOXER. Mr. President, I take this opportunity to observe 
the 100th anniversary of Muir Woods National Monument, located in Marin 
County, CA.
  It was U.S. Representative William Kent whose visionary actions would 
lead to the creation of Muir Woods National Monument. During the mid-
nineteenth century, the Gold Rush brought treasure seekers to northern 
California in large numbers. To accommodate this rapid population 
growth in San Francisco and other coastal cities, timber, meat, and 
crops were needed in much larger quantities. As a result, much of the 
easily accessible timber in Marin County was logged between 1840 and 
1870.
  Representative Kent witnessed this massive resource depletion and 
decided to take action to preserve coastal redwood forest areas. In 
1905, he purchased 612 acres of the Redwood Canyon from the Tamalpais 
Land & Water Co. On December 26, 1907, in order to best protect the 
land, Representative Kent and his wife, Elizabeth Thatcher Kent, 
donated 298 acres of Redwood Canyon to the Federal Government. On 
January 9, 1908, President Theodore Roosevelt declared Muir Woods a 
National Monument. This year, we celebrate its centennial anniversary.
  Coast redwoods, Sequoia sempervirens, are the dominant feature of 
Muir Woods' forest. These ancient wonders are also the world's tallest 
living tree species and the official tree of the State of California. 
This species of redwood is believed to have existed when the dinosaurs 
roamed the Earth. Visitors to Muir Woods are left fascinated as they 
get to experience living history by exploring the Bohemian and 
Cathedral groves of Muir Woods, where many trees are more than 1,200 
years old. Muir Woods is also home to douglas fir, tanbark oak, bigleaf 
maple, and bay laurel trees, leading conservationist and namesake John 
Muir to remark that Muir Woods ``is the best tree-lovers' monument that 
could possibly be found in all the forests of the world.''
  Only 15 miles north of San Francisco, Muir Woods National Monument 
offers a stunning glimpse of the redwood forests that once covered 
northern California's coastal valleys. For 100 years, Muir Woods 
National Monument has served as a recreational escape for nature 
enthusiasts, hikers, and those seeking a glimpse of northern 
California's rich history. It is a powerful reminder of the beauty of 
nature and the importance of conservation efforts.
  I commend the National Park Service staff and volunteers for 
maintaining the natural beauty and historical significance of Muir 
Woods National Monument. I look forward to future generations having 
the opportunity to study and enjoy this unique piece of our State and 
national history for another 100 years.

                          ____________________




            100TH ANNIVERSARY OF PINNACLES NATIONAL MONUMENT

 Mrs. BOXER. Mr. President, I take this opportunity to 
recognize the 100th anniversary of Pinnacles National Monument, located 
in San Benito County, CA.
  On January 16, 1908, President Theodore Roosevelt proclaimed 2,080 
acres of the Pinnacles National Forest Reserve as Pinnacles National 
Monument. This year, we celebrate its centennial anniversary. Part of 
an extinct volcano, the spectacular geology of Pinnacles National 
Monument has fascinated visitors for decades. A variety of flora and 
fauna flourishes in this unusual landscape, including an exquisite 
chaparral ecosystem and nearly 400 species of bees, the highest known 
bee-diversity of any place on Earth.
  Situated near the San Andreas Rift Zone with the Central Coast to the 
west and Gabilan Mountain Range to the east, Pinnacles National 
Monument now occupies over 26,000 acres 14,000 acres of which are 
congressionally designated wilderness. With surrounding lands tended by 
farmers whose ancestors homesteaded the region and cowboys who watch 
over the cattle that graze on the expansive plains, Pinnacles National 
Monument offers a sublime glimpse into California's past.
  Pinnacles is home to 20 endemic species holding special Federal or 
state status and is also the ancestral home range of the California 
condor. Pinnacles is the only National Park site that releases and 
maintains this extremely endangered bird species, and is

[[Page 536]]

critical to the overall condor recovery effort. Pinnacles is also 
located within the Pacific Flyway migratory route and contains the 
highest concentration of nesting prairie falcons of any national park 
in the country.
  Only 100 miles from the urban centers of San Francisco and San Jose, 
Pinnacles National Monument remains a haven of solitude for nature 
enthusiasts and offers a stunning reflection of California's rural 
history and heritage. For 100 years, Pinnacles National Monument has 
served as a recreational escape for hikers, outdoor enthusiasts, and 
those seeking a glimpse of California's rich history. It is a powerful 
reminder of the beauty of nature and the importance of conservation 
efforts.
  I commend the National Park Service staff and volunteers for 
maintaining the natural beauty and historical significance of Pinnacles 
National Monument. I look forward to future generations having the 
opportunity to study and enjoy this unique piece of our State and 
national history for another 100 years.

                          ____________________




                            RIALTO AIDS WALK

 Mrs. BOXER. Mr. President, I wish to recognize an important 
event that has occurred in my State of California. To honor World AIDS 
Day, the city of Rialto partnered with Brothers and Sisters in Action, 
BASIA, and First Chance/Youth-Community Health Outreach Workers to host 
the inaugural AIDS Walk Rialto on December 8, 2007. I am pleased to say 
that it was a success.
  Since reported in 1981, HIV/AIDS has become the most significant 
communicable disease in San Bernardino County for African Americans. 
The rate of HIV among this group has increased dramatically since the 
first cases were reported. In 2005, 18 percent of the new HIV cases in 
San Bernardino County were in African Americans, yet African Americans 
represent only 8.5 percent of the population of the county. AIDS Walk 
Rialto aimed to broaden awareness of this disparity.
  I commend the city of Rialto and the organizers of this event for the 
work that they are doing to turn the tide of HIV/AIDS infections on the 
local level. Better education and awareness programs can make a 
tremendous difference in stopping the spread of this disease, and I 
encourage an even larger parade next year.

                          ____________________




                     HONORING THE LIFE OF VU NGUYEN

 Mrs. BOXER. Mr. President, I ask my colleagues to join me as I 
honor the life of Sacramento sheriff's deputy Vu Dinh Nguyen, who was 
tragically killed in the line of duty on December 19, 2007.
  Deputy Nguyen dedicated his career to law enforcement and public 
safety. He was a member of the Sacramento Sheriff's Department for 7 
years, serving as a member of the gang unit for 3 years. Prior to his 
career with the Sheriff's Department, he was a probation officer for 
Sacramento County.
  Vu Nguyen was born in Vietnam in 1970 and immigrated to the United 
States in 1975. His family settled in Modesto, CA, where he attended 
Burbank Elementary School, Mark Twain Junior High School, and Modesto 
High School. While attending Modesto High School he participated in 
several activities including football, yearbook, and student 
government.
  Vu continued his education at California State University, 
Sacramento, where he graduated cum laude with a degree in criminal 
justice. He continued to excel at the Sheriff's Academy where he 
graduated with high honors.
  Deputy Nguyen was married in April and is survived by his wife Phanh, 
parents, five sisters, and two brothers. His family, friends, and 
colleagues remember him as a humble man, a respected officer, and an 
ambassador for the Sheriff's Department in the Asian-American community 
where he often reached out to troubled youth.
  Deputy Vu Nguyen's brave service and commitment to public safety will 
not be forgotten.

                          ____________________




                       ALPHA KAPPA ALPHA SORORITY

 Mrs. CLINTON. Mr. President, I am pleased to commemorate the 
centennial anniversary of the Alpha Kappa Alpha Sorority, Incorporated, 
America's first Greek-letter organization established by Black college 
women. It is with great pride that I join my friends Congresswoman 
Sheila Jackson-Lee, Congresswomen Diane Watson, and Congresswoman Eddie 
Bernice Johnson in extending our congratulations to all of its members 
on this tremendous occasion.
  On January 15, 1908, Alpha Kappa Alpha Sorority was founded at Howard 
University in Washington, DC, by Ethel Hedgeman Lyle, who envisioned 
AKA as a source of social and intellectual enrichment for its members. 
Over the past century, AKA has evolved into a nationwide organization 
of college-trained women working to improve the socioeconomic 
conditions in their cities, States, and countries throughout the world. 
Today, the sorority serves through a membership of more than 200,000 
women in 975 chapters in the United States and several other countries.
  In September 2005, along with my colleagues in the House, I had the 
pleasure of cohosting a reception on Capitol Hill for the House AKA 
leadership and nearly 100 members. I was reminded yet again of the 
remarkable strength and unwavering dedication of AKA to improve the 
lives of others.
  AKA's significant contributions to the Black community and to 
American society over the past century are widespread. From election 
reform and safety to and health care and education initiatives, AKA has 
raised money for and spread awareness about issues that directly impact 
countless lives across the country. In addition to advancing these 
services, AKA maintains a focus on strengthening the quality of life 
for its members. AKA cultivates and encourages high scholastic and 
ethical standards, promotes unity and friendship among college women, 
alleviates problems facing girls and women, maintains a progressive 
interest in college life and continues to demonstrate the power of 
Ethel Hedgeman Lyle's vision a century later.
  Today marks not only a moment for celebration but also a time to give 
thanks to all members for the significant contributions AKA have made 
to our communities and America over the past century.
  AKA's members have built an enduring legacy of leadership and service 
that has made a profound contribution to our history and to our future. 
As the women of AKA celebrate this significant milestone, I add to the 
chorus of thanks and praise for your 100 years of groundbreaking 
achievement and the many accomplishments yet to come.

                          ____________________




                  RETIREMENT OF MR. DAVID J. WILLIAMS

 Mr. SPECTER. Mr. President, I congratulate David J. Williams 
for his 30 years of service to the vaccine industry and Pennsylvania.
  Mr. Williams was born in Scranton, PA, and received his accounting 
degree from the University of Scranton in 1973. He then joined 
Connaught Laboratories in 1978 as the manager of financial services. 
Mr. Williams was a member of the executive team and was named chief 
operating officer of Connaught Laboratories in 1989.
  Mr. Williams steered the company through several mergers and 
acquisitions, growing the organization from 100 employees and sales of 
just over $5 million in 1978, to the creation of today's Sanofi 
Pasteur, the world's largest vaccine manufacturer with 11,000 employees 
and more than $4 billion in sales in 2007. Under Mr. Williams' 
guidance, more than a billion doses of Sanofi Pasteur's lifesaving 
vaccines are administered to more than 500 million people around the 
world each year, representing more than 25 percent of the global 
vaccine market.
  Mr. Williams recognized his company's ability to address current and 
future public health needs by investing in a research and development 
program and a production plan for pandemic preparedness in the event 
that a public health emergency strikes the United States. Mr. Williams 
and Sanofi Pasteur have helped to build the domestic infrastructure 
necessary to protect

[[Page 537]]

millions of Americans from deadly diseases, while addressing public 
health around the world.
  Mr. Williams has served as an advocate for the survival of the 
vaccine industry. I am told that in 1986, when the industry was being 
diminished by lawsuits, he served as the industry point person for 
negotiation of The National Childhood Vaccine Injury Compensation Act, 
which established the Vaccine Injury Compensation Fund. In his 
dedication to the larger immunization community, he created the Vaccine 
Policy Committee of the Pharmaceutical Research and Manufacturers of 
America and is a founding member of the Partnership for Prevention 
which includes public and private sector representatives who focus on 
preventative health care policies.
  Mr. Williams served as the first liaison member of the Advisory 
Committee on Immunization Practices to the U.S. Centers for Disease 
Control and Prevention, which sets immunization policy in the United 
States. He has also served on the board of directors of the 
Biotechnology Industry Organization, Blue Cross of Northeastern 
Pennsylvania, the Hospital Service Association of Northeastern 
Pennsylvania, and the Board of Regents of the University of Scranton. 
He is one of the founding board members of the Medical Education 
Development Consortium.
  I am advised that Mr. Williams has cultivated a culture of community 
involvement at Sanofi Pasteur and demonstrated a commitment to 
philanthropy through the company's contributions to United Way and 
donations of vaccines through UNICEF, the Global Alliance for Vaccines 
Immunization, GAVI, the World Health Organization's Global Polio 
Eradication Initiative and various humanitarian relief efforts.
  Mr. Williams has also been committed to the economic growth and 
development of the Commonwealth of Pennsylvania. This includes 
expanding the impressive campus in Swiftwater to maintain a domestic 
manufacturing base for many vaccines, including influenza. Under his 
guidance, Sanofi Pasteur has grown to be the largest private employer 
in Monroe County and a purchaser of over $145 million in goods and 
services from Pennsylvania-based vendors. I have been pleased to assist 
in this important expansion through appropriation of Federal funding 
which not only benefits the county but the entire Commonwealth and 
Nation.
  On January 16, 2008, after 30 years of service, David J. Williams 
will retire as the chairman, president, and chief executive officer of 
Sanofi Pasteur. I commend Dr. Williams for his distinguished career and 
leadership in the advancement of immunizations and the eradication of 
vaccine-preventable diseases.

                          ____________________




                      MESSAGES FROM THE PRESIDENT

  Messages from the President of the United States were communicated to 
the Senate by Mrs. Neiman, one of his secretaries.

                          ____________________




                      EXECUTIVE MESSAGES REFERRED

  As in executive session the Presiding Officer laid before the Senate 
messages from the President of the United States submitting sundry 
nominations and treaties which were referred to the appropriate 
committees.
  (The nominations received today are printed at the end of the Senate 
proceedings.)

                          ____________________




  REPORT ON THE PROPOSED AGREEMENT FOR COOPERATION BETWEEN THE UNITED 
STATES AND THE REPUBLIC OF TURKEY RELATIVE TO PEACEFUL USES OF NUCLEAR 
                             ENERGY--PM 34

  The PRESIDING OFFICER laid before the Senate the following message 
from the President of the United States, together with an accompanying 
report; which was referred to the Committee on Foreign Relations:

To the Congress of the United States:
  I transmit to the Congress, pursuant to sections 123 b. and 123 d. of 
the Atomic Energy Act of 1954, as amended (42 U.S.C. 2153(b), (d)) (the 
``Act''), the text of the proposed Agreement for Cooperation between 
the United States of America and the Republic of Turkey Concerning 
Peaceful Uses of Nuclear Energy (the ``Agreement'') together with a 
copy of the unclassified Nuclear Proliferation Assessment Statement 
(NPAS) and of my approval of the proposed Agreement and determination 
that the proposed Agreement will promote, and will not constitute an 
unreasonable risk to, the common defense and security. The Secretary of 
State will submit the classified NPAS and accompanying annexes 
separately in appropriate secure channels.
  The Agreement was signed on July 26, 2000, and President Clinton 
approved and authorized execution and made the determinations required 
by section 123 b. of the Act (Presidential Determination 2000-26, 65 FR 
44403 (July 18, 2000)). However, immediately after signature, U.S. 
agencies received information that called into question the conclusions 
that had been drawn in the required NPAS and the original classified 
annex, specifically, information implicating Turkish private entities 
in certain activities directly relating to nuclear proliferation. 
Consequently, the Agreement was not submitted to the Congress and the 
executive branch undertook a review of the NPAS evaluation.
  My Administration has completed the NPAS review as well as an 
evaluation of actions taken by the Turkish government to address the 
proliferation activities of certain Turkish entities (once officials of 
the U.S. Government brought them to the Turkish government's 
attention). The Secretary of State, the Secretary of Energy, and the 
members of the Nuclear Regulatory Commission are confident that the 
pertinent issues have been sufficiently resolved and that there is a 
sufficient basis (as set forth in the classified annexes, which will be 
transmitted separately by the Secretary of State) to proceed with 
congressional review of the Agreement and, if legislation is not 
enacted to disapprove it, to bring the Agreement into force.
  In my judgment, entry into force of the Agreement will serve as a 
strong incentive for Turkey to continue its support for 
nonproliferation objectives and enact future sound nonproliferation 
policies and practices. It will also promote closer political and 
economic ties with a NATO ally, and provide the necessary legal 
framework for U.S. industry to make nuclear exports to Turkey's planned 
civil nuclear sector.
  This transmittal shall constitute a submittal for purposes of both 
section 123 b. and 123 d. of the Act. My Administration is prepared to 
begin immediate consultations with the Senate Foreign Relations 
Committee and the House Foreign Affairs Committee as provided in 
section 123 b. Upon completion of the period of 30 days of continuous 
session provided for in section 123 b., the period of 60 days of 
continuous session provided for in section 123 d. shall commence.
                                                      George W. Bush.  
The White House, January 22, 2008.

                          ____________________




             MESSAGES FROM THE HOUSE RECEIVED DURING RECESS

                                 ______
                                 

                         ENROLLED BILLS SIGNED

  Under authority of the order of January 4, 2007, the following 
enrolled bills, previously signed by the Speaker pro tempore of the 
House, were signed on December 20, 2007, during the recess of the 
Senate, by the President pro tempore (Mr. Byrd):

       S. 2271. An act to authorize State and local governments to 
     divest assets in companies that conduct business operations 
     in Sudan, to prohibit United States Government contracts with 
     such companies, and for other purposes.
       S. 2488. An act to promote accessibility, accountability, 
     and openness in Government by strengthening section 552 of 
     title 5, United States Code (commonly referred to as the 
     Freedom of Information Act), and for other purposes.
       H.R. 366. An act to designate the Department of Veterans 
     Affairs Outpatient Clinic in Tulsa, Oklahoma, as the 
     ``Earnest Childers Department of Veterans Affairs Outpatient 
     Clinic''.
       H.R. 3996. An act to amend the Internal Revenue Code of 
     1986 to extend certain expiring provisions, and for other 
     purposes.

[[Page 538]]



                          ____________________




               ENROLLED BILLS AND JOINT RESOLUTION SIGNED

  Under the authority of the order of the Senate of January 4, 2007, 
the Secretary of the Senate, on December 20, 2007, during the recess of 
the Senate, received a message from the House of Representatives 
announcing that the Speaker pro tempore (Mr. Van Hollen) has signed the 
following enrolled bills and joint resolution:

       H.R. 1045. An act to designate the Federal building located 
     at 210 Walnut Street in Des Moines, Iowa, as the ``Neal Smith 
     Federal Building''.
       H.R. 2011. An act to designate the Federal building and 
     United States courthouse located at 100 East 8th Avenue in 
     Pine Bluff, Arkansas, as the ``George Howard, Jr. Federal 
     Building and United States Courthouse''.
       H.R. 3470. An act to designate the facility of the United 
     States Postal Service located at 744 West Oglethorpe Highway 
     in Hinesville, Georgia, as the ``John Sidney `Sid' Flowers 
     Post Office Building''.
       H.R. 3569. An act to designate the facility of the United 
     States Postal Service located at 16731 Santa Ana Avenue in 
     Fontana, California, as the ``Beatrice E. Watson Post Office 
     Building''.
       H.R. 3571. An act to amend the Congressional Accountability 
     Act of 1995 to permit individuals who have served as 
     employees of the Office of Compliance to serve as Executive 
     Director, Deputy Executive Director, or General Counsel of 
     the Office, and to permit individuals appointed to such 
     positions to serve one additional term.
       H.R. 3690. An act to provide for the transfer of the 
     Library of Congress police to the United States Capitol 
     Police, and for other purposes.
       H.R. 3974. An act to designate the facility of the United 
     States Postal Service located at 797 Sam Bass Road in Round 
     Rock, Texas, as the ``Marine Corps Corporal Steven P. Gill 
     Post Office Building''.
       H.R. 4009. An act to designate the facility of the United 
     States Postal Service located at 567 West Nepessing Street in 
     Lapeer, Michigan, as the ``Turrill Post Office Building''.
       H.J. Res. 72. Joint resolution making further continuing 
     appropriations for the fiscal year 2008, and for other 
     purposes.
       S. 1396. An act to authorize a major medical facility 
     project to modernize inpatient wards at the Department of 
     Veterans Affairs Medical Center in Atlanta, Georgia.
       S. 1896. An act to designate the facility of the United 
     States Postal Service located at 11 Central Street in 
     Hillsborough, New Hampshire, as the ``Officer Jeremy Todd 
     Charron Post Office''.
       S. 1916. An act to amend the Public Health Service Act to 
     modify the program for the sanctuary system for surplus 
     chimpanzees by terminating the authority for the removal of 
     chimpanzees from the system for research purposes.

  Under the authority of the order of the Senate of January 4, 2007, 
the enrolled bills and joint resolution were signed on December 20, 
2007, by the President pro tempore (Mr. Byrd).

                          ____________________




               ENROLLED BILLS AND JOINT RESOLUTION SIGNED

  Under the authority of the order of the Senate of January 4, 2007, 
the Secretary of the Senate, on December 21, 2007, during the recess of 
the Senate, received a message from the House of Representatives 
announcing that the Speaker pro tempore (Mr. Van Hollen) has signed the 
following enrolled bills:

       H.R. 660. An act to amend title 18, United States Code, to 
     protect judges, prosecutors, witnesses, victims, and their 
     family members, and for other purposes.
       H.R. 4839. An act to amend the Internal Revenue Code of 
     1986 to make technical corrections, and for other purposes.
       S. 863. An act to amend title 18, United States Code, with 
     respect to fraud in connection with major disaster or 
     emergency funds.
       S. 2436. An act to amend the Internal Revenue Code of 1986 
     to clarify the term of the Commissioner of Internal Revenue.
       S. 2499. An act to amend titles XVIII, XIX, and XXI of the 
     Social Security Act to extend provisions under the Medicare, 
     Medicaid, and SCHIP programs, and for other purposes.

  Under the authority of the order of the Senate of January 4, 2007, 
the enrolled bills and joint resolution were signed on December 27, 
2007, by the President pro tempore (Mr. Byrd).

                          ____________________




                          ENROLLED BILL SIGNED

  Under the authority of the order of the Senate of January 4, 2007, 
the President pro tempore, on December 23, 2007, during the recess of 
the Senate, announced that he had signed the following enrolled bill:

       H.R. 2764. An act making appropriations for the Department 
     of State, foreign operations, and related programs for the 
     fiscal year ending September 30, 2008, and for other 
     purposes.

  Under the authority of the order of the Senate of January 4, 2007, 
the Secretary of the Senate, on December 24, 2007, during the recess of 
the Senate, received a message from the House of Representatives 
announcing that the enrolled bill was subsequently signed by the 
Speaker pro tempore (Mr. Van Hollen).

                          ____________________




                          ENROLLED BILL SIGNED

  Under the authority of the order of the Senate of January 4, 2007, 
the Secretary of the Senate, on January 3, 2008, during the recess of 
the Senate, received a message from the House of Representatives 
announcing that the Speaker pro tempore (Mr. Van Hollen) has signed the 
following enrolled bill:

       H.R. 2640. An act to improve the National Instant Criminal 
     Background Check System, and for other purposes.

  Under the authority of the order of the Senate of January 4, 2007, 
the enrolled bill was signed on January 4, 2008, by the President pro 
tempore (Mr. Byrd).

                          ____________________




                         MESSAGE FROM THE HOUSE

   At 12:30 p.m., a message from the House of Representatives, 
delivered by Ms. Niland, one of its reading clerks, announced that the 
House has passed the following bills, in which it requests the 
concurrence of the Senate:

        H.R. 4986. An act to provide for the enactment of the 
     National Defense Authorization Act for Fiscal Year 2008, as 
     previously enrolled, with certain modifications to address 
     the foreign sovereign immunities provisions of title 28, 
     United States Code, with respect to the attachment of 
     property in certain judgements against Iraq, the lapse of 
     statutory authorities for the payment of bonuses, special 
     pays, and similar benefits for members of the uniformed 
     services, and for other purposes.
       H.R. 2768. An act to establish improved mandatory standards 
     to protect miners during emergencies, and for other purposes.
       H.R. 3524. An act to reauthorize the HOPE VI program for 
     revitalization of severely distressed public housing, and for 
     other purposes.

  The message also announced that the House agrees to the amendment of 
the Senate to the bill (H.R. 4253) to improve and expand small business 
assistance programs for veterans of the armed forces and military 
reservists, and for other purposes, with an amendment, in which it 
requests the concurrence of the Senate.
  The message further announced that the House has passed the following 
bill, in which it requests the concurrence of the Senate:

       H. Res. 914. Resolution that the Clerk of the House inform 
     the Senate that a quorum of the House is present and that the 
     House is ready to proceed with business.

  The message also announced that the House has agreed to the following 
concurrent resolution, in which it requests the concurrence of the 
Senate:

        H. Con. Res. 279. Concurrent resolution providing for a 
     conditional adjournment of the House of Representatives.

                          ____________________




                           MEASURES REFERRED

  The following bills were read the first and the second times by 
unanimous consent, and referred as indicated:

       H.R. 1216. An act to direct the Secretary of Transportation 
     to issue regulations to reduce the incidence of child injury 
     and death occurring inside or outside of light motor 
     vehicles, and for other purposes; to the Committee on 
     Commerce, Science, and Transportation.
       H.R. 1374. An act to amend the Florida National Forest Land 
     Management Act of 2003 to authorize the conveyance of an 
     additional tract of National Forest System land under that 
     Act, and for other purposes; to the Committee on Energy and 
     Natural Resources.
       H.R. 2517. An act to amend the Missing Children's 
     Assistance Act to authorize appropriations, and for other 
     purposes; to the Committee on the Judiciary.
       H.R. 2768. An act to establish improved mandatory standards 
     to protect miners during emergencies, and for other purposes; 
     to the Committee on Health, Education, Labor, and Pensions.
       H.R. 3179. An act to amend title 40, United States Code, to 
     authorize the use of Federal supply schedules for the 
     acquisition of law enforcement, security, and certain other 
     related items by State and local governments;

[[Page 539]]

     to the Committee on Homeland Security and Governmental 
     Affairs.
       H.R. 3524. An act to reauthorize the HOPE VI program for 
     revitalization of severely distressed public housing, and for 
     other purposes; to the Committee on Banking, Housing, and 
     Urban Affairs.
       H.R. 3866. An act to reauthorize certain programs under the 
     Small Business Act for each of fiscal years 2008 and 2009; to 
     the Committee on Small Business and Entrepreneurship.
       H.R. 3911. An act to designate the facility of the United 
     States Postal Service located at 95 Church Street in Jessup, 
     Pennsylvania, as the ``Lance Corporal Dennis James Veater 
     Post Office''; to the Committee on Homeland Security and 
     Governmental Affairs.
       H.R. 4210. An act to designate the facility of the United 
     States Postal Service located at 401 Washington Avenue in 
     Weldon, North Carolina'', as the ``Dock M. Brown Post Office 
     Building''; to the Committee on Homeland Security and 
     Governmental Affairs.
       H.R. 4220. An act to encourage the donation of excess food 
     to nonprofit organizations that provide assistance to food-
     insecure people in the United States in contracts entered 
     into by executive agencies for the provision, service, or 
     sale of food; to the Committee on Homeland Security and 
     Governmental Affairs.
       H.R. 4286. An act to award a congressional gold medal to 
     Daw Aung San Suu Kyi in recognition of her courageous and 
     unwavering commitment to peace, nonviolence, human rights, 
     and democracy in Burma; to the Committee on Banking, Housing, 
     and Urban Affairs.
       H.R. 4341. An act to extend the trade adjustment assistance 
     program under the Trade Act of 1974 for 3 months; to the 
     Committee on Finance.
       H.R. 4342. An act to designate the facility of the United 
     States Postal Service located at 824 Manatee Avenue West in 
     Bradenton, Florida, as the ``Dan Miller Post Office 
     Building''; to the Committee on Homeland Security and 
     Governmental Affairs.
       H.R. 4351. An act to amend the Internal Revenue Code of 
     1986 to provide individuals temporary relief from the 
     alternative minimum tax, and for other purposes; to the 
     Committee on Finance.
  The following concurrent resolution was read, and referred as 
indicated:
       H. Con. Res. 246. Concurrent resolution honoring the United 
     States Marine Corps for serving and defending the United 
     States on the anniversary of its founding on November 10, 
     1775; to the Committee on Armed Services.

                          ____________________




                    MEASURES PLACED ON THE CALENDAR

  The following bill was read the first and second times by unanimous 
consent, and placed on the calendar:

       H.R. 783. An act to modify the boundary of Mesa Verde 
     National Park, and for other purposes.

                          ____________________




                   EXECUTIVE AND OTHER COMMUNICATIONS

  The following communications were laid before the Senate, together 
with accompanying papers, reports, and documents, and were referred as 
indicated:

       EC-4532. A communication from the Administrator, 
     Agricultural Marketing Service, Department of Agriculture, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Oranges, Grapefruit, Tangerines, Tangelos Grown in Florida; 
     Decreased Assessment Rate'' (Docket No. AMS-FV-07-0088) 
     received on January 2, 2008; to the Committee on Agriculture, 
     Nutrition, and Forestry.
       EC-4533. A communication from the Administrator, 
     Agricultural Marketing Service, Department of Agriculture, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``National Organic Program--Amendments to the National List 
     of Allowed and Prohibited Substances (Crops and Livestock)'' 
     (RIN0581-AC61) received on January 2, 2008; to the Committee 
     on Agriculture, Nutrition, and Forestry.
       EC-4534. A communication from the Administrator, 
     Agricultural Marketing Service, Department of Agriculture, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Pistachios Grown in California; Changes in Handling 
     Requirements'' (Docket No. AMS-FV-07-0082) received on 
     January 2, 2008; to the Committee on Agriculture, Nutrition, 
     and Forestry.
       EC-4535. A communication from the Administrator, 
     Agricultural Marketing Service, Department of Agriculture, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``National Organic Program--Amendments to the National List 
     of Allowed and Prohibited Substances (Livestock)'' (RIN0581-
     AC62) received on January 2, 2008; to the Committee on 
     Agriculture, Nutrition, and Forestry.
       EC-4536. A communication from the Administrator, 
     Agricultural Marketing Service, Department of Agriculture, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Marketing Order Regulating the Handling of Spearmint Oil 
     Produced in the Far West; Revision of the Salable Quantity 
     and Allotment Percentage for Class 3 Spearmint Oil for the 
     2007-2008 Marketing Year'' (Docket No. AMS-FV-07-0134) 
     received on January 2, 2008; to the Committee on Agriculture, 
     Nutrition, and Forestry.
       EC-4537. A communication from the Congressional Review 
     Coordinator, Animal and Plant Health Inspection Service, 
     Department of Agriculture, transmitting, pursuant to law, the 
     report of a rule entitled ``Veterinary Diagnostic Services 
     User Fees'' (Docket No. APHIS-2006-0161) received on January 
     2, 2008; to the Committee on Agriculture, Nutrition, and 
     Forestry.
       EC-4538. A communication from the Secretary of Health and 
     Human Services, transmitting, pursuant to law, a report 
     relative to violations of the Antideficiency Act in the 
     Health and Resource Services Administration's National Health 
     Service Corps Scholarship and Loan Repayment Programs; to the 
     Committee on Appropriations.
       EC-4539. A communication from the Assistant Secretary of 
     the Navy (Installations and Environment), transmitting, 
     pursuant to law, a report relative to the Department's 
     decision to cancel a public-private competition for the Naval 
     Supply Systems Command's ocean terminal operations and 
     maintenance services; to the Committee on Armed Services.
       EC-4540. A communication from the Principal Deputy, Office 
     of the Under Secretary of Defense (Personnel and Readiness), 
     transmitting, the report of (23) officers authorized to wear 
     the insignia of the grade of brigadier general in accordance 
     with title 10, United States Code, section 777; to the 
     Committee on Armed Services.
       EC-4541. A communication from the Director, Defense 
     Procurement and Acquisition Policy, Department of Defense, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Lead System Integrators'' (DFARS Case 2006-D051) received 
     on January 3, 2008; to the Committee on Armed Services.
       EC-4542. A communication from the Principal Deputy Under 
     Secretary of Defense, transmitting, pursuant to law, the 
     Department's annual report relative to the Regional Defense 
     Combating Terrorism Fellowship Program for fiscal year 2007; 
     to the Committee on Armed Services.
       EC-4543. A communication from the Secretary of the Federal 
     Trade Commission, transmitting, pursuant to law, the report 
     of a rule entitled ``Annual Adjustment of Ceiling on 
     Allowable Charge for Certain Disclosures Under the Fair 
     Credit Reporting Act Section 612(f)'' (FR Doc. E7-24672) 
     received on January 3, 2008; to the Committee on Banking, 
     Housing, and Urban Affairs.
       EC-4544. A communication from the Secretary of the 
     Securities and Exchange Commission, transmitting, pursuant to 
     law, the report of a rule entitled ``Acceptance from Foreign 
     Private Issuers of Financial Statements Prepared in 
     Accordance with International Financial Reporting Standards 
     without Reconciliation to U.S. GAAP'' (RIN3235-AJ90) received 
     on January 2, 2008; to the Committee on Banking, Housing, and 
     Urban Affairs.
       EC-4545. A communication from the Chairman and President, 
     Export-Import Bank of the United States, transmitting, 
     pursuant to law, a report relative to a transaction involving 
     the export of railway equipment to China; to the Committee on 
     Banking, Housing, and Urban Affairs.
       EC-4546. A communication from the Chairman and President, 
     Export-Import Bank of the United States, transmitting, 
     pursuant to law, a report relative to a transaction involving 
     the export of materials needed to construct a natural gas 
     plant in Peru; to the Committee on Banking, Housing, and 
     Urban Affairs.
       EC-4547. A communication from the Secretary, Securities and 
     Exchange Commission, transmitting, pursuant to law, the 
     report of a rule entitled ``Revisions to the Eligibility 
     Requirements for Primary Securities Offerings on Forms S-3 
     and F-3'' (RIN3235-AJ89) received on December 19, 2007; to 
     the Committee on Banking, Housing, and Urban Affairs.
       EC-4548. A communication from the Secretary, Securities and 
     Exchange Commission, transmitting, pursuant to law, the 
     report of a rule entitled ``Smaller Reporting Company 
     Regulatory Relief and Simplification'' (RIN3235-AJ86) 
     received on December 19, 2007; to the Committee on Banking, 
     Housing, and Urban Affairs.
       EC-4549. A communication from the Regulatory Specialist, 
     Legislative and Regulatory Activities Division, Department of 
     the Treasury, transmitting, pursuant to law, the report of a 
     rule entitled ``Community Reinvestment Act Regulations'' 
     (RIN1557-AD05) received on January 3, 2008; to the Committee 
     on Banking, Housing, and Urban Affairs.
       EC-4550. A communication from the Counsel for Legislation 
     and Regulations, Office of Community Planning and 
     Development, Department of Housing and Urban Development, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Empowerment Zones: Performance Standards for Utilization of 
     Grant Funds'' (RIN2506-AC16) received on January 3, 2008; to 
     the Committee on Banking, Housing, and Urban Affairs.
       EC-4551. A communication from the Chief Financial Officer, 
     Department of Housing

[[Page 540]]

     and Urban Development, transmitting, pursuant to law, a 
     report relative to the Department's competitive sourcing 
     efforts during fiscal year 2007; to the Committee on Banking, 
     Housing, and Urban Affairs.
       EC-4552. A communication from the Chairman, Federal Housing 
     Finance Board, transmitting, pursuant to law, the Board's 
     Annual Performance Budget for fiscal year 2008; to the 
     Committee on Banking, Housing, and Urban Affairs.
       EC-4553. A communication from the Federal Register 
     Certifying Officer, Financial Management Service, Department 
     of the Treasury, transmitting, pursuant to law, the report of 
     a rule entitled ``Federal Government Participation in the 
     Automated Clearing House'' (RIN1510-AB00) received on January 
     3, 2008; to the Committee on Banking, Housing, and Urban 
     Affairs.
       EC-4554. A communication from the Assistant to the Board of 
     Governors of the Federal Reserve System, transmitting, 
     pursuant to law, the report of a rule entitled ``Community 
     Reinvestment Act'' (Docket No. R-1302) received on December 
     21, 2007; to the Committee on Banking, Housing, and Urban 
     Affairs.
       EC-4555. A communication from the Assistant to the Board of 
     Governors of the Federal Reserve System, transmitting, 
     pursuant to law, the report of a rule entitled ``Home 
     Mortgage Disclosure Act'' (Docket No. R-1303) received on 
     December 21, 2007; to the Committee on Banking, Housing, and 
     Urban Affairs.
       EC-4556. A communication from the Chairman, Securities and 
     Exchange Commission, transmitting, pursuant to law, a report 
     relative to competitions initiated or completed by the 
     Commission during fiscal year 2007; to the Committee on 
     Commerce, Science, and Transportation.
       EC-4557. A communication from the Deputy Assistant 
     Administrator for Regulatory Programs, National Marine 
     Fisheries Service, Department of Commerce, transmitting, 
     pursuant to law, the report of a rule entitled ``Fisheries of 
     the Northeastern United States; Regulatory Amendment to 
     Modify Recordkeeping and Reporting and Observer Requirements; 
     Emergency Secretarial Action; Correction'' (RIN0648-AW20) 
     received on December 21, 2007; to the Committee on Commerce, 
     Science, and Transportation.
       EC-4558. A communication from the Deputy Assistant 
     Administrator for Regulatory Programs, National Marine 
     Fisheries Service, Department of Commerce, transmitting, 
     pursuant to law, the report of a rule entitled ``Correcting 
     Amendment to 50 CFR 300 Pacific Halibut Fisheries'' (RIN0648-
     AW14) received on December 21, 2007; to the Committee on 
     Commerce, Science, and Transportation.
       EC-4559. A communication from the Attorney, U.S. Coast 
     Guard, Department of Homeland Security, transmitting, 
     pursuant to law, the report of a rule entitled ``Vessel 
     Documentation; Recording of Instruments'' ((RIN1625-
     AB18)(Docket No. USCG-2007-28098)) received on January 3, 
     2008; to the Committee on Commerce, Science, and 
     Transportation.
       EC-4560. A communication from the Attorney Advisor, U.S. 
     Coast Guard, Department of Homeland Security, transmitting, 
     pursuant to law, the report of a rule entitled ``Rates for 
     Pilotage on the Great Lakes'' ((RIN1625-AB05)(USCG 2006-
     24414)) received on January 3, 2008; to the Committee on 
     Commerce, Science, and Transportation.
       EC-4561. A communication from the Chief of Regulations and 
     Administrative Law, U.S. Coast Guard, Department of Homeland 
     Security, transmitting, pursuant to law, the report of a rule 
     entitled ``Safety Zone: Lower Cowlitz River Dredging 
     Operation; Longview, Washington'' (RIN1624-AA00) received on 
     January 3, 2008; to the Committee on Commerce, Science, and 
     Transportation.
       EC-4562. A communication from the Chief of Regulations and 
     Administrative Law, U.S. Coast Guard, Department of Homeland 
     Security, transmitting, pursuant to law, the report of a rule 
     entitled ``Drawbridge Operation Regulations (including 4 
     regulations beginning with CGD01-07-161)'' (RIN1624-AA09) 
     received on January 3, 2008; to the Committee on Commerce, 
     Science, and Transportation.
       EC-4563. A communication from the Chief of Regulations and 
     Administrative Law, U.S. Coast Guard, Department of Homeland 
     Security, transmitting, pursuant to law, the report of a rule 
     entitled ``Drawbridge Operation Regulations; Gulf 
     Intracoastal Waterway (Algiers Alternate Route), Belle 
     Chasse, LA'' ((RIN1625-AA09)(CGD08-07-042)) received on 
     January 3, 2008; to the Committee on Commerce, Science, and 
     Transportation.
       EC-4564. A communication from the Chief of Regulations and 
     Administrative Law, U.S. Coast Guard, Department of Homeland 
     Security, transmitting, pursuant to law, the report of a rule 
     entitled ``Regulated Navigation Area; Buzzards Bay, 
     Massachusetts; Navigable Waterways within the First Coast 
     Guard District'' ((RIN1625-AB17)(CGD01-04-133)) received on 
     January 3, 2008; to the Committee on Commerce, Science, and 
     Transportation.
       EC-4565. A communication from the Chief of Regulations and 
     Administrative Law, U.S. Coast Guard, Department of Homeland 
     Security, transmitting, pursuant to law, the report of a rule 
     entitled ``Drawbridge Operation Regulations Zone (including 3 
     regulations beginning with CGD01-07-136)'' (RIN1625-AA09) 
     received on January 3, 2008; to the Committee on Commerce, 
     Science, and Transportation.
       EC-4566. A communication from the Chief of Regulations and 
     Administrative Law, U.S. Coast Guard, Department of Homeland 
     Security, transmitting, pursuant to law, the report of a rule 
     entitled ``Drawbridge Operation Regulations; Quinnipiac 
     River, New Haven, CT'' ((RIN1625-AA09)(CGD01-07-091)) 
     received on January 3, 2008; to the Committee on Commerce, 
     Science, and Transportation.
       EC-4567. A communication from the Chief of Regulations and 
     Administrative Law, U.S. Coast Guard, Department of Homeland 
     Security, transmitting, pursuant to law, the report of a rule 
     entitled ``Transportation Worker Identification Credential 
     Implementation in the Maritime Sector; Hazardous Materials 
     Endorsement for a Commercial Driver's License'' ((RIN1652-
     AA41)(USCG-2006-24196)) received on January 3, 2008; to the 
     Committee on Commerce, Science, and Transportation.
       EC-4568. A communication from the Chief of Regulations and 
     Administrative Law, U.S. Coast Guard, Department of Homeland 
     Security, transmitting, pursuant to law, the report of a rule 
     entitled ``Anchorage Regulations: Edgecomb, Maine, Sheepscot 
     River'' ((RIN1625-AA01)(CGD01-07-011)) received on January 3, 
     2008; to the Committee on Commerce, Science, and 
     Transportation.
       EC-4569. A communication from the Chief of Regulations and 
     Administrative Law, U.S. Coast Guard, Department of Homeland 
     Security, transmitting, pursuant to law, the report of a rule 
     entitled ``Security Zone: Kahului Harbor, Maui, HI'' 
     ((RIN1625-AA87)(USCG-2007-0093)) received on January 3, 2008; 
     to the Committee on Commerce, Science, and Transportation.
       EC-4570. A communication from the Chief of Regulations and 
     Administrative Law, U.S. Coast Guard, Department of Homeland 
     Security, transmitting, pursuant to law, the report of a rule 
     entitled ``Security Zone: Tinian, Commonwealth of the 
     Northern Mariana Islands'' ((RIN1625-AA87)(COTP Guam 07-005)) 
     received on January 3, 2008; to the Committee on Commerce, 
     Science, and Transportation.
       EC-4571. A communication from the Chief of Regulations and 
     Administrative Law, U.S. Coast Guard, Department of Homeland 
     Security, transmitting, pursuant to law, the report of a rule 
     entitled ``Regattas and Marine Parades; Great Annual Marine 
     Events'' ((RIN1625-AA08)(USCG-2007-27373)) received on 
     January 3, 2008; to the Committee on Commerce, Science, and 
     Transportation.
       EC-4572. A communication from the Chief of Regulations and 
     Administrative Law, U.S. Coast Guard, Department of Homeland 
     Security, transmitting, pursuant to law, the report of a rule 
     entitled ``Safety Zones (including 3 regulations beginning 
     with COTP San Francisco Bay 07-051)'' (RIN1625-AA00) received 
     on January 3, 2008; to the Committee on Commerce, Science, 
     and Transportation.
       EC-4573. A communication from the Deputy Assistant 
     Administrator for Regulatory Programs, National Marine 
     Fisheries Service, Department of Commerce, transmitting, 
     pursuant to law, the report of a rule entitled ``Correcting 
     Amendment to 50 CFR 300.65 Pacific Halibut Fisheries; 
     Subsistence Fishing'' (RIN0648-AW04) received on January 3, 
     2008; to the Committee on Commerce, Science, and 
     Transportation.
       EC-4574. A communication from the Chief of Staff, Media 
     Bureau, Federal Communications Commission, transmitting, 
     pursuant to law, the report of a rule entitled ``Exclusive 
     Service Contracts for Provision of Video Services in Multiple 
     Dwelling United and Other Real Estate Developments'' ((FCC 
     07-189)(MB Docket 07-51)) received on January 2, 2008; to the 
     Committee on Commerce, Science, and Transportation.
       EC-4575. A communication from the Deputy General Counsel, 
     Federal Energy Regulatory Commission, transmitting, pursuant 
     to law, the report of a rule entitled ``Transparency 
     Provisions under Section 23 of the Natural Gas Act'' 
     (RIN1902-AD32) received on January 2, 2008; to the Committee 
     on Energy and Natural Resources.
       EC-4576. A communication from the Deputy Assistant 
     Secretary, Human Capital, Performance, and Partnerships, 
     Department of the Interior, transmitting, pursuant to law, a 
     report relative to the competitions conducted by the 
     Department of Interior in fiscal year 2007; to the Committee 
     on Energy and Natural Resources.
       EC-4577. A communication from the Attorney, Office of 
     Assistant General Counsel for Legislation and Regulatory Law, 
     Department of Energy, transmitting, pursuant to law, the 
     report of a rule entitled ``Energy Conservation Standards for 
     New Federal Commercial and Multi-Family High-Rise Residential 
     Buildings and New Federal Low-Rise Residential Buildings'' 
     (RIN1904-AB13) received on January 3, 2008; to the Committee 
     on Energy and Natural Resources.
       EC-4578. A communication from the Assistant Secretary of 
     the Army (Civil Works), transmitting, pursuant to law, a 
     report relative to the progress of the Louisiana Coastal 
     Protection and Restoration study; to the

[[Page 541]]

     Committee on Environment and Public Works.
       EC-4579. A communication from the Assistant Secretary of 
     the Army (Civil Works), transmitting, pursuant to law, a 
     report relative to the progress of the Comprehensive Plan 
     report on the Mississippi Coastal Improvements Program; to 
     the Committee on Environment and Public Works.
       EC-4580. A communication from the Inspector General, 
     Nuclear Regulatory Commission, transmitting, pursuant to law, 
     a report relative to the commercial and inherently 
     governmental activities for fiscal year 2007; to the 
     Committee on Environment and Public Works.
       EC-4581. A communication from the Acting Assistant 
     Secretary for Fish, Wildlife and Parks, Fish and Wildlife 
     Service, Department of the Interior, transmitting, pursuant 
     to law, the report of a rule entitled ``Endangered and 
     Threatened Wildlife and Plants; Designation of Critical 
     Habitat for Arenaria ursina, Castilleja cinerea, and 
     Eriogonum kennedyi var. austromontanum'' (RIN1018-AU80) 
     received on December 20, 2007; to the Committee on 
     Environment and Public Works.
       EC-4582. A communication from the Acting Assistant 
     Secretary for Fish, Wildlife and Parks, Fish and Wildlife 
     Service, Department of the Interior, transmitting, pursuant 
     to law, the report of a rule entitled ``Endangered and 
     Threatened Wildlife and Plants; Designation of Critical 
     Habitat for the Coastal California Gnatcatcher'' (RIN1018-
     AV38) received on December 20, 2007; to the Committee on 
     Environment and Public Works.
       EC-4583. A communication from the Acting Assistant 
     Secretary for Fish, Wildlife and Parks, Fish and Wildlife 
     Service, Department of the Interior, transmitting, pursuant 
     to law, the report of a rule entitled ``Endangered and 
     Threatened Wildlife and Plants; Designation of Critical 
     Habitat for the San Diego Fairy Shrimp'' (RIN1018-AI71) 
     received on December 20, 2007; to the Committee on 
     Environment and Public Works.
       EC-4584. A communication from the Acting Chair, Federal 
     Subsistence Board, Department of the Interior, transmitting, 
     pursuant to law, the report of a rule entitled ``Subsistence 
     Management Regulations for Public Lands in Alaska, Subpart C 
     and Subpart D--2007-2008 Subsistence Taking of Wildlife 
     Regulations; 2007-2008 Subsistence Taking of Fish on the 
     Kenai Peninsula Regulations'' (RIN1018-AU15) received on 
     December 20, 2007; to the Committee on Environment and Public 
     Works.
       EC-4585. A communication from the Principal Deputy 
     Associate Administrator, Office of Policy, Economics and 
     Innovation, Environmental Protection Agency, transmitting, 
     pursuant to law, the report of a rule entitled ``Michigan: 
     Final Authorization of State Hazardous Waste Management 
     Program Revision'' (FRL No. 8514-1) received on January 3, 
     2008; to the Committee on Environment and Public Works.
       EC-4586. A communication from the Principal Deputy 
     Associate Administrator, Office of Policy, Economics and 
     Innovation, Environmental Protection Agency, transmitting, 
     pursuant to law, the report of a rule entitled ``Approval and 
     Promulgation of Air Quality Implementation Plans; West 
     Virginia; Section 110(a)(1) 8-Hour Ozone Maintenance Plan and 
     Amendments to the 1-Hour Ozone Maintenance Plan'' (FRL No. 
     8513-8) received on January 3, 2008; to the Committee on 
     Environment and Public Works.
       EC-4587. A communication from the Principal Deputy 
     Associate Administrator, Office of Policy, Economics and 
     Innovation, Environmental Protection Agency, transmitting, 
     pursuant to law, the report of a rule entitled 
     ``Difenoconazole; Pesticide Tolerance'' (FRL No. 8343-5) 
     received on January 3, 2008; to the Committee on Environment 
     and Public Works.
       EC-4588. A communication from the Commissioner, Social 
     Security Administration, transmitting, pursuant to law, a 
     report relative to the Administration's competitive sourcing 
     efforts during fiscal year 2007; to the Committee on Finance.
       EC-4589. A communication from the Program Manager, Centers 
     for Medicare and Medicaid Services, Department of Health and 
     Human Services, transmitting, pursuant to law, the report of 
     a rule entitled ``Revisit User Fee Program for Medicare 
     Survey and Certification Activities'' (RIN0938-AP22) received 
     on January 2, 2008; to the Committee on Finance.
       EC-4590. A communication from the Program Manager, Centers 
     for Medicare and Medicaid Services, Department of Health and 
     Human Services, transmitting, pursuant to law, the report of 
     a rule entitled ``Medicare Program; Elimination of 
     Reimbursement under Medicaid for School Administration 
     Expenditures and Costs Related to Transportation of School-
     Age Children between Home and School'' (RIN0938-AP13) 
     received on January 2, 2008; to the Committee on Finance.
       EC-4591. A communication from the Chief of the Publications 
     and Regulations Branch, Internal Revenue Service, Department 
     of the Treasury, transmitting, pursuant to law, the report of 
     a rule entitled ``Section 6615 of SWOTA on 10-year 
     Amortization for Funding Modifying Section 402 of PPA'06'' 
     (Announcement 2008-2) received on January 2, 2008; to the 
     Committee on Finance.
       EC-4592. A communication from the Chief of the Publications 
     and Regulations Branch, Internal Revenue Service, Department 
     of the Treasury, transmitting, pursuant to law, the report of 
     a rule entitled ``Applicable Federal Rates--January 2008'' 
     (Rev. Rul. 2008-4) received on January 2, 2008; to the 
     Committee on Finance.
       EC-4593. A communication from the Chief of the Publications 
     and Regulations Branch, Internal Revenue Service, Department 
     of the Treasury, transmitting, pursuant to law, the report of 
     a rule entitled ``Diversification of Investments in Certain 
     Defined Contribution Plans--Extension of Notice 2006-107'' 
     (Notice 2008-7) received on January 2, 2008; to the Committee 
     on Finance.
       EC-4594. A communication from the Chief of the Publications 
     and Regulations Branch, Internal Revenue Service, Department 
     of the Treasury, transmitting, pursuant to law, the report of 
     a rule entitled ``CPI Adjustment for Section 1274A for 2008'' 
     (Rev. Rul. 2008-3) received on January 2, 2008; to the 
     Committee on Finance.
       EC-4595. A communication from the Chief of the Publications 
     and Regulations Branch, Internal Revenue Service, Department 
     of the Treasury, transmitting, pursuant to law, the report of 
     a rule entitled ``Active Conduct of a Trade or Business'' 
     (Notice 2008-9) received on January 2, 2008; to the Committee 
     on Finance.
       EC-4596. A communication from the Chief of the Publications 
     and Regulations Branch, Internal Revenue Service, Department 
     of the Treasury, transmitting, pursuant to law, the report of 
     a rule entitled ``Disclosure of Return Information to the 
     Bureau of the Census'' ((RIN1545-BE08)(TD 9372)) received on 
     January 2, 2008; to the Committee on Finance.
       EC-4597. A communication from the Chief of the Publications 
     and Regulations Branch, Internal Revenue Service, Department 
     of the Treasury, transmitting, pursuant to law, the report of 
     a rule entitled ``Reduction of Foreign Tax Credit Limitation 
     Categories under Section 904(d)'' ((RIN1545-BG55)(TD 9368)) 
     received on January 2, 2008; to the Committee on Finance.
       EC-4598. A communication from the Chief of the Publications 
     and Regulations Branch, Internal Revenue Service, Department 
     of the Treasury, transmitting, pursuant to law, the report of 
     a rule entitled ``Treatment of Overall Foreign and Domestic 
     Losses'' ((RIN1545-BH13)(TD 9371)) received on January 2, 
     2008; to the Committee on Finance.
       EC-4599. A communication from the Chief of the Publications 
     and Regulations Branch, Internal Revenue Service, Department 
     of the Treasury, transmitting, pursuant to law, the report of 
     a rule entitled ``User Fees Relating to Enrollment to Perform 
     Actuarial Services'' ((RIN1545-BG88)(TD 9370)) received on 
     January 2, 2008; to the Committee on Finance.
       EC-4600. A communication from the Chief of the Publications 
     and Regulations Branch, Internal Revenue Service, Department 
     of the Treasury, transmitting, pursuant to law, the report of 
     a rule entitled ``Application of Wash Sale Rule when Stock is 
     Repurchased in an IRA'' (Rev. Rul. 2008-5) received on 
     January 2, 2008; to the Committee on Finance.
       EC-4601. A communication from the Chief of the Publications 
     and Regulations Branch, Internal Revenue Service, Department 
     of the Treasury, transmitting, pursuant to law, the report of 
     a rule entitled ``Information Reporting Requirements under 
     Internal Revenue Code Section 6039'' (Notice 2008-8) received 
     on January 2, 2008; to the Committee on Finance.
       EC-4602. A communication from the Chief of the Publications 
     and Regulations Branch, Internal Revenue Service, Department 
     of the Treasury, transmitting, pursuant to law, the report of 
     a rule entitled ``Disclosure of Return Information to the 
     Bureau of the Census'' ((RIN1545-BH30)(TD 9373)) received on 
     January 2, 2008; to the Committee on Finance.
       EC-4603. A communication from the Chief of the Publications 
     and Regulations Branch, Internal Revenue Service, Department 
     of the Treasury, transmitting, pursuant to law, the report of 
     a rule entitled ``Calculating and Apportioning Section 
     11(b)(1) Additional Tax under Section 1561 for Controlled 
     Groups'' ((RIN1545-BG40)(TD 9369)) received on January 2, 
     2008; to the Committee on Finance.
       EC-4604. A communication from the Assistant Secretary, 
     Office of Legislative Affairs, Department of State, 
     transmitting, pursuant to law, a report relative to actions 
     taken to extend certain conditions of an agreement with the 
     Republic of Mali; to the Committee on Finance.
       EC-4605. A communication from the Director, Alcohol and 
     Tobacco Tax and Trade Bureau, Department of the Treasury, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Small Domestic Producer Wine Tax Credit--Implementation of 
     Public Law 104-108, Section 1702, Amendments Related to the 
     Revenue Reconciliation Act of 1990'' (RIN1515-AA05) received 
     on December 19, 2007; to the Committee on Finance.
       EC-4606. A communication from the Chief of the Publications 
     and Regulations Branch, Internal Revenue Service, Department 
     of the Treasury, transmitting, pursuant to law, the report of 
     a rule entitled ``Regulations Under

[[Page 542]]

     Section 367(a) Applicable to Certain Outbound Reorganizations 
     and Section 351 Exchanges'' (Notice 2008-10) received on 
     January 3, 2008; to the Committee on Finance.

                          ____________________




                REPORTS OF COMMITTEES DURING ADJOURNMENT

  Under the authority of the order of the Senate of December 19, 2007, 
the following reports of committees were submitted on January 8, 2008:

       By Mr. BAUCUS, from the Committee on Finance, without 
     amendment:
       S. 2532. An original bill to amend titles XVIII, XIX, and 
     XXI of the Social Security Act to improve health care 
     provided to Indians under the Medicare, Medicaid, and State 
     Children's Health Insurance Programs, and for other purposes 
     (Rept. No. 110-255).
       By Mr. LIEBERMAN, from the Committee on Homeland Security 
     and Governmental Affairs, without amendment:
       S. 550. A bill to preserve existing judgeships on the 
     Superior Court of the District of Columbia (Rept. No. 110-
     256).
       By Mr. INOUYE, from the Committee on Commerce, Science, and 
     Transportation, with amendments:
       S. 1650. A bill to establish a digital and wireless network 
     technology program, and for other purposes (Rept. No. 110-
     257).

                          ____________________




                         REPORTS OF COMMITTEES

  The following reports of committees were submitted:

       By Mr. LEAHY, from the Committee on the Judiciary:
       Report to accompany S. 2248, An original bill to amend the 
     Foreign Intelligence Surveillance Act of 1978, to modernize 
     and streamline the provisions of that Act, and for other 
     purposes (Rept. No. 110-258).
       By Mrs. BOXER, from the Committee on Environment and Public 
     Works, without amendment:
       H.R. 735. A bill to designate the Federal building under 
     construction at 799 First Avenue in New York, New York, as 
     the ``Ronald H. Brown United States Mission to the United 
     Nations Building''.
       S. 862. A bill to designate the Federal building located at 
     210 Walnut Street in Des Moines, Iowa, as the ``Neal Smith 
     Federal Building''.
       S. 1189. A bill to designate the Federal building and 
     United States Courthouse located at 100 East 8th Avenue in 
     Pine Bluff, Arkansas, as the ``George Howard, Jr. Federal 
     Building and United States Courthouse''.

                          ____________________




     INTRODUCTION OF BILLS AND JOINT RESOLUTIONS DURING ADJOURNMENT

           By Mr. BAUCUS:
       S. 2532. An original bill to amend titles XVIII, XIX, and 
     XXI of the Social Security Act to improve health care 
     provided to Indians under the Medicare, Medicaid, and State 
     Children's Health Insurance Programs, and for other purposes; 
     from the Committee on Finance; placed on the calendar.

                          ____________________




              INTRODUCTION OF BILLS AND JOINT RESOLUTIONS

  The following bills and joint resolutions were introduced, read the 
first and second times by unanimous consent, and referred as indicated:

           By Mr. KENNEDY (for himself, Mr. Specter, and Mr. 
             Leahy):
       S. 2533. A bill to enact a safe, fair, and responsible 
     state secrets privilege Act; to the Committee on the 
     Judiciary.
           By Mr. BAYH:
       S. 2534. A bill to designate the facility of the United 
     States Postal Service located at 2650 Dr. Martin Luther King 
     Jr. Street, Indianapolis, Indiana, as the ``Julia M. Carson 
     Post Office Building''; to the Committee on Homeland Security 
     and Governmental Affairs.
           By Mr. REID (for Mrs. Clinton):
       S. 2535. A bill to revise the boundary of the Martin Van 
     Buren National Historic Site, and for other purposes; to the 
     Committee on Energy and Natural Resources.
           By Mrs. HUTCHISON:
       S. 2536. A bill to amend title 38, United States Code, to 
     prohibit the Secretary of Veterans Affairs from collecting 
     certain debts to the United States in the case of veterans 
     who die as a result of a service-connected disability 
     incurred or aggravated on active duty in a combat zone, and 
     for other purposes; to the Committee on Veterans' Affairs .
           By Mr. VITTER:
       S. 2537. A bill to suspend temporarily the duty on 
     cyclopentanone; to the Committee on Finance.
           By Mr. VITTER:
       S. 2538. A bill to suspend temporarily the duty on 
     glyoxylic acid; to the Committee on Finance.
           By Mr. SPECTER:
       S. 2539. A bill to amend the Internal Revenue Code of 1986 
     to provide a special depreciation allowance for certain 
     property placed in service during 2008 and 2009; to the 
     Committee on Finance.
           By Mr. SPECTER:
       S. 2540. A bill to amend the Internal Revenue Code to 
     provide expensing for certain property placed in service 
     during 2008 and 2009; to the Committee on Finance.
           By Mr. REID:
       S. 2541. A bill to extend the provisions of the Protect 
     America Act of 2007 for an additional 30 days; to the 
     Committee on the Judiciary.
           By Mrs. FEINSTEIN:
       S. 2542. A bill to amend the Truth in Lending Act to 
     provide for enhanced disclosure under an open end credit 
     plan; to the Committee on Banking, Housing, and Urban 
     Affairs.
           By Mr. ENSIGN (for himself, Mr. Alexander, Mr. 
             Brownback, Mr. Bunning, Mr. Coburn, Mr. Coleman, Mr. 
             Cornyn, Mrs. Dole, Mr. Graham, Mr. Grassley, Mr. 
             Hagel, Mrs. Hutchison, Mr. Inhofe, Mr. Kyl, Mr. 
             McCain, Mr. McConnell, Mr. Roberts, Mr. Sessions, Mr. 
             Shelby, Mr. Thune, Mr. Voinovich, Mr. Hatch, and Mr. 
             Nelson of Nebraska):
       S. 2543. A bill to amend title 18, United States Code, to 
     prohibit taking minors across State lines in circumvention of 
     laws requiring the involvement of parents in abortion 
     decisions; to the Committee on the Judiciary.
           By Mr. KENNEDY (for himself, Mr. Dodd, Mr. Bingaman, 
             Mr. Harkin, Mr. Reed, Mrs. Clinton, Mr. Obama, and 
             Mr. Brown):
       S. 2544. A bill to provide for a program of temporary 
     extended unemployment compensation; to the Committee on 
     Finance.

                          ____________________




            SUBMISSION OF CONCURRENT AND SENATE RESOLUTIONS

  The following concurrent resolutions and Senate resolutions were 
read, and referred (or acted upon), as indicated:

           By Mr. STEVENS (for himself, Mr. Byrd, and Mr. 
             Coleman):
       S. Res. 419. A resolution honoring the life and 
     extraordinary contributions of Diane Wolf; considered and 
     agreed to.
           By Mr. REID (for himself, Mr. McConnell, Mr. Akaka, Mr. 
             Alexander, Mr. Allard, Mr. Barrasso, Mr. Baucus, Mr. 
             Bayh, Mr. Bennett, Mr. Biden, Mr. Bingaman, Mr. Bond, 
             Mrs. Boxer, Mr. Brown, Mr. Brownback, Mr. Bunning, 
             Mr. Burr, Mr. Byrd, Ms. Cantwell, Mr. Cardin, Mr. 
             Carper, Mr. Casey, Mr. Chambliss, Mrs. Clinton, Mr. 
             Coburn, Mr. Cochran, Mr. Coleman, Ms. Collins, Mr. 
             Conrad, Mr. Corker, Mr. Cornyn, Mr. Craig, Mr. Crapo, 
             Mr. DeMint, Mr. Dodd, Mrs. Dole, Mr. Domenici, Mr. 
             Dorgan, Mr. Durbin, Mr. Ensign, Mr. Enzi, Mr. 
             Feingold, Mrs. Feinstein, Mr. Graham, Mr. Grassley, 
             Mr. Gregg, Mr. Hagel, Mr. Harkin, Mr. Hatch, Mrs. 
             Hutchison, Mr. Inhofe, Mr. Inouye, Mr. Isakson, Mr. 
             Johnson, Mr. Kennedy, Mr. Kerry, Ms. Klobuchar, Mr. 
             Kohl, Mr. Kyl, Ms. Landrieu, Mr. Lautenberg, Mr. 
             Leahy, Mr. Levin, Mr. Lieberman, Mrs. Lincoln, Mr. 
             Lugar, Mr. Martinez, Mr. McCain, Mrs. McCaskill, Mr. 
             Menendez, Ms. Mikulski, Ms. Murkowski, Mrs. Murray, 
             Mr. Nelson of Florida, Mr. Nelson of Nebraska, Mr. 
             Obama, Mr. Pryor, Mr. Reed, Mr. Roberts, Mr. 
             Rockefeller, Mr. Salazar, Mr. Sanders, Mr. Schumer, 
             Mr. Sessions, Mr. Shelby, Mr. Smith, Ms. Snowe, Mr. 
             Specter, Ms. Stabenow, Mr. Stevens, Mr. Sununu, Mr. 
             Tester, Mr. Thune, Mr. Vitter, Mr. Voinovich, Mr. 
             Warner, Mr. Webb, Mr. Whitehouse, Mr. Wicker, and Mr. 
             Wyden):
       S. Res. 420. A resolution commending Martin P. Paone; 
     considered and agreed to.

                          ____________________




                         ADDITIONAL COSPONSORS


                                 S. 14

  At the request of Mr. Kyl, the name of the Senator from Pennsylvania 
(Mr. Specter) was added as a cosponsor of S. 14, a bill to repeal the 
sunset on certain tax rates and other incentives and to repeal the 
individual alternative minimum tax, and for other purposes.


                                 S. 22

  At the request of Mr. Webb, the name of the Senator from Arkansas 
(Mr. Pryor) was added as a cosponsor of S. 22, a bill to amend title 
38, United States Code, to establish a program of educational 
assistance for members of the Armed Forces who serve in the Armed 
Forces after September 11, 2001, and for other purposes.


                                 S. 170

  At the request of Mr. Ensign, the name of the Senator from Texas 
(Mrs. Hutchison) was added as a cosponsor of S. 170, a bill to amend 
the Internal

[[Page 543]]

Revenue Code of 1986 to repeal the excise tax on telephone and other 
communications services.


                                 S. 218

  At the request of Ms. Snowe, the name of the Senator from Arkansas 
(Mr. Pryor) was added as a cosponsor of S. 218, a bill to amend the 
Internal Revenue Code of 1986 to modify the income threshold used to 
calculate the refundable portion of the child tax credit.


                                 S. 367

  At the request of Mr. Dorgan, the names of the Senator from New York 
(Mr. Schumer), the Senator from California (Mrs. Boxer) and the Senator 
from New Jersey (Mr. Lautenberg) were added as cosponsors of S. 367, a 
bill to amend the Tariff Act of 1930 to prohibit the import, export, 
and sale of goods made with sweatshop labor, and for other purposes.


                                 S. 400

  At the request of Mr. Sununu, the names of the Senator from New 
Mexico (Mr. Bingaman), the Senator from Arizona (Mr. McCain) and the 
Senator from Washington (Mrs. Murray) were added as cosponsors of S. 
400, a bill to amend the Employee Retirement Income Security Act of 
1974 and the Internal Revenue Code of 1986 to ensure that dependent 
students who take a medically necessary leave of absence do not lose 
health insurance coverage, and for other purposes.


                                 S. 502

  At the request of Mr. Crapo, the name of the Senator from 
Pennsylvania (Mr. Specter) was added as a cosponsor of S. 502, a bill 
to repeal the sunset on the reduction of capital gains rates for 
individuals and on the taxation of dividends of individuals at capital 
gains rates.


                                 S. 543

  At the request of Mr. Nelson of Nebraska, the name of the Senator 
from North Carolina (Mrs. Dole) was added as a cosponsor of S. 543, a 
bill to improve Medicare beneficiary access by extending the 60 percent 
compliance threshold used to determine whether a hospital or unit of a 
hospital is an inpatient rehabilitation facility under the Medicare 
program.


                                 S. 548

  At the request of Mr. Leahy, the name of the Senator from Indiana 
(Mr. Bayh) was added as a cosponsor of S. 548, a bill to amend the 
Internal Revenue Code of 1986 to provide that a deduction equal to fair 
market value shall be allowed for charitable contributions of literary, 
musical, artistic, or scholarly compositions created by the donor.


                                 S. 627

  At the request of Mr. Harkin, the name of the Senator from Louisiana 
(Ms. Landrieu) was added as a cosponsor of S. 627, a bill to amend the 
Juvenile Justice and Delinquency Prevention Act of 1974 to improve the 
health and well-being of maltreated infants and toddlers through the 
creation of a National Court Teams Resource Center, to assist local 
Court Teams, and for other purposes.


                                 S. 814

  At the request of Mr. Specter, the name of the Senator from Louisiana 
(Ms. Landrieu) was added as a cosponsor of S. 814, a bill to amend the 
Internal Revenue Code of 1986 to allow the deduction of attorney-
advanced expenses and court costs in contingency fee cases.


                                 S. 937

  At the request of Ms. Collins, her name was added as a cosponsor of 
S. 937, a bill to improve support and services for individuals with 
autism and their families.


                                 S. 970

  At the request of Mr. Smith, the name of the Senator from Wyoming 
(Mr. Barrasso) was added as a cosponsor of S. 970, a bill to impose 
sanctions on Iran and on other countries for assisting Iran in 
developing a nuclear program, and for other purposes.
  At the request of Mr. Durbin, the name of the Senator from Montana 
(Mr. Baucus) was added as a cosponsor of S. 970, supra.


                                 S. 980

  At the request of Mrs. Feinstein, the name of the Senator from Texas 
(Mr. Cornyn) was added as a cosponsor of S. 980, a bill to amend the 
Controlled Substances Act to address online pharmacies.


                                 S. 988

  At the request of Ms. Mikulski, the names of the Senator from North 
Carolina (Mrs. Dole) and the Senator from Rhode Island (Mr. Whitehouse) 
were added as cosponsors of S. 988, a bill to extend the termination 
date for the exemption of returning workers from the numerical 
limitations for temporary workers.


                                S. 1003

  At the request of Ms. Stabenow, the name of the Senator from 
Louisiana (Ms. Landrieu) was added as a cosponsor of S. 1003, a bill to 
amend title XVIII of the Social Security Act to improve access to 
emergency medical services and the quality and efficiency of care 
furnished in emergency departments of hospitals and critical access 
hospitals by establishing a bipartisan commission to examine factors 
that affect the effective delivery of such services, by providing for 
additional payments for certain physician services furnished in such 
emergency departments, and by establishing a Centers for Medicare & 
Medicaid Services Working Group, and for other purposes.


                                S. 1107

  At the request of Mr. Smith, the name of the Senator from Minnesota 
(Mr. Coleman) was added as a cosponsor of S. 1107, a bill to amend 
title XVIII of the Social Security Act to reduce cost-sharing under 
part D of such title for certain non-institutionalized full-benefit 
dual eligible individuals.


                                S. 1120

  At the request of Mr. Harkin, the name of the Senator from New Jersey 
(Mr. Lautenberg) was added as a cosponsor of S. 1120, a bill to amend 
the Public Health Service Act to provide grants for the training of 
graduate medical residents in preventive medicine and public health.


                                S. 1204

  At the request of Mr. Dodd, the name of the Senator from South Dakota 
(Mr. Johnson) was added as a cosponsor of S. 1204, a bill to enhance 
Federal efforts focused on public awareness and education about the 
risks and dangers associated with Shaken Baby Syndrome.


                                S. 1259

  At the request of Mr. Sanders, his name was added as a cosponsor of 
S. 1259, a bill to amend the Foreign Assistance Act of 1961 to provide 
assistance for developing countries to promote quality basic education 
and to establish the achievement of universal basic education in all 
developing countries as an objective of United States foreign 
assistance policy, and for other purposes.


                                S. 1310

  At the request of Mr. Schumer, the name of the Senator from Minnesota 
(Ms. Klobuchar) was added as a cosponsor of S. 1310, a bill to amend 
title XVIII of the Social Security Act to provide for an extension of 
increased payments for ground ambulance services under the Medicare 
program.


                                S. 1343

  At the request of Mr. Brown, his name was added as a cosponsor of S. 
1343, a bill to amend the Public Health Service Act with respect to 
prevention and treatment of diabetes, and for other purposes.


                                S. 1395

  At the request of Mr. Levin, the name of the Senator from 
Massachusetts (Mr. Kennedy) was added as a cosponsor of S. 1395, a bill 
to prevent unfair practices in credit card accounts, and for other 
purposes.


                                S. 1406

  At the request of Mr. Kerry, the name of the Senator from Connecticut 
(Mr. Dodd) was added as a cosponsor of S. 1406, a bill to amend the 
Marine Mammal Protection Act of 1972 to strengthen polar bear 
conservation efforts, and for other purposes.


                                S. 1515

  At the request of Mr. Biden, the name of the Senator from 
Pennsylvania (Mr. Casey) was added as a cosponsor of S. 1515, a bill to 
establish a domestic violence volunteer attorney network to represent 
domestic violence victims.

[[Page 544]]




                                S. 1551

  At the request of Mr. Brown, the name of the Senator from South 
Dakota (Mr. Johnson) was added as a cosponsor of S. 1551, a bill to 
amend the Public Health Service Act with respect to making progress 
toward the goal of eliminating tuberculosis, and for other purposes.


                                S. 1661

  At the request of Mr. Dorgan, the name of the Senator from Arkansas 
(Mrs. Lincoln) was added as a cosponsor of S. 1661, a bill to 
communicate United States travel policies and improve marketing and 
other activities designed to increase travel in the United States from 
abroad.


                                S. 1750

  At the request of Mr. Specter, the name of the Senator from Louisiana 
(Ms. Landrieu) was added as a cosponsor of S. 1750, a bill to amend 
title XVIII of the Social Security Act to preserve access to community 
cancer care by Medicare beneficiaries.


                                S. 1812

  At the request of Mr. Lautenberg, his name was added as a cosponsor 
of S. 1812, a bill to amend the Elementary and Secondary Education Act 
of 1965 to strengthen mentoring programs, and for other purposes.


                                S. 1914

  At the request of Mrs. Feinstein, the names of the Senator from 
Maryland (Ms. Mikulski) and the Senator from New Jersey (Mr. Menendez) 
were added as cosponsors of S. 1914, a bill to require a comprehensive 
nuclear posture review, and for other purposes.


                                S. 1951

  At the request of Mr. Baucus, the name of the Senator from Kansas 
(Mr. Brownback) was added as a cosponsor of S. 1951, a bill to amend 
title XIX of the Social Security Act to ensure that individuals 
eligible for medical assistance under the Medicaid program continue to 
have access to prescription drugs, and for other purposes.


                                S. 1965

  At the request of Mr. Stevens, the name of the Senator from Maryland 
(Mr. Cardin) was added as a cosponsor of S. 1965, a bill to protect 
children from cybercrimes, including crimes by online predators, to 
enhance efforts to identify and eliminate child pornography, and to 
help parents shield their children from material that is inappropriate 
for minors.


                                S. 1975

  At the request of Mr. Dodd, the name of the Senator from California 
(Mrs. Boxer) was added as a cosponsor of S. 1975, a bill to expand 
family and medical leave in support of servicemembers with combat-
related injuries.


                                S. 1980

  At the request of Mr. Smith, the name of the Senator from Minnesota 
(Mr. Coleman) was added as a cosponsor of S. 1980, a bill to improve 
the quality of, and access to, long-term care.


                                S. 2050

  At the request of Mr. Brown, the name of the Senator from Vermont 
(Mr. Leahy) was added as a cosponsor of S. 2050, a bill to amend title 
II of the Social Security Act to eliminate the five-month waiting 
period in the disability insurance program, and for other purposes.


                                S. 2051

  At the request of Mr. Conrad, the name of the Senator from Idaho (Mr. 
Craig) was added as a cosponsor of S. 2051, a bill to amend the small 
rural school achievement program and the rural and low-income school 
program under part B of title VI of the Elementary and Secondary 
Education Act of 1965.


                                S. 2059

  At the request of Ms. Collins, her name was added as a cosponsor of 
S. 2059, a bill to amend the Family and Medical Leave Act of 1993 to 
clarify the eligibility requirements with respect to airline flight 
crews.
  At the request of Mr. Menendez, his name was added as a cosponsor of 
S. 2059, supra.
  At the request of Mr. Brown, his name was added as a cosponsor of S. 
2059, supra.


                                S. 2067

  At the request of Mr. Martinez, the name of the Senator from Maine 
(Ms. Collins) was added as a cosponsor of S. 2067, a bill to amend the 
Federal Water Pollution Control Act relating to recreational vessels.


                                S. 2071

  At the request of Mrs. Feinstein, the name of the Senator from Maine 
(Ms. Collins) was added as a cosponsor of S. 2071, a bill to enhance 
the ability to combat methamphetamine.


                                S. 2092

  At the request of Mr. Durbin, the name of the Senator from California 
(Mrs. Boxer) was added as a cosponsor of S. 2092, a bill to amend title 
11, United States Code, to improve protections for employees and 
retirees in business bankruptcies.


                                S. 2119

  At the request of Mr. Johnson, the name of the Senator from Arkansas 
(Mr. Pryor) was added as a cosponsor of S. 2119, a bill to require the 
Secretary of the Treasury to mint coins in commemoration of veterans 
who became disabled for life while serving in the Armed Forces of the 
United States.


                                S. 2166

  At the request of Mr. Casey, the name of the Senator from New York 
(Mr. Schumer) was added as a cosponsor of S. 2166, a bill to provide 
for greater responsibility in lending and expanded cancellation of 
debts owed to the United States and the international financial 
institutions by low-income countries, and for other purposes.
  At the request of Mr. Kerry, his name was added as a cosponsor of S. 
2166, supra.


                                S. 2194

  At the request of Mr. Salazar, the name of the Senator from 
Massachusetts (Mr. Kerry) was added as a cosponsor of S. 2194, a bill 
to amend the Elementary and Secondary Education Act of 1965 to 
establish a partnership between the Department of Education and the 
National Park Service to provide educational opportunities for students 
and teachers, and for other purposes.


                                S. 2324

  At the request of Mrs. McCaskill, the name of the Senator from 
Oklahoma (Mr. Coburn) was withdrawn as a cosponsor of S. 2324, a bill 
to amend the Inspector General Act of 1978 (5 U.S.C. App.) to enhance 
the Offices of the Inspectors General, to create a Council of the 
Inspectors General on Integrity and Efficiency, and for other purposes.


                                S. 2332

  At the request of Mr. Dorgan, the name of the Senator from Oregon 
(Mr. Wyden) was added as a cosponsor of S. 2332, a bill to promote 
transparency in the adoption of new media ownership rules by the 
Federal Communications Commission, and to establish an independent 
panel to make recommendations on how to increase the representation of 
women and minorities in broadcast media ownership.


                                S. 2337

  At the request of Mr. Grassley, the name of the Senator from Nevada 
(Mr. Ensign) was added as a cosponsor of S. 2337, a bill to amend the 
Internal Revenue Code of 1986 to allow long-term care insurance to be 
offered under cafeteria plans and flexible spending arrangements and to 
provide additional consumer protections for long-term care insurance.


                                S. 2368

  At the request of Mr. Pryor, the name of the Senator from Georgia 
(Mr. Chambliss) was added as a cosponsor of S. 2368, a bill to provide 
immigration reform by securing America's borders, clarifying and 
enforcing existing laws, and enabling a practical employer verification 
program.


                                S. 2372

  At the request of Mr. Smith, the names of the Senator from Kansas 
(Mr. Roberts) and the Senator from Georgia (Mr. Chambliss) were added 
as cosponsors of S. 2372, a bill to amend the Harmonized Tariff 
Schedule of the United States to modify the tariffs on certain 
footwear.


                                S. 2420

  At the request of Mr. Schumer, the name of the Senator from New 
Jersey (Mr. Menendez) was added as a cosponsor of S. 2420, a bill to 
encourage the

[[Page 545]]

donation of excess food to nonprofit organizations that provide 
assistance to food-insecure people in the United States in contracts 
entered into by executive agencies for the provision, service, or sale 
of food.


                                S. 2423

  At the request of Mrs. Feinstein, the name of the Senator from Maine 
(Ms. Snowe) was added as a cosponsor of S. 2423, a bill to facilitate 
price transparency in markets for the sale of emission allowances, and 
for other purposes.


                                S. 2426

  At the request of Mr. Whitehouse, the name of the Senator from 
Illinois (Mr. Obama) was added as a cosponsor of S. 2426, a bill to 
provide for congressional oversight of United States agreements with 
the Government of Iraq.
  At the request of Mr. Bayh, his name was added as a cosponsor of S. 
2426, supra.


                                S. 2453

  At the request of Mr. Alexander, the names of the Senator from North 
Dakota (Mr. Conrad), the Senator from Kentucky (Mr. McConnell), the 
Senator from Oklahoma (Mr. Inhofe) and the Senator from Alaska (Mr. 
Stevens) were added as cosponsors of S. 2453, a bill to amend title VII 
of the Civil Rights Act of 1964 to clarify requirements relating to 
nondiscrimination on the basis of national origin.


                                S. 2456

  At the request of Mr. Bayh, his name was added as a cosponsor of S. 
2456, a bill to amend the Public Health Service Act to improve and 
secure an adequate supply of influenza vaccine.


                                S. 2485

  At the request of Mr. Tester, the name of the Senator from Minnesota 
(Mr. Coleman) was added as a cosponsor of S. 2485, a bill to amend the 
Public Health Service Act to provide for the participation of physical 
therapists in the National Health Service Corps Loan Repayment Program, 
and for other purposes.


                                S. 2486

  At the request of Mr. Kerry, the name of the Senator from New Mexico 
(Mr. Bingaman) was added as a cosponsor of S. 2486, a bill to remove a 
provision from the Immigration and Nationality Act that prohibits 
individuals with HIV from being admissible to the United States, and 
for other purposes.


                              S.J. RES. 26

  At the request of Mrs. Dole, the names of the Senator from Oklahoma 
(Mr. Inhofe), the Senator from Georgia (Mr. Chambliss), the Senator 
from Florida (Mr. Martinez) and the Senator from South Carolina (Mr. 
Graham) were added as cosponsors of S.J. Res. 26, a joint resolution 
supporting a base Defense Budget that at the very minimum matches 4 
percent of gross domestic product.


                              S.J. RES. 27

  At the request of Mrs. Dole, the name of the Senator from Colorado 
(Mr. Allard) was added as a cosponsor of S.J. Res. 27, a joint 
resolution proposing an amendment to the Constitution of the United 
States relative to the line item veto.


                            S. CON. RES. 63

  At the request of Mr. Specter, his name was added as a cosponsor of 
S. Con. Res. 63, a concurrent resolution expressing the sense of the 
Congress regarding the need for additional research into the chronic 
neurological condition hydrocephalus, and for other purposes.


                              S. RES. 106

  At the request of Mr. Durbin, the name of the Senator from Delaware 
(Mr. Biden) was added as a cosponsor of S. Res. 106, a resolution 
calling on the President to ensure that the foreign policy of the 
United States reflects appropriate understanding and sensitivity 
concerning issues related to human rights, ethnic cleansing, and 
genocide documented in the United States record relating to the 
Armenian Genocide.


                           AMENDMENT NO. 3857

  At the request of Mrs. Feinstein, the name of the Senator from Rhode 
Island (Mr. Whitehouse) was added as a cosponsor of amendment No. 3857 
intended to be proposed to S. 2248, an original bill to amend the 
Foreign Intelligence Surveillance Act of 1978, to modernize and 
streamline the provisions of that Act, and for other purposes.

                          ____________________




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mrs. HUTCHISON:
  S. 2536. A bill to amend title 38, United States Code, to prohibit 
the Secretary of Veterans Affairs from collecting certain debts to the 
United States in the case of veterans who die as a result of a service-
connected disability incurred or aggravated on active duty in a combat 
zone, and for other purposes; to the Committee on Veterans' Affairs.
  Mrs. HUTCHISON. Mr. President, I rise to speak on a bill I filed 
today, the Combat Veterans Debt Elimination Act of 2008. This bill 
requires the Secretary of the Department of Veterans Affairs to forgive 
certain debts by our service members who have already paid the ultimate 
price in combat. This bill is about honoring our fallen heroes by 
treating the families they left behind with dignity, and by showing 
them we truly mean it when we tell them our Nation is grateful.
  If a member of our Armed Forces is killed and owes the Department of 
Veterans Affairs any outstanding debts, the Secretary of VA is required 
by law to notify the deceased family of the debt. I am appalled at 
this. I am saddened. If a service member is killed in combat, his or 
her family has already paid enough. I cannot think of anything more 
insulting than to tell a family who has just lost a loved one that they 
owe a couple of hundred dollars to the Government. I for one will not 
stand for this.
  Let me explain the scope of this problem to illustrate how simple it 
should be to fix. There are 22 service members who were killed in 
combat fighting in Iraq and Afghanistan who have debts to the VA. If 
you combined the debts of those 22 service members, the total amount of 
their debt would come to $56,366. In most cases the service member's 
debt came in the form of educational benefit payments so they could go 
to college. During their enrollment at school, they were called into 
service, and they were killed. Later on, the VA was forced to contact 
the families of the deceased and notify them of those outstanding 
debts. How tragic is this?
  Three of the 22 cases occurred in my home State of Texas, which is 
more than any other State. One fallen hero, a brave young man from 
Raymondville, TX, joined the Army in 1997, right out of high school 
where he was both an academic star, and an athletic star. He had been 
accepted to a prestigious university, but put service to his country 
first. He was on his 3rd tour in Iraq when he was killed by a sniper's 
bullet. When he died, he owed the Government $389 in education 
assistance payments. The Secretary of VA was required by law to contact 
that family and ask for $389. I cannot imagine a more insensitive 
requirement. The family paid this debt in full because they believed it 
was the right thing to do. But did we do the right thing? I regret to 
say we did not. I am embarrassed that this happened and I beseech my 
colleagues to fix this problem today.
  A second case involved an Army Sergeant from Missouri City, TX. After 
serving in the Marine Corps for a number of years, this young man 
enlisted in the Army. After high school he attended 2 different 
colleges utilizing VA education benefits. When he was deployed, he 
dropped out of school to serve his country. He served one tour in 
Afghanistan and was on his 2nd tour in Iraq when he was killed by a 
bomb explosion. Because he had dropped out of school, the deceased owed 
the VA $2,282. He is survived by a wife and 4 children. The family paid 
the VA because they also believed it was the right thing to do.
  The third Texas case involved a Marine reservist. He graduated from 
Texas A&M University and intended to be a cardiovascular surgeon. He 
had received education assistance to go to the University. He was also 
killed in an explosion in Iraq. He was married and had 2 small 
children. Two days before

[[Page 546]]

his death the VA sent him a letter saying he owed $845.
  This is not a bill that should in any way fall into politics. This 
bill should be passed quickly on a bipartisan basis. There are cases 
just like the ones I mentioned in Wisconsin, North Carolina, Illinois, 
Iowa, Connecticut, Nebraska, Colorado, Michigan, Washington, 
California, New York, Kentucky, Georgia and South Carolina. It is clear 
our entire Nation is affected and we have to do something now.
  I know bills are usually referred to the committee of jurisdiction 
for review. I have served in this distinguished body for 15 years. But 
I am convinced this is a special case, and so I am here today asking 
the distinguished Majority and Minority Leaders to bring this bill to 
the floor before another family suffers the indignity of the current 
law. The VA has no choice but to follow the law, but we, here in 
Congress, have the power to change it. We can and should correct this 
requirement and honor the memories and the families of our fallen 
heroes.
  I am calling on all of my colleagues to right this wrong immediately. 
We cannot let this law stand another day. Our soldiers and their 
families deserve better. Every day is crucial to passing this 
legislation and I ask my colleagues to join with me in this endeavor.
                                 ______
                                 
      By Mr. SPECTER:
  S. 2539. A bill to amend the Internal Revenue Code of 1986 to provide 
a special depreciation allowance for certain property placed in service 
during 2008 and 2009; to the Committee on Finance.
  Mr. SPECTER. I have sought recognition to introduce two bills with a 
view to aiding an emergency economic stimulus package. I am pleased to 
see that the President and the Democratic leaders of the House of 
Representatives and the Senate have stated their intentions to work 
together to provide an economic stimulus package. There is no doubt, 
based upon what is happening in markets around the world, that there is 
an urgent need for such a package.
  It has been well known that the American people have not looked 
kindly on what is happening in Washington, DC. The approval ratings of 
the President are low. The approval ratings of the Congress are low. It 
appears sometimes as if it is a race to the bottom as to who is going 
to be the lowest the fastest.
  But now I think we have an opportunity, in the face of an emergency--
what may accurately be described as a real crisis--to take some 
effective action. It is my hope we will move with dispatch, with all 
due deliberation. We have the finest economic minds at work on the 
issue. There have been a lot of studies, and with our background of 
knowledge we are in a position to move.
  There is no doubt the Congress can move promptly when the Congress 
has the will to do so with the President. Congress and the President 
have the capacity to move promptly. It is only a question of the will. 
I think this is an opportunity for the Federal Government to redeem 
itself in the eyes of the American people by acting.
  I am pleased to see that Federal Reserve Chairman Bernanke has acted 
this morning to drop interest rates by three-quarters of a percentage 
point to 3.5 percent. The Chairman of the Fed does not quite go so far 
as to say we are in a recession, but he has pretty dire news saying:

       The committee took this action in view of a weakening of 
     the economic outlook and increasing downside risks to growth. 
     While strains in short-term funding markets have eased 
     somewhat, broader financial market conditions have continued 
     to deteriorate and credit has tightened further for some 
     businesses and households.

  I think it is really an understatement. I think the credit market is 
a shambles, that if you look at the indicators in terms of borrowing on 
a variety of sources, credit is simply not there.
  Many had urged the Fed to lower the rate to 3 percent. Candidly, that 
would have been my choice. But I think three-quarters of a percent is 
decisive action, and that should be the starting point for an economic 
package from Congress.
  I appreciate the fact that the President has honored the wishes of 
the leaders of the Democrats in Congress to await specifics until there 
has been a meeting and a rejoinder of action. But I think the time has 
come now to be specific.
  The two legislative proposals which I am suggesting today deal with 
depreciation schedules. Currently, there are depreciation schedules on 
the 3-, 5-, and 7-year mark which my legislation would expense--or, 
that is, depreciate--in the year when the expenditure is made. 
Calculating the cost of this legislation over a 10-year period, the 
Joint Committee on Taxation should find that it will not cost a great 
deal on the books.
  The second bill which I am introducing would give a bonus 
depreciation of 50 percent on items purchased on all depreciation 
schedules. The bonus of 50 percent in 2008 or 50 percent in 2009, if 
the purchases are made in either of these 2 years, will be a 
considerable stimulus.
  These are not original ideas of mine; these ideas have been proposed 
from a variety of sources, including a commentary article from The Wall 
Street Journal dated January 12, 2008. The ideas were forwarded last 
week to the Secretary of Treasury, Secretary Paulson, and the Chairman 
of the Council of Economic Advisers, Edward Lazear.
  It is my hope we will move promptly with an economic stimulus 
package. It is my hope that while there may be divergent views and many 
different points of view, that the efforts are being focused to the 
maximum extent possible on progrowth ideas.
  There is no doubt we have a very serious problem with credit today. 
What the Federal Reserve has done in lowering the rate three-quarters 
of a percent to 3.5 percent is a significant start, but more needs to 
be done on seeing to it that credit is available in our economy.
  Mr. President, I have sought recognition to introduce two pieces of 
legislation designed to provide immediate economic stimulus for an 
economy hindered by a housing crisis, rising oil prices, unemployment, 
sagging stock markets, and battered consumer confidence. Both bills I 
am introducing today, S. 2539 and S. 2540, provide incentives for firms 
to place new equipment and other assets into use, thus creating new job 
opportunities. Specifically, my proposals allow firms to deduct, or 
expense, a greater share of new equipment in the year placed in 
service. The need for aggressive action is becoming more apparent with 
each passing day.
  There is increasing sentiment that timely action is needed by 
Congress to stimulate growth beyond what the Federal Reserve can 
achieve through lower interest rates. Many experts, including former 
Federal Reserve chairman Alan Greenspan and former Treasury Secretary 
Lawrence H. Summers, have indicated that the U.S. economy is not faring 
well and that a recession may be in our future.
  Meanwhile, Federal Reserve Chairman Ben Bernanke has been hesitant to 
classify the deteriorating economy as being in recession. However, in 
response to an international stock sell-off and the likelihood of a 
sharp drop in America, the Federal Reserve cut its benchmark short-term 
interest rate by \3/4\ of a percentage point to 3.5 percent this 
morning, Tuesday January 22, 2007. In a statement, the Federal Reserve 
said: ``The committee took this action in view of a weakening of the 
economic outlook and increasing downside risks to growth. While strains 
in short-term funding markets have eased somewhat, broader financial 
market conditions have continued to deteriorate and credit has 
tightened further for some businesses and households.''
  Our current economic difficulties were accentuated with the subprime 
mortgage crisis. With interest rates at all-time lows, lenders 
increasingly offered mortgages to those who previously either would not 
have qualified for a mortgage or could not have afforded the payments 
on a mortgage. Many borrowers with adjustable rate, interest-only or 
no-down-payment mortgages have been unable to keep up with their 
monthly mortgage payments that have reset to higher rates.

[[Page 547]]

The implications of the subprime mortgage crisis have now spread beyond 
the housing sector.
  A mere 18,000 jobs were added in December, falling significantly 
short from the 70,000 that were projected by industry analysts. 
According to the Labor Department's monthly report, the unemployment 
rate also jumped to 5 percent, up from November's 4.7 percent. Our 
economy has not seen that level of unemployment in 2 years. On January 
2, 2007, crude oil prices hit the $100 per barrel milestone for the 
first time. The high cost of energy continues to drive up the cost of 
doing business. This also means a higher cost of living for American 
consumers. The Consumer Price Index increased 0.8 percent in November, 
its largest advance since September 2005. A weak holiday shopping 
season also suggests that consumer confidence is low. According to the 
International Council of Shopping Centers, sales growth for retailers 
was the lowest in 7 years.
  On Friday, January 18, 2008, the President made clear that timely 
action is needed during a televised address with his economic advisors. 
The President outlined a broad framework for an economic stimulus 
package, one that: Is big enough to make a difference; is built on 
broad-based tax relief; is temporary and takes effect right away; and 
does not include any tax increases. Specifically, the President called 
for Congress to enact temporary tax relief consisting of rebate checks 
for individuals and investment incentives for businesses. He has tasked 
Treasury Secretary Henry Paulson and Ed Lazear, Chairman of the Council 
on Economic Advisors, to work with Congress on agreeing on details of a 
package.
  Many in Congress are floating ideas for a package to kick-start the 
economy, including boosting spending for extending unemployment 
benefits and providing States with fiscal relief. No matter what the 
final product, it is my belief that any package passed into law should 
include tax incentives to spur immediate business investment. The two 
bills I introduce today are designed to help firms acquire new capital 
and expand their operations. Incentives for investment will lead to job 
creation and help dampen the threat of a recession. In the long-term, 
investment incentives will lead to increased growth. On January 16, 
2008, I wrote to Edward Lazear, Chairman of the President's Council of 
Economic Advisors, urging him to consider these proposals as 
cornerstones of any economic stimulus package. I sent a similar letter 
to Treasury Secretary Hank Paulson on January 18, 2008.
  My first piece of legislation provides 2 years of ``bonus 
depreciation'' for all sectors of the economy. Specifically, firms 
would be allowed to expense 50 percent of the cost of new equipment in 
the first year the asset is put to use. Remaining value would be 
deducted over the course of its useful life by using the Internal 
Revenue Code depreciation schedules. By allowing firms to expense a 
greater share of the value of an asset in the first year, this proposal 
frees up additional resources for firms to hire more workers and expand 
their operations.
  In the long-run, the cost of this proposal is minimal because it 
simply accelerates a tax benefit that is due over time. This proposal 
does not create a new deduction. However, because this proposal will 
affect assets depreciated on schedules longer than 10 years, this bill 
will have a static revenue cost over a 10-year scoring period.
  The second piece of legislation I offer today will allow a variety of 
sectors to take advantage of one-hundred percent up-front expensing for 
new assets that are placed into service during tax years 2008 and 2009. 
Specifically, this legislation would allow all equipment which is 
currently depreciated on the 3-, 5-, and 7-year schedules to be fully 
expensed in year one. Under current law, when a company buys an asset 
that will last longer than 1 year, the company cannot, under most 
circumstances, deduct the entire cost and enjoy an immediate tax 
benefit. Instead, the company must depreciate the cost over the useful 
life of the asset, taking a tax deduction for a part of the cost each 
year. While the company will get to deduct the full cost of the asset, 
delaying this benefit is a disadvantage to the company. By allowing 
firms to deduct the cost of a new asset in year one, expensing spurs 
new investments quickly, which helps to drive immediate job creation.
  The assets that currently depreciate on these schedules are so varied 
that virtually every sector of the economy would be able to take 
advantage of this benefit and expand their businesses. Some of the 
assets and sectors on these schedules include office equipment, 
transportation equipment, agriculture, textiles, furniture 
manufacturing, steel products and high-tech manufacturing. I have 
included at the conclusion of this statement a full list of the asset 
classes impacted by this bill.
  One particular advantage to this legislation is the minimal cost 
impact as viewed by the Joint Committee on Taxation, the Congressional 
unit which investigates the operation and effects of internal revenue 
taxes and the administration of such taxes. Because revenue legislation 
is scored over a 10-year window and the tax benefit inferred by this 
bill still occurs within that span, quicker, it is my belief that the 
revenue impact will be negligible. This point is of particular 
importance in the 110th Congress because of PAYGO scoring rules that 
require offsetting revenue raising provisions to be included in order 
to ``pay for'' tax relief.
  A January 12, 2008, op-ed in the Wall Street Journal entitled ``The 
JFK Stimulus Plan,'' by Ernest S. Christian and Gary A. Robbins, 
provides an excellent argument for the approach I have identified with 
these two bills. According to Mr. Christian and Mr. Robbins, ``More 
investment means more productivity--and 80 percent of the net benefit 
from increased productivity goes to labor. Expensing is a no-risk tax 
cut. It worked four times in the 1960s and 1970s. It worked in 1981-
1982 and again in 2002-2004.'' They cite a 2001 analysis conducted by 
the Institute for Policy Innovation: ``Each $1 of tax cut from first-
year expensing produces about $9 of additional GDP growth.'' A copy of 
the op-ed is included for the Record.
  To address a short-run need for economic stimulus, I urge my 
colleagues to support this legislation as Congress begins making 
important decisions on how best to address our slumping economy. These 
bills are supported by the U.S. Chamber of Commerce, the National 
Association of Manufacturers, Americans for Tax Reform, and the 
National Restaurant Association.
  In the long run, it is my belief that Congress should consider taking 
steps to both enhance and make expensing tax benefits permanent. There 
are strong arguments for allowing all businesses to deduct these costs 
fully in the year paid instead of requiring them to collect a benefit 
over a long amount of time. In addition to the issue of providing tax 
incentives for businesses to invest in new growth capital, I believe it 
will also be important in the long-run to provide sustained relief for 
American taxpayers. The President has acknowledged that while passing a 
new growth package is our most pressing economic priority, Congress 
needs to turn next to making sure that tax relief that is now in place 
is not taken away.
  I look forward to working with my colleagues to rapidly enact a 
bipartisan fiscal stimulus package to help our sluggish economy.
  Mr. President I ask unanimous consent that the text of the bills and 
supporting material be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                S. 2539

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

     SECTION 1. SPECIAL DEPRECIATION ALLOWANCE FOR CERTAIN 
                   PROPERTY PLACED IN SERVICE DURING 2008 AND 
                   2009.

       (a) In General.--Subsection (k) of section 168 of the 
     Internal Revenue Code of 1986 is amended to read as follows:
       ``(k) 50 Percent Bonus Depreciation for Certain Property.--
       ``(1) Additional allowance.--In the case of any qualified 
     property--
       ``(A) the depreciation deduction provided by section 167(a) 
     for the taxable year in

[[Page 548]]

     which such property is placed in service shall include an 
     allowance equal to 50 percent of the adjusted basis of the 
     qualified property, and
       ``(B) the adjusted basis of the qualified property shall be 
     reduced by the amount of such deduction before computing the 
     amount otherwise allowable as a depreciation deduction under 
     this chapter for such taxable year and any subsequent taxable 
     year.
       ``(2) Qualified property.--For purposes of this 
     subsection--
       ``(A) In general.--The term `qualified property' means 
     property--
       ``(i)(I) to which this section applies which has a recovery 
     period of 20 years or less,
       ``(II) which is computer software (as defined in section 
     167(f)(1)(B)) for which a deduction is allowable under 
     section 167(a) without regard to this subsection,
       ``(III) which is water utility property,
       ``(IV) which is qualified leasehold improvement property,
       ``(V) which is qualified restaurant property (as defined in 
     subsection (e)(7), but without regard to subparagraph (A) 
     thereof), or
       ``(VI) which is qualified retail improvement property,
       ``(ii) the original use of which commences with the 
     taxpayer on or after the starting date,
       ``(iii) which is--

       ``(I) acquired by the taxpayer on or after the starting 
     date and before the ending date, but only if no written 
     binding contract for the acquisition was in effect before the 
     starting date, or
       ``(II) acquired by the taxpayer pursuant to a written 
     binding contract which was entered into on or after the 
     starting date and before the ending date, and

       ``(iv) which is placed in service by the taxpayer before 
     the ending date, or, in the case of property described in 
     subparagraph (B) or (C), before the date that is 1 year after 
     the ending date.
       ``(B) Certain property having longer production periods 
     treated as qualified property.--
       ``(i) In general.--The term `qualified property' includes 
     any property if such property--

       ``(I) meets the requirements of clauses (i), (ii), and 
     (iii) of subparagraph (A),
       ``(II) has a recovery period of at least 10 years or is 
     transportation property,
       ``(III) is subject to section 263A, and
       ``(IV) meets the requirements of clause (ii) or (iii) of 
     section 263A(f)(1)(B) (determined as if such clauses also 
     apply to property which has a long useful life (within the 
     meaning of section 263A(f))).

       ``(ii) Only pre-ending date basis eligible for additional 
     allowance.--In the case of property which is qualified 
     property solely by reason of clause (i), paragraph (1) shall 
     apply only to the extent of the adjusted basis thereof 
     attributable to manufacture, construction, or production 
     before the ending date.
       ``(iii) Transportation property.--For purposes of this 
     subparagraph, the term `transportation property' means 
     tangible personal property used in the trade or business of 
     transporting persons or property.
       ``(iv) Application of subparagraph.--This subparagraph 
     shall not apply to any property which is described in 
     subparagraph (C).
       ``(C) Certain aircraft.--The term `qualified property' 
     includes property--
       ``(i) which meets the requirements of clauses (ii) and 
     (iii) of subparagraph (A),
       ``(ii) which is an aircraft which is not a transportation 
     property (as defined in subparagraph (B)(iii)) other than for 
     agricultural or firefighting purposes,
       ``(iii) which is purchased and on which such purchaser, at 
     the time of the contract for purchase, has made a 
     nonrefundable deposit of the lesser of--

       ``(I) 10 percent of the cost, or
       ``(II) $100,000, and

       ``(iv) which has--

       ``(I) an estimated production period exceeding 4 months, 
     and
       ``(II) a cost exceeding $200,000.

       ``(3) Exceptions.--
       ``(A) Alternative depreciation property.--This subsection 
     shall not apply to any property to which the alternative 
     depreciation system under subsection (g) applies, 
     determined--
       ``(i) without regard to paragraph (7) of subsection (g) 
     (relating to election to have system apply), and
       ``(ii) after application of section 280F(b) (relating to 
     listed property with limited business use).
       ``(B) Election out.--If a taxpayer makes an election under 
     this subparagraph with respect to any class of property for 
     any taxable year, this subsection shall not apply to all 
     property in such class placed in service during such taxable 
     year.
       ``(4) Special rules.--
       ``(A) Self-constructed property.--In the case of a taxpayer 
     manufacturing, constructing, or producing property for the 
     taxpayer's own use, the requirements of paragraph (2)(A)(iii) 
     shall be treated as met if the taxpayer begins manufacturing, 
     constructing, or producing the property after the starting 
     date and before the ending date.
       ``(B) Sale-leasebacks.--For purposes of subparagraph (C) 
     and paragraph (2)(A)(ii), if property is--
       ``(i) originally placed in service on or after the starting 
     date by a person, and
       ``(ii) sold and leased back by such person within 3 months 
     after the date such property was originally placed in 
     service,

     such property shall be treated as originally placed in 
     service not earlier than the date on which such property is 
     used under the leaseback referred to in subclause (II).
       ``(C) Syndication.--For purposes of paragraph (2)(A)(ii), 
     if--
       ``(i) property is originally placed in service on or after 
     the starting date by the lessor of such property,
       ``(ii) such property is sold by such lessor or any 
     subsequent purchaser within 3 months after the date such 
     property was originally placed in service (or, in the case of 
     multiple units of property subject to the same lease, within 
     3 months after the date the final unit is placed in service, 
     so long as the period between the time the first unit is 
     placed in service and the time the last unit is placed in 
     service does not exceed 12 months), and
       ``(iii) the user of such property after the last sale 
     during such 3-month period remains the same as when such 
     property was originally placed in service,

     such property shall be treated as originally placed in 
     service not earlier than the date of such last sale.
       ``(D) Limitations related to users and related parties.--
     This subsection shall not apply to any property if--
       ``(i) the user of such property (as of the date on which 
     such property is originally placed in service) or a person 
     which is related (within the meaning of section 267(b) or 
     707(b)) to such user or to the taxpayer had a written binding 
     contract in effect for the acquisition of such property at 
     any time before the starting date, or
       ``(ii) in the case of property manufactured, constructed, 
     or produced for such user's or person's own use, the 
     manufacture, construction, or production of such property 
     began at any time before the starting date.
       ``(5) Coordination with section 280f.--For purposes of 
     section 280F--
       ``(A) Automobiles.--In the case of a passenger automobile 
     (as defined in section 280F(d)(5)) which is qualified 
     property, the Secretary shall increase the limitation under 
     section 280F(a)(1)(A)(i) by $7,650.
       ``(B) Listed property.--The deduction allowable under 
     paragraph (1) shall be taken into account in computing any 
     recapture amount under section 280F(b)(2).
       ``(6) Deduction allowed in computing minimum tax.--For 
     purposes of determining alternative minimum taxable income 
     under section 55, the deduction under subsection (a) for 
     qualified property shall be determined under this section 
     without regard to any adjustment under section 56.
       ``(7) Starting date; ending date.--For purposes of this 
     paragraph--
       ``(A) Starting date.--The term `starting date' means 
     January 1, 2008.
       ``(B) Ending date.--The term `ending date' means January 1, 
     2010.
       ``(8) Qualified leasehold improvement property.--For 
     purposes of this subsection--
       ``(A) In general.--The term `qualified leasehold 
     improvement property' means any improvement to an interior 
     portion of a building which is nonresidential real property 
     if--
       ``(i) such improvement is made under or pursuant to a lease 
     (as defined in subsection (h)(7))--

       ``(I) by the lessee (or any sublessee) of such portion, or
       ``(II) by the lessor of such portion,

       ``(ii) such portion is to be occupied exclusively by the 
     lessee (or any sublessee) of such portion, and
       ``(iii) such improvement is placed in service more than 3 
     years after the date the building was first placed in 
     service.
       ``(B) Certain improvements not included.--Such term shall 
     not include any improvement for which the expenditure is 
     attributable to--
       ``(i) the enlargement of the building,
       ``(ii) any elevator or escalator,
       ``(iii) any structural component benefitting a common area, 
     and
       ``(iv) the internal structural framework of the building.
       ``(C) Definitions and special rules.--For purposes of this 
     paragraph--
       ``(i) Commitment to lease treated as lease.--A commitment 
     to enter into a lease shall be treated as a lease, and the 
     parties to such commitment shall be treated as lessor and 
     lessee, respectively.
       ``(ii) Related persons.--A lease between related persons 
     shall not be considered a lease. For purposes of the 
     preceding sentence, the term `related persons' means--

       ``(I) members of an affiliated group (as defined in section 
     1504), and
       ``(II) persons having a relationship described in 
     subsection (b) of section 267; except that, for purposes of 
     this clause, the phrase `80 percent or more' shall be 
     substituted for the phrase `more than 50 percent' each place 
     it appears in such subsection.

       ``(9) Qualified retail improvement property.--
       ``(A) In general.--The term `qualified retail improvement 
     property' means any improvement to an interior portion of a 
     building which is nonresidential real property if--

[[Page 549]]

       ``(i) such portion is open to the general public and is 
     used in the trade or business of selling tangible personal 
     property or services to the general public, and
       ``(ii) such improvement is placed in service more than 3 
     years after the date the building was first placed in 
     service.
       ``(B) Certain improvements not included.--Such term shall 
     not include any improvement for which the expenditure is 
     attributable to--
       ``(i) the enlargement of the building,
       ``(ii) any elevator or escalator, or
       ``(iii) the internal structural framework of the 
     building.''.
       (b) Coordination With Cellulosic Biomass Ethanol Plant 
     Property.--Paragraph (4) of section 168(l) of the Internal 
     Revenue Code of 1986 is amended by adding at the end the 
     following new subparagraph:
       ``(D) Bonus depreciation property.--Such term shall not 
     include any property to which subsection (k) applies.''.
       (c) Conforming Amendments.--
       (1) Section 168(e)(6) of the Internal Revenue Code of 1986 
     is amended by striking ``section 168(k)(3)'' and inserting 
     ``section 168(k)(8)''.
       (2) Section 168(l) of such Code is amended--
       (A) in paragraph (4), by striking ``168(k)(2)(D)(i)'' and 
     inserting ``169(k)(3)(A)''.
       (B) by striking paragraph (5) and inserting the following:
       ``(5) Special rules.--For purposes of this subsection, 
     rules similar to the rules of paragraph (4) of section 168(k) 
     shall apply, except that in applying such paragraph--
       ``(A) the starting date shall be one day after the date of 
     the enactment of subsection (l),
       ``(B) the ending date shall be January 1, 2013, and
       ``(C) `qualified cellulosic biomass ethanol plant property' 
     shall be substituted for `qualified property' in clause (iv) 
     thereof.'', and
       (C) in paragraph (6), by striking ``168(k)(2)(G)'' and 
     inserting ``168(k)(6)''.
       (3) Section 1400L(b)(2) of such Code is amended--
       (A) in subparagraph (A)(i)(I), by inserting ``(determined 
     without regard to subclauses (V) and (VI) thereof)'' after 
     ``168(k)(2)(A)(i)'',
       (B) in subparagraph (C)(ii), by striking 
     ``168(k)(2)(D)(i)'' and inserting ``168(k)(3)(A)'',
       (C) in subparagraph (C)(iv), by striking 
     ``168(k)(2)(D)(iii)'' and inserting ``168(k)(3)(B)'', and
       (D) in subparagraph (E), by striking ``168(k)(2)(G)'' and 
     inserting ``168(k)(6)''.
       (4) Section 1400L(c) of such Code is amended--
       (A) in paragraph (2), by striking ``168(k)(3)'' and 
     inserting ``168(k)(8)'', and
       (B) in paragraph (5), by striking ``168(k)(2)(D)(iii)'' and 
     inserting ``168(k)(3)(B)''.
       (5) Section 1400N(d) of such Code is amended--
       (A) in paragraph (2)(A)(i)(I), by inserting ``(determined 
     without regard to subclauses (V) and (VI) thereof)'' after 
     ``168(k)(2)(A)(i)'', and
       (B) in paragraph (2)(B)(i), by striking ``168(k)(2)(D)(i)'' 
     and inserting ``168(k)(3)(A)'',
       (C) by striking paragraph (3) and inserting the following:
       ``(5) Special rules.--For purposes of this subsection, 
     rules similar to the rules of paragraph (4) of section 168(k) 
     shall apply, except that in applying such paragraph--
       ``(A) the starting date shall be August 28, 2005,
       ``(B) the ending date shall be January 1, 2008, and
       ``(C) `qualified Gulf Opportunity Zone property' shall be 
     substituted for `qualified property' in clause (iv) 
     thereof.'', and
       (D) in paragraph (4), by striking ``168(k)(2)(G)'' and 
     inserting ``168(k)(6)'', and
       (E) in paragraph (6)(B)(ii)(II), by inserting ``(determined 
     without regard to subclauses (V) and (VI) thereof)'' after 
     ``168(k)(2)(A)(i)''.
       (d) Effective Date.--The amendments made by this section 
     shall apply to property placed in service after December 31, 
     2007.
                                  ____


                                S. 2540

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

     SECTION 1. EXPENSING FOR CERTAIN PROPERTY PLACED IN SERVICE 
                   DURING 2008 AND 2009.

       (a) In General.--Section 168 of the Internal Revenue Code 
     of 1986 is amended by adding at the end the following new 
     subsection:
       ``(m) Special Allowance for Certain Qualified Property 
     Placed in Service During 2008 and 2009.--
       ``(1) In general.--In the case of any qualified property--
       ``(A) the depreciation deduction provided by section 167(a) 
     for the taxable year in which such property is placed in 
     service shall include an allowance equal to 100 percent of 
     the adjusted basis of the qualified property, and
       ``(B) the adjusted basis of the qualified property shall be 
     reduced by the amount of such deduction before computing the 
     amount otherwise allowable as a depreciation deduction under 
     this chapter for such taxable year and any subsequent taxable 
     year.
       ``(2) Qualified property.--For purposes of this subsection, 
     the term `qualified property' means property--
       ``(A) which is 3-year property, 5-year property, or 7-year 
     property,
       ``(B) the original use of which commences with the taxpayer 
     on or after the starting date,
       ``(C) which is--
       ``(i) acquired by the taxpayer on or after the starting 
     date and before the ending date, but only if no written 
     binding contract for the acquisition was in effect before the 
     starting date, or
       ``(ii) acquired by the taxpayer pursuant to a written 
     binding contract which was entered into on or after the 
     starting date and before the ending date, and
       ``(D) which is placed in service by the taxpayer before the 
     ending date.
       ``(3) Exceptions.--
       ``(A) Alternative depreciation property.--This subsection 
     shall not apply to any property to which the alternative 
     depreciation system under subsection (g) applies, 
     determined--
       ``(i) without regard to paragraph (7) of subsection (g) 
     (relating to election to have system apply), and
       ``(ii) after application of section 280F(b) (relating to 
     listed property with limited business use).
       ``(B) Election out.--If a taxpayer makes an election under 
     this subparagraph with respect to any class of property for 
     any taxable year, this subsection shall not apply to all 
     property in such class placed in service during such taxable 
     year.
       ``(4) Special rules.--
       ``(A) Self-constructed property.--In the case of a taxpayer 
     manufacturing, constructing, or producing property for the 
     taxpayer's own use, the requirements of paragraph (2)(C) 
     shall be treated as met if the taxpayer begins manufacturing, 
     constructing, or producing the property after the starting 
     date and before the ending date.
       ``(B) Sale-leasebacks.--For purposes of subparagraph (C) 
     and paragraph (2)(B), if property is--
       ``(i) originally placed in service on or after the starting 
     date by a person, and
       ``(ii) sold and leased back by such person within 3 months 
     after the date such property was originally placed in 
     service,

     such property shall be treated as originally placed in 
     service not earlier than the date on which such property is 
     used under the leaseback referred to in subclause (II).
       ``(C) Syndication.--For purposes of paragraph (2)(B), if--
       ``(i) property is originally placed in service on or after 
     the starting date by the lessor of such property,
       ``(ii) such property is sold by such lessor or any 
     subsequent purchaser within 3 months after the date such 
     property was originally placed in service (or, in the case of 
     multiple units of property subject to the same lease, within 
     3 months after the date the final unit is placed in service, 
     so long as the period between the time the first unit is 
     placed in service and the time the last unit is placed in 
     service does not exceed 12 months), and
       ``(iii) the user of such property after the last sale 
     during such 3-month period remains the same as when such 
     property was originally placed in service,
     such property shall be treated as originally placed in 
     service not earlier than the date of such last sale.
       ``(D) Limitations related to users and related parties.--
     This subsection shall not apply to any property if--
       ``(i) the user of such property (as of the date on which 
     such property is originally placed in service) or a person 
     which is related (within the meaning of section 267(b) or 
     707(b)) to such user or to the taxpayer had a written binding 
     contract in effect for the acquisition of such property at 
     any time before the starting date, or
       ``(ii) in the case of property manufactured, constructed, 
     or produced for such user's or person's own use, the 
     manufacture, construction, or production of such property 
     began at any time before the starting date.
       ``(5) Coordination with section 280f.--For purposes of 
     section 280F--
       ``(A) Automobiles.--In the case of a passenger automobile 
     (as defined in section 280F(d)(5)) which is qualified 
     property, the Secretary shall increase the limitation under 
     section 280F(a)(1)(A)(i) by $7,650.
       ``(B) Listed property.--The deduction allowable under 
     paragraph (1) shall be taken into account in computing any 
     recapture amount under section 280F(b)(2).
       ``(6) Deduction allowed in computing minimum tax.--For 
     purposes of determining alternative minimum taxable income 
     under section 55, the deduction under subsection (a) for 
     qualified property shall be determined under this section 
     without regard to any adjustment under section 56.
       ``(7) Starting date; ending date.--For purposes of this 
     paragraph--
       ``(A) Starting date.--The term `starting date' means 
     January 1, 2008.
       ``(B) Ending date.--The term `ending date' means January 1, 
     2010.''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to property placed in service after December 31, 
     2007.

[[Page 550]]



     TABLE OF ASSET CLASSES AND DEPRECIATION SCHEDULES--*INFORMATION ACQUIRED FROM INTERNAL REVENUE SERVICE
----------------------------------------------------------------------------------------------------------------
                                                                                                     General
                                                                                       Class      Depreciation
                 Asset Class                      Description of assets included      Life (in    Schedule (in
                                                                                       years)        years)
----------------------------------------------------------------------------------------------------------------
00.11........................................  Office Furniture, Fixtures, and              10                 7
                                                Equipment: Includes furniture and
                                                fixtures that are not a structural
                                                component of a building. Includes
                                                such assets as desks, files, safes,
                                                and communications equipment. Does
                                                not include communications
                                                equipment that is included in other
                                                classes.
00.12........................................  Information Systems: Includes                 6                 5
                                                Computers and their peripheral
                                                equipment used in administering
                                                normal business transactions and
                                                the maintenance of business
                                                records, their retrieval and
                                                analysis. Information Systems are
                                                defined as:
                                               (1) Computers: A computer is a
                                                programmable electronically
                                                activated device capable of
                                                accepting information, applying
                                                prescribed processes to the
                                                information, and supplying the
                                                results of these processes with or
                                                without human intervention. It
                                                usually consists of a central
                                                processing unit containing
                                                extensive storage, logic
                                                arithmetic, and control
                                                capabilities. Excluded from this
                                                category are adding machines,
                                                electronic desk calculators, etc.,
                                                and other equipment described in
                                                class 00.13.
                                               (2) Peripheral equipment consists of
                                                the auxiliary machines which are
                                                designed to be placed under control
                                                of the central processing unit.
                                                Nonlimiting examples are: Card
                                                readers, card punches, magnetic
                                                tape feeds, high speed printers,
                                                optical character readers, tape
                                                cassettes, mass storage units,
                                                paper tape equipment, keypunches,
                                                data entry devices, teleprinters,
                                                terminals, tape drives, disc
                                                drives, disc files, disc packs,
                                                visual image projector tubes, card
                                                sorters, plotters, and collators.
                                                Peripheral equipment may be used on-
                                                line or off-line. Does not include
                                                equipment that is an integral part
                                                of other capital equipment that is
                                                included in other classes of
                                                economic activity, i.e., computers
                                                used primarily for process or
                                                production control switching,
                                                channeling, and automating
                                                distributive trades and services
                                                such as point of sale (POS)
                                                computer systems. Also does not
                                                include equipment of a kind used
                                                primarily for amusement or
                                                entertainment of the user.
00.13........................................  Data Handling Equipment; except               6                 5
                                                Computers: Includes only
                                                typewriters, calculators, adding
                                                and accounting machines, copiers,
                                                and duplicating equipment..
00.21........................................  Airplanes (airframes and engines),            6                 5
                                                except those used in commercial or
                                                contract carrying of passengers or
                                                freight, and all helicopters
                                                (airframes and engines).
00.22........................................  Automobiles, Taxis..................          3                 5
00.23........................................  Buses...............................          9                 5
00.241.......................................  Light General Purpose Trucks:                 4                 5
                                                Includes trucks for use over the
                                                road (actual weight less than
                                                13,000 pounds).
00.242.......................................  Heavy General purpose Trucks:                 6                 5
                                                Includes heavy general purpose
                                                trucks, concrete ready mix-trucks,
                                                and ore trucks, for use over the
                                                road (actual unloaded weight 13,000
                                                pounds or more).
00.25........................................  Railroad Cars and Locomotives,               15                 7
                                                except those owned by railroad
                                                transportation companies.
00.26........................................  Tractor units for Use Over-The-Road.          4                 3
00.27........................................  Trailers and Trailer-Mounted                  6                 5
                                                Containers.
01.1.........................................  Agriculture: Includes machinery and          10                 7
                                                equipment, grain bins, and fences
                                                but no other land improvements,
                                                that are used in the production of
                                                crops or plants, vines, and trees;
                                                livestock; the operation of farm
                                                dairies, nurseries, greenhouses,
                                                sod farms, mushroom cellars,
                                                cranberry bogs, apiaries and fur
                                                farms; the performance of
                                                agriculture, animal husbandry, and
                                                horticultural services.
01.11........................................  Cotton Ginning Assets...............         12                 7
01.21........................................  Cattle, Breeding or Dairy...........          7                 5
01.221.......................................  Any breeding or work horse that is           10                 7
                                                more than 12 years old at the time
                                                it is placed in service.
01.222.......................................  Any breeding or work horse that is           10                 3
                                                more than 12 years old at the time
                                                it is placed in service.
01.223.......................................  Any race horse that is more than 2           10                 3
                                                years old at the time it is placed
                                                in service.
01.224.......................................  Any race horse that is more than 12          10                 3
                                                years old at the time it is placed
                                                in service and that is neither a
                                                race horse nor a horse described in
                                                class 01.222.
01.225.......................................  Any horse not described in classes           10                 7
                                                01.221, 01.222, 01.223, or 01.224.
01.23........................................  Hogs, Breeding......................          3                 3
01.24........................................  Sheep and Goats, Breeding...........          5                 5
10.0.........................................  Mining: Includes assets used in the          10                 7
                                                mining and quarrying of metallic
                                                and nonmetallic minerals (including
                                                sand, gravel, stone, and clay) and
                                                the milling, beneficiation and
                                                other primary preparation of such
                                                materials.
13.0.........................................  Offshore Drilling: Includes assets           .5                 5
                                                used in offshore drilling for oil
                                                and gas such as floating, self-
                                                propelled and other drilling
                                                vessels, barges, platforms, and
                                                drilling equipment and support
                                                vessels such as tenders, barges,
                                                towboats and crewboats. Excludes
                                                oil and gas production assets.
13.1.........................................  Drilling of Oil and Gas Wells:                6                 5
                                                Includes assets used in the
                                                drilling of onshore oil and gas
                                                wells and the provision of
                                                geophysical and other exploration
                                                services; and the provision of such
                                                oil and gas field services as
                                                chemical treatment, plugging and
                                                abandoning of wells and cementing
                                                or perforating well casings. Does
                                                not include assets used in the
                                                performance of any of these
                                                activities and services by
                                                integrated petroleum and natural
                                                gas producers for their own account.
13.2.........................................  Exploration for and Production of            14                 7
                                                Petroleum and Natural Gas Deposits:
                                                Includes assets used by petroleum
                                                and natural gas producers for
                                                drilling of wells and production of
                                                petroleum and natural gas,
                                                including gathering pipelines and
                                                related storage facilities. Also
                                                includes petroleum and natural gas
                                                offshore transportation facilities
                                                used by producers and others
                                                consisting of platforms (other than
                                                drilling platforms classified in
                                                Class 13.0), compression or pumping
                                                equipment, and gathering and
                                                transmission lines to the first
                                                onshore transshipment facility. The
                                                assets used in the first onshore
                                                transshipment facility are also
                                                included and consist of separation
                                                equipment (used for separation of
                                                natural gas, liquids, and in Class
                                                49.23), and liquid holding or
                                                storage facilities (other than
                                                those classified in Class 49.25).
                                                Does not include support vessels.
15.0.........................................  Construction: Includes assets used            6                 5
                                                in construction by general
                                                building, special trade, heavy and
                                                marine construction contractors,
                                                operative and investment builders,
                                                real estate subdividers and
                                                developers, and others except
                                                railroads.
20.4.........................................  Manufacture of Other Food and                12                 7
                                                Kindred Products: Includes assets
                                                used in the production of foods and
                                                beverages not included in classes
                                                20.1, 20.2 and 20.3.
20.5.........................................  Manufacture of Food and Beverages--           4                 3
                                                Special Handling Devices: Includes
                                                assets defined as specialized
                                                materials handling devices such as
                                                returnable pallets, palletized
                                                containers, and fish processing
                                                equipment including boxes, baskets,
                                                carts, and flaking trays used in
                                                activities as defined in classes
                                                20.1, 20.2, 20.3 and 20.4. Does not
                                                include general purpose small tools
                                                such as wrenches and drills, both
                                                hand and power-driven, and other
                                                general purpose equipment such as
                                                conveyors, transfer equipment, and
                                                materials handling devices.
21.0.........................................  Manufacture of Tobacco and Tobacco           15                 7
                                                Products: Includes assets used in
                                                the production of cigarettes,
                                                cigars, smoking and chewing
                                                tobacco, snuff, and other tobacco
                                                products.
22.1.........................................  Manufacture of Knitted Goods:               7.5                 5
                                                Includes assets used in the
                                                production of knitted and netted
                                                fabrics and lace. Assets used in
                                                yarn preparation, bleaching,
                                                dyeing, printing, and other similar
                                                finishing processes, texturing, and
                                                packaging, are elsewhere classified.
22.2.........................................  Manufacture of Yarn, Thread, and             11                 7
                                                Woven Fabric: Includes assets used
                                                in the production of spun yarns
                                                including the preparing, blending,
                                                spinning, and twisting of fibers
                                                into yarns and threads, the
                                                preparation of yarns such as
                                                twisting, warping, and winding, the
                                                production of covered elastic yarn
                                                and thread, cordage, woven fabric,
                                                tire fabric, braided fabric,
                                                twisted jut for packaging,
                                                mattresses, pads, sheets, and
                                                industrial belts, and the
                                                processing of textile mill waste to
                                                recover fibers, flocks, and
                                                shoddies. Assets used to
                                                manufacture carpets, man-made
                                                fibers, and nonwovens, and assets
                                                used in texturing, bleaching,
                                                dyeing, printing, and other similar
                                                finishing processes, are elsewhere
                                                classified.
22.3.........................................  Manufacture of Carpets and Dyeing,            9                 5
                                                Finishing, and Packaging of Textile
                                                Products and Manufacture of Medical
                                                and Dental Supplies: Includes
                                                assets used in the production of
                                                carpets, rugs, mats, woven carpet
                                                backing, chenille, and other tufted
                                                products, and assets used in the
                                                joining together of backing with
                                                carpet yarn or fabric. Includes
                                                assets used in washing, scouring,
                                                bleaching, dyeing, printing,
                                                drying, and similar finishing
                                                processes applied to textile
                                                fabrics, yarns, threads, and other
                                                textile goods. Includes assets used
                                                in the production and packaging of
                                                textile products, other than
                                                apparel, by creasing, forming,
                                                trimming, cutting, and sewing, such
                                                as the preparation of carpet and
                                                fabric samples, or similar joining
                                                together processes (other than the
                                                production of scrim reinforced
                                                paper products and laminated paper
                                                products) such as the sewing and
                                                folding of hosiery and panty hose,
                                                and the creasing, folding,
                                                trimming, and cutting of fabrics to
                                                produce nonwoven products, such as
                                                disposable diapers and sanitary
                                                products. Also includes assets used
                                                in the production of medical and
                                                dental supplies other than drugs
                                                and medicines. Assets used in the
                                                manufacture of nonwoven carpet
                                                backing, and hard surface floor
                                                covering such as tile, rubber, and
                                                cork, are elsewhere classified.
22.4.........................................  Manufacture of Textile Yarns:                 8                 5
                                                Includes assets used in the
                                                processing of yarns to impart bulk
                                                and/or stretch properties to the
                                                yarn. The principal machines
                                                involved are falsetwist, draw, beam-
                                                to-beam, and stuffer box texturing
                                                equipment and related highspeed
                                                twisters and winders. Assets, as
                                                described above, which are used to
                                                further process man-made fibers are
                                                elsewhere classified when located
                                                in the same plant in an integrated
                                                operation with man-made fiber
                                                producing assets. Assets used to
                                                manufacture man-made fibers and
                                                assets used in bleaching, dyeing,
                                                printing, and other similar
                                                finishing processes, are elsewhere
                                                classified.
22.5.........................................  Manufacture of Nonwoven Fabrics:             10                 7
                                                Includes assets used in the
                                                production of nonwoven fabrics,
                                                felt goods including felt hats,
                                                padding, batting, wadding, oakum,
                                                and fillings, from new materials
                                                and from textile mill waste.
                                                Nonwoven fabrics are defined as
                                                fabrics (other than reinforced and
                                                laminated composites consisting of
                                                nonwovens and other products)
                                                manufactured by bonding natural and/
                                                or synthetic fibers and/or
                                                filaments by means of induced
                                                mechanical interlocking, fluid
                                                entanglement, chemical adhesion,
                                                thermal or solvent reaction, or by
                                                combination thereof other than
                                                natural hydration bonding as occurs
                                                with natural cellulose fibers. Such
                                                means include resin bonding, web
                                                bonding, and melt bonding.
                                                Specifically includes assets used
                                                to make flocked and needle punched
                                                products other than carpets and
                                                rugs. Assets, as described above,
                                                which are used to manufacture
                                                nonwovens are elsewhere classified
                                                when located in the same plant in
                                                an integrated operation with man-
                                                made fiber producing assets. Assets
                                                used to manufacture man-made fibers
                                                and assets used in bleaching,
                                                dyeing, printing, and other similar
                                                finishing processes, are elsewhere
                                                classified.
23.0.........................................  Manufacture of Apparel and Other              9                 5
                                                Finished Products: Includes assets
                                                used in the production of clothing
                                                and fabricated textile products by
                                                the cutting and sewing of woven
                                                fabrics, other textile products,
                                                and furs; but does not include
                                                assets used in the manufacture of
                                                apparel from rubber and leather.
24.1.........................................  Cutting of Tiber: Includes logging            6                 5
                                                machinery and equipment and
                                                roadbuilding equipment used by
                                                logging and sawmill operators and
                                                pulp manufacturers for their own
                                                account.
24.2.........................................  Sawing of Dimensional Stock from             10                 7
                                                Logs: Includes machinery and
                                                equipment installed in permanent of
                                                well established sawmills.
24.3.........................................  Sawing of Dimensional Stock from              6                 5
                                                Logs: Includes machinery and
                                                equipment in sawmills characterized
                                                by temporary foundations and a
                                                lack, or minimum amount, of
                                                lumberhandling, drying, and residue
                                                disposal equipment and facilities.
24.4.........................................  Manufacture of Wood Products, and            10                 7
                                                Furniture: Includes assets used in
                                                the production of plywood,
                                                hardboard, flooring, veneers,
                                                furniture, and other wood products,
                                                including the treatment of poles
                                                and timber.
26.1.........................................  Manufacture of Pulp and Paper:               13                 7
                                                Includes assets for pulp materials
                                                handling and storage, pulpmill
                                                processing, bleach processing,
                                                paper and paperboard manufacturing,
                                                and on-line finishing. Includes
                                                pollution control assets and all
                                                land improvements associated with
                                                the factory site or production
                                                process such as effluent ponds and
                                                canals, provided such improvements
                                                are depreciable but does not
                                                include building and structural
                                                components as defined in section
                                                1.4801(e)(1) of the regulations.
                                                Includes steam and chemical
                                                recovery boiler systems, with any
                                                rated capacity, used for the
                                                recovery and regeneration of
                                                chemicals used in manufacturing.
                                                Does not included assets used
                                                either in pulpwood logging, or in
                                                the manufacture of hardboard.

[[Page 551]]

 
26.2.........................................  Manufacture of Converted Paper,              10                 7
                                                Paperboard, and Pulp Products:
                                                Includes assets used for
                                                modification, or remanufacture of
                                                paper and pulp into converted
                                                products, such as paper coated off
                                                the paper machine, paper bags,
                                                paper boxes, cartons and envelopes.
                                                Does not include assets used for
                                                manufacture of nonwovens that are
                                                elsewhere classified.
27.0.........................................  Printing, Publishing, and Allied             11                 7
                                                Industries: Includes assets used in
                                                printing by one or more processes,
                                                such as letter-press, lithography,
                                                gravure, or screen; the performance
                                                of services for the printing trade,
                                                such as bookbinding, typesetting,
                                                engraving, photo-engraving, and
                                                electrotyping and the publication
                                                of newspapers, books, and
                                                periodicals.
28.0.........................................  Manufacture of Chemicals and Allied         9.5                 5
                                                Products: Includes assets used to
                                                manufacture basic organic and
                                                inorganic chemicals; chemical
                                                products to be used in further
                                                manufacture, such as synthetic
                                                fibers and plastics materials; and
                                                finished chemical products.
                                                Includes assets used to further
                                                process man-made fibers, to
                                                manufacture plastic film, and to
                                                manufacture nonwoven fabrics, when
                                                such assets are located in the same
                                                plant in an integrated operation
                                                with chemical products producing
                                                assets. Also includes assets used
                                                to manufacture photographic
                                                supplies, such as film,
                                                photographic paper, sensitized
                                                photographic paper, and developing
                                                chemicals. Includes all land
                                                improvements associated with plant
                                                site or production processes, such
                                                as effluent ponds and canals,
                                                provided such land improvements are
                                                depreciable but does not include
                                                building and structural components
                                                as defined in section 1.48-1(e) of
                                                the regulations. Does not include
                                                assets used in the manufacture of
                                                finished rubber and plastic
                                                products or in the production of
                                                natural gas products, butane,
                                                propane, and by-products of natural
                                                gas production plants.
30.1.........................................  Manufacture of Rubber Products:              14                 7
                                                Includes assets used for the
                                                production of products from
                                                natural, synthetic, or reclaimed
                                                rubber, gutta percha, balata, or
                                                gutta siak, such as tires tubes,
                                                rubber footwear, mechanical rubber
                                                goods, heels and soles, flooring,
                                                and rubber sundries; and in the
                                                recapping, retreading, and
                                                rebuilding of tires.
30.11........................................  Manufacture of Rubber Products--              4                 3
                                                Special Tools and Devices: Includes
                                                assets defined as special tools,
                                                such as jigs, dies, mandrels,
                                                molds, lasts, patterns, specialty
                                                containers, pallets, shells; and
                                                tire molds, and accessory parts
                                                such as rings and insert plates
                                                used in activities as defined in
                                                class 30.1. Does not include tire
                                                building drums and accessory parts
                                                and general purpose small tools
                                                such as wrenches and drills, both
                                                power and hand-driven, and other
                                                general purpose equipment such as
                                                conveyors and transfer equipment.
30.2.........................................  Manufacture of Finished Plastic              11                 7
                                                Products: Includes assets used in
                                                the manufacture of plastics
                                                products and the molding of primary
                                                plastics for the trade. Does not
                                                include assets used in the
                                                manufacture of basic plastics
                                                materials nor the manufacture of
                                                phonograph records.
30.21........................................  Manufacture of Finished Products--          3.5                 3
                                                Special Tools: Includes assets
                                                defined as special tools, such as
                                                jigs, dies, fixtures, molds,
                                                patterns, gauges, and specialty
                                                transfer and shipping devices, used
                                                in activities as defined in class
                                                30.2. Special tools are
                                                specifically designed for the
                                                production or processing of
                                                particular parts and have no
                                                significant utilitarian value and
                                                cannot be adapted to further or
                                                different use after changes or
                                                improvements are made in the model
                                                design of the particular part
                                                produced by the special tools. Does
                                                not include general purpose small
                                                tools such as wrenches and drills,
                                                both hand and power-driven, and
                                                other general purpose equipment
                                                such as conveyors, transfer
                                                equipment, and materials handling
                                                devices.
31.0.........................................  Manufacture of Leather and Leather           11                 7
                                                Products: Includes assets used in
                                                the tanning, currying, and
                                                finishing of hides and skins; the
                                                processing of fur pelts; and the
                                                manufacture of finished leather
                                                products, such as footwear,
                                                belting, apparel, and luggage.
32.1.........................................  Manufacture of Glass Products:               14                 7
                                                Includes assets used in the
                                                production of flat, blown, or
                                                pressed products of glass, such as
                                                float and window glass, glass
                                                containers, glassware and
                                                fiberglass. Does not include assets
                                                used in the manufacture of lenses.
32.11........................................  Manufacture of Glass Products--             2.5                 3
                                                Special Tools: Includes assets
                                                defined as special tools such as
                                                molds, patterns, pallets, and
                                                specialty transfer and shipping
                                                devices such as steel racks to
                                                transport automotive glass, used in
                                                activities as defined in class
                                                32.1. Special tools are
                                                specifically designed for the
                                                production or processing of
                                                particular parts and have no
                                                significant utilitarian value and
                                                cannot be adapted to further or
                                                different use after changes or
                                                improvements are made in the model
                                                design of the particular part
                                                produced by the special tools. Does
                                                not include general purpose small
                                                tools such as wrenches and drills,
                                                both hand and power-driven, and
                                                other general purpose equipment
                                                such as conveyors, transfer
                                                equipment, and materials handling
                                                devices.
32.3.........................................  Manufacture of Other Stone and Clay          15                 7
                                                Products: Includes assets used in
                                                the manufacture of products from
                                                materials in the form of clay and
                                                stone, such as brick, tile, and
                                                pipe; pottery and related products,
                                                such as vitreous-china, plumbing
                                                fixtures, earthenware and ceramic
                                                insulating materials; and also
                                                includes assets used in manufacture
                                                of concrete and concrete products.
                                                Does not include assets used in any
                                                mining or extraction processes.
33.2.........................................  Manufacture of Primary Nonferrous            14                 7
                                                Metals: Includes assets used in the
                                                smelting, refining, and
                                                electrolysis of nonferrous metals
                                                from ore, pig, or scrap, the
                                                rolling, drawing, and alloying of
                                                nonferrous metals; the manufacture
                                                of castings, forgings, and other
                                                basic products of nonferrous
                                                metals; and the manufacture of
                                                nails, spikes, structural shapes,
                                                tubing, wire, and cable.
33.21........................................  Manufacture of Primary Nonferrous           6.5                 5
                                                Metals--Special Tools: Includes
                                                assets defined as special tools
                                                such as dies, jigs, molds,
                                                patterns, fixtures, gauges and
                                                drawings concerning such special
                                                tools used in the activities as
                                                defined in class 33.2, Manufacture
                                                of Primary Nonferrous Metals.
                                                Special tools are specifically
                                                designed for the production or
                                                processing of particular products
                                                or parts and have no significant
                                                utilitarian value and cannot be
                                                adapted to further or different use
                                                after changes or improvements are
                                                made in the model design of the
                                                particular part produced by the
                                                special tools. Does not include
                                                general purpose small tools such as
                                                wrenches and drills, both hand and
                                                power-driven, and other general
                                                purpose equipment such as
                                                conveyors, transfer equipment, and
                                                materials handling devices. Rolls,
                                                mandrels and refractories are not
                                                included in class 33.21 but are
                                                included in class 33.2.
33.3.........................................  Manufacture of Foundry Products:             14                 7
                                                Includes assets used in the casting
                                                of iron and steel, including
                                                related operations such as molding
                                                and coremaking. Also includes
                                                assets used in the finishing of
                                                castings and patternmaking when
                                                performed at the foundry, all
                                                special tools and related land
                                                improvements.
33.4.........................................  Manufacture of Primary Steel Mill            15                 7
                                                Products: Includes assets used in
                                                the smelting, reduction, and
                                                refining of iron and steel from
                                                ore, pig, or scrap; the rolling,
                                                drawing and alloying of steel; the
                                                manufacture of nails, spikes,
                                                structural shapes, tubing, wire,
                                                and cable. Includes assets used by
                                                steel service centers, ferrous
                                                metal forges, and assets used in
                                                coke production, regardless of
                                                ownership. Also includes related
                                                land improvements and all special
                                                tools used in the above activities.
34.0.........................................  Manufacture of Fabricated Metal              12                 7
                                                Products: Includes assets used in
                                                the production of metal cans,
                                                tinware, fabricated structural
                                                metal products, metal stampings,
                                                and other ferrous and nonferrous
                                                metal and wire products not
                                                elsewhere classified. Does not
                                                include assets used to manufacture
                                                non-electric heating apparatus.
34.01........................................  Manufacture of Fabricated Metal               3                 3
                                                Products--Special Tools: Includes
                                                assets defined as special tools
                                                such as dies, jigs, molds,
                                                patterns, fixtures, gauges, and
                                                returnable containers and drawings
                                                concerning such special tools used
                                                in the activities as defined in
                                                class 34.0. Special tools are
                                                specifically designed for the
                                                production or processing of
                                                particular machine components,
                                                products, or parts, and have no
                                                significant utilitarian value and
                                                cannot be adapted to further or
                                                different use after changes or
                                                improvements are made in the model
                                                design of the particular part
                                                produced by the special tools. Does
                                                not include general small tools
                                                such as wrenches and drills, both
                                                hand and power-driven, and other
                                                general purpose equipment such as
                                                conveyors, transfer equipment, and
                                                materials handling devices.
35.0.........................................  Manufacture of Electrical and Non-           10                 7
                                                Electrical Machinery and Other
                                                Mechanical Products: Includes
                                                assets used to manufacture or
                                                rebuild finished machinery and
                                                equipment and replacement parts
                                                thereof such as machine tools,
                                                general industrial and special
                                                industry machinery, electrical
                                                power generation, transmission, and
                                                distribution systems, space
                                                heating, cooling, and refrigeration
                                                systems, commercial and home
                                                appliances, farm and garden
                                                machinery, construction machinery,
                                                mining and oil field machinery,
                                                internal combustion engines except
                                                those elsewhere classified),
                                                turbines (except those that power
                                                airborne vehicles), batteries,
                                                lamps and lighting fixtures, carbon
                                                and graphite products, and
                                                electromechanical and mechanical
                                                products including business
                                                machines, instruments, watches and
                                                clocks, vending and amusement
                                                machines, photographic equipment,
                                                medical and dental equipment and
                                                appliances, and ophthalmic goods.
                                                Includes assets used by
                                                manufacturers or rebuilders of such
                                                finished machinery and equipment in
                                                activities elsewhere classified
                                                such as the manufacture of
                                                castings, forging, rubber and
                                                plastic products, electronic
                                                subassemblies or other
                                                manufacturing activities if the
                                                interim products are used by the
                                                same manufacturer primarily in the
                                                manufacture, assembly or rebuilding
                                                of such finished machinery and
                                                equipment. Does not include assets
                                                used in mining, assets used in the
                                                manufacture of primary ferrous and
                                                nonferrous metals, assets included
                                                in class 00.11 through 00.4 and
                                                assets elsewhere classified.
36.0.........................................  Manufacture of Electronic                     6                 5
                                                Components, Products, and Systems:
                                                Includes assets used in the
                                                manufacture of electronic
                                                communication computation,
                                                instrumentation and control system,
                                                including airborne applications;
                                                also includes assets used in the
                                                manufacture of electronic products
                                                such as frequency and amplitude
                                                modulated transmitters and
                                                receivers, electronic switching
                                                stations, television cameras, video
                                                recorders, record players and tape
                                                recorders, computers and computer
                                                peripheral machines, and electronic
                                                instruments, watches, and clocks;
                                                also includes assets used in the
                                                manufacture of components, provided
                                                their primary use is products and
                                                systems defined above such as
                                                electron tubes, capacitors, coils,
                                                resistors, printed circuit
                                                substrates, switches, harness
                                                cables, lasers, fiber optic
                                                devices, and magnetic media
                                                devices. Specifically excludes
                                                assets used to manufacture
                                                electronic products and components,
                                                photocopiers, typewriters, postage
                                                meters and other electromechanical
                                                and mechanical business machines
                                                and instruments that are elsewhere
                                                classified. Does not include
                                                semiconductor manufacturing
                                                equipment included in class 36.1.
36.1.........................................  Any Semiconductor Manufacturing               5                 5
                                                Equipment.
37.11........................................  Manufacture of Motor Vehicles:               12                 7
                                                Includes assets used in the
                                                manufacture and assembly of
                                                finished automobiles, trucks,
                                                trailers, motor homes, and buses.
                                                Does not include assets used in
                                                mining, printing and publishing,
                                                production of primary metals,
                                                electricity, or steam, or the
                                                manufacture of glass, industrial
                                                chemicals, batteries, or rubber
                                                products, which are classified
                                                other than those excluded above,
                                                where such activities are
                                                incidental to and an integral part
                                                of the manufacture and assembly of
                                                finished motor vehicles such as the
                                                manufacture of parts and
                                                subassemblies of fabricated metal
                                                products, electrical equipment,
                                                textiles, plastics, leather, and
                                                foundry and forging operations.
                                                Does not include any assets not
                                                classified in manufacturing
                                                activity classes, e.g., does not
                                                include any assets classified in
                                                assets guideline classes 00.11
                                                through 00.4. Activities will be
                                                considered incidental to the
                                                manufacture and assembly of
                                                finished motor vehicles only in 75
                                                percent or more of the value of the
                                                products produced under one roof
                                                are used for the manufacture and
                                                assembly of finished motor
                                                vehicles. Parts that are produced
                                                as a normal replacement stock
                                                complement in connection with the
                                                manufacture and assembly of
                                                finished motor vehicles are
                                                considered used for the manufacture
                                                assembly of finished motor
                                                vehicles. Does not include assets
                                                used in the manufacture of
                                                component parts if these assets are
                                                used by taxpayers not engaged in
                                                the assembly of finished motor
                                                vehicles.
37.12........................................  Manufacture of Motor Vehicles--               3                 3
                                                Special Tools: Includes assets
                                                defined as special tools, such as
                                                jigs, dies, fixtures, molds,
                                                patterns, gauges, and specialty
                                                transfer and shipping devices,
                                                owned by manufacturers of finished
                                                motor vehicles and used in
                                                qualified activities as defined in
                                                class 37.11. Special tools are
                                                specifically designed for the
                                                production or processing of
                                                particular motor vehicle components
                                                and have no significant utilitarian
                                                value, and cannot be adapted to
                                                further or different use, after
                                                changes or improvement are made in
                                                the model design of the particular
                                                part produced by the special tools.
                                                Does not include general purpose
                                                small tools such as wrenches and
                                                drills, both hand and power-driven,
                                                and other general purpose equipment
                                                such as conveyors, transfer
                                                equipment, and materials handling
                                                devices.
37.2.........................................  Manufacture of Aerospace Products:           10                 7
                                                Includes assets used in the
                                                manufacture and assembly of
                                                airborne vehicles and their
                                                component parts including
                                                hydraulic, pneumatic, electrical,
                                                and mechanical systems. Does not
                                                include assets used in the
                                                production of electronic airborne
                                                detection, guidance, control,
                                                radiation, computation, test
                                                navigation, and communication
                                                equipment or the components thereof.

[[Page 552]]

 
37.31........................................  Ship and Boat Building Machinery and         12                 7
                                                Equipment: Includes assets used in
                                                the manufacture and repair of
                                                ships, boats, caissons, marine
                                                drilling rigs, and special
                                                fabrications not included in assets
                                                classes 37.32 and 37.33.
                                                Specifically includes all
                                                manufacturing and repairing
                                                machinery and equipment, including
                                                machinery and equipment used in the
                                                operation of assets included in
                                                assets class 37.32. Excludes
                                                building and their structural
                                                components.
37.33........................................  Ship and Boat Building--Special             6.5                 5
                                                Tools: Includes assets defined as
                                                special tools such as dies, jigs,
                                                molds, patterns fixtures, gauges,
                                                and drawings concerning such
                                                special tools used in the
                                                activities defined in classes 37.31
                                                and 37.32. Special tools are
                                                specifically designed for the
                                                production or processing particular
                                                machine components, products or
                                                parts, and have no significant
                                                utilitarian value and cannot be
                                                adapted to further or different use
                                                after changes or improvements are
                                                made in the model design of the
                                                particular part produced by the
                                                special tools. Does not include
                                                general purpose small tools such as
                                                wrenches and drills, both hand and
                                                power-driven, and other general
                                                purpose equipment such as
                                                conveyors, transfer equipment, and
                                                materials handling devices.
37.41........................................  Manufacture of Locomotives: Includes       11.5                 7
                                                assets used in building or
                                                rebuilding railroad locomotives
                                                (including mining and industrial
                                                locomotives). Does not include
                                                assets of railroad transportation
                                                companies or assets of companies
                                                which manufacture components of
                                                locomotives but do not manufacture
                                                finished locomotives.
37.42........................................  Manufacture of Railroad Cars:                12                 7
                                                Includes assets used in building or
                                                rebuilding railroad freight or
                                                passenger cars (including rail
                                                transit cars). Does not include
                                                assets of railroad transportation
                                                companies or assets of companies
                                                which manufacture components of
                                                railroad cars but do not
                                                manufacture finished railroad cars.
39.0.........................................  Manufacture of Athletic, Jewelry,            12                 7
                                                and Other Goods: Includes assets
                                                used in the production of jewelry;
                                                musical instruments; toys and
                                                sporting goods; motion picture and
                                                television films and tapes; and
                                                pens, pencils, office and art
                                                supplies, brooms, brushes, caskets,
                                                etc.
                                               Railroad Transportation: Classes
                                                with the prefix 40 include the
                                                assets identified below that are
                                                used in the commercial and contract
                                                carrying of passengers and freight
                                                by rail. Assets of electrified
                                                railroads will be classified in a
                                                manner corresponding to that set
                                                forth below for railroads not
                                                independently operated as electric
                                                lines. Excludes the assets included
                                                in classes with the prefix
                                                beginning 00.1 and 00.2 above, and
                                                also excludes and non-depreciable
                                                assets included in Interstate
                                                Commerce Commission accounts
                                                enumerated for this class.
40.1.........................................  Railroad Machinery and Equipment:            14                 7
                                                Includes assets classified in the
                                                following Interstate Commerce
                                                Commission accounts:
                                               Roadway accounts:
                                               (16) Station and office buildings
                                                (freight handling machinery and
                                                equipment only)
                                               (25) TOFC/COFC terminals (freight
                                                handling machinery and equipment
                                                only)
                                               (26) Communication systems
                                               (27) Signals and interlockers
                                               (37) Roadway machines
                                               (44) Shop machinery
                                               Equipment accounts:
                                               (52) Locomotives
                                               (53) Freight train cars
                                               (54) Passenger train cars
                                               (57) Work equipment
40.4.........................................  Railroad Track......................         10                 7
41.0.........................................  Motor Transport--Passengers:                  8                 5
                                                Includes assets used in the
                                                commercial and contract carrying of
                                                freight by road, except the
                                                transportation assets included in
                                                classes with the prefix 00.2.
45.0.........................................  Air Transport: Includes assets               12                 7
                                                (except helicopters) used in
                                                commercial and contract carrying of
                                                passengers and freight by air. For
                                                purposes of section 1.167(a)-
                                                11(d)(2)(iv)(a) of the regulations,
                                                expenditures for ``repair,
                                                maintenance, rehabilitation, or
                                                improvement,'' shall consist of
                                                direct maintenance expenses
                                                (irrespective of airworthiness
                                                provisions or charges) as defined
                                                by Civil Aeronautics Board uniform
                                                accounts 5200, maintenance burden
                                                (exclusive of expenses pertaining
                                                to maintenance buildings and
                                                improvements) as defined by Civil
                                                Aeronautics Board accounts 5300,
                                                and expenditures which are not
                                                ``excluded additions'' as defined
                                                in section 1.167(a)-11(d)(2)(vi) of
                                                the regulations and which would be
                                                charged to property and equipment
                                                accounts in the Civil Aeronautics
                                                Board uniform system of accounts.
45.1.........................................  Air Transport (restricted): Includes          6                 5
                                                each assets described in the
                                                description of class 45.0 which was
                                                held by the taxpayer on April 15,
                                                1976, or is acquired by the
                                                taxpayer pursuant to a contract
                                                which was, on April 15, 1976, and
                                                at all times thereafter, binding on
                                                the taxpayer. This criterion of
                                                classification based on binding
                                                contact concept is to be applied in
                                                the same manner as under the
                                                general rules expressed in section
                                                49(b)(1), (4), (5) and (8) of the
                                                Code (as in effect prior to its
                                                repeal by the Revenue Act of 1978,
                                                section 312(c)(1), (d), 1978-3 C.B.
                                                1, 60).
48.121.......................................  Computer-based Telephone Central            9.5                 5
                                                Office Switching Equipment:
                                                Includes equipment whose function
                                                are those of a computer of
                                                peripheral equipment (as defined in
                                                section 168(i)(2)(B) of the Code)
                                                used in its capacity as telephone
                                                central office equipment. Does not
                                                include private exchange (PBX)
                                                equipment.
48.13........................................  Telephone Station Equipment:                 10                 7
                                                Includes such station apparatus and
                                                connections and teletypewriters,
                                                telephones, booths, private
                                                exchanges, and comparable equipment
                                                as defined in Federal Communication
                                                Commission Part 31 Account Nos 231,
                                                232, and 234.
48.2.........................................  Radio and Television Broadcastings:           6                 5
                                                Includes assets used in radio and
                                                television broadcasting, except
                                                transmitting towers..
                                               Telegraph, Ocean Cable, and
                                                Satellite Communications (TOCSC)
                                                includes communications-related
                                                assets used to provide domestic and
                                                international radio-telegraph, wire-
                                                telegraph, ocean-cable, and
                                                satellite communications services;
                                                also includes related land
                                                improvements. If property described
                                                in Classes 48.31-48.45 is
                                                comparable to telephone
                                                distribution plant described in
                                                Class 48.14 and used for 2-way
                                                exchange of voice and data
                                                communication which is the
                                                equivalent of telephone
                                                communication, such property is
                                                assigned a class life of 24 years
                                                under this revenue procedure.
                                                Comparable equipment does not
                                                include cable television equipment
                                                used primarily for 1-way
                                                communication.
48.32........................................  TOCSC--High Frequency Radio and              13                 7
                                                Microwave Systems: Includes assets
                                                such as transmitters and receivers,
                                                antenna supporting structure,
                                                antennas, transmission lines from
                                                equipment to antenna, transmitter
                                                cooling systems, and control and
                                                amplification equipment. Does not
                                                include cable and long-line systems.
48.35........................................  TOCSC--Computerized Switching,             10.5                 7
                                                Channeling, and Associated Control
                                                Equipment: Includes central office
                                                switching computers, interfacing
                                                computers, other associated
                                                specialized control equipment, and
                                                site improvements.
48.36........................................  TOCSC--Satellite Ground Segment              10                 7
                                                Property: Includes assets such as
                                                fixed earth station equipment,
                                                antennas, satellite communications
                                                equipment, and interface equipment
                                                used in satellite communications.
                                                Does not include general purpose
                                                equipment or equipment used in
                                                satellite space segment property.
48.37........................................  TOCSC--Satellite Space Segment                8                 5
                                                Property: Includes satellites and
                                                equipment used for telemetry,
                                                tracking, control, and monitoring
                                                when used in satellite
                                                communications.
48.38........................................  TOCSC--Equipment Installed on                10                 7
                                                Customer's Premises: Includes
                                                assets installed on customer's
                                                premises, such as computers,
                                                terminal equipment, power
                                                generation and distribution
                                                systems, private switching center,
                                                teleprinters, facsimile equipment
                                                and other associated and related
                                                equipment.
48.39........................................  TOCSC--Support and Service                 13.5                 7
                                                Equipment: Includes assets used to
                                                support but not engage in
                                                communications. Includes store,
                                                warehouse and shop tools and test
                                                and laboratory assets.
                                               Cable Television (CATV): Includes
                                                communications-related assets used
                                                to provide cable television
                                                community antenna television
                                                services. Does not include assets
                                                used to provide subscribers with
                                                two-way communications services.
48.41........................................  CATV--Headend: Includes assets such          11                 7
                                                as towers, antennas, preamplifiers,
                                                converters, modulation equipment,
                                                and program non-duplication
                                                systems. Does not include headend
                                                building and program origination
                                                assets.
48.42........................................  CATV--Subscriber Connection and              10                 7
                                                Distribution Systems: Includes
                                                assets such as trunk and feeder
                                                cable, connecting hardware,
                                                amplifiers, power equipment,
                                                passive devices, direction taps,
                                                pedestals, pressure taps, drop
                                                cables, matching transformers,
                                                multiple set connector equipment,
                                                and converters.
48.43........................................  CATV--Program Origination: Includes           9                 5
                                                assets such as cameras, film
                                                chains, video tape recorders,
                                                lighting, and remote location
                                                equipment excluding vehicles. Does
                                                not include buildings and their
                                                structural components.
48.44........................................  CATV--Service and Test: Includes            8.5                 5
                                                assets such as oscilloscopes, field
                                                strength meters, spectrum
                                                analyzers, and cable testing
                                                equipment, but does not include
                                                vehicles.
48.45........................................  CATV--Microwave Systems: Includes           9.5                 5
                                                assets such as towers, antennas,
                                                transmitting and receiving
                                                equipment, and broadband microwave
                                                assets used in the provision of
                                                cable television services. Does not
                                                include assets used in the
                                                provision of common carrier
                                                services.
49.121.......................................  Electric Utility Nuclear Fuel                 5                 5
                                                Assemblies: Includes initial core
                                                and replacement core nuclear fuel
                                                assemblies (i.e., the composite of
                                                fabricated nuclear fuel and
                                                container) when used in a boiling
                                                water, pressurized water, or high
                                                temperature gas reactor used in the
                                                production of electricity. Does not
                                                include nuclear fuel assemblies
                                                used in breader reactors.
49.222.......................................  Gas Utility Substitute Natural Gas           14                 7
                                                (SNG) Production Plant (naphtha or
                                                lighter hydrocarbon feedstocks):
                                                Includes assets used in the
                                                catalytic conversion of feedstocks
                                                or naphtha or lighter hydrocarbons
                                                to a gaseous fuel which is
                                                completely interchangeable with
                                                domestic natural gas.
49.23........................................  Natural Gas Production Plant........         14                 7
49.5.........................................  Waste Reduction and Resource                 10                 7
                                                Recovery Plants: Includes assets
                                                used in the conversion of refuse or
                                                other solid waste or biomass to
                                                heat or to a solid, liquid, or
                                                gaseous fuel. Also includes all
                                                process plant equipment and
                                                structures at the site used to
                                                receive, handle, collect, and
                                                process refuse or other solid waste
                                                or biomass in a waterwall,
                                                combustion system, oil or gas
                                                pyrolysis system, or refuse derived
                                                fuel system to create hot water,
                                                gas steam and electricity. Includes
                                                material recovery and support
                                                assets used in refuse or solid
                                                refuse or solid waste receiving,
                                                collecting, handling, sorting,
                                                shredding, classifying, and
                                                separation systems. Does not
                                                include any package boilers, or
                                                electric generators and related
                                                assets such as electricity, hot
                                                water, steam and manufactured gas
                                                production plants classified in
                                                classes 00.4, 49.13, 49.221, and
                                                49.4. Does include, however, all
                                                other utilities such as water
                                                supply and treatment facilities,
                                                ash handling and other related land
                                                improvements of a waste reduction
                                                and resource recovery plant.
57.0.........................................  Distributive Trades and Services:             9                 5
                                                Includes assets used in wholesale
                                                and retail trade, and personal and
                                                professional services. Includes
                                                section 1245 assets used in
                                                marketing petroleum and petroleum
                                                products.
79.0.........................................  Recreation: Includes assets used in          10                 7
                                                the provision of entertainment
                                                services on payment of a fee or
                                                admission charge, as in the
                                                operation of bowling alleys,
                                                billiard and pool establishments,
                                                theaters, concert halls, and
                                                miniature golf courses. Does not
                                                include amusement and theme parks
                                                and assets which consist primarily
                                                of specialized land improvements or
                                                structures, such as golf courses,
                                                sports stadia, racetracks, ski
                                                slopes, and buildings which house
                                                the assets used in entertainment
                                                services.

[[Page 553]]

 
80.0.........................................  Theme and Amusement Parks: Includes        12.5                 7
                                                assets used in the provision of
                                                rides, attractions, and amusements
                                                in activities defined as theme and
                                                amusement parks, and includes
                                                appurtenances associated with a
                                                ride, attraction, amusement or
                                                theme setting within the park such
                                                as ticket booths, facades, shop
                                                interiors, and props, special
                                                purpose structures, and buildings
                                                other than warehouses,
                                                administration buildings, hotels,
                                                and motels. Includes all land
                                                improvements for or in support of
                                                park activities (e.g., parking
                                                lots, sidewalks, waterways,
                                                bridges, fences, landscaping,
                                                etc.), and support functions (e.g.,
                                                food and beverage retailing,
                                                souvenir vending and other
                                                nonlodging accommodations) if owned
                                                by the park and provided
                                                exclusively for the benefit of park
                                                patrons. Theme and amusement parks
                                                are defined as combinations of
                                                amusements, rides, and attractions
                                                which are permanently situated on
                                                park land and open to the public
                                                for the price of admission. This
                                                guideline class is a composite of
                                                all assets used in this industry
                                                except transportation equipment
                                                (general purpose trucks, cars,
                                                airplanes, etc., which are included
                                                in asset guideline classes with the
                                                prefix 00.2), assets used in the
                                                provision of administrative
                                                services (asset classes with the
                                                prefix 00.1) and warehouses,
                                                administration buildings, hotels
                                                and motels.
----------------------------------------------------------------------------------------------------------------

          [From the Wall Street Journal Online, Jan. 12, 2008]

                         The JFK Stimulus Plan

              (By Ernest S. Christian and Gary A. Robbins)

       Got an economic downturn? Need a stimulus package? Why not 
     adopt full or partial first-year expensing (or its cousin, 
     the investment tax credit), which has come to the rescue many 
     times since 1962, when President John F. Kennedy first 
     administered this type of remedy to the economy?
       By allowing more of the cost of machinery and equipment to 
     be deducted more quickly, first-year expensing causes new 
     investment to be made sooner. More investment means more 
     productivity--and 80% of the net benefit from increased 
     productivity goes to labor. Expensing is a no-risk tax cut. 
     It worked four times in the 1960s and 1970s. It worked in 
     1981-1982 and again in 2002-2004.
       It also has bipartisan appeal. Democrat Dan Rostenkowski 
     proposed it in 1981, when he was Chairman of the House Ways 
     and Means Committee. More recently, Democrat Max Baucus, the 
     current Chairman of the Senate Finance Committee, was the 
     Senate sponsor of 30% partial expensing in 2002.
       During the recession that started in 2000, the economy did 
     not respond much to a Keynesian tax cut in 2001, consisting 
     mostly of a new 10% bottom bracket for individuals and a 
     child credit. In the first quarter of 2001, real investment 
     began falling at an annual rate of 6%. The decline was 
     stopped by the 30% partial expensing enacted in the spring of 
     2002. Investment started rising again at a real annual rate 
     of 9% beginning with the enactment in 2003 of 50% partial 
     expensing, in combination with lower rates of tax on capital 
     gains and dividends.
       Expensing is the favorite of tightfisted budgeters because 
     ultimately it pays for most of its cost. This is true even 
     when the Treasury uses old-fashioned static revenue estimates 
     that do not take into account feedback revenues from the 
     large amount of induced economic growth. Expensing is the 
     low-cost remedy because it does not create any new 
     deductions, but merely accelerates forward in time currently 
     allowable depreciation write-offs.
       Much of the revenue payback starts quickly. In the case of 
     a full, first-year deduction for the cost of equipment with a 
     five-year depreciation life, the Treasury gets 52% of its 
     money back in the first two years. The economy gets a boost 
     even quicker.
       In terms of the real benefit from capital investment--
     induced economic growth and higher living standards--first-
     year expensing produces enormous bang for the buck. 
     Experience in 2003-2004 shows that new orders for 
     manufacturing equipment and other business durables begin to 
     be placed within weeks of the enactment date. Small 
     businesses and other producers will not order what they do 
     not need. But when the price goes down (which is the effect 
     of expensing), they can afford to order what they do need 
     more quickly, and in larger volumes.
       An analysis for the Institute for Policy Innovation in 2001 
     concluded that, over time, each $1 of tax cut from first-year 
     expensing produces about $9 of additional GDP growth. The 
     high ratio occurs in large part because more capital 
     investment leads to more employment and higher wages.
       Expensing is not the favorite of the financial accountants 
     who treat it as a tax deferral rather than a tax cut--and for 
     that reason it is probably also not the favorite of some 
     corporate financial officers. But it ranks very high with 
     economists, tax reformers and many members of Congress. In 
     fact, first-year expensing is not a stimulant for emergency 
     use only. It is the correct way to treat capital investment 
     and is, therefore, a key component of all mainstream tax-
     reform proposals.
       A surefire economic stimulus with an exceptional pedigree 
     that ultimately pays for most of its cost and can get enacted 
     ought to be at the top of the list for inclusion in President 
     George Bush's upcoming State of the Union message. It ought 
     also to be made a permanent part of the tax code.
       Although essentially revenue neutral in the long run, full 
     and permanent fist-year expensing is not ``free'' from a 
     budget-accounting standpoint. The static revenue cost may on 
     average be as much as $80 billion per year until it is paid 
     back. But these sums do not take into account feedbacks, and 
     are relatively small compared to all the money that simply 
     falls through the cracks on the spending side of the budget. 
     And then there are all the earmarks and other waste.
       Surely Congress and the administration can find enough 
     money to finance the temporary cost of a much needed tax 
     reform that will make the American people at least $2.5 
     trillion better off through economic growth.
                                  ____

                                               Chamber of Commerce


                              of the United States of America,

                                 Washington, DC, January 15, 2008.
     Hon. Arlen Specter,
     U.S. Senate,
     Washington, DC.
       Dear Senator Specter: The U.S. Chamber of Commerce, the 
     world's largest business federation representing more than 
     three million businesses and organizations of every size, 
     sector, and region, appreciates the introduction of your 
     legislative proposals that would accelerate cost recovery, 
     The Chamber believes that provisions such as these that 
     promote economic growth should be included in any tax 
     legislation that moves this year.
       The Chamber recognizes that the U.S. economy has weakened 
     and believes that a tax package to combat this economic 
     deterioration should encourage broad based activity. Your 
     accelerated cost recovery proposals would, in the short run, 
     act as an insurance policy by encouraging immediate 
     investment, and, in the long run, would increase productivity 
     and further the prospects for long-term economic growth.
       Thank you for your leadership on this issue. The Chamber 
     looks forward to working with you to ensure that it is 
     considered in the coming debate on the economy.
           Sincerely,

                                              R. Bruce Josten,

                                         Executive Vice President,
     Government Affairs.
                                  ____



                                                  U.S. Senate,

                                 Washington, DC, January 18, 2008.
     Hon. Henry M. Paulson, Jr.,
     Secretary, Department of the Treasury, Washington, DC.
       Dear Secretary Paulson: I am writing to bring to your 
     attention two pieces of legislation which I plan to introduce 
     when the Senate returns on Tuesday, January 22, 2008, to 
     provide immediate economic stimulus for an economy hindered 
     by a housing crisis, rising oil prices, unemployment, sagging 
     stock markets, and battered consumer confidence. Both are 
     designed to spur new business investments through the use of 
     partial- and full-expensing. By allowing firms to expense a 
     greater share of the value of an asset in the first year, 
     these proposals free up additional resources for firms to 
     hire more workers and expand their operations.
       The first bill provides two years of ``bonus depreciation'' 
     for all sectors of the economy. Specifically, firms would be 
     allowed to expense fifty percent of the cost of new equipment 
     in the first year the asset is put to use. Remaining value 
     would be deducted over the course of its useful life by using 
     the Internal Revenue Code depreciation schedules.
       The second bill allows a variety of sectors to take 
     advantage of one-hundred percent up-front expensing for new 
     assets that are placed into service during tax years 2008 and 
     2009. Specifically, this legislation would allow all 
     equipment which is currently depreciated on the three-, five-
     , and seven-year schedules to be fully expensed in year one. 
     One particular advantage to this legislation is the minimal 
     cost impact as viewed by the Joint Committee on Taxation. 
     Because revenue legislation is scored over a ten-year window 
     and the tax benefit inferred by this bill still occurs within 
     that span (only quicker), the revenue impact will be 
     negligible.
       I believe that these proposals should be the cornerstone of 
     any economic stimulus package crafted by the Administration 
     and/or Congress. To that end, I urge you to review these 
     proposals and include them in any potential stimulus package.
       Thank you for your attention to this important matter.
           Sincerely,
                                                    Arlen Specter.

[[Page 554]]

     
                                  ____
                                                  U.S. Senate,

                                 Washington, DC, January 16, 2008.
     Hon. Edward P. Lazear,
     Chairman, Council of Economic Advisers,
     Washington, DC.
       Dear Chairman Lazear: I am writing to bring to your 
     attention two pieces of legislation which I plan to introduce 
     when the Senate returns on Tuesday, January 22, 2008, to 
     provide immediate economic stimulus for an economy hindered 
     by a housing crisis, rising oil prices, unemployment, sagging 
     stock markets, and battered consumer confidence. Both are 
     designed to spur new business investments through the use of 
     partial- and full-expensing. By allowing firms to expense a 
     greater share of the value of an asset in the first year, 
     these proposals free up additional resources for firms to 
     hire more workers and expand their operations.
       The first bill provides two years of ``bonus depreciation'' 
     for all sectors of the economy. Specifically, firms would be 
     allowed to expense fifty percent of the cost of new equipment 
     in the first year the asset is put to use. Remaining value 
     would be deducted over the course of its useful life by using 
     the Internal Revenue Code depreciation schedules.
       The second bill allows a variety of sectors to take 
     advantage of 100 percent up-front expensing for new assets 
     that are placed into service during tax years 2008 and 2009. 
     Specifically, this legislation would allow all equipment 
     which is currently depreciated on the three-, five-, and 
     seven-year schedules to be fully expensed in year one. One 
     particular advantage to this legislation is the minimal cost 
     impact as viewed by the Joint Committee on Taxation. Because 
     revenue legislation is scored over a ten-year window and the 
     tax benefit ihferred by this bill still occurs within that 
     span (only quicker), the revenue impact will be negligible.
       I believe that these proposals should be the cornerstone of 
     any economic stimulus package crafted by the Administration 
     and/or Congress. To that end, I urge you to review these 
     proposals and include them in any potential stimulus package 
     drafted by the Administration.
       Thank you for your attention to this important matter.
           Sincerely,
     Arlen Specter.
                                  ____



                              National Restaurant Association,

                                 Washington, DC, January 18, 2008.
       Dear Senator Specter: The National Restaurant Association, 
     founded in 1919, is the leading business association for the 
     restaurant industry, which is comprised of 945,000 restaurant 
     and foodservice outlets and a work force of 13.1 million 
     employees, generating estimated sales of $558 billion in 
     2008.
       Not only are restaurants the cornerstone of the economy, 
     they are also the cornerstone of career opportunities and 
     community involvement. Nearly half of all American adults 
     have worked in a restaurant and 32 percent of adults got 
     their first job experience in a restaurant. Eight out of 10 
     salaried employees in restaurants started as hourly employees 
     and the restaurant industry employs more minority managers 
     than any other industry. Furthermore, more than one in nine 
     restaurants are involved in some type of charitable activity.
       We commend you for introducing this legislation that would 
     help stimulate the economy by allowing businesses, like 
     restaurants, to use partial- and full-expensing and spur on 
     new investments. Under current law, when a company buys an 
     asset that will last longer than one year, the company 
     cannot, under most circumstances, deduct the entire cost and 
     enjoy an immediate tax benefit. Instead, the company must 
     depreciate the cost over the useful life of the asset, taking 
     a tax deduction for a part of the cost each year. By allowing 
     firms to deduct the cost of a new asset in year one, 
     expensing spurs new investments quickly and drives immediate 
     job creation.
       It is clear an economic stimulus package is needed quickly 
     to help the U.S. economy. Restaurants are in the unique 
     position to help by creating more demand for projects that 
     will bring increased opportunity for new construction and 
     improvements to our businesses. The restaurant industry will 
     quickly respond to signals and take advantage of bonus 
     depreciation periods, as we have done in the past, should 
     such provisions be enacted into law.
       Restaurants also have a great opportunity to create more 
     jobs for Americans. Not only will we build new locations and 
     improve existing ones, thereby creating more jobs within the 
     restaurant industry, but we can also generate jobs in other 
     sectors of the economy. According to the Bureau of Economic 
     Analysis, every dollar spent in the construction industry 
     generates an additional $2.39 in spending in the rest of the 
     economy, while every $1 million spent in the construction 
     industry creates more than 28 jobs in the overall economy.
       Again, we commend you and support your efforts with these 
     two pieces of legislation. We look forward to working with 
     you as discussions quickly move forward to craft an economic 
     stimulus package for the country.
           Sincerely,

                                                     John Gay,

                                            Senior Vice President,
                             Government Affairs and Public Policy.
                                 ______
                                 
      By Mr. REID:
  S. 2541. A bill to extend the provisions of the Protect America Act 
of 2007 for an additional 30 days; to the Committee on the Judiciary.
  Mr. REID. Mr. President, 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 
placed in the Record, as follows:

                                S. 2541

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

     SECTION 1. EXTENSION OF THE PROTECT AMERICA ACT OF 2007.

       Subsection (c) of section 6 of the Protect America Act of 
     2007 (Public Law 110-55; 121 Stat. 557; 50 U.S.C. 1803 note) 
     is amended by striking ``180'' and inserting ``210''.
                                 ______
                                 
      By Mrs. FEINSTEIN:
  S. 2542. A bill to amend the Truth in Lending Act to provide for 
enhanced disclosure under an open end credit plan; to the Committee on 
Banking, Housing, and Urban Affairs.
  Mrs. FEINSTEIN. Mr. President, I rise to introduce the Credit Card 
Minimum Payment Notification Act.
  Many Americans now own multiple credit cards. The average American 
has four credit cards, and 1 in 7 Americans hold more than 10 cards.
  The proliferation of credit cards can be traced, in part, to a 
dramatic increase in credit card solicitation. In 1990, credit card 
companies sent about 1.1 billion solicitations to American homes; in 
2006, they sent over 9.2 billion.
  As one would expect, the increase in credit card ownership has also 
yielded an increase in credit card debt. Individuals get 6, 7, or 8 
different credit cards, pay only the minimum payment required, and many 
end up drowning in debt. That happens in case after case.
  Over the past two decades, the credit card debt of American consumers 
has nearly tripled--from $238 billion in 1989 to a staggering $800 
billion in 2005.
  As a result, the average American household now has about $9,500 of 
credit card debt. That is almost twice the average level of credit card 
debt from just 10 years ago.
  In light of these figures it should be no surprise that vast numbers 
of Americans have been filing for bankruptcy in recent years. In 2005--
just before the implementation date of the Bankruptcy Reform Act--over 
2 million non-business bankruptcies were filed.
  Many of these personal bankruptcies are people who utilize credit 
cards. The benefits and flexibility these cards offer are enormously 
attractive. However, these individual credit card holders receive no 
information on the impact of carrying a balance with compounding 
interest. Too often individuals make just the minimum payment. They pay 
it for 1 year, 2 years--they make additional purchases, they get 
another card, and another, and another.
  After, 2 or 3 years, many find that the interest on the debt is 
larger than the total purchases they originally made, such that they 
can never repay these cards--and they do not know what to do about it.
  The Credit Card Minimum Payment Notification Act would help prevent 
this problem. Let me tell you exactly what the bill would do. It would 
require credit card companies to add two items to each consumer's 
monthly credit card statement: A notice warning credit card holders 
that making only the minimum payment each month will increase the 
interest they pay and the amount of time it takes to repay their debt; 
and examples of the amount of time and money required to repay a credit 
card debt if only minimum payments are made.
  If the consumer makes only minimum payments for, 6 consecutive 
months, the amount of time and money required to repay the individual's 
specific credit card debt, under the terms of their credit card 
agreement.
  The bill would also require that a toll-free number be included on 
statements, to allow consumers to call and speak to a live person to 
get an estimate of the time and money required to repay their balance 
if only minimum payments are made.

[[Page 555]]

  If the consumer makes only minimum payments for 6 consecutive months, 
they will receive a toll-free number for an accredited credit 
counseling service.
  The disclosure requirements in this bill would only apply if the 
consumer has a minimum payment that is less than 10 percent of the debt 
on the credit card. Otherwise, none of these disclosures would be 
required on their statement.
  Statistics vary about the number of individuals who make only the 
minimum payments. One study in 2004 determined that 35 million people 
pay only the minimum on their credit cards. In a 2005 poll, 40 percent 
of respondents said that they pay the minimum or slightly more.
  What is certain is that many Americans pay only the minimum, and that 
paying only the minimum has harsh financial consequences.
  I suspect that most people would be surprised to know how much 
interest can pile up when paying the minimum. Take the average 
household, with $9,500 of credit card debt, and the average credit card 
interest rate, which last week was 13.74 percent. If only the 2 percent 
minimum payment is made, it will take them 35 years and $21,799.07 to 
pay off the card.
  That is if the family doesn't spend another cent on their credit 
cards--an unlikely assumption. In other words, the family will need to 
pay over $12,000 in interest to repay just $9,500 of principal.
  For individuals or families with more than average debt, the pitfalls 
are even greater. $20,000 of credit card debt at the average 13.74 
percent interest rate will take 42 years and more than $46,300 to pay 
off if only the minimum payments are made.
  Mr. President, 13.74 percent is only the average rate. Interest rates 
around 20 percent are not uncommon. Penalty interest rates on credit 
cards average 27.3 percent, and seven major credit cards charge penalty 
rates of more than 30 percent.
  Even if we assume only a 20 percent interest rate, a family that has 
the average debt of $9,500 at a 20 percent interest rate and makes the 
minimum payments will need an incredible 82 years and $55,084 to pay 
off that initial $9,500 of debt. That's $45,584 in interest payments--
an amount that approaches 5 times the original debt. These examples are 
far from extreme.
  Last March, the Permanent Subcommittee on Investigations of the 
Committee on Homeland Security and Governmental Affairs heard testimony 
from Wesley Wannemacher, a consumer from Lima, OH.
  Mr. Wannemacher charged $3,200 to a credit card in 2001 and 2002. He 
never charged anything on the card again, but he spent the next 6 years 
struggling to pay it off, as he experienced the kinds of events that 
American households routinely face--unexpected medical expenses, a 
growing family, and so on.
  By early 2007 Mr. Wannemacher had paid $6,300 on the initial $3,200 
in debt, but he still owed $4,400 on the card. Interest charges, late 
fees, and $1,500 in fees for going over the limit--even though the 
balance had only exceeded the limit three times--had resulted in total 
charges of $10,700 for that initial $3,200 in credit.
  Fortunately for Mr. Wannemacher, his credit card company reviewed his 
account--after it became known that he was going to testify to Congress 
about his experience. The remaining balance on his account was 
forgiven.
  Mr. President, testifying before a Senate committee is not something 
that Americans could--or should have to--do to escape from crushing 
credit card debt.
  That is one of the reasons why it is so important for this Congress 
to pass the Credit Card Minimum Payment Notification Act.
  There will always be people who cannot afford to pay more than their 
minimum payments. But there is also a large number of consumers who can 
afford to pay more but feel comfortable paying the minimum payment 
because they don't realize the consequences of doing so.
  Now I am certainly not trying to demonize credit cards or the credit 
card industry. Credit cards are an important part of everyday life, and 
they help the economy operate more smoothly by giving consumers and 
merchants a reliable, convenient way to exchange funds.
  However, I do think that people should understand the dangers of 
paying only their monthly minimums. In this way individuals will be 
able to act responsibly.
  The bottom line is that for many consumers, the two percent minimum 
payment is a financial trap.
  The Credit Card Minimum Payment Notification Act is designed to 
ensure that people are not caught in this trap through lack of 
information. The bill tracks the language of an amendment I cosponsored 
during the debate on the 2005 bankruptcy bill.
  The language of this bill is based on a California law, the 
California Credit Card Payment Warning Act, passed in 2001. 
Unfortunately, in 2002, this California law was struck down in U.S. 
District Court as being preempted by the 1968 Truth in Lending Act.
  The Truth in Lending Act was enacted in part because Congress found 
that, ``The informed use of credit results from an awareness of the 
cost thereof by consumers.''
  This bill would amend the Truth in Lending Act, and would also 
further its core purpose.
  These disclosures will allow consumers to know exactly what it means 
for them to carry a balance and only make minimum payments, so they can 
make informed decisions on credit card use and repayment.
  The disclosure required by this bill is straightforward--how much it 
will cost to pay off the debt if only minimum payments are made, and 
how long it will take to do it. As for expense, my staff tells me that 
on the Web site Cardweb.com, there is a free interest calculator that 
does these calculations in under a second. Moreover, I am told that 
banks make these calculations internally to determine credit risk. The 
expense of making these disclosures would be minimal.
  Percentage rates and balances are constantly changing, and each 
month, the credit card companies are able to assess the minimum 
payment, late fees, over-the-limit fees and finance charges for 
millions of accounts.
  If the credit card companies can put in their bills what the minimum 
monthly payment is, they can certainly figure out how to disclose to 
their customers how much it might cost them if they stick to that 
minimum payment.
  The credit card industry is the most profitable sector of banking, 
and in 2006 it made $36.8 billion in profits--an increase of nearly 80 
percent from their profits in 2000. I don't think they will have any 
trouble implementing the requirements of this bill.
  I believe that this legislation is extraordinarily important and that 
it will reduce bankruptcies. In the face of the subprime mortgage 
crisis, and as we appear to be heading toward a recession, this bill is 
needed now more than ever.
  The harsh effects of the 2005 bankruptcy bill are starting to become 
apparent. I continue to believe that a bill requiring a limited but 
meaningful disclosure by credit card companies is a necessary 
accompaniment. I think you will see consumers acting more cautiously if 
these disclosures are made, and I believe that will be good for the 
bankruptcy courts in terms of reducing their caseloads, and also good 
for American consumers.
  The credit card debt problem facing our Nation is significant. I 
believe that this bill is an important step in providing individuals 
with the information needed to act responsibly, and it does so with a 
minimal burden on the industry.
  I urge my colleagues to support this legislation.
  Mr. President, 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 
printed in the Record, as follows:

                                S. 2542

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

[[Page 556]]



     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Credit Card Minimum Payment 
     Notification Act of 2008''.

     SEC. 2. ENHANCED DISCLOSURE UNDER AN OPEN END CREDIT PLAN.

       Section 127(b) of the Truth in Lending Act (15 U.S.C. 
     1637(b)) is amended by adding at the end the following:
       ``(13) Enhanced disclosure under an open end credit plan.--
       ``(A) In general.--A credit card issuer shall, with each 
     billing statement provided to a cardholder in a State, 
     provide the following on the front of the first page of the 
     billing statement, in type no smaller than that required for 
     any other required disclosure, but in no case in less than 8-
     point capitalized type:
       ``(i) A written statement in the following form: `Minimum 
     Payment Warning: Making only the minimum payment will 
     increase the interest you pay and the time it takes to repay 
     your balance.'.
       ``(ii) Either of the following:

       ``(I) A written statement in the form of and containing the 
     information described in item (aa) or (bb), as applicable, as 
     follows:

       ``(aa) A written 3-line statement, as follows: `A one 
     thousand dollar ($1,000) balance will take 17 years and 3 
     months to pay off at a total cost of two thousand five 
     hundred ninety dollars and thirty-five cents ($2,590.35). A 
     two thousand five hundred dollar ($2,500) balance will take 
     30 years and 3 months to pay off at a total cost of seven 
     thousand seven hundred thirty-three dollars and forty-nine 
     cents ($7,733.49). A five thousand dollar ($5,000) balance 
     will take 40 years and 2 months to pay off at a total cost of 
     sixteen thousand three hundred five dollars and thirty-four 
     cents ($16,305.34). This information is based on an annual 
     percentage rate of 17 percent and a minimum payment of 2 
     percent or ten dollars ($10), whichever is greater.'. In the 
     alternative, a credit card issuer may provide this 
     information for the 3 specified amounts at the annual 
     percentage rate and required minimum payment that are 
     applicable to the cardholder's account. The statement 
     provided shall be immediately preceded by the statement 
     required by clause (i).
       ``(bb) Instead of the information required by item (aa), 
     retail credit card issuers shall provide a written 3-line 
     statement to read, as follows: `A two hundred fifty dollar 
     ($250) balance will take 2 years and 8 months to pay off at a 
     total cost of three hundred twenty-five dollars and twenty-
     four cents ($325.24). A five hundred dollar ($500) balance 
     will take 4 years and 5 months to pay off at a total cost of 
     seven hundred nine dollars and ninety cents ($709.90). A 
     seven hundred fifty dollar ($750) balance will take 5 years 
     and 5 months to pay off at a total cost of one thousand 
     ninety-four dollars and forty-nine cents ($1,094.49). This 
     information is based on an annual percentage rate of 21 
     percent and a minimum payment of 5 percent or ten dollars 
     ($10), whichever is greater.'. In the alternative, a retail 
     credit card issuer may provide this information for the 3 
     specified amounts at the annual percentage rate and required 
     minimum payment that are applicable to the cardholder's 
     account. The statement provided shall be immediately preceded 
     by the statement required by clause (i). A retail credit card 
     issuer is not required to provide this statement if the 
     cardholder has a balance of less than five hundred dollars 
     ($500).

       ``(II) A written statement providing individualized 
     information indicating an estimate of the number of years and 
     months and the approximate total cost to pay off the entire 
     balance due on an open-end credit card account if the 
     cardholder were to pay only the minimum amount due on the 
     open-ended account based upon the terms of the credit 
     agreement. For purposes of this subclause only, if the 
     account is subject to a variable rate, the creditor may make 
     disclosures based on the rate for the entire balance as of 
     the date of the disclosure and indicate that the rate may 
     vary. In addition, the cardholder shall be provided with 
     referrals or, in the alternative, with the `800' telephone 
     number of the National Foundation for Credit Counseling 
     through which the cardholder can be referred, to credit 
     counseling services in, or closest to, the cardholder's 
     county of residence. The credit counseling service shall be 
     in good standing with the National Foundation for Credit 
     Counseling or accredited by the Council on Accreditation for 
     Children and Family Services. The creditor is required to 
     provide, or continue to provide, the information required by 
     this clause only if the cardholder has not paid more than the 
     minimum payment for 6 consecutive months, beginning after 
     July 1, 2002.

       ``(iii)(I) A written statement in the following form: `For 
     an estimate of the time it would take to repay your balance, 
     making only minimum payments, and the total amount of those 
     payments, call this toll-free telephone number: (Insert toll-
     free telephone number).'. This statement shall be provided 
     immediately following the statement required by clause 
     (ii)(I). A credit card issuer is not required to provide this 
     statement if the disclosure required by clause (ii)(II) has 
     been provided.
       ``(II) The toll-free telephone number shall be available 
     between the hours of 8 a.m. and 9 p.m., 7 days a week, and 
     shall provide consumers with the opportunity to speak with a 
     person, rather than a recording, from whom the information 
     described in subclause (I) may be obtained.
       ``(III) The Federal Trade Commission shall establish not 
     later than 1 month after the date of enactment of this 
     paragraph a detailed table illustrating the approximate 
     number of months that it would take and the approximate total 
     cost to repay an outstanding balance if the consumer pays 
     only the required minimum monthly payments and if no other 
     additional charges or fees are incurred on the account, such 
     as additional extension of credit, voluntary credit 
     insurance, late fees, or dishonored check fees by assuming 
     all of the following:

       ``(aa) A significant number of different annual percentage 
     rates.
       ``(bb) A significant number of different account balances, 
     with the difference between sequential examples of balances 
     being no greater than $100.
       ``(cc) A significant number of different minimum payment 
     amounts.
       ``(dd) That only minimum monthly payments are made and no 
     additional charges or fees are incurred on the account, such 
     as additional extensions of credit, voluntary credit 
     insurance, late fees, or dishonored check fees.

       ``(IV) A creditor that receives a request for information 
     described in subclause (I) from a cardholder through the 
     toll-free telephone number disclosed under subclause (I), or 
     who is required to provide the information required by clause 
     (ii)(II), may satisfy the creditor's obligation to disclose 
     an estimate of the time it would take and the approximate 
     total cost to repay the cardholder's balance by disclosing 
     only the information set forth in the table described in 
     subclause (III). Including the full chart along with a 
     billing statement does not satisfy the obligation under this 
     paragraph.
       ``(B) Definitions.--In this paragraph:
       ``(i) Open-end credit card account.--The term `open-end 
     credit card account' means an account in which consumer 
     credit is granted by a creditor under a plan in which the 
     creditor reasonably contemplates repeated transactions, the 
     creditor may impose a finance charge from time to time on an 
     unpaid balance, and the amount of credit that may be extended 
     to the consumer during the term of the plan is generally made 
     available to the extent that any outstanding balance is 
     repaid and up to any limit set by the creditor.
       ``(ii) Retail credit card.--The term `retail credit card' 
     means a credit card that is issued by or on behalf of a 
     retailer, or a private label credit card, that is limited to 
     customers of a specific retailer.
       ``(C) Exemptions.--
       ``(i) Minimum payment of not less than ten percent.--This 
     paragraph shall not apply in any billing cycle in which the 
     account agreement requires a minimum payment of not less than 
     10 percent of the outstanding balance.
       ``(ii) No finance charges.--This paragraph shall not apply 
     in any billing cycle in which finance charges are not 
     imposed.''.
                                 ______
                                 
      By Mr. ENSIGN (for himself, Mr. Alexander, Mr. Brownback, Mr. 
        Bunning, Mr. Coburn, Mr. Coleman, Mr. Cornyn, Mrs. Dole, Mr. 
        Graham, Mr. Grassley, Mr. Hagel, Mrs. Hutchison, Mr. Inhofe, 
        Mr. Kyl, Mr. McCain, Mr. McConnell, Mr. Roberts, Mr. Sessions, 
        Mr. Shelby, Mr. Thune, Mr. Voinovich, Mr. Hatch, and Mr. Nelson 
        of Nebraska):
  S. 2543. A bill to amend title 18, United States Code, to prohibit 
taking minors across State lines in circumvention of laws requiring the 
involvement of parents in abortion decisions; to the Committee on the 
Judiciary.
 Mr. McCAIN. Mr. President, today in Washington, DC, thousands 
of people of all ages are taking part in the annual March for Life and 
staking a claim for the rights of the unborn. I commend them and am in 
awe of their great dedication to the cause of protecting life. I share 
their strong pro-life beliefs, and I am proud to be an original 
cosponsor of the Child Custody Protection Act that is being introduced 
today.
  This is one of the most important pieces of legislation to be 
introduced during this Congress, and for good reason. While more than 
20 States require a minor to receive parental consent prior to 
obtaining an abortion, these laws are being violated. Today, minors, 
with the assistance of adults--who are not their parents--are being 
transported across State lines to receive abortions without obtaining 
parental consent. We need to end this circumvention of State laws and, 
far more importantly, the consequences such actions have on life.
  This legislation would make it a Federal offense to knowingly 
transport a

[[Page 557]]

minor across a State line for the purpose of an abortion, in 
circumvention of a State's parental consent or notification laws, 
unless it is needed to save the life of the minor. We have attempted to 
enact similar legislation in previous Congresses without success, and 
it is critical that we do not allow opponents to further stall its 
enactment.
  I am and always have been pro-life, and my record during my tenure in 
Congress reflects my strong belief that life is sacred. We must stand 
up for the rights of the unborn and do all that we can to enact this 
important legislation.
                                 ______
                                 
      By Mr. KENNEDY (for himself, Mr. Dodd, Mr. Bingaman, Mr. Harkin, 
        Mr. Reed, Mrs. Clinton, Mr. Obama, and Mr. Brown):
  S. 2544. A bill to provide for a program of temporary extended 
unemployment compensation; to the Committee on Finance.
  Mr. KENNEDY. Mr. President, it is clear that our economy is going 
from bad to worse. Every day the headlines bring more bad news. Fuel 
prices are going through the roof. Millions of families are at risk of 
losing their homes. Bankruptcies have risen by 40 percent in the last 
year alone.
  Most alarming, we are seeing a drastic rise in the number of 
Americans out of work. In December, half a million more Americans were 
unemployed than the month before. Today nearly 8 million Americans are 
looking for a job and can't find one. The national unemployment rate 
has shot up to 5 percent--the biggest increase since the last 
recession. Experts say this number will rise well above 6 percent in 
2009. Vulnerable parts of our population have been hit even harder--
last month, 9 percent of African-American workers were unemployed, up 
sharply from 8.4 percent in November. Latino workers now have an 
unemployment rate of 6 percent.
  What's more, we are seeing a large number of out-of-work Americans 
who still can't find a new job months later. Nearly one out of five 
Americans who is looking for work has been out of a job for over 6 
months--compared with roughly one out of ten in 2001, before the last 
recession. With only 4 million job openings and nearly 8 million 
unemployed Americans, there are two workers for every job. As 
unemployment rises, there will be even more workers competing for each 
job. As highlighted in yesterday's front-page article in the Washington 
Post, this problem is affecting workers across our economy--even those 
with college educations and years of experience can't find work.
  These aren't just statistics. These numbers are coworkers, our 
relatives, our neighbors. For each and every one of those families, a 
pink slip can spell economic disaster.
  Losing a job isn't just losing a paycheck--it can mean losing the 
results of years of hard work and sacrifice.
  For too many families, losing a job means losing health insurance. 
Without insurance, an unexpected hospital stay--from a broken leg or a 
cancer diagnosis--means certain financial disaster. Mr. President, 77 
percent of middle class Americans do not have enough assets to pay 
essential expenses for 3 months. Without a paycheck, the rising price 
of daily necessities--housing, gasoline, and even groceries--becomes 
impossible to afford.
  Our unemployment insurance program is intended to help workers 
weather a job loss. Workers pay into the program throughout their 
careers. If they lose their jobs, they can collect a benefit while they 
look for work. The amounts are modest--typically less than half of a 
worker's regular wages--but they help families to pay their rent, keep 
the house warm, and put food on the table.
  In good economic times, such benefits are enough to tide workers and 
their families over for the few weeks it takes to find a job. But these 
are not good times. It is taking longer and longer for unemployed 
Americans to find new work. Over 1.3 million Americans have been 
looking for a job for 6 months or more. As a result, an increasing 
number of workers have not found a new job by the time their 
unemployment benefits run out. Over the past year, over 2.6 million 
Americans--or 35 percent of all unemployed workers--have exhausted 
their unemployment benefits. Unless we respond soon, these and other 
families will be left in the cold.
  So we must act, and we must act now, to help these workers before 
financial disaster strikes. That is why I am introducing legislation 
today to give workers the help they need and have earned. The Emergency 
Unemployment Compensation Extension Act will ensure that Americans who 
keep looking for work but can't find a job after 6 months will be 
eligible for up to 20 weeks of additional benefits. In very high-
unemployment States, workers could also receive up to 13 more weeks of 
benefits. Because out-of-work families are facing skyrocketing costs of 
gas, home heating, food, and housing, long-term unemployed workers will 
temporarily receive $50 extra each week to help pay their bills.
  Providing this extension is a matter of fairness. We owe it to all 
workers who have lost their jobs in this struggling economy to provide 
help while they look for new jobs. Out-of-work Americans have worked 
hard all their lives. They have paid into the unemployment insurance 
system with the promise they would receive its protection when our 
economy is in crisis. Part of the American Dream is the opportunity to 
work hard, provide for your family, put your children through school, 
and save for retirement. When the economy isn't working the way it 
should and the jobs simply aren't there, we must stick together. We 
must take care of those who can't find a job.
  But there's another major reason to act. Economists agree that 
extending unemployment benefits is a powerful, cost-effective way to 
deliver a boost to the economy. The extension of benefits puts money 
into the hands of those who need assistance the most and are most 
likely to spend it immediately on basic essentials. This means money is 
flowing immediately to local businesses, which will in turn provide a 
further economic boost.
  Indeed, according to a report by Mark Zandi of Moody's, each dollar 
invested in benefits to out-of-work Americans leads to a $1.73 increase 
in growth--the most of any measure tested. That compares with only 
pennies on the dollar for cuts in income tax rates or cuts in taxes on 
investments.
  The Congressional Budget Office agrees. Its report last week on 
short-term economic stimulus found that extending unemployment benefits 
is among the most cost-effective, potent, temporary steps that Congress 
can take to jump-start our economy.
  This is a tried and true approach to helping working families in 
economic downturns. In each recession since the late 1950s, Congress 
has extended unemployment benefits to those who have exhausted their 
benefits and can't find work. It has often done so by overwhelming, 
bipartisan votes. Layoffs don't discriminate by party.
  Extending unemployment benefits is the right thing to do for the 
economy and the fair thing to do for workers. I urge my colleagues to 
join me in helping out-of-work Americans and putting our economy back 
on track.

                          ____________________




                         SUBMITTED RESOLUTIONS

                                 ______
                                 

      SENATE RESOLUTION 419--HONORING THE LIFE AND EXTRAORDINARY 
                      CONTRIBUTIONS OF DIANE WOLF

  Mr. STEVENS (for himself, Mr. Byrd, and Mr. Coleman) submitted the 
following resolution; which was considered and agreed to:

                              S. Res. 419

       Whereas the Senate has heard with profound sorrow and deep 
     regret of the untimely death of Diane Wolf, a member of the 
     Senate Preservation Board of Trustees and a former 
     distinguished member of the United States Commission of Fine 
     Arts; and
       Whereas for over 2 decades Diane Wolf devoted extraordinary 
     personal efforts to and displayed great passion for the 
     preservation and restoration of the United States Capitol 
     Building, and was singularly instrumental in supporting and 
     guiding the early efforts of

[[Page 558]]

     the United States Capitol Preservation Commission and 
     developing the plans for striking the coins commemorating the 
     Bicentennial of the United States Capitol: Now, therefore, be 
     it
       Resolved, That the Senate--
       (1) honors the life and extraordinary contributions of 
     Diane Wolf;
       (2) conveys its sorrow and deepest condolences to the 
     family of Diane Wolf on her untimely death; and
       (3) requests the Secretary of the Senate to convey an 
     enrolled copy of this resolution to the family of Diane Wolf.

                          ____________________




           SENATE RESOLUTION 420--COMMENDING MARTIN P. PAONE

  Mr. REID (for himself, Mr. McConnell, Mr. Akaka, Mr. Alexander, Mr. 
Allard, Mr. Barrasso, Mr. Baucus, Mr. Bayh, Mr. Bennett, Mr. Biden, Mr. 
Bingaman, Mr. Bond, Mrs. Boxer, Mr. Brown, Mr. Brownback, Mr. Bunning, 
Mr. Burr, Mr. Byrd, Ms. Cantwell, Mr. Cardin, Mr. Carper, Mr. Casey, 
Mr. Chambliss, Mrs. Clinton, Mr. Coburn, Mr. Cochran, Mr. Coleman, Ms. 
Collins, Mr. Conrad, Mr. Corker, Mr. Cornyn, Mr. Craig, Mr. Crapo, Mr. 
DeMint, Mr. Dodd, Mrs. Dole, Mr. Domenici, Mr. Dorgan, Mr. Durbin, Mr. 
Ensign, Mr. Enzi, Mr. Feingold, Mrs. Feinstein, Mr. Graham, Mr. 
Grassley, Mr. Gregg, Mr. Hagel, Mr. Harkin, Mr. Hatch, Mrs. Hutchison, 
Mr. Inhofe, Mr. Inouye, Mr. Isakson, Mr. Johnson, Mr. Kennedy, Mr. 
Kerry, Ms. Klobuchar, Mr. Kohl, Mr. Kyl, Ms. Landrieu, Mr. Lautenberg, 
Mr. Leahy, Mr. Levin, Mr. Lieberman, Mrs. Lincoln, Mr. Lugar, Mr. 
Martinez, Mr. McCain, Mrs. McCaskill, Mr. Menendez, Ms. Mikulski, Ms. 
Murkowski, Mrs. Murray, Mr. Nelson of Florida, Mr. Nelson of Nebraska, 
Mr. Obama, Mr. Pryor, Mr. Reed, Mr. Roberts, Mr. Rockefeller, Mr. 
Salazar, Mr. Sanders, Mr. Schumer, Mr. Sessions, Mr. Shelby, Mr. Smith, 
Ms. Snowe, Mr. Specter, Ms. Stabenow, Mr. Stevens, Mr. Sununu, Mr. 
Tester, Mr. Thune, Mr. Vitter, Mr. Voinovich, Mr. Warner, Mr. Webb, Mr. 
Whitehouse, Mr. Wicker, and Mr. Wyden) submitted the following 
resolution; which was considered and agreed to:

                              S. Res. 420

       Whereas Marty Paone has faithfully served the Congress in 
     various capacities over the past 32 years, twenty-eight of 
     which were spent in service to the Senate;
       Whereas Marty Paone is the first person to rise through the 
     ranks of various positions--including Vehicular Placement 
     Specialist--to finally serve with distinction as Secretary 
     for the Minority, and concluding his Senate service as 
     Secretary for the Majority;
       Whereas Marty Paone has at all times discharged the 
     important duties and responsibilities of his office with 
     great efficiency, dedication and diligence;
       Whereas his dedication, good humor, and exceptional service 
     have earned him the respect and admiration of Democratic and 
     Republican Senators, as well as their staffs; Now, therefore 
     be it
       Resolved, that the Senate expresses its appreciation to 
     Marty Paone and commends him for his lengthy, faithful and 
     outstanding service to the Senate.
       The Secretary of the Senate shall transmit a copy of this 
     resolution to Martin P. Paone.

                          ____________________




                   AMENDMENTS SUBMITTED AND PROPOSED

       SA 3893. Mr. BROWNBACK (for himself, Mr. Dorgan, Ms. 
     Cantwell, and Mr. Inouye) submitted an amendment intended to 
     be proposed to amendment SA 3899 proposed by Mr. Dorgan (for 
     himself, Ms. Murkowski, Mr. Baucus, Mr. Kennedy, Mr. Smith, 
     Mr. Nelson of Nebraska, and Mr. Salazar) to the bill S. 1200, 
     to amend the Indian Health Care Improvement Act to revise and 
     extend the Act.
       SA 3894. Mr. BINGAMAN (for himself and Mr. Thune) proposed 
     an amendment to amendment SA 3899 proposed by Mr. Dorgan (for 
     himself, Ms. Murkowski, Mr. Baucus, Mr. Kennedy, Mr. Smith, 
     Mr. Nelson of Nebraska, and Mr. Salazar) to the bill S. 1200, 
     supra.
       SA 3895. Mr. VITTER submitted an amendment intended to be 
     proposed by him to the bill S. 1200, supra; which was ordered 
     to lie on the table.
       SA 3896. Mr. VITTER submitted an amendment intended to be 
     proposed to amendment SA 3899 proposed by Mr. Dorgan (for 
     himself, Ms. Murkowski, Mr. Baucus, Mr. Kennedy, Mr. Smith, 
     Mr. Nelson of Nebraska, and Mr. Salazar) to the bill S. 1200, 
     supra.
       SA 3897. Mr. SMITH (for himself, Ms. Cantwell, Mr. Wyden, 
     Mr. Crapo, and Mrs. Murray) submitted an amendment intended 
     to be proposed by him to the bill S. 1200, supra; which was 
     ordered to lie on the table.
       SA 3898. Mr. BARRASSO submitted an amendment intended to be 
     proposed by him to the bill S. 1200, supra; which was ordered 
     to lie on the table.
       SA 3899. Mr. DORGAN (for himself, Ms. Murkowski, Mr. 
     Baucus, Mr. Kennedy, Mr. Smith, Mr. Nelson of Nebraska, and 
     Mr. Salazar) proposed an amendment to the bill S. 1200, 
     supra.
       SA 3900. Mr. SANDERS (for himself, Mr. Obama, Ms. Cantwell, 
     Mr. Kerry, Ms. Snowe, Ms. Collins, Mr. Sununu, Mr. Menendez, 
     Mr. Leahy, Mrs. Clinton, Mr. Kennedy, and Mr. Durbin) 
     proposed an amendment to amendment SA 3899 proposed by Mr. 
     Dorgan (for himself, Ms. Murkowski, Mr. Baucus, Mr. Kennedy, 
     Mr. Smith, Mr. Nelson of Nebraska, and Mr. Salazar) to the 
     bill S. 1200, supra.

                          ____________________




                           TEXT OF AMENDMENTS

  SA 3893. Mr. BROWNBACK (for himself, Mr. Dorgan, Ms. Cantwell, and 
Mr. Inouye) submitted an amendment intended to be proposed to amendment 
SA 3899 proposed by Mr. Dorgan (for himself, Ms. Murkowski, Mr. Baucus, 
Mr. Kennedy, Mr. Smith, Mr. Nelson of Nebraska, and Mr. Salazar) to the 
bill S. 1200, to amend the Indian Health Care Improvement Act to revise 
and extend the Act; as follows:

       At the end, add the following:

                        TITLE III--MISCELLANEOUS

     SEC. 301. RESOLUTION OF APOLOGY TO NATIVE PEOPLES OF UNITED 
                   STATES.

       (a) Findings.--Congress finds that--
       (1) the ancestors of today's Native Peoples inhabited the 
     land of the present-day United States since time immemorial 
     and for thousands of years before the arrival of people of 
     European descent;
       (2) for millennia, Native Peoples have honored, protected, 
     and stewarded this land we cherish;
       (3) Native Peoples are spiritual people with a deep and 
     abiding belief in the Creator, and for millennia Native 
     Peoples have maintained a powerful spiritual connection to 
     this land, as evidenced by their customs and legends;
       (4) the arrival of Europeans in North America opened a new 
     chapter in the history of Native Peoples;
       (5) while establishment of permanent European settlements 
     in North America did stir conflict with nearby Indian tribes, 
     peaceful and mutually beneficial interactions also took 
     place;
       (6) the foundational English settlements in Jamestown, 
     Virginia, and Plymouth, Massachusetts, owed their survival in 
     large measure to the compassion and aid of Native Peoples in 
     the vicinities of the settlements;
       (7) in the infancy of the United States, the founders of 
     the Republic expressed their desire for a just relationship 
     with the Indian tribes, as evidenced by the Northwest 
     Ordinance enacted by Congress in 1787, which begins with the 
     phrase, ``The utmost good faith shall always be observed 
     toward the Indians'';
       (8) Indian tribes provided great assistance to the 
     fledgling Republic as it strengthened and grew, including 
     invaluable help to Meriwether Lewis and William Clark on 
     their epic journey from St. Louis, Missouri, to the Pacific 
     Coast;
       (9) Native Peoples and non-Native settlers engaged in 
     numerous armed conflicts;
       (10) the Federal Government violated many of the treaties 
     ratified by Congress and other diplomatic agreements with 
     Indian tribes;
       (11) the United States should address the broken treaties 
     and many of the more ill-conceived Federal policies that 
     followed, such as extermination, termination, forced removal 
     and relocation, the outlawing of traditional religions, and 
     the destruction of sacred places;
       (12) the United States forced Indian tribes and their 
     citizens to move away from their traditional homelands and 
     onto federally established and controlled reservations, in 
     accordance with such Acts as the Act of May 28, 1830 (4 Stat. 
     411, chapter 148) (commonly known as the ``Indian Removal 
     Act'');
       (13) many Native Peoples suffered and perished--
       (A) during the execution of the official Federal Government 
     policy of forced removal, including the infamous Trail of 
     Tears and Long Walk;
       (B) during bloody armed confrontations and massacres, such 
     as the Sand Creek Massacre in 1864 and the Wounded Knee 
     Massacre in 1890; and
       (C) on numerous Indian reservations;
       (14) the Federal Government condemned the traditions, 
     beliefs, and customs of Native Peoples and endeavored to 
     assimilate them by such policies as the redistribution of 
     land under the Act of February 8, 1887 (25 U.S.C. 331; 24 
     Stat. 388, chapter 119) (commonly known as the ``General 
     Allotment Act''), and the forcible removal of Native children 
     from their families to faraway boarding schools where their 
     Native practices and languages were degraded and forbidden;
       (15) officials of the Federal Government and private United 
     States citizens harmed Native Peoples by the unlawful 
     acquisition of recognized tribal land and the theft of

[[Page 559]]

     tribal resources and assets from recognized tribal land;
       (16) the policies of the Federal Government toward Indian 
     tribes and the breaking of covenants with Indian tribes have 
     contributed to the severe social ills and economic troubles 
     in many Native communities today;
       (17) despite the wrongs committed against Native Peoples by 
     the United States, Native Peoples have remained committed to 
     the protection of this great land, as evidenced by the fact 
     that, on a per capita basis, more Native Peoples have served 
     in the United States Armed Forces and placed themselves in 
     harm's way in defense of the United States in every major 
     military conflict than any other ethnic group;
       (18) Indian tribes have actively influenced the public life 
     of the United States by continued cooperation with Congress 
     and the Department of the Interior, through the involvement 
     of Native individuals in official Federal Government 
     positions, and by leadership of their own sovereign Indian 
     tribes;
       (19) Indian tribes are resilient and determined to 
     preserve, develop, and transmit to future generations their 
     unique cultural identities;
       (20) the National Museum of the American Indian was 
     established within the Smithsonian Institution as a living 
     memorial to Native Peoples and their traditions; and
       (21) Native Peoples are endowed by their Creator with 
     certain unalienable rights, and among those are life, 
     liberty, and the pursuit of happiness.
       (b) Acknowledgment and Apology.--The United States, acting 
     through Congress--
       (1) recognizes the special legal and political relationship 
     Indian tribes have with the United States and the solemn 
     covenant with the land we share;
       (2) commends and honors Native Peoples for the thousands of 
     years that they have stewarded and protected this land;
       (3) recognizes that there have been years of official 
     depredations, ill-conceived policies, and the breaking of 
     covenants by the Federal Government regarding Indian tribes;
       (4) apologizes on behalf of the people of the United States 
     to all Native Peoples for the many instances of violence, 
     maltreatment, and neglect inflicted on Native Peoples by 
     citizens of the United States;
       (5) expresses its regret for the ramifications of former 
     wrongs and its commitment to build on the positive 
     relationships of the past and present to move toward a 
     brighter future where all the people of this land live 
     reconciled as brothers and sisters, and harmoniously steward 
     and protect this land together;
       (6) urges the President to acknowledge the wrongs of the 
     United States against Indian tribes in the history of the 
     United States in order to bring healing to this land by 
     providing a proper foundation for reconciliation between the 
     United States and Indian tribes; and
       (7) commends the State governments that have begun 
     reconciliation efforts with recognized Indian tribes located 
     in their boundaries and encourages all State governments 
     similarly to work toward reconciling relationships with 
     Indian tribes within their boundaries.
       (c) Disclaimer.--Nothing in this section--
       (1) authorizes or supports any claim against the United 
     States; or
       (2) serves as a settlement of any claim against the United 
     States.
                                 ______
                                 
  SA 3894. Mr. BINGAMAN (for himself and Mr. Thune) proposed an 
amendment to amendment SA 3899 proposed by Mr. Dorgan (for himself, Ms. 
Murkowski, Mr. Baucus, Mr. Kennedy, Mr. Smith, Mr. Nelson of Nebraska, 
and Mr. Salazar) to the bill S. 1200, to amend the Indian Health Care 
Improvement Act to revise and extend the Act; as follows:

       At the end of title II, add the following:

     SEC. ____. LIMITATION ON CHARGES FOR CONTRACT HEALTH SERVICES 
                   PROVIDED TO INDIANS BY MEDICARE PROVIDERS.

       (a) All Providers of Services.--
       (1) In general.--Section 1866(a)(1)(U) of the Social 
     Security Act (42 U.S.C. 1395cc(a)(1)(U)) is amended by 
     striking ``in the case of hospitals which furnish inpatient 
     hospital services for which payment may be made under this 
     title,'' in the matter preceding clause (i).
       (2) Effective date.--The amendment made by paragraph (1) 
     shall apply to Medicare participation agreements in effect 
     (or entered into) on or after the date that is 1 year after 
     the date of enactment of this Act.
       (b) All Suppliers.--
       (1) In general.--Section 1834 of the Social Security Act 
     (42 U.S.C. 1395m) is amended by adding at the end the 
     following new subsection:
       ``(n) Limitation on Charges for Contract Health Services 
     Provided to Indians by Suppliers.--No payment may be made 
     under this title for an item or service furnished by a 
     supplier (as defined in section 1861(d)) unless the supplier 
     agrees (pursuant to a process established by the Secretary) 
     to be a participating provider of medical care both--
       ``(1) under the contract health services program funded by 
     the Indian Health Service and operated by the Indian Health 
     Service, an Indian Tribe, or Tribal Organization (as those 
     terms are defined in section 4 of the Indian Health Care 
     Improvement Act), with respect to items and services that are 
     covered under such program and furnished to an individual 
     eligible for such items and services under such program; and
       ``(2) under any program funded by the Indian Health Service 
     and operated by an urban Indian Organization with respect to 
     the purchase of items and services for an eligible Urban 
     Indian (as those terms are defined in such section 4),

     in accordance with regulations promulgated by the Secretary 
     regarding payment methodology and rates of payment (including 
     the acceptance of no more than such payment rate as payment 
     in full for such items and services.''.
       (2) Effective date.--The amendment made by paragraph (1) 
     shall apply to items and services furnished on or after the 
     date that is 1 year after the date of enactment of this Act.
                                 ______
                                 
  SA 3895. Mr. VITTER submitted an amendment intended to be proposed by 
him to the bill S. 1200, to amend the Indian Health Care Improvement 
Act to revise and extend the Act; which was ordered to lie on the 
table; as follows:

       At the end, add the following:

                        TITLE III--ELECTION LAW

     SEC. 301. APPLICATION OF FECA TO INDIAN TRIBES.

       (a) Contributions and Expenditures by Corporations.--
     Section 316 of the Federal Election Campaign Act of 1971 (2 
     U.S.C. 441b) is amended by adding at the end the following:
       ``(d) Treatment of Indian Tribes as Corporations.--
       ``(1) In general.--In this section, the term `corporation' 
     includes an unincorporated Indian tribe.
       ``(2) Treatment of members as stockholders.--In applying 
     this subsection, a member of an unincorporated Indian tribe 
     shall be treated in the same manner as a stockholder of a 
     corporation.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall apply with respect to any election that occurs on or 
     after the date of enactment of this Act.
                                 ______
                                 
  SA 3896. Mr. VITTER submitted an amendment intended to be proposed to 
amendment SA 3899 proposed by Mr. Dorgan (for himself, Ms. Murkowski, 
Mr. Baucus, Mr. Kennedy, Mr. Smith, Mr. Nelson of Nebraska, and Mr. 
Salazar) to the bill S. 1200, to amend the Indian Health Care 
Improvement Act to revise and extend the Act; as follows:

       Strike section 805 of the Indian Health Care Improvement 
     Act (as amended by section 101(a)) and insert the following:

     ``SEC. 805. LIMITATION RELATING TO ABORTION.

       ``(a) Definition of Health Benefits Coverage.--In this 
     section, the term `health benefits coverage' means a health-
     related service or group of services provided pursuant to a 
     contract, compact, grant, or other agreement.
       ``(b) Limitation.--
       ``(1) In general.--Except as provided in paragraph (2), no 
     funds or facilities of the Service may be used--
       ``(A) to provide any abortion; or
       ``(B) to provide, or pay any administrative cost of, any 
     health benefits coverage that includes coverage of an 
     abortion.
       ``(2) Exceptions.--The limitation described in paragraph 
     (1) shall not apply in any case in which--
       ``(A) a pregnancy is the result of an act of rape, or an 
     act of incest against a minor; or
       ``(B) the woman suffers from a physical disorder, physical 
     injury, or physical illness that, as certified by a 
     physician, would place the woman in danger of death unless an 
     abortion is performed, including a life-endangering physical 
     condition caused by or arising from the pregnancy itself.''.
                                 ______
                                 
  SA 3897. Mr. SMITH (for himself and Ms. Cantwell, Mr. Wyden, Mr. 
Crapo, and Mrs. Murray) submitted an amendment intended to be proposed 
by him to the bill S. 1200, to amend the Indian Health Care Improvement 
Act to revise and extend the Act; which was ordered to lie on the 
table; as follows:

       Strike subsection (f) of section 301 of the Indian Health 
     Care Improvement Act (as amended by section 101) and insert 
     the following:
       ``(f) Development of Innovative Approaches.--The Secretary 
     shall consult and cooperate with Indian Tribes and Tribal 
     Organizations, and confer with Urban Indian Organizations, in 
     developing innovative approaches to address all or part of 
     the total unmet need for construction of health facilities, 
     that may include--
       ``(1) the establishment of an area distribution fund in 
     which a portion of health facility construction funding could 
     be devoted to all Service Areas;
       ``(2) approaches provided for in other provisions of this 
     title; and

[[Page 560]]

       ``(3) other approaches, as the Secretary determines to be 
     appropriate.''.
                                 ______
                                 
  SA 3898. Mr. BARRASSO submitted an amendment intended to be proposed 
by him to the bill S. 1200, to amend the Indian Health Care Improvement 
Act to revise and extend the Act; which was ordered to lie on the 
table; as follows:

       The Indian Health Care Improvement Act (as amended by 
     section 101(a)) is amended--
       (1) by redesignating sections 816 and 817 as sections 817 
     and 818, respectively; and
       (2) by inserting after section 815 the following:

     ``SEC. 816. GAO REPORT ON COORDINATION OF SERVICES.

       ``(a) Study and Evaluation.--The Comptroller General of the 
     United States shall conduct a study, and evaluate the 
     effectiveness, of coordination of health care services 
     provided to Indians--
       ``(1) through Medicare, Medicaid, or SCHIP;
       ``(2) by the Service; or
       ``(3) using funds provided by--
       ``(A) State or local governments; or
       ``(B) Indian Tribes.
       ``(b) Report.--Not later than 18 months after the date of 
     enactment of the Indian Health Care Improvement Act 
     Amendments of 2007, the Comptroller General shall submit to 
     Congress a report--
       ``(1) describing the results of the evaluation under 
     subsection (a); and
       ``(2) containing recommendations of the Comptroller General 
     regarding measures to support and increase coordination of 
     the provision of health care services to Indians as described 
     in subsection (a).''.
                                 ______
                                 
  SA 3899. Mr. DORGAN (for himself, Ms. Murkowski, Mr. Baucus, Mr. 
Kennedy, Mr. Smith, Mr. Nelson of Nebraska, and Mr. Salazar) proposed 
an amendment to the bill S. 1200, to amend the Indian Health Care 
Improvement Act to revise and extend the Act; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Indian 
     Health Care Improvement Act Amendments of 2008''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title; table of contents.

                   TITLE I--AMENDMENTS TO INDIAN LAWS

Sec. 101. Indian Health Care Improvement Act amended.
Sec. 102. Soboba sanitation facilities.
Sec. 103. Native American Health and Wellness Foundation.

 TITLE II--IMPROVEMENT OF INDIAN HEALTH CARE PROVIDED UNDER THE SOCIAL 
                              SECURITY ACT

Sec. 201. Expansion of payments under Medicare, Medicaid, and SCHIP for 
              all covered services furnished by Indian Health Programs.
Sec. 202. Increased outreach to Indians under Medicaid and SCHIP and 
              improved cooperation in the provision of items and 
              services to Indians under Social Security Act health 
              benefit programs.
Sec. 203. Additional provisions to increase outreach to, and enrollment 
              of, Indians in SCHIP and Medicaid.
Sec. 204. Premiums and cost sharing protections under Medicaid, 
              eligibility determinations under Medicaid and SCHIP, and 
              protection of certain Indian property from Medicaid 
              estate recovery.
Sec. 205. Nondiscrimination in qualifications for payment for services 
              under Federal health care programs.
Sec. 206. Consultation on Medicaid, SCHIP, and other health care 
              programs funded under the Social Security Act involving 
              Indian Health Programs and Urban Indian Organizations.
Sec. 207. Exclusion waiver authority for affected Indian Health 
              Programs and safe harbor transactions under the Social 
              Security Act.
Sec. 208. Rules applicable under Medicaid and SCHIP to managed care 
              entities with respect to Indian enrollees and Indian 
              health care providers and Indian managed care entities.
Sec. 209. Annual report on Indians served by Social Security Act health 
              benefit programs.
Sec. 210. Development of recommendations to improve interstate 
              coordination of Medicaid and CHIP coverage of Indian 
              children and other children who are outside of their 
              State of residency because of educational or other needs.
Sec. 211. Establishment of National Child Welfare Resource Center for 
              Tribes.
Sec. 212. Adjustment to the Medicare Advantage stabilization fund.

                   TITLE I--AMENDMENTS TO INDIAN LAWS

     SEC. 101. INDIAN HEALTH CARE IMPROVEMENT ACT AMENDED.

       The Indian Health Care Improvement Act (25 U.S.C. 1601 et 
     seq.) is amended to read as follows:

     ``SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       ``(a) Short Title.--This Act may be cited as the `Indian 
     Health Care Improvement Act'.
       ``(b) Table of Contents.--The table of contents for this 
     Act is as follows:

``Sec. 1. Short title; table of contents.
``Sec. 2. Findings.
``Sec. 3. Declaration of national Indian health policy.
``Sec. 4. Definitions.

       ``TITLE I--INDIAN HEALTH, HUMAN RESOURCES, AND DEVELOPMENT

``Sec. 101. Purpose.
``Sec. 102. Health professions recruitment program for Indians.
``Sec. 103. Health professions preparatory scholarship program for 
              Indians.
``Sec. 104. Indian health professions scholarships.
``Sec. 105. American Indians Into Psychology Program.
``Sec. 106. Scholarship programs for Indian Tribes.
``Sec. 107. Indian Health Service extern programs.
``Sec. 108. Continuing education allowances.
``Sec. 109. Community Health Representative Program.
``Sec. 110. Indian Health Service Loan Repayment Program.
``Sec. 111. Scholarship and Loan Repayment Recovery Fund.
``Sec. 112. Recruitment activities.
``Sec. 113. Indian recruitment and retention program.
``Sec. 114. Advanced training and research.
``Sec. 115. Quentin N. Burdick American Indians Into Nursing Program.
``Sec. 116. Tribal cultural orientation.
``Sec. 117. INMED Program.
``Sec. 118. Health training programs of community colleges.
``Sec. 119. Retention bonus.
``Sec. 120. Nursing residency program.
``Sec. 121. Community Health Aide Program.
``Sec. 122. Tribal Health Program administration.
``Sec. 123. Health professional chronic shortage demonstration 
              programs.
``Sec. 124. National Health Service Corps.
``Sec. 125. Substance abuse counselor educational curricula 
              demonstration programs.
``Sec. 126. Behavioral health training and community education 
              programs.
``Sec. 127. Authorization of appropriations.

                      ``TITLE II--HEALTH SERVICES

``Sec. 201. Indian Health Care Improvement Fund.
``Sec. 202. Catastrophic Health Emergency Fund.
``Sec. 203. Health promotion and disease prevention services.
``Sec. 204. Diabetes prevention, treatment, and control.
``Sec. 205. Shared services for long-term care.
``Sec. 206. Health services research.
``Sec. 207. Mammography and other cancer screening.
``Sec. 208. Patient travel costs.
``Sec. 209. Epidemiology centers.
``Sec. 210. Comprehensive school health education programs.
``Sec. 211. Indian youth program.
``Sec. 212. Prevention, control, and elimination of communicable and 
              infectious diseases.
``Sec. 213. Other authority for provision of services.
``Sec. 214. Indian women's health care.
``Sec. 215. Environmental and nuclear health hazards.
``Sec. 216. Arizona as a contract health service delivery area.
``Sec. 216A. North Dakota and South Dakota as contract health service 
              delivery area.
``Sec. 217. California contract health services program.
``Sec. 218. California as a contract health service delivery area.
``Sec. 219. Contract health services for the Trenton service area.
``Sec. 220. Programs operated by Indian Tribes and Tribal 
              Organizations.
``Sec. 221. Licensing.
``Sec. 222. Notification of provision of emergency contract health 
              services.
``Sec. 223. Prompt action on payment of claims.
``Sec. 224. Liability for payment.
``Sec. 225. Office of Indian Men's Health.
``Sec. 226. Authorization of appropriations.

                        ``TITLE III--FACILITIES

``Sec. 301. Consultation; construction and renovation of facilities; 
              reports.
``Sec. 302. Sanitation facilities.
``Sec. 303. Preference to Indians and Indian firms.
``Sec. 304. Expenditure of non-Service funds for renovation.
``Sec. 305. Funding for the construction, expansion, and modernization 
              of small ambulatory care facilities.

[[Page 561]]

``Sec. 306. Indian health care delivery demonstration projects.
``Sec. 307. Land transfer.
``Sec. 308. Leases, contracts, and other agreements.
``Sec. 309. Study on loans, loan guarantees, and loan repayment.
``Sec. 310. Tribal leasing.
``Sec. 311. Indian Health Service/tribal facilities joint venture 
              program.
``Sec. 312. Location of facilities.
``Sec. 313. Maintenance and improvement of health care facilities.
``Sec. 314. Tribal management of Federally-owned quarters.
``Sec. 315. Applicability of Buy American Act requirement.
``Sec. 316. Other funding for facilities.
``Sec. 317. Authorization of appropriations.

                 ``TITLE IV--ACCESS TO HEALTH SERVICES

``Sec. 401. Treatment of payments under Social Security Act health 
              benefits programs.
``Sec. 402. Grants to and contracts with the Service, Indian Tribes, 
              Tribal Organizations, and Urban Indian Organizations to 
              facilitate outreach, enrollment, and coverage of Indians 
              under Social Security Act health benefit programs and 
              other health benefits programs.
``Sec. 403. Reimbursement from certain third parties of costs of health 
              services.
``Sec. 404. Crediting of reimbursements.
``Sec. 405. Purchasing health care coverage.
``Sec. 406. Sharing arrangements with Federal agencies.
``Sec. 407. Eligible Indian veteran services.
``Sec. 408. Payor of last resort.
``Sec. 409. Nondiscrimination under Federal health care programs in 
              qualifications for reimbursement for services.
``Sec. 410. Consultation.
``Sec. 411. State Children's Health Insurance Program (SCHIP).
``Sec. 412. Exclusion waiver authority for affected Indian Health 
              Programs and safe harbor transactions under the Social 
              Security Act.
``Sec. 413. Premium and cost sharing protections and eligibility 
              determinations under Medicaid and SCHIP and protection of 
              certain Indian property from Medicaid estate recovery.
``Sec. 414. Treatment under Medicaid and SCHIP managed care.
``Sec. 415. Navajo Nation Medicaid Agency feasibility study.
``Sec. 416. General exceptions.
``Sec. 417. Authorization of appropriations.

              ``TITLE V--HEALTH SERVICES FOR URBAN INDIANS

``Sec. 501. Purpose.
``Sec. 502. Contracts with, and grants to, Urban Indian Organizations.
``Sec. 503. Contracts and grants for the provision of health care and 
              referral services.
``Sec. 504. Contracts and grants for the determination of unmet health 
              care needs.
``Sec. 505. Evaluations; renewals.
``Sec. 506. Other contract and grant requirements.
``Sec. 507. Reports and records.
``Sec. 508. Limitation on contract authority.
``Sec. 509. Facilities.
``Sec. 510. Division of Urban Indian Health.
``Sec. 511. Grants for alcohol and substance abuse-related services.
``Sec. 512. Treatment of certain demonstration projects.
``Sec. 513. Urban NIAAA transferred programs.
``Sec. 514. Conferring with Urban Indian Organizations.
``Sec. 515. Urban youth treatment center demonstration.
``Sec. 516. Grants for diabetes prevention, treatment, and control.
``Sec. 517. Community Health Representatives.
``Sec. 518. Effective date.
``Sec. 519. Eligibility for services.
``Sec. 520. Authorization of appropriations.

                ``TITLE VI--ORGANIZATIONAL IMPROVEMENTS

``Sec. 601. Establishment of the Indian Health Service as an agency of 
              the Public Health Service.
``Sec. 602. Automated management information system.
``Sec. 603. Authorization of appropriations.

                ``TITLE VII--BEHAVIORAL HEALTH PROGRAMS

``Sec. 701. Behavioral health prevention and treatment services.
``Sec. 702. Memoranda of agreement with the Department of the Interior.
``Sec. 703. Comprehensive behavioral health prevention and treatment 
              program.
``Sec. 704. Mental health technician program.
``Sec. 705. Licensing requirement for mental health care workers.
``Sec. 706. Indian women treatment programs.
``Sec. 707. Indian youth program.
``Sec. 708. Indian youth telemental health demonstration project.
``Sec. 709. Inpatient and community-based mental health facilities 
              design, construction, and staffing.
``Sec. 710. Training and community education.
``Sec. 711. Behavioral health program.
``Sec. 712. Fetal alcohol spectrum disorders programs.
``Sec. 713. Child sexual abuse and prevention treatment programs.
``Sec. 714. Domestic and sexual violence prevention and treatment.
``Sec. 715. Behavioral health research.
``Sec. 716. Definitions.
``Sec. 717. Authorization of appropriations.

                      ``TITLE VIII--MISCELLANEOUS

``Sec. 801. Reports.
``Sec. 802. Regulations.
``Sec. 803. Plan of implementation.
``Sec. 804. Availability of funds.
``Sec. 805. Limitations.
``Sec. 806. Eligibility of California Indians.
``Sec. 807. Health services for ineligible persons.
``Sec. 808. Reallocation of base resources.
``Sec. 809. Results of demonstration projects.
``Sec. 810. Provision of services in Montana.
``Sec. 811. Tribal employment.
``Sec. 812. Severability provisions.
``Sec. 813. Establishment of National Bipartisan Commission on Indian 
              Health Care.
``Sec. 814. Confidentiality of medical quality assurance records; 
              qualified immunity for participants.
``Sec. 815. Appropriations; availability.
``Sec. 816. Authorization of appropriations.

     ``SEC. 2. FINDINGS.

       ``Congress makes the following findings:
       ``(1) Federal health services to maintain and improve the 
     health of the Indians are consonant with and required by the 
     Federal Government's historical and unique legal relationship 
     with, and resulting responsibility to, the American Indian 
     people.
       ``(2) A major national goal of the United States is to 
     provide the resources, processes, and structure that will 
     enable Indian Tribes and tribal members to obtain the 
     quantity and quality of health care services and 
     opportunities that will eradicate the health disparities 
     between Indians and the general population of the United 
     States.
       ``(3) A major national goal of the United States is to 
     provide the quantity and quality of health services which 
     will permit the health status of Indians to be raised to the 
     highest possible level and to encourage the maximum 
     participation of Indians in the planning and management of 
     those services.
       ``(4) Federal health services to Indians have resulted in a 
     reduction in the prevalence and incidence of preventable 
     illnesses among, and unnecessary and premature deaths of, 
     Indians.
       ``(5) Despite such services, the unmet health needs of the 
     American Indian people are severe and the health status of 
     the Indians is far below that of the general population of 
     the United States.

     ``SEC. 3. DECLARATION OF NATIONAL INDIAN HEALTH POLICY.

       ``Congress declares that it is the policy of this Nation, 
     in fulfillment of its special trust responsibilities and 
     legal obligations to Indians--
       ``(1) to assure the highest possible health status for 
     Indians and Urban Indians and to provide all resources 
     necessary to effect that policy;
       ``(2) to raise the health status of Indians and Urban 
     Indians to at least the levels set forth in the goals 
     contained within the Healthy People 2010 or successor 
     objectives;
       ``(3) to ensure maximum Indian participation in the 
     direction of health care services so as to render the persons 
     administering such services and the services themselves more 
     responsive to the needs and desires of Indian communities;
       ``(4) to increase the proportion of all degrees in the 
     health professions and allied and associated health 
     professions awarded to Indians so that the proportion of 
     Indian health professionals in each Service Area is raised to 
     at least the level of that of the general population;
       ``(5) to require that all actions under this Act shall be 
     carried out with active and meaningful consultation with 
     Indian Tribes and Tribal Organizations, and conference with 
     Urban Indian Organizations, to implement this Act and the 
     national policy of Indian self-determination;
       ``(6) to ensure that the United States and Indian Tribes 
     work in a government-to-government relationship to ensure 
     quality health care for all tribal members; and
       ``(7) to provide funding for programs and facilities 
     operated by Indian Tribes and Tribal Organizations in amounts 
     that are not less than the amounts provided to programs and 
     facilities operated directly by the Service.

     ``SEC. 4. DEFINITIONS.

       ``For purposes of this Act:
       ``(1) The term `accredited and accessible' means on or near 
     a reservation and accredited by a national or regional 
     organization with accrediting authority.
       ``(2) The term `Area Office' means an administrative 
     entity, including a program office, within the Service 
     through which services and funds are provided to the Service 
     Units within a defined geographic area.

[[Page 562]]

       ``(3)(A) The term `behavioral health' means the blending of 
     substance (alcohol, drugs, inhalants, and tobacco) abuse and 
     mental health prevention and treatment, for the purpose of 
     providing comprehensive services.
       ``(B) The term `behavioral health' includes the joint 
     development of substance abuse and mental health treatment 
     planning and coordinated case management using a 
     multidisciplinary approach.
       ``(4) The term `California Indians' means those Indians who 
     are eligible for health services of the Service pursuant to 
     section 806.
       ``(5) The term `community college' means--
       ``(A) a tribal college or university, or
       ``(B) a junior or community college.
       ``(6) The term `contract health service' means health 
     services provided at the expense of the Service or a Tribal 
     Health Program by public or private medical providers or 
     hospitals, other than the Service Unit or the Tribal Health 
     Program at whose expense the services are provided.
       ``(7) The term `Department' means, unless otherwise 
     designated, the Department of Health and Human Services.
       ``(8) The term `Director' means the Director of the 
     Service.
       ``(9) The term `disease prevention' means the reduction, 
     limitation, and prevention of disease and its complications 
     and reduction in the consequences of disease, including--
       ``(A) controlling--
       ``(i) the development of diabetes;
       ``(ii) high blood pressure;
       ``(iii) infectious agents;
       ``(iv) injuries;
       ``(v) occupational hazards and disabilities;
       ``(vi) sexually transmittable diseases; and
       ``(vii) toxic agents; and
       ``(B) providing--
       ``(i) fluoridation of water; and
       ``(ii) immunizations.
       ``(10) The term `health profession' means allopathic 
     medicine, family medicine, internal medicine, pediatrics, 
     geriatric medicine, obstetrics and gynecology, podiatric 
     medicine, nursing, public health nursing, dentistry, 
     psychiatry, osteopathy, optometry, pharmacy, psychology, 
     public health, social work, marriage and family therapy, 
     chiropractic medicine, environmental health and engineering, 
     allied health professions, and any other health profession.
       ``(11) The term `health promotion' means--
       ``(A) fostering social, economic, environmental, and 
     personal factors conducive to health, including raising 
     public awareness about health matters and enabling the people 
     to cope with health problems by increasing their knowledge 
     and providing them with valid information;
       ``(B) encouraging adequate and appropriate diet, exercise, 
     and sleep;
       ``(C) promoting education and work in conformity with 
     physical and mental capacity;
       ``(D) making available safe water and sanitary facilities;
       ``(E) improving the physical, economic, cultural, 
     psychological, and social environment;
       ``(F) promoting culturally competent care; and
       ``(G) providing adequate and appropriate programs, which 
     may include--
       ``(i) abuse prevention (mental and physical);
       ``(ii) community health;
       ``(iii) community safety;
       ``(iv) consumer health education;
       ``(v) diet and nutrition;
       ``(vi) immunization and other prevention of communicable 
     diseases, including HIV/AIDS;
       ``(vii) environmental health;
       ``(viii) exercise and physical fitness;
       ``(ix) avoidance of fetal alcohol spectrum disorders;
       ``(x) first aid and CPR education;
       ``(xi) human growth and development;
       ``(xii) injury prevention and personal safety;
       ``(xiii) behavioral health;
       ``(xiv) monitoring of disease indicators between health 
     care provider visits, through appropriate means, including 
     Internet-based health care management systems;
       ``(xv) personal health and wellness practices;
       ``(xvi) personal capacity building;
       ``(xvii) prenatal, pregnancy, and infant care;
       ``(xviii) psychological well-being;
       ``(xix) family planning;
       ``(xx) safe and adequate water;
       ``(xxi) healthy work environments;
       ``(xxii) elimination, reduction, and prevention of 
     contaminants that create unhealthy household conditions 
     (including mold and other allergens);
       ``(xxiii) stress control;
       ``(xxiv) substance abuse;
       ``(xxv) sanitary facilities;
       ``(xxvi) sudden infant death syndrome prevention;
       ``(xxvii) tobacco use cessation and reduction;
       ``(xxviii) violence prevention; and
       ``(xxix) such other activities identified by the Service, a 
     Tribal Health Program, or an Urban Indian Organization, to 
     promote achievement of any of the objectives described in 
     section 3(2).
       ``(12) The term `Indian', unless otherwise designated, 
     means any person who is a member of an Indian Tribe or is 
     eligible for health services under section 806, except that, 
     for the purpose of sections 102 and 103, the term also means 
     any individual who--
       ``(A)(i) irrespective of whether the individual lives on or 
     near a reservation, is a member of a tribe, band, or other 
     organized group of Indians, including those tribes, bands, or 
     groups terminated since 1940 and those recognized now or in 
     the future by the State in which they reside; or
       ``(ii) is a descendant, in the first or second degree, of 
     any such member;
       ``(B) is an Eskimo or Aleut or other Alaska Native;
       ``(C) is considered by the Secretary of the Interior to be 
     an Indian for any purpose; or
       ``(D) is determined to be an Indian under regulations 
     promulgated by the Secretary.
       ``(13) The term `Indian Health Program' means--
       ``(A) any health program administered directly by the 
     Service;
       ``(B) any Tribal Health Program; or
       ``(C) any Indian Tribe or Tribal Organization to which the 
     Secretary provides funding pursuant to section 23 of the Act 
     of June 25, 1910 (25 U.S.C. 47) (commonly known as the `Buy 
     Indian Act').
       ``(14) The term `Indian Tribe' has the meaning given the 
     term in the Indian Self-Determination and Education 
     Assistance Act (25 U.S.C. 450 et seq.).
       ``(15) The term `junior or community college' has the 
     meaning given the term by section 312(e) of the Higher 
     Education Act of 1965 (20 U.S.C. 1058(e)).
       ``(16) The term `reservation' means any federally 
     recognized Indian Tribe's reservation, Pueblo, or colony, 
     including former reservations in Oklahoma, Indian allotments, 
     and Alaska Native Regions established pursuant to the Alaska 
     Native Claims Settlement Act (43 U.S.C. 1601 et seq.).
       ``(17) The term `Secretary', unless otherwise designated, 
     means the Secretary of Health and Human Services.
       ``(18) The term `Service' means the Indian Health Service.
       ``(19) The term `Service Area' means the geographical area 
     served by each Area Office.
       ``(20) The term `Service Unit' means an administrative 
     entity of the Service, or a Tribal Health Program through 
     which services are provided, directly or by contract, to 
     eligible Indians within a defined geographic area.
       ``(21) The term `telehealth' has the meaning given the term 
     in section 330K(a) of the Public Health Service Act (42 
     U.S.C. 254c-16(a)).
       ``(22) The term `telemedicine' means a telecommunications 
     link to an end user through the use of eligible equipment 
     that electronically links health professionals or patients 
     and health professionals at separate sites in order to 
     exchange health care information in audio, video, graphic, or 
     other format for the purpose of providing improved health 
     care services.
       ``(23) The term `tribal college or university' has the 
     meaning given the term in section 316(b)(3) of the Higher 
     Education Act (20 U.S.C. 1059c(b)(3)).
       ``(24) The term `Tribal Health Program' means an Indian 
     Tribe or Tribal Organization that operates any health 
     program, service, function, activity, or facility funded, in 
     whole or part, by the Service through, or provided for in, a 
     contract or compact with the Service under the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 450 et 
     seq.).
       ``(25) The term `Tribal Organization' has the meaning given 
     the term in the Indian Self-Determination and Education 
     Assistance Act (25 U.S.C. 450 et seq.).
       ``(26) The term `Urban Center' means any community which 
     has a sufficient Urban Indian population with unmet health 
     needs to warrant assistance under title V of this Act, as 
     determined by the Secretary.
       ``(27) The term `Urban Indian' means any individual who 
     resides in an Urban Center and who meets 1 or more of the 
     following criteria:
       ``(A) Irrespective of whether the individual lives on or 
     near a reservation, the individual is a member of a tribe, 
     band, or other organized group of Indians, including those 
     tribes, bands, or groups terminated since 1940 and those 
     tribes, bands, or groups that are recognized by the States in 
     which they reside, or who is a descendant in the first or 
     second degree of any such member.
       ``(B) The individual is an Eskimo, Aleut, or other Alaska 
     Native.
       ``(C) The individual is considered by the Secretary of the 
     Interior to be an Indian for any purpose.
       ``(D) The individual is determined to be an Indian under 
     regulations promulgated by the Secretary.
       ``(28) The term `Urban Indian Organization' means a 
     nonprofit corporate body that (A) is situated in an Urban 
     Center; (B) is governed by an Urban Indian-controlled board 
     of directors; (C) provides for the participation of all 
     interested Indian groups and individuals; and (D) is capable 
     of legally cooperating with other public and private entities 
     for the purpose of performing the activities described in 
     section 503(a).

[[Page 563]]



       ``TITLE I--INDIAN HEALTH, HUMAN RESOURCES, AND DEVELOPMENT

     ``SEC. 101. PURPOSE.

       ``The purpose of this title is to increase, to the maximum 
     extent feasible, the number of Indians entering the health 
     professions and providing health services, and to assure an 
     optimum supply of health professionals to the Indian Health 
     Programs and Urban Indian Organizations involved in the 
     provision of health services to Indians.

     ``SEC. 102. HEALTH PROFESSIONS RECRUITMENT PROGRAM FOR 
                   INDIANS.

       ``(a) In General.--The Secretary, acting through the 
     Service, shall make grants to public or nonprofit private 
     health or educational entities, Tribal Health Programs, or 
     Urban Indian Organizations to assist such entities in meeting 
     the costs of--
       ``(1) identifying Indians with a potential for education or 
     training in the health professions and encouraging and 
     assisting them--
       ``(A) to enroll in courses of study in such health 
     professions; or
       ``(B) if they are not qualified to enroll in any such 
     courses of study, to undertake such postsecondary education 
     or training as may be required to qualify them for 
     enrollment;
       ``(2) publicizing existing sources of financial aid 
     available to Indians enrolled in any course of study referred 
     to in paragraph (1) or who are undertaking training necessary 
     to qualify them to enroll in any such course of study; or
       ``(3) establishing other programs which the Secretary 
     determines will enhance and facilitate the enrollment of 
     Indians in, and the subsequent pursuit and completion by them 
     of, courses of study referred to in paragraph (1).
       ``(b) Grants.--
       ``(1) Application.--The Secretary shall not make a grant 
     under this section unless an application has been submitted 
     to, and approved by, the Secretary. Such application shall be 
     in such form, submitted in such manner, and contain such 
     information, as the Secretary shall by regulation prescribe 
     pursuant to this Act. The Secretary shall give a preference 
     to applications submitted by Tribal Health Programs or Urban 
     Indian Organizations.
       ``(2) Amount of grants; payment.--The amount of a grant 
     under this section shall be determined by the Secretary. 
     Payments pursuant to this section may be made in advance or 
     by way of reimbursement, and at such intervals and on such 
     conditions as provided for in regulations issued pursuant to 
     this Act. To the extent not otherwise prohibited by law, 
     grants shall be for 3 years, as provided in regulations 
     issued pursuant to this Act.

     ``SEC. 103. HEALTH PROFESSIONS PREPARATORY SCHOLARSHIP 
                   PROGRAM FOR INDIANS.

       ``(a) Scholarships Authorized.--The Secretary, acting 
     through the Service, shall provide scholarship grants to 
     Indians who--
       ``(1) have successfully completed their high school 
     education or high school equivalency; and
       ``(2) have demonstrated the potential to successfully 
     complete courses of study in the health professions.
       ``(b) Purposes.--Scholarship grants provided pursuant to 
     this section shall be for the following purposes:
       ``(1) Compensatory preprofessional education of any 
     recipient, such scholarship not to exceed 2 years on a full-
     time basis (or the part-time equivalent thereof, as 
     determined by the Secretary pursuant to regulations issued 
     under this Act).
       ``(2) Pregraduate education of any recipient leading to a 
     baccalaureate degree in an approved course of study 
     preparatory to a field of study in a health profession, such 
     scholarship not to exceed 4 years. An extension of up to 2 
     years (or the part-time equivalent thereof, as determined by 
     the Secretary pursuant to regulations issued pursuant to this 
     Act) may be approved.
       ``(c) Other Conditions.--Scholarships under this section--
       ``(1) may cover costs of tuition, books, transportation, 
     board, and other necessary related expenses of a recipient 
     while attending school;
       ``(2) shall not be denied solely on the basis of the 
     applicant's scholastic achievement if such applicant has been 
     admitted to, or maintained good standing at, an accredited 
     institution; and
       ``(3) shall not be denied solely by reason of such 
     applicant's eligibility for assistance or benefits under any 
     other Federal program.

     ``SEC. 104. INDIAN HEALTH PROFESSIONS SCHOLARSHIPS.

       ``(a) In General.--
       ``(1) Authority.--The Secretary, acting through the 
     Service, shall make scholarship grants to Indians who are 
     enrolled full or part time in accredited schools pursuing 
     courses of study in the health professions. Such scholarships 
     shall be designated Indian Health Scholarships and shall be 
     made in accordance with section 338A of the Public Health 
     Services Act (42 U.S.C. 254l), except as provided in 
     subsection (b) of this section.
       ``(2) Determinations by secretary.--The Secretary, acting 
     through the Service, shall determine--
       ``(A) who shall receive scholarship grants under subsection 
     (a); and
       ``(B) the distribution of the scholarships among health 
     professions on the basis of the relative needs of Indians for 
     additional service in the health professions.
       ``(3) Certain delegation not allowed.--The administration 
     of this section shall be a responsibility of the Director and 
     shall not be delegated in a contract or compact under the 
     Indian Self-Determination and Education Assistance Act (25 
     U.S.C. 450 et seq.).
       ``(b) Active Duty Service Obligation.--
       ``(1) Obligation met.--The active duty service obligation 
     under a written contract with the Secretary under this 
     section that an Indian has entered into shall, if that 
     individual is a recipient of an Indian Health Scholarship, be 
     met in full-time practice equal to 1 year for each school 
     year for which the participant receives a scholarship award 
     under this part, or 2 years, whichever is greater, by service 
     in 1 or more of the following:
       ``(A) In an Indian Health Program.
       ``(B) In a program assisted under title V of this Act.
       ``(C) In the private practice of the applicable profession 
     if, as determined by the Secretary, in accordance with 
     guidelines promulgated by the Secretary, such practice is 
     situated in a physician or other health professional shortage 
     area and addresses the health care needs of a substantial 
     number of Indians.
       ``(D) In a teaching capacity in a tribal college or 
     university nursing program (or a related health profession 
     program) if, as determined by the Secretary, the health 
     service provided to Indians would not decrease.
       ``(2) Obligation deferred.--At the request of any 
     individual who has entered into a contract referred to in 
     paragraph (1) and who receives a degree in medicine 
     (including osteopathic or allopathic medicine), dentistry, 
     optometry, podiatry, or pharmacy, the Secretary shall defer 
     the active duty service obligation of that individual under 
     that contract, in order that such individual may complete any 
     internship, residency, or other advanced clinical training 
     that is required for the practice of that health profession, 
     for an appropriate period (in years, as determined by the 
     Secretary), subject to the following conditions:
       ``(A) No period of internship, residency, or other advanced 
     clinical training shall be counted as satisfying any period 
     of obligated service under this subsection.
       ``(B) The active duty service obligation of that individual 
     shall commence not later than 90 days after the completion of 
     that advanced clinical training (or by a date specified by 
     the Secretary).
       ``(C) The active duty service obligation will be served in 
     the health profession of that individual in a manner 
     consistent with paragraph (1).
       ``(D) A recipient of a scholarship under this section may, 
     at the election of the recipient, meet the active duty 
     service obligation described in paragraph (1) by service in a 
     program specified under that paragraph that--
       ``(i) is located on the reservation of the Indian Tribe in 
     which the recipient is enrolled; or
       ``(ii) serves the Indian Tribe in which the recipient is 
     enrolled.
       ``(3) Priority when making assignments.--Subject to 
     paragraph (2), the Secretary, in making assignments of Indian 
     Health Scholarship recipients required to meet the active 
     duty service obligation described in paragraph (1), shall 
     give priority to assigning individuals to service in those 
     programs specified in paragraph (1) that have a need for 
     health professionals to provide health care services as a 
     result of individuals having breached contracts entered into 
     under this section.
       ``(c) Part-Time Students.--In the case of an individual 
     receiving a scholarship under this section who is enrolled 
     part time in an approved course of study--
       ``(1) such scholarship shall be for a period of years not 
     to exceed the part-time equivalent of 4 years, as determined 
     by the Secretary;
       ``(2) the period of obligated service described in 
     subsection (b)(1) shall be equal to the greater of--
       ``(A) the part-time equivalent of 1 year for each year for 
     which the individual was provided a scholarship (as 
     determined by the Secretary); or
       ``(B) 2 years; and
       ``(3) the amount of the monthly stipend specified in 
     section 338A(g)(1)(B) of the Public Health Service Act (42 
     U.S.C. 254l(g)(1)(B)) shall be reduced pro rata (as 
     determined by the Secretary) based on the number of hours 
     such student is enrolled.
       ``(d) Breach of Contract.--
       ``(1) Specified breaches.--An individual shall be liable to 
     the United States for the amount which has been paid to the 
     individual, or on behalf of the individual, under a contract 
     entered into with the Secretary under this section on or 
     after the date of enactment of the Indian Health Care 
     Improvement Act Amendments of 2008 if that individual--
       ``(A) fails to maintain an acceptable level of academic 
     standing in the educational institution in which he or she is 
     enrolled (such level determined by the educational 
     institution under regulations of the Secretary);
       ``(B) is dismissed from such educational institution for 
     disciplinary reasons;

[[Page 564]]

       ``(C) voluntarily terminates the training in such an 
     educational institution for which he or she is provided a 
     scholarship under such contract before the completion of such 
     training; or
       ``(D) fails to accept payment, or instructs the educational 
     institution in which he or she is enrolled not to accept 
     payment, in whole or in part, of a scholarship under such 
     contract, in lieu of any service obligation arising under 
     such contract.
       ``(2) Other breaches.--If for any reason not specified in 
     paragraph (1) an individual breaches a written contract by 
     failing either to begin such individual's service obligation 
     required under such contract or to complete such service 
     obligation, the United States shall be entitled to recover 
     from the individual an amount determined in accordance with 
     the formula specified in subsection (l) of section 110 in the 
     manner provided for in such subsection.
       ``(3) Cancellation upon death of recipient.--Upon the death 
     of an individual who receives an Indian Health Scholarship, 
     any outstanding obligation of that individual for service or 
     payment that relates to that scholarship shall be canceled.
       ``(4) Waivers and suspensions.--
       ``(A) In general.--The Secretary shall provide for the 
     partial or total waiver or suspension of any obligation of 
     service or payment of a recipient of an Indian Health 
     Scholarship if the Secretary determines that--
       ``(i) it is not possible for the recipient to meet that 
     obligation or make that payment;
       ``(ii) requiring that recipient to meet that obligation or 
     make that payment would result in extreme hardship to the 
     recipient; or
       ``(iii) the enforcement of the requirement to meet the 
     obligation or make the payment would be unconscionable.
       ``(B) Factors for consideration.--Before waiving or 
     suspending an obligation of service or payment under 
     subparagraph (A), the Secretary shall consult with the 
     affected Area Office, Indian Tribes, or Tribal Organizations, 
     or confer with the affected Urban Indian Organizations, and 
     may take into consideration whether the obligation may be 
     satisfied in a teaching capacity at a tribal college or 
     university nursing program under subsection (b)(1)(D).
       ``(5) Extreme hardship.--Notwithstanding any other 
     provision of law, in any case of extreme hardship or for 
     other good cause shown, the Secretary may waive, in whole or 
     in part, the right of the United States to recover funds made 
     available under this section.
       ``(6) Bankruptcy.--Notwithstanding any other provision of 
     law, with respect to a recipient of an Indian Health 
     Scholarship, no obligation for payment may be released by a 
     discharge in bankruptcy under title 11, United States Code, 
     unless that discharge is granted after the expiration of the 
     5-year period beginning on the initial date on which that 
     payment is due, and only if the bankruptcy court finds that 
     the nondischarge of the obligation would be unconscionable.

     ``SEC. 105. AMERICAN INDIANS INTO PSYCHOLOGY PROGRAM.

       ``(a) Grants Authorized.--The Secretary, acting through the 
     Service, shall make grants of not more than $300,000 to each 
     of 9 colleges and universities for the purpose of developing 
     and maintaining Indian psychology career recruitment programs 
     as a means of encouraging Indians to enter the behavioral 
     health field. These programs shall be located at various 
     locations throughout the country to maximize their 
     availability to Indian students and new programs shall be 
     established in different locations from time to time.
       ``(b) Quentin N. Burdick Program Grant.--The Secretary 
     shall provide a grant authorized under subsection (a) to 
     develop and maintain a program at the University of North 
     Dakota to be known as the `Quentin N. Burdick American 
     Indians Into Psychology Program'. Such program shall, to the 
     maximum extent feasible, coordinate with the Quentin N. 
     Burdick Indian Health Programs authorized under section 
     117(b), the Quentin N. Burdick American Indians Into Nursing 
     Program authorized under section 115(e), and existing 
     university research and communications networks.
       ``(c) Regulations.--The Secretary shall issue regulations 
     pursuant to this Act for the competitive awarding of grants 
     provided under this section.
       ``(d) Conditions of Grant.--Applicants under this section 
     shall agree to provide a program which, at a minimum--
       ``(1) provides outreach and recruitment for health 
     professions to Indian communities including elementary, 
     secondary, and accredited and accessible community colleges 
     that will be served by the program;
       ``(2) incorporates a program advisory board comprised of 
     representatives from the tribes and communities that will be 
     served by the program;
       ``(3) provides summer enrichment programs to expose Indian 
     students to the various fields of psychology through 
     research, clinical, and experimental activities;
       ``(4) provides stipends to undergraduate and graduate 
     students to pursue a career in psychology;
       ``(5) develops affiliation agreements with tribal colleges 
     and universities, the Service, university affiliated 
     programs, and other appropriate accredited and accessible 
     entities to enhance the education of Indian students;
       ``(6) to the maximum extent feasible, uses existing 
     university tutoring, counseling, and student support 
     services; and
       ``(7) to the maximum extent feasible, employs qualified 
     Indians in the program.
       ``(e) Active Duty Service Requirement.--The active duty 
     service obligation prescribed under section 338C of the 
     Public Health Service Act (42 U.S.C. 254m) shall be met by 
     each graduate who receives a stipend described in subsection 
     (d)(4) that is funded under this section. Such obligation 
     shall be met by service--
       ``(1) in an Indian Health Program;
       ``(2) in a program assisted under title V of this Act; or
       ``(3) in the private practice of psychology if, as 
     determined by the Secretary, in accordance with guidelines 
     promulgated by the Secretary, such practice is situated in a 
     physician or other health professional shortage area and 
     addresses the health care needs of a substantial number of 
     Indians.
       ``(f) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $2,700,000 for 
     each of fiscal years 2008 through 2017.

     ``SEC. 106. SCHOLARSHIP PROGRAMS FOR INDIAN TRIBES.

       ``(a) In General.--
       ``(1) Grants authorized.--The Secretary, acting through the 
     Service, shall make grants to Tribal Health Programs for the 
     purpose of providing scholarships for Indians to serve as 
     health professionals in Indian communities.
       ``(2) Amount.--Amounts available under paragraph (1) for 
     any fiscal year shall not exceed 5 percent of the amounts 
     available for each fiscal year for Indian Health Scholarships 
     under section 104.
       ``(3) Application.--An application for a grant under 
     paragraph (1) shall be in such form and contain such 
     agreements, assurances, and information as consistent with 
     this section.
       ``(b) Requirements.--
       ``(1) In general.--A Tribal Health Program receiving a 
     grant under subsection (a) shall provide scholarships to 
     Indians in accordance with the requirements of this section.
       ``(2) Costs.--With respect to costs of providing any 
     scholarship pursuant to subsection (a)--
       ``(A) 80 percent of the costs of the scholarship shall be 
     paid from the funds made available pursuant to subsection 
     (a)(1) provided to the Tribal Health Program; and
       ``(B) 20 percent of such costs may be paid from any other 
     source of funds.
       ``(c) Course of Study.--A Tribal Health Program shall 
     provide scholarships under this section only to Indians 
     enrolled or accepted for enrollment in a course of study 
     (approved by the Secretary) in 1 of the health professions 
     contemplated by this Act.
       ``(d) Contract.--
       ``(1) In general.--In providing scholarships under 
     subsection (b), the Secretary and the Tribal Health Program 
     shall enter into a written contract with each recipient of 
     such scholarship.
       ``(2) Requirements.--Such contract shall--
       ``(A) obligate such recipient to provide service in an 
     Indian Health Program or Urban Indian Organization, in the 
     same Service Area where the Tribal Health Program providing 
     the scholarship is located, for--
       ``(i) a number of years for which the scholarship is 
     provided (or the part-time equivalent thereof, as determined 
     by the Secretary), or for a period of 2 years, whichever 
     period is greater; or
       ``(ii) such greater period of time as the recipient and the 
     Tribal Health Program may agree;
       ``(B) provide that the amount of the scholarship--
       ``(i) may only be expended for--

       ``(I) tuition expenses, other reasonable educational 
     expenses, and reasonable living expenses incurred in 
     attendance at the educational institution; and
       ``(II) payment to the recipient of a monthly stipend of not 
     more than the amount authorized by section 338(g)(1)(B) of 
     the Public Health Service Act (42 U.S.C. 254m(g)(1)(B)), with 
     such amount to be reduced pro rata (as determined by the 
     Secretary) based on the number of hours such student is 
     enrolled, and not to exceed, for any year of attendance for 
     which the scholarship is provided, the total amount required 
     for the year for the purposes authorized in this clause; and

       ``(ii) may not exceed, for any year of attendance for which 
     the scholarship is provided, the total amount required for 
     the year for the purposes authorized in clause (i);
       ``(C) require the recipient of such scholarship to maintain 
     an acceptable level of academic standing as determined by the 
     educational institution in accordance with regulations issued 
     pursuant to this Act; and
       ``(D) require the recipient of such scholarship to meet the 
     educational and licensure requirements appropriate to each 
     health profession.
       ``(3) Service in other service areas.--The contract may 
     allow the recipient to serve in another Service Area, 
     provided the Tribal Health Program and Secretary approve and 
     services are not diminished to Indians in the Service Area 
     where the Tribal Health Program providing the scholarship is 
     located.

[[Page 565]]

       ``(e) Breach of Contract.--
       ``(1) Specific breaches.--An individual who has entered 
     into a written contract with the Secretary and a Tribal 
     Health Program under subsection (d) shall be liable to the 
     United States for the Federal share of the amount which has 
     been paid to him or her, or on his or her behalf, under the 
     contract if that individual--
       ``(A) fails to maintain an acceptable level of academic 
     standing in the educational institution in which he or she is 
     enrolled (such level as determined by the educational 
     institution under regulations of the Secretary);
       ``(B) is dismissed from such educational institution for 
     disciplinary reasons;
       ``(C) voluntarily terminates the training in such an 
     educational institution for which he or she is provided a 
     scholarship under such contract before the completion of such 
     training; or
       ``(D) fails to accept payment, or instructs the educational 
     institution in which he or she is enrolled not to accept 
     payment, in whole or in part, of a scholarship under such 
     contract, in lieu of any service obligation arising under 
     such contract.
       ``(2) Other breaches.--If for any reason not specified in 
     paragraph (1), an individual breaches a written contract by 
     failing to either begin such individual's service obligation 
     required under such contract or to complete such service 
     obligation, the United States shall be entitled to recover 
     from the individual an amount determined in accordance with 
     the formula specified in subsection (l) of section 110 in the 
     manner provided for in such subsection.
       ``(3) Cancellation upon death of recipient.--Upon the death 
     of an individual who receives an Indian Health Scholarship, 
     any outstanding obligation of that individual for service or 
     payment that relates to that scholarship shall be canceled.
       ``(4) Information.--The Secretary may carry out this 
     subsection on the basis of information received from Tribal 
     Health Programs involved or on the basis of information 
     collected through such other means as the Secretary deems 
     appropriate.
       ``(f) Relation to Social Security Act.--The recipient of a 
     scholarship under this section shall agree, in providing 
     health care pursuant to the requirements herein--
       ``(1) not to discriminate against an individual seeking 
     care on the basis of the ability of the individual to pay for 
     such care or on the basis that payment for such care will be 
     made pursuant to a program established in title XVIII of the 
     Social Security Act or pursuant to the programs established 
     in title XIX or title XXI of such Act; and
       ``(2) to accept assignment under section 1842(b)(3)(B)(ii) 
     of the Social Security Act for all services for which payment 
     may be made under part B of title XVIII of such Act, and to 
     enter into an appropriate agreement with the State agency 
     that administers the State plan for medical assistance under 
     title XIX, or the State child health plan under title XXI, of 
     such Act to provide service to individuals entitled to 
     medical assistance or child health assistance, respectively, 
     under the plan.
       ``(g) Continuance of Funding.--The Secretary shall make 
     payments under this section to a Tribal Health Program for 
     any fiscal year subsequent to the first fiscal year of such 
     payments unless the Secretary determines that, for the 
     immediately preceding fiscal year, the Tribal Health Program 
     has not complied with the requirements of this section.

     ``SEC. 107. INDIAN HEALTH SERVICE EXTERN PROGRAMS.

       ``(a) Employment Preference.--Any individual who receives a 
     scholarship pursuant to section 104 or 106 shall be given 
     preference for employment in the Service, or may be employed 
     by a Tribal Health Program or an Urban Indian Organization, 
     or other agencies of the Department as available, during any 
     nonacademic period of the year.
       ``(b) Not Counted Toward Active Duty Service Obligation.--
     Periods of employment pursuant to this subsection shall not 
     be counted in determining fulfillment of the service 
     obligation incurred as a condition of the scholarship.
       ``(c) Timing; Length of Employment.--Any individual 
     enrolled in a program, including a high school program, 
     authorized under section 102(a) may be employed by the 
     Service or by a Tribal Health Program or an Urban Indian 
     Organization during any nonacademic period of the year. Any 
     such employment shall not exceed 120 days during any calendar 
     year.
       ``(d) Nonapplicability of Competitive Personnel System.--
     Any employment pursuant to this section shall be made without 
     regard to any competitive personnel system or agency 
     personnel limitation and to a position which will enable the 
     individual so employed to receive practical experience in the 
     health profession in which he or she is engaged in study. Any 
     individual so employed shall receive payment for his or her 
     services comparable to the salary he or she would receive if 
     he or she were employed in the competitive system. Any 
     individual so employed shall not be counted against any 
     employment ceiling affecting the Service or the Department.

     ``SEC. 108. CONTINUING EDUCATION ALLOWANCES.

       ``In order to encourage scholarship and stipend recipients 
     under sections 104, 105, 106, and 115 and health 
     professionals, including community health representatives and 
     emergency medical technicians, to join or continue in an 
     Indian Health Program, in the case of nurses, to obtain 
     training and certification as sexual assault nurse examiners, 
     and to provide their services in the rural and remote areas 
     where a significant portion of Indians reside, the Secretary, 
     acting through the Service, may--
       ``(1) provide programs or allowances to transition into an 
     Indian Health Program, including licensing, board or 
     certification examination assistance, and technical 
     assistance in fulfilling service obligations under sections 
     104, 105, 106, and 115; and
       ``(2) provide programs or allowances to health 
     professionals employed in an Indian Health Program to enable 
     them for a period of time each year prescribed by regulation 
     of the Secretary to take leave of their duty stations for 
     professional consultation, management, leadership, refresher 
     training courses, and, in the case of nurses, additional 
     clinical sexual assault nurse examiner experience to maintain 
     competency or certification.

     ``SEC. 109. COMMUNITY HEALTH REPRESENTATIVE PROGRAM.

       ``(a) In General.--Under the authority of the Act of 
     November 2, 1921 (25 U.S.C. 13) (commonly known as the 
     `Snyder Act'), the Secretary, acting through the Service, 
     shall maintain a Community Health Representative Program 
     under which Indian Health Programs--
       ``(1) provide for the training of Indians as community 
     health representatives; and
       ``(2) use such community health representatives in the 
     provision of health care, health promotion, and disease 
     prevention services to Indian communities.
       ``(b) Duties.--The Community Health Representative Program 
     of the Service, shall--
       ``(1) provide a high standard of training for community 
     health representatives to ensure that the community health 
     representatives provide quality health care, health 
     promotion, and disease prevention services to the Indian 
     communities served by the Program;
       ``(2) in order to provide such training, develop and 
     maintain a curriculum that--
       ``(A) combines education in the theory of health care with 
     supervised practical experience in the provision of health 
     care; and
       ``(B) provides instruction and practical experience in 
     health promotion and disease prevention activities, with 
     appropriate consideration given to lifestyle factors that 
     have an impact on Indian health status, such as alcoholism, 
     family dysfunction, and poverty;
       ``(3) maintain a system which identifies the needs of 
     community health representatives for continuing education in 
     health care, health promotion, and disease prevention and 
     develop programs that meet the needs for continuing 
     education;
       ``(4) maintain a system that provides close supervision of 
     Community Health Representatives;
       ``(5) maintain a system under which the work of Community 
     Health Representatives is reviewed and evaluated; and
       ``(6) promote traditional health care practices of the 
     Indian Tribes served consistent with the Service standards 
     for the provision of health care, health promotion, and 
     disease prevention.

     ``SEC. 110. INDIAN HEALTH SERVICE LOAN REPAYMENT PROGRAM.

       ``(a) Establishment.--The Secretary, acting through the 
     Service, shall establish and administer a program to be known 
     as the Service Loan Repayment Program (hereinafter referred 
     to as the `Loan Repayment Program') in order to ensure an 
     adequate supply of trained health professionals necessary to 
     maintain accreditation of, and provide health care services 
     to Indians through, Indian Health Programs and Urban Indian 
     Organizations.
       ``(b) Eligible Individuals.--To be eligible to participate 
     in the Loan Repayment Program, an individual must--
       ``(1)(A) be enrolled--
       ``(i) in a course of study or program in an accredited 
     educational institution (as determined by the Secretary under 
     section 338B(b)(1)(c)(i) of the Public Health Service Act (42 
     U.S.C. 254l-1(b)(1)(c)(i))) and be scheduled to complete such 
     course of study in the same year such individual applies to 
     participate in such program; or
       ``(ii) in an approved graduate training program in a health 
     profession; or
       ``(B) have--
       ``(i) a degree in a health profession; and
       ``(ii) a license to practice a health profession;
       ``(2)(A) be eligible for, or hold, an appointment as a 
     commissioned officer in the Regular or Reserve Corps of the 
     Public Health Service;
       ``(B) be eligible for selection for civilian service in the 
     Regular or Reserve Corps of the Public Health Service;
       ``(C) meet the professional standards for civil service 
     employment in the Service; or
       ``(D) be employed in an Indian Health Program or Urban 
     Indian Organization without a service obligation; and
       ``(3) submit to the Secretary an application for a contract 
     described in subsection (e).

[[Page 566]]

       ``(c) Application.--
       ``(1) Information to be included with forms.--In 
     disseminating application forms and contract forms to 
     individuals desiring to participate in the Loan Repayment 
     Program, the Secretary shall include with such forms a fair 
     summary of the rights and liabilities of an individual whose 
     application is approved (and whose contract is accepted) by 
     the Secretary, including in the summary a clear explanation 
     of the damages to which the United States is entitled under 
     subsection (l) in the case of the individual's breach of 
     contract. The Secretary shall provide such individuals with 
     sufficient information regarding the advantages and 
     disadvantages of service as a commissioned officer in the 
     Regular or Reserve Corps of the Public Health Service or a 
     civilian employee of the Service to enable the individual to 
     make a decision on an informed basis.
       ``(2) Clear language.--The application form, contract form, 
     and all other information furnished by the Secretary under 
     this section shall be written in a manner calculated to be 
     understood by the average individual applying to participate 
     in the Loan Repayment Program.
       ``(3) Timely availability of forms.--The Secretary shall 
     make such application forms, contract forms, and other 
     information available to individuals desiring to participate 
     in the Loan Repayment Program on a date sufficiently early to 
     ensure that such individuals have adequate time to carefully 
     review and evaluate such forms and information.
       ``(d) Priorities.--
       ``(1) List.--Consistent with subsection (k), the Secretary 
     shall annually--
       ``(A) identify the positions in each Indian Health Program 
     or Urban Indian Organization for which there is a need or a 
     vacancy; and
       ``(B) rank those positions in order of priority.
       ``(2) Approvals.--Notwithstanding the priority determined 
     under paragraph (1), the Secretary, in determining which 
     applications under the Loan Repayment Program to approve (and 
     which contracts to accept), shall--
       ``(A) give first priority to applications made by 
     individual Indians; and
       ``(B) after making determinations on all applications 
     submitted by individual Indians as required under 
     subparagraph (A), give priority to--
       ``(i) individuals recruited through the efforts of an 
     Indian Health Program or Urban Indian Organization; and
       ``(ii) other individuals based on the priority rankings 
     under paragraph (1).
       ``(e) Recipient Contracts.--
       ``(1) Contract required.--An individual becomes a 
     participant in the Loan Repayment Program only upon the 
     Secretary and the individual entering into a written contract 
     described in paragraph (2).
       ``(2) Contents of contract.--The written contract referred 
     to in this section between the Secretary and an individual 
     shall contain--
       ``(A) an agreement under which--
       ``(i) subject to subparagraph (C), the Secretary agrees--

       ``(I) to pay loans on behalf of the individual in 
     accordance with the provisions of this section; and
       ``(II) to accept (subject to the availability of 
     appropriated funds for carrying out this section) the 
     individual into the Service or place the individual with a 
     Tribal Health Program or Urban Indian Organization as 
     provided in clause (ii)(III); and

       ``(ii) subject to subparagraph (C), the individual agrees--

       ``(I) to accept loan payments on behalf of the individual;
       ``(II) in the case of an individual described in subsection 
     (b)(1)--

       ``(aa) to maintain enrollment in a course of study or 
     training described in subsection (b)(1)(A) until the 
     individual completes the course of study or training; and
       ``(bb) while enrolled in such course of study or training, 
     to maintain an acceptable level of academic standing (as 
     determined under regulations of the Secretary by the 
     educational institution offering such course of study or 
     training); and

       ``(III) to serve for a time period (hereinafter in this 
     section referred to as the `period of obligated service') 
     equal to 2 years or such longer period as the individual may 
     agree to serve in the full-time clinical practice of such 
     individual's profession in an Indian Health Program or Urban 
     Indian Organization to which the individual may be assigned 
     by the Secretary;

       ``(B) a provision permitting the Secretary to extend for 
     such longer additional periods, as the individual may agree 
     to, the period of obligated service agreed to by the 
     individual under subparagraph (A)(ii)(III);
       ``(C) a provision that any financial obligation of the 
     United States arising out of a contract entered into under 
     this section and any obligation of the individual which is 
     conditioned thereon is contingent upon funds being 
     appropriated for loan repayments under this section;
       ``(D) a statement of the damages to which the United States 
     is entitled under subsection (l) for the individual's breach 
     of the contract; and
       ``(E) such other statements of the rights and liabilities 
     of the Secretary and of the individual, not inconsistent with 
     this section.
       ``(f) Deadline for Decision on Application.--The Secretary 
     shall provide written notice to an individual within 21 days 
     on--
       ``(1) the Secretary's approving, under subsection (e)(1), 
     of the individual's participation in the Loan Repayment 
     Program, including extensions resulting in an aggregate 
     period of obligated service in excess of 4 years; or
       ``(2) the Secretary's disapproving an individual's 
     participation in such Program.
       ``(g) Payments.--
       ``(1) In general.--A loan repayment provided for an 
     individual under a written contract under the Loan Repayment 
     Program shall consist of payment, in accordance with 
     paragraph (2), on behalf of the individual of the principal, 
     interest, and related expenses on government and commercial 
     loans received by the individual regarding the undergraduate 
     or graduate education of the individual (or both), which 
     loans were made for--
       ``(A) tuition expenses;
       ``(B) all other reasonable educational expenses, including 
     fees, books, and laboratory expenses, incurred by the 
     individual; and
       ``(C) reasonable living expenses as determined by the 
     Secretary.
       ``(2) Amount.--For each year of obligated service that an 
     individual contracts to serve under subsection (e), the 
     Secretary may pay up to $35,000 or an amount equal to the 
     amount specified in section 338B(g)(2)(A) of the Public 
     Health Service Act, whichever is more, on behalf of the 
     individual for loans described in paragraph (1). In making a 
     determination of the amount to pay for a year of such service 
     by an individual, the Secretary shall consider the extent to 
     which each such determination--
       ``(A) affects the ability of the Secretary to maximize the 
     number of contracts that can be provided under the Loan 
     Repayment Program from the amounts appropriated for such 
     contracts;
       ``(B) provides an incentive to serve in Indian Health 
     Programs and Urban Indian Organizations with the greatest 
     shortages of health professionals; and
       ``(C) provides an incentive with respect to the health 
     professional involved remaining in an Indian Health Program 
     or Urban Indian Organization with such a health professional 
     shortage, and continuing to provide primary health services, 
     after the completion of the period of obligated service under 
     the Loan Repayment Program.
       ``(3) Timing.--Any arrangement made by the Secretary for 
     the making of loan repayments in accordance with this 
     subsection shall provide that any repayments for a year of 
     obligated service shall be made no later than the end of the 
     fiscal year in which the individual completes such year of 
     service.
       ``(4) Reimbursements for tax liability.--For the purpose of 
     providing reimbursements for tax liability resulting from a 
     payment under paragraph (2) on behalf of an individual, the 
     Secretary--
       ``(A) in addition to such payments, may make payments to 
     the individual in an amount equal to not less than 20 percent 
     and not more than 39 percent of the total amount of loan 
     repayments made for the taxable year involved; and
       ``(B) may make such additional payments as the Secretary 
     determines to be appropriate with respect to such purpose.
       ``(5) Payment schedule.--The Secretary may enter into an 
     agreement with the holder of any loan for which payments are 
     made under the Loan Repayment Program to establish a schedule 
     for the making of such payments.
       ``(h) Employment Ceiling.--Notwithstanding any other 
     provision of law, individuals who have entered into written 
     contracts with the Secretary under this section shall not be 
     counted against any employment ceiling affecting the 
     Department while those individuals are undergoing academic 
     training.
       ``(i) Recruitment.--The Secretary shall conduct recruiting 
     programs for the Loan Repayment Program and other manpower 
     programs of the Service at educational institutions training 
     health professionals or specialists identified in subsection 
     (a).
       ``(j) Applicability of Law.--Section 214 of the Public 
     Health Service Act (42 U.S.C. 215) shall not apply to 
     individuals during their period of obligated service under 
     the Loan Repayment Program.
       ``(k) Assignment of Individuals.--The Secretary, in 
     assigning individuals to serve in Indian Health Programs or 
     Urban Indian Organizations pursuant to contracts entered into 
     under this section, shall--
       ``(1) ensure that the staffing needs of Tribal Health 
     Programs and Urban Indian Organizations receive consideration 
     on an equal basis with programs that are administered 
     directly by the Service; and
       ``(2) give priority to assigning individuals to Indian 
     Health Programs and Urban Indian Organizations that have a 
     need for health professionals to provide health care services 
     as a result of individuals having breached contracts entered 
     into under this section.
       ``(l) Breach of Contract.--
       ``(1) Specific breaches.--An individual who has entered 
     into a written contract with the Secretary under this section 
     and has not received a waiver under subsection (m) shall be 
     liable, in lieu of any service obligation

[[Page 567]]

     arising under such contract, to the United States for the 
     amount which has been paid on such individual's behalf under 
     the contract if that individual--
       ``(A) is enrolled in the final year of a course of study 
     and--
       ``(i) fails to maintain an acceptable level of academic 
     standing in the educational institution in which he or she is 
     enrolled (such level determined by the educational 
     institution under regulations of the Secretary);
       ``(ii) voluntarily terminates such enrollment; or
       ``(iii) is dismissed from such educational institution 
     before completion of such course of study; or
       ``(B) is enrolled in a graduate training program and fails 
     to complete such training program.
       ``(2) Other breaches; formula for amount owed.--If, for any 
     reason not specified in paragraph (1), an individual breaches 
     his or her written contract under this section by failing 
     either to begin, or complete, such individual's period of 
     obligated service in accordance with subsection (e)(2), the 
     United States shall be entitled to recover from such 
     individual an amount to be determined in accordance with the 
     following formula: A=3Z(t-s/t) in which--
       ``(A) `A' is the amount the United States is entitled to 
     recover;
       ``(B) `Z' is the sum of the amounts paid under this section 
     to, or on behalf of, the individual and the interest on such 
     amounts which would be payable if, at the time the amounts 
     were paid, they were loans bearing interest at the maximum 
     legal prevailing rate, as determined by the Secretary of the 
     Treasury;
       ``(C) `t' is the total number of months in the individual's 
     period of obligated service in accordance with subsection 
     (f); and
       ``(D) `s' is the number of months of such period served by 
     such individual in accordance with this section.
       ``(3) Deductions in medicare payments.--Amounts not paid 
     within such period shall be subject to collection through 
     deductions in Medicare payments pursuant to section 1892 of 
     the Social Security Act.
       ``(4) Time period for repayment.--Any amount of damages 
     which the United States is entitled to recover under this 
     subsection shall be paid to the United States within the 1-
     year period beginning on the date of the breach or such 
     longer period beginning on such date as shall be specified by 
     the Secretary.
       ``(5) Recovery of delinquency.--
       ``(A) In general.--If damages described in paragraph (4) 
     are delinquent for 3 months, the Secretary shall, for the 
     purpose of recovering such damages--
       ``(i) use collection agencies contracted with by the 
     Administrator of General Services; or
       ``(ii) enter into contracts for the recovery of such 
     damages with collection agencies selected by the Secretary.
       ``(B) Report.--Each contract for recovering damages 
     pursuant to this subsection shall provide that the contractor 
     will, not less than once each 6 months, submit to the 
     Secretary a status report on the success of the contractor in 
     collecting such damages. Section 3718 of title 31, United 
     States Code, shall apply to any such contract to the extent 
     not inconsistent with this subsection.
       ``(m) Waiver or Suspension of Obligation.--
       ``(1) In general.--The Secretary shall by regulation 
     provide for the partial or total waiver or suspension of any 
     obligation of service or payment by an individual under the 
     Loan Repayment Program whenever compliance by the individual 
     is impossible or would involve extreme hardship to the 
     individual and if enforcement of such obligation with respect 
     to any individual would be unconscionable.
       ``(2) Canceled upon death.--Any obligation of an individual 
     under the Loan Repayment Program for service or payment of 
     damages shall be canceled upon the death of the individual.
       ``(3) Hardship waiver.--The Secretary may waive, in whole 
     or in part, the rights of the United States to recover 
     amounts under this section in any case of extreme hardship or 
     other good cause shown, as determined by the Secretary.
       ``(4) Bankruptcy.--Any obligation of an individual under 
     the Loan Repayment Program for payment of damages may be 
     released by a discharge in bankruptcy under title 11 of the 
     United States Code only if such discharge is granted after 
     the expiration of the 5-year period beginning on the first 
     date that payment of such damages is required, and only if 
     the bankruptcy court finds that nondischarge of the 
     obligation would be unconscionable.
       ``(n) Report.--The Secretary shall submit to the President, 
     for inclusion in the report required to be submitted to 
     Congress under section 801, a report concerning the previous 
     fiscal year which sets forth by Service Area the following:
       ``(1) A list of the health professional positions 
     maintained by Indian Health Programs and Urban Indian 
     Organizations for which recruitment or retention is 
     difficult.
       ``(2) The number of Loan Repayment Program applications 
     filed with respect to each type of health profession.
       ``(3) The number of contracts described in subsection (e) 
     that are entered into with respect to each health profession.
       ``(4) The amount of loan payments made under this section, 
     in total and by health profession.
       ``(5) The number of scholarships that are provided under 
     sections 104 and 106 with respect to each health profession.
       ``(6) The amount of scholarship grants provided under 
     section 104 and 106, in total and by health profession.
       ``(7) The number of providers of health care that will be 
     needed by Indian Health Programs and Urban Indian 
     Organizations, by location and profession, during the 3 
     fiscal years beginning after the date the report is filed.
       ``(8) The measures the Secretary plans to take to fill the 
     health professional positions maintained by Indian Health 
     Programs or Urban Indian Organizations for which recruitment 
     or retention is difficult.

     ``SEC. 111. SCHOLARSHIP AND LOAN REPAYMENT RECOVERY FUND.

       ``(a) Establishment.--There is established in the Treasury 
     of the United States a fund to be known as the Indian Health 
     Scholarship and Loan Repayment Recovery Fund (hereafter in 
     this section referred to as the `LRRF'). The LRRF shall 
     consist of such amounts as may be collected from individuals 
     under section 104(d), section 106(e), and section 110(l) for 
     breach of contract, such funds as may be appropriated to the 
     LRRF, and interest earned on amounts in the LRRF. All amounts 
     collected, appropriated, or earned relative to the LRRF shall 
     remain available until expended.
       ``(b) Use of Funds.--
       ``(1) By secretary.--Amounts in the LRRF may be expended by 
     the Secretary, acting through the Service, to make payments 
     to an Indian Health Program--
       ``(A) to which a scholarship recipient under section 104 
     and 106 or a loan repayment program participant under section 
     110 has been assigned to meet the obligated service 
     requirements pursuant to such sections; and
       ``(B) that has a need for a health professional to provide 
     health care services as a result of such recipient or 
     participant having breached the contract entered into under 
     section 104, 106, or section 110.
       ``(2) By tribal health programs.--A Tribal Health Program 
     receiving payments pursuant to paragraph (1) may expend the 
     payments to provide scholarships or recruit and employ, 
     directly or by contract, health professionals to provide 
     health care services.
       ``(c) Investment of Funds.--The Secretary of the Treasury 
     shall invest such amounts of the LRRF as the Secretary of 
     Health and Human Services determines are not required to meet 
     current withdrawals from the LRRF. Such investments may be 
     made only in interest bearing obligations of the United 
     States. For such purpose, such obligations may be acquired on 
     original issue at the issue price, or by purchase of 
     outstanding obligations at the market price.
       ``(d) Sale of Obligations.--Any obligation acquired by the 
     LRRF may be sold by the Secretary of the Treasury at the 
     market price.
       ``(e) Effective Date.--This section takes effect on October 
     1, 2009.

     ``SEC. 112. RECRUITMENT ACTIVITIES.

       ``(a) Reimbursement for Travel.--The Secretary, acting 
     through the Service, may reimburse health professionals 
     seeking positions with Indian Health Programs or Urban Indian 
     Organizations, including individuals considering entering 
     into a contract under section 110 and their spouses, for 
     actual and reasonable expenses incurred in traveling to and 
     from their places of residence to an area in which they may 
     be assigned for the purpose of evaluating such area with 
     respect to such assignment.
       ``(b) Recruitment Personnel.--The Secretary, acting through 
     the Service, shall assign 1 individual in each Area Office to 
     be responsible on a full-time basis for recruitment 
     activities.

     ``SEC. 113. INDIAN RECRUITMENT AND RETENTION PROGRAM.

       ``(a) In General.--The Secretary, acting through the 
     Service, shall fund, on a competitive basis, innovative 
     demonstration projects for a period not to exceed 3 years to 
     enable Tribal Health Programs and Urban Indian Organizations 
     to recruit, place, and retain health professionals to meet 
     their staffing needs.
       ``(b) Eligible Entities; Application.--Any Tribal Health 
     Program or Urban Indian Organization may submit an 
     application for funding of a project pursuant to this 
     section.

     ``SEC. 114. ADVANCED TRAINING AND RESEARCH.

       ``(a) Demonstration Program.--The Secretary, acting through 
     the Service, shall establish a demonstration project to 
     enable health professionals who have worked in an Indian 
     Health Program or Urban Indian Organization for a substantial 
     period of time to pursue advanced training or research areas 
     of study for which the Secretary determines a need exists.
       ``(b) Service Obligation.--An individual who participates 
     in a program under subsection (a), where the educational 
     costs are borne by the Service, shall incur an obligation to 
     serve in an Indian Health Program or Urban Indian 
     Organization for a period of obligated service equal to at 
     least the period of

[[Page 568]]

     time during which the individual participates in such 
     program. In the event that the individual fails to complete 
     such obligated service, the individual shall be liable to the 
     United States for the period of service remaining. In such 
     event, with respect to individuals entering the program after 
     the date of enactment of the Indian Health Care Improvement 
     Act Amendments of 2008, the United States shall be entitled 
     to recover from such individual an amount to be determined in 
     accordance with the formula specified in subsection (l) of 
     section 110 in the manner provided for in such subsection.
       ``(c) Equal Opportunity for Participation.--Health 
     professionals from Tribal Health Programs and Urban Indian 
     Organizations shall be given an equal opportunity to 
     participate in the program under subsection (a).

     ``SEC. 115. QUENTIN N. BURDICK AMERICAN INDIANS INTO NURSING 
                   PROGRAM.

       ``(a) Grants Authorized.--For the purpose of increasing the 
     number of nurses, nurse midwives, and nurse practitioners who 
     deliver health care services to Indians, the Secretary, 
     acting through the Service, shall provide grants to the 
     following:
       ``(1) Public or private schools of nursing.
       ``(2) Tribal colleges or universities.
       ``(3) Nurse midwife programs and advanced practice nurse 
     programs that are provided by any tribal college or 
     university accredited nursing program, or in the absence of 
     such, any other public or private institutions.
       ``(b) Use of Grants.--Grants provided under subsection (a) 
     may be used for 1 or more of the following:
       ``(1) To recruit individuals for programs which train 
     individuals to be nurses, nurse midwives, or advanced 
     practice nurses.
       ``(2) To provide scholarships to Indians enrolled in such 
     programs that may pay the tuition charged for such program 
     and other expenses incurred in connection with such program, 
     including books, fees, room and board, and stipends for 
     living expenses.
       ``(3) To provide a program that encourages nurses, nurse 
     midwives, and advanced practice nurses to provide, or 
     continue to provide, health care services to Indians.
       ``(4) To provide a program that increases the skills of, 
     and provides continuing education to, nurses, nurse midwives, 
     and advanced practice nurses.
       ``(5) To provide any program that is designed to achieve 
     the purpose described in subsection (a).
       ``(c) Applications.--Each application for a grant under 
     subsection (a) shall include such information as the 
     Secretary may require to establish the connection between the 
     program of the applicant and a health care facility that 
     primarily serves Indians.
       ``(d) Preferences for Grant Recipients.--In providing 
     grants under subsection (a), the Secretary shall extend a 
     preference to the following:
       ``(1) Programs that provide a preference to Indians.
       ``(2) Programs that train nurse midwives or advanced 
     practice nurses.
       ``(3) Programs that are interdisciplinary.
       ``(4) Programs that are conducted in cooperation with a 
     program for gifted and talented Indian students.
       ``(5) Programs conducted by tribal colleges and 
     universities.
       ``(e) Quentin N. Burdick Program Grant.--The Secretary 
     shall provide 1 of the grants authorized under subsection (a) 
     to establish and maintain a program at the University of 
     North Dakota to be known as the `Quentin N. Burdick American 
     Indians Into Nursing Program'. Such program shall, to the 
     maximum extent feasible, coordinate with the Quentin N. 
     Burdick Indian Health Programs established under section 
     117(b) and the Quentin N. Burdick American Indians Into 
     Psychology Program established under section 105(b).
       ``(f) Active Duty Service Obligation.--The active duty 
     service obligation prescribed under section 338C of the 
     Public Health Service Act (42 U.S.C. 254m) shall be met by 
     each individual who receives training or assistance described 
     in paragraph (1) or (2) of subsection (b) that is funded by a 
     grant provided under subsection (a). Such obligation shall be 
     met by service--
       ``(1) in the Service;
       ``(2) in a program of an Indian Tribe or Tribal 
     Organization conducted under the Indian Self-Determination 
     and Education Assistance Act (25 U.S.C. 450 et seq.) 
     (including programs under agreements with the Bureau of 
     Indian Affairs);
       ``(3) in a program assisted under title V of this Act;
       ``(4) in the private practice of nursing if, as determined 
     by the Secretary, in accordance with guidelines promulgated 
     by the Secretary, such practice is situated in a physician or 
     other health shortage area and addresses the health care 
     needs of a substantial number of Indians; or
       ``(5) in a teaching capacity in a tribal college or 
     university nursing program (or a related health profession 
     program) if, as determined by the Secretary, health services 
     provided to Indians would not decrease.

     ``SEC. 116. TRIBAL CULTURAL ORIENTATION.

       ``(a) Cultural Education of Employees.--The Secretary, 
     acting through the Service, shall require that appropriate 
     employees of the Service who serve Indian Tribes in each 
     Service Area receive educational instruction in the history 
     and culture of such Indian Tribes and their relationship to 
     the Service.
       ``(b) Program.--In carrying out subsection (a), the 
     Secretary shall establish a program which shall, to the 
     extent feasible--
       ``(1) be developed in consultation with the affected Indian 
     Tribes, Tribal Organizations, and Urban Indian Organizations;
       ``(2) be carried out through tribal colleges or 
     universities;
       ``(3) include instruction in American Indian studies; and
       ``(4) describe the use and place of traditional health care 
     practices of the Indian Tribes in the Service Area.

     ``SEC. 117. INMED PROGRAM.

       ``(a) Grants Authorized.--The Secretary, acting through the 
     Service, is authorized to provide grants to colleges and 
     universities for the purpose of maintaining and expanding the 
     Indian health careers recruitment program known as the 
     `Indians Into Medicine Program' (hereinafter in this section 
     referred to as `INMED') as a means of encouraging Indians to 
     enter the health professions.
       ``(b) Quentin N. Burdick Grant.--The Secretary shall 
     provide 1 of the grants authorized under subsection (a) to 
     maintain the INMED program at the University of North Dakota, 
     to be known as the `Quentin N. Burdick Indian Health 
     Programs', unless the Secretary makes a determination, based 
     upon program reviews, that the program is not meeting the 
     purposes of this section. Such program shall, to the maximum 
     extent feasible, coordinate with the Quentin N. Burdick 
     American Indians Into Psychology Program established under 
     section 105(b) and the Quentin N. Burdick American Indians 
     Into Nursing Program established under section 115.
       ``(c) Regulations.--The Secretary, pursuant to this Act, 
     shall develop regulations to govern grants pursuant to this 
     section.
       ``(d) Requirements.--Applicants for grants provided under 
     this section shall agree to provide a program which--
       ``(1) provides outreach and recruitment for health 
     professions to Indian communities including elementary and 
     secondary schools and community colleges located on 
     reservations which will be served by the program;
       ``(2) incorporates a program advisory board comprised of 
     representatives from the Indian Tribes and Indian communities 
     which will be served by the program;
       ``(3) provides summer preparatory programs for Indian 
     students who need enrichment in the subjects of math and 
     science in order to pursue training in the health 
     professions;
       ``(4) provides tutoring, counseling, and support to 
     students who are enrolled in a health career program of study 
     at the respective college or university; and
       ``(5) to the maximum extent feasible, employs qualified 
     Indians in the program.

     ``SEC. 118. HEALTH TRAINING PROGRAMS OF COMMUNITY COLLEGES.

       ``(a) Grants to Establish Programs.--
       ``(1) In general.--The Secretary, acting through the 
     Service, shall award grants to accredited and accessible 
     community colleges for the purpose of assisting such 
     community colleges in the establishment of programs which 
     provide education in a health profession leading to a degree 
     or diploma in a health profession for individuals who desire 
     to practice such profession on or near a reservation or in an 
     Indian Health Program.
       ``(2) Amount of grants.--The amount of any grant awarded to 
     a community college under paragraph (1) for the first year in 
     which such a grant is provided to the community college shall 
     not exceed $250,000.
       ``(b) Grants for Maintenance and Recruiting.--
       ``(1) In general.--The Secretary, acting through the 
     Service, shall award grants to accredited and accessible 
     community colleges that have established a program described 
     in subsection (a)(1) for the purpose of maintaining the 
     program and recruiting students for the program.
       ``(2) Requirements.--Grants may only be made under this 
     section to a community college which--
       ``(A) is accredited;
       ``(B) has a relationship with a hospital facility, Service 
     facility, or hospital that could provide training of nurses 
     or health professionals;
       ``(C) has entered into an agreement with an accredited 
     college or university medical school, the terms of which--
       ``(i) provide a program that enhances the transition and 
     recruitment of students into advanced baccalaureate or 
     graduate programs that train health professionals; and
       ``(ii) stipulate certifications necessary to approve 
     internship and field placement opportunities at Indian Health 
     Programs;
       ``(D) has a qualified staff which has the appropriate 
     certifications;
       ``(E) is capable of obtaining State or regional 
     accreditation of the program described in subsection (a)(1); 
     and
       ``(F) agrees to provide for Indian preference for 
     applicants for programs under this section.
       ``(c) Technical Assistance.--The Secretary shall encourage 
     community colleges described in subsection (b)(2) to 
     establish and maintain programs described in subsection 
     (a)(1) by--

[[Page 569]]

       ``(1) entering into agreements with such colleges for the 
     provision of qualified personnel of the Service to teach 
     courses of study in such programs; and
       ``(2) providing technical assistance and support to such 
     colleges.
       ``(d) Advanced Training.--
       ``(1) Required.--Any program receiving assistance under 
     this section that is conducted with respect to a health 
     profession shall also offer courses of study which provide 
     advanced training for any health professional who--
       ``(A) has already received a degree or diploma in such 
     health profession; and
       ``(B) provides clinical services on or near a reservation 
     or for an Indian Health Program.
       ``(2) May be offered at alternate site.--Such courses of 
     study may be offered in conjunction with the college or 
     university with which the community college has entered into 
     the agreement required under subsection (b)(2)(C).
       ``(e) Priority.--Where the requirements of subsection (b) 
     are met, grant award priority shall be provided to tribal 
     colleges and universities in Service Areas where they exist.

     ``SEC. 119. RETENTION BONUS.

       ``(a) Bonus Authorized.--The Secretary may pay a retention 
     bonus to any health professional employed by, or assigned to, 
     and serving in, an Indian Health Program or Urban Indian 
     Organization either as a civilian employee or as a 
     commissioned officer in the Regular or Reserve Corps of the 
     Public Health Service who--
       ``(1) is assigned to, and serving in, a position for which 
     recruitment or retention of personnel is difficult;
       ``(2) the Secretary determines is needed by Indian Health 
     Programs and Urban Indian Organizations;
       ``(3) has--
       ``(A) completed 2 years of employment with an Indian Health 
     Program or Urban Indian Organization; or
       ``(B) completed any service obligations incurred as a 
     requirement of--
       ``(i) any Federal scholarship program; or
       ``(ii) any Federal education loan repayment program; and
       ``(4) enters into an agreement with an Indian Health 
     Program or Urban Indian Organization for continued employment 
     for a period of not less than 1 year.
       ``(b) Rates.--The Secretary may establish rates for the 
     retention bonus which shall provide for a higher annual rate 
     for multiyear agreements than for single year agreements 
     referred to in subsection (a)(4), but in no event shall the 
     annual rate be more than $25,000 per annum.
       ``(c) Default of Retention Agreement.--Any health 
     professional failing to complete the agreed upon term of 
     service, except where such failure is through no fault of the 
     individual, shall be obligated to refund to the Government 
     the full amount of the retention bonus for the period covered 
     by the agreement, plus interest as determined by the 
     Secretary in accordance with section 110(l)(2)(B).
       ``(d) Other Retention Bonus.--The Secretary may pay a 
     retention bonus to any health professional employed by a 
     Tribal Health Program if such health professional is serving 
     in a position which the Secretary determines is--
       ``(1) a position for which recruitment or retention is 
     difficult; and
       ``(2) necessary for providing health care services to 
     Indians.

     ``SEC. 120. NURSING RESIDENCY PROGRAM.

       ``(a) Establishment of Program.--The Secretary, acting 
     through the Service, shall establish a program to enable 
     Indians who are licensed practical nurses, licensed 
     vocational nurses, and registered nurses who are working in 
     an Indian Health Program or Urban Indian Organization, and 
     have done so for a period of not less than 1 year, to pursue 
     advanced training. Such program shall include a combination 
     of education and work study in an Indian Health Program or 
     Urban Indian Organization leading to an associate or 
     bachelor's degree (in the case of a licensed practical nurse 
     or licensed vocational nurse), a bachelor's degree (in the 
     case of a registered nurse), or advanced degrees or 
     certifications in nursing and public health.
       ``(b) Service Obligation.--An individual who participates 
     in a program under subsection (a), where the educational 
     costs are paid by the Service, shall incur an obligation to 
     serve in an Indian Health Program or Urban Indian 
     Organization for a period of obligated service equal to 1 
     year for every year that nonprofessional employee (licensed 
     practical nurses, licensed vocational nurses, nursing 
     assistants, and various health care technicals), or 2 years 
     for every year that professional nurse (associate degree and 
     bachelor-prepared registered nurses), participates in such 
     program. In the event that the individual fails to complete 
     such obligated service, the United States shall be entitled 
     to recover from such individual an amount determined in 
     accordance with the formula specified in subsection (l) of 
     section 110 in the manner provided for in such subsection.

     ``SEC. 121. COMMUNITY HEALTH AIDE PROGRAM.

       ``(a) General Purposes of Program.--Under the authority of 
     the Act of November 2, 1921 (25 U.S.C. 13) (commonly known as 
     the `Snyder Act'), the Secretary, acting through the Service, 
     shall develop and operate a Community Health Aide Program in 
     Alaska under which the Service--
       ``(1) provides for the training of Alaska Natives as health 
     aides or community health practitioners;
       ``(2) uses such aides or practitioners in the provision of 
     health care, health promotion, and disease prevention 
     services to Alaska Natives living in villages in rural 
     Alaska; and
       ``(3) provides for the establishment of teleconferencing 
     capacity in health clinics located in or near such villages 
     for use by community health aides or community health 
     practitioners.
       ``(b) Specific Program Requirements.--The Secretary, acting 
     through the Community Health Aide Program of the Service, 
     shall--
       ``(1) using trainers accredited by the Program, provide a 
     high standard of training to community health aides and 
     community health practitioners to ensure that such aides and 
     practitioners provide quality health care, health promotion, 
     and disease prevention services to the villages served by the 
     Program;
       ``(2) in order to provide such training, develop a 
     curriculum that--
       ``(A) combines education in the theory of health care with 
     supervised practical experience in the provision of health 
     care;
       ``(B) provides instruction and practical experience in the 
     provision of acute care, emergency care, health promotion, 
     disease prevention, and the efficient and effective 
     management of clinic pharmacies, supplies, equipment, and 
     facilities; and
       ``(C) promotes the achievement of the health status 
     objectives specified in section 3(2);
       ``(3) establish and maintain a Community Health Aide 
     Certification Board to certify as community health aides or 
     community health practitioners individuals who have 
     successfully completed the training described in paragraph 
     (1) or can demonstrate equivalent experience;
       ``(4) develop and maintain a system which identifies the 
     needs of community health aides and community health 
     practitioners for continuing education in the provision of 
     health care, including the areas described in paragraph 
     (2)(B), and develop programs that meet the needs for such 
     continuing education;
       ``(5) develop and maintain a system that provides close 
     supervision of community health aides and community health 
     practitioners;
       ``(6) develop a system under which the work of community 
     health aides and community health practitioners is reviewed 
     and evaluated to assure the provision of quality health care, 
     health promotion, and disease prevention services; and
       ``(7) ensure that pulpal therapy (not including pulpotomies 
     on deciduous teeth) or extraction of adult teeth can be 
     performed by a dental health aide therapist only after 
     consultation with a licensed dentist who determines that the 
     procedure is a medical emergency that cannot be resolved with 
     palliative treatment, and further that dental health aide 
     therapists are strictly prohibited from performing all other 
     oral or jaw surgeries, provided that uncomplicated 
     extractions shall not be considered oral surgery under this 
     section.
       ``(c) Program Review.--
       ``(1) Neutral panel.--
       ``(A) Establishment.--The Secretary, acting through the 
     Service, shall establish a neutral panel to carry out the 
     study under paragraph (2).
       ``(B) Membership.--Members of the neutral panel shall be 
     appointed by the Secretary from among clinicians, economists, 
     community practitioners, oral epidemiologists, and Alaska 
     Natives.
       ``(2) Study.--
       ``(A) In general.--The neutral panel established under 
     paragraph (1) shall conduct a study of the dental health aide 
     therapist services provided by the Community Health Aide 
     Program under this section to ensure that the quality of care 
     provided through those services is adequate and appropriate.
       ``(B) Parameters of study.--The Secretary, in consultation 
     with interested parties, including professional dental 
     organizations, shall develop the parameters of the study.
       ``(C) Inclusions.--The study shall include a determination 
     by the neutral panel with respect to--
       ``(i) the ability of the dental health aide therapist 
     services under this section to address the dental care needs 
     of Alaska Natives;
       ``(ii) the quality of care provided through those services, 
     including any training, improvement, or additional oversight 
     required to improve the quality of care; and
       ``(iii) whether safer and less costly alternatives to the 
     dental health aide therapist services exist.
       ``(D) Consultation.--In carrying out the study under this 
     paragraph, the neutral panel shall consult with Alaska Tribal 
     Organizations with respect to the adequacy and accuracy of 
     the study.
       ``(3) Report.--The neutral panel shall submit to the 
     Secretary, the Committee on Indian Affairs of the Senate, and 
     the Committee on Natural Resources of the House of

[[Page 570]]

     Representatives a report describing the results of the study 
     under paragraph (2), including a description of--
       ``(A) any determination of the neutral panel under 
     paragraph (2)(C); and
       ``(B) any comments received from an Alaska Tribal 
     Organization under paragraph (2)(D).
       ``(d) Nationalization of Program.--
       ``(1) In general.--Except as provided in paragraph (2), the 
     Secretary, acting through the Service, may establish a 
     national Community Health Aide Program in accordance with the 
     program under this section, as the Secretary determines to be 
     appropriate.
       ``(2) Exception.--The national Community Health Aide 
     Program under paragraph (1) shall not include dental health 
     aide therapist services.
       ``(3) Requirement.--In establishing a national program 
     under paragraph (1), the Secretary shall not reduce the 
     amount of funds provided for the Community Health Aide 
     Program described in subsections (a) and (b).

     ``SEC. 122. TRIBAL HEALTH PROGRAM ADMINISTRATION.

       ``The Secretary, acting through the Service, shall, by 
     contract or otherwise, provide training for Indians in the 
     administration and planning of Tribal Health Programs.

     ``SEC. 123. HEALTH PROFESSIONAL CHRONIC SHORTAGE 
                   DEMONSTRATION PROGRAMS.

       ``(a) Demonstration Programs Authorized.--The Secretary, 
     acting through the Service, may fund demonstration programs 
     for Tribal Health Programs to address the chronic shortages 
     of health professionals.
       ``(b) Purposes of Programs.--The purposes of demonstration 
     programs funded under subsection (a) shall be--
       ``(1) to provide direct clinical and practical experience 
     at a Service Unit to health profession students and residents 
     from medical schools;
       ``(2) to improve the quality of health care for Indians by 
     assuring access to qualified health care professionals; and
       ``(3) to provide academic and scholarly opportunities for 
     health professionals serving Indians by identifying all 
     academic and scholarly resources of the region.
       ``(c) Advisory Board.--The demonstration programs 
     established pursuant to subsection (a) shall incorporate a 
     program advisory board composed of representatives from the 
     Indian Tribes and Indian communities in the area which will 
     be served by the program.

     ``SEC. 124. NATIONAL HEALTH SERVICE CORPS.

       ``The Secretary shall not--
       ``(1) remove a member of the National Health Service Corps 
     from an Indian Health Program or Urban Indian Organization; 
     or
       ``(2) withdraw funding used to support such member, unless 
     the Secretary, acting through the Service, has ensured that 
     the Indians receiving services from such member will 
     experience no reduction in services.

     ``SEC. 125. SUBSTANCE ABUSE COUNSELOR EDUCATIONAL CURRICULA 
                   DEMONSTRATION PROGRAMS.

       ``(a) Contracts and Grants.--The Secretary, acting through 
     the Service, may enter into contracts with, or make grants 
     to, accredited tribal colleges and universities and eligible 
     accredited and accessible community colleges to establish 
     demonstration programs to develop educational curricula for 
     substance abuse counseling.
       ``(b) Use of Funds.--Funds provided under this section 
     shall be used only for developing and providing educational 
     curriculum for substance abuse counseling (including paying 
     salaries for instructors). Such curricula may be provided 
     through satellite campus programs.
       ``(c) Time Period of Assistance; Renewal.--A contract 
     entered into or a grant provided under this section shall be 
     for a period of 3 years. Such contract or grant may be 
     renewed for an additional 2-year period upon the approval of 
     the Secretary.
       ``(d) Criteria for Review and Approval of Applications.--
     Not later than 180 days after the date of enactment of the 
     Indian Health Care Improvement Act Amendments of 2008, the 
     Secretary, after consultation with Indian Tribes and 
     administrators of tribal colleges and universities and 
     eligible accredited and accessible community colleges, shall 
     develop and issue criteria for the review and approval of 
     applications for funding (including applications for renewals 
     of funding) under this section. Such criteria shall ensure 
     that demonstration programs established under this section 
     promote the development of the capacity of such entities to 
     educate substance abuse counselors.
       ``(e) Assistance.--The Secretary shall provide such 
     technical and other assistance as may be necessary to enable 
     grant recipients to comply with the provisions of this 
     section.
       ``(f) Report.--Each fiscal year, the Secretary shall submit 
     to the President, for inclusion in the report which is 
     required to be submitted under section 801 for that fiscal 
     year, a report on the findings and conclusions derived from 
     the demonstration programs conducted under this section 
     during that fiscal year.
       ``(g) Definition.--For the purposes of this section, the 
     term `educational curriculum' means 1 or more of the 
     following:
       ``(1) Classroom education.
       ``(2) Clinical work experience.
       ``(3) Continuing education workshops.

     ``SEC. 126. BEHAVIORAL HEALTH TRAINING AND COMMUNITY 
                   EDUCATION PROGRAMS.

       ``(a) Study; List.--The Secretary, acting through the 
     Service, and the Secretary of the Interior, in consultation 
     with Indian Tribes and Tribal Organizations, shall conduct a 
     study and compile a list of the types of staff positions 
     specified in subsection (b) whose qualifications include, or 
     should include, training in the identification, prevention, 
     education, referral, or treatment of mental illness, or 
     dysfunctional and self destructive behavior.
       ``(b) Positions.--The positions referred to in subsection 
     (a) are--
       ``(1) staff positions within the Bureau of Indian Affairs, 
     including existing positions, in the fields of--
       ``(A) elementary and secondary education;
       ``(B) social services and family and child welfare;
       ``(C) law enforcement and judicial services; and
       ``(D) alcohol and substance abuse;
       ``(2) staff positions within the Service; and
       ``(3) staff positions similar to those identified in 
     paragraphs (1) and (2) established and maintained by Indian 
     Tribes and Tribal Organizations (without regard to the 
     funding source).
       ``(c) Training Criteria.--
       ``(1) In general.--The appropriate Secretary shall provide 
     training criteria appropriate to each type of position 
     identified in subsection (b)(1) and (b)(2) and ensure that 
     appropriate training has been, or shall be provided to any 
     individual in any such position. With respect to any such 
     individual in a position identified pursuant to subsection 
     (b)(3), the respective Secretaries shall provide appropriate 
     training to, or provide funds to, an Indian Tribe or Tribal 
     Organization for training of appropriate individuals. In the 
     case of positions funded under a contract or compact under 
     the Indian Self-Determination and Education Assistance Act 
     (25 U.S.C. 450 et seq.), the appropriate Secretary shall 
     ensure that such training costs are included in the contract 
     or compact, as the Secretary determines necessary.
       ``(2) Position specific training criteria.--Position 
     specific training criteria shall be culturally relevant to 
     Indians and Indian Tribes and shall ensure that appropriate 
     information regarding traditional health care practices is 
     provided.
       ``(d) Community Education on Mental Illness.--The Service 
     shall develop and implement, on request of an Indian Tribe, 
     Tribal Organization, or Urban Indian Organization, or assist 
     the Indian Tribe, Tribal Organization, or Urban Indian 
     Organization to develop and implement, a program of community 
     education on mental illness. In carrying out this subsection, 
     the Service shall, upon request of an Indian Tribe, Tribal 
     Organization, or Urban Indian Organization, provide technical 
     assistance to the Indian Tribe, Tribal Organization, or Urban 
     Indian Organization to obtain and develop community 
     educational materials on the identification, prevention, 
     referral, and treatment of mental illness and dysfunctional 
     and self-destructive behavior.
       ``(e) Plan.--Not later than 90 days after the date of 
     enactment of the Indian Health Care Improvement Act 
     Amendments of 2008, the Secretary shall develop a plan under 
     which the Service will increase the health care staff 
     providing behavioral health services by at least 500 
     positions within 5 years after the date of enactment of this 
     section, with at least 200 of such positions devoted to 
     child, adolescent, and family services. The plan developed 
     under this subsection shall be implemented under the Act of 
     November 2, 1921 (25 U.S.C. 13) (commonly known as the 
     `Snyder Act').

     ``SEC. 127. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated such sums as may 
     be necessary for each fiscal year through fiscal year 2017 to 
     carry out this title.

                      ``TITLE II--HEALTH SERVICES

     ``SEC. 201. INDIAN HEALTH CARE IMPROVEMENT FUND.

       ``(a) Use of Funds.--The Secretary, acting through the 
     Service, is authorized to expend funds, directly or under the 
     authority of the Indian Self-Determination and Education 
     Assistance Act (25 U.S.C. 450 et seq.), which are 
     appropriated under the authority of this section, for the 
     purposes of--
       ``(1) eliminating the deficiencies in health status and 
     health resources of all Indian Tribes;
       ``(2) eliminating backlogs in the provision of health care 
     services to Indians;
       ``(3) meeting the health needs of Indians in an efficient 
     and equitable manner, including the use of telehealth and 
     telemedicine when appropriate;
       ``(4) eliminating inequities in funding for both direct 
     care and contract health service programs; and
       ``(5) augmenting the ability of the Service to meet the 
     following health service responsibilities with respect to 
     those Indian Tribes with the highest levels of health status 
     deficiencies and resource deficiencies:
       ``(A) Clinical care, including inpatient care, outpatient 
     care (including audiology, clinical eye, and vision care), 
     primary care, secondary and tertiary care, and long-term 
     care.

[[Page 571]]

       ``(B) Preventive health, including mammography and other 
     cancer screening in accordance with section 207.
       ``(C) Dental care.
       ``(D) Mental health, including community mental health 
     services, inpatient mental health services, dormitory mental 
     health services, therapeutic and residential treatment 
     centers, and training of traditional health care 
     practitioners.
       ``(E) Emergency medical services.
       ``(F) Treatment and control of, and rehabilitative care 
     related to, alcoholism and drug abuse (including fetal 
     alcohol spectrum disorders) among Indians.
       ``(G) Injury prevention programs, including training.
       ``(H) Home health care.
       ``(I) Community health representatives.
       ``(J) Maintenance and improvement.
       ``(b) No Offset or Limitation.--Any funds appropriated 
     under the authority of this section shall not be used to 
     offset or limit any other appropriations made to the Service 
     under this Act or the Act of November 2, 1921 (25 U.S.C. 13) 
     (commonly known as the `Snyder Act'), or any other provision 
     of law.
       ``(c) Allocation; Use.--
       ``(1) In general.--Funds appropriated under the authority 
     of this section shall be allocated to Service Units, Indian 
     Tribes, or Tribal Organizations. The funds allocated to each 
     Indian Tribe, Tribal Organization, or Service Unit under this 
     paragraph shall be used by the Indian Tribe, Tribal 
     Organization, or Service Unit under this paragraph to improve 
     the health status and reduce the resource deficiency of each 
     Indian Tribe served by such Service Unit, Indian Tribe, or 
     Tribal Organization.
       ``(2) Apportionment of allocated funds.--The apportionment 
     of funds allocated to a Service Unit, Indian Tribe, or Tribal 
     Organization under paragraph (1) among the health service 
     responsibilities described in subsection (a)(5) shall be 
     determined by the Service in consultation with, and with the 
     active participation of, the affected Indian Tribes and 
     Tribal Organizations.
       ``(d) Provisions Relating to Health Status and Resource 
     Deficiencies.--For the purposes of this section, the 
     following definitions apply:
       ``(1) Definition.--The term `health status and resource 
     deficiency' means the extent to which--
       ``(A) the health status objectives set forth in section 
     3(2) are not being achieved; and
       ``(B) the Indian Tribe or Tribal Organization does not have 
     available to it the health resources it needs, taking into 
     account the actual cost of providing health care services 
     given local geographic, climatic, rural, or other 
     circumstances.
       ``(2) Available resources.--The health resources available 
     to an Indian Tribe or Tribal Organization include health 
     resources provided by the Service as well as health resources 
     used by the Indian Tribe or Tribal Organization, including 
     services and financing systems provided by any Federal 
     programs, private insurance, and programs of State or local 
     governments.
       ``(3) Process for review of determinations.--The Secretary 
     shall establish procedures which allow any Indian Tribe or 
     Tribal Organization to petition the Secretary for a review of 
     any determination of the extent of the health status and 
     resource deficiency of such Indian Tribe or Tribal 
     Organization.
       ``(e) Eligibility for Funds.--Tribal Health Programs shall 
     be eligible for funds appropriated under the authority of 
     this section on an equal basis with programs that are 
     administered directly by the Service.
       ``(f) Report.--By no later than the date that is 3 years 
     after the date of enactment of the Indian Health Care 
     Improvement Act Amendments of 2008, the Secretary shall 
     submit to Congress the current health status and resource 
     deficiency report of the Service for each Service Unit, 
     including newly recognized or acknowledged Indian Tribes. 
     Such report shall set out--
       ``(1) the methodology then in use by the Service for 
     determining Tribal health status and resource deficiencies, 
     as well as the most recent application of that methodology;
       ``(2) the extent of the health status and resource 
     deficiency of each Indian Tribe served by the Service or a 
     Tribal Health Program;
       ``(3) the amount of funds necessary to eliminate the health 
     status and resource deficiencies of all Indian Tribes served 
     by the Service or a Tribal Health Program; and
       ``(4) an estimate of--
       ``(A) the amount of health service funds appropriated under 
     the authority of this Act, or any other Act, including the 
     amount of any funds transferred to the Service for the 
     preceding fiscal year which is allocated to each Service 
     Unit, Indian Tribe, or Tribal Organization;
       ``(B) the number of Indians eligible for health services in 
     each Service Unit or Indian Tribe or Tribal Organization; and
       ``(C) the number of Indians using the Service resources 
     made available to each Service Unit, Indian Tribe or Tribal 
     Organization, and, to the extent available, information on 
     the waiting lists and number of Indians turned away for 
     services due to lack of resources.
       ``(g) Inclusion in Base Budget.--Funds appropriated under 
     this section for any fiscal year shall be included in the 
     base budget of the Service for the purpose of determining 
     appropriations under this section in subsequent fiscal years.
       ``(h) Clarification.--Nothing in this section is intended 
     to diminish the primary responsibility of the Service to 
     eliminate existing backlogs in unmet health care needs, nor 
     are the provisions of this section intended to discourage the 
     Service from undertaking additional efforts to achieve equity 
     among Indian Tribes and Tribal Organizations.
       ``(i) Funding Designation.--Any funds appropriated under 
     the authority of this section shall be designated as the 
     `Indian Health Care Improvement Fund'.

     ``SEC. 202. CATASTROPHIC HEALTH EMERGENCY FUND.

       ``(a) Establishment.--There is established an Indian 
     Catastrophic Health Emergency Fund (hereafter in this section 
     referred to as the `CHEF') consisting of--
       ``(1) the amounts deposited under subsection (f); and
       ``(2) the amounts appropriated to CHEF under this section.
       ``(b) Administration.--CHEF shall be administered by the 
     Secretary, acting through the headquarters of the Service, 
     solely for the purpose of meeting the extraordinary medical 
     costs associated with the treatment of victims of disasters 
     or catastrophic illnesses who are within the responsibility 
     of the Service.
       ``(c) Conditions on Use of Fund.--No part of CHEF or its 
     administration shall be subject to contract or grant under 
     any law, including the Indian Self-Determination and 
     Education Assistance Act (25 U.S.C. 450 et seq.), nor shall 
     CHEF funds be allocated, apportioned, or delegated on an Area 
     Office, Service Unit, or other similar basis.
       ``(d) Regulations.--The Secretary shall promulgate 
     regulations consistent with the provisions of this section 
     to--
       ``(1) establish a definition of disasters and catastrophic 
     illnesses for which the cost of the treatment provided under 
     contract would qualify for payment from CHEF;
       ``(2) provide that a Service Unit shall not be eligible for 
     reimbursement for the cost of treatment from CHEF until its 
     cost of treating any victim of such catastrophic illness or 
     disaster has reached a certain threshold cost which the 
     Secretary shall establish at--
       ``(A) the 2000 level of $19,000; and
       ``(B) for any subsequent year, not less than the threshold 
     cost of the previous year increased by the percentage 
     increase in the medical care expenditure category of the 
     consumer price index for all urban consumers (United States 
     city average) for the 12-month period ending with December of 
     the previous year;
       ``(3) establish a procedure for the reimbursement of the 
     portion of the costs that exceeds such threshold cost 
     incurred by--
       ``(A) Service Units; or
       ``(B) whenever otherwise authorized by the Service, non-
     Service facilities or providers;
       ``(4) establish a procedure for payment from CHEF in cases 
     in which the exigencies of the medical circumstances warrant 
     treatment prior to the authorization of such treatment by the 
     Service; and
       ``(5) establish a procedure that will ensure that no 
     payment shall be made from CHEF to any provider of treatment 
     to the extent that such provider is eligible to receive 
     payment for the treatment from any other Federal, State, 
     local, or private source of reimbursement for which the 
     patient is eligible.
       ``(e) No Offset or Limitation.--Amounts appropriated to 
     CHEF under this section shall not be used to offset or limit 
     appropriations made to the Service under the authority of the 
     Act of November 2, 1921 (25 U.S.C. 13) (commonly known as the 
     `Snyder Act'), or any other law.
       ``(f) Deposit of Reimbursement Funds.--There shall be 
     deposited into CHEF all reimbursements to which the Service 
     is entitled from any Federal, State, local, or private source 
     (including third party insurance) by reason of treatment 
     rendered to any victim of a disaster or catastrophic illness 
     the cost of which was paid from CHEF.

     ``SEC. 203. HEALTH PROMOTION AND DISEASE PREVENTION SERVICES.

       ``(a) Findings.--Congress finds that health promotion and 
     disease prevention activities--
       ``(1) improve the health and well-being of Indians; and
       ``(2) reduce the expenses for health care of Indians.
       ``(b) Provision of Services.--The Secretary, acting through 
     the Service and Tribal Health Programs, shall provide health 
     promotion and disease prevention services to Indians to 
     achieve the health status objectives set forth in section 
     3(2).
       ``(c) Evaluation.--The Secretary, after obtaining input 
     from the affected Tribal Health Programs, shall submit to the 
     President for inclusion in the report which is required to be 
     submitted to Congress under section 801 an evaluation of--
       ``(1) the health promotion and disease prevention needs of 
     Indians;
       ``(2) the health promotion and disease prevention 
     activities which would best meet such needs;
       ``(3) the internal capacity of the Service and Tribal 
     Health Programs to meet such needs; and

[[Page 572]]

       ``(4) the resources which would be required to enable the 
     Service and Tribal Health Programs to undertake the health 
     promotion and disease prevention activities necessary to meet 
     such needs.

     ``SEC. 204. DIABETES PREVENTION, TREATMENT, AND CONTROL.

       ``(a) Determinations Regarding Diabetes.--The Secretary, 
     acting through the Service, and in consultation with Indian 
     Tribes and Tribal Organizations, shall determine--
       ``(1) by Indian Tribe and by Service Unit, the incidence 
     of, and the types of complications resulting from, diabetes 
     among Indians; and
       ``(2) based on the determinations made pursuant to 
     paragraph (1), the measures (including patient education and 
     effective ongoing monitoring of disease indicators) each 
     Service Unit should take to reduce the incidence of, and 
     prevent, treat, and control the complications resulting from, 
     diabetes among Indian Tribes within that Service Unit.
       ``(b) Diabetes Screening.--To the extent medically 
     indicated and with informed consent, the Secretary shall 
     screen each Indian who receives services from the Service for 
     diabetes and for conditions which indicate a high risk that 
     the individual will become diabetic and establish a cost-
     effective approach to ensure ongoing monitoring of disease 
     indicators. Such screening and monitoring may be conducted by 
     a Tribal Health Program and may be conducted through 
     appropriate Internet-based health care management programs.
       ``(c) Diabetes Projects.--The Secretary shall continue to 
     maintain each model diabetes project in existence on the date 
     of enactment of the Indian Health Care Improvement Act 
     Amendments of 2008, any such other diabetes programs operated 
     by the Service or Tribal Health Programs, and any additional 
     diabetes projects, such as the Medical Vanguard program 
     provided for in title IV of Public Law 108-87, as implemented 
     to serve Indian Tribes. Tribal Health Programs shall receive 
     recurring funding for the diabetes projects that they operate 
     pursuant to this section, both at the date of enactment of 
     the Indian Health Care Improvement Act Amendments of 2008 and 
     for projects which are added and funded thereafter.
       ``(d) Dialysis Programs.--The Secretary is authorized to 
     provide, through the Service, Indian Tribes, and Tribal 
     Organizations, dialysis programs, including the purchase of 
     dialysis equipment and the provision of necessary staffing.
       ``(e) Other Duties of the Secretary.--
       ``(1) In general.--The Secretary shall, to the extent 
     funding is available--
       ``(A) in each Area Office, consult with Indian Tribes and 
     Tribal Organizations regarding programs for the prevention, 
     treatment, and control of diabetes;
       ``(B) establish in each Area Office a registry of patients 
     with diabetes to track the incidence of diabetes and the 
     complications from diabetes in that area; and
       ``(C) ensure that data collected in each Area Office 
     regarding diabetes and related complications among Indians 
     are disseminated to all other Area Offices, subject to 
     applicable patient privacy laws.
       ``(2) Diabetes control officers.--
       ``(A) In general.--The Secretary may establish and maintain 
     in each Area Office a position of diabetes control officer to 
     coordinate and manage any activity of that Area Office 
     relating to the prevention, treatment, or control of diabetes 
     to assist the Secretary in carrying out a program under this 
     section or section 330C of the Public Health Service Act (42 
     U.S.C. 254c-3).
       ``(B) Certain activities.--Any activity carried out by a 
     diabetes control officer under subparagraph (A) that is the 
     subject of a contract or compact under the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 450 et 
     seq.), and any funds made available to carry out such an 
     activity, shall not be divisible for purposes of that Act.

     ``SEC. 205. SHARED SERVICES FOR LONG-TERM CARE.

       ``(a) Long-Term Care.--Notwithstanding any other provision 
     of law, the Secretary, acting through the Service, is 
     authorized to provide directly, or enter into contracts or 
     compacts under the Indian Self-Determination and Education 
     Assistance Act (25 U.S.C. 450 et seq.) with Indian Tribes or 
     Tribal Organizations for, the delivery of long-term care 
     (including health care services associated with long-term 
     care) provided in a facility to Indians. Such agreements 
     shall provide for the sharing of staff or other services 
     between the Service or a Tribal Health Program and a long-
     term care or related facility owned and operated (directly or 
     through a contract or compact under the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 450 et 
     seq.)) by such Indian Tribe or Tribal Organization.
       ``(b) Contents of Agreements.--An agreement entered into 
     pursuant to subsection (a)--
       ``(1) may, at the request of the Indian Tribe or Tribal 
     Organization, delegate to such Indian Tribe or Tribal 
     Organization such powers of supervision and control over 
     Service employees as the Secretary deems necessary to carry 
     out the purposes of this section;
       ``(2) shall provide that expenses (including salaries) 
     relating to services that are shared between the Service and 
     the Tribal Health Program be allocated proportionately 
     between the Service and the Indian Tribe or Tribal 
     Organization; and
       ``(3) may authorize such Indian Tribe or Tribal 
     Organization to construct, renovate, or expand a long-term 
     care or other similar facility (including the construction of 
     a facility attached to a Service facility).
       ``(c) Minimum Requirement.--Any nursing facility provided 
     for under this section shall meet the requirements for 
     nursing facilities under section 1919 of the Social Security 
     Act.
       ``(d) Other Assistance.--The Secretary shall provide such 
     technical and other assistance as may be necessary to enable 
     applicants to comply with the provisions of this section.
       ``(e) Use of Existing or Underused Facilities.--The 
     Secretary shall encourage the use of existing facilities that 
     are underused or allow the use of swing beds for long-term or 
     similar care.

     ``SEC. 206. HEALTH SERVICES RESEARCH.

       ``(a) In General.--The Secretary, acting through the 
     Service, shall make funding available for research to further 
     the performance of the health service responsibilities of 
     Indian Health Programs.
       ``(b) Coordination of Resources and Activities.--The 
     Secretary shall also, to the maximum extent practicable, 
     coordinate departmental research resources and activities to 
     address relevant Indian Health Program research needs.
       ``(c) Availability.--Tribal Health Programs shall be given 
     an equal opportunity to compete for, and receive, research 
     funds under this section.
       ``(d) Use of Funds.--This funding may be used for both 
     clinical and nonclinical research.
       ``(e) Evaluation and Dissemination.--The Secretary shall 
     periodically--
       ``(1) evaluate the impact of research conducted under this 
     section; and
       ``(2) disseminate to Tribal Health Programs information 
     regarding that research as the Secretary determines to be 
     appropriate.

     ``SEC. 207. MAMMOGRAPHY AND OTHER CANCER SCREENING.

       ``The Secretary, acting through the Service or Tribal 
     Health Programs, shall provide for screening as follows:
       ``(1) Screening mammography (as defined in section 1861(jj) 
     of the Social Security Act) for Indian women at a frequency 
     appropriate to such women under accepted and appropriate 
     national standards, and under such terms and conditions as 
     are consistent with standards established by the Secretary to 
     ensure the safety and accuracy of screening mammography under 
     part B of title XVIII of such Act.
       ``(2) Other cancer screening that receives an A or B rating 
     as recommended by the United States Preventive Services Task 
     Force established under section 915(a)(1) of the Public 
     Health Service Act (42 U.S.C. 299b-4(a)(1)). The Secretary 
     shall ensure that screening provided for under this paragraph 
     complies with the recommendations of the Task Force with 
     respect to--
       ``(A) frequency;
       ``(B) the population to be served;
       ``(C) the procedure or technology to be used;
       ``(D) evidence of effectiveness; and
       ``(E) other matters that the Secretary determines 
     appropriate.

     ``SEC. 208. PATIENT TRAVEL COSTS.

       ``(a) Definition of Qualified Escort.--In this section, the 
     term `qualified escort' means--
       ``(1) an adult escort (including a parent, guardian, or 
     other family member) who is required because of the physical 
     or mental condition, or age, of the applicable patient;
       ``(2) a health professional for the purpose of providing 
     necessary medical care during travel by the applicable 
     patient; or
       ``(3) other escorts, as the Secretary or applicable Indian 
     Health Program determines to be appropriate.
       ``(b) Provision of Funds.--The Secretary, acting through 
     the Service and Tribal Health Programs, is authorized to 
     provide funds for the following patient travel costs, 
     including qualified escorts, associated with receiving health 
     care services provided (either through direct or contract 
     care or through a contract or compact under the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 450 et 
     seq.)) under this Act--
       ``(1) emergency air transportation and non-emergency air 
     transportation where ground transportation is infeasible;
       ``(2) transportation by private vehicle (where no other 
     means of transportation is available), specially equipped 
     vehicle, and ambulance; and
       ``(3) transportation by such other means as may be 
     available and required when air or motor vehicle 
     transportation is not available.

     ``SEC. 209. EPIDEMIOLOGY CENTERS.

       ``(a) Establishment of Centers.--The Secretary shall 
     establish an epidemiology center in each Service Area to 
     carry out the functions described in subsection (b). Any new 
     center established after the date of enactment of the Indian 
     Health Care Improvement Act Amendments of 2008 may be 
     operated under a grant authorized by subsection (d), but 
     funding under such a grant shall not be divisible.

[[Page 573]]

       ``(b) Functions of Centers.--In consultation with and upon 
     the request of Indian Tribes, Tribal Organizations, and Urban 
     Indian communities, each Service Area epidemiology center 
     established under this section shall, with respect to such 
     Service Area--
       ``(1) collect data relating to, and monitor progress made 
     toward meeting, each of the health status objectives of the 
     Service, the Indian Tribes, Tribal Organizations, and Urban 
     Indian communities in the Service Area;
       ``(2) evaluate existing delivery systems, data systems, and 
     other systems that impact the improvement of Indian health;
       ``(3) assist Indian Tribes, Tribal Organizations, and Urban 
     Indian Organizations in identifying their highest priority 
     health status objectives and the services needed to achieve 
     such objectives, based on epidemiological data;
       ``(4) make recommendations for the targeting of services 
     needed by the populations served;
       ``(5) make recommendations to improve health care delivery 
     systems for Indians and Urban Indians;
       ``(6) provide requested technical assistance to Indian 
     Tribes, Tribal Organizations, and Urban Indian Organizations 
     in the development of local health service priorities and 
     incidence and prevalence rates of disease and other illness 
     in the community; and
       ``(7) provide disease surveillance and assist Indian 
     Tribes, Tribal Organizations, and Urban Indian communities to 
     promote public health.
       ``(c) Technical Assistance.--The Director of the Centers 
     for Disease Control and Prevention shall provide technical 
     assistance to the centers in carrying out the requirements of 
     this section.
       ``(d) Grants for Studies.--
       ``(1) In general.--The Secretary may make grants to Indian 
     Tribes, Tribal Organizations, Indian organizations, and 
     eligible intertribal consortia to conduct epidemiological 
     studies of Indian communities.
       ``(2) Eligible intertribal consortia.--An intertribal 
     consortium or Indian organization is eligible to receive a 
     grant under this subsection if--
       ``(A) the intertribal consortium is incorporated for the 
     primary purpose of improving Indian health; and
       ``(B) the intertribal consortium is representative of the 
     Indian Tribes or urban Indian communities in which the 
     intertribal consortium is located.
       ``(3) Applications.--An application for a grant under this 
     subsection shall be submitted in such manner and at such time 
     as the Secretary shall prescribe.
       ``(4) Requirements.--An applicant for a grant under this 
     subsection shall--
       ``(A) demonstrate the technical, administrative, and 
     financial expertise necessary to carry out the functions 
     described in paragraph (5);
       ``(B) consult and cooperate with providers of related 
     health and social services in order to avoid duplication of 
     existing services; and
       ``(C) demonstrate cooperation from Indian Tribes or Urban 
     Indian Organizations in the area to be served.
       ``(5) Use of funds.--A grant awarded under paragraph (1) 
     may be used--
       ``(A) to carry out the functions described in subsection 
     (b);
       ``(B) to provide information to and consult with tribal 
     leaders, urban Indian community leaders, and related health 
     staff on health care and health service management issues; 
     and
       ``(C) in collaboration with Indian Tribes, Tribal 
     Organizations, and urban Indian communities, to provide the 
     Service with information regarding ways to improve the health 
     status of Indians.
       ``(e) Access to Information.--The Secretary shall grant 
     epidemiology centers operated by a grantee pursuant to a 
     grant awarded under subsection (d) access to use of the data, 
     data sets, monitoring systems, delivery systems, and other 
     protected health information in the possession of the 
     Secretary. Such activities shall be for the purposes of 
     research and for preventing and controlling disease, injury, 
     or disability for purposes of the Health Insurance 
     Portability and Accountability Act of 1996 (Public Law 104-
     191; 110 Stat. 2033), as such activities are described in 
     part 164.512 of title 45, Code of Federal regulations (or a 
     successor regulation).

     ``SEC. 210. COMPREHENSIVE SCHOOL HEALTH EDUCATION PROGRAMS.

       ``(a) Funding for Development of Programs.--In addition to 
     carrying out any other program for health promotion or 
     disease prevention, the Secretary, acting through the 
     Service, is authorized to award grants to Indian Tribes and 
     Tribal Organizations to develop comprehensive school health 
     education programs for children from pre-school through grade 
     12 in schools for the benefit of Indian and Urban Indian 
     children.
       ``(b) Use of Grant Funds.--A grant awarded under this 
     section may be used for purposes which may include, but are 
     not limited to, the following:
       ``(1) Developing health education materials both for 
     regular school programs and afterschool programs.
       ``(2) Training teachers in comprehensive school health 
     education materials.
       ``(3) Integrating school-based, community-based, and other 
     public and private health promotion efforts.
       ``(4) Encouraging healthy, tobacco-free school 
     environments.
       ``(5) Coordinating school-based health programs with 
     existing services and programs available in the community.
       ``(6) Developing school programs on nutrition education, 
     personal health, oral health, and fitness.
       ``(7) Developing behavioral health wellness programs.
       ``(8) Developing chronic disease prevention programs.
       ``(9) Developing substance abuse prevention programs.
       ``(10) Developing injury prevention and safety education 
     programs.
       ``(11) Developing activities for the prevention and control 
     of communicable diseases.
       ``(12) Developing community and environmental health 
     education programs that include traditional health care 
     practitioners.
       ``(13) Violence prevention.
       ``(14) Such other health issues as are appropriate.
       ``(c) Technical Assistance.--Upon request, the Secretary, 
     acting through the Service, shall provide technical 
     assistance to Indian Tribes and Tribal Organizations in the 
     development of comprehensive health education plans and the 
     dissemination of comprehensive health education materials and 
     information on existing health programs and resources.
       ``(d) Criteria for Review and Approval of Applications.--
     The Secretary, acting through the Service, and in 
     consultation with Indian Tribes and Tribal Organizations, 
     shall establish criteria for the review and approval of 
     applications for grants awarded under this section.
       ``(e) Development of Program for BIA-Funded Schools.--
       ``(1) In general.--The Secretary of the Interior, acting 
     through the Bureau of Indian Affairs and in cooperation with 
     the Secretary, acting through the Service, and affected 
     Indian Tribes and Tribal Organizations, shall develop a 
     comprehensive school health education program for children 
     from preschool through grade 12 in schools for which support 
     is provided by the Bureau of Indian Affairs.
       ``(2) Requirements for programs.--Such programs shall 
     include--
       ``(A) school programs on nutrition education, personal 
     health, oral health, and fitness;
       ``(B) behavioral health wellness programs;
       ``(C) chronic disease prevention programs;
       ``(D) substance abuse prevention programs;
       ``(E) injury prevention and safety education programs; and
       ``(F) activities for the prevention and control of 
     communicable diseases.
       ``(3) Duties of the secretary.--The Secretary of the 
     Interior shall--
       ``(A) provide training to teachers in comprehensive school 
     health education materials;
       ``(B) ensure the integration and coordination of school-
     based programs with existing services and health programs 
     available in the community; and
       ``(C) encourage healthy, tobacco-free school environments.

     ``SEC. 211. INDIAN YOUTH PROGRAM.

       ``(a) Program Authorized.--The Secretary, acting through 
     the Service, is authorized to establish and administer a 
     program to provide grants to Indian Tribes, Tribal 
     Organizations, and Urban Indian Organizations for innovative 
     mental and physical disease prevention and health promotion 
     and treatment programs for Indian preadolescent and 
     adolescent youths.
       ``(b) Use of Funds.--
       ``(1) Allowable uses.--Funds made available under this 
     section may be used to--
       ``(A) develop prevention and treatment programs for Indian 
     youth which promote mental and physical health and 
     incorporate cultural values, community and family 
     involvement, and traditional health care practitioners; and
       ``(B) develop and provide community training and education.
       ``(2) Prohibited use.--Funds made available under this 
     section may not be used to provide services described in 
     section 707(c).
       ``(c) Duties of the Secretary.--The Secretary shall--
       ``(1) disseminate to Indian Tribes and Tribal Organizations 
     information regarding models for the delivery of 
     comprehensive health care services to Indian and Urban Indian 
     adolescents;
       ``(2) encourage the implementation of such models; and
       ``(3) at the request of an Indian Tribe or Tribal 
     Organization, provide technical assistance in the 
     implementation of such models.
       ``(d) Criteria for Review and Approval of Applications.--
     The Secretary, in consultation with Indian Tribes and Tribal 
     Organizations, and in conference with Urban Indian 
     Organizations, shall establish criteria for the review and 
     approval of applications or proposals under this section.

[[Page 574]]



     ``SEC. 212. PREVENTION, CONTROL, AND ELIMINATION OF 
                   COMMUNICABLE AND INFECTIOUS DISEASES.

       ``(a) Grants Authorized.--The Secretary, acting through the 
     Service, and after consultation with the Centers for Disease 
     Control and Prevention, may make grants available to Indian 
     Tribes and Tribal Organizations for the following:
       ``(1) Projects for the prevention, control, and elimination 
     of communicable and infectious diseases, including 
     tuberculosis, hepatitis, HIV, respiratory syncytial virus, 
     hanta virus, sexually transmitted diseases, and H. Pylori.
       ``(2) Public information and education programs for the 
     prevention, control, and elimination of communicable and 
     infectious diseases.
       ``(3) Education, training, and clinical skills improvement 
     activities in the prevention, control, and elimination of 
     communicable and infectious diseases for health 
     professionals, including allied health professionals.
       ``(4) Demonstration projects for the screening, treatment, 
     and prevention of hepatitis C virus (HCV).
       ``(b) Application Required.--The Secretary may provide 
     funding under subsection (a) only if an application or 
     proposal for funding is submitted to the Secretary.
       ``(c) Coordination With Health Agencies.--Indian Tribes and 
     Tribal Organizations receiving funding under this section are 
     encouraged to coordinate their activities with the Centers 
     for Disease Control and Prevention and State and local health 
     agencies.
       ``(d) Technical Assistance; Report.--In carrying out this 
     section, the Secretary--
       ``(1) may, at the request of an Indian Tribe or Tribal 
     Organization, provide technical assistance; and
       ``(2) shall prepare and submit a report to Congress 
     biennially on the use of funds under this section and on the 
     progress made toward the prevention, control, and elimination 
     of communicable and infectious diseases among Indians and 
     Urban Indians.

     ``SEC. 213. OTHER AUTHORITY FOR PROVISION OF SERVICES.

       ``(a) Funding Authorized.--The Secretary, acting through 
     the Service, Indian Tribes, and Tribal Organizations, may 
     provide funding under this Act to meet the objectives set 
     forth in section 3 of this Act through health care-related 
     services and programs not otherwise described in this Act for 
     the following services:
       ``(1) Hospice care.
       ``(2) Assisted living services.
       ``(3) Long-term care services.
       ``(4) Home- and community-based services.
       ``(b) Eligibility.--The following individuals shall be 
     eligible to receive long-term care under this section:
       ``(1) Individuals who are unable to perform a certain 
     number of activities of daily living without assistance.
       ``(2) Individuals with a mental impairment, such as 
     dementia, Alzheimer's disease, or another disabling mental 
     illness, who may be able to perform activities of daily 
     living under supervision.
       ``(3) Such other individuals as an applicable Indian Health 
     Program determines to be appropriate.
       ``(c) Definitions.--For the purposes of this section, the 
     following definitions shall apply:
       ``(1) The term `assisted living services' means any service 
     provided by an assisted living facility (as defined in 
     section 232(b) of the National Housing Act (12 U.S.C. 
     1715w(b))), except that such an assisted living facility--
       ``(A) shall not be required to obtain a license; but
       ``(B) shall meet all applicable standards for licensure.
       ``(2) The term `home- and community-based services' means 1 
     or more of the services specified in paragraphs (1) through 
     (9) of section 1929(a) of the Social Security Act (42 U.S.C. 
     1396t(a)) (whether provided by the Service or by an Indian 
     Tribe or Tribal Organization pursuant to the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 450 et 
     seq.)) that are or will be provided in accordance with 
     applicable standards.
       ``(3) The term `hospice care' means the items and services 
     specified in subparagraphs (A) through (H) of section 
     1861(dd)(1) of the Social Security Act (42 U.S.C. 
     1395x(dd)(1)), and such other services which an Indian Tribe 
     or Tribal Organization determines are necessary and 
     appropriate to provide in furtherance of this care.
       ``(4) The term `long-term care services' has the meaning 
     given the term `qualified long-term care services' in section 
     7702B(c) of the Internal Revenue Code of 1986.
       ``(d) Authorization of Convenient Care Services.--The 
     Secretary, acting through the Service, Indian Tribes, and 
     Tribal Organizations, may also provide funding under this Act 
     to meet the objectives set forth in section 3 of this Act for 
     convenient care services programs pursuant to section 
     306(c)(2)(A).

     ``SEC. 214. INDIAN WOMEN'S HEALTH CARE.

       ``The Secretary, acting through the Service and Indian 
     Tribes, Tribal Organizations, and Urban Indian Organizations, 
     shall monitor and improve the quality of health care for 
     Indian women of all ages through the planning and delivery of 
     programs administered by the Service, in order to improve and 
     enhance the treatment models of care for Indian women.

     ``SEC. 215. ENVIRONMENTAL AND NUCLEAR HEALTH HAZARDS.

       ``(a) Studies and Monitoring.--The Secretary and the 
     Service shall conduct, in conjunction with other appropriate 
     Federal agencies and in consultation with concerned Indian 
     Tribes and Tribal Organizations, studies and ongoing 
     monitoring programs to determine trends in the health hazards 
     to Indian miners and to Indians on or near reservations and 
     Indian communities as a result of environmental hazards which 
     may result in chronic or life threatening health problems, 
     such as nuclear resource development, petroleum 
     contamination, and contamination of water sources and of the 
     food chain. Such studies shall include--
       ``(1) an evaluation of the nature and extent of health 
     problems caused by environmental hazards currently exhibited 
     among Indians and the causes of such health problems;
       ``(2) an analysis of the potential effect of ongoing and 
     future environmental resource development on or near 
     reservations and Indian communities, including the cumulative 
     effect over time on health;
       ``(3) an evaluation of the types and nature of activities, 
     practices, and conditions causing or affecting such health 
     problems, including uranium mining and milling, uranium mine 
     tailing deposits, nuclear power plant operation and 
     construction, and nuclear waste disposal; oil and gas 
     production or transportation on or near reservations or 
     Indian communities; and other development that could affect 
     the health of Indians and their water supply and food chain;
       ``(4) a summary of any findings and recommendations 
     provided in Federal and State studies, reports, 
     investigations, and inspections during the 5 years prior to 
     the date of enactment of the Indian Health Care Improvement 
     Act Amendments of 2008 that directly or indirectly relate to 
     the activities, practices, and conditions affecting the 
     health or safety of such Indians; and
       ``(5) the efforts that have been made by Federal and State 
     agencies and resource and economic development companies to 
     effectively carry out an education program for such Indians 
     regarding the health and safety hazards of such development.
       ``(b) Health Care Plans.--Upon completion of such studies, 
     the Secretary and the Service shall take into account the 
     results of such studies and develop health care plans to 
     address the health problems studied under subsection (a). The 
     plans shall include--
       ``(1) methods for diagnosing and treating Indians currently 
     exhibiting such health problems;
       ``(2) preventive care and testing for Indians who may be 
     exposed to such health hazards, including the monitoring of 
     the health of individuals who have or may have been exposed 
     to excessive amounts of radiation or affected by other 
     activities that have had or could have a serious impact upon 
     the health of such individuals; and
       ``(3) a program of education for Indians who, by reason of 
     their work or geographic proximity to such nuclear or other 
     development activities, may experience health problems.
       ``(c) Submission of Report and Plan to Congress.--The 
     Secretary and the Service shall submit to Congress the study 
     prepared under subsection (a) no later than 18 months after 
     the date of enactment of the Indian Health Care Improvement 
     Act Amendments of 2008. The health care plan prepared under 
     subsection (b) shall be submitted in a report no later than 1 
     year after the study prepared under subsection (a) is 
     submitted to Congress. Such report shall include recommended 
     activities for the implementation of the plan, as well as an 
     evaluation of any activities previously undertaken by the 
     Service to address such health problems.
       ``(d) Intergovernmental Task Force.--
       ``(1) Establishment; members.--There is established an 
     Intergovernmental Task Force to be composed of the following 
     individuals (or their designees):
       ``(A) The Secretary of Energy.
       ``(B) The Secretary of the Environmental Protection Agency.
       ``(C) The Director of the Bureau of Mines.
       ``(D) The Assistant Secretary for Occupational Safety and 
     Health.
       ``(E) The Secretary of the Interior.
       ``(F) The Secretary of Health and Human Services.
       ``(G) The Director.
       ``(2) Duties.--The Task Force shall--
       ``(A) identify existing and potential operations related to 
     nuclear resource development or other environmental hazards 
     that affect or may affect the health of Indians on or near a 
     reservation or in an Indian community; and
       ``(B) enter into activities to correct existing health 
     hazards and ensure that current and future health problems 
     resulting from nuclear resource or other development 
     activities are minimized or reduced.
       ``(3) Chairman; meetings.--The Secretary of Health and 
     Human Services shall be the Chairman of the Task Force. The 
     Task Force shall meet at least twice each year.
       ``(e) Health Services to Certain Employees.--In the case of 
     any Indian who--

[[Page 575]]

       ``(1) as a result of employment in or near a uranium mine 
     or mill or near any other environmental hazard, suffers from 
     a work-related illness or condition;
       ``(2) is eligible to receive diagnosis and treatment 
     services from an Indian Health Program; and
       ``(3) by reason of such Indian's employment, is entitled to 
     medical care at the expense of such mine or mill operator or 
     entity responsible for the environmental hazard, the Indian 
     Health Program shall, at the request of such Indian, render 
     appropriate medical care to such Indian for such illness or 
     condition and may be reimbursed for any medical care so 
     rendered to which such Indian is entitled at the expense of 
     such operator or entity from such operator or entity. Nothing 
     in this subsection shall affect the rights of such Indian to 
     recover damages other than such amounts paid to the Indian 
     Health Program from the employer for providing medical care 
     for such illness or condition.

     ``SEC. 216. ARIZONA AS A CONTRACT HEALTH SERVICE DELIVERY 
                   AREA.

       ``(a) In General.--For fiscal years beginning with the 
     fiscal year ending September 30, 1983, and ending with the 
     fiscal year ending September 30, 2016, the State of Arizona 
     shall be designated as a contract health service delivery 
     area by the Service for the purpose of providing contract 
     health care services to members of federally recognized 
     Indian Tribes of Arizona.
       ``(b) Maintenance of Services.--The Service shall not 
     curtail any health care services provided to Indians residing 
     on reservations in the State of Arizona if such curtailment 
     is due to the provision of contract services in such State 
     pursuant to the designation of such State as a contract 
     health service delivery area pursuant to subsection (a).

     ``SEC. 216A. NORTH DAKOTA AND SOUTH DAKOTA AS A CONTRACT 
                   HEALTH SERVICE DELIVERY AREA.

       ``(a) In General.--Beginning in fiscal year 2003, the 
     States of North Dakota and South Dakota shall be designated 
     as a contract health service delivery area by the Service for 
     the purpose of providing contract health care services to 
     members of federally recognized Indian Tribes of North Dakota 
     and South Dakota.
       ``(b) Limitation.--The Service shall not curtail any health 
     care services provided to Indians residing on any 
     reservation, or in any county that has a common boundary with 
     any reservation, in the State of North Dakota or South Dakota 
     if such curtailment is due to the provision of contract 
     services in such States pursuant to the designation of such 
     States as a contract health service delivery area pursuant to 
     subsection (a).

     ``SEC. 217. CALIFORNIA CONTRACT HEALTH SERVICES PROGRAM.

       ``(a) Funding Authorized.--The Secretary is authorized to 
     fund a program using the California Rural Indian Health Board 
     (hereafter in this section referred to as the `CRIHB') as a 
     contract care intermediary to improve the accessibility of 
     health services to California Indians.
       ``(b) Reimbursement Contract.--The Secretary shall enter 
     into an agreement with the CRIHB to reimburse the CRIHB for 
     costs (including reasonable administrative costs) incurred 
     pursuant to this section, in providing medical treatment 
     under contract to California Indians described in section 
     806(a) throughout the California contract health services 
     delivery area described in section 218 with respect to high 
     cost contract care cases.
       ``(c) Administrative Expenses.--Not more than 5 percent of 
     the amounts provided to the CRIHB under this section for any 
     fiscal year may be for reimbursement for administrative 
     expenses incurred by the CRIHB during such fiscal year.
       ``(d) Limitation on Payment.--No payment may be made for 
     treatment provided hereunder to the extent payment may be 
     made for such treatment under the Indian Catastrophic Health 
     Emergency Fund described in section 202 or from amounts 
     appropriated or otherwise made available to the California 
     contract health service delivery area for a fiscal year.
       ``(e) Advisory Board.--There is established an advisory 
     board which shall advise the CRIHB in carrying out this 
     section. The advisory board shall be composed of 
     representatives, selected by the CRIHB, from not less than 8 
     Tribal Health Programs serving California Indians covered 
     under this section at least \1/2\ of whom of whom are not 
     affiliated with the CRIHB.

     ``SEC. 218. CALIFORNIA AS A CONTRACT HEALTH SERVICE DELIVERY 
                   AREA.

       ``The State of California, excluding the counties of 
     Alameda, Contra Costa, Los Angeles, Marin, Orange, 
     Sacramento, San Francisco, San Mateo, Santa Clara, Kern, 
     Merced, Monterey, Napa, San Benito, San Joaquin, San Luis 
     Obispo, Santa Cruz, Solano, Stanislaus, and Ventura, shall be 
     designated as a contract health service delivery area by the 
     Service for the purpose of providing contract health services 
     to California Indians. However, any of the counties listed 
     herein may only be included in the contract health services 
     delivery area if funding is specifically provided by the 
     Service for such services in those counties.

     ``SEC. 219. CONTRACT HEALTH SERVICES FOR THE TRENTON SERVICE 
                   AREA.

       ``(a) Authorization for Services.--The Secretary, acting 
     through the Service, is directed to provide contract health 
     services to members of the Turtle Mountain Band of Chippewa 
     Indians that reside in the Trenton Service Area of Divide, 
     McKenzie, and Williams counties in the State of North Dakota 
     and the adjoining counties of Richland, Roosevelt, and 
     Sheridan in the State of Montana.
       ``(b) No Expansion of Eligibility.--Nothing in this section 
     may be construed as expanding the eligibility of members of 
     the Turtle Mountain Band of Chippewa Indians for health 
     services provided by the Service beyond the scope of 
     eligibility for such health services that applied on May 1, 
     1986.

     ``SEC. 220. PROGRAMS OPERATED BY INDIAN TRIBES AND TRIBAL 
                   ORGANIZATIONS.

       ``The Service shall provide funds for health care programs 
     and facilities operated by Tribal Health Programs on the same 
     basis as such funds are provided to programs and facilities 
     operated directly by the Service.

     ``SEC. 221. LICENSING.

       ``Health care professionals employed by a Tribal Health 
     Program shall, if licensed in any State, be exempt from the 
     licensing requirements of the State in which the Tribal 
     Health Program performs the services described in its 
     contract or compact under the Indian Self-Determination and 
     Education Assistance Act (25 U.S.C. 450 et seq.).

     ``SEC. 222. NOTIFICATION OF PROVISION OF EMERGENCY CONTRACT 
                   HEALTH SERVICES.

       ``With respect to an elderly Indian or an Indian with a 
     disability receiving emergency medical care or services from 
     a non-Service provider or in a non-Service facility under the 
     authority of this Act, the time limitation (as a condition of 
     payment) for notifying the Service of such treatment or 
     admission shall be 30 days.

     ``SEC. 223. PROMPT ACTION ON PAYMENT OF CLAIMS.

       ``(a) Deadline for Response.--The Service shall respond to 
     a notification of a claim by a provider of a contract care 
     service with either an individual purchase order or a denial 
     of the claim within 5 working days after the receipt of such 
     notification.
       ``(b) Effect of Untimely Response.--If the Service fails to 
     respond to a notification of a claim in accordance with 
     subsection (a), the Service shall accept as valid the claim 
     submitted by the provider of a contract care service.
       ``(c) Deadline for Payment of Valid Claim.--The Service 
     shall pay a valid contract care service claim within 30 days 
     after the completion of the claim.

     ``SEC. 224. LIABILITY FOR PAYMENT.

       ``(a) No Patient Liability.--A patient who receives 
     contract health care services that are authorized by the 
     Service shall not be liable for the payment of any charges or 
     costs associated with the provision of such services.
       ``(b) Notification.--The Secretary shall notify a contract 
     care provider and any patient who receives contract health 
     care services authorized by the Service that such patient is 
     not liable for the payment of any charges or costs associated 
     with the provision of such services not later than 5 business 
     days after receipt of a notification of a claim by a provider 
     of contract care services.
       ``(c) No Recourse.--Following receipt of the notice 
     provided under subsection (b), or, if a claim has been deemed 
     accepted under section 223(b), the provider shall have no 
     further recourse against the patient who received the 
     services.

     ``SEC. 225. OFFICE OF INDIAN MEN'S HEALTH.

       ``(a) Establishment.--The Secretary may establish within 
     the Service an office to be known as the `Office of Indian 
     Men's Health' (referred to in this section as the `Office').
       ``(b) Director.--
       ``(1) In general.--The Office shall be headed by a 
     director, to be appointed by the Secretary.
       ``(2) Duties.--The director shall coordinate and promote 
     the status of the health of Indian men in the United States.
       ``(c) Report.--Not later than 2 years after the date of 
     enactment of the Indian Health Care Improvement Act 
     Amendments of 2008, the Secretary, acting through the 
     director of the Office, shall submit to Congress a report 
     describing--
       ``(1) any activity carried out by the director as of the 
     date on which the report is prepared; and
       ``(2) any finding of the director with respect to the 
     health of Indian men.

     ``SEC. 226. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated such sums as may 
     be necessary for each fiscal year through fiscal year 2017 to 
     carry out this title.

                        ``TITLE III--FACILITIES

     ``SEC. 301. CONSULTATION; CONSTRUCTION AND RENOVATION OF 
                   FACILITIES; REPORTS.

       ``(a) Prerequisites for Expenditure of Funds.--Prior to the 
     expenditure of, or the making of any binding commitment to 
     expend, any funds appropriated for the planning, design, 
     construction, or renovation of facilities pursuant to the Act 
     of November 2, 1921 (25 U.S.C. 13) (commonly known as the

[[Page 576]]

     `Snyder Act'), the Secretary, acting through the Service, 
     shall--
       ``(1) consult with any Indian Tribe that would be 
     significantly affected by such expenditure for the purpose of 
     determining and, whenever practicable, honoring tribal 
     preferences concerning size, location, type, and other 
     characteristics of any facility on which such expenditure is 
     to be made; and
       ``(2) ensure, whenever practicable and applicable, that 
     such facility meets the construction standards of any 
     accrediting body recognized by the Secretary for the purposes 
     of the Medicare, Medicaid, and SCHIP programs under titles 
     XVIII, XIX, and XXI of the Social Security Act by not later 
     than 1 year after the date on which the construction or 
     renovation of such facility is completed.
       ``(b) Closures and Reductions in Hours of Service.--
       ``(1) Evaluation required.--Notwithstanding any other 
     provision of law, no facility operated by the Service, or any 
     portion of such facility, may be closed or have the hours of 
     service of the facility reduced if the Secretary has not 
     submitted to Congress not less than 1 year, and not more than 
     2 years, before the date of the proposed closure or reduction 
     in hours of service an evaluation, completed not more than 2 
     years before the submission, of the impact of the proposed 
     closure or reduction in hours of service that specifies, in 
     addition to other considerations--
       ``(A) the accessibility of alternative health care 
     resources for the population served by such facility;
       ``(B) the cost-effectiveness of such closure or reduction 
     in hours of service;
       ``(C) the quality of health care to be provided to the 
     population served by such facility after such closure or 
     reduction in hours of service;
       ``(D) the availability of contract health care funds to 
     maintain existing levels of service;
       ``(E) the views of the Indian Tribes served by such 
     facility concerning such closure or reduction in hours of 
     service;
       ``(F) the level of use of such facility by all eligible 
     Indians; and
       ``(G) the distance between such facility and the nearest 
     operating Service hospital.
       ``(2) Exception for certain temporary closures and 
     reductions.--Paragraph (1) shall not apply to any temporary 
     closure or reduction in hours of service of a facility or any 
     portion of a facility if such closure or reduction in hours 
     of service is necessary for medical, environmental, or 
     construction safety reasons.
       ``(c) Health Care Facility Priority System.--
       ``(1) In general.--
       ``(A) Priority system.--The Secretary, acting through the 
     Service, shall maintain a health care facility priority 
     system, which--
       ``(i) shall be developed in consultation with Indian Tribes 
     and Tribal Organizations;
       ``(ii) shall give Indian Tribes' needs the highest 
     priority;
       ``(iii)(I) may include the lists required in paragraph 
     (2)(B)(ii); and
       ``(II) shall include the methodology required in paragraph 
     (2)(B)(v); and
       ``(III) may include such other facilities, and such 
     renovation or expansion needs of any health care facility, as 
     the Service, Indian Tribes, and Tribal Organizations may 
     identify; and
       ``(iv) shall provide an opportunity for the nomination of 
     planning, design, and construction projects by the Service, 
     Indian Tribes, and Tribal Organizations for consideration 
     under the priority system at least once every 3 years, or 
     more frequently as the Secretary determines to be 
     appropriate.
       ``(B) Needs of facilities under isdeaa agreements.--The 
     Secretary shall ensure that the planning, design, 
     construction, renovation, and expansion needs of Service and 
     non-Service facilities operated under contracts or compacts 
     in accordance with the Indian Self-Determination and 
     Education Assistance Act (25 U.S.C. 450 et seq.) are fully 
     and equitably integrated into the health care facility 
     priority system.
       ``(C) Criteria for evaluating needs.--For purposes of this 
     subsection, the Secretary, in evaluating the needs of 
     facilities operated under a contract or compact under the 
     Indian Self-Determination and Education Assistance Act (25 
     U.S.C. 450 et seq.), shall use the criteria used by the 
     Secretary in evaluating the needs of facilities operated 
     directly by the Service.
       ``(D) Priority of certain projects protected.--The priority 
     of any project established under the construction priority 
     system in effect on the date of enactment of the Indian 
     Health Care Improvement Act Amendments of 2008 shall not be 
     affected by any change in the construction priority system 
     taking place after that date if the project--
       ``(i) was identified in the fiscal year 2008 Service budget 
     justification as--

       ``(I) 1 of the 10 top-priority inpatient projects;
       ``(II) 1 of the 10 top-priority outpatient projects;
       ``(III) 1 of the 10 top-priority staff quarters 
     developments; or
       ``(IV) 1 of the 10 top-priority Youth Regional Treatment 
     Centers;

       ``(ii) had completed both Phase I and Phase II of the 
     construction priority system in effect on the date of 
     enactment of such Act; or
       ``(iii) is not included in clause (i) or (ii) and is 
     selected, as determined by the Secretary--

       ``(I) on the initiative of the Secretary; or
       ``(II) pursuant to a request of an Indian Tribe or Tribal 
     Organization.

       ``(2) Report; contents.--
       ``(A) Initial comprehensive report.--
       ``(i) Definitions.--In this subparagraph:

       ``(I) Facilities appropriation advisory board.--The term 
     `Facilities Appropriation Advisory Board' means the advisory 
     board, comprised of 12 members representing Indian tribes and 
     2 members representing the Service, established at the 
     discretion of the Director--

       ``(aa) to provide advice and recommendations for policies 
     and procedures of the programs funded pursuant to facilities 
     appropriations; and
       ``(bb) to address other facilities issues.

       ``(II) Facilities needs assessment workgroup.--The term 
     `Facilities Needs Assessment Workgroup' means the workgroup 
     established at the discretion of the Director--

       ``(aa) to review the health care facilities construction 
     priority system; and
       ``(bb) to make recommendations to the Facilities 
     Appropriation Advisory Board for revising the priority 
     system.
       ``(ii) Initial report.--

       ``(I) In general.--Not later than 1 year after the date of 
     enactment of the Indian Health Care Improvement Act 
     Amendments of 2008, the Secretary shall submit to the 
     Committee on Indian Affairs of the Senate and the Committee 
     on Natural Resources of the House of Representatives a report 
     that describes the comprehensive, national, ranked list of 
     all health care facilities needs for the Service, Indian 
     Tribes, and Tribal Organizations (including inpatient health 
     care facilities, outpatient health care facilities, 
     specialized health care facilities (such as for long-term 
     care and alcohol and drug abuse treatment), wellness centers, 
     staff quarters and hostels associated with health care 
     facilities, and the renovation and expansion needs, if any, 
     of such facilities) developed by the Service, Indian Tribes, 
     and Tribal Organizations for the Facilities Needs Assessment 
     Workgroup and the Facilities Appropriation Advisory Board.
       ``(II) Inclusions.--The initial report shall include--

       ``(aa) the methodology and criteria used by the Service in 
     determining the needs and establishing the ranking of the 
     facilities needs; and
       ``(bb) such other information as the Secretary determines 
     to be appropriate.
       ``(iii) Updates of report.--Beginning in calendar year 
     2011, the Secretary shall--

       ``(I) update the report under clause (ii) not less 
     frequently that once every 5 years; and
       ``(II) include the updated report in the appropriate annual 
     report under subparagraph (B) for submission to Congress 
     under section 801.

       ``(B) Annual reports.--The Secretary shall submit to the 
     President, for inclusion in the report required to be 
     transmitted to Congress under section 801, a report which 
     sets forth the following:
       ``(i) A description of the health care facility priority 
     system of the Service established under paragraph (1).
       ``(ii) Health care facilities lists, which may include--

       ``(I) the 10 top-priority inpatient health care facilities;
       ``(II) the 10 top-priority outpatient health care 
     facilities;
       ``(III) the 10 top-priority specialized health care 
     facilities (such as long-term care and alcohol and drug abuse 
     treatment);
       ``(IV) the 10 top-priority staff quarters developments 
     associated with health care facilities; and
       ``(V) the 10 top-priority hostels associated with health 
     care facilities.

       ``(iii) The justification for such order of priority.
       ``(iv) The projected cost of such projects.
       ``(v) The methodology adopted by the Service in 
     establishing priorities under its health care facility 
     priority system.
       ``(3) Requirements for preparation of reports.--In 
     preparing the report required under paragraph (2), the 
     Secretary shall--
       ``(A) consult with and obtain information on all health 
     care facilities needs from Indian Tribes and Tribal 
     Organizations; and
       ``(B) review the total unmet needs of all Indian Tribes and 
     Tribal Organizations for health care facilities (including 
     hostels and staff quarters), including needs for renovation 
     and expansion of existing facilities.
       ``(d) Review of Methodology Used for Health Facilities 
     Construction Priority System.--
       ``(1) In general.--Not later than 1 year after the 
     establishment of the priority system under subsection 
     (c)(1)(A), the Comptroller General of the United States shall 
     prepare and finalize a report reviewing the methodologies 
     applied, and the processes followed, by the Service in making 
     each assessment of needs for the list under subsection 
     (c)(2)(A)(ii) and developing the priority system under 
     subsection (c)(1), including a review of--

[[Page 577]]

       ``(A) the recommendations of the Facilities Appropriation 
     Advisory Board and the Facilities Needs Assessment Workgroup 
     (as those terms are defined in subsection (c)(2)(A)(i)); and
       ``(B) the relevant criteria used in ranking or prioritizing 
     facilities other than hospitals or clinics.
       ``(2) Submission to congress.--The Comptroller General of 
     the United States shall submit the report under paragraph (1) 
     to--
       ``(A) the Committees on Indian Affairs and Appropriations 
     of the Senate;
       ``(B) the Committees on Natural Resources and 
     Appropriations of the House of Representatives; and
       ``(C) the Secretary.
       ``(e) Funding Condition.--All funds appropriated under the 
     Act of November 2, 1921 (25 U.S.C. 13) (commonly known as the 
     `Snyder Act'), for the planning, design, construction, or 
     renovation of health facilities for the benefit of 1 or more 
     Indian Tribes shall be subject to the provisions of the 
     Indian Self-Determination and Education Assistance Act (25 
     U.S.C. 450 et seq.).
       ``(f) Development of Innovative Approaches.--The Secretary 
     shall consult and cooperate with Indian Tribes and Tribal 
     Organizations, and confer with Urban Indian Organizations, in 
     developing innovative approaches to address all or part of 
     the total unmet need for construction of health facilities, 
     including those provided for in other sections of this title 
     and other approaches.

     ``SEC. 302. SANITATION FACILITIES.

       ``(a) Findings.--Congress finds the following:
       ``(1) The provision of sanitation facilities is primarily a 
     health consideration and function.
       ``(2) Indian people suffer an inordinately high incidence 
     of disease, injury, and illness directly attributable to the 
     absence or inadequacy of sanitation facilities.
       ``(3) The long-term cost to the United States of treating 
     and curing such disease, injury, and illness is substantially 
     greater than the short-term cost of providing sanitation 
     facilities and other preventive health measures.
       ``(4) Many Indian homes and Indian communities still lack 
     sanitation facilities.
       ``(5) It is in the interest of the United States, and it is 
     the policy of the United States, that all Indian communities 
     and Indian homes, new and existing, be provided with 
     sanitation facilities.
       ``(b) Facilities and Services.--In furtherance of the 
     findings made in subsection (a), Congress reaffirms the 
     primary responsibility and authority of the Service to 
     provide the necessary sanitation facilities and services as 
     provided in section 7 of the Act of August 5, 1954 (42 U.S.C. 
     2004a). Under such authority, the Secretary, acting through 
     the Service, is authorized to provide the following:
       ``(1) Financial and technical assistance to Indian Tribes, 
     Tribal Organizations, and Indian communities in the 
     establishment, training, and equipping of utility 
     organizations to operate and maintain sanitation facilities, 
     including the provision of existing plans, standard details, 
     and specifications available in the Department, to be used at 
     the option of the Indian Tribe, Tribal Organization, or 
     Indian community.
       ``(2) Ongoing technical assistance and training to Indian 
     Tribes, Tribal Organizations, and Indian communities in the 
     management of utility organizations which operate and 
     maintain sanitation facilities.
       ``(3) Priority funding for operation and maintenance 
     assistance for, and emergency repairs to, sanitation 
     facilities operated by an Indian Tribe, Tribal Organization 
     or Indian community when necessary to avoid an imminent 
     health threat or to protect the investment in sanitation 
     facilities and the investment in the health benefits gained 
     through the provision of sanitation facilities.
       ``(c) Funding.--Notwithstanding any other provision of 
     law--
       ``(1) the Secretary of Housing and Urban Development is 
     authorized to transfer funds appropriated under the Native 
     American Housing Assistance and Self-Determination Act of 
     1996 (25 U.S.C. 4101 et seq.) to the Secretary of Health and 
     Human Services;
       ``(2) the Secretary of Health and Human Services is 
     authorized to accept and use such funds for the purpose of 
     providing sanitation facilities and services for Indians 
     under section 7 of the Act of August 5, 1954 (42 U.S.C. 
     2004a);
       ``(3) unless specifically authorized when funds are 
     appropriated, the Secretary shall not use funds appropriated 
     under section 7 of the Act of August 5, 1954 (42 U.S.C. 
     2004a), to provide sanitation facilities to new homes 
     constructed using funds provided by the Department of Housing 
     and Urban Development;
       ``(4) the Secretary of Health and Human Services is 
     authorized to accept from any source, including Federal and 
     State agencies, funds for the purpose of providing sanitation 
     facilities and services and place these funds into contracts 
     or compacts under the Indian Self-Determination and Education 
     Assistance Act (25 U.S.C. 450 et seq.);
       ``(5) the Secretary is authorized to establish a program 
     under which the Secretary may, in accordance with this 
     subsection and with paragraphs (2), (3), (4), and (5) of 
     section 330(d) of the Public Health Service Act (42 U.S.C. 
     254b(d)) related to a loan guarantee program, guarantee the 
     principal and interest on loans made by lenders to Indian 
     Tribes for new projects to construct eligible sanitation 
     facilities to serve Indian homes, but only to the extent that 
     appropriations are provided in advance specifically for such 
     program, and without reducing funds made available for the 
     provision of domestic and community sanitation facilities for 
     Indians, as authorized by section 7 of the Act of August 5, 
     1954 (42 U.S.C. 2004a), the Indian Self-Determination and 
     Education Assistance Act (25 U.S.C. 450 et seq.), and this 
     Act;
       ``(6) except as otherwise prohibited by this section, the 
     Secretary may use funds appropriated under the authority of 
     section 7 of the Act of August 5, 1954 (42 U.S.C. 2004a) to 
     meet matching or cost participation requirements under other 
     Federal and non-Federal programs for new projects to 
     construct eligible sanitation facilities;
       ``(7) all Federal agencies are authorized to transfer to 
     the Secretary funds identified, granted, loaned, or 
     appropriated whereby the Department's applicable policies, 
     rules, and regulations shall apply in the implementation of 
     such projects;
       ``(8) the Secretary of Health and Human Services shall 
     enter into interagency agreements with Federal and State 
     agencies for the purpose of providing financial assistance 
     for sanitation facilities and services under this Act;
       ``(9) the Secretary of Health and Human Services shall, by 
     regulation, establish standards applicable to the planning, 
     design, and construction of sanitation facilities funded 
     under this Act; and
       ``(10) the Secretary of Health and Human Services is 
     authorized to accept payments for goods and services 
     furnished by the Service from appropriate public authorities, 
     nonprofit organizations or agencies, or Indian Tribes, as 
     contributions by that authority, organization, agency, or 
     tribe to agreements made under section 7 of the Act of August 
     5, 1954 (42 U.S.C. 2004a), and such payments shall be 
     credited to the same or subsequent appropriation account as 
     funds appropriated under the authority of section 7 of the 
     Act of August 5, 1954 (42 U.S.C. 2004a).
       ``(d) Certain Capabilities Not Prerequisite.--The financial 
     and technical capability of an Indian Tribe, Tribal 
     Organization, or Indian community to safely operate, manage, 
     and maintain a sanitation facility shall not be a 
     prerequisite to the provision or construction of sanitation 
     facilities by the Secretary.
       ``(e) Financial Assistance.--The Secretary is authorized to 
     provide financial assistance to Indian Tribes, Tribal 
     Organizations, and Indian communities for operation, 
     management, and maintenance of their sanitation facilities.
       ``(f) Operation, Management, and Maintenance of 
     Facilities.--The Indian Tribe has the primary responsibility 
     to establish, collect, and use reasonable user fees, or 
     otherwise set aside funding, for the purpose of operating, 
     managing, and maintaining sanitation facilities. If a 
     sanitation facility serving a community that is operated by 
     an Indian Tribe or Tribal Organization is threatened with 
     imminent failure and such operator lacks capacity to maintain 
     the integrity or the health benefits of the sanitation 
     facility, then the Secretary is authorized to assist the 
     Indian Tribe, Tribal Organization, or Indian community in the 
     resolution of the problem on a short-term basis through 
     cooperation with the emergency coordinator or by providing 
     operation, management, and maintenance service.
       ``(g) ISDEAA Program Funded on Equal Basis.--Tribal Health 
     Programs shall be eligible (on an equal basis with programs 
     that are administered directly by the Service) for--
       ``(1) any funds appropriated pursuant to this section; and
       ``(2) any funds appropriated for the purpose of providing 
     sanitation facilities.
       ``(h) Report.--
       ``(1) Required contents.--The Secretary, in consultation 
     with the Secretary of Housing and Urban Development, Indian 
     Tribes, Tribal Organizations, and tribally designated housing 
     entities (as defined in section 4 of the Native American 
     Housing Assistance and Self-Determination Act of 1996 (25 
     U.S.C. 4103)) shall submit to the President, for inclusion in 
     the report required to be transmitted to Congress under 
     section 801, a report which sets forth--
       ``(A) the current Indian sanitation facility priority 
     system of the Service;
       ``(B) the methodology for determining sanitation 
     deficiencies and needs;
       ``(C) the criteria on which the deficiencies and needs will 
     be evaluated;
       ``(D) the level of initial and final sanitation deficiency 
     for each type of sanitation facility for each project of each 
     Indian Tribe or Indian community;
       ``(E) the amount and most effective use of funds, derived 
     from whatever source, necessary to accommodate the sanitation 
     facilities needs of new homes assisted with funds under the 
     Native American Housing Assistance and Self-Determination Act 
     (25 U.S.C. 4101 et seq.), and to reduce the identified 
     sanitation deficiency levels of all Indian Tribes and Indian 
     communities to level I

[[Page 578]]

     sanitation deficiency as defined in paragraph (3)(A); and
       ``(F) a 10-year plan to provide sanitation facilities to 
     serve existing Indian homes and Indian communities and new 
     and renovated Indian homes.
       ``(2) Uniform methodology.--The methodology used by the 
     Secretary in determining, preparing cost estimates for, and 
     reporting sanitation deficiencies for purposes of paragraph 
     (1) shall be applied uniformly to all Indian Tribes and 
     Indian communities.
       ``(3) Sanitation deficiency levels.--For purposes of this 
     subsection, the sanitation deficiency levels for an 
     individual, Indian Tribe, or Indian community sanitation 
     facility to serve Indian homes are determined as follows:
       ``(A) A level I deficiency exists if a sanitation facility 
     serving an individual, Indian Tribe, or Indian community--
       ``(i) complies with all applicable water supply, pollution 
     control, and solid waste disposal laws; and
       ``(ii) deficiencies relate to routine replacement, repair, 
     or maintenance needs.
       ``(B) A level II deficiency exists if a sanitation facility 
     serving an individual, Indian Tribe, or Indian community 
     substantially or recently complied with all applicable water 
     supply, pollution control, and solid waste laws and any 
     deficiencies relate to--
       ``(i) small or minor capital improvements needed to bring 
     the facility back into compliance;
       ``(ii) capital improvements that are necessary to enlarge 
     or improve the facilities in order to meet the current needs 
     for domestic sanitation facilities; or
       ``(iii) the lack of equipment or training by an Indian 
     Tribe, Tribal Organization, or an Indian community to 
     properly operate and maintain the sanitation facilities.
       ``(C) A level III deficiency exists if a sanitation 
     facility serving an individual, Indian Tribe or Indian 
     community meets 1 or more of the following conditions--
       ``(i) water or sewer service in the home is provided by a 
     haul system with holding tanks and interior plumbing;
       ``(ii) major significant interruptions to water supply or 
     sewage disposal occur frequently, requiring major capital 
     improvements to correct the deficiencies; or
       ``(iii) there is no access to or no approved or permitted 
     solid waste facility available.
       ``(D) A level IV deficiency exists--
       ``(i) if a sanitation facility for an individual home, an 
     Indian Tribe, or an Indian community exists but--

       ``(I) lacks--

       ``(aa) a safe water supply system; or
       ``(bb) a waste disposal system;

       ``(II) contains no piped water or sewer facilities; or
       ``(III) has become inoperable due to a major component 
     failure; or

       ``(ii) if only a washeteria or central facility exists in 
     the community.
       ``(E) A level V deficiency exists in the absence of a 
     sanitation facility, where individual homes do not have 
     access to safe drinking water or adequate wastewater 
     (including sewage) disposal.
       ``(i) Definitions.--For purposes of this section, the 
     following terms apply:
       ``(1) Indian community.--The term `Indian community' means 
     a geographic area, a significant proportion of whose 
     inhabitants are Indians and which is served by or capable of 
     being served by a facility described in this section.
       ``(2) Sanitation facilities.--The terms `sanitation 
     facility' and `sanitation facilities' mean safe and adequate 
     water supply systems, sanitary sewage disposal systems, and 
     sanitary solid waste systems (and all related equipment and 
     support infrastructure).

     ``SEC. 303. PREFERENCE TO INDIANS AND INDIAN FIRMS.

       ``(a) Buy Indian Act.--The Secretary, acting through the 
     Service, may use the negotiating authority of section 23 of 
     the Act of June 25, 1910 (25 U.S.C. 47, commonly known as the 
     `Buy Indian Act'), to give preference to any Indian or any 
     enterprise, partnership, corporation, or other type of 
     business organization owned and controlled by an Indian or 
     Indians including former or currently federally recognized 
     Indian Tribes in the State of New York (hereinafter referred 
     to as an `Indian firm') in the construction and renovation of 
     Service facilities pursuant to section 301 and in the 
     construction of sanitation facilities pursuant to section 
     302. Such preference may be accorded by the Secretary unless 
     the Secretary finds, pursuant to regulations, that the 
     project or function to be contracted for will not be 
     satisfactory or such project or function cannot be properly 
     completed or maintained under the proposed contract. The 
     Secretary, in arriving at such a finding, shall consider 
     whether the Indian or Indian firm will be deficient with 
     respect to--
       ``(1) ownership and control by Indians;
       ``(2) equipment;
       ``(3) bookkeeping and accounting procedures;
       ``(4) substantive knowledge of the project or function to 
     be contracted for;
       ``(5) adequately trained personnel; or
       ``(6) other necessary components of contract performance.
       ``(b) Labor Standards.--
       ``(1) In general.--For the purposes of implementing the 
     provisions of this title, contracts for the construction or 
     renovation of health care facilities, staff quarters, and 
     sanitation facilities, and related support infrastructure, 
     funded in whole or in part with funds made available pursuant 
     to this title, shall contain a provision requiring compliance 
     with subchapter IV of chapter 31 of title 40, United States 
     Code (commonly known as the `Davis-Bacon Act'), unless such 
     construction or renovation--
       ``(A) is performed by a contractor pursuant to a contract 
     with an Indian Tribe or Tribal Organization with funds 
     supplied through a contract or compact authorized by the 
     Indian Self-Determination and Education Assistance Act (25 
     U.S.C. 450 et seq.), or other statutory authority; and
       ``(B) is subject to prevailing wage rates for similar 
     construction or renovation in the locality as determined by 
     the Indian Tribes or Tribal Organizations to be served by the 
     construction or renovation.
       ``(2) Exception.--This subsection shall not apply to 
     construction or renovation carried out by an Indian Tribe or 
     Tribal Organization with its own employees.

     ``SEC. 304. EXPENDITURE OF NON-SERVICE FUNDS FOR RENOVATION.

       ``(a) In General.--Notwithstanding any other provision of 
     law, if the requirements of subsection (c) are met, the 
     Secretary, acting through the Service, is authorized to 
     accept any major expansion, renovation, or modernization by 
     any Indian Tribe or Tribal Organization of any Service 
     facility or of any other Indian health facility operated 
     pursuant to a contract or compact under the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 450 et 
     seq.), including--
       ``(1) any plans or designs for such expansion, renovation, 
     or modernization; and
       ``(2) any expansion, renovation, or modernization for which 
     funds appropriated under any Federal law were lawfully 
     expended.
       ``(b) Priority List.--
       ``(1) In general.--The Secretary shall maintain a separate 
     priority list to address the needs for increased operating 
     expenses, personnel, or equipment for such facilities. The 
     methodology for establishing priorities shall be developed 
     through regulations. The list of priority facilities will be 
     revised annually in consultation with Indian Tribes and 
     Tribal Organizations.
       ``(2) Report.--The Secretary shall submit to the President, 
     for inclusion in the report required to be transmitted to 
     Congress under section 801, the priority list maintained 
     pursuant to paragraph (1).
       ``(c) Requirements.--The requirements of this subsection 
     are met with respect to any expansion, renovation, or 
     modernization if--
       ``(1) the Indian Tribe or Tribal Organization--
       ``(A) provides notice to the Secretary of its intent to 
     expand, renovate, or modernize; and
       ``(B) applies to the Secretary to be placed on a separate 
     priority list to address the needs of such new facilities for 
     increased operating expenses, personnel, or equipment; and
       ``(2) the expansion, renovation, or modernization--
       ``(A) is approved by the appropriate area Director for 
     Federal facilities; and
       ``(B) is administered by the Indian Tribe or Tribal 
     Organization in accordance with any applicable regulations 
     prescribed by the Secretary with respect to construction or 
     renovation of Service facilities.
       ``(d) Additional Requirement for Expansion.--In addition to 
     the requirements under subsection (c), for any expansion, the 
     Indian Tribe or Tribal Organization shall provide to the 
     Secretary additional information pursuant to regulations, 
     including additional staffing, equipment, and other costs 
     associated with the expansion.
       ``(e) Closure or Conversion of Facilities.--If any Service 
     facility which has been expanded, renovated, or modernized by 
     an Indian Tribe or Tribal Organization under this section 
     ceases to be used as a Service facility during the 20-year 
     period beginning on the date such expansion, renovation, or 
     modernization is completed, such Indian Tribe or Tribal 
     Organization shall be entitled to recover from the United 
     States an amount which bears the same ratio to the value of 
     such facility at the time of such cessation as the value of 
     such expansion, renovation, or modernization (less the total 
     amount of any funds provided specifically for such facility 
     under any Federal program that were expended for such 
     expansion, renovation, or modernization) bore to the value of 
     such facility at the time of the completion of such 
     expansion, renovation, or modernization.

     ``SEC. 305. FUNDING FOR THE CONSTRUCTION, EXPANSION, AND 
                   MODERNIZATION OF SMALL AMBULATORY CARE 
                   FACILITIES.

       ``(a) Grants.--
       ``(1) In general.--The Secretary, acting through the 
     Service, shall make grants to Indian Tribes and Tribal 
     Organizations for the construction, expansion, or 
     modernization of facilities for the provision of ambulatory 
     care services to eligible Indians (and noneligible persons 
     pursuant to subsections (b)(2) and (c)(1)(C)). A grant made 
     under this section may cover up to 100 percent of the costs 
     of such construction, expansion, or

[[Page 579]]

     modernization. For the purposes of this section, the term 
     `construction' includes the replacement of an existing 
     facility.
       ``(2) Grant agreement required.--A grant under paragraph 
     (1) may only be made available to a Tribal Health Program 
     operating an Indian health facility (other than a facility 
     owned or constructed by the Service, including a facility 
     originally owned or constructed by the Service and 
     transferred to an Indian Tribe or Tribal Organization).
       ``(b) Use of Grant Funds.--
       ``(1) Allowable uses.--A grant awarded under this section 
     may be used for the construction, expansion, or modernization 
     (including the planning and design of such construction, 
     expansion, or modernization) of an ambulatory care facility--
       ``(A) located apart from a hospital;
       ``(B) not funded under section 301 or section 306; and
       ``(C) which, upon completion of such construction or 
     modernization will--
       ``(i) have a total capacity appropriate to its projected 
     service population;
       ``(ii) provide annually no fewer than 150 patient visits by 
     eligible Indians and other users who are eligible for 
     services in such facility in accordance with section 
     807(c)(2); and
       ``(iii) provide ambulatory care in a Service Area 
     (specified in the contract or compact under the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 450 et 
     seq.)) with a population of no fewer than 1,500 eligible 
     Indians and other users who are eligible for services in such 
     facility in accordance with section 807(c)(2).
       ``(2) Additional allowable use.--The Secretary may also 
     reserve a portion of the funding provided under this section 
     and use those reserved funds to reduce an outstanding debt 
     incurred by Indian Tribes or Tribal Organizations for the 
     construction, expansion, or modernization of an ambulatory 
     care facility that meets the requirements under paragraph 
     (1). The provisions of this section shall apply, except that 
     such applications for funding under this paragraph shall be 
     considered separately from applications for funding under 
     paragraph (1).
       ``(3) Use only for certain portion of costs.--A grant 
     provided under this section may be used only for the cost of 
     that portion of a construction, expansion, or modernization 
     project that benefits the Service population identified above 
     in subsection (b)(1)(C) (ii) and (iii). The requirements of 
     clauses (ii) and (iii) of paragraph (1)(C) shall not apply to 
     an Indian Tribe or Tribal Organization applying for a grant 
     under this section for a health care facility located or to 
     be constructed on an island or when such facility is not 
     located on a road system providing direct access to an 
     inpatient hospital where care is available to the Service 
     population.
       ``(c) Grants.--
       ``(1) Application.--No grant may be made under this section 
     unless an application or proposal for the grant has been 
     approved by the Secretary in accordance with applicable 
     regulations and has set forth reasonable assurance by the 
     applicant that, at all times after the construction, 
     expansion, or modernization of a facility carried out using a 
     grant received under this section--
       ``(A) adequate financial support will be available for the 
     provision of services at such facility;
       ``(B) such facility will be available to eligible Indians 
     without regard to ability to pay or source of payment; and
       ``(C) such facility will, as feasible without diminishing 
     the quality or quantity of services provided to eligible 
     Indians, serve noneligible persons on a cost basis.
       ``(2) Priority.--In awarding grants under this section, the 
     Secretary shall give priority to Indian Tribes and Tribal 
     Organizations that demonstrate--
       ``(A) a need for increased ambulatory care services; and
       ``(B) insufficient capacity to deliver such services.
       ``(3) Peer review panels.--The Secretary may provide for 
     the establishment of peer review panels, as necessary, to 
     review and evaluate applications and proposals and to advise 
     the Secretary regarding such applications using the criteria 
     developed pursuant to subsection (a)(1).
       ``(d) Reversion of Facilities.--If any facility (or portion 
     thereof) with respect to which funds have been paid under 
     this section, ceases, at any time after completion of the 
     construction, expansion, or modernization carried out with 
     such funds, to be used for the purposes of providing health 
     care services to eligible Indians, all of the right, title, 
     and interest in and to such facility (or portion thereof) 
     shall transfer to the United States unless otherwise 
     negotiated by the Service and the Indian Tribe or Tribal 
     Organization.
       ``(e) Funding Nonrecurring.--Funding provided under this 
     section shall be nonrecurring and shall not be available for 
     inclusion in any individual Indian Tribe's tribal share for 
     an award under the Indian Self-Determination and Education 
     Assistance Act (25 U.S.C. 450 et seq.) or for reallocation or 
     redesign thereunder.

     ``SEC. 306. INDIAN HEALTH CARE DELIVERY DEMONSTRATION 
                   PROJECTS.

       ``(a) In General.--The Secretary, acting through the 
     Service, is authorized to carry out, or to enter into 
     construction agreements under the Indian Self-Determination 
     and Education Assistance Act (25 U.S.C. 450 et seq.) with 
     Indian Tribes or Tribal Organizations to carry out, a health 
     care delivery demonstration project to test alternative means 
     of delivering health care and services to Indians through 
     facilities.
       ``(b) Use of Funds.--The Secretary, in approving projects 
     pursuant to this section, may authorize such construction 
     agreements for the construction and renovation of hospitals, 
     health centers, health stations, and other facilities to 
     deliver health care services and is authorized to--
       ``(1) waive any leasing prohibition;
       ``(2) permit carryover of funds appropriated for the 
     provision of health care services;
       ``(3) permit the use of other available funds;
       ``(4) permit the use of funds or property donated from any 
     source for project purposes;
       ``(5) provide for the reversion of donated real or personal 
     property to the donor; and
       ``(6) permit the use of Service funds to match other funds, 
     including Federal funds.
       ``(c) Health Care Demonstration Projects.--
       ``(1) General projects.--
       ``(A) Criteria.--The Secretary may approve under this 
     section demonstration projects that meet the following 
     criteria:
       ``(i) There is a need for a new facility or program, such 
     as a program for convenient care services, or the 
     reorientation of an existing facility or program.
       ``(ii) A significant number of Indians, including Indians 
     with low health status, will be served by the project.
       ``(iii) The project has the potential to deliver services 
     in an efficient and effective manner.
       ``(iv) The project is economically viable.
       ``(v) For projects carried out by an Indian Tribe or Tribal 
     Organization, the Indian Tribe or Tribal Organization has the 
     administrative and financial capability to administer the 
     project.
       ``(vi) The project is integrated with providers of related 
     health and social services and is coordinated with, and 
     avoids duplication of, existing services in order to expand 
     the availability of services.
       ``(B) Priority.--In approving demonstration projects under 
     this paragraph, the Secretary shall give priority to 
     demonstration projects, to the extent the projects meet the 
     criteria described in subparagraph (A), located in any of the 
     following Service Units:
       ``(i) Cass Lake, Minnesota.
       ``(ii) Mescalero, New Mexico.
       ``(iii) Owyhee, Nevada.
       ``(iv) Schurz, Nevada.
       ``(v) Ft. Yuma, California.
       ``(2) Convenient care service projects.--
       ``(A) Definition of convenient care service.--In this 
     paragraph, the term `convenient care service' means any 
     primary health care service, such as urgent care services, 
     nonemergent care services, prevention services and 
     screenings, and any service authorized by sections 203 or 
     213(d), that is--
       ``(i) provided outside the regular hours of operation of a 
     health care facility; or
       ``(ii) offered at an alternative setting, including through 
     telehealth.
       ``(B) Approval.--In addition to projects described in 
     paragraph (1), in any fiscal year, the Secretary is 
     authorized to approve not more than 10 applications for 
     health care delivery demonstration projects that--
       ``(i) include a convenient care services program as an 
     alternative means of delivering health care services to 
     Indians; and
       ``(ii) meet the criteria described in subparagraph (C).
       ``(C) Criteria.--The Secretary shall approve under 
     subparagraph (B) demonstration projects that meet all of the 
     following criteria:
       ``(i) The criteria set forth in paragraph (1)(A).
       ``(ii) There is a lack of access to health care services at 
     existing health care facilities, which may be due to limited 
     hours of operation at those facilities or other factors.
       ``(iii) The project--

       ``(I) expands the availability of services; or
       ``(II) reduces--

       ``(aa) the burden on Contract Health Services; or
       ``(bb) the need for emergency room visits.
       ``(d) Peer Review Panels.--The Secretary may provide for 
     the establishment of peer review panels, as necessary, to 
     review and evaluate applications using the criteria described 
     in paragraphs (1)(A) and (2)(C) of subsection (c).
       ``(e) Technical Assistance.--The Secretary shall provide 
     such technical and other assistance as may be necessary to 
     enable applicants to comply with this section.
       ``(f) Service to Ineligible Persons.--Subject to section 
     807, the authority to provide services to persons otherwise 
     ineligible for the health care benefits of the Service, and 
     the authority to extend hospital privileges in Service 
     facilities to non-Service health practitioners as provided in 
     section 807, may be included, subject to the terms of that 
     section, in any demonstration project approved pursuant to 
     this section.
       ``(g) Equitable Treatment.--For purposes of subsection (c), 
     the Secretary, in evaluating facilities operated under any 
     contract or compact under the Indian Self-Determination and 
     Education Assistance Act (25 U.S.C.

[[Page 580]]

     450 et seq.), shall use the same criteria that the Secretary 
     uses in evaluating facilities operated directly by the 
     Service.
       ``(h) Equitable Integration of Facilities.--The Secretary 
     shall ensure that the planning, design, construction, 
     renovation, and expansion needs of Service and non-Service 
     facilities that are the subject of a contract or compact 
     under the Indian Self-Determination and Education Assistance 
     Act (25 U.S.C. 450 et seq.) for health services are fully and 
     equitably integrated into the implementation of the health 
     care delivery demonstration projects under this section.

     ``SEC. 307. LAND TRANSFER.

       ``Notwithstanding any other provision of law, the Bureau of 
     Indian Affairs and all other agencies and departments of the 
     United States are authorized to transfer, at no cost, land 
     and improvements to the Service for the provision of health 
     care services. The Secretary is authorized to accept such 
     land and improvements for such purposes.

     ``SEC. 308. LEASES, CONTRACTS, AND OTHER AGREEMENTS.

       ``The Secretary, acting through the Service, may enter into 
     leases, contracts, and other agreements with Indian Tribes 
     and Tribal Organizations which hold (1) title to, (2) a 
     leasehold interest in, or (3) a beneficial interest in (when 
     title is held by the United States in trust for the benefit 
     of an Indian Tribe) facilities used or to be used for the 
     administration and delivery of health services by an Indian 
     Health Program. Such leases, contracts, or agreements may 
     include provisions for construction or renovation and provide 
     for compensation to the Indian Tribe or Tribal Organization 
     of rental and other costs consistent with section 105(l) of 
     the Indian Self-Determination and Education Assistance Act 
     (25 U.S.C. 450j(l)) and regulations thereunder.

     ``SEC. 309. STUDY ON LOANS, LOAN GUARANTEES, AND LOAN 
                   REPAYMENT.

       ``(a) In General.--The Secretary, in consultation with the 
     Secretary of the Treasury, Indian Tribes, and Tribal 
     Organizations, shall carry out a study to determine the 
     feasibility of establishing a loan fund to provide to Indian 
     Tribes and Tribal Organizations direct loans or guarantees 
     for loans for the construction of health care facilities, 
     including--
       ``(1) inpatient facilities;
       ``(2) outpatient facilities;
       ``(3) staff quarters;
       ``(4) hostels; and
       ``(5) specialized care facilities, such as behavioral 
     health and elder care facilities.
       ``(b) Determinations.--In carrying out the study under 
     subsection (a), the Secretary shall determine--
       ``(1) the maximum principal amount of a loan or loan 
     guarantee that should be offered to a recipient from the loan 
     fund;
       ``(2) the percentage of eligible costs, not to exceed 100 
     percent, that may be covered by a loan or loan guarantee from 
     the loan fund (including costs relating to planning, design, 
     financing, site land development, construction, 
     rehabilitation, renovation, conversion, improvements, medical 
     equipment and furnishings, and other facility-related costs 
     and capital purchase (but excluding staffing));
       ``(3) the cumulative total of the principal of direct loans 
     and loan guarantees, respectively, that may be outstanding at 
     any 1 time;
       ``(4) the maximum term of a loan or loan guarantee that may 
     be made for a facility from the loan fund;
       ``(5) the maximum percentage of funds from the loan fund 
     that should be allocated for payment of costs associated with 
     planning and applying for a loan or loan guarantee;
       ``(6) whether acceptance by the Secretary of an assignment 
     of the revenue of an Indian Tribe or Tribal Organization as 
     security for any direct loan or loan guarantee from the loan 
     fund would be appropriate;
       ``(7) whether, in the planning and design of health 
     facilities under this section, users eligible under section 
     807(c) may be included in any projection of patient 
     population;
       ``(8) whether funds of the Service provided through loans 
     or loan guarantees from the loan fund should be eligible for 
     use in matching other Federal funds under other programs;
       ``(9) the appropriateness of, and best methods for, 
     coordinating the loan fund with the health care priority 
     system of the Service under section 301; and
       ``(10) any legislative or regulatory changes required to 
     implement recommendations of the Secretary based on results 
     of the study.
       ``(c) Report.--Not later than September 30, 2009, the 
     Secretary shall submit to the Committee on Indian Affairs of 
     the Senate and the Committee on Natural Resources and the 
     Committee on Energy and Commerce of the House of 
     Representatives a report that describes--
       ``(1) the manner of consultation made as required by 
     subsection (a); and
       ``(2) the results of the study, including any 
     recommendations of the Secretary based on results of the 
     study.

     ``SEC. 310. TRIBAL LEASING.

       ``A Tribal Health Program may lease permanent structures 
     for the purpose of providing health care services without 
     obtaining advance approval in appropriation Acts.

     ``SEC. 311. INDIAN HEALTH SERVICE/TRIBAL FACILITIES JOINT 
                   VENTURE PROGRAM.

       ``(a) In General.--The Secretary, acting through the 
     Service, shall make arrangements with Indian Tribes and 
     Tribal Organizations to establish joint venture demonstration 
     projects under which an Indian Tribe or Tribal Organization 
     shall expend tribal, private, or other available funds, for 
     the acquisition or construction of a health facility for a 
     minimum of 10 years, under a no-cost lease, in exchange for 
     agreement by the Service to provide the equipment, supplies, 
     and staffing for the operation and maintenance of such a 
     health facility. An Indian Tribe or Tribal Organization may 
     use tribal funds, private sector, or other available 
     resources, including loan guarantees, to fulfill its 
     commitment under a joint venture entered into under this 
     subsection. An Indian Tribe or Tribal Organization shall be 
     eligible to establish a joint venture project if, when it 
     submits a letter of intent, it--
       ``(1) has begun but not completed the process of 
     acquisition or construction of a health facility to be used 
     in the joint venture project; or
       ``(2) has not begun the process of acquisition or 
     construction of a health facility for use in the joint 
     venture project.
       ``(b) Requirements.--The Secretary shall make such an 
     arrangement with an Indian Tribe or Tribal Organization only 
     if--
       ``(1) the Secretary first determines that the Indian Tribe 
     or Tribal Organization has the administrative and financial 
     capabilities necessary to complete the timely acquisition or 
     construction of the relevant health facility; and
       ``(2) the Indian Tribe or Tribal Organization meets the 
     need criteria determined using the criteria developed under 
     the health care facility priority system under section 301, 
     unless the Secretary determines, pursuant to regulations, 
     that other criteria will result in a more cost-effective and 
     efficient method of facilitating and completing construction 
     of health care facilities.
       ``(c) Continued Operation.--The Secretary shall negotiate 
     an agreement with the Indian Tribe or Tribal Organization 
     regarding the continued operation of the facility at the end 
     of the initial 10 year no-cost lease period.
       ``(d) Breach of Agreement.--An Indian Tribe or Tribal 
     Organization that has entered into a written agreement with 
     the Secretary under this section, and that breaches or 
     terminates without cause such agreement, shall be liable to 
     the United States for the amount that has been paid to the 
     Indian Tribe or Tribal Organization, or paid to a third party 
     on the Indian Tribe's or Tribal Organization's behalf, under 
     the agreement. The Secretary has the right to recover 
     tangible property (including supplies) and equipment, less 
     depreciation, and any funds expended for operations and 
     maintenance under this section. The preceding sentence does 
     not apply to any funds expended for the delivery of health 
     care services, personnel, or staffing.
       ``(e) Recovery for Nonuse.--An Indian Tribe or Tribal 
     Organization that has entered into a written agreement with 
     the Secretary under this subsection shall be entitled to 
     recover from the United States an amount that is proportional 
     to the value of such facility if, at any time within the 10-
     year term of the agreement, the Service ceases to use the 
     facility or otherwise breaches the agreement.
       ``(f) Definition.--For the purposes of this section, the 
     term `health facility' or `health facilities' includes 
     quarters needed to provide housing for staff of the relevant 
     Tribal Health Program.

     ``SEC. 312. LOCATION OF FACILITIES.

       ``(a) In General.--In all matters involving the 
     reorganization or development of Service facilities or in the 
     establishment of related employment projects to address 
     unemployment conditions in economically depressed areas, the 
     Bureau of Indian Affairs and the Service shall give priority 
     to locating such facilities and projects on Indian lands, or 
     lands in Alaska owned by any Alaska Native village, or 
     village or regional corporation under the Alaska Native 
     Claims Settlement Act (43 U.S.C. 1601 et seq.), or any land 
     allotted to any Alaska Native, if requested by the Indian 
     owner and the Indian Tribe with jurisdiction over such lands 
     or other lands owned or leased by the Indian Tribe or Tribal 
     Organization. Top priority shall be given to Indian land 
     owned by 1 or more Indian Tribes.
       ``(b) Definition.--For purposes of this section, the term 
     `Indian lands' means--
       ``(1) all lands within the exterior boundaries of any 
     reservation; and
       ``(2) any lands title to which is held in trust by the 
     United States for the benefit of any Indian Tribe or 
     individual Indian or held by any Indian Tribe or individual 
     Indian subject to restriction by the United States against 
     alienation.

     ``SEC. 313. MAINTENANCE AND IMPROVEMENT OF HEALTH CARE 
                   FACILITIES.

       ``(a) Report.--The Secretary shall submit to the President, 
     for inclusion in the report required to be transmitted to 
     Congress under section 801, a report which identifies the 
     backlog of maintenance and repair work required at both 
     Service and tribal health care facilities, including new 
     health care facilities expected to be in operation in the 
     next fiscal year. The report shall also identify the

[[Page 581]]

     need for renovation and expansion of existing facilities to 
     support the growth of health care programs.
       ``(b) Maintenance of Newly Constructed Space.--The 
     Secretary, acting through the Service, is authorized to 
     expend maintenance and improvement funds to support 
     maintenance of newly constructed space only if such space 
     falls within the approved supportable space allocation for 
     the Indian Tribe or Tribal Organization. Supportable space 
     allocation shall be defined through the health care facility 
     priority system under section 301(c).
       ``(c) Replacement Facilities.--In addition to using 
     maintenance and improvement funds for renovation, 
     modernization, and expansion of facilities, an Indian Tribe 
     or Tribal Organization may use maintenance and improvement 
     funds for construction of a replacement facility if the costs 
     of renovation of such facility would exceed a maximum 
     renovation cost threshold. The maximum renovation cost 
     threshold shall be determined through the negotiated 
     rulemaking process provided for under section 802.

     ``SEC. 314. TRIBAL MANAGEMENT OF FEDERALLY-OWNED QUARTERS.

       ``(a) Rental Rates.--
       ``(1) Establishment.--Notwithstanding any other provision 
     of law, a Tribal Health Program which operates a hospital or 
     other health facility and the federally-owned quarters 
     associated therewith pursuant to a contract or compact under 
     the Indian Self-Determination and Education Assistance Act 
     (25 U.S.C. 450 et seq.) shall have the authority to establish 
     the rental rates charged to the occupants of such quarters by 
     providing notice to the Secretary of its election to exercise 
     such authority.
       ``(2) Objectives.--In establishing rental rates pursuant to 
     authority of this subsection, a Tribal Health Program shall 
     endeavor to achieve the following objectives:
       ``(A) To base such rental rates on the reasonable value of 
     the quarters to the occupants thereof.
       ``(B) To generate sufficient funds to prudently provide for 
     the operation and maintenance of the quarters, and subject to 
     the discretion of the Tribal Health Program, to supply 
     reserve funds for capital repairs and replacement of the 
     quarters.
       ``(3) Equitable funding.--Any quarters whose rental rates 
     are established by a Tribal Health Program pursuant to this 
     subsection shall remain eligible for quarters improvement and 
     repair funds to the same extent as all federally-owned 
     quarters used to house personnel in Services-supported 
     programs.
       ``(4) Notice of rate change.--A Tribal Health Program which 
     exercises the authority provided under this subsection shall 
     provide occupants with no less than 60 days notice of any 
     change in rental rates.
       ``(b) Direct Collection of Rent.--
       ``(1) In general.--Notwithstanding any other provision of 
     law, and subject to paragraph (2), a Tribal Health Program 
     shall have the authority to collect rents directly from 
     Federal employees who occupy such quarters in accordance with 
     the following:
       ``(A) The Tribal Health Program shall notify the Secretary 
     and the subject Federal employees of its election to exercise 
     its authority to collect rents directly from such Federal 
     employees.
       ``(B) Upon receipt of a notice described in subparagraph 
     (A), the Federal employees shall pay rents for occupancy of 
     such quarters directly to the Tribal Health Program and the 
     Secretary shall have no further authority to collect rents 
     from such employees through payroll deduction or otherwise.
       ``(C) Such rent payments shall be retained by the Tribal 
     Health Program and shall not be made payable to or otherwise 
     be deposited with the United States.
       ``(D) Such rent payments shall be deposited into a separate 
     account which shall be used by the Tribal Health Program for 
     the maintenance (including capital repairs and replacement) 
     and operation of the quarters and facilities as the Tribal 
     Health Program shall determine.
       ``(2) Retrocession of authority.--If a Tribal Health 
     Program which has made an election under paragraph (1) 
     requests retrocession of its authority to directly collect 
     rents from Federal employees occupying federally-owned 
     quarters, such retrocession shall become effective on the 
     earlier of--
       ``(A) the first day of the month that begins no less than 
     180 days after the Tribal Health Program notifies the 
     Secretary of its desire to retrocede; or
       ``(B) such other date as may be mutually agreed by the 
     Secretary and the Tribal Health Program.
       ``(c) Rates in Alaska.--To the extent that a Tribal Health 
     Program, pursuant to authority granted in subsection (a), 
     establishes rental rates for federally-owned quarters 
     provided to a Federal employee in Alaska, such rents may be 
     based on the cost of comparable private rental housing in the 
     nearest established community with a year-round population of 
     1,500 or more individuals.

     ``SEC. 315. APPLICABILITY OF BUY AMERICAN ACT REQUIREMENT.

       ``(a) Applicability.--The Secretary shall ensure that the 
     requirements of the Buy American Act apply to all 
     procurements made with funds provided pursuant to section 
     317. Indian Tribes and Tribal Organizations shall be exempt 
     from these requirements.
       ``(b) Effect of Violation.--If it has been finally 
     determined by a court or Federal agency that any person 
     intentionally affixed a label bearing a `Made in America' 
     inscription or any inscription with the same meaning, to any 
     product sold in or shipped to the United States that is not 
     made in the United States, such person shall be ineligible to 
     receive any contract or subcontract made with funds provided 
     pursuant to section 317, pursuant to the debarment, 
     suspension, and ineligibility procedures described in 
     sections 9.400 through 9.409 of title 48, Code of Federal 
     Regulations.
       ``(c) Definitions.--For purposes of this section, the term 
     `Buy American Act' means title III of the Act entitled `An 
     Act making appropriations for the Treasury and Post Office 
     Departments for the fiscal year ending June 30, 1934, and for 
     other purposes', approved March 3, 1933 (41 U.S.C. 10a et 
     seq.).

     ``SEC. 316. OTHER FUNDING FOR FACILITIES.

       ``(a) Authority To Accept Funds.--The Secretary is 
     authorized to accept from any source, including Federal and 
     State agencies, funds that are available for the construction 
     of health care facilities and use such funds to plan, design, 
     and construct health care facilities for Indians and to place 
     such funds into a contract or compact under the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 450 et 
     seq.). Receipt of such funds shall have no effect on the 
     priorities established pursuant to section 301.
       ``(b) Interagency Agreements.--The Secretary is authorized 
     to enter into interagency agreements with other Federal 
     agencies or State agencies and other entities and to accept 
     funds from such Federal or State agencies or other sources to 
     provide for the planning, design, and construction of health 
     care facilities to be administered by Indian Health Programs 
     in order to carry out the purposes of this Act and the 
     purposes for which the funds were appropriated or for which 
     the funds were otherwise provided.
       ``(c) Establishment of Standards.--The Secretary, through 
     the Service, shall establish standards by regulation for the 
     planning, design, and construction of health care facilities 
     serving Indians under this Act.

     ``SEC. 317. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated such sums as may 
     be necessary for each fiscal year through fiscal year 2017 to 
     carry out this title.

                 ``TITLE IV--ACCESS TO HEALTH SERVICES

     ``SEC. 401. TREATMENT OF PAYMENTS UNDER SOCIAL SECURITY ACT 
                   HEALTH BENEFITS PROGRAMS.

       ``(a) Disregard of Medicare, Medicaid, and SCHIP Payments 
     in Determining Appropriations.--Any payments received by an 
     Indian Health Program or by an Urban Indian Organization 
     under title XVIII, XIX, or XXI of the Social Security Act for 
     services provided to Indians eligible for benefits under such 
     respective titles shall not be considered in determining 
     appropriations for the provision of health care and services 
     to Indians.
       ``(b) Nonpreferential Treatment.--Nothing in this Act 
     authorizes the Secretary to provide services to an Indian 
     with coverage under title XVIII, XIX, or XXI of the Social 
     Security Act in preference to an Indian without such 
     coverage.
       ``(c) Use of Funds.--
       ``(1) Special fund.--
       ``(A) 100 percent pass-through of payments due to 
     facilities.--Notwithstanding any other provision of law, but 
     subject to paragraph (2), payments to which a facility of the 
     Service is entitled by reason of a provision of the Social 
     Security Act shall be placed in a special fund to be held by 
     the Secretary. In making payments from such fund, the 
     Secretary shall ensure that each Service Unit of the Service 
     receives 100 percent of the amount to which the facilities of 
     the Service, for which such Service Unit makes collections, 
     are entitled by reason of a provision of the Social Security 
     Act.
       ``(B) Use of funds.--Amounts received by a facility of the 
     Service under subparagraph (A) shall first be used (to such 
     extent or in such amounts as are provided in appropriation 
     Acts) for the purpose of making any improvements in the 
     programs of the Service operated by or through such facility 
     which may be necessary to achieve or maintain compliance with 
     the applicable conditions and requirements of titles XVIII 
     and XIX of the Social Security Act. Any amounts so received 
     that are in excess of the amount necessary to achieve or 
     maintain such conditions and requirements shall, subject to 
     consultation with the Indian Tribes being served by the 
     Service Unit, be used for reducing the health resource 
     deficiencies (as determined under section 201(d)) of such 
     Indian Tribes.
       ``(2) Direct payment option.--Paragraph (1) shall not apply 
     to a Tribal Health Program upon the election of such Program 
     under subsection (d) to receive payments directly. No payment 
     may be made out of the special fund described in such 
     paragraph with respect to reimbursement made for services 
     provided by such Program during the period of such election.
       ``(d) Direct Billing.--
       ``(1) In general.--Subject to complying with the 
     requirements of paragraph (2), a

[[Page 582]]

     Tribal Health Program may elect to directly bill for, and 
     receive payment for, health care items and services provided 
     by such Program for which payment is made under title XVIII 
     or XIX of the Social Security Act or from any other third 
     party payor.
       ``(2) Direct reimbursement.--
       ``(A) Use of funds.--Each Tribal Health Program making the 
     election described in paragraph (1) with respect to a program 
     under a title of the Social Security Act shall be reimbursed 
     directly by that program for items and services furnished 
     without regard to subsection (c)(1), but all amounts so 
     reimbursed shall be used by the Tribal Health Program for the 
     purpose of making any improvements in facilities of the 
     Tribal Health Program that may be necessary to achieve or 
     maintain compliance with the conditions and requirements 
     applicable generally to such items and services under the 
     program under such title and to provide additional health 
     care services, improvements in health care facilities and 
     Tribal Health Programs, any health care related purpose, or 
     otherwise to achieve the objectives provided in section 3 of 
     this Act.
       ``(B) Audits.--The amounts paid to a Tribal Health Program 
     making the election described in paragraph (1) with respect 
     to a program under a title of the Social Security Act shall 
     be subject to all auditing requirements applicable to the 
     program under such title, as well as all auditing 
     requirements applicable to programs administered by an Indian 
     Health Program. Nothing in the preceding sentence shall be 
     construed as limiting the application of auditing 
     requirements applicable to amounts paid under title XVIII, 
     XIX, or XXI of the Social Security Act.
       ``(C) Identification of source of payments.--Any Tribal 
     Health Program that receives reimbursements or payments under 
     title XVIII, XIX, or XXI of the Social Security Act, shall 
     provide to the Service a list of each provider enrollment 
     number (or other identifier) under which such Program 
     receives such reimbursements or payments.
       ``(3) Examination and implementation of changes.--
       ``(A) In general.--The Secretary, acting through the 
     Service and with the assistance of the Administrator of the 
     Centers for Medicare & Medicaid Services, shall examine on an 
     ongoing basis and implement any administrative changes that 
     may be necessary to facilitate direct billing and 
     reimbursement under the program established under this 
     subsection, including any agreements with States that may be 
     necessary to provide for direct billing under a program under 
     a title of the Social Security Act.
       ``(B) Coordination of information.--The Service shall 
     provide the Administrator of the Centers for Medicare & 
     Medicaid Services with copies of the lists submitted to the 
     Service under paragraph (2)(C), enrollment data regarding 
     patients served by the Service (and by Tribal Health 
     Programs, to the extent such data is available to the 
     Service), and such other information as the Administrator may 
     require for purposes of administering title XVIII, XIX, or 
     XXI of the Social Security Act.
       ``(4) Withdrawal from program.--A Tribal Health Program 
     that bills directly under the program established under this 
     subsection may withdraw from participation in the same manner 
     and under the same conditions that an Indian Tribe or Tribal 
     Organization may retrocede a contracted program to the 
     Secretary under the authority of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 450 et 
     seq.). All cost accounting and billing authority under the 
     program established under this subsection shall be returned 
     to the Secretary upon the Secretary's acceptance of the 
     withdrawal of participation in this program.
       ``(5) Termination for failure to comply with 
     requirements.--The Secretary may terminate the participation 
     of a Tribal Health Program or in the direct billing program 
     established under this subsection if the Secretary determines 
     that the Program has failed to comply with the requirements 
     of paragraph (2). The Secretary shall provide a Tribal Health 
     Program with notice of a determination that the Program has 
     failed to comply with any such requirement and a reasonable 
     opportunity to correct such noncompliance prior to 
     terminating the Program's participation in the direct billing 
     program established under this subsection.
       ``(e) Related Provisions Under the Social Security Act.--
     For provisions related to subsections (c) and (d), see 
     sections 1880, 1911, and 2107(e)(1)(D) of the Social Security 
     Act.

     ``SEC. 402. GRANTS TO AND CONTRACTS WITH THE SERVICE, INDIAN 
                   TRIBES, TRIBAL ORGANIZATIONS, AND URBAN INDIAN 
                   ORGANIZATIONS TO FACILITATE OUTREACH, 
                   ENROLLMENT, AND COVERAGE OF INDIANS UNDER 
                   SOCIAL SECURITY ACT HEALTH BENEFIT PROGRAMS AND 
                   OTHER HEALTH BENEFITS PROGRAMS.

       ``(a) Indian Tribes and Tribal Organizations.--From funds 
     appropriated to carry out this title in accordance with 
     section 417, the Secretary, acting through the Service, shall 
     make grants to or enter into contracts with Indian Tribes and 
     Tribal Organizations to assist such Tribes and Tribal 
     Organizations in establishing and administering programs on 
     or near reservations and trust lands to assist individual 
     Indians--
       ``(1) to enroll for benefits under a program established 
     under title XVIII, XIX, or XXI of the Social Security Act and 
     other health benefits programs; and
       ``(2) with respect to such programs for which the charging 
     of premiums and cost sharing is not prohibited under such 
     programs, to pay premiums or cost sharing for coverage for 
     such benefits, which may be based on financial need (as 
     determined by the Indian Tribe or Tribes or Tribal 
     Organizations being served based on a schedule of income 
     levels developed or implemented by such Tribe, Tribes, or 
     Tribal Organizations).
       ``(b) Conditions.--The Secretary, acting through the 
     Service, shall place conditions as deemed necessary to effect 
     the purpose of this section in any grant or contract which 
     the Secretary makes with any Indian Tribe or Tribal 
     Organization pursuant to this section. Such conditions shall 
     include requirements that the Indian Tribe or Tribal 
     Organization successfully undertake--
       ``(1) to determine the population of Indians eligible for 
     the benefits described in subsection (a);
       ``(2) to educate Indians with respect to the benefits 
     available under the respective programs;
       ``(3) to provide transportation for such individual Indians 
     to the appropriate offices for enrollment or applications for 
     such benefits; and
       ``(4) to develop and implement methods of improving the 
     participation of Indians in receiving benefits under such 
     programs.
       ``(c) Application to Urban Indian Organizations.--
       ``(1) In general.--The provisions of subsection (a) shall 
     apply with respect to grants and other funding to Urban 
     Indian Organizations with respect to populations served by 
     such organizations in the same manner they apply to grants 
     and contracts with Indian Tribes and Tribal Organizations 
     with respect to programs on or near reservations.
       ``(2) Requirements.--The Secretary shall include in the 
     grants or contracts made or provided under paragraph (1) 
     requirements that are--
       ``(A) consistent with the requirements imposed by the 
     Secretary under subsection (b);
       ``(B) appropriate to Urban Indian Organizations and Urban 
     Indians; and
       ``(C) necessary to effect the purposes of this section.
       ``(d) Facilitating Cooperation.--The Secretary, acting 
     through the Centers for Medicare & Medicaid Services, shall 
     develop and disseminate best practices that will serve to 
     facilitate cooperation with, and agreements between, States 
     and the Service, Indian Tribes, Tribal Organizations, or 
     Urban Indian Organizations with respect to the provision of 
     health care items and services to Indians under the programs 
     established under title XVIII, XIX, or XXI of the Social 
     Security Act.
       ``(e) Agreements Relating to Improving Enrollment of 
     Indians Under Social Security Act Health Benefits Programs.--
     For provisions relating to agreements between the Secretary, 
     acting through the Service, and Indian Tribes, Tribal 
     Organizations, and Urban Indian Organizations for the 
     collection, preparation, and submission of applications by 
     Indians for assistance under the Medicaid and State 
     children's health insurance programs established under titles 
     XIX and XXI of the Social Security Act, and benefits under 
     the Medicare program established under title XVIII of such 
     Act, see subsections (a) and (b) of section 1139 of the 
     Social Security Act.
       ``(f) Definition of Premiums and Cost Sharing.--In this 
     section:
       ``(1) Premium.--The term `premium' includes any enrollment 
     fee or similar charge.
       ``(2) Cost sharing.--The term `cost sharing' includes any 
     deduction, deductible, copayment, coinsurance, or similar 
     charge.

     ``SEC. 403. REIMBURSEMENT FROM CERTAIN THIRD PARTIES OF COSTS 
                   OF HEALTH SERVICES.

       ``(a) Right of Recovery.--Except as provided in subsection 
     (f), the United States, an Indian Tribe, or Tribal 
     Organization shall have the right to recover from an 
     insurance company, health maintenance organization, employee 
     benefit plan, third-party tortfeasor, or any other 
     responsible or liable third party (including a political 
     subdivision or local governmental entity of a State) the 
     reasonable charges billed by the Secretary, an Indian Tribe, 
     or Tribal Organization in providing health services through 
     the Service, an Indian Tribe, or Tribal Organization to any 
     individual to the same extent that such individual, or any 
     nongovernmental provider of such services, would be eligible 
     to receive damages, reimbursement, or indemnification for 
     such charges or expenses if--
       ``(1) such services had been provided by a nongovernmental 
     provider; and
       ``(2) such individual had been required to pay such charges 
     or expenses and did pay such charges or expenses.
       ``(b) Limitations on Recoveries From States.--Subsection 
     (a) shall provide a right of recovery against any State, only 
     if the injury, illness, or disability for which health 
     services were provided is covered under--
       ``(1) workers' compensation laws; or

[[Page 583]]

       ``(2) a no-fault automobile accident insurance plan or 
     program.
       ``(c) Nonapplication of Other Laws.--No law of any State, 
     or of any political subdivision of a State and no provision 
     of any contract, insurance or health maintenance organization 
     policy, employee benefit plan, self-insurance plan, managed 
     care plan, or other health care plan or program entered into 
     or renewed after the date of the enactment of the Indian 
     Health Care Amendments of 1988, shall prevent or hinder the 
     right of recovery of the United States, an Indian Tribe, or 
     Tribal Organization under subsection (a).
       ``(d) No Effect on Private Rights of Action.--No action 
     taken by the United States, an Indian Tribe, or Tribal 
     Organization to enforce the right of recovery provided under 
     this section shall operate to deny to the injured person the 
     recovery for that portion of the person's damage not covered 
     hereunder.
       ``(e) Enforcement.--
       ``(1) In general.--The United States, an Indian Tribe, or 
     Tribal Organization may enforce the right of recovery 
     provided under subsection (a) by--
       ``(A) intervening or joining in any civil action or 
     proceeding brought--
       ``(i) by the individual for whom health services were 
     provided by the Secretary, an Indian Tribe, or Tribal 
     Organization; or
       ``(ii) by any representative or heirs of such individual, 
     or
       ``(B) instituting a civil action, including a civil action 
     for injunctive relief and other relief and including, with 
     respect to a political subdivision or local governmental 
     entity of a State, such an action against an official 
     thereof.
       ``(2) Notice.--All reasonable efforts shall be made to 
     provide notice of action instituted under paragraph (1)(B) to 
     the individual to whom health services were provided, either 
     before or during the pendency of such action.
       ``(3) Recovery from tortfeasors.--
       ``(A) In general.--In any case in which an Indian Tribe or 
     Tribal Organization that is authorized or required under a 
     compact or contract issued pursuant to the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 450 et 
     seq.) to furnish or pay for health services to a person who 
     is injured or suffers a disease on or after the date of 
     enactment of the Indian Health Care Improvement Act 
     Amendments of 2008 under circumstances that establish grounds 
     for a claim of liability against the tortfeasor with respect 
     to the injury or disease, the Indian Tribe or Tribal 
     Organization shall have a right to recover from the 
     tortfeasor (or an insurer of the tortfeasor) the reasonable 
     value of the health services so furnished, paid for, or to be 
     paid for, in accordance with the Federal Medical Care 
     Recovery Act (42 U.S.C. 2651 et seq.), to the same extent and 
     under the same circumstances as the United States may recover 
     under that Act.
       ``(B) Treatment.--The right of an Indian Tribe or Tribal 
     Organization to recover under subparagraph (A) shall be 
     independent of the rights of the injured or diseased person 
     served by the Indian Tribe or Tribal Organization.
       ``(f) Limitation.--Absent specific written authorization by 
     the governing body of an Indian Tribe for the period of such 
     authorization (which may not be for a period of more than 1 
     year and which may be revoked at any time upon written notice 
     by the governing body to the Service), the United States 
     shall not have a right of recovery under this section if the 
     injury, illness, or disability for which health services were 
     provided is covered under a self-insurance plan funded by an 
     Indian Tribe, Tribal Organization, or Urban Indian 
     Organization. Where such authorization is provided, the 
     Service may receive and expend such amounts for the provision 
     of additional health services consistent with such 
     authorization.
       ``(g) Costs and Attorneys' Fees.--In any action brought to 
     enforce the provisions of this section, a prevailing 
     plaintiff shall be awarded its reasonable attorneys' fees and 
     costs of litigation.
       ``(h) Nonapplication of Claims Filing Requirements.--An 
     insurance company, health maintenance organization, self-
     insurance plan, managed care plan, or other health care plan 
     or program (under the Social Security Act or otherwise) may 
     not deny a claim for benefits submitted by the Service or by 
     an Indian Tribe or Tribal Organization based on the format in 
     which the claim is submitted if such format complies with the 
     format required for submission of claims under title XVIII of 
     the Social Security Act or recognized under section 1175 of 
     such Act.
       ``(i) Application to Urban Indian Organizations.--The 
     previous provisions of this section shall apply to Urban 
     Indian Organizations with respect to populations served by 
     such Organizations in the same manner they apply to Indian 
     Tribes and Tribal Organizations with respect to populations 
     served by such Indian Tribes and Tribal Organizations.
       ``(j) Statute of Limitations.--The provisions of section 
     2415 of title 28, United States Code, shall apply to all 
     actions commenced under this section, and the references 
     therein to the United States are deemed to include Indian 
     Tribes, Tribal Organizations, and Urban Indian Organizations.
       ``(k) Savings.--Nothing in this section shall be construed 
     to limit any right of recovery available to the United 
     States, an Indian Tribe, or Tribal Organization under the 
     provisions of any applicable, Federal, State, or Tribal law, 
     including medical lien laws.

     ``SEC. 404. CREDITING OF REIMBURSEMENTS.

       ``(a) Use of Amounts.--
       ``(1) Retention by program.--Except as provided in section 
     202(f) (relating to the Catastrophic Health Emergency Fund) 
     and section 807 (relating to health services for ineligible 
     persons), all reimbursements received or recovered under any 
     of the programs described in paragraph (2), including under 
     section 807, by reason of the provision of health services by 
     the Service, by an Indian Tribe or Tribal Organization, or by 
     an Urban Indian Organization, shall be credited to the 
     Service, such Indian Tribe or Tribal Organization, or such 
     Urban Indian Organization, respectively, and may be used as 
     provided in section 401. In the case of such a service 
     provided by or through a Service Unit, such amounts shall be 
     credited to such unit and used for such purposes.
       ``(2) Programs covered.--The programs referred to in 
     paragraph (1) are the following:
       ``(A) Titles XVIII, XIX, and XXI of the Social Security 
     Act.
       ``(B) This Act, including section 807.
       ``(C) Public Law 87-693.
       ``(D) Any other provision of law.
       ``(b) No Offset of Amounts.--The Service may not offset or 
     limit any amount obligated to any Service Unit or entity 
     receiving funding from the Service because of the receipt of 
     reimbursements under subsection (a).

     ``SEC. 405. PURCHASING HEALTH CARE COVERAGE.

       ``(a) In General.--Insofar as amounts are made available 
     under law (including a provision of the Social Security Act, 
     the Indian Self-Determination and Education Assistance Act 
     (25 U.S.C. 450 et seq.), or other law, other than under 
     section 402) to Indian Tribes, Tribal Organizations, and 
     Urban Indian Organizations for health benefits for Service 
     beneficiaries, Indian Tribes, Tribal Organizations, and Urban 
     Indian Organizations may use such amounts to purchase health 
     benefits coverage for such beneficiaries in any manner, 
     including through--
       ``(1) a tribally owned and operated health care plan;
       ``(2) a State or locally authorized or licensed health care 
     plan;
       ``(3) a health insurance provider or managed care 
     organization; or
       ``(4) a self-insured plan.

     The purchase of such coverage by an Indian Tribe, Tribal 
     Organization, or Urban Indian Organization may be based on 
     the financial needs of such beneficiaries (as determined by 
     the Indian Tribe or Tribes being served based on a schedule 
     of income levels developed or implemented by such Indian 
     Tribe or Tribes).
       ``(b) Expenses for Self-Insured Plan.--In the case of a 
     self-insured plan under subsection (a)(4), the amounts may be 
     used for expenses of operating the plan, including 
     administration and insurance to limit the financial risks to 
     the entity offering the plan.
       ``(c) Construction.--Nothing in this section shall be 
     construed as affecting the use of any amounts not referred to 
     in subsection (a).

     ``SEC. 406. SHARING ARRANGEMENTS WITH FEDERAL AGENCIES.

       ``(a) Authority.--
       ``(1) In general.--The Secretary may enter into (or expand) 
     arrangements for the sharing of medical facilities and 
     services between the Service, Indian Tribes, and Tribal 
     Organizations and the Department of Veterans Affairs and the 
     Department of Defense.
       ``(2) Consultation by secretary required.--The Secretary 
     may not finalize any arrangement between the Service and a 
     Department described in paragraph (1) without first 
     consulting with the Indian Tribes which will be significantly 
     affected by the arrangement.
       ``(b) Limitations.--The Secretary shall not take any action 
     under this section or under subchapter IV of chapter 81 of 
     title 38, United States Code, which would impair--
       ``(1) the priority access of any Indian to health care 
     services provided through the Service and the eligibility of 
     any Indian to receive health services through the Service;
       ``(2) the quality of health care services provided to any 
     Indian through the Service;
       ``(3) the priority access of any veteran to health care 
     services provided by the Department of Veterans Affairs;
       ``(4) the quality of health care services provided by the 
     Department of Veterans Affairs or the Department of Defense; 
     or
       ``(5) the eligibility of any Indian who is a veteran to 
     receive health services through the Department of Veterans 
     Affairs.
       ``(c) Reimbursement.--The Service, Indian Tribe, or Tribal 
     Organization shall be reimbursed by the Department of 
     Veterans Affairs or the Department of Defense (as the case 
     may be) where services are provided through the Service, an 
     Indian Tribe, or a Tribal Organization to beneficiaries 
     eligible for services from either such Department, 
     notwithstanding any other provision of law.
       ``(d) Construction.--Nothing in this section may be 
     construed as creating any right of a non-Indian veteran to 
     obtain health services from the Service.

     ``SEC. 407. ELIGIBLE INDIAN VETERAN SERVICES.

       ``(a) Findings; Purpose.--

[[Page 584]]

       ``(1) Findings.--Congress finds that--
       ``(A) collaborations between the Secretary and the 
     Secretary of Veterans Affairs regarding the treatment of 
     Indian veterans at facilities of the Service should be 
     encouraged to the maximum extent practicable; and
       ``(B) increased enrollment for services of the Department 
     of Veterans Affairs by veterans who are members of Indian 
     tribes should be encouraged to the maximum extent 
     practicable.
       ``(2) Purpose.--The purpose of this section is to reaffirm 
     the goals stated in the document entitled `Memorandum of 
     Understanding Between the VA/Veterans Health Administration 
     And HHS/Indian Health Service' and dated February 25, 2003 
     (relating to cooperation and resource sharing between the 
     Veterans Health Administration and Service).
       ``(b) Definitions.--In this section:
       ``(1) Eligible indian veteran.--The term `eligible Indian 
     veteran' means an Indian or Alaska Native veteran who 
     receives any medical service that is--
       ``(A) authorized under the laws administered by the 
     Secretary of Veterans Affairs; and
       ``(B) administered at a facility of the Service (including 
     a facility operated by an Indian tribe or tribal organization 
     through a contract or compact with the Service under the 
     Indian Self-Determination and Education Assistance Act (25 
     U.S.C. 450 et seq.)) pursuant to a local memorandum of 
     understanding.
       ``(2) Local memorandum of understanding.--The term `local 
     memorandum of understanding' means a memorandum of 
     understanding between the Secretary (or a designee, including 
     the director of any Area Office of the Service) and the 
     Secretary of Veterans Affairs (or a designee) to implement 
     the document entitled `Memorandum of Understanding Between 
     the VA/Veterans Health Administration And HHS/Indian Health 
     Service' and dated February 25, 2003 (relating to cooperation 
     and resource sharing between the Veterans Health 
     Administration and Indian Health Service).
       ``(c) Eligible Indian Veterans' Expenses.--
       ``(1) In general.--Notwithstanding any other provision of 
     law, the Secretary shall provide for veteran-related expenses 
     incurred by eligible Indian veterans as described in 
     subsection (b)(1)(B).
       ``(2) Method of payment.--The Secretary shall establish 
     such guidelines as the Secretary determines to be appropriate 
     regarding the method of payments to the Secretary of Veterans 
     Affairs under paragraph (1).
       ``(d) Tribal Approval of Memoranda.--In negotiating a local 
     memorandum of understanding with the Secretary of Veterans 
     Affairs regarding the provision of services to eligible 
     Indian veterans, the Secretary shall consult with each Indian 
     tribe that would be affected by the local memorandum of 
     understanding.
       ``(e) Funding.--
       ``(1) Treatment.--Expenses incurred by the Secretary in 
     carrying out subsection (c)(1) shall not be considered to be 
     Contract Health Service expenses.
       ``(2) Use of funds.--Of funds made available to the 
     Secretary in appropriations Acts for the Service (excluding 
     funds made available for facilities, Contract Health 
     Services, or contract support costs), the Secretary shall use 
     such sums as are necessary to carry out this section.

     ``SEC. 408. PAYOR OF LAST RESORT.

       ``Indian Health Programs and health care programs operated 
     by Urban Indian Organizations shall be the payor of last 
     resort for services provided to persons eligible for services 
     from Indian Health Programs and Urban Indian Organizations, 
     notwithstanding any Federal, State, or local law to the 
     contrary.

     ``SEC. 409. NONDISCRIMINATION UNDER FEDERAL HEALTH CARE 
                   PROGRAMS IN QUALIFICATIONS FOR REIMBURSEMENT 
                   FOR SERVICES.

       ``(a) Requirement to Satisfy Generally Applicable 
     Participation Requirements.--
       ``(1) In general.--A Federal health care program must 
     accept an entity that is operated by the Service, an Indian 
     Tribe, Tribal Organization, or Urban Indian Organization as a 
     provider eligible to receive payment under the program for 
     health care services furnished to an Indian on the same basis 
     as any other provider qualified to participate as a provider 
     of health care services under the program if the entity meets 
     generally applicable State or other requirements for 
     participation as a provider of health care services under the 
     program.
       ``(2) Satisfaction of state or local licensure or 
     recognition requirements.--Any requirement for participation 
     as a provider of health care services under a Federal health 
     care program that an entity be licensed or recognized under 
     the State or local law where the entity is located to furnish 
     health care services shall be deemed to have been met in the 
     case of an entity operated by the Service, an Indian Tribe, 
     Tribal Organization, or Urban Indian Organization if the 
     entity meets all the applicable standards for such licensure 
     or recognition, regardless of whether the entity obtains a 
     license or other documentation under such State or local law. 
     In accordance with section 221, the absence of the licensure 
     of a health care professional employed by such an entity 
     under the State or local law where the entity is located 
     shall not be taken into account for purposes of determining 
     whether the entity meets such standards, if the professional 
     is licensed in another State.
       ``(b) Application of Exclusion From Participation in 
     Federal Health Care Programs.--
       ``(1) Excluded entities.--No entity operated by the 
     Service, an Indian Tribe, Tribal Organization, or Urban 
     Indian Organization that has been excluded from participation 
     in any Federal health care program or for which a license is 
     under suspension or has been revoked by the State where the 
     entity is located shall be eligible to receive payment or 
     reimbursement under any such program for health care services 
     furnished to an Indian.
       ``(2) Excluded individuals.--No individual who has been 
     excluded from participation in any Federal health care 
     program or whose State license is under suspension shall be 
     eligible to receive payment or reimbursement under any such 
     program for health care services furnished by that 
     individual, directly or through an entity that is otherwise 
     eligible to receive payment for health care services, to an 
     Indian.
       ``(3) Federal health care program defined.--In this 
     subsection, the term, `Federal health care program' has the 
     meaning given that term in section 1128B(f) of the Social 
     Security Act (42 U.S.C. 1320a-7b(f)), except that, for 
     purposes of this subsection, such term shall include the 
     health insurance program under chapter 89 of title 5, United 
     States Code.
       ``(c) Related Provisions.--For provisions related to 
     nondiscrimination against providers operated by the Service, 
     an Indian Tribe, Tribal Organization, or Urban Indian 
     Organization, see section 1139(c) of the Social Security Act 
     (42 U.S.C. 1320b-9(c)).

     ``SEC. 410. CONSULTATION.

       ``For provisions related to consultation with 
     representatives of Indian Health Programs and Urban Indian 
     Organizations with respect to the health care programs 
     established under titles XVIII, XIX, and XXI of the Social 
     Security Act, see section 1139(d) of the Social Security Act 
     (42 U.S.C. 1320b-9(d)).

     ``SEC. 411. STATE CHILDREN'S HEALTH INSURANCE PROGRAM 
                   (SCHIP).

       ``For provisions relating to--
       ``(1) outreach to families of Indian children likely to be 
     eligible for child health assistance under the State 
     children's health insurance program established under title 
     XXI of the Social Security Act, see sections 2105(c)(2)(C) 
     and 1139(a) of such Act (42 U.S.C. 1397ee(c)(2), 1320b-9); 
     and
       ``(2) ensuring that child health assistance is provided 
     under such program to targeted low-income children who are 
     Indians and that payments are made under such program to 
     Indian Health Programs and Urban Indian Organizations 
     operating in the State that provide such assistance, see 
     sections 2102(b)(3)(D) and 2105(c)(6)(B) of such Act (42 
     U.S.C. 1397bb(b)(3)(D), 1397ee(c)(6)(B)).

     ``SEC. 412. EXCLUSION WAIVER AUTHORITY FOR AFFECTED INDIAN 
                   HEALTH PROGRAMS AND SAFE HARBOR TRANSACTIONS 
                   UNDER THE SOCIAL SECURITY ACT.

       ``For provisions relating to--
       ``(1) exclusion waiver authority for affected Indian Health 
     Programs under the Social Security Act, see section 1128(k) 
     of the Social Security Act (42 U.S.C. 1320a-7(k)); and
       ``(2) certain transactions involving Indian Health Programs 
     deemed to be in safe harbors under that Act, see section 
     1128B(b)(4) of the Social Security Act (42 U.S.C. 1320a-
     7b(b)(4)).

     ``SEC. 413. PREMIUM AND COST SHARING PROTECTIONS AND 
                   ELIGIBILITY DETERMINATIONS UNDER MEDICAID AND 
                   SCHIP AND PROTECTION OF CERTAIN INDIAN PROPERTY 
                   FROM MEDICAID ESTATE RECOVERY.

       ``For provisions relating to--
       ``(1) premiums or cost sharing protections for Indians 
     furnished items or services directly by Indian Health 
     Programs or through referral under the contract health 
     service under the Medicaid program established under title 
     XIX of the Social Security Act, see sections 1916(j) and 
     1916A(a)(1) of the Social Security Act (42 U.S.C. 1396o(j), 
     1396o-1(a)(1));
       ``(2) rules regarding the treatment of certain property for 
     purposes of determining eligibility under such programs, see 
     sections 1902(e)(13) and 2107(e)(1)(B) of such Act (42 U.S.C. 
     1396a(e)(13), 1397gg(e)(1)(B)); and
       ``(3) the protection of certain property from estate 
     recovery provisions under the Medicaid program, see section 
     1917(b)(3)(B) of such Act (42 U.S.C. 1396p(b)(3)(B)).

     ``SEC. 414. TREATMENT UNDER MEDICAID AND SCHIP MANAGED CARE.

       ``For provisions relating to the treatment of Indians 
     enrolled in a managed care entity under the Medicaid program 
     under title XIX of the Social Security Act and Indian Health 
     Programs and Urban Indian Organizations that are providers of 
     items or services to such Indian enrollees, see sections 
     1932(h) and 2107(e)(1)(H) of the Social Security Act (42 
     U.S.C. 1396u-2(h), 1397gg(e)(1)(H)).

     ``SEC. 415. NAVAJO NATION MEDICAID AGENCY FEASIBILITY STUDY.

       ``(a) Study.--The Secretary shall conduct a study to 
     determine the feasibility of treating

[[Page 585]]

     the Navajo Nation as a State for the purposes of title XIX of 
     the Social Security Act, to provide services to Indians 
     living within the boundaries of the Navajo Nation through an 
     entity established having the same authority and performing 
     the same functions as single-State medicaid agencies 
     responsible for the administration of the State plan under 
     title XIX of the Social Security Act.
       ``(b) Considerations.--In conducting the study, the 
     Secretary shall consider the feasibility of--
       ``(1) assigning and paying all expenditures for the 
     provision of services and related administration funds, under 
     title XIX of the Social Security Act, to Indians living 
     within the boundaries of the Navajo Nation that are currently 
     paid to or would otherwise be paid to the State of Arizona, 
     New Mexico, or Utah;
       ``(2) providing assistance to the Navajo Nation in the 
     development and implementation of such entity for the 
     administration, eligibility, payment, and delivery of medical 
     assistance under title XIX of the Social Security Act;
       ``(3) providing an appropriate level of matching funds for 
     Federal medical assistance with respect to amounts such 
     entity expends for medical assistance for services and 
     related administrative costs; and
       ``(4) authorizing the Secretary, at the option of the 
     Navajo Nation, to treat the Navajo Nation as a State for the 
     purposes of title XIX of the Social Security Act (relating to 
     the State children's health insurance program) under terms 
     equivalent to those described in paragraphs (2) through (4).
       ``(c) Report.--Not later then 3 years after the date of 
     enactment of the Indian Health Care Improvement Act 
     Amendments of 2008, the Secretary shall submit to the 
     Committee on Indian Affairs and Committee on Finance of the 
     Senate and the Committee on Natural Resources and Committee 
     on Energy and Commerce of the House of Representatives a 
     report that includes--
       ``(1) the results of the study under this section;
       ``(2) a summary of any consultation that occurred between 
     the Secretary and the Navajo Nation, other Indian Tribes, the 
     States of Arizona, New Mexico, and Utah, counties which 
     include Navajo Lands, and other interested parties, in 
     conducting this study;
       ``(3) projected costs or savings associated with 
     establishment of such entity, and any estimated impact on 
     services provided as described in this section in relation to 
     probable costs or savings; and
       ``(4) legislative actions that would be required to 
     authorize the establishment of such entity if such entity is 
     determined by the Secretary to be feasible.

     ``SEC. 416. GENERAL EXCEPTIONS.

       ``The requirements of this title shall not apply to any 
     excepted benefits described in paragraph (1)(A) or (3) of 
     section 2791(c) of the Public Health Service Act (42 U.S.C. 
     300gg-91).

     ``SEC. 417. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated such sums as may 
     be necessary for each fiscal year through fiscal year 2017 to 
     carry out this title.

              ``TITLE V--HEALTH SERVICES FOR URBAN INDIANS

     ``SEC. 501. PURPOSE.

       ``The purpose of this title is to establish and maintain 
     programs in Urban Centers to make health services more 
     accessible and available to Urban Indians.

     ``SEC. 502. CONTRACTS WITH, AND GRANTS TO, URBAN INDIAN 
                   ORGANIZATIONS.

       ``Under authority of the Act of November 2, 1921 (25 U.S.C. 
     13) (commonly known as the `Snyder Act'), the Secretary, 
     acting through the Service, shall enter into contracts with, 
     or make grants to, Urban Indian Organizations to assist such 
     organizations in the establishment and administration, within 
     Urban Centers, of programs which meet the requirements set 
     forth in this title. Subject to section 506, the Secretary, 
     acting through the Service, shall include such conditions as 
     the Secretary considers necessary to effect the purpose of 
     this title in any contract into which the Secretary enters 
     with, or in any grant the Secretary makes to, any Urban 
     Indian Organization pursuant to this title.

     ``SEC. 503. CONTRACTS AND GRANTS FOR THE PROVISION OF HEALTH 
                   CARE AND REFERRAL SERVICES.

       ``(a) Requirements for Grants and Contracts.--Under 
     authority of the Act of November 2, 1921 (25 U.S.C. 13) 
     (commonly known as the `Snyder Act'), the Secretary, acting 
     through the Service, shall enter into contracts with, and 
     make grants to, Urban Indian Organizations for the provision 
     of health care and referral services for Urban Indians. Any 
     such contract or grant shall include requirements that the 
     Urban Indian Organization successfully undertake to--
       ``(1) estimate the population of Urban Indians residing in 
     the Urban Center or centers that the organization proposes to 
     serve who are or could be recipients of health care or 
     referral services;
       ``(2) estimate the current health status of Urban Indians 
     residing in such Urban Center or centers;
       ``(3) estimate the current health care needs of Urban 
     Indians residing in such Urban Center or centers;
       ``(4) provide basic health education, including health 
     promotion and disease prevention education, to Urban Indians;
       ``(5) make recommendations to the Secretary and Federal, 
     State, local, and other resource agencies on methods of 
     improving health service programs to meet the needs of Urban 
     Indians; and
       ``(6) where necessary, provide, or enter into contracts for 
     the provision of, health care services for Urban Indians.
       ``(b) Criteria.--The Secretary, acting through the Service, 
     shall, by regulation, prescribe the criteria for selecting 
     Urban Indian Organizations to enter into contracts or receive 
     grants under this section. Such criteria shall, among other 
     factors, include--
       ``(1) the extent of unmet health care needs of Urban 
     Indians in the Urban Center or centers involved;
       ``(2) the size of the Urban Indian population in the Urban 
     Center or centers involved;
       ``(3) the extent, if any, to which the activities set forth 
     in subsection (a) would duplicate any project funded under 
     this title, or under any current public health service 
     project funded in a manner other than pursuant to this title;
       ``(4) the capability of an Urban Indian Organization to 
     perform the activities set forth in subsection (a) and to 
     enter into a contract with the Secretary or to meet the 
     requirements for receiving a grant under this section;
       ``(5) the satisfactory performance and successful 
     completion by an Urban Indian Organization of other contracts 
     with the Secretary under this title;
       ``(6) the appropriateness and likely effectiveness of 
     conducting the activities set forth in subsection (a) in an 
     Urban Center or centers; and
       ``(7) the extent of existing or likely future participation 
     in the activities set forth in subsection (a) by appropriate 
     health and health-related Federal, State, local, and other 
     agencies.
       ``(c) Access to Health Promotion and Disease Prevention 
     Programs.--The Secretary, acting through the Service, shall 
     facilitate access to or provide health promotion and disease 
     prevention services for Urban Indians through grants made to 
     Urban Indian Organizations administering contracts entered 
     into or receiving grants under subsection (a).
       ``(d) Immunization Services.--
       ``(1) Access or services provided.--The Secretary, acting 
     through the Service, shall facilitate access to, or provide, 
     immunization services for Urban Indians through grants made 
     to Urban Indian Organizations administering contracts entered 
     into or receiving grants under this section.
       ``(2) Definition.--For purposes of this subsection, the 
     term `immunization services' means services to provide 
     without charge immunizations against vaccine-preventable 
     diseases.
       ``(e) Behavioral Health Services.--
       ``(1) Access or services provided.--The Secretary, acting 
     through the Service, shall facilitate access to, or provide, 
     behavioral health services for Urban Indians through grants 
     made to Urban Indian Organizations administering contracts 
     entered into or receiving grants under subsection (a).
       ``(2) Assessment required.--Except as provided by paragraph 
     (3)(A), a grant may not be made under this subsection to an 
     Urban Indian Organization until that organization has 
     prepared, and the Service has approved, an assessment of the 
     following:
       ``(A) The behavioral health needs of the Urban Indian 
     population concerned.
       ``(B) The behavioral health services and other related 
     resources available to that population.
       ``(C) The barriers to obtaining those services and 
     resources.
       ``(D) The needs that are unmet by such services and 
     resources.
       ``(3) Purposes of grants.--Grants may be made under this 
     subsection for the following:
       ``(A) To prepare assessments required under paragraph (2).
       ``(B) To provide outreach, educational, and referral 
     services to Urban Indians regarding the availability of 
     direct behavioral health services, to educate Urban Indians 
     about behavioral health issues and services, and effect 
     coordination with existing behavioral health providers in 
     order to improve services to Urban Indians.
       ``(C) To provide outpatient behavioral health services to 
     Urban Indians, including the identification and assessment of 
     illness, therapeutic treatments, case management, support 
     groups, family treatment, and other treatment.
       ``(D) To develop innovative behavioral health service 
     delivery models which incorporate Indian cultural support 
     systems and resources.
       ``(f) Prevention of Child Abuse.--
       ``(1) Access or services provided.--The Secretary, acting 
     through the Service, shall facilitate access to or provide 
     services for Urban Indians through grants to Urban Indian 
     Organizations administering contracts entered into or 
     receiving grants under subsection (a) to prevent and treat 
     child abuse (including sexual abuse) among Urban Indians.

[[Page 586]]

       ``(2) Evaluation required.--Except as provided by paragraph 
     (3)(A), a grant may not be made under this subsection to an 
     Urban Indian Organization until that organization has 
     prepared, and the Service has approved, an assessment that 
     documents the prevalence of child abuse in the Urban Indian 
     population concerned and specifies the services and programs 
     (which may not duplicate existing services and programs) for 
     which the grant is requested.
       ``(3) Purposes of grants.--Grants may be made under this 
     subsection for the following:
       ``(A) To prepare assessments required under paragraph (2).
       ``(B) For the development of prevention, training, and 
     education programs for Urban Indians, including child 
     education, parent education, provider training on 
     identification and intervention, education on reporting 
     requirements, prevention campaigns, and establishing service 
     networks of all those involved in Indian child protection.
       ``(C) To provide direct outpatient treatment services 
     (including individual treatment, family treatment, group 
     therapy, and support groups) to Urban Indians who are child 
     victims of abuse (including sexual abuse) or adult survivors 
     of child sexual abuse, to the families of such child victims, 
     and to Urban Indian perpetrators of child abuse (including 
     sexual abuse).
       ``(4) Considerations when making grants.--In making grants 
     to carry out this subsection, the Secretary shall take into 
     consideration--
       ``(A) the support for the Urban Indian Organization 
     demonstrated by the child protection authorities in the area, 
     including committees or other services funded under the 
     Indian Child Welfare Act of 1978 (25 U.S.C. 1901 et seq.), if 
     any;
       ``(B) the capability and expertise demonstrated by the 
     Urban Indian Organization to address the complex problem of 
     child sexual abuse in the community; and
       ``(C) the assessment required under paragraph (2).
       ``(g) Other Grants.--The Secretary, acting through the 
     Service, may enter into a contract with or make grants to an 
     Urban Indian Organization that provides or arranges for the 
     provision of health care services (through satellite 
     facilities, provider networks, or otherwise) to Urban Indians 
     in more than 1 Urban Center.

     ``SEC. 504. CONTRACTS AND GRANTS FOR THE DETERMINATION OF 
                   UNMET HEALTH CARE NEEDS.

       ``(a) Grants and Contracts Authorized.--Under authority of 
     the Act of November 2, 1921 (25 U.S.C. 13) (commonly known as 
     the `Snyder Act'), the Secretary, acting through the Service, 
     may enter into contracts with or make grants to Urban Indian 
     Organizations situated in Urban Centers for which contracts 
     have not been entered into or grants have not been made under 
     section 503.
       ``(b) Purpose.--The purpose of a contract or grant made 
     under this section shall be the determination of the matters 
     described in subsection (c)(1) in order to assist the 
     Secretary in assessing the health status and health care 
     needs of Urban Indians in the Urban Center involved and 
     determining whether the Secretary should enter into a 
     contract or make a grant under section 503 with respect to 
     the Urban Indian Organization which the Secretary has entered 
     into a contract with, or made a grant to, under this section.
       ``(c) Grant and Contract Requirements.--Any contract 
     entered into, or grant made, by the Secretary under this 
     section shall include requirements that--
       ``(1) the Urban Indian Organization successfully undertakes 
     to--
       ``(A) document the health care status and unmet health care 
     needs of Urban Indians in the Urban Center involved; and
       ``(B) with respect to Urban Indians in the Urban Center 
     involved, determine the matters described in paragraphs (2), 
     (3), (4), and (7) of section 503(b); and
       ``(2) the Urban Indian Organization complete performance of 
     the contract, or carry out the requirements of the grant, 
     within 1 year after the date on which the Secretary and such 
     organization enter into such contract, or within 1 year after 
     such organization receives such grant, whichever is 
     applicable.
       ``(d) No Renewals.--The Secretary may not renew any 
     contract entered into or grant made under this section.

     ``SEC. 505. EVALUATIONS; RENEWALS.

       ``(a) Procedures for Evaluations.--The Secretary, acting 
     through the Service, shall develop procedures to evaluate 
     compliance with grant requirements and compliance with and 
     performance of contracts entered into by Urban Indian 
     Organizations under this title. Such procedures shall include 
     provisions for carrying out the requirements of this section.
       ``(b) Evaluations.--The Secretary, acting through the 
     Service, shall evaluate the compliance of each Urban Indian 
     Organization which has entered into a contract or received a 
     grant under section 503 with the terms of such contract or 
     grant. For purposes of this evaluation, the Secretary shall--
       ``(1) acting through the Service, conduct an annual onsite 
     evaluation of the organization; or
       ``(2) accept in lieu of such onsite evaluation evidence of 
     the organization's provisional or full accreditation by a 
     private independent entity recognized by the Secretary for 
     purposes of conducting quality reviews of providers 
     participating in the Medicare program under title XVIII of 
     the Social Security Act.
       ``(c) Noncompliance; Unsatisfactory Performance.--If, as a 
     result of the evaluations conducted under this section, the 
     Secretary determines that an Urban Indian Organization has 
     not complied with the requirements of a grant or complied 
     with or satisfactorily performed a contract under section 
     503, the Secretary shall, prior to renewing such contract or 
     grant, attempt to resolve with the organization the areas of 
     noncompliance or unsatisfactory performance and modify the 
     contract or grant to prevent future occurrences of 
     noncompliance or unsatisfactory performance. If the Secretary 
     determines that the noncompliance or unsatisfactory 
     performance cannot be resolved and prevented in the future, 
     the Secretary shall not renew the contract or grant with the 
     organization and is authorized to enter into a contract or 
     make a grant under section 503 with another Urban Indian 
     Organization which is situated in the same Urban Center as 
     the Urban Indian Organization whose contract or grant is not 
     renewed under this section.
       ``(d) Considerations for Renewals.--In determining whether 
     to renew a contract or grant with an Urban Indian 
     Organization under section 503 which has completed 
     performance of a contract or grant under section 504, the 
     Secretary shall review the records of the Urban Indian 
     Organization, the reports submitted under section 507, and 
     shall consider the results of the onsite evaluations or 
     accreditations under subsection (b).

     ``SEC. 506. OTHER CONTRACT AND GRANT REQUIREMENTS.

       ``(a) Procurement.--Contracts with Urban Indian 
     Organizations entered into pursuant to this title shall be in 
     accordance with all Federal contracting laws and regulations 
     relating to procurement except that in the discretion of the 
     Secretary, such contracts may be negotiated without 
     advertising and need not conform to the provisions of 
     sections 1304 and 3131 through 3133 of title 40, United 
     States Code.
       ``(b) Payments Under Contracts or Grants.--
       ``(1) In general.--Payments under any contracts or grants 
     pursuant to this title, notwithstanding any term or condition 
     of such contract or grant--
       ``(A) may be made in a single advance payment by the 
     Secretary to the Urban Indian Organization by no later than 
     the end of the first 30 days of the funding period with 
     respect to which the payments apply, unless the Secretary 
     determines through an evaluation under section 505 that the 
     organization is not capable of administering such a single 
     advance payment; and
       ``(B) if any portion thereof is unexpended by the Urban 
     Indian Organization during the funding period with respect to 
     which the payments initially apply, shall be carried forward 
     for expenditure with respect to allowable or reimbursable 
     costs incurred by the organization during 1 or more 
     subsequent funding periods without additional justification 
     or documentation by the organization as a condition of 
     carrying forward the availability for expenditure of such 
     funds.
       ``(2) Semiannual and quarterly payments and 
     reimbursements.--If the Secretary determines under paragraph 
     (1)(A) that an Urban Indian Organization is not capable of 
     administering an entire single advance payment, on request of 
     the Urban Indian Organization, the payments may be made--
       ``(A) in semiannual or quarterly payments by not later than 
     30 days after the date on which the funding period with 
     respect to which the payments apply begins; or
       ``(B) by way of reimbursement.
       ``(c) Revision or Amendment of Contracts.--Notwithstanding 
     any provision of law to the contrary, the Secretary may, at 
     the request and consent of an Urban Indian Organization, 
     revise or amend any contract entered into by the Secretary 
     with such organization under this title as necessary to carry 
     out the purposes of this title.
       ``(d) Fair and Uniform Services and Assistance.--Contracts 
     with or grants to Urban Indian Organizations and regulations 
     adopted pursuant to this title shall include provisions to 
     assure the fair and uniform provision to Urban Indians of 
     services and assistance under such contracts or grants by 
     such organizations.

     ``SEC. 507. REPORTS AND RECORDS.

       ``(a) Reports.--
       ``(1) In general.--For each fiscal year during which an 
     Urban Indian Organization receives or expends funds pursuant 
     to a contract entered into or a grant received pursuant to 
     this title, such Urban Indian Organization shall submit to 
     the Secretary not more frequently than every 6 months, a 
     report that includes the following:
       ``(A) In the case of a contract or grant under section 503, 
     recommendations pursuant to section 503(a)(5).
       ``(B) Information on activities conducted by the 
     organization pursuant to the contract or grant.

[[Page 587]]

       ``(C) An accounting of the amounts and purpose for which 
     Federal funds were expended.
       ``(D) A minimum set of data, using uniformly defined 
     elements, as specified by the Secretary after consultation 
     with Urban Indian Organizations.
       ``(2) Health status and services.--
       ``(A) In general.--Not later than 18 months after the date 
     of enactment of the Indian Health Care Improvement Act 
     Amendments of 2008, the Secretary, acting through the Service 
     and working with a national membership-based consortium of 
     Urban Indian Organizations, shall submit to Congress a report 
     evaluating--
       ``(i) the health status of Urban Indians;
       ``(ii) the services provided to Indians pursuant to this 
     title; and
       ``(iii) areas of unmet needs in the delivery of health 
     services to Urban Indians, including unmet health care 
     facilities needs.
       ``(B) Consultation and contracts.--In preparing the report 
     under paragraph (1), the Secretary--
       ``(i) shall confer with Urban Indian Organizations; and
       ``(ii) may enter into a contract with a national 
     organization representing Urban Indian Organizations to 
     conduct any aspect of the report.
       ``(b) Audit.--The reports and records of the Urban Indian 
     Organization with respect to a contract or grant under this 
     title shall be subject to audit by the Secretary and the 
     Comptroller General of the United States.
       ``(c) Costs of Audits.--The Secretary shall allow as a cost 
     of any contract or grant entered into or awarded under 
     section 502 or 503 the cost of an annual independent 
     financial audit conducted by--
       ``(1) a certified public accountant; or
       ``(2) a certified public accounting firm qualified to 
     conduct Federal compliance audits.

     ``SEC. 508. LIMITATION ON CONTRACT AUTHORITY.

       ``The authority of the Secretary to enter into contracts or 
     to award grants under this title shall be to the extent, and 
     in an amount, provided for in appropriation Acts.

     ``SEC. 509. FACILITIES.

       ``(a) Grants.--The Secretary, acting through the Service, 
     may make grants to contractors or grant recipients under this 
     title for the lease, purchase, renovation, construction, or 
     expansion of facilities, including leased facilities, in 
     order to assist such contractors or grant recipients in 
     complying with applicable licensure or certification 
     requirements.
       ``(b) Loan Fund Study.--The Secretary, acting through the 
     Service, may carry out a study to determine the feasibility 
     of establishing a loan fund to provide to Urban Indian 
     Organizations direct loans or guarantees for loans for the 
     construction of health care facilities in a manner consistent 
     with section 309, including by submitting a report in 
     accordance with subsection (c) of that section.

     ``SEC. 510. DIVISION OF URBAN INDIAN HEALTH.

       ``There is established within the Service a Division of 
     Urban Indian Health, which shall be responsible for--
       ``(1) carrying out the provisions of this title;
       ``(2) providing central oversight of the programs and 
     services authorized under this title; and
       ``(3) providing technical assistance to Urban Indian 
     Organizations working with a national membership-based 
     consortium of Urban Indian Organizations.

     ``SEC. 511. GRANTS FOR ALCOHOL AND SUBSTANCE ABUSE-RELATED 
                   SERVICES.

       ``(a) Grants Authorized.--The Secretary, acting through the 
     Service, may make grants for the provision of health-related 
     services in prevention of, treatment of, rehabilitation of, 
     or school- and community-based education regarding, alcohol 
     and substance abuse, including fetal alcohol spectrum 
     disorders, in Urban Centers to those Urban Indian 
     Organizations with which the Secretary has entered into a 
     contract under this title or under section 201.
       ``(b) Goals.--Each grant made pursuant to subsection (a) 
     shall set forth the goals to be accomplished pursuant to the 
     grant. The goals shall be specific to each grant as agreed to 
     between the Secretary and the grantee.
       ``(c) Criteria.--The Secretary shall establish criteria for 
     the grants made under subsection (a), including criteria 
     relating to the following:
       ``(1) The size of the Urban Indian population.
       ``(2) Capability of the organization to adequately perform 
     the activities required under the grant.
       ``(3) Satisfactory performance standards for the 
     organization in meeting the goals set forth in such grant. 
     The standards shall be negotiated and agreed to between the 
     Secretary and the grantee on a grant-by-grant basis.
       ``(4) Identification of the need for services.
       ``(d) Allocation of Grants.--The Secretary shall develop a 
     methodology for allocating grants made pursuant to this 
     section based on the criteria established pursuant to 
     subsection (c).
       ``(e) Grants Subject to Criteria.--Any grant received by an 
     Urban Indian Organization under this Act for substance abuse 
     prevention, treatment, and rehabilitation shall be subject to 
     the criteria set forth in subsection (c).

     ``SEC. 512. TREATMENT OF CERTAIN DEMONSTRATION PROJECTS.

       ``Notwithstanding any other provision of law, the Tulsa 
     Clinic and Oklahoma City Clinic demonstration projects 
     shall--
       ``(1) be permanent programs within the Service's direct 
     care program;
       ``(2) continue to be treated as Service Units and Operating 
     Units in the allocation of resources and coordination of 
     care; and
       ``(3) continue to meet the requirements and definitions of 
     an Urban Indian Organization in this Act, and shall not be 
     subject to the provisions of the Indian Self-Determination 
     and Education Assistance Act (25 U.S.C. 450 et seq.).

     ``SEC. 513. URBAN NIAAA TRANSFERRED PROGRAMS.

       ``(a) Grants and Contracts.--The Secretary, through the 
     Division of Urban Indian Health, shall make grants to, or 
     enter into contracts with, Urban Indian Organizations, to 
     take effect not later than September 30, 2010, for the 
     administration of Urban Indian alcohol programs that were 
     originally established under the National Institute on 
     Alcoholism and Alcohol Abuse (hereafter in this section 
     referred to as `NIAAA') and transferred to the Service.
       ``(b) Use of Funds.--Grants provided or contracts entered 
     into under this section shall be used to provide support for 
     the continuation of alcohol prevention and treatment services 
     for Urban Indian populations and such other objectives as are 
     agreed upon between the Service and a recipient of a grant or 
     contract under this section.
       ``(c) Eligibility.--Urban Indian Organizations that operate 
     Indian alcohol programs originally funded under the NIAAA and 
     subsequently transferred to the Service are eligible for 
     grants or contracts under this section.
       ``(d) Report.--The Secretary shall evaluate and report to 
     Congress on the activities of programs funded under this 
     section not less than every 5 years.

     ``SEC. 514. CONFERRING WITH URBAN INDIAN ORGANIZATIONS.

       ``(a) In General.--The Secretary shall ensure that the 
     Service confers or conferences, to the greatest extent 
     practicable, with Urban Indian Organizations.
       ``(b) Definition of Confer; Conference.--In this section, 
     the terms `confer' and `conference' mean an open and free 
     exchange of information and opinions that--
       ``(1) leads to mutual understanding and comprehension; and
       ``(2) emphasizes trust, respect, and shared responsibility.

     ``SEC. 515. URBAN YOUTH TREATMENT CENTER DEMONSTRATION.

       ``(a) Construction and Operation.--
       ``(1) In general.--The Secretary, acting through the 
     Service, through grant or contract, shall fund the 
     construction and operation of at least 1 residential 
     treatment center in each Service Area that meets the 
     eligibility requirements set forth in subsection (b) to 
     demonstrate the provision of alcohol and substance abuse 
     treatment services to Urban Indian youth in a culturally 
     competent residential setting.
       ``(2) Treatment.--Each residential treatment center 
     described in paragraph (1) shall be in addition to any 
     facilities constructed under section 707(b).
       ``(b) Eligibility Requirements.--To be eligible to obtain a 
     facility under subsection (a)(1), a Service Area shall meet 
     the following requirements:
       ``(1) There is an Urban Indian Organization in the Service 
     Area.
       ``(2) There reside in the Service Area Urban Indian youth 
     with need for alcohol and substance abuse treatment services 
     in a residential setting.
       ``(3) There is a significant shortage of culturally 
     competent residential treatment services for Urban Indian 
     youth in the Service Area.

     ``SEC. 516. GRANTS FOR DIABETES PREVENTION, TREATMENT, AND 
                   CONTROL.

       ``(a) Grants Authorized.--The Secretary may make grants to 
     those Urban Indian Organizations that have entered into a 
     contract or have received a grant under this title for the 
     provision of services for the prevention and treatment of, 
     and control of the complications resulting from, diabetes 
     among Urban Indians.
       ``(b) Goals.--Each grant made pursuant to subsection (a) 
     shall set forth the goals to be accomplished under the grant. 
     The goals shall be specific to each grant as agreed to 
     between the Secretary and the grantee.
       ``(c) Establishment of Criteria.--The Secretary shall 
     establish criteria for the grants made under subsection (a) 
     relating to--
       ``(1) the size and location of the Urban Indian population 
     to be served;
       ``(2) the need for prevention of and treatment of, and 
     control of the complications resulting from, diabetes among 
     the Urban Indian population to be served;
       ``(3) performance standards for the organization in meeting 
     the goals set forth in such grant that are negotiated and 
     agreed to by the Secretary and the grantee;
       ``(4) the capability of the organization to adequately 
     perform the activities required under the grant; and

[[Page 588]]

       ``(5) the willingness of the organization to collaborate 
     with the registry, if any, established by the Secretary under 
     section 204(e) in the Area Office of the Service in which the 
     organization is located.
       ``(d) Funds Subject to Criteria.--Any funds received by an 
     Urban Indian Organization under this Act for the prevention, 
     treatment, and control of diabetes among Urban Indians shall 
     be subject to the criteria developed by the Secretary under 
     subsection (c).

     ``SEC. 517. COMMUNITY HEALTH REPRESENTATIVES.

       ``The Secretary, acting through the Service, may enter into 
     contracts with, and make grants to, Urban Indian 
     Organizations for the employment of Indians trained as health 
     service providers through the Community Health 
     Representatives Program under section 109 in the provision of 
     health care, health promotion, and disease prevention 
     services to Urban Indians.

     ``SEC. 518. EFFECTIVE DATE.

       ``The amendments made by the Indian Health Care Improvement 
     Act Amendments of 2008 to this title shall take effect 
     beginning on the date of enactment of that Act, regardless of 
     whether the Secretary has promulgated regulations 
     implementing such amendments.

     ``SEC. 519. ELIGIBILITY FOR SERVICES.

       ``Urban Indians shall be eligible for, and the ultimate 
     beneficiaries of, health care or referral services provided 
     pursuant to this title.

     ``SEC. 520. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated such sums as may 
     be necessary for each fiscal year through fiscal year 2017 to 
     carry out this title.

                ``TITLE VI--ORGANIZATIONAL IMPROVEMENTS

     ``SEC. 601. ESTABLISHMENT OF THE INDIAN HEALTH SERVICE AS AN 
                   AGENCY OF THE PUBLIC HEALTH SERVICE.

       ``(a) Establishment.--
       ``(1) In general.--In order to more effectively and 
     efficiently carry out the responsibilities, authorities, and 
     functions of the United States to provide health care 
     services to Indians and Indian Tribes, as are or may be 
     hereafter provided by Federal statute or treaties, there is 
     established within the Public Health Service of the 
     Department the Indian Health Service.
       ``(2) Director.--The Service shall be administered by a 
     Director, who shall be appointed by the President, by and 
     with the advice and consent of the Senate. The Director shall 
     report to the Secretary. Effective with respect to an 
     individual appointed by the President, by and with the advice 
     and consent of the Senate, after January 1, 2008, the term of 
     service of the Director shall be 4 years. A Director may 
     serve more than 1 term.
       ``(3) Incumbent.--The individual serving in the position of 
     Director of the Service on the day before the date of 
     enactment of the Indian Health Care Improvement Act 
     Amendments of 2008 shall serve as Director.
       ``(4) Advocacy and consultation.--The position of Director 
     is established to, in a manner consistent with the 
     government-to-government relationship between the United 
     States and Indian Tribes--
       ``(A) facilitate advocacy for the development of 
     appropriate Indian health policy; and
       ``(B) promote consultation on matters relating to Indian 
     health.
       ``(b) Agency.--The Service shall be an agency within the 
     Public Health Service of the Department, and shall not be an 
     office, component, or unit of any other agency of the 
     Department.
       ``(c) Duties.--The Director shall--
       ``(1) perform all functions that were, on the day before 
     the date of enactment of the Indian Health Care Improvement 
     Act Amendments of 2008, carried out by or under the direction 
     of the individual serving as Director of the Service on that 
     day;
       ``(2) perform all functions of the Secretary relating to 
     the maintenance and operation of hospital and health 
     facilities for Indians and the planning for, and provision 
     and utilization of, health services for Indians;
       ``(3) administer all health programs under which health 
     care is provided to Indians based upon their status as 
     Indians which are administered by the Secretary, including 
     programs under--
       ``(A) this Act;
       ``(B) the Act of November 2, 1921 (25 U.S.C. 13);
       ``(C) the Act of August 5, 1954 (42 U.S.C. 2001 et seq.);
       ``(D) the Act of August 16, 1957 (42 U.S.C. 2005 et seq.); 
     and
       ``(E) the Indian Self-Determination and Education 
     Assistance Act (25 U.S.C. 450 et seq.);
       ``(4) administer all scholarship and loan functions carried 
     out under title I;
       ``(5) directly advise the Secretary concerning the 
     development of all policy- and budget-related matters 
     affecting Indian health;
       ``(6) collaborate with the Assistant Secretary for Health 
     concerning appropriate matters of Indian health that affect 
     the agencies of the Public Health Service;
       ``(7) advise each Assistant Secretary of the Department 
     concerning matters of Indian health with respect to which 
     that Assistant Secretary has authority and responsibility;
       ``(8) advise the heads of other agencies and programs of 
     the Department concerning matters of Indian health with 
     respect to which those heads have authority and 
     responsibility;
       ``(9) coordinate the activities of the Department 
     concerning matters of Indian health; and
       ``(10) perform such other functions as the Secretary may 
     designate.
       ``(d) Authority.--
       ``(1) In general.--The Secretary, acting through the 
     Director, shall have the authority--
       ``(A) except to the extent provided for in paragraph (2), 
     to appoint and compensate employees for the Service in 
     accordance with title 5, United States Code;
       ``(B) to enter into contracts for the procurement of goods 
     and services to carry out the functions of the Service; and
       ``(C) to manage, expend, and obligate all funds 
     appropriated for the Service.
       ``(2) Personnel actions.--Notwithstanding any other 
     provision of law, the provisions of section 12 of the Act of 
     June 18, 1934 (48 Stat. 986; 25 U.S.C. 472), shall apply to 
     all personnel actions taken with respect to new positions 
     created within the Service as a result of its establishment 
     under subsection (a).

     ``SEC. 602. AUTOMATED MANAGEMENT INFORMATION SYSTEM.

       ``(a) Establishment.--
       ``(1) In general.--The Secretary shall establish an 
     automated management information system for the Service.
       ``(2) Requirements of system.--The information system 
     established under paragraph (1) shall include--
       ``(A) a financial management system;
       ``(B) a patient care information system for each area 
     served by the Service;
       ``(C) a privacy component that protects the privacy of 
     patient information held by, or on behalf of, the Service;
       ``(D) a services-based cost accounting component that 
     provides estimates of the costs associated with the provision 
     of specific medical treatments or services in each Area 
     office of the Service;
       ``(E) an interface mechanism for patient billing and 
     accounts receivable system; and
       ``(F) a training component.
       ``(b) Provision of Systems to Tribes and Organizations.--
     The Secretary shall provide each Tribal Health Program 
     automated management information systems which--
       ``(1) meet the management information needs of such Tribal 
     Health Program with respect to the treatment by the Tribal 
     Health Program of patients of the Service; and
       ``(2) meet the management information needs of the Service.
       ``(c) Access to Records.--Notwithstanding any other 
     provision of law, each patient shall have reasonable access 
     to the medical or health records of such patient which are 
     held by, or on behalf of, the Service.
       ``(d) Authority to Enhance Information Technology.--The 
     Secretary, acting through the Director, shall have the 
     authority to enter into contracts, agreements, or joint 
     ventures with other Federal agencies, States, private and 
     nonprofit organizations, for the purpose of enhancing 
     information technology in Indian Health Programs and 
     facilities.

     ``SEC. 603. AUTHORIZATION OF APPROPRIATIONS.

       ``There is authorized to be appropriated such sums as may 
     be necessary for each fiscal year through fiscal year 2017 to 
     carry out this title.

                ``TITLE VII--BEHAVIORAL HEALTH PROGRAMS

     ``SEC. 701. BEHAVIORAL HEALTH PREVENTION AND TREATMENT 
                   SERVICES.

       ``(a) Purposes.--The purposes of this section are as 
     follows:
       ``(1) To authorize and direct the Secretary, acting through 
     the Service, Indian Tribes and Tribal Organizations to 
     develop a comprehensive behavioral health prevention and 
     treatment program which emphasizes collaboration among 
     alcohol and substance abuse, social services, and mental 
     health programs.
       ``(2) To provide information, direction, and guidance 
     relating to mental illness and dysfunction and self-
     destructive behavior, including child abuse and family 
     violence, to those Federal, tribal, State, and local agencies 
     responsible for programs in Indian communities in areas of 
     health care, education, social services, child and family 
     welfare, alcohol and substance abuse, law enforcement, and 
     judicial services.
       ``(3) To assist Indian Tribes to identify services and 
     resources available to address mental illness and 
     dysfunctional and self-destructive behavior.
       ``(4) To provide authority and opportunities for Indian 
     Tribes and Tribal Organizations to develop, implement, and 
     coordinate with community-based programs which include 
     identification, prevention, education, referral, and 
     treatment services, including through multidisciplinary 
     resource teams.
       ``(5) To ensure that Indians, as citizens of the United 
     States and of the States in which they reside, have the same 
     access to behavioral health services to which all citizens 
     have access.
       ``(6) To modify or supplement existing programs and 
     authorities in the areas identified in paragraph (2).

[[Page 589]]

       ``(b) Plans.--
       ``(1) Development.--The Secretary, acting through the 
     Service, Indian Tribes, and Tribal Organizations, shall 
     encourage Indian Tribes and Tribal Organizations to develop 
     tribal plans and to participate in developing areawide plans 
     for Indian Behavioral Health Services. The plans shall 
     include, to the extent feasible, the following components:
       ``(A) An assessment of the scope of alcohol or other 
     substance abuse, mental illness, and dysfunctional and self-
     destructive behavior, including suicide, child abuse, and 
     family violence, among Indians, including--
       ``(i) the number of Indians served who are directly or 
     indirectly affected by such illness or behavior; or
       ``(ii) an estimate of the financial and human cost 
     attributable to such illness or behavior.
       ``(B) An assessment of the existing and additional 
     resources necessary for the prevention and treatment of such 
     illness and behavior, including an assessment of the progress 
     toward achieving the availability of the full continuum of 
     care described in subsection (c).
       ``(C) An estimate of the additional funding needed by the 
     Service, Indian Tribes, and Tribal Organizations to meet 
     their responsibilities under the plans.
       ``(2) Coordination with national clearinghouses and 
     information centers.--The Secretary, acting through the 
     Service, shall coordinate with existing national 
     clearinghouses and information centers to include at the 
     clearinghouses and centers plans and reports on the outcomes 
     of such plans developed by Indian Tribes, Tribal 
     Organizations, and Service Areas relating to behavioral 
     health. The Secretary shall ensure access to these plans and 
     outcomes by any Indian Tribe, Tribal Organization, or the 
     Service.
       ``(3) Technical assistance.--The Secretary shall provide 
     technical assistance to Indian Tribes and Tribal 
     Organizations in preparation of plans under this section and 
     in developing standards of care that may be used and adopted 
     locally.
       ``(c) Programs.--The Secretary, acting through the Service, 
     Indian Tribes, and Tribal Organizations, shall provide, to 
     the extent feasible and if funding is available, programs 
     including the following:
       ``(1) Comprehensive care.--A comprehensive continuum of 
     behavioral health care which provides--
       ``(A) community-based prevention, intervention, outpatient, 
     and behavioral health aftercare;
       ``(B) detoxification (social and medical);
       ``(C) acute hospitalization;
       ``(D) intensive outpatient/day treatment;
       ``(E) residential treatment;
       ``(F) transitional living for those needing a temporary, 
     stable living environment that is supportive of treatment and 
     recovery goals;
       ``(G) emergency shelter;
       ``(H) intensive case management;
       ``(I) diagnostic services; and
       ``(J) promotion of healthy approaches to risk and safety 
     issues, including injury prevention.
       ``(2) Child care.--Behavioral health services for Indians 
     from birth through age 17, including--
       ``(A) preschool and school age fetal alcohol spectrum 
     disorder services, including assessment and behavioral 
     intervention;
       ``(B) mental health and substance abuse services 
     (emotional, organic, alcohol, drug, inhalant, and tobacco);
       ``(C) identification and treatment of co-occurring 
     disorders and comorbidity;
       ``(D) prevention of alcohol, drug, inhalant, and tobacco 
     use;
       ``(E) early intervention, treatment, and aftercare; and
       ``(F) identification and treatment of neglect and physical, 
     mental, and sexual abuse.
       ``(3) Adult care.--Behavioral health services for Indians 
     from age 18 through 55, including--
       ``(A) early intervention, treatment, and aftercare;
       ``(B) mental health and substance abuse services 
     (emotional, alcohol, drug, inhalant, and tobacco), including 
     sex specific services;
       ``(C) identification and treatment of co-occurring 
     disorders (dual diagnosis) and comorbidity;
       ``(D) promotion of healthy approaches for risk-related 
     behavior;
       ``(E) treatment services for women at risk of a fetal 
     alcohol-exposed pregnancy; and
       ``(F) sex specific treatment for sexual assault and 
     domestic violence.
       ``(4) Family care.--Behavioral health services for 
     families, including--
       ``(A) early intervention, treatment, and aftercare for 
     affected families;
       ``(B) treatment for sexual assault and domestic violence; 
     and
       ``(C) promotion of healthy approaches relating to 
     parenting, domestic violence, and other abuse issues.
       ``(5) Elder care.--Behavioral health services for Indians 
     56 years of age and older, including--
       ``(A) early intervention, treatment, and aftercare;
       ``(B) mental health and substance abuse services 
     (emotional, alcohol, drug, inhalant, and tobacco), including 
     sex specific services;
       ``(C) identification and treatment of co-occurring 
     disorders (dual diagnosis) and comorbidity;
       ``(D) promotion of healthy approaches to managing 
     conditions related to aging;
       ``(E) sex specific treatment for sexual assault, domestic 
     violence, neglect, physical and mental abuse and 
     exploitation; and
       ``(F) identification and treatment of dementias regardless 
     of cause.
       ``(d) Community Behavioral Health Plan.--
       ``(1) Establishment.--The governing body of any Indian 
     Tribe or Tribal Organization may adopt a resolution for the 
     establishment of a community behavioral health plan providing 
     for the identification and coordination of available 
     resources and programs to identify, prevent, or treat 
     substance abuse, mental illness, or dysfunctional and self-
     destructive behavior, including child abuse and family 
     violence, among its members or its service population. This 
     plan should include behavioral health services, social 
     services, intensive outpatient services, and continuing 
     aftercare.
       ``(2) Technical assistance.--At the request of an Indian 
     Tribe or Tribal Organization, the Bureau of Indian Affairs 
     and the Service shall cooperate with and provide technical 
     assistance to the Indian Tribe or Tribal Organization in the 
     development and implementation of such plan.
       ``(3) Funding.--The Secretary, acting through the Service, 
     may make funding available to Indian Tribes and Tribal 
     Organizations which adopt a resolution pursuant to paragraph 
     (1) to obtain technical assistance for the development of a 
     community behavioral health plan and to provide 
     administrative support in the implementation of such plan.
       ``(e) Coordination for Availability of Services.--The 
     Secretary, acting through the Service, Indian Tribes, and 
     Tribal Organizations, shall coordinate behavioral health 
     planning, to the extent feasible, with other Federal agencies 
     and with State agencies, to encourage comprehensive 
     behavioral health services for Indians regardless of their 
     place of residence.
       ``(f) Mental Health Care Need Assessment.--Not later than 1 
     year after the date of enactment of the Indian Health Care 
     Improvement Act Amendments of 2008, the Secretary, acting 
     through the Service, shall make an assessment of the need for 
     inpatient mental health care among Indians and the 
     availability and cost of inpatient mental health facilities 
     which can meet such need. In making such assessment, the 
     Secretary shall consider the possible conversion of existing, 
     underused Service hospital beds into psychiatric units to 
     meet such need.

     ``SEC. 702. MEMORANDA OF AGREEMENT WITH THE DEPARTMENT OF THE 
                   INTERIOR.

       ``(a) Contents.--Not later than 12 months after the date of 
     enactment of the Indian Health Care Improvement Act 
     Amendments of 2008, the Secretary, acting through the 
     Service, and the Secretary of the Interior shall develop and 
     enter into a memoranda of agreement, or review and update any 
     existing memoranda of agreement, as required by section 4205 
     of the Indian Alcohol and Substance Abuse Prevention and 
     Treatment Act of 1986 (25 U.S.C. 2411) under which the 
     Secretaries address the following:
       ``(1) The scope and nature of mental illness and 
     dysfunctional and self-destructive behavior, including child 
     abuse and family violence, among Indians.
       ``(2) The existing Federal, tribal, State, local, and 
     private services, resources, and programs available to 
     provide behavioral health services for Indians.
       ``(3) The unmet need for additional services, resources, 
     and programs necessary to meet the needs identified pursuant 
     to paragraph (1).
       ``(4)(A) The right of Indians, as citizens of the United 
     States and of the States in which they reside, to have access 
     to behavioral health services to which all citizens have 
     access.
       ``(B) The right of Indians to participate in, and receive 
     the benefit of, such services.
       ``(C) The actions necessary to protect the exercise of such 
     right.
       ``(5) The responsibilities of the Bureau of Indian Affairs 
     and the Service, including mental illness identification, 
     prevention, education, referral, and treatment services 
     (including services through multidisciplinary resource 
     teams), at the central, area, and agency and Service Unit, 
     Service Area, and headquarters levels to address the problems 
     identified in paragraph (1).
       ``(6) A strategy for the comprehensive coordination of the 
     behavioral health services provided by the Bureau of Indian 
     Affairs and the Service to meet the problems identified 
     pursuant to paragraph (1), including--
       ``(A) the coordination of alcohol and substance abuse 
     programs of the Service, the Bureau of Indian Affairs, and 
     Indian Tribes and Tribal Organizations (developed under the 
     Indian Alcohol and Substance Abuse Prevention and Treatment 
     Act of 1986 (25 U.S.C. 2401 et seq.)) with behavioral health 
     initiatives pursuant to this Act, particularly with respect 
     to the referral and treatment of dually diagnosed individuals 
     requiring behavioral health and substance abuse treatment; 
     and
       ``(B) ensuring that the Bureau of Indian Affairs and 
     Service programs and services (including multidisciplinary 
     resource teams)

[[Page 590]]

     addressing child abuse and family violence are coordinated 
     with such non-Federal programs and services.
       ``(7) Directing appropriate officials of the Bureau of 
     Indian Affairs and the Service, particularly at the agency 
     and Service Unit levels, to cooperate fully with tribal 
     requests made pursuant to community behavioral health plans 
     adopted under section 701(c) and section 4206 of the Indian 
     Alcohol and Substance Abuse Prevention and Treatment Act of 
     1986 (25 U.S.C. 2412).
       ``(8) Providing for an annual review of such agreement by 
     the Secretaries which shall be provided to Congress and 
     Indian Tribes and Tribal Organizations.
       ``(b) Specific Provisions Required.--The memoranda of 
     agreement updated or entered into pursuant to subsection (a) 
     shall include specific provisions pursuant to which the 
     Service shall assume responsibility for--
       ``(1) the determination of the scope of the problem of 
     alcohol and substance abuse among Indians, including the 
     number of Indians within the jurisdiction of the Service who 
     are directly or indirectly affected by alcohol and substance 
     abuse and the financial and human cost;
       ``(2) an assessment of the existing and needed resources 
     necessary for the prevention of alcohol and substance abuse 
     and the treatment of Indians affected by alcohol and 
     substance abuse; and
       ``(3) an estimate of the funding necessary to adequately 
     support a program of prevention of alcohol and substance 
     abuse and treatment of Indians affected by alcohol and 
     substance abuse.
       ``(c) Publication.--Each memorandum of agreement entered 
     into or renewed (and amendments or modifications thereto) 
     under subsection (a) shall be published in the Federal 
     Register. At the same time as publication in the Federal 
     Register, the Secretary shall provide a copy of such 
     memoranda, amendment, or modification to each Indian Tribe, 
     Tribal Organization, and Urban Indian Organization.

     ``SEC. 703. COMPREHENSIVE BEHAVIORAL HEALTH PREVENTION AND 
                   TREATMENT PROGRAM.

       ``(a) Establishment.--
       ``(1) In general.--The Secretary, acting through the 
     Service, Indian Tribes, and Tribal Organizations, shall 
     provide a program of comprehensive behavioral health, 
     prevention, treatment, and aftercare, which shall include--
       ``(A) prevention, through educational intervention, in 
     Indian communities;
       ``(B) acute detoxification, psychiatric hospitalization, 
     residential, and intensive outpatient treatment;
       ``(C) community-based rehabilitation and aftercare;
       ``(D) community education and involvement, including 
     extensive training of health care, educational, and 
     community-based personnel;
       ``(E) specialized residential treatment programs for high-
     risk populations, including pregnant and postpartum women and 
     their children; and
       ``(F) diagnostic services.
       ``(2) Target populations.--The target population of such 
     programs shall be members of Indian Tribes. Efforts to train 
     and educate key members of the Indian community shall also 
     target employees of health, education, judicial, law 
     enforcement, legal, and social service programs.
       ``(b) Contract Health Services.--
       ``(1) In general.--The Secretary, acting through the 
     Service, Indian Tribes, and Tribal Organizations, may enter 
     into contracts with public or private providers of behavioral 
     health treatment services for the purpose of carrying out the 
     program required under subsection (a).
       ``(2) Provision of assistance.--In carrying out this 
     subsection, the Secretary shall provide assistance to Indian 
     Tribes and Tribal Organizations to develop criteria for the 
     certification of behavioral health service providers and 
     accreditation of service facilities which meet minimum 
     standards for such services and facilities.

     ``SEC. 704. MENTAL HEALTH TECHNICIAN PROGRAM.

       ``(a) In General.--Under the authority of the Act of 
     November 2, 1921 (25 U.S.C. 13) (commonly known as the 
     `Snyder Act'), the Secretary shall establish and maintain a 
     mental health technician program within the Service which--
       ``(1) provides for the training of Indians as mental health 
     technicians; and
       ``(2) employs such technicians in the provision of 
     community-based mental health care that includes 
     identification, prevention, education, referral, and 
     treatment services.
       ``(b) Paraprofessional Training.--In carrying out 
     subsection (a), the Secretary, acting through the Service, 
     Indian Tribes, and Tribal Organizations, shall provide high-
     standard paraprofessional training in mental health care 
     necessary to provide quality care to the Indian communities 
     to be served. Such training shall be based upon a curriculum 
     developed or approved by the Secretary which combines 
     education in the theory of mental health care with supervised 
     practical experience in the provision of such care.
       ``(c) Supervision and Evaluation of Technicians.--The 
     Secretary, acting through the Service, Indian Tribes, and 
     Tribal Organizations, shall supervise and evaluate the mental 
     health technicians in the training program.
       ``(d) Traditional Health Care Practices.--The Secretary, 
     acting through the Service, shall ensure that the program 
     established pursuant to this subsection involves the use and 
     promotion of the traditional health care practices of the 
     Indian Tribes to be served.

     ``SEC. 705. LICENSING REQUIREMENT FOR MENTAL HEALTH CARE 
                   WORKERS.

       ``(a) In General.--Subject to the provisions of section 
     221, and except as provided in subsection (b), any individual 
     employed as a psychologist, social worker, or marriage and 
     family therapist for the purpose of providing mental health 
     care services to Indians in a clinical setting under this Act 
     is required to be licensed as a psychologist, social worker, 
     or marriage and family therapist, respectively.
       ``(b) Trainees.--An individual may be employed as a trainee 
     in psychology, social work, or marriage and family therapy to 
     provide mental health care services described in subsection 
     (a) if such individual--
       ``(1) works under the direct supervision of a licensed 
     psychologist, social worker, or marriage and family 
     therapist, respectively;
       ``(2) is enrolled in or has completed at least 2 years of 
     course work at a post-secondary, accredited education program 
     for psychology, social work, marriage and family therapy, or 
     counseling; and
       ``(3) meets such other training, supervision, and quality 
     review requirements as the Secretary may establish.

     ``SEC. 706. INDIAN WOMEN TREATMENT PROGRAMS.

       ``(a) Grants.--The Secretary, consistent with section 701, 
     may make grants to Indian Tribes, Tribal Organizations, and 
     Urban Indian Organizations to develop and implement a 
     comprehensive behavioral health program of prevention, 
     intervention, treatment, and relapse prevention services that 
     specifically addresses the cultural, historical, social, and 
     child care needs of Indian women, regardless of age.
       ``(b) Use of Grant Funds.--A grant made pursuant to this 
     section may be used to--
       ``(1) develop and provide community training, education, 
     and prevention programs for Indian women relating to 
     behavioral health issues, including fetal alcohol spectrum 
     disorders;
       ``(2) identify and provide psychological services, 
     counseling, advocacy, support, and relapse prevention to 
     Indian women and their families; and
       ``(3) develop prevention and intervention models for Indian 
     women which incorporate traditional health care practices, 
     cultural values, and community and family involvement.
       ``(c) Criteria.--The Secretary, in consultation with Indian 
     Tribes and Tribal Organizations, shall establish criteria for 
     the review and approval of applications and proposals for 
     funding under this section.
       ``(d) Earmark of Certain Funds.--Twenty percent of the 
     funds appropriated pursuant to this section shall be used to 
     make grants to Urban Indian Organizations.

     ``SEC. 707. INDIAN YOUTH PROGRAM.

       ``(a) Detoxification and Rehabilitation.--The Secretary, 
     acting through the Service, consistent with section 701, 
     shall develop and implement a program for acute 
     detoxification and treatment for Indian youths, including 
     behavioral health services. The program shall include 
     regional treatment centers designed to include detoxification 
     and rehabilitation for both sexes on a referral basis and 
     programs developed and implemented by Indian Tribes or Tribal 
     Organizations at the local level under the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 450 et 
     seq.). Regional centers shall be integrated with the intake 
     and rehabilitation programs based in the referring Indian 
     community.
       ``(b) Alcohol and Substance Abuse Treatment Centers or 
     Facilities.--
       ``(1) Establishment.--
       ``(A) In general.--The Secretary, acting through the 
     Service, Indian Tribes, and Tribal Organizations, shall 
     construct, renovate, or, as necessary, purchase, and 
     appropriately staff and operate, at least 1 youth regional 
     treatment center or treatment network in each area under the 
     jurisdiction of an Area Office.
       ``(B) Area office in california.--For the purposes of this 
     subsection, the Area Office in California shall be considered 
     to be 2 Area Offices, 1 office whose jurisdiction shall be 
     considered to encompass the northern area of the State of 
     California, and 1 office whose jurisdiction shall be 
     considered to encompass the remainder of the State of 
     California for the purpose of implementing California 
     treatment networks.
       ``(2) Funding.--For the purpose of staffing and operating 
     such centers or facilities, funding shall be pursuant to the 
     Act of November 2, 1921 (25 U.S.C. 13).
       ``(3) Location.--A youth treatment center constructed or 
     purchased under this subsection shall be constructed or 
     purchased at a location within the area described in 
     paragraph (1) agreed upon (by appropriate tribal resolution) 
     by a majority of the Indian Tribes to be served by such 
     center.
       ``(4) Specific provision of funds.--

[[Page 591]]

       ``(A) In general.--Notwithstanding any other provision of 
     this title, the Secretary may, from amounts authorized to be 
     appropriated for the purposes of carrying out this section, 
     make funds available to--
       ``(i) the Tanana Chiefs Conference, Incorporated, for the 
     purpose of leasing, constructing, renovating, operating, and 
     maintaining a residential youth treatment facility in 
     Fairbanks, Alaska; and
       ``(ii) the Southeast Alaska Regional Health Corporation to 
     staff and operate a residential youth treatment facility 
     without regard to the proviso set forth in section 4(l) of 
     the Indian Self-Determination and Education Assistance Act 
     (25 U.S.C. 450b(l)).
       ``(B) Provision of services to eligible youths.--Until 
     additional residential youth treatment facilities are 
     established in Alaska pursuant to this section, the 
     facilities specified in subparagraph (A) shall make every 
     effort to provide services to all eligible Indian youths 
     residing in Alaska.
       ``(c) Intermediate Adolescent Behavioral Health Services.--
       ``(1) In general.--The Secretary, acting through the 
     Service, Indian Tribes, and Tribal Organizations, may provide 
     intermediate behavioral health services to Indian children 
     and adolescents, including--
       ``(A) pretreatment assistance;
       ``(B) inpatient, outpatient, and aftercare services;
       ``(C) emergency care;
       ``(D) suicide prevention and crisis intervention; and
       ``(E) prevention and treatment of mental illness and 
     dysfunctional and self-destructive behavior, including child 
     abuse and family violence.
       ``(2) Use of funds.--Funds provided under this subsection 
     may be used--
       ``(A) to construct or renovate an existing health facility 
     to provide intermediate behavioral health services;
       ``(B) to hire behavioral health professionals;
       ``(C) to staff, operate, and maintain an intermediate 
     mental health facility, group home, sober housing, 
     transitional housing or similar facilities, or youth shelter 
     where intermediate behavioral health services are being 
     provided;
       ``(D) to make renovations and hire appropriate staff to 
     convert existing hospital beds into adolescent psychiatric 
     units; and
       ``(E) for intensive home- and community-based services.
       ``(3) Criteria.--The Secretary, acting through the Service, 
     shall, in consultation with Indian Tribes and Tribal 
     Organizations, establish criteria for the review and approval 
     of applications or proposals for funding made available 
     pursuant to this subsection.
       ``(d) Federally-Owned Structures.--
       ``(1) In general.--The Secretary, in consultation with 
     Indian Tribes and Tribal Organizations, shall--
       ``(A) identify and use, where appropriate, federally-owned 
     structures suitable for local residential or regional 
     behavioral health treatment for Indian youths; and
       ``(B) establish guidelines for determining the suitability 
     of any such federally-owned structure to be used for local 
     residential or regional behavioral health treatment for 
     Indian youths.
       ``(2) Terms and conditions for use of structure.--Any 
     structure described in paragraph (1) may be used under such 
     terms and conditions as may be agreed upon by the Secretary 
     and the agency having responsibility for the structure and 
     any Indian Tribe or Tribal Organization operating the 
     program.
       ``(e) Rehabilitation and Aftercare Services.--
       ``(1) In general.--The Secretary, Indian Tribes, or Tribal 
     Organizations, in cooperation with the Secretary of the 
     Interior, shall develop and implement within each Service 
     Unit, community-based rehabilitation and follow-up services 
     for Indian youths who are having significant behavioral 
     health problems, and require long-term treatment, community 
     reintegration, and monitoring to support the Indian youths 
     after their return to their home community.
       ``(2) Administration.--Services under paragraph (1) shall 
     be provided by trained staff within the community who can 
     assist the Indian youths in their continuing development of 
     self-image, positive problem-solving skills, and nonalcohol 
     or substance abusing behaviors. Such staff may include 
     alcohol and substance abuse counselors, mental health 
     professionals, and other health professionals and 
     paraprofessionals, including community health 
     representatives.
       ``(f) Inclusion of Family in Youth Treatment Program.--In 
     providing the treatment and other services to Indian youths 
     authorized by this section, the Secretary, acting through the 
     Service, Indian Tribes, and Tribal Organizations, shall 
     provide for the inclusion of family members of such youths in 
     the treatment programs or other services as may be 
     appropriate. Not less than 10 percent of the funds 
     appropriated for the purposes of carrying out subsection (e) 
     shall be used for outpatient care of adult family members 
     related to the treatment of an Indian youth under that 
     subsection.
       ``(g) Multidrug Abuse Program.--The Secretary, acting 
     through the Service, Indian Tribes, and Tribal Organizations, 
     shall provide, consistent with section 701, programs and 
     services to prevent and treat the abuse of multiple forms of 
     substances, including alcohol, drugs, inhalants, and tobacco, 
     among Indian youths residing in Indian communities, on or 
     near reservations, and in urban areas and provide appropriate 
     mental health services to address the incidence of mental 
     illness among such youths.
       ``(h) Indian Youth Mental Health.--The Secretary, acting 
     through the Service, shall collect data for the report under 
     section 801 with respect to--
       ``(1) the number of Indian youth who are being provided 
     mental health services through the Service and Tribal Health 
     Programs;
       ``(2) a description of, and costs associated with, the 
     mental health services provided for Indian youth through the 
     Service and Tribal Health Programs;
       ``(3) the number of youth referred to the Service or Tribal 
     Health Programs for mental health services;
       ``(4) the number of Indian youth provided residential 
     treatment for mental health and behavioral problems through 
     the Service and Tribal Health Programs, reported separately 
     for on- and off-reservation facilities; and
       ``(5) the costs of the services described in paragraph (4).

     ``SEC. 708. INDIAN YOUTH TELEMENTAL HEALTH DEMONSTRATION 
                   PROJECT.

       ``(a) Purpose.--The purpose of this section is to authorize 
     the Secretary to carry out a demonstration project to test 
     the use of telemental health services in suicide prevention, 
     intervention and treatment of Indian youth, including 
     through--
       ``(1) the use of psychotherapy, psychiatric assessments, 
     diagnostic interviews, therapies for mental health conditions 
     predisposing to suicide, and alcohol and substance abuse 
     treatment;
       ``(2) the provision of clinical expertise to, consultation 
     services with, and medical advice and training for frontline 
     health care providers working with Indian youth;
       ``(3) training and related support for community leaders, 
     family members and health and education workers who work with 
     Indian youth;
       ``(4) the development of culturally-relevant educational 
     materials on suicide; and
       ``(5) data collection and reporting.
       ``(b) Definitions.--For the purpose of this section, the 
     following definitions shall apply:
       ``(1) Demonstration project.--The term `demonstration 
     project' means the Indian youth telemental health 
     demonstration project authorized under subsection (c).
       ``(2) Telemental health.--The term `telemental health' 
     means the use of electronic information and 
     telecommunications technologies to support long distance 
     mental health care, patient and professional-related 
     education, public health, and health administration.
       ``(c) Authorization.--
       ``(1) In general.--The Secretary is authorized to award 
     grants under the demonstration project for the provision of 
     telemental health services to Indian youth who--
       ``(A) have expressed suicidal ideas;
       ``(B) have attempted suicide; or
       ``(C) have mental health conditions that increase or could 
     increase the risk of suicide.
       ``(2) Eligibility for grants.--Such grants shall be awarded 
     to Indian Tribes and Tribal Organizations that operate 1 or 
     more facilities--
       ``(A) located in Alaska and part of the Alaska Federal 
     Health Care Access Network;
       ``(B) reporting active clinical telehealth capabilities; or
       ``(C) offering school-based telemental health services 
     relating to psychiatry to Indian youth.
       ``(3) Grant period.--The Secretary shall award grants under 
     this section for a period of up to 4 years.
       ``(4) Awarding of grants.--Not more than 5 grants shall be 
     provided under paragraph (1), with priority consideration 
     given to Indian Tribes and Tribal Organizations that--
       ``(A) serve a particular community or geographic area where 
     there is a demonstrated need to address Indian youth suicide;
       ``(B) enter in to collaborative partnerships with Indian 
     Health Service or Tribal Health Programs or facilities to 
     provide services under this demonstration project;
       ``(C) serve an isolated community or geographic area which 
     has limited or no access to behavioral health services; or
       ``(D) operate a detention facility at which Indian youth 
     are detained.
       ``(d) Use of Funds.--
       ``(1) In general.--An Indian Tribe or Tribal Organization 
     shall use a grant received under subsection (c) for the 
     following purposes:
       ``(A) To provide telemental health services to Indian 
     youth, including the provision of--
       ``(i) psychotherapy;
       ``(ii) psychiatric assessments and diagnostic interviews, 
     therapies for mental health conditions predisposing to 
     suicide, and treatment; and
       ``(iii) alcohol and substance abuse treatment.
       ``(B) To provide clinician-interactive medical advice, 
     guidance and training, assistance in diagnosis and 
     interpretation, crisis counseling and intervention, and 
     related assistance to Service, tribal, or urban clinicians 
     and health services providers working with youth being served 
     under this demonstration project.

[[Page 592]]

       ``(C) To assist, educate and train community leaders, 
     health education professionals and paraprofessionals, tribal 
     outreach workers, and family members who work with the youth 
     receiving telemental health services under this demonstration 
     project, including with identification of suicidal 
     tendencies, crisis intervention and suicide prevention, 
     emergency skill development, and building and expanding 
     networks among these individuals and with State and local 
     health services providers.
       ``(D) To develop and distribute culturally appropriate 
     community educational materials on--
       ``(i) suicide prevention;
       ``(ii) suicide education;
       ``(iii) suicide screening;
       ``(iv) suicide intervention; and
       ``(v) ways to mobilize communities with respect to the 
     identification of risk factors for suicide.
       ``(E) For data collection and reporting related to Indian 
     youth suicide prevention efforts.
       ``(2) Traditional health care practices.--In carrying out 
     the purposes described in paragraph (1), an Indian Tribe or 
     Tribal Organization may use and promote the traditional 
     health care practices of the Indian Tribes of the youth to be 
     served.
       ``(e) Applications.--To be eligible to receive a grant 
     under subsection (c), an Indian Tribe or Tribal Organization 
     shall prepare and submit to the Secretary an application, at 
     such time, in such manner, and containing such information as 
     the Secretary may require, including--
       ``(1) a description of the project that the Indian Tribe or 
     Tribal Organization will carry out using the funds provided 
     under the grant;
       ``(2) a description of the manner in which the project 
     funded under the grant would--
       ``(A) meet the telemental health care needs of the Indian 
     youth population to be served by the project; or
       ``(B) improve the access of the Indian youth population to 
     be served to suicide prevention and treatment services;
       ``(3) evidence of support for the project from the local 
     community to be served by the project;
       ``(4) a description of how the families and leadership of 
     the communities or populations to be served by the project 
     would be involved in the development and ongoing operations 
     of the project;
       ``(5) a plan to involve the tribal community of the youth 
     who are provided services by the project in planning and 
     evaluating the mental health care and suicide prevention 
     efforts provided, in order to ensure the integration of 
     community, clinical, environmental, and cultural components 
     of the treatment; and
       ``(6) a plan for sustaining the project after Federal 
     assistance for the demonstration project has terminated.
       ``(f) Collaboration; Reporting to National Clearinghouse.--
       ``(1) Collaboration.--The Secretary, acting through the 
     Service, shall encourage Indian Tribes and Tribal 
     Organizations receiving grants under this section to 
     collaborate to enable comparisons about best practices across 
     projects.
       ``(2) Reporting to national clearinghouse.--The Secretary, 
     acting through the Service, shall also encourage Indian 
     Tribes and Tribal Organizations receiving grants under this 
     section to submit relevant, declassified project information 
     to the national clearinghouse authorized under section 
     701(b)(2) in order to better facilitate program performance 
     and improve suicide prevention, intervention, and treatment 
     services.
       ``(g) Annual Report.--Each grant recipient shall submit to 
     the Secretary an annual report that--
       ``(1) describes the number of telemental health services 
     provided; and
       ``(2) includes any other information that the Secretary may 
     require.
       ``(h) Report to Congress.--Not later than 270 days after 
     the termination of the demonstration project, the Secretary 
     shall submit to the Committee on Indian Affairs of the Senate 
     and the Committee on Natural Resources and Committee on 
     Energy and Commerce of the House of Representatives a final 
     report, based on the annual reports provided by grant 
     recipients under subsection (h), that--
       ``(1) describes the results of the projects funded by 
     grants awarded under this section, including any data 
     available which indicates the number of attempted suicides;
       ``(2) evaluates the impact of the telemental health 
     services funded by the grants in reducing the number of 
     completed suicides among Indian youth;
       ``(3) evaluates whether the demonstration project should 
     be--
       ``(A) expanded to provide more than 5 grants; and
       ``(B) designated a permanent program; and
       ``(4) evaluates the benefits of expanding the demonstration 
     project to include Urban Indian Organizations.
       ``(i) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $1,500,000 for 
     each of fiscal years 2008 through 2011.

     ``SEC. 709. INPATIENT AND COMMUNITY-BASED MENTAL HEALTH 
                   FACILITIES DESIGN, CONSTRUCTION, AND STAFFING.

       ``Not later than 1 year after the date of enactment of the 
     Indian Health Care Improvement Act Amendments of 2008, the 
     Secretary, acting through the Service, Indian Tribes, and 
     Tribal Organizations, may provide, in each area of the 
     Service, not less than 1 inpatient mental health care 
     facility, or the equivalent, for Indians with behavioral 
     health problems. For the purposes of this subsection, 
     California shall be considered to be 2 Area Offices, 1 office 
     whose location shall be considered to encompass the northern 
     area of the State of California and 1 office whose 
     jurisdiction shall be considered to encompass the remainder 
     of the State of California. The Secretary shall consider the 
     possible conversion of existing, underused Service hospital 
     beds into psychiatric units to meet such need.

     ``SEC. 710. TRAINING AND COMMUNITY EDUCATION.

       ``(a) Program.--The Secretary, in cooperation with the 
     Secretary of the Interior, shall develop and implement or 
     assist Indian Tribes and Tribal Organizations to develop and 
     implement, within each Service Unit or tribal program, a 
     program of community education and involvement which shall be 
     designed to provide concise and timely information to the 
     community leadership of each tribal community. Such program 
     shall include education about behavioral health issues to 
     political leaders, Tribal judges, law enforcement personnel, 
     members of tribal health and education boards, health care 
     providers including traditional practitioners, and other 
     critical members of each tribal community. Such program may 
     also include community-based training to develop local 
     capacity and tribal community provider training for 
     prevention, intervention, treatment, and aftercare.
       ``(b) Instruction.--The Secretary, acting through the 
     Service, shall, either directly or through Indian Tribes and 
     Tribal Organizations, provide instruction in the area of 
     behavioral health issues, including instruction in crisis 
     intervention and family relations in the context of alcohol 
     and substance abuse, child sexual abuse, youth alcohol and 
     substance abuse, and the causes and effects of fetal alcohol 
     spectrum disorders to appropriate employees of the Bureau of 
     Indian Affairs and the Service, and to personnel in schools 
     or programs operated under any contract with the Bureau of 
     Indian Affairs or the Service, including supervisors of 
     emergency shelters and halfway houses described in section 
     4213 of the Indian Alcohol and Substance Abuse Prevention and 
     Treatment Act of 1986 (25 U.S.C. 2433).
       ``(c) Training Models.--In carrying out the education and 
     training programs required by this section, the Secretary, in 
     consultation with Indian Tribes, Tribal Organizations, Indian 
     behavioral health experts, and Indian alcohol and substance 
     abuse prevention experts, shall develop and provide 
     community-based training models. Such models shall address--
       ``(1) the elevated risk of alcohol and behavioral health 
     problems faced by children of alcoholics;
       ``(2) the cultural, spiritual, and multigenerational 
     aspects of behavioral health problem prevention and recovery; 
     and
       ``(3) community-based and multidisciplinary strategies for 
     preventing and treating behavioral health problems.

     ``SEC. 711. BEHAVIORAL HEALTH PROGRAM.

       ``(a) Innovative Programs.--The Secretary, acting through 
     the Service, Indian Tribes, and Tribal Organizations, 
     consistent with section 701, may plan, develop, implement, 
     and carry out programs to deliver innovative community-based 
     behavioral health services to Indians.
       ``(b) Awards; Criteria.--The Secretary may award a grant 
     for a project under subsection (a) to an Indian Tribe or 
     Tribal Organization and may consider the following criteria:
       ``(1) The project will address significant unmet behavioral 
     health needs among Indians.
       ``(2) The project will serve a significant number of 
     Indians.
       ``(3) The project has the potential to deliver services in 
     an efficient and effective manner.
       ``(4) The Indian Tribe or Tribal Organization has the 
     administrative and financial capability to administer the 
     project.
       ``(5) The project may deliver services in a manner 
     consistent with traditional health care practices.
       ``(6) The project is coordinated with, and avoids 
     duplication of, existing services.
       ``(c) Equitable Treatment.--For purposes of this 
     subsection, the Secretary shall, in evaluating project 
     applications or proposals, use the same criteria that the 
     Secretary uses in evaluating any other application or 
     proposal for such funding.

     ``SEC. 712. FETAL ALCOHOL SPECTRUM DISORDERS PROGRAMS.

       ``(a) Programs.--
       ``(1) Establishment.--The Secretary, consistent with 
     section 701, acting through the Service, Indian Tribes, and 
     Tribal Organizations, is authorized to establish and operate 
     fetal alcohol spectrum disorders programs as provided in this 
     section for the purposes of

[[Page 593]]

     meeting the health status objectives specified in section 3.
       ``(2) Use of funds.--
       ``(A) In general.--Funding provided pursuant to this 
     section shall be used for the following:
       ``(i) To develop and provide for Indians community and in-
     school training, education, and prevention programs relating 
     to fetal alcohol spectrum disorders.
       ``(ii) To identify and provide behavioral health treatment 
     to high-risk Indian women and high-risk women pregnant with 
     an Indian's child.
       ``(iii) To identify and provide appropriate psychological 
     services, educational and vocational support, counseling, 
     advocacy, and information to fetal alcohol spectrum 
     disorders-affected Indians and their families or caretakers.
       ``(iv) To develop and implement counseling and support 
     programs in schools for fetal alcohol spectrum disorders-
     affected Indian children.
       ``(v) To develop prevention and intervention models which 
     incorporate practitioners of traditional health care 
     practices, cultural values, and community involvement.
       ``(vi) To develop, print, and disseminate education and 
     prevention materials on fetal alcohol spectrum disorders.
       ``(vii) To develop and implement, in consultation with 
     Indian Tribes and Tribal Organizations, and in conference 
     with Urban Indian Organizations, culturally sensitive 
     assessment and diagnostic tools including dysmorphology 
     clinics and multidisciplinary fetal alcohol spectrum 
     disorders clinics for use in Indian communities and Urban 
     Centers.
       ``(B) Additional uses.--In addition to any purpose under 
     subparagraph (A), funding provided pursuant to this section 
     may be used for 1 or more of the following:
       ``(i) Early childhood intervention projects from birth on 
     to mitigate the effects of fetal alcohol spectrum disorders 
     among Indians.
       ``(ii) Community-based support services for Indians and 
     women pregnant with Indian children.
       ``(iii) Community-based housing for adult Indians with 
     fetal alcohol spectrum disorders.
       ``(3) Criteria for applications.--The Secretary shall 
     establish criteria for the review and approval of 
     applications for funding under this section.
       ``(b) Services.--The Secretary, acting through the Service, 
     Indian Tribes, and Tribal Organizations, shall--
       ``(1) develop and provide services for the prevention, 
     intervention, treatment, and aftercare for those affected by 
     fetal alcohol spectrum disorders in Indian communities; and
       ``(2) provide supportive services, including services to 
     meet the special educational, vocational, school-to-work 
     transition, and independent living needs of adolescent and 
     adult Indians with fetal alcohol spectrum disorders.
       ``(c) Task Force.--The Secretary shall establish a task 
     force to be known as the Fetal Alcohol Spectrum Disorders 
     Task Force to advise the Secretary in carrying out subsection 
     (b). Such task force shall be composed of representatives 
     from the following:
       ``(1) The National Institute on Drug Abuse.
       ``(2) The National Institute on Alcohol and Alcoholism.
       ``(3) The Office of Substance Abuse Prevention.
       ``(4) The National Institute of Mental Health.
       ``(5) The Service.
       ``(6) The Office of Minority Health of the Department of 
     Health and Human Services.
       ``(7) The Administration for Native Americans.
       ``(8) The National Institute of Child Health and Human 
     Development (NICHD).
       ``(9) The Centers for Disease Control and Prevention.
       ``(10) The Bureau of Indian Affairs.
       ``(11) Indian Tribes.
       ``(12) Tribal Organizations.
       ``(13) Urban Indian communities.
       ``(14) Indian fetal alcohol spectrum disorders experts.
       ``(d) Applied Research Projects.--The Secretary, acting 
     through the Substance Abuse and Mental Health Services 
     Administration, shall make grants to Indian Tribes, Tribal 
     Organizations, and Urban Indian Organizations for applied 
     research projects which propose to elevate the understanding 
     of methods to prevent, intervene, treat, or provide 
     rehabilitation and behavioral health aftercare for Indians 
     and Urban Indians affected by fetal alcohol spectrum 
     disorders.
       ``(e) Funding for Urban Indian Organizations.--Ten percent 
     of the funds appropriated pursuant to this section shall be 
     used to make grants to Urban Indian Organizations funded 
     under title V.

     ``SEC. 713. CHILD SEXUAL ABUSE PREVENTION AND TREATMENT 
                   PROGRAMS.

       ``(a) Establishment.--The Secretary, acting through the 
     Service, and the Secretary of the Interior, Indian Tribes, 
     and Tribal Organizations, shall establish, consistent with 
     section 701, in every Service Area, programs involving 
     treatment for--
       ``(1) victims of sexual abuse who are Indian children or 
     children in an Indian household; and
       ``(2) perpetrators of child sexual abuse who are Indian or 
     members of an Indian household.
       ``(b) Use of Funds.--Funding provided pursuant to this 
     section shall be used for the following:
       ``(1) To develop and provide community education and 
     prevention programs related to sexual abuse of Indian 
     children or children in an Indian household.
       ``(2) To identify and provide behavioral health treatment 
     to victims of sexual abuse who are Indian children or 
     children in an Indian household, and to their family members 
     who are affected by sexual abuse.
       ``(3) To develop prevention and intervention models which 
     incorporate traditional health care practices, cultural 
     values, and community involvement.
       ``(4) To develop and implement culturally sensitive 
     assessment and diagnostic tools for use in Indian communities 
     and Urban Centers.
       ``(5) To identify and provide behavioral health treatment 
     to Indian perpetrators and perpetrators who are members of an 
     Indian household--
       ``(A) making efforts to begin offender and behavioral 
     health treatment while the perpetrator is incarcerated or at 
     the earliest possible date if the perpetrator is not 
     incarcerated; and
       ``(B) providing treatment after the perpetrator is 
     released, until it is determined that the perpetrator is not 
     a threat to children.
       ``(c) Coordination.--The programs established under 
     subsection (a) shall be carried out in coordination with 
     programs and services authorized under the Indian Child 
     Protection and Family Violence Prevention Act (25 U.S.C. 3201 
     et seq.).

     ``SEC. 714. DOMESTIC AND SEXUAL VIOLENCE PREVENTION AND 
                   TREATMENT.

       ``(a) In General.--The Secretary, in accordance with 
     section 701, is authorized to establish in each Service Area 
     programs involving the prevention and treatment of--
       ``(1) Indian victims of domestic violence or sexual abuse; 
     and
       ``(2) perpetrators of domestic violence or sexual abuse who 
     are Indian or members of an Indian household.
       ``(b) Use of Funds.--Funds made available to carry out this 
     section shall be used--
       ``(1) to develop and implement prevention programs and 
     community education programs relating to domestic violence 
     and sexual abuse;
       ``(2) to provide behavioral health services, including 
     victim support services, and medical treatment (including 
     examinations performed by sexual assault nurse examiners) to 
     Indian victims of domestic violence or sexual abuse;
       ``(3) to purchase rape kits,
       ``(4) to develop prevention and intervention models, which 
     may incorporate traditional health care practices; and
       ``(5) to identify and provide behavioral health treatment 
     to perpetrators who are Indian or members of an Indian 
     household.
       ``(c) Training and Certification.--
       ``(1) In general.--Not later than 1 year after the date of 
     enactment of the Indian Health Care Improvement Act 
     Amendments of 2008, the Secretary shall establish appropriate 
     protocols, policies, procedures, standards of practice, and, 
     if not available elsewhere, training curricula and training 
     and certification requirements for services for victims of 
     domestic violence and sexual abuse.
       ``(2) Report.--Not later than 18 months after the date of 
     enactment of the Indian Health Care Improvement Act 
     Amendments of 2008, the Secretary shall submit to the 
     Committee on Indian Affairs of the Senate and the Committee 
     on Natural Resources of the House of Representatives a report 
     that describes the means and extent to which the Secretary 
     has carried out paragraph (1).
       ``(d) Coordination.--
       ``(1) In general.--The Secretary, in coordination with the 
     Attorney General, Federal and tribal law enforcement 
     agencies, Indian Health Programs, and domestic violence or 
     sexual assault victim organizations, shall develop 
     appropriate victim services and victim advocate training 
     programs--
       ``(A) to improve domestic violence or sexual abuse 
     responses;
       ``(B) to improve forensic examinations and collection;
       ``(C) to identify problems or obstacles in the prosecution 
     of domestic violence or sexual abuse; and
       ``(D) to meet other needs or carry out other activities 
     required to prevent, treat, and improve prosecutions of 
     domestic violence and sexual abuse.
       ``(2) Report.--Not later than 2 years after the date of 
     enactment of the Indian Health Care Improvement Act 
     Amendments of 2008, the Secretary shall submit to the 
     Committee on Indian Affairs of the Senate and the Committee 
     on Natural Resources of the House of Representatives a report 
     that describes, with respect to the matters described in 
     paragraph (1), the improvements made and needed, problems or 
     obstacles identified, and costs necessary to address the 
     problems or obstacles, and any other recommendations that the 
     Secretary determines to be appropriate.

[[Page 594]]



     ``SEC. 715. BEHAVIORAL HEALTH RESEARCH.

       ``The Secretary, in consultation with appropriate Federal 
     agencies, shall make grants to, or enter into contracts with, 
     Indian Tribes, Tribal Organizations, and Urban Indian 
     Organizations or enter into contracts with, or make grants to 
     appropriate institutions for, the conduct of research on the 
     incidence and prevalence of behavioral health problems among 
     Indians served by the Service, Indian Tribes, or Tribal 
     Organizations and among Indians in urban areas. Research 
     priorities under this section shall include--
       ``(1) the multifactorial causes of Indian youth suicide, 
     including--
       ``(A) protective and risk factors and scientific data that 
     identifies those factors; and
       ``(B) the effects of loss of cultural identity and the 
     development of scientific data on those effects;
       ``(2) the interrelationship and interdependence of 
     behavioral health problems with alcoholism and other 
     substance abuse, suicide, homicides, other injuries, and the 
     incidence of family violence; and
       ``(3) the development of models of prevention techniques.

     The effect of the interrelationships and interdependencies 
     referred to in paragraph (2) on children, and the development 
     of prevention techniques under paragraph (3) applicable to 
     children, shall be emphasized.

     ``SEC. 716. DEFINITIONS.

       ``For the purpose of this title, the following definitions 
     shall apply:
       ``(1) Assessment.--The term `assessment' means the 
     systematic collection, analysis, and dissemination of 
     information on health status, health needs, and health 
     problems.
       ``(2) Alcohol-related neurodevelopmental disorders or 
     arnd.--The term `alcohol-related neurodevelopmental 
     disorders' or `ARND' means any 1 of a spectrum of effects 
     that--
       ``(A) may occur when a woman drinks alcohol during 
     pregnancy; and
       ``(B) involves a central nervous system abnormality that 
     may be structural, neurological, or functional.
       ``(3) Behavioral health aftercare.--The term `behavioral 
     health aftercare' includes those activities and resources 
     used to support recovery following inpatient, residential, 
     intensive substance abuse, or mental health outpatient or 
     outpatient treatment. The purpose is to help prevent or deal 
     with relapse by ensuring that by the time a client or patient 
     is discharged from a level of care, such as outpatient 
     treatment, an aftercare plan has been developed with the 
     client. An aftercare plan may use such resources as a 
     community-based therapeutic group, transitional living 
     facilities, a 12-step sponsor, a local 12-step or other 
     related support group, and other community-based providers.
       ``(4) Dual diagnosis.--The term `dual diagnosis' means 
     coexisting substance abuse and mental illness conditions or 
     diagnosis. Such clients are sometimes referred to as mentally 
     ill chemical abusers (MICAs).
       ``(5) Fetal alcohol spectrum disorders.--
       ``(A) In general.--The term `fetal alcohol spectrum 
     disorders' includes a range of effects that can occur in an 
     individual whose mother drank alcohol during pregnancy, 
     including physical, mental, behavioral, and/or learning 
     disabilities with possible lifelong implications.
       ``(B) Inclusions.--The term `fetal alcohol spectrum 
     disorders' may include--
       ``(i) fetal alcohol syndrome (FAS);
       ``(ii) fetal alcohol effect (FAE);
       ``(iii) alcohol-related birth defects; and
       ``(iv) alcohol-related neurodevelopmental disorders (ARND).
       ``(6) Fetal alcohol syndrome or fas.--The term `fetal 
     alcohol syndrome' or `FAS' means any 1 of a spectrum of 
     effects that may occur when a woman drinks alcohol during 
     pregnancy, the diagnosis of which involves the confirmed 
     presence of the following 3 criteria:
       ``(A) Craniofacial abnormalities.
       ``(B) Growth deficits.
       ``(C) Central nervous system abnormalities.
       ``(7) Rehabilitation.--The term `rehabilitation' means to 
     restore the ability or capacity to engage in usual and 
     customary life activities through education and therapy.
       ``(8) Substance abuse.--The term `substance abuse' includes 
     inhalant abuse.

     ``SEC. 717. AUTHORIZATION OF APPROPRIATIONS.

       ``There is authorized to be appropriated such sums as may 
     be necessary for each fiscal year through fiscal year 2017 to 
     carry out the provisions of this title.

                      ``TITLE VIII--MISCELLANEOUS

     ``SEC. 801. REPORTS.

       ``For each fiscal year following the date of enactment of 
     the Indian Health Care Improvement Act Amendments of 2008, 
     the Secretary shall transmit to Congress a report containing 
     the following:
       ``(1) A report on the progress made in meeting the 
     objectives of this Act, including a review of programs 
     established or assisted pursuant to this Act and assessments 
     and recommendations of additional programs or additional 
     assistance necessary to, at a minimum, provide health 
     services to Indians and ensure a health status for Indians, 
     which are at a parity with the health services available to 
     and the health status of the general population.
       ``(2) A report on whether, and to what extent, new national 
     health care programs, benefits, initiatives, or financing 
     systems have had an impact on the purposes of this Act and 
     any steps that the Secretary may have taken to consult with 
     Indian Tribes, Tribal Organizations, and Urban Indian 
     Organizations to address such impact, including a report on 
     proposed changes in allocation of funding pursuant to section 
     808.
       ``(3) A report on the use of health services by Indians--
       ``(A) on a national and area or other relevant geographical 
     basis;
       ``(B) by gender and age;
       ``(C) by source of payment and type of service;
       ``(D) comparing such rates of use with rates of use among 
     comparable non-Indian populations; and
       ``(E) provided under contracts.
       ``(4) A report of contractors to the Secretary on Health 
     Care Educational Loan Repayments every 6 months required by 
     section 110.
       ``(5) A general audit report of the Secretary on the Health 
     Care Educational Loan Repayment Program as required by 
     section 110(n).
       ``(6) A report of the findings and conclusions of 
     demonstration programs on development of educational 
     curricula for substance abuse counseling as required in 
     section 125(f).
       ``(7) A separate statement which specifies the amount of 
     funds requested to carry out the provisions of section 201.
       ``(8) A report of the evaluations of health promotion and 
     disease prevention as required in section 203(c).
       ``(9) A biennial report to Congress on infectious diseases 
     as required by section 212.
       ``(10) A report on environmental and nuclear health hazards 
     as required by section 215.
       ``(11) An annual report on the status of all health care 
     facilities needs as required by section 301(c)(2)(B) and 
     301(d).
       ``(12) Reports on safe water and sanitary waste disposal 
     facilities as required by section 302(h).
       ``(13) An annual report on the expenditure of non-Service 
     funds for renovation as required by sections 304(b)(2).
       ``(14) A report identifying the backlog of maintenance and 
     repair required at Service and tribal facilities required by 
     section 313(a).
       ``(15) A report providing an accounting of reimbursement 
     funds made available to the Secretary under titles XVIII, 
     XIX, and XXI of the Social Security Act.
       ``(16) A report on any arrangements for the sharing of 
     medical facilities or services, as authorized by section 406.
       ``(17) A report on evaluation and renewal of Urban Indian 
     programs under section 505.
       ``(18) A report on the evaluation of programs as required 
     by section 513(d).
       ``(19) A report on alcohol and substance abuse as required 
     by section 701(f).
       ``(20) A report on Indian youth mental health services as 
     required by section 707(h).
       ``(21) A report on the reallocation of base resources if 
     required by section 808.

     ``SEC. 802. REGULATIONS.

       ``(a) Deadlines.--
       ``(1) Procedures.--Not later than 90 days after the date of 
     enactment of the Indian Health Care Improvement Act 
     Amendments of 2008, the Secretary shall initiate procedures 
     under subchapter III of chapter 5 of title 5, United States 
     Code, to negotiate and promulgate such regulations or 
     amendments thereto that are necessary to carry out titles II 
     (except section 202) and VII, the sections of title III for 
     which negotiated rulemaking is specifically required, and 
     section 807. Unless otherwise required, the Secretary may 
     promulgate regulations to carry out titles I, III, IV, and V, 
     and section 202, using the procedures required by chapter V 
     of title 5, United States Code (commonly known as the 
     `Administrative Procedure Act').
       ``(2) Proposed regulations.--Proposed regulations to 
     implement this Act shall be published in the Federal Register 
     by the Secretary no later than 2 years after the date of 
     enactment of the Indian Health Care Improvement Act 
     Amendments of 2008 and shall have no less than a 120-day 
     comment period.
       ``(3) Final regulations.--The Secretary shall publish in 
     the Federal Register final regulations to implement this Act 
     by not later than 3 years after the date of enactment of the 
     Indian Health Care Improvement Act Amendments of 2008.
       ``(b) Committee.--A negotiated rulemaking committee 
     established pursuant to section 565 of title 5, United States 
     Code, to carry out this section shall have as its members 
     only representatives of the Federal Government and 
     representatives of Indian Tribes, and Tribal Organizations, a 
     majority of whom shall be nominated by and be representatives 
     of Indian Tribes and Tribal Organizations from each Service 
     Area.
       ``(c) Adaptation of Procedures.--The Secretary shall adapt 
     the negotiated rulemaking procedures to the unique context of 
     self-governance and the government-to-government relationship 
     between the United States and Indian Tribes.
       ``(d) Lack of Regulations.--The lack of promulgated 
     regulations shall not limit the effect of this Act.
       ``(e) Inconsistent Regulations.--The provisions of this Act 
     shall supersede any conflicting provisions of law in effect 
     on the day

[[Page 595]]

     before the date of enactment of the Indian Health Care 
     Improvement Act Amendments of 2008, and the Secretary is 
     authorized to repeal any regulation inconsistent with the 
     provisions of this Act.

     ``SEC. 803. PLAN OF IMPLEMENTATION.

       ``Not later than 9 months after the date of enactment of 
     the Indian Health Care Improvement Act Amendments of 2008, 
     the Secretary, in consultation with Indian Tribes and Tribal 
     Organizations, and in conference with Urban Indian 
     Organizations, shall submit to Congress a plan explaining the 
     manner and schedule, by title and section, by which the 
     Secretary will implement the provisions of this Act. This 
     consultation may be conducted jointly with the annual budget 
     consultation pursuant to the Indian Self-Determination and 
     Education Assistance Act (25 U.S.C. 450 et seq).

     ``SEC. 804. AVAILABILITY OF FUNDS.

       ``The funds appropriated pursuant to this Act shall remain 
     available until expended.

     ``SEC. 805. LIMITATIONS.

       ``(a) Use of Funds.--Any limitation on the use of funds 
     contained in an Act providing appropriations for the 
     Department for a period with respect to the performance of 
     abortions shall apply for that period with respect to the 
     performance of abortions using funds contained in an Act 
     providing appropriations for the Service.
       ``(b) Traditional Health Care Practices.--Although the 
     Secretary may promote traditional health care practices, 
     consistent with the Service standards for the provision of 
     health care, health promotion, and disease prevention under 
     this Act, the United States is not liable for any provision 
     of traditional health care practices pursuant to this Act 
     that results in damage, injury, or death to a patient. 
     Nothing in this subsection shall be construed to alter any 
     liability or other obligation that the United States may 
     otherwise have under the Indian Self-Determination and 
     Education Assistance Act (25 U.S.C. 450 et seq.) or this Act.

     ``SEC. 806. ELIGIBILITY OF CALIFORNIA INDIANS.

       ``(a) In General.--The following California Indians shall 
     be eligible for health services provided by the Service:
       ``(1) Any member of a federally recognized Indian Tribe.
       ``(2) Any descendant of an Indian who was residing in 
     California on June 1, 1852, if such descendant--
       ``(A) is a member of the Indian community served by a local 
     program of the Service; and
       ``(B) is regarded as an Indian by the community in which 
     such descendant lives.
       ``(3) Any Indian who holds trust interests in public 
     domain, national forest, or reservation allotments in 
     California.
       ``(4) Any Indian in California who is listed on the plans 
     for distribution of the assets of rancherias and reservations 
     located within the State of California under the Act of 
     August 18, 1958 (72 Stat. 619), and any descendant of such an 
     Indian.
       ``(b) Clarification.--Nothing in this section may be 
     construed as expanding the eligibility of California Indians 
     for health services provided by the Service beyond the scope 
     of eligibility for such health services that applied on May 
     1, 1986.

     ``SEC. 807. HEALTH SERVICES FOR INELIGIBLE PERSONS.

       ``(a) Children.--Any individual who--
       ``(1) has not attained 19 years of age;
       ``(2) is the natural or adopted child, stepchild, foster 
     child, legal ward, or orphan of an eligible Indian; and
       ``(3) is not otherwise eligible for health services 
     provided by the Service,

     shall be eligible for all health services provided by the 
     Service on the same basis and subject to the same rules that 
     apply to eligible Indians until such individual attains 19 
     years of age. The existing and potential health needs of all 
     such individuals shall be taken into consideration by the 
     Service in determining the need for, or the allocation of, 
     the health resources of the Service. If such an individual 
     has been determined to be legally incompetent prior to 
     attaining 19 years of age, such individual shall remain 
     eligible for such services until 1 year after the date of a 
     determination of competency.
       ``(b) Spouses.--Any spouse of an eligible Indian who is not 
     an Indian, or who is of Indian descent but is not otherwise 
     eligible for the health services provided by the Service, 
     shall be eligible for such health services if all such 
     spouses or spouses who are married to members of each Indian 
     Tribe being served are made eligible, as a class, by an 
     appropriate resolution of the governing body of the Indian 
     Tribe or Tribal Organization providing such services. The 
     health needs of persons made eligible under this paragraph 
     shall not be taken into consideration by the Service in 
     determining the need for, or allocation of, its health 
     resources.
       ``(c) Provision of Services to Other Individuals.--
       ``(1) In general.--The Secretary is authorized to provide 
     health services under this subsection through health programs 
     operated directly by the Service to individuals who reside 
     within the Service Unit and who are not otherwise eligible 
     for such health services if--
       ``(A) the Indian Tribes served by such Service Unit request 
     such provision of health services to such individuals; and
       ``(B) the Secretary and the served Indian Tribes have 
     jointly determined that--
       ``(i) the provision of such health services will not result 
     in a denial or diminution of health services to eligible 
     Indians; and
       ``(ii) there is no reasonable alternative health facilities 
     or services, within or without the Service Unit, available to 
     meet the health needs of such individuals.
       ``(2) ISDEAA programs.--In the case of health programs and 
     facilities operated under a contract or compact entered into 
     under the Indian Self-Determination and Education Assistance 
     Act (25 U.S.C. 450 et seq.), the governing body of the Indian 
     Tribe or Tribal Organization providing health services under 
     such contract or compact is authorized to determine whether 
     health services should be provided under such contract to 
     individuals who are not eligible for such health services 
     under any other subsection of this section or under any other 
     provision of law. In making such determinations, the 
     governing body of the Indian Tribe or Tribal Organization 
     shall take into account the considerations described in 
     paragraph (1)(B).
       ``(3) Payment for services.--
       ``(A) In general.--Persons receiving health services 
     provided by the Service under this subsection shall be liable 
     for payment of such health services under a schedule of 
     charges prescribed by the Secretary which, in the judgment of 
     the Secretary, results in reimbursement in an amount not less 
     than the actual cost of providing the health services. 
     Notwithstanding section 404 of this Act or any other 
     provision of law, amounts collected under this subsection, 
     including Medicare, Medicaid, or SCHIP reimbursements under 
     titles XVIII, XIX, and XXI of the Social Security Act, shall 
     be credited to the account of the program providing the 
     service and shall be used for the purposes listed in section 
     401(d)(2) and amounts collected under this subsection shall 
     be available for expenditure within such program.
       ``(B) Indigent people.--Health services may be provided by 
     the Secretary through the Service under this subsection to an 
     indigent individual who would not be otherwise eligible for 
     such health services but for the provisions of paragraph (1) 
     only if an agreement has been entered into with a State or 
     local government under which the State or local government 
     agrees to reimburse the Service for the expenses incurred by 
     the Service in providing such health services to such 
     indigent individual.
       ``(4) Revocation of consent for services.--
       ``(A) Single tribe service area.--In the case of a Service 
     Area which serves only 1 Indian Tribe, the authority of the 
     Secretary to provide health services under paragraph (1) 
     shall terminate at the end of the fiscal year succeeding the 
     fiscal year in which the governing body of the Indian Tribe 
     revokes its concurrence to the provision of such health 
     services.
       ``(B) Multitribal service area.--In the case of a 
     multitribal Service Area, the authority of the Secretary to 
     provide health services under paragraph (1) shall terminate 
     at the end of the fiscal year succeeding the fiscal year in 
     which at least 51 percent of the number of Indian Tribes in 
     the Service Area revoke their concurrence to the provisions 
     of such health services.
       ``(d) Other Services.--The Service may provide health 
     services under this subsection to individuals who are not 
     eligible for health services provided by the Service under 
     any other provision of law in order to--
       ``(1) achieve stability in a medical emergency;
       ``(2) prevent the spread of a communicable disease or 
     otherwise deal with a public health hazard;
       ``(3) provide care to non-Indian women pregnant with an 
     eligible Indian's child for the duration of the pregnancy 
     through postpartum; or
       ``(4) provide care to immediate family members of an 
     eligible individual if such care is directly related to the 
     treatment of the eligible individual.
       ``(e) Hospital Privileges for Practitioners.--Hospital 
     privileges in health facilities operated and maintained by 
     the Service or operated under a contract or compact pursuant 
     to the Indian Self-Determination and Education Assistance Act 
     (25 U.S.C. 450 et seq.) may be extended to non-Service health 
     care practitioners who provide services to individuals 
     described in subsection (a), (b), (c), or (d). Such non-
     Service health care practitioners may, as part of the 
     privileging process, be designated as employees of the 
     Federal Government for purposes of section 1346(b) and 
     chapter 171 of title 28, United States Code (relating to 
     Federal tort claims) only with respect to acts or omissions 
     which occur in the course of providing services to eligible 
     individuals as a part of the conditions under which such 
     hospital privileges are extended.
       ``(f) Eligible Indian.--For purposes of this section, the 
     term `eligible Indian' means any Indian who is eligible for 
     health services provided by the Service without regard to the 
     provisions of this section.

     ``SEC. 808. REALLOCATION OF BASE RESOURCES.

       ``(a) Report Required.--Notwithstanding any other provision 
     of law, any allocation of Service funds for a fiscal year 
     that reduces by 5 percent or more from the previous fiscal 
     year the funding for any recurring program,

[[Page 596]]

     project, or activity of a Service Unit may be implemented 
     only after the Secretary has submitted to Congress, under 
     section 801, a report on the proposed change in allocation of 
     funding, including the reasons for the change and its likely 
     effects.
       ``(b) Exception.--Subsection (a) shall not apply if the 
     total amount appropriated to the Service for a fiscal year is 
     at least 5 percent less than the amount appropriated to the 
     Service for the previous fiscal year.

     ``SEC. 809. RESULTS OF DEMONSTRATION PROJECTS.

       ``The Secretary shall provide for the dissemination to 
     Indian Tribes, Tribal Organizations, and Urban Indian 
     Organizations of the findings and results of demonstration 
     projects conducted under this Act.

     ``SEC. 810. PROVISION OF SERVICES IN MONTANA.

       ``(a) Consistent With Court Decision.--The Secretary, 
     acting through the Service, shall provide services and 
     benefits for Indians in Montana in a manner consistent with 
     the decision of the United States Court of Appeals for the 
     Ninth Circuit in McNabb for McNabb v. Bowen, 829 F.2d 787 
     (9th Cir. 1987).
       ``(b) Clarification.--The provisions of subsection (a) 
     shall not be construed to be an expression of the sense of 
     Congress on the application of the decision described in 
     subsection (a) with respect to the provision of services or 
     benefits for Indians living in any State other than Montana.

     ``SEC. 811. TRIBAL EMPLOYMENT.

       ``For purposes of section 2(2) of the Act of July 5, 1935 
     (49 Stat. 450, chapter 372), an Indian Tribe or Tribal 
     Organization carrying out a contract or compact pursuant to 
     the Indian Self-Determination and Education Assistance Act 
     (25 U.S.C. 450 et seq.) shall not be considered an 
     `employer'.

     ``SEC. 812. SEVERABILITY PROVISIONS.

       ``If any provision of this Act, any amendment made by the 
     Act, or the application of such provision or amendment to any 
     person or circumstances is held to be invalid, the remainder 
     of this Act, the remaining amendments made by this Act, and 
     the application of such provisions to persons or 
     circumstances other than those to which it is held invalid, 
     shall not be affected thereby.

     ``SEC. 813. ESTABLISHMENT OF NATIONAL BIPARTISAN COMMISSION 
                   ON INDIAN HEALTH CARE.

       ``(a) Establishment.--There is established the National 
     Bipartisan Indian Health Care Commission (the `Commission').
       ``(b) Duties of Commission.--The duties of the Commission 
     are the following:
       ``(1) To establish a study committee composed of those 
     members of the Commission appointed by the Director and at 
     least 4 members of Congress from among the members of the 
     Commission, the duties of which shall be the following:
       ``(A) To the extent necessary to carry out its duties, 
     collect and compile data necessary to understand the extent 
     of Indian needs with regard to the provision of health 
     services, regardless of the location of Indians, including 
     holding hearings and soliciting the views of Indians, Indian 
     Tribes, Tribal Organizations, and Urban Indian Organizations, 
     which may include authorizing and making funds available for 
     feasibility studies of various models for providing and 
     funding health services for all Indian beneficiaries, 
     including those who live outside of a reservation, 
     temporarily or permanently.
       ``(B) To make legislative recommendations to the Commission 
     regarding the delivery of Federal health care services to 
     Indians. Such recommendations shall include those related to 
     issues of eligibility, benefits, the range of service 
     providers, the cost of such services, financing such 
     services, and the optimal manner in which to provide such 
     services.
       ``(C) To determine the effect of the enactment of such 
     recommendations on (i) the existing system of delivery of 
     health services for Indians, and (ii) the sovereign status of 
     Indian Tribes.
       ``(D) Not later than 12 months after the appointment of all 
     members of the Commission, to submit a written report of its 
     findings and recommendations to the full Commission. The 
     report shall include a statement of the minority and majority 
     position of the Committee and shall be disseminated, at a 
     minimum, to every Indian Tribe, Tribal Organization, and 
     Urban Indian Organization for comment to the Commission.
       ``(E) To report regularly to the full Commission regarding 
     the findings and recommendations developed by the study 
     committee in the course of carrying out its duties under this 
     section.
       ``(2) To review and analyze the recommendations of the 
     report of the study committee.
       ``(3) To make legislative recommendations to Congress 
     regarding the delivery of Federal health care services to 
     Indians. Such recommendations shall include those related to 
     issues of eligibility, benefits, the range of service 
     providers, the cost of such services, financing such 
     services, and the optimal manner in which to provide such 
     services.
       ``(4) Not later than 18 months following the date of 
     appointment of all members of the Commission, submit a 
     written report to Congress regarding the delivery of Federal 
     health care services to Indians. Such recommendations shall 
     include those related to issues of eligibility, benefits, the 
     range of service providers, the cost of such services, 
     financing such services, and the optimal manner in which to 
     provide such services.
       ``(c) Members.--
       ``(1) Appointment.--The Commission shall be composed of 25 
     members, appointed as follows:
       ``(A) Ten members of Congress, including 3 from the House 
     of Representatives and 2 from the Senate, appointed by their 
     respective majority leaders, and 3 from the House of 
     Representatives and 2 from the Senate, appointed by their 
     respective minority leaders, and who shall be members of the 
     standing committees of Congress that consider legislation 
     affecting health care to Indians.
       ``(B) Twelve persons chosen by the congressional members of 
     the Commission, 1 from each Service Area as currently 
     designated by the Director to be chosen from among 3 nominees 
     from each Service Area put forward by the Indian Tribes 
     within the area, with due regard being given to the 
     experience and expertise of the nominees in the provision of 
     health care to Indians and to a reasonable representation on 
     the commission of members who are familiar with various 
     health care delivery modes and who represent Indian Tribes of 
     various size populations.
       ``(C) Three persons appointed by the Director who are 
     knowledgeable about the provision of health care to Indians, 
     at least 1 of whom shall be appointed from among 3 nominees 
     put forward by those programs whose funds are provided in 
     whole or in part by the Service primarily or exclusively for 
     the benefit of Urban Indians.
       ``(D) All those persons chosen by the congressional members 
     of the Commission and by the Director shall be members of 
     federally recognized Indian Tribes.
       ``(2) Chair; vice chair.--The Chair and Vice Chair of the 
     Commission shall be selected by the congressional members of 
     the Commission.
       ``(3) Terms.--The terms of members of the Commission shall 
     be for the life of the Commission.
       ``(4) Deadline for appointments.--Congressional members of 
     the Commission shall be appointed not later than 180 days 
     after the date of enactment of the Indian Health Care 
     Improvement Act Amendments of 2008, and the remaining members 
     of the Commission shall be appointed not later than 60 days 
     following the appointment of the congressional members.
       ``(5) Vacancy.--A vacancy in the Commission shall be filled 
     in the manner in which the original appointment was made.
       ``(d) Compensation.--
       ``(1) Congressional members.--Each congressional member of 
     the Commission shall receive no additional pay, allowances, 
     or benefits by reason of their service on the Commission and 
     shall receive travel expenses and per diem in lieu of 
     subsistence in accordance with sections 5702 and 5703 of 
     title 5, United States Code.
       ``(2) Other members.--Remaining members of the Commission, 
     while serving on the business of the Commission (including 
     travel time), shall be entitled to receive compensation at 
     the per diem equivalent of the rate provided for level IV of 
     the Executive Schedule under section 5315 of title 5, United 
     States Code, and while so serving away from home and the 
     member's regular place of business, a member may be allowed 
     travel expenses, as authorized by the Chairman of the 
     Commission. For purpose of pay (other than pay of members of 
     the Commission) and employment benefits, rights, and 
     privileges, all personnel of the Commission shall be treated 
     as if they were employees of the United States Senate.
       ``(e) Meetings.--The Commission shall meet at the call of 
     the Chair.
       ``(f) Quorum.--A quorum of the Commission shall consist of 
     not less than 15 members, provided that no less than 6 of the 
     members of Congress who are Commission members are present 
     and no less than 9 of the members who are Indians are 
     present.
       ``(g) Executive Director; Staff; Facilities.--
       ``(1) Appointment; pay.--The Commission shall appoint an 
     executive director of the Commission. The executive director 
     shall be paid the rate of basic pay for level V of the 
     Executive Schedule.
       ``(2) Staff appointment.--With the approval of the 
     Commission, the executive director may appoint such personnel 
     as the executive director deems appropriate.
       ``(3) Staff pay.--The staff of the Commission shall be 
     appointed without regard to the provisions of title 5, United 
     States Code, governing appointments in the competitive 
     service, and shall be paid without regard to the provisions 
     of chapter 51 and subchapter III of chapter 53 of such title 
     (relating to classification and General Schedule pay rates).
       ``(4) Temporary services.--With the approval of the 
     Commission, the executive director may procure temporary and 
     intermittent services under section 3109(b) of title 5, 
     United States Code.
       ``(5) Facilities.--The Administrator of General Services 
     shall locate suitable office space for the operation of the 
     Commission. The facilities shall serve as the headquarters of 
     the Commission and shall include all necessary equipment and 
     incidentals required for the proper functioning of the 
     Commission.

[[Page 597]]

       ``(h) Hearings.--(1) For the purpose of carrying out its 
     duties, the Commission may hold such hearings and undertake 
     such other activities as the Commission determines to be 
     necessary to carry out its duties, provided that at least 6 
     regional hearings are held in different areas of the United 
     States in which large numbers of Indians are present. Such 
     hearings are to be held to solicit the views of Indians 
     regarding the delivery of health care services to them. To 
     constitute a hearing under this subsection, at least 5 
     members of the Commission, including at least 1 member of 
     Congress, must be present. Hearings held by the study 
     committee established in this section may count toward the 
     number of regional hearings required by this subsection.
       ``(2)(A) The Director of the Congressional Budget Office or 
     the Chief Actuary of the Centers for Medicare & Medicaid 
     Services, or both, shall provide to the Commission, upon the 
     request of the Commission, such cost estimates as the 
     Commission determines to be necessary to carry out its 
     duties.
       ``(B) The Commission shall reimburse the Director of the 
     Congressional Budget Office for expenses relating to the 
     employment in the office of that Director of such additional 
     staff as may be necessary for the Director to comply with 
     requests by the Commission under subparagraph (A).
       ``(3) Upon the request of the Commission, the head of any 
     Federal agency is authorized to detail, without 
     reimbursement, any of the personnel of such agency to the 
     Commission to assist the Commission in carrying out its 
     duties. Any such detail shall not interrupt or otherwise 
     affect the civil service status or privileges of the Federal 
     employee.
       ``(4) Upon the request of the Commission, the head of a 
     Federal agency shall provide such technical assistance to the 
     Commission as the Commission determines to be necessary to 
     carry out its duties.
       ``(5) The Commission may use the United States mails in the 
     same manner and under the same conditions as Federal agencies 
     and shall, for purposes of the frank, be considered a 
     commission of Congress as described in section 3215 of title 
     39, United States Code.
       ``(6) The Commission may secure directly from any Federal 
     agency information necessary to enable it to carry out its 
     duties, if the information may be disclosed under section 552 
     of title 4, United States Code. Upon request of the Chairman 
     of the Commission, the head of such agency shall furnish such 
     information to the Commission.
       ``(7) Upon the request of the Commission, the Administrator 
     of General Services shall provide to the Commission on a 
     reimbursable basis such administrative support services as 
     the Commission may request.
       ``(8) For purposes of costs relating to printing and 
     binding, including the cost of personnel detailed from the 
     Government Printing Office, the Commission shall be deemed to 
     be a committee of Congress.
       ``(i) Authorization of Appropriations.--There is authorized 
     to be appropriated $4,000,000 to carry out the provisions of 
     this section, which sum shall not be deducted from or affect 
     any other appropriation for health care for Indian persons.
       ``(j) Nonapplicability of FACA.--The Federal Advisory 
     Committee Act (5 U.S.C. App.) shall not apply to the 
     Commission.

     ``SEC. 814. CONFIDENTIALITY OF MEDICAL QUALITY ASSURANCE 
                   RECORDS; QUALIFIED IMMUNITY FOR PARTICIPANTS.

       ``(a) Confidentiality of Records.--Medical quality 
     assurance records created by or for any Indian Health Program 
     or a health program of an Urban Indian Organization as part 
     of a medical quality assurance program are confidential and 
     privileged. Such records may not be disclosed to any person 
     or entity, except as provided in subsection (c).
       ``(b) Prohibition on Disclosure and Testimony.--
       ``(1) In general.--No part of any medical quality assurance 
     record described in subsection (a) may be subject to 
     discovery or admitted into evidence in any judicial or 
     administrative proceeding, except as provided in subsection 
     (c).
       ``(2) Testimony.--A person who reviews or creates medical 
     quality assurance records for any Indian Health Program or 
     Urban Indian Organization who participates in any proceeding 
     that reviews or creates such records may not be permitted or 
     required to testify in any judicial or administrative 
     proceeding with respect to such records or with respect to 
     any finding, recommendation, evaluation, opinion, or action 
     taken by such person or body in connection with such records 
     except as provided in this section.
       ``(c) Authorized Disclosure and Testimony.--
       ``(1) In general.--Subject to paragraph (2), a medical 
     quality assurance record described in subsection (a) may be 
     disclosed, and a person referred to in subsection (b) may 
     give testimony in connection with such a record, only as 
     follows:
       ``(A) To a Federal executive agency or private 
     organization, if such medical quality assurance record or 
     testimony is needed by such agency or organization to perform 
     licensing or accreditation functions related to any Indian 
     Health Program or to a health program of an Urban Indian 
     Organization to perform monitoring, required by law, of such 
     program or organization.
       ``(B) To an administrative or judicial proceeding commenced 
     by a present or former Indian Health Program or Urban Indian 
     Organization provider concerning the termination, suspension, 
     or limitation of clinical privileges of such health care 
     provider.
       ``(C) To a governmental board or agency or to a 
     professional health care society or organization, if such 
     medical quality assurance record or testimony is needed by 
     such board, agency, society, or organization to perform 
     licensing, credentialing, or the monitoring of professional 
     standards with respect to any health care provider who is or 
     was an employee of any Indian Health Program or Urban Indian 
     Organization.
       ``(D) To a hospital, medical center, or other institution 
     that provides health care services, if such medical quality 
     assurance record or testimony is needed by such institution 
     to assess the professional qualifications of any health care 
     provider who is or was an employee of any Indian Health 
     Program or Urban Indian Organization and who has applied for 
     or been granted authority or employment to provide health 
     care services in or on behalf of such program or 
     organization.
       ``(E) To an officer, employee, or contractor of the Indian 
     Health Program or Urban Indian Organization that created the 
     records or for which the records were created. If that 
     officer, employee, or contractor has a need for such record 
     or testimony to perform official duties.
       ``(F) To a criminal or civil law enforcement agency or 
     instrumentality charged under applicable law with the 
     protection of the public health or safety, if a qualified 
     representative of such agency or instrumentality makes a 
     written request that such record or testimony be provided for 
     a purpose authorized by law.
       ``(G) In an administrative or judicial proceeding commenced 
     by a criminal or civil law enforcement agency or 
     instrumentality referred to in subparagraph (F), but only 
     with respect to the subject of such proceeding.
       ``(2) Identity of participants.--With the exception of the 
     subject of a quality assurance action, the identity of any 
     person receiving health care services from any Indian Health 
     Program or Urban Indian Organization or the identity of any 
     other person associated with such program or organization for 
     purposes of a medical quality assurance program that is 
     disclosed in a medical quality assurance record described in 
     subsection (a) shall be deleted from that record or document 
     before any disclosure of such record is made outside such 
     program or organization.
       ``(d) Disclosure for Certain Purposes.--
       ``(1) In general.--Nothing in this section shall be 
     construed as authorizing or requiring the withholding from 
     any person or entity aggregate statistical information 
     regarding the results of any Indian Health Program's or Urban 
     Indian Organization's medical quality assurance programs.
       ``(2) Withholding from congress.--Nothing in this section 
     shall be construed as authority to withhold any medical 
     quality assurance record from a committee of either House of 
     Congress, any joint committee of Congress, or the Government 
     Accountability Office if such record pertains to any matter 
     within their respective jurisdictions.
       ``(e) Prohibition on Disclosure of Record or Testimony.--A 
     person or entity having possession of or access to a record 
     or testimony described by this section may not disclose the 
     contents of such record or testimony in any manner or for any 
     purpose except as provided in this section.
       ``(f) Exemption From Freedom of Information Act.--Medical 
     quality assurance records described in subsection (a) may not 
     be made available to any person under section 552 of title 5.
       ``(g) Limitation on Civil Liability.--A person who 
     participates in or provides information to a person or body 
     that reviews or creates medical quality assurance records 
     described in subsection (a) shall not be civilly liable for 
     such participation or for providing such information if the 
     participation or provision of information was in good faith 
     based on prevailing professional standards at the time the 
     medical quality assurance program activity took place.
       ``(h) Application to Information in Certain Other 
     Records.--Nothing in this section shall be construed as 
     limiting access to the information in a record created and 
     maintained outside a medical quality assurance program, 
     including a patient's medical records, on the grounds that 
     the information was presented during meetings of a review 
     body that are part of a medical quality assurance program.
       ``(i) Regulations.--The Secretary, acting through the 
     Service, is authorized to promulgate regulations pursuant to 
     section 802.
       ``(j) Definitions.--In this section:
       ``(1) The term `health care provider' means any health care 
     professional, including community health aides and 
     practitioners certified under section 121, who are granted 
     clinical practice privileges or employed to provide health 
     care services in an Indian Health Program or health program 
     of an Urban Indian Organization, who is licensed or certified 
     to perform health care services by a governmental board or 
     agency or professional health care society or organization.
       ``(2) The term `medical quality assurance program' means 
     any activity carried out before, on, or after the date of 
     enactment of

[[Page 598]]

     this Act by or for any Indian Health Program or Urban Indian 
     Organization to assess the quality of medical care, including 
     activities conducted by or on behalf of individuals, Indian 
     Health Program or Urban Indian Organization medical or dental 
     treatment review committees, or other review bodies 
     responsible for review of adverse incidents, claims, quality 
     assurance, credentials, infection control, patient safety, 
     patient care assessment (including treatment procedures, 
     blood, drugs, and therapeutics), medical records, health 
     resources management review and identification and prevention 
     of medical or dental incidents and risks.
       ``(3) The term `medical quality assurance record' means the 
     proceedings, records, minutes, and reports that emanate from 
     quality assurance program activities described in paragraph 
     (2) and are produced or compiled by or for an Indian Health 
     Program or Urban Indian Organization as part of a medical 
     quality assurance program.
       ``(k) Relationship to Other Law.--This section shall 
     continue in force and effect, except as otherwise 
     specifically provided in any Federal law enacted after the 
     date of enactment of the Indian Health Care Improvement Act 
     Amendments of 2008.

     ``SEC. 815. APPROPRIATIONS; AVAILABILITY.

       ``Any new spending authority (described in subparagraph (A) 
     or (B) of section 401(c)(2) of the Congressional Budget Act 
     of 1974 (Public Law 93-344; 88 Stat. 317)) which is provided 
     under this Act shall be effective for any fiscal year only to 
     such extent or in such amounts as are provided in 
     appropriation Acts.

     ``SEC. 816. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated such sums as may 
     be necessary for each fiscal year through fiscal year 2017 to 
     carry out this title.''.

     SEC. 102. SOBOBA SANITATION FACILITIES.

       The Act of December 17, 1970 (84 Stat. 1465), is amended by 
     adding at the end the following:
       ``Sec. 9.  Nothing in this Act shall preclude the Soboba 
     Band of Mission Indians and the Soboba Indian Reservation 
     from being provided with sanitation facilities and services 
     under the authority of section 7 of the Act of August 5, 1954 
     (68 Stat. 674), as amended by the Act of July 31, 1959 (73 
     Stat. 267).''.

     SEC. 103. NATIVE AMERICAN HEALTH AND WELLNESS FOUNDATION.

       (a) In General.--The Indian Self-Determination and 
     Education Assistance Act (25 U.S.C. 450 et seq.) is amended 
     by adding at the end the following:

      ``TITLE VIII--NATIVE AMERICAN HEALTH AND WELLNESS FOUNDATION

     ``SEC. 801. DEFINITIONS.

       ``In this title:
       ``(1) Board.--The term `Board' means the Board of Directors 
     of the Foundation.
       ``(2) Committee.--The term `Committee' means the Committee 
     for the Establishment of Native American Health and Wellness 
     Foundation established under section 802(f).
       ``(3) Foundation.--The term `Foundation' means the Native 
     American Health and Wellness Foundation established under 
     section 802.
       ``(4) Secretary.--The term `Secretary' means the Secretary 
     of Health and Human Services.
       ``(5) Service.--The term `Service' means the Indian Health 
     Service of the Department of Health and Human Services.

     ``SEC. 802. NATIVE AMERICAN HEALTH AND WELLNESS FOUNDATION.

       ``(a) Establishment.--
       ``(1) In general.--As soon as practicable after the date of 
     enactment of this title, the Secretary shall establish, under 
     the laws of the District of Columbia and in accordance with 
     this title, the Native American Health and Wellness 
     Foundation.
       ``(2) Funding determinations.--No funds, gift, property, or 
     other item of value (including any interest accrued on such 
     an item) acquired by the Foundation shall--
       ``(A) be taken into consideration for purposes of 
     determining Federal appropriations relating to the provision 
     of health care and services to Indians; or
       ``(B) otherwise limit, diminish, or affect the Federal 
     responsibility for the provision of health care and services 
     to Indians.
       ``(b) Perpetual Existence.--The Foundation shall have 
     perpetual existence.
       ``(c) Nature of Corporation.--The Foundation--
       ``(1) shall be a charitable and nonprofit federally 
     chartered corporation; and
       ``(2) shall not be an agency or instrumentality of the 
     United States.
       ``(d) Place of Incorporation and Domicile.--The Foundation 
     shall be incorporated and domiciled in the District of 
     Columbia.
       ``(e) Duties.--The Foundation shall--
       ``(1) encourage, accept, and administer private gifts of 
     real and personal property, and any income from or interest 
     in such gifts, for the benefit of, or in support of, the 
     mission of the Service;
       ``(2) undertake and conduct such other activities as will 
     further the health and wellness activities and opportunities 
     of Native Americans; and
       ``(3) participate with and assist Federal, State, and 
     tribal governments, agencies, entities, and individuals in 
     undertaking and conducting activities that will further the 
     health and wellness activities and opportunities of Native 
     Americans.
       ``(f) Committee for the Establishment of Native American 
     Health and Wellness Foundation.--
       ``(1) In general.--The Secretary shall establish the 
     Committee for the Establishment of Native American Health and 
     Wellness Foundation to assist the Secretary in establishing 
     the Foundation.
       ``(2) Duties.--Not later than 180 days after the date of 
     enactment of this section, the Committee shall--
       ``(A) carry out such activities as are necessary to 
     incorporate the Foundation under the laws of the District of 
     Columbia, including acting as incorporators of the 
     Foundation;
       ``(B) ensure that the Foundation qualifies for and 
     maintains the status required to carry out this section, 
     until the Board is established;
       ``(C) establish the constitution and initial bylaws of the 
     Foundation;
       ``(D) provide for the initial operation of the Foundation, 
     including providing for temporary or interim quarters, 
     equipment, and staff; and
       ``(E) appoint the initial members of the Board in 
     accordance with the constitution and initial bylaws of the 
     Foundation.
       ``(g) Board of Directors.--
       ``(1) In general.--The Board of Directors shall be the 
     governing body of the Foundation.
       ``(2) Powers.--The Board may exercise, or provide for the 
     exercise of, the powers of the Foundation.
       ``(3) Selection.--
       ``(A) In general.--Subject to subparagraph (B), the number 
     of members of the Board, the manner of selection of the 
     members (including the filling of vacancies), and the terms 
     of office of the members shall be as provided in the 
     constitution and bylaws of the Foundation.
       ``(B) Requirements.--
       ``(i) Number of members.--The Board shall have at least 11 
     members, who shall have staggered terms.
       ``(ii) Initial voting members.--The initial voting members 
     of the Board--

       ``(I) shall be appointed by the Committee not later than 
     180 days after the date on which the Foundation is 
     established; and
       ``(II) shall have staggered terms.

       ``(iii) Qualification.--The members of the Board shall be 
     United States citizens who are knowledgeable or experienced 
     in Native American health care and related matters.
       ``(C) Compensation.--A member of the Board shall not 
     receive compensation for service as a member, but shall be 
     reimbursed for actual and necessary travel and subsistence 
     expenses incurred in the performance of the duties of the 
     Foundation.
       ``(h) Officers.--
       ``(1) In general.--The officers of the Foundation shall 
     be--
       ``(A) a secretary, elected from among the members of the 
     Board; and
       ``(B) any other officers provided for in the constitution 
     and bylaws of the Foundation.
       ``(2) Chief operating officer.--The secretary of the 
     Foundation may serve, at the direction of the Board, as the 
     chief operating officer of the Foundation, or the Board may 
     appoint a chief operating officer, who shall serve at the 
     direction of the Board.
       ``(3) Election.--The manner of election, term of office, 
     and duties of the officers of the Foundation shall be as 
     provided in the constitution and bylaws of the Foundation.
       ``(i) Powers.--The Foundation--
       ``(1) shall adopt a constitution and bylaws for the 
     management of the property of the Foundation and the 
     regulation of the affairs of the Foundation;
       ``(2) may adopt and alter a corporate seal;
       ``(3) may enter into contracts;
       ``(4) may acquire (through a gift or otherwise), own, 
     lease, encumber, and transfer real or personal property as 
     necessary or convenient to carry out the purposes of the 
     Foundation;
       ``(5) may sue and be sued; and
       ``(6) may perform any other act necessary and proper to 
     carry out the purposes of the Foundation.
       ``(j) Principal Office.--
       ``(1) In general.--The principal office of the Foundation 
     shall be in the District of Columbia.
       ``(2) Activities; offices.--The activities of the 
     Foundation may be conducted, and offices may be maintained, 
     throughout the United States in accordance with the 
     constitution and bylaws of the Foundation.
       ``(k) Service of Process.--The Foundation shall comply with 
     the law on service of process of each State in which the 
     Foundation is incorporated and of each State in which the 
     Foundation carries on activities.
       ``(l) Liability of Officers, Employees, and Agents.--
       ``(1) In general.--The Foundation shall be liable for the 
     acts of the officers, employees, and agents of the Foundation 
     acting within the scope of their authority.
       ``(2) Personal liability.--A member of the Board shall be 
     personally liable only for gross negligence in the 
     performance of the duties of the member.
       ``(m) Restrictions.--
       ``(1) Limitation on spending.--Beginning with the fiscal 
     year following the first full

[[Page 599]]

     fiscal year during which the Foundation is in operation, the 
     administrative costs of the Foundation shall not exceed the 
     percentage described in paragraph (2) of the sum of--
       ``(A) the amounts transferred to the Foundation under 
     subsection (o) during the preceding fiscal year; and
       ``(B) donations received from private sources during the 
     preceding fiscal year.
       ``(2) Percentages.--The percentages referred to in 
     paragraph (1) are--
       ``(A) for the first fiscal year described in that 
     paragraph, 20 percent;
       ``(B) for the following fiscal year, 15 percent; and
       ``(C) for each fiscal year thereafter, 10 percent.
       ``(3) Appointment and hiring.--The appointment of officers 
     and employees of the Foundation shall be subject to the 
     availability of funds.
       ``(4) Status.--A member of the Board or officer, employee, 
     or agent of the Foundation shall not by reason of association 
     with the Foundation be considered to be an officer, employee, 
     or agent of the United States.
       ``(n) Audits.--The Foundation shall comply with section 
     10101 of title 36, United States Code, as if the Foundation 
     were a corporation under part B of subtitle II of that title.
       ``(o) Funding.--
       ``(1) Authorization of appropriations.--There is authorized 
     to be appropriated to carry out subsection (e)(1) $500,000 
     for each fiscal year, as adjusted to reflect changes in the 
     Consumer Price Index for all-urban consumers published by the 
     Department of Labor.
       ``(2) Transfer of donated funds.--The Secretary shall 
     transfer to the Foundation funds held by the Department of 
     Health and Human Services under the Act of August 5, 1954 (42 
     U.S.C. 2001 et seq.), if the transfer or use of the funds is 
     not prohibited by any term under which the funds were 
     donated.

     ``SEC. 803. ADMINISTRATIVE SERVICES AND SUPPORT.

       ``(a) Provision of Support by Secretary.--Subject to 
     subsection (b), during the 5-year period beginning on the 
     date on which the Foundation is established, the Secretary--
       ``(1) may provide personnel, facilities, and other 
     administrative support services to the Foundation;
       ``(2) may provide funds for initial operating costs and to 
     reimburse the travel expenses of the members of the Board; 
     and
       ``(3) shall require and accept reimbursements from the 
     Foundation for--
       ``(A) services provided under paragraph (1); and
       ``(B) funds provided under paragraph (2).
       ``(b) Reimbursement.--Reimbursements accepted under 
     subsection (a)(3)--
       ``(1) shall be deposited in the Treasury of the United 
     States to the credit of the applicable appropriations 
     account; and
       ``(2) shall be chargeable for the cost of providing 
     services described in subsection (a)(1) and travel expenses 
     described in subsection (a)(2).
       ``(c) Continuation of Certain Services.--The Secretary may 
     continue to provide facilities and necessary support services 
     to the Foundation after the termination of the 5-year period 
     specified in subsection (a) if the facilities and services--
       ``(1) are available; and
       ``(2) are provided on reimbursable cost basis.''.
       (b) Technical Amendments.--The Indian Self-Determination 
     and Education Assistance Act is amended--
       (1) by redesignating title V (25 U.S.C. 458bbb et seq.) as 
     title VII;
       (2) by redesignating sections 501, 502, and 503 (25 U.S.C. 
     458bbb, 458bbb-1, 458bbb-2) as sections 701, 702, and 703, 
     respectively; and
       (3) in subsection (a)(2) of section 702 and paragraph (2) 
     of section 703 (as redesignated by paragraph (2)), by 
     striking ``section 501'' and inserting ``section 701''.

 TITLE II--IMPROVEMENT OF INDIAN HEALTH CARE PROVIDED UNDER THE SOCIAL 
                              SECURITY ACT

     SEC. 201. EXPANSION OF PAYMENTS UNDER MEDICARE, MEDICAID, AND 
                   SCHIP FOR ALL COVERED SERVICES FURNISHED BY 
                   INDIAN HEALTH PROGRAMS.

       (a) Medicaid.--
       (1) Expansion to all covered services.--Section 1911 of the 
     Social Security Act (42 U.S.C. 1396j) is amended--
       (A) by amending the heading to read as follows:

     ``SEC. 1911. INDIAN HEALTH PROGRAMS.'';

     and
       (B) by amending subsection (a) to read as follows:
       ``(a) Eligibility for Payment for Medical Assistance.--The 
     Indian Health Service and an Indian Tribe, Tribal 
     Organization, or an Urban Indian Organization shall be 
     eligible for payment for medical assistance provided under a 
     State plan or under waiver authority with respect to items 
     and services furnished by the Indian Health Service, Indian 
     Tribe, Tribal Organization, or Urban Indian Organization if 
     the furnishing of such services meets all the conditions and 
     requirements which are applicable generally to the furnishing 
     of items and services under this title and under such plan or 
     waiver authority.''.
       (2) Compliance with conditions and requirements.--
     Subsection (b) of such section is amended to read as follows:
       ``(b) Compliance With Conditions and Requirements.--A 
     facility of the Indian Health Service or an Indian Tribe, 
     Tribal Organization, or an Urban Indian Organization which is 
     eligible for payment under subsection (a) with respect to the 
     furnishing of items and services, but which does not meet all 
     of the conditions and requirements of this title and under a 
     State plan or waiver authority which are applicable generally 
     to such facility, shall make such improvements as are 
     necessary to achieve or maintain compliance with such 
     conditions and requirements in accordance with a plan 
     submitted to and accepted by the Secretary for achieving or 
     maintaining compliance with such conditions and requirements, 
     and shall be deemed to meet such conditions and requirements 
     (and to be eligible for payment under this title), without 
     regard to the extent of its actual compliance with such 
     conditions and requirements, during the first 12 months after 
     the month in which such plan is submitted.''.
       (3) Revision of authority to enter into agreements.--
     Subsection (c) of such section is amended to read as follows:
       ``(c) Authority To Enter Into Agreements.--The Secretary 
     may enter into an agreement with a State for the purpose of 
     reimbursing the State for medical assistance provided by the 
     Indian Health Service, an Indian Tribe, Tribal Organization, 
     or an Urban Indian Organization (as so defined), directly, 
     through referral, or under contracts or other arrangements 
     between the Indian Health Service, an Indian Tribe, Tribal 
     Organization, or an Urban Indian Organization and another 
     health care provider to Indians who are eligible for medical 
     assistance under the State plan or under waiver authority.''.
       (4) Cross-references to special fund for improvement of ihs 
     facilities; direct billing option; definitions.--Such section 
     is further amended by striking subsection (d) and adding at 
     the end the following new subsections:
       ``(d) Special Fund for Improvement of IHS Facilities.--For 
     provisions relating to the authority of the Secretary to 
     place payments to which a facility of the Indian Health 
     Service is eligible for payment under this title into a 
     special fund established under section 401(c)(1) of the 
     Indian Health Care Improvement Act, and the requirement to 
     use amounts paid from such fund for making improvements in 
     accordance with subsection (b), see subparagraphs (A) and (B) 
     of section 401(c)(1) of such Act.
       ``(e) Direct Billing.--For provisions relating to the 
     authority of a Tribal Health Program or an Urban Indian 
     Organization to elect to directly bill for, and receive 
     payment for, health care items and services provided by such 
     Program or Organization for which payment is made under this 
     title, see section 401(d) of the Indian Health Care 
     Improvement Act.
       ``(f) Definitions.--In this section, the terms `Indian 
     Health Program', `Indian Tribe',`Tribal Health Program', 
     `Tribal Organization', and `Urban Indian Organization' have 
     the meanings given those terms in section 4 of the Indian 
     Health Care Improvement Act.''.
       (b) Medicare.--
       (1) Expansion to all covered services.--Section 1880 of 
     such Act (42 U.S.C. 1395qq) is amended--
       (A) by amending the heading to read as follows:

     ``SEC. 1880. INDIAN HEALTH PROGRAMS.'';

     and
       (B) by amending subsection (a) to read as follows:
       ``(a) Eligibility for Payments.--Subject to subsection (e), 
     the Indian Health Service and an Indian Tribe, Tribal 
     Organization, or an Urban Indian Organization shall be 
     eligible for payments under this title with respect to items 
     and services furnished by the Indian Health Service, Indian 
     Tribe, Tribal Organization, or Urban Indian Organization if 
     the furnishing of such services meets all the conditions and 
     requirements which are applicable generally to the furnishing 
     of items and services under this title.''.
       (2) Compliance with conditions and requirements.--
     Subsection (b) of such section is amended to read as follows:
       ``(b) Compliance With Conditions and Requirements.--Subject 
     to subsection (e), a facility of the Indian Health Service or 
     an Indian Tribe, Tribal Organization, or an Urban Indian 
     Organization which is eligible for payment under subsection 
     (a) with respect to the furnishing of items and services, but 
     which does not meet all of the conditions and requirements of 
     this title which are applicable generally to such facility, 
     shall make such improvements as are necessary to achieve or 
     maintain compliance with such conditions and requirements in 
     accordance with a plan submitted to and accepted by the 
     Secretary for achieving or maintaining compliance with such 
     conditions and requirements, and shall be deemed to meet such 
     conditions and requirements (and to be eligible for payment 
     under this title), without regard to the extent of its actual 
     compliance with such conditions and requirements, during the 
     first 12 months after the month in which such plan is 
     submitted.''.
       (3) Cross-references to special fund for improvement of ihs 
     facilities; direct billing option; definitions.--

[[Page 600]]

       (A) In general.--Such section is further amended by 
     striking subsections (c) and (d) and inserting the following 
     new subsections:
       ``(c) Special Fund for Improvement of IHS Facilities.--For 
     provisions relating to the authority of the Secretary to 
     place payments to which a facility of the Indian Health 
     Service is eligible for payment under this title into a 
     special fund established under section 401(c)(1) of the 
     Indian Health Care Improvement Act, and the requirement to 
     use amounts paid from such fund for making improvements in 
     accordance with subsection (b), see subparagraphs (A) and (B) 
     of section 401(c)(1) of such Act.
       ``(d) Direct Billing.--For provisions relating to the 
     authority of a Tribal Health Program or an Urban Indian 
     Organization to elect to directly bill for, and receive 
     payment for, health care items and services provided by such 
     Program or Organization for which payment is made under this 
     title, see section 401(d) of the Indian Health Care 
     Improvement Act.''.
       (B) Conforming amendment.--Paragraph (3) of section 1880(e) 
     of such Act (42 U.S.C. 1395qq(e)) is amended by inserting 
     ``and section 401(c)(1) of the Indian Health Care Improvement 
     Act'' after ``Subsection (c)''.
       (4) Definitions.--Such section is further amended by 
     amending subsection (f) to read as follows:
       ``(f) Definitions.--In this section, the terms `Indian 
     Health Program', `Indian Tribe', `Service Unit', `Tribal 
     Health Program', `Tribal Organization', and `Urban Indian 
     Organization' have the meanings given those terms in section 
     4 of the Indian Health Care Improvement Act.''.
       (c) Application to SCHIP.--Section 2107(e)(1) of the Social 
     Security Act (42 U.S.C. 1397gg(e)(1)) is amended--
       (1) by redesignating subparagraph (D) as subparagraph (E); 
     and
       (2) by inserting after subparagraph (C), the following new 
     subparagraph:
       ``(D) Section 1911 (relating to Indian Health Programs, 
     other than subsection (d) of such section).''.

     SEC. 202. INCREASED OUTREACH TO INDIANS UNDER MEDICAID AND 
                   SCHIP AND IMPROVED COOPERATION IN THE PROVISION 
                   OF ITEMS AND SERVICES TO INDIANS UNDER SOCIAL 
                   SECURITY ACT HEALTH BENEFIT PROGRAMS.

       Section 1139 of the Social Security Act (42 U.S.C. 1320b-9) 
     is amended to read as follows:

     ``SEC. 1139. IMPROVED ACCESS TO, AND DELIVERY OF, HEALTH CARE 
                   FOR INDIANS UNDER TITLES XVIII, XIX, AND XXI.

       ``(a) Agreements With States for Medicaid and SCHIP 
     Outreach on or Near Reservations To Increase the Enrollment 
     of Indians in Those Programs.--
       ``(1) In general.--In order to improve the access of 
     Indians residing on or near a reservation to obtain benefits 
     under the Medicaid and State children's health insurance 
     programs established under titles XIX and XXI, the Secretary 
     shall encourage the State to take steps to provide for 
     enrollment on or near the reservation. Such steps may include 
     outreach efforts such as the outstationing of eligibility 
     workers, entering into agreements with the Indian Health 
     Service, Indian Tribes, Tribal Organizations, and Urban 
     Indian Organizations to provide outreach, education regarding 
     eligibility and benefits, enrollment, and translation 
     services when such services are appropriate.
       ``(2) Construction.--Nothing in subparagraph (A) shall be 
     construed as affecting arrangements entered into between 
     States and the Indian Health Service, Indian Tribes, Tribal 
     Organizations, or Urban Indian Organizations for such 
     Service, Tribes, or Organizations to conduct administrative 
     activities under such titles.
       ``(b) Requirement To Facilitate Cooperation.--The 
     Secretary, acting through the Centers for Medicare & Medicaid 
     Services, shall take such steps as are necessary to 
     facilitate cooperation with, and agreements between, States 
     and the Indian Health Service, Indian Tribes, Tribal 
     Organizations, or Urban Indian Organizations with respect to 
     the provision of health care items and services to Indians 
     under the programs established under title XVIII, XIX, or 
     XXI.
       ``(c) Definition of Indian; Indian Tribe; Indian Health 
     Program; Tribal Organization; Urban Indian Organization.--In 
     this section, the terms `Indian', `Indian Tribe', `Indian 
     Health Program', `Tribal Organization', and `Urban Indian 
     Organization' have the meanings given those terms in section 
     4 of the Indian Health Care Improvement Act.''.

     SEC. 203. ADDITIONAL PROVISIONS TO INCREASE OUTREACH TO, AND 
                   ENROLLMENT OF, INDIANS IN SCHIP AND MEDICAID.

       (a) Nonapplication of 10 Percent Limit on Outreach and 
     Certain Other Expenditures.--Section 2105(c)(2) of the Social 
     Security Act (42 U.S.C. 1397ee(c)(2)) is amended by adding at 
     the end the following new subparagraph:
       ``(C) Nonapplication to expenditures for outreach to 
     increase the enrollment of indian children under this title 
     and title xix.--The limitation under subparagraph (A) on 
     expenditures for items described in subsection (a)(1)(D) 
     shall not apply in the case of expenditures for outreach 
     activities to families of Indian children likely to be 
     eligible for child health assistance under the plan or 
     medical assistance under the State plan under title XIX (or 
     under a waiver of such plan), to inform such families of the 
     availability of, and to assist them in enrolling their 
     children in, such plans, including such activities conducted 
     under grants, contracts, or agreements entered into under 
     section 1139(a).''.
       (b) Assurance of Payments to Indian Health Care Providers 
     for Child Health Assistance.--Section 2102(b)(3)(D) of such 
     Act (42 U.S.C. 1397bb(b)(3)(D)) is amended by striking ``(as 
     defined in section 4(c) of the Indian Health Care Improvement 
     Act, 25 U.S.C. 1603(c))'' and inserting ``, including how the 
     State will ensure that payments are made to Indian Health 
     Programs and Urban Indian Organizations operating in the 
     State for the provision of such assistance''.
       (c) Inclusion of Other Indian Financed Health Care Programs 
     in Exemption From Prohibition on Certain Payments.--Section 
     2105(c)(6)(B) of such Act (42 U.S.C. 1397ee(c)(6)(B)) is 
     amended by striking ``insurance program, other than an 
     insurance program operated or financed by the Indian Health 
     Service'' and inserting ``program, other than a health care 
     program operated or financed by the Indian Health Service or 
     by an Indian Tribe, Tribal Organization, or Urban Indian 
     Organization''.
       (d) Satisfaction of Medicaid Documentation Requirements.--
       (1) In general.--Section 1903(x)(3)(B) of the Social 
     Security Act (42 U.S.C. 1396b(x)(3)(B)) is amended--
       (A) by redesignating clause (v) as clause (vi); and
       (B) by inserting after clause (iv), the following new 
     clause:
       ``(v)(I) Except as provided in subclause (II), a document 
     issued by a federally-recognized Indian tribe evidencing 
     membership or enrollment in, or affiliation with, such tribe 
     (such as a tribal enrollment card or certificate of degree of 
     Indian blood).
       ``(II) With respect to those federally-recognized Indian 
     tribes located within States having an international border 
     whose membership includes individuals who are not citizens of 
     the United States, the Secretary shall, after consulting with 
     such tribes, issue regulations authorizing the presentation 
     of such other forms of documentation (including tribal 
     documentation, if appropriate) that the Secretary determines 
     to be satisfactory documentary evidence of citizenship or 
     nationality for purposes of satisfying the requirement of 
     this subsection.''.
       (2) Transition rule.--During the period that begins on July 
     1, 2006, and ends on the effective date of final regulations 
     issued under subclause (II) of section 1903(x)(3)(B)(v) of 
     the Social Security Act (42 U.S.C. 1396b(x)(3)(B)(v)) (as 
     added by paragraph (1)), an individual who is a member of a 
     federally-recognized Indian tribe described in subclause (II) 
     of that section who presents a document described in 
     subclause (I) of such section that is issued by such Indian 
     tribe, shall be deemed to have presented satisfactory 
     evidence of citizenship or nationality for purposes of 
     satisfying the requirement of subsection (x) of section 1903 
     of such Act.
       (e) Definitions.--Section 2110(c) of such Act (42 U.S.C. 
     1397jj(c)) is amended by adding at the end the following new 
     paragraph:
       ``(9) Indian; indian health program; indian tribe; etc.--
     The terms `Indian', `Indian Health Program', `Indian Tribe', 
     `Tribal Organization', and `Urban Indian Organization' have 
     the meanings given those terms in section 4 of the Indian 
     Health Care Improvement Act.''.
       (f) Effective Date.--This section and the amendments made 
     by this section take effect on October 1, 2009.

     SEC. 204. PREMIUMS AND COST SHARING PROTECTIONS UNDER 
                   MEDICAID, ELIGIBILITY DETERMINATIONS UNDER 
                   MEDICAID AND SCHIP, AND PROTECTION OF CERTAIN 
                   INDIAN PROPERTY FROM MEDICAID ESTATE RECOVERY.

       (a) Premiums and Cost Sharing Protection Under Medicaid.--
       (1) In general.--Section 1916 of the Social Security Act 
     (42 U.S.C. 1396o) is amended--
       (A) in subsection (a), in the matter preceding paragraph 
     (1), by striking ``and (i)'' and inserting ``, (i), and 
     (j)''; and
       (B) by adding at the end the following new subsection:
       ``(j) No Premiums or Cost Sharing for Indians Furnished 
     Items or Services Directly by Indian Health Programs or 
     Through Referral Under the Contract Health Service.--
       ``(1) No cost sharing for items or services furnished to 
     indians through indian health programs.--
       ``(A) In general.--No enrollment fee, premium, or similar 
     charge, and no deduction, copayment, cost sharing, or similar 
     charge shall be imposed against an Indian who is furnished an 
     item or service directly by the Indian Health Service, an 
     Indian Tribe, Tribal Organization, or Urban Indian 
     Organization or through referral under the contract health 
     service for which payment may be made under this title.
       ``(B) No reduction in amount of payment to indian health 
     providers.--Payment due under this title to the Indian Health 
     Service, an Indian Tribe, Tribal Organization, or Urban 
     Indian Organization, or a health care provider through 
     referral under the contract

[[Page 601]]

     health service for the furnishing of an item or service to an 
     Indian who is eligible for assistance under such title, may 
     not be reduced by the amount of any enrollment fee, premium, 
     or similar charge, or any deduction, copayment, cost sharing, 
     or similar charge that would be due from the Indian but for 
     the operation of subparagraph (A).
       ``(2) Rule of construction.--Nothing in this subsection 
     shall be construed as restricting the application of any 
     other limitations on the imposition of premiums or cost 
     sharing that may apply to an individual receiving medical 
     assistance under this title who is an Indian.
       ``(3) Definitions.--In this subsection, the terms `contract 
     health service', `Indian', `Indian Tribe', `Tribal 
     Organization', and `Urban Indian Organization' have the 
     meanings given those terms in section 4 of the Indian Health 
     Care Improvement Act.''.
       (2) Conforming amendment.--Section 1916A (a)(1) of such Act 
     (42 U.S.C. 1396o-1(a)(1)) is amended by striking ``section 
     1916(g)'' and inserting ``subsections (g), (i), or (j) of 
     section 1916''.
       (3) Effective date.--The amendments made by this subsection 
     take effect on October 1, 2009.
       (b) Treatment of Certain Property for Medicaid and SCHIP 
     Eligibility.--
       (1) Medicaid.--Section 1902(e) of the Social Security Act 
     (42 U.S.C. 1396a) is amended by adding at the end the 
     following new paragraph:
       ``(13) Notwithstanding any other requirement of this title 
     or any other provision of Federal or State law, a State shall 
     disregard the following property for purposes of determining 
     the eligibility of an individual who is an Indian (as defined 
     in section 4 of the Indian Health Care Improvement Act) for 
     medical assistance under this title:
       ``(A) Property, including real property and improvements, 
     that is held in trust, subject to Federal restrictions, or 
     otherwise under the supervision of the Secretary of the 
     Interior, located on a reservation, including any federally 
     recognized Indian Tribe's reservation, pueblo, or colony, 
     including former reservations in Oklahoma, Alaska Native 
     regions established by the Alaska Native Claims Settlement 
     Act, and Indian allotments on or near a reservation as 
     designated and approved by the Bureau of Indian Affairs of 
     the Department of the Interior.
       ``(B) For any federally recognized Tribe not described in 
     subparagraph (A), property located within the most recent 
     boundaries of a prior Federal reservation.
       ``(C) Ownership interests in rents, leases, royalties, or 
     usage rights related to natural resources (including 
     extraction of natural resources or harvesting of timber, 
     other plants and plant products, animals, fish, and 
     shellfish) resulting from the exercise of federally protected 
     rights.
       ``(D) Ownership interests in or usage rights to items not 
     covered by subparagraphs (A) through (C) that have unique 
     religious, spiritual, traditional, or cultural significance 
     or rights that support subsistence or a traditional lifestyle 
     according to applicable tribal law or custom.''.
       (2) Application to schip.--Section 2107(e)(1) of such Act 
     (42 U.S.C. 1397gg(e)(1)) is amended--
       (A) by redesignating subparagraphs (B) through (E), as 
     subparagraphs (C) through (F), respectively; and
       (B) by inserting after subparagraph (A), the following new 
     subparagraph:
       ``(B) Section 1902(e)(13) (relating to disregard of certain 
     property for purposes of making eligibility 
     determinations).''.
       (c) Continuation of Current Law Protections of Certain 
     Indian Property From Medicaid Estate Recovery.--Section 
     1917(b)(3) of the Social Security Act (42 U.S.C. 1396p(b)(3)) 
     is amended--
       (1) by inserting ``(A)'' after ``(3)''; and
       (2) by adding at the end the following new subparagraph:
       ``(B) The standards specified by the Secretary under 
     subparagraph (A) shall require that the procedures 
     established by the State agency under subparagraph (A) exempt 
     income, resources, and property that are exempt from the 
     application of this subsection as of April 1, 2003, under 
     manual instructions issued to carry out this subsection (as 
     in effect on such date) because of the Federal responsibility 
     for Indian Tribes and Alaska Native Villages. Nothing in this 
     subparagraph shall be construed as preventing the Secretary 
     from providing additional estate recovery exemptions under 
     this title for Indians.''.

     SEC. 205. NONDISCRIMINATION IN QUALIFICATIONS FOR PAYMENT FOR 
                   SERVICES UNDER FEDERAL HEALTH CARE PROGRAMS.

       Section 1139 of the Social Security Act (42 U.S.C. 1320b-
     9), as amended by section 202, is amended by redesignating 
     subsection (c) as subsection (d), and inserting after 
     subsection (b) the following new subsection:
       ``(c) Nondiscrimination in Qualifications for Payment for 
     Services Under Federal Health Care Programs.--
       ``(1) Requirement to satisfy generally applicable 
     participation requirements.--
       ``(A) In general.--A Federal health care program must 
     accept an entity that is operated by the Indian Health 
     Service, an Indian Tribe, Tribal Organization, or Urban 
     Indian Organization as a provider eligible to receive payment 
     under the program for health care services furnished to an 
     Indian on the same basis as any other provider qualified to 
     participate as a provider of health care services under the 
     program if the entity meets generally applicable State or 
     other requirements for participation as a provider of health 
     care services under the program.
       ``(B) Satisfaction of state or local licensure or 
     recognition requirements.--Any requirement for participation 
     as a provider of health care services under a Federal health 
     care program that an entity be licensed or recognized under 
     the State or local law where the entity is located to furnish 
     health care services shall be deemed to have been met in the 
     case of an entity operated by the Indian Health Service, an 
     Indian Tribe, Tribal Organization, or Urban Indian 
     Organization if the entity meets all the applicable standards 
     for such licensure or recognition, regardless of whether the 
     entity obtains a license or other documentation under such 
     State or local law. In accordance with section 221 of the 
     Indian Health Care Improvement Act, the absence of the 
     licensure of a health care professional employed by such an 
     entity under the State or local law where the entity is 
     located shall not be taken into account for purposes of 
     determining whether the entity meets such standards, if the 
     professional is licensed in another State.
       ``(2) Prohibition on federal payments to entities or 
     individuals excluded from participation in federal health 
     care programs or whose state licenses are under suspension or 
     have been revoked.--
       ``(A) Excluded entities.--No entity operated by the Indian 
     Health Service, an Indian Tribe, Tribal Organization, or 
     Urban Indian Organization that has been excluded from 
     participation in any Federal health care program or for which 
     a license is under suspension or has been revoked by the 
     State where the entity is located shall be eligible to 
     receive payment under any such program for health care 
     services furnished to an Indian.
       ``(B) Excluded individuals.--No individual who has been 
     excluded from participation in any Federal health care 
     program or whose State license is under suspension or has 
     been revoked shall be eligible to receive payment under any 
     such program for health care services furnished by that 
     individual, directly or through an entity that is otherwise 
     eligible to receive payment for health care services, to an 
     Indian.
       ``(C) Federal health care program defined.--In this 
     subsection, the term, `Federal health care program' has the 
     meaning given that term in section 1128B(f), except that, for 
     purposes of this subsection, such term shall include the 
     health insurance program under chapter 89 of title 5, United 
     States Code.''.

     SEC. 206. CONSULTATION ON MEDICAID, SCHIP, AND OTHER HEALTH 
                   CARE PROGRAMS FUNDED UNDER THE SOCIAL SECURITY 
                   ACT INVOLVING INDIAN HEALTH PROGRAMS AND URBAN 
                   INDIAN ORGANIZATIONS.

       (a) In General.--Section 1139 of the Social Security Act 
     (42 U.S.C. 1320b-9), as amended by sections 202 and 205, is 
     amended by redesignating subsection (d) as subsection (e), 
     and inserting after subsection (c) the following new 
     subsection:
       ``(d) Consultation With Tribal Technical Advisory Group 
     (TTAG).--The Secretary shall maintain within the Centers for 
     Medicaid & Medicare Services (CMS) a Tribal Technical 
     Advisory Group, established in accordance with requirements 
     of the charter dated September 30, 2003, and in such group 
     shall include a representative of the Urban Indian 
     Organizations and the Service. The representative of the 
     Urban Indian Organization shall be deemed to be an elected 
     officer of a tribal government for purposes of applying 
     section 204(b) of the Unfunded Mandates Reform Act of 1995 (2 
     U.S.C. 1534(b)).''.
       (b) Solicitation of Advice Under Medicaid and SCHIP.--
       (1) Medicaid state plan amendment.--Section 1902(a) of the 
     Social Security Act (42 U.S.C. 1396a(a)) is amended--
       (A) in paragraph (69), by striking ``and'' at the end;
       (B) in paragraph (70)(B)(iv), by striking the period at the 
     end and inserting ``; and''; and
       (C) by inserting after paragraph (70)(B)(iv), the following 
     new paragraph:
       ``(71) in the case of any State in which the Indian Health 
     Service operates or funds health care programs, or in which 1 
     or more Indian Health Programs or Urban Indian Organizations 
     (as such terms are defined in section 4 of the Indian Health 
     Care Improvement Act) provide health care in the State for 
     which medical assistance is available under such title, 
     provide for a process under which the State seeks advice on a 
     regular, ongoing basis from designees of such Indian Health 
     Programs and Urban Indian Organizations on matters relating 
     to the application of this title that are likely to have a 
     direct effect on such Indian Health Programs and Urban Indian 
     Organizations and that--
       ``(A) shall include solicitation of advice prior to 
     submission of any plan amendments, waiver requests, and 
     proposals for demonstration projects likely to have a direct 
     effect on Indians, Indian Health Programs, or Urban Indian 
     Organizations; and
       ``(B) may include appointment of an advisory committee and 
     of a designee of such Indian Health Programs and Urban Indian 
     Organizations to the medical care advisory

[[Page 602]]

     committee advising the State on its State plan under this 
     title.''.
       (2) Application to schip.--Section 2107(e)(1) of such Act 
     (42 U.S.C. 1397gg(e)(1)), as amended by section 204(b)(2), is 
     amended--
       (A) by redesignating subparagraphs (B) through (F) as 
     subparagraphs (C) through (G), respectively; and
       (B) by inserting after subparagraph (A), the following new 
     subparagraph:
       ``(B) Section 1902(a)(71) (relating to the option of 
     certain States to seek advice from designees of Indian Health 
     Programs and Urban Indian Organizations).''.
       (c) Rule of Construction.--Nothing in the amendments made 
     by this section shall be construed as superseding existing 
     advisory committees, working groups, guidance, or other 
     advisory procedures established by the Secretary of Health 
     and Human Services or by any State with respect to the 
     provision of health care to Indians.
       (d) Effective Date.--This section and the amendments made 
     by this section take effect on October 1, 2009.

     SEC. 207. EXCLUSION WAIVER AUTHORITY FOR AFFECTED INDIAN 
                   HEALTH PROGRAMS AND SAFE HARBOR TRANSACTIONS 
                   UNDER THE SOCIAL SECURITY ACT.

       (a) Exclusion Waiver Authority.--Section 1128 of the Social 
     Security Act (42 U.S.C. 1320a-7) is amended by adding at the 
     end the following new subsection:
       ``(k) Additional Exclusion Waiver Authority for Affected 
     Indian Health Programs.--In addition to the authority granted 
     the Secretary under subsections (c)(3)(B) and (d)(3)(B) to 
     waive an exclusion under subsection (a)(1), (a)(3), (a)(4), 
     or (b), the Secretary may, in the case of an Indian Health 
     Program, waive such an exclusion upon the request of the 
     administrator of an affected Indian Health Program (as 
     defined in section 4 of the Indian Health Care Improvement 
     Act) who determines that the exclusion would impose a 
     hardship on individuals entitled to benefits under or 
     enrolled in a Federal health care program.''.
       (b) Certain Transactions Involving Indian Health Care 
     Programs Deemed To Be in Safe Harbors.--Section 1128B(b) of 
     the Social Security Act (42 U.S.C. 1320a-7b(b)) is amended by 
     adding at the end the following new paragraph:
       ``(4) Subject to such conditions as the Secretary may 
     promulgate from time to time as necessary to prevent fraud 
     and abuse, for purposes of paragraphs (1) and (2) and section 
     1128A(a), the following transfers shall not be treated as 
     remuneration:
       ``(A) Transfers between indian health programs, indian 
     tribes, tribal organizations, and urban indian 
     organizations.--Transfers of anything of value between or 
     among an Indian Health Program, Indian Tribe, Tribal 
     Organization, or Urban Indian Organization, that are made for 
     the purpose of providing necessary health care items and 
     services to any patient served by such Program, Tribe, or 
     Organization and that consist of--
       ``(i) services in connection with the collection, 
     transport, analysis, or interpretation of diagnostic 
     specimens or test data;
       ``(ii) inventory or supplies;
       ``(iii) staff; or
       ``(iv) a waiver of all or part of premiums or cost sharing.
       ``(B) Transfers between indian health programs, indian 
     tribes, tribal organizations, or urban indian organizations 
     and patients.--Transfers of anything of value between an 
     Indian Health Program, Indian Tribe, Tribal Organization, or 
     Urban Indian Organization and any patient served or eligible 
     for service from an Indian Health Program, Indian Tribe, 
     Tribal Organization, or Urban Indian Organization, including 
     any patient served or eligible for service pursuant to 
     section 807 of the Indian Health Care Improvement Act, but 
     only if such transfers--
       ``(i) consist of expenditures related to providing 
     transportation for the patient for the provision of necessary 
     health care items or services, provided that the provision of 
     such transportation is not advertised, nor an incentive of 
     which the value is disproportionately large in relationship 
     to the value of the health care item or service (with respect 
     to the value of the item or service itself or, for 
     preventative items or services, the future health care costs 
     reasonably expected to be avoided);
       ``(ii) consist of expenditures related to providing housing 
     to the patient (including a pregnant patient) and immediate 
     family members or an escort necessary to assuring the timely 
     provision of health care items and services to the patient, 
     provided that the provision of such housing is not advertised 
     nor an incentive of which the value is disproportionately 
     large in relationship to the value of the health care item or 
     service (with respect to the value of the item or service 
     itself or, for preventative items or services, the future 
     health care costs reasonably expected to be avoided); or
       ``(iii) are for the purpose of paying premiums or cost 
     sharing on behalf of such a patient, provided that the making 
     of such payment is not subject to conditions other than 
     conditions agreed to under a contract for the delivery of 
     contract health services.
       ``(C) Contract health services.--A transfer of anything of 
     value negotiated as part of a contract entered into between 
     an Indian Health Program, Indian Tribe, Tribal Organization, 
     Urban Indian Organization, or the Indian Health Service and a 
     contract care provider for the delivery of contract health 
     services authorized by the Indian Health Service, provided 
     that--
       ``(i) such a transfer is not tied to volume or value of 
     referrals or other business generated by the parties; and
       ``(ii) any such transfer is limited to the fair market 
     value of the health care items or services provided or, in 
     the case of a transfer of items or services related to 
     preventative care, the value of the future health care costs 
     reasonably expected to be avoided.
       ``(D) Other transfers.--Any other transfer of anything of 
     value involving an Indian Health Program, Indian Tribe, 
     Tribal Organization, or Urban Indian Organization, or a 
     patient served or eligible for service from an Indian Health 
     Program, Indian Tribe, Tribal Organization, or Urban Indian 
     Organization, that the Secretary, in consultation with the 
     Attorney General, determines is appropriate, taking into 
     account the special circumstances of such Indian Health 
     Programs, Indian Tribes, Tribal Organizations, and Urban 
     Indian Organizations, and of patients served by such 
     Programs, Tribes, and Organizations.''.

     SEC. 208. RULES APPLICABLE UNDER MEDICAID AND SCHIP TO 
                   MANAGED CARE ENTITIES WITH RESPECT TO INDIAN 
                   ENROLLEES AND INDIAN HEALTH CARE PROVIDERS AND 
                   INDIAN MANAGED CARE ENTITIES.

       (a) In General.--Section 1932 of the Social Security Act 
     (42 U.S.C. 1396u-2) is amended by adding at the end the 
     following new subsection:
       ``(h) Special Rules With Respect to Indian Enrollees, 
     Indian Health Care Providers, and Indian Managed Care 
     Entities.--
       ``(1) Enrollee option to select an indian health care 
     provider as primary care provider.--In the case of a non-
     Indian Medicaid managed care entity that--
       ``(A) has an Indian enrolled with the entity; and
       ``(B) has an Indian health care provider that is 
     participating as a primary care provider within the network 
     of the entity,
     insofar as the Indian is otherwise eligible to receive 
     services from such Indian health care provider and the Indian 
     health care provider has the capacity to provide primary care 
     services to such Indian, the contract with the entity under 
     section 1903(m) or under section 1905(t)(3) shall require, as 
     a condition of receiving payment under such contract, that 
     the Indian shall be allowed to choose such Indian health care 
     provider as the Indian's primary care provider under the 
     entity.
       ``(2) Assurance of payment to indian health care providers 
     for provision of covered services.--Each contract with a 
     managed care entity under section 1903(m) or under section 
     1905(t)(3) shall require any such entity that has a 
     significant percentage of Indian enrollees (as determined by 
     the Secretary), as a condition of receiving payment under 
     such contract to satisfy the following requirements:
       ``(A) Demonstration of participating indian health care 
     providers or application of alternative payment 
     arrangements.--Subject to subparagraph (E), to--
       ``(i) demonstrate that the number of Indian health care 
     providers that are participating providers with respect to 
     such entity are sufficient to ensure timely access to covered 
     Medicaid managed care services for those enrollees who are 
     eligible to receive services from such providers; or
       ``(ii) agree to pay Indian health care providers who are 
     not participating providers with the entity for covered 
     Medicaid managed care services provided to those enrollees 
     who are eligible to receive services from such providers at a 
     rate equal to the rate negotiated between such entity and the 
     provider involved or, if such a rate has not been negotiated, 
     at a rate that is not less than the level and amount of 
     payment which the entity would make for the services if the 
     services were furnished by a participating provider which is 
     not an Indian health care provider.
       ``(B) Prompt payment.--To agree to make prompt payment (in 
     accordance with rules applicable to managed care entities) to 
     Indian health care providers that are participating providers 
     with respect to such entity or, in the case of an entity to 
     which subparagraph (A)(ii) or (E) applies, that the entity is 
     required to pay in accordance with that subparagraph.
       ``(C) Satisfaction of claim requirement.--To deem any 
     requirement for the submission of a claim or other 
     documentation for services covered under subparagraph (A) by 
     the enrollee to be satisfied through the submission of a 
     claim or other documentation by an Indian health care 
     provider that is consistent with section 403(h) of the Indian 
     Health Care Improvement Act.
       ``(D) Compliance with generally applicable requirements.--
       ``(i) In general.--Subject to clause (ii), as a condition 
     of payment under subparagraph (A), an Indian health care 
     provider shall comply with the generally applicable 
     requirements of this title, the State plan, and such entity 
     with respect to covered Medicaid managed care services 
     provided by the Indian health care provider to the same 
     extent

[[Page 603]]

     that non-Indian providers participating with the entity must 
     comply with such requirements.
       ``(ii) Limitations on compliance with managed care entity 
     generally applicable requirements.--An Indian health care 
     provider--

       ``(I) shall not be required to comply with a generally 
     applicable requirement of a managed care entity described in 
     clause (i) as a condition of payment under subparagraph (A) 
     if such compliance would conflict with any other statutory or 
     regulatory requirements applicable to the Indian health care 
     provider; and
       ``(II) shall only need to comply with those generally 
     applicable requirements of a managed care entity described in 
     clause (i) as a condition of payment under subparagraph (A) 
     that are necessary for the entity's compliance with the State 
     plan, such as those related to care management, quality 
     assurance, and utilization management.

       ``(E) Application of special payment requirements for 
     federally-qualified health centers and encounter rate for 
     services provided by certain indian health care providers.--
       ``(i) Federally-qualified health centers.--

       ``(I) Managed care entity payment requirement.--To agree to 
     pay any Indian health care provider that is a Federally-
     qualified health center but not a participating provider with 
     respect to the entity, for the provision of covered Medicaid 
     managed care services by such provider to an Indian enrollee 
     of the entity at a rate equal to the amount of payment that 
     the entity would pay a Federally-qualified health center that 
     is a participating provider with respect to the entity but is 
     not an Indian health care provider for such services.
       ``(II) Continued application of state requirement to make 
     supplemental payment.--Nothing in subclause (I) or 
     subparagraph (A) or (B) shall be construed as waiving the 
     application of section 1902(bb)(5) regarding the State plan 
     requirement to make any supplemental payment due under such 
     section to a Federally-qualified health center for services 
     furnished by such center to an enrollee of a managed care 
     entity (regardless of whether the Federally-qualified health 
     center is or is not a participating provider with the 
     entity).

       ``(ii) Continued application of encounter rate for services 
     provided by certain indian health care providers.--If the 
     amount paid by a managed care entity to an Indian health care 
     provider that is not a Federally-qualified health center and 
     that has elected to receive payment under this title as an 
     Indian Health Service provider under the July 11, 1996, 
     Memorandum of Agreement between the Health Care Financing 
     Administration (now the Centers for Medicare & Medicaid 
     Services) and the Indian Health Service for services provided 
     by such provider to an Indian enrollee with the managed care 
     entity is less than the encounter rate that applies to the 
     provision of such services under such memorandum, the State 
     plan shall provide for payment to the Indian health care 
     provider of the difference between the applicable encounter 
     rate under such memorandum and the amount paid by the managed 
     care entity to the provider for such services.
       ``(F) Construction.--Nothing in this paragraph shall be 
     construed as waiving the application of section 
     1902(a)(30)(A) (relating to application of standards to 
     assure that payments are consistent with efficiency, economy, 
     and quality of care).
       ``(3) Offering of managed care through indian medicaid 
     managed care entities.--If--
       ``(A) a State elects to provide services through Medicaid 
     managed care entities under its Medicaid managed care 
     program; and
       ``(B) an Indian health care provider that is funded in 
     whole or in part by the Indian Health Service, or a 
     consortium composed of 1 or more Tribes, Tribal 
     Organizations, or Urban Indian Organizations, and which also 
     may include the Indian Health Service, has established an 
     Indian Medicaid managed care entity in the State that meets 
     generally applicable standards required of such an entity 
     under such Medicaid managed care program,

     the State shall offer to enter into an agreement with the 
     entity to serve as a Medicaid managed care entity with 
     respect to eligible Indians served by such entity under such 
     program.
       ``(4) Special rules for indian managed care entities.--The 
     following are special rules regarding the application of a 
     Medicaid managed care program to Indian Medicaid managed care 
     entities:
       ``(A) Enrollment.--
       ``(i) Limitation to indians.--An Indian Medicaid managed 
     care entity may restrict enrollment under such program to 
     Indians and to members of specific Tribes in the same manner 
     as Indian Health Programs may restrict the delivery of 
     services to such Indians and tribal members.
       ``(ii) No less choice of plans.--Under such program the 
     State may not limit the choice of an Indian among Medicaid 
     managed care entities only to Indian Medicaid managed care 
     entities or to be more restrictive than the choice of managed 
     care entities offered to individuals who are not Indians.
       ``(iii) Default enrollment.--

       ``(I) In general.--If such program of a State requires the 
     enrollment of Indians in a Medicaid managed care entity in 
     order to receive benefits, the State, taking into 
     consideration the criteria specified in subsection 
     (a)(4)(D)(ii)(I), shall provide for the enrollment of Indians 
     described in subclause (II) who are not otherwise enrolled 
     with such an entity in an Indian Medicaid managed care entity 
     described in such clause.
       ``(II) Indian described.--An Indian described in this 
     subclause, with respect to an Indian Medicaid managed care 
     entity, is an Indian who, based upon the service area and 
     capacity of the entity, is eligible to be enrolled with the 
     entity consistent with subparagraph (A).

       ``(iv) Exception to state lock-in.--A request by an Indian 
     who is enrolled under such program with a non-Indian Medicaid 
     managed care entity to change enrollment with that entity to 
     enrollment with an Indian Medicaid managed care entity shall 
     be considered cause for granting such request under 
     procedures specified by the Secretary.
       ``(B) Flexibility in application of solvency.--In applying 
     section 1903(m)(1) to an Indian Medicaid managed care 
     entity--
       ``(i) any reference to a `State' in subparagraph (A)(ii) of 
     that section shall be deemed to be a reference to the 
     `Secretary'; and
       ``(ii) the entity shall be deemed to be a public entity 
     described in subparagraph (C)(ii) of that section.
       ``(C) Exceptions to advance directives.--The Secretary may 
     modify or waive the requirements of section 1902(w) (relating 
     to provision of written materials on advance directives) 
     insofar as the Secretary finds that the requirements 
     otherwise imposed are not an appropriate or effective way of 
     communicating the information to Indians.
       ``(D) Flexibility in information and marketing.--
       ``(i) Materials.--The Secretary may modify requirements 
     under subsection (a)(5) to ensure that information described 
     in that subsection is provided to enrollees and potential 
     enrollees of Indian Medicaid managed care entities in a 
     culturally appropriate and understandable manner that clearly 
     communicates to such enrollees and potential enrollees their 
     rights, protections, and benefits.
       ``(ii) Distribution of marketing materials.--The provisions 
     of subsection (d)(2)(B) requiring the distribution of 
     marketing materials to an entire service area shall be deemed 
     satisfied in the case of an Indian Medicaid managed care 
     entity that distributes appropriate materials only to those 
     Indians who are potentially eligible to enroll with the 
     entity in the service area.
       ``(5) Malpractice insurance.--Insofar as, under a Medicaid 
     managed care program, a health care provider is required to 
     have medical malpractice insurance coverage as a condition of 
     contracting as a provider with a Medicaid managed care 
     entity, an Indian health care provider that is--
       ``(A) a Federally-qualified health center that is covered 
     under the Federal Tort Claims Act (28 U.S.C. 1346(b), 2671 et 
     seq.);
       ``(B) providing health care services pursuant to a contract 
     or compact under the Indian Self-Determination and Education 
     Assistance Act (25 U.S.C. 450 et seq.) that are covered under 
     the Federal Tort Claims Act (28 U.S.C. 1346(b), 2671 et 
     seq.); or
       ``(C) the Indian Health Service providing health care 
     services that are covered under the Federal Tort Claims Act 
     (28 U.S.C. 1346(b), 2671 et seq.);
     are deemed to satisfy such requirement.
       ``(6) Definitions.--For purposes of this subsection:
       ``(A) Indian health care provider.--The term `Indian health 
     care provider' means an Indian Health Program or an Urban 
     Indian Organization.
       ``(B) Indian; indian health program; service; tribe; tribal 
     organization; urban indian organization.--The terms `Indian', 
     `Indian Health Program', `Service', `Tribe', `tribal 
     organization', `Urban Indian Organization' have the meanings 
     given such terms in section 4 of the Indian Health Care 
     Improvement Act.
       ``(C) Indian medicaid managed care entity.--The term 
     `Indian Medicaid managed care entity' means a managed care 
     entity that is controlled (within the meaning of the last 
     sentence of section 1903(m)(1)(C)) by the Indian Health 
     Service, a Tribe, Tribal Organization, or Urban Indian 
     Organization, or a consortium, which may be composed of 1 or 
     more Tribes, Tribal Organizations, or Urban Indian 
     Organizations, and which also may include the Service.
       ``(D) Non-indian medicaid managed care entity.--The term 
     `non-Indian Medicaid managed care entity' means a managed 
     care entity that is not an Indian Medicaid managed care 
     entity.
       ``(E) Covered medicaid managed care services.--The term 
     `covered Medicaid managed care services' means, with respect 
     to an individual enrolled with a managed care entity, items 
     and services that are within the scope of items and services 
     for which benefits are available with respect to the 
     individual under the contract between the entity and the 
     State involved.
       ``(F) Medicaid managed care program.--The term `Medicaid 
     managed care program'

[[Page 604]]

     means a program under sections 1903(m) and 1932 and includes 
     a managed care program operating under a waiver under section 
     1915(b) or 1115 or otherwise.''.
       (b) Application to SCHIP.--Section 2107(e)(1) of such Act 
     (42 U.S.C. 1397gg(1)), as amended by section 206(b)(2), is 
     amended by adding at the end the following new subparagraph:
       ``(H) Subsections (a)(2)(C) and (h) of section 1932.''.
       (c) Effective Date.--This section and the amendments made 
     by this section take effect on October 1, 2009.

     SEC. 209. ANNUAL REPORT ON INDIANS SERVED BY SOCIAL SECURITY 
                   ACT HEALTH BENEFIT PROGRAMS.

       Section 1139 of the Social Security Act (42 U.S.C. 1320b-
     9), as amended by the sections 202, 205, and 206, is amended 
     by redesignating subsection (e) as subsection (f), and 
     inserting after subsection (d) the following new subsection:
       ``(e) Annual Report on Indians Served by Health Benefit 
     Programs Funded Under This Act.--Beginning January 1, 2008, 
     and annually thereafter, the Secretary, acting through the 
     Administrator of the Centers for Medicare & Medicaid Services 
     and the Director of the Indian Health Service, shall submit a 
     report to Congress regarding the enrollment and health status 
     of Indians receiving items or services under health benefit 
     programs funded under this Act during the preceding year. 
     Each such report shall include the following:
       ``(1) The total number of Indians enrolled in, or receiving 
     items or services under, such programs, disaggregated with 
     respect to each such program.
       ``(2) The number of Indians described in paragraph (1) that 
     also received health benefits under programs funded by the 
     Indian Health Service.
       ``(3) General information regarding the health status of 
     the Indians described in paragraph (1), disaggregated with 
     respect to specific diseases or conditions and presented in a 
     manner that is consistent with protections for privacy of 
     individually identifiable health information under section 
     264(c) of the Health Insurance Portability and Accountability 
     Act of 1996.
       ``(4) A detailed statement of the status of facilities of 
     the Indian Health Service or an Indian Tribe, Tribal 
     Organization, or an Urban Indian Organization with respect to 
     such facilities' compliance with the applicable conditions 
     and requirements of titles XVIII, XIX, and XXI, and, in the 
     case of title XIX or XXI, under a State plan under such title 
     or under waiver authority, and of the progress being made by 
     such facilities (under plans submitted under section 1880(b), 
     1911(b) or otherwise) toward the achievement and maintenance 
     of such compliance.
       ``(5) Such other information as the Secretary determines is 
     appropriate.''.

     SEC. 210. DEVELOPMENT OF RECOMMENDATIONS TO IMPROVE 
                   INTERSTATE COORDINATION OF MEDICAID AND CHIP 
                   COVERAGE OF INDIAN CHILDREN AND OTHER CHILDREN 
                   WHO ARE OUTSIDE OF THEIR STATE OF RESIDENCY 
                   BECAUSE OF EDUCATIONAL OR OTHER NEEDS.

       (a) Study.--The Secretary shall conduct a study to identify 
     barriers to interstate coordination of enrollment and 
     coverage under the Medicaid program under title XIX of the 
     Social Security Act and the State Children's Health Insurance 
     Program under title XXI of such Act of children who are 
     eligible for medical assistance or child health assistance 
     under such programs and who, because of educational needs, 
     migration of families, emergency evacuations, or otherwise, 
     frequently change their State of residency or otherwise are 
     temporarily present outside of the State of their residency. 
     Such study shall include an examination of the enrollment and 
     coverage coordination issues faced by Indian children who are 
     eligible for medical assistance or child health assistance 
     under such programs in their State of residence and who 
     temporarily reside in an out-of- State boarding school or 
     peripheral dormitory funded by the Bureau of Indian Affairs.
       (b) Report.--Not later than 18 months after the date of 
     enactment of this Act, the Secretary, in consultation with 
     directors of State Medicaid programs under title XIX of the 
     Social Security Act and directors of State Children's Health 
     Insurance Programs under title XXI of such Act, shall submit 
     a report to Congress that contains recommendations for such 
     legislative and administrative actions as the Secretary 
     determines appropriate to address the enrollment and coverage 
     coordination barriers identified through the study required 
     under subsection (a).

     SEC. 211. ESTABLISHMENT OF NATIONAL CHILD WELFARE RESOURCE 
                   CENTER FOR TRIBES.

       (a) Establishment.--The Secretary of Health and Human 
     Services shall establish a National Child Welfare Resource 
     Center for Tribes that is--
       (1) specifically and exclusively dedicated to meeting the 
     needs of Indian tribes and tribal organizations through the 
     provision of assistance described in subsection (b); and
       (2) not part of any existing national child welfare 
     resource center.
       (b) Assistance Provided.--
       (1) In general.--The National Child Welfare Resource Center 
     for Tribes shall provide information, advice, educational 
     materials, and technical assistance to Indian tribes and 
     tribal organizations with respect to the types of services, 
     administrative functions, data collection, program 
     management, and reporting that are provided for under State 
     plans under parts B and E of title IV of the Social Security 
     Act.
       (2) Implementation authority.--The Secretary may provide 
     the assistance described in paragraph (1) either directly or 
     through grant or contract with public or private 
     organizations knowledgeable and experienced in the field of 
     Indian tribal affairs and child welfare.
       (c) Appropriations.--There is appropriated to the Secretary 
     of Health and Human Services, out of any money in the 
     Treasury of the United States not otherwise appropriated, 
     $1,000,000 for each of fiscal years 2009 through 2013 to 
     carry out the purposes of this section.

     SEC. 212. ADJUSTMENT TO THE MEDICARE ADVANTAGE STABILIZATION 
                   FUND.

       Section 1858(e)(2)(A)(i) of the Social Security Act (42 
     U.S.C. 1395w-27a(e)(2)(A)(i)), as amended by section 110 of 
     the Medicare, Medicaid, and SCHIP Extension Act of 2007 
     (Public Law 110-173), is amended by striking 
     ``$1,790,000,000'' and inserting ``$1,657,000,000''.
                                 ______
                                 
  SA 3900. Mr. SANDERS (for himself, Mr. Obama, Ms. Cantwell, Mr. 
Kerry, Ms. Snowe, Ms. Collins, Mr. Sununu, Mr. Menendez, Mr. Leahy, 
Mrs. Clinton, Mr. Kennedy, and Mr. Durbin) proposed an amendment to 
amendment SA 3899 proposed by Mr. Dorgan (for himself, Ms. Murkowski, 
Mr. Baucus, Mr. Kennedy, Mr. Smith, Mr. Nelson of Nebraska, and Mr. 
Salazar) to the bill S. 1200, to amend the Indian Health Care 
Improvement Act to revise and extend the Act; as follows:

       At the end of title II, insert the following:

     SEC. 2__. LOW-INCOME HOME ENERGY ASSISTANCE PROGRAM.

       (a) In General.--There are authorized to be appropriated, 
     and there are appropriated, out of any money in the Treasury 
     not otherwise appropriated--
       (1) $400,000,000 (to remain available until expended) for 
     making payments under subsections (a) through (d) of section 
     2604 of the Low-Income Home Energy Assistance Act of 1981 (42 
     U.S.C. 8623); and
       (2) $400,000,000 (to remain available until expended) for 
     making payments under section 2604(e) of the Low-Income Home 
     Energy Assistance Act of 1981 (42 U.S.C. 8623(e)), 
     notwithstanding the designation requirement of section 
     2602(e) of such Act (42 U.S.C. 8621(e)).
       (b) Designation.--Any amount provided under subsection (a) 
     is designated as an emergency requirement and necessary to 
     meet emergency needs pursuant to subsections (a) and (b) of 
     section 204 of S. Con. Res. 21 (110th Congress), the 
     concurrent resolution on the budget for fiscal year 2008.

                          ____________________




                           NOTICE OF HEARING


                PERMANENT SUBCOMMITTEE ON INVESTIGATIONS

  Mr. LEVIN. Mr. President, I would like to announce for the 
information of the Senate and the public that the Permanent 
Subcommittee on Investigations of the Committee on Homeland Security 
and Governmental Affairs will hold a hearing entitled, ``United Nations 
Development Program in North Korea: A Case Study.'' In early 2007, 
reports surfaced of significant management failures in the operations 
of the United Nations Development Program (UNDP) in North Korea. 
Several months later, the UNDP took the unprecedented step of 
suspending its North Korean operations. The Subcommittee's hearing will 
examine UNDP operations in North Korea, reviewing such issues as 
inappropriate staffing, inadequate administrative and fiscal controls, 
inaccessible audits and insufficient whistleblower safeguards. 
Witnesses for the upcoming hearing will include representatives of the 
Department of State and the Government Accountability Office. The 
Subcommittee will also receive a public briefing from representatives 
of the United Nations. A final witness list will be available Tuesday, 
January 22, 2008.
  The Subcommittee hearing is scheduled for Thursday, January 24, 2008, 
at 10 a.m., in Room 342 of the Dirksen Senate Office Building. For 
further information, please contact Elise Bean of the Permanent 
Subcommittee on Investigations at 224-9505.

                          ____________________




                    AUTHORITY FOR COMMITTEES TO MEET


                          committee on finance

  Mr. DORGAN. Mr. President, I ask unanimous consent that the Committee 
on Finance be authorized to

[[Page 605]]

meet during the session of the Senate on Tuesday, January 22, 2008, 10 
a.m., in room 215 of the Dirksen Senate Office Building, in order to 
conduct a hearing entitled ``Strengthening America's Economy: Stimulus 
That Makes Sense.''
  The PRESIDING OFFICER. Without objection, it is so ordered.


                       committee on the judiciary

  Mr. DORGAN. Mr. President, I ask unanimous consent that the Senate 
Committee on the Judiciary be authorized to meet during the session of 
the Senate, in order to conduct a hearing on Executive Nominations on 
Tuesday, January 22, 2008, at 2 p.m. in room SD-226 of the Dirksen 
Senate Office Building.

    Witness list Kevin J. O'Connor, of Connecticut, to be Associate 
   Attorney General, Department of Justice and Gregory G. Katsas, of 
   Massachusetts, to be Assistant Attorney General, Civil Division, 
                         Department of Justice.

  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________




                        PRIVILEGES OF THE FLOOR

  Mr. BAUCUS. Mr. President, I ask unanimous consent that the following 
people be allowed privileges of the floor: Susan Hinck, Elise Stein, 
Mollie Lane, Kayleigh Brown, Michael Bagel, and Emily Schwartz.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. DORGAN. Madam President, on behalf of Senator Inouye, I wish to 
request unanimous consent that Ms. Cheryl Peterson, a public health 
nurse fellow from the Indian Health Service, who is serving on his 
staff, be permitted floor privileges for the duration of S. 1200, the 
Indian health bill.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________




                 NOTICE: REGISTRATION OF MASS MAILINGS

  The filing date for 2007 fourth quarter Mass Mailings is Friday, 
January 25, 2008. If your office did no mass mailings during this 
period, please submit a form that states ``none.''
  Mass mailing registrations, or negative reports, should be submitted 
to the Senate Office of Public Records, 232 Hart Building, Washington, 
DC 20510-7116.
  The Public Records office will be open from 9 a.m. to 6 p.m. on the 
filing date to accept these filings. For further information, please 
contact the Public Records office on (202) 224-0322.

                          ____________________




REMOVAL OF INJUNCTION OF SECRECY--TREATY DOCUMENTS NOS. 110-11, 110-12, 
                               AND 110-13

  Mr. CASEY. Mr. President, I ask unanimous consent that the Injunction 
of Secrecy be removed from the following treaties transmitted to the 
Senate on January 22, 2008, by the President of the United States: 
Extradition Treaty with Romania and Protocol to the Treaty on Mutual 
Legal Assistance in Criminal Matters with Romania, Treaty Document No. 
110-11; Extradition Treaty with Bulgaria and an Agreement on Certain 
Aspects of Mutual Legal Assistance in Criminal Matters with Bulgaria, 
Treaty Document No. 110-12; and International Convention on Control of 
Harmful Anti-Fouling Systems on Ships, Treaty Document No. 110-13; I 
further ask that the treaties be considered as having been read the 
first time; that they be referred, with accompanying papers, to the 
Committee on Foreign Relations and ordered to be printed; and that the 
President's messages be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The messages of the President are as follows:
To the Senate of the United States:
  With a view to receiving the advice and consent of the Senate to 
ratification, I transmit herewith the Extradition Treaty between the 
United States of America and Romania (the ``Extradition Treaty'' or the 
``Treaty'') and the Protocol to the Treaty between the United States of 
America and Romania on Mutual Legal Assistance in Criminal Matters (the 
``Protocol''), both signed at Bucharest on September 10, 2007. I also 
transmit, for the information of the Senate, the reports of the 
Department of State with respect to the Extradition Treaty and 
Protocol.
  The Extradition Treaty would replace the outdated Extradition Treaty 
between the United States and Romania, signed in Bucharest on July 23, 
1924, and the Supplementary Extradition Treaty, signed in Bucharest on 
November 10, 1936. The Protocol amends the Treaty Between the United 
States of America and Romania on Mutual Legal Assistance in Criminal 
Matters, signed in Washington on May 26, 1999 (the ``1999 Mutual Legal 
Assistance Treaty''). Both the Extradition Treaty and the Protocol also 
fulfill the requirements for bilateral instruments (between the United 
States and each European Union (EU) Member State) that are contained in 
the Extradition and Mutual Legal Assistance Agreements between the 
United States and the EU currently before the Senate.
  The Extradition Treaty follows generally the form and content of 
other extradition treaties recently concluded by the United States. It 
would replace an outmoded list of extraditable offenses with a modern 
``dual criminality'' approach, which would enable extradition for such 
offenses as money laundering and other newer offenses not appearing on 
the list. The Treaty also contains a modernized ``political offense'' 
clause, and it provides that neither Party shall refuse extradition 
based on the citizenship of the person sought. Finally, the new Treaty 
incorporates a series of procedural improvements to streamline and 
speed the extradition process. The Protocol primarily serves to amend 
the 1999 Mutual Legal Assistance Treaty in areas required pursuant to 
the U.S.-EU Mutual Legal Assistance Agreement, specifically: mutual 
legal assistance to administrative authorities; expedited transmission 
of requests; use limitations; identification of bank information; joint 
investigative teams; and video conferencing.
  I recommend that the Senate give early and favorable consideration to 
the Extradition Treaty and the Protocol, along with the U.S.-EU 
Extradition and Mutual Legal Assistance Agreements and the other 
related bilateral instruments between the United States and European 
Union Member States.
                                                      George W. Bush.  
The White House, January 22, 2008.
                                  ____

To the Senate of the United States:
  With a view to receiving the advice and consent of the Senate to 
ratification, I transmit herewith the Extradition Treaty between the 
Government of the United States of America and the Government of the 
Republic of Bulgaria (the ``Extradition Treaty'' or the ``Treaty'') and 
the Agreement on Certain Aspects of Mutual Legal Assistance in Criminal 
Matters between the Government of the United States of America and the 
Government of the Republic of Bulgaria (the ``MLA Agreement''), both 
signed at Sofia on September 19, 2007. I also transmit, for the 
information of the Senate, the report of the Department of State with 
respect to the Extradition Treaty and the MLA Agreement.
  The new Extradition Treaty would replace the outdated Extradition 
Treaty between the United States and Bulgaria, signed in Sofia on March 
19, 1924, and the Supplementary Extradition Treaty, signed in 
Washington on June 8, 1934. The MLA Agreement is the first agreement 
between the two countries on mutual legal assistance in criminal 
matters. Both the Extradition Treaty and the MLA Agreement fulfill the 
requirements for bilateral instruments (between the United States and 
each European Union (EU) Member State) that are contained in the 
Extradition and Mutual Legal Assistance Agreements between the United 
States and the EU currently before the Senate.
  The Extradition Treaty follows generally the form and content of 
other extradition treaties recently concluded by the United States. It 
would replace an outmoded list of extraditable offenses with a modern 
``dual criminality'' approach, which would enable

[[Page 606]]

extradition for such offenses as money laundering, and other newer 
offenses not appearing on the list. The Treaty also contains a 
modernized ``political offense'' clause, and it provides that 
extradition shall not be refused based on the nationality of a person 
sought for any of a comprehensive list of serious offenses. Finally, 
the new Treaty incorporates a series of procedural improvements to 
streamline and speed the extradition process.
  Because the United States and Bulgaria do not have a bilateral mutual 
legal assistance treaty in force between them, the MLA Agreement is a 
partial treaty governing only those issues regulated by the U.S.-EU 
Mutual Legal Assistance Agreement, specifically: identification of bank 
information, joint investigative teams, video-conferencing, expedited 
transmission of requests, assistance to administrative authorities, use 
limitations, confidentiality, and grounds for refusal. This approach is 
consistent with that taken with the other EU Member States (Denmark, 
Finland, Malta, Portugal, Slovak Republic, and Slovenia) with which the 
United States did not have an existing mutual legal assistance treaty.
  I recommend that the Senate give early and favorable consideration to 
the Extradition Treaty and MLA Agreement, along with the U.S.-EU 
Extradition and Mutual Legal Assistance Agreements and the other 
related bilateral instruments between the United States and European 
Union Member States.
                                                      George W. Bush.  
The White House, January 22, 2008.
                                  ____

To the Senate of the United States:
  I transmit herewith, for the advice and consent of the Senate to its 
ratification, the International Convention on the Control of Harmful 
Anti-Fouling Systems on Ships, 2001 (the ``Convention'').
  The Convention aims to control the harmful effects of anti-fouling 
systems, which are used on the hulls of ships to prevent the growth of 
marine organisms. These systems are necessary to increase fuel 
efficiency and minimize the transport of hull-borne species; however, 
anti-fouling systems can also have negative effects on the marine 
environment, including when a vessel remains in place for a period of 
time (such as in port).
  To mitigate these effects, the Convention prohibits Parties from 
using organotin-based anti-fouling systems on their ships, and it 
prohibits ships that use such systems from entering Parties' ports, 
shipyards, or offshore terminals. The Convention authorizes controls on 
use of other anti-fouling systems that could be added in the future, 
after a comprehensive review process.
  The Convention was adopted at a Diplomatic Conference of the 
International Maritime Organization in October 2001 and signed by the 
United States on December 12, 2002. The United States played a 
leadership role in the negotiation and development of the Convention. 
With Panama's ratification of the Convention on September 17, 2007, 25 
States representing over 25 percent of the world's merchant shipping 
tonnage have now ratified the Convention. Therefore, the Convention 
will enter into force on September 17, 2008. Organotin-based anti-
fouling systems are specifically regulated through the Organotin Anti-
Fouling Paint Control Act of 1988 (OAPCA), 33 U.S.C. 2401-2410. New 
legislation is required to fully implement the Convention and will take 
the form of a complete revision and replacement of OAPCA. All 
interested executive branch agencies support ratification. I recommend 
that the Senate give early and favorable consideration to the 
Convention and give its advice and consent to its ratification, with 
the declaration set out in the analysis of Article 16 in the attached 
article-by-article analysis.
                                                      George W. Bush.  
The White House, January 22, 2008.

                          ____________________




                       COMMENDING MARTIN P. PAONE

  Mr. CASEY. Mr. President, I have a resolution at the desk, and I ask 
for its immediate consideration.
  The PRESIDING OFFICER. The clerk will report the resolution by title.
  The legislative clerk read as follows:

       A resolution (S. Res. 420) commending Martin P. Paone.

  There being no objection, the Senate proceeded to consider the 
resolution.
  Mr. CASEY. Mr. President, I ask unanimous consent that the resolution 
and preamble be agreed to, en bloc, and that the motion to reconsider 
be laid upon the table.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The resolution (S. Res. 420) was agreed to.
  The premble was agreed to.
  The resolution, with its preamble, reads as follows:

                         Senate Resolution 420

       Whereas Marty Paone has faithfully served the Congress in 
     various capacities over the past 32 years, twenty-eight of 
     which were spent in service to the Senate;
       Whereas Marty Paone is the first person to rise through the 
     ranks of various positions--including Vehicular Placement 
     Specialist--to finally serve with distinction as Secretary 
     for the Minority, and concluding his Senate service as 
     Secretary for the Majority;
       Whereas Marty Paone has at all times discharged the 
     important duties and responsibilities of his office with 
     great efficiency, dedication and diligence;
       Whereas his dedication, good humor, and exceptional service 
     have earned him the respect and admiration of Democratic and 
     Republican Senators, as well as their staffs; Now therefore 
     be it
       Resolved, That the Senate expresses its appreciation to 
     Marty Paone and commends him for his lengthy, faithful and 
     outstanding service to the Senate.
       The Secretary of the Senate shall transmit a copy of this 
     resolution to Martin P. Paone.

                          ____________________




       REGARDING NEED FOR ADDITIONAL RESEARCH INTO HYDROCEPHALUS

  Mr. CASEY. Mr. President, I ask unanimous consent that the HELP 
Committee be discharged from further consideration of S. Con. Res. 63 
and the Senate then proceed to its immediate consideration.
  The PRESIDING OFFICER. Without objection, it is so ordered. The clerk 
will report the concurrent resolution by title.
  The legislative clerk read as follows:

       A concurrent resolution (S. Con. Res. 63) expressing the 
     sense of the Congress regarding the need for additional 
     research into the chronic neurological condition 
     hydrocephalus, and for other purposes.

  There being no objection, the Senate proceeded to consider the 
concurrent resolution.
  Mr. CASEY. Mr. President, I ask unanimous consent that the concurrent 
resolution be agreed to, the preamble be agreed to, the motion to 
reconsider be laid upon the table, and that any statements be printed 
in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The concurrent resolution (S. Con. Res. 63) was agreed to.
  The preamble was agreed to.
  The concurrent resolution, with its preamble, reads as follows:

                            S. Con. Res. 63

       Expressing the sense of the Congress regarding the need for 
     additional research into the chronic neurological condition 
     hydrocephalus, and for other purposes.
       Whereas hydrocephalus is a serious neurological condition, 
     characterized by the abnormal buildup of cerebrospinal fluids 
     in the ventricles of the brain;
       Whereas there is no known cure for hydrocephalus;
       Whereas hydrocephalus affects an estimated 1,000,000 
     Americans;
       Whereas 1 or 2 in every 1,000 babies are born with 
     hydrocephalus;
       Whereas over 375,000 older Americans have hydrocephalus, 
     which often goes undetected or is misdiagnosed as dementia, 
     Alzheimer's disease, or Parkinson's disease;
       Whereas, with appropriate diagnosis and treatment, people 
     with hydrocephalus are able to live full and productive 
     lives;
       Whereas the standard treatment for hydrocephalus was 
     developed in 1952, and carries multiple risks including shunt 
     failure, infection, and overdrainage;
       Whereas there are fewer than 10 centers in the United 
     States specializing in the treatment of adults with normal 
     pressure hydrocephalus;
       Whereas, each year, the people of the United States spend 
     in excess of $1,000,000,000 to treat hydrocephalus;
       Whereas a September 2005 conference sponsored by 7 
     institutes of the National Institutes of Health--
     ``Hydrocephalus: Myths, New Facts, Clear Directions''--
     resulted in efforts to initiate new, collaborative research 
     and treatment efforts; and

[[Page 607]]

       Whereas the Hydrocephalus Association is one of the 
     Nation's oldest and largest patient and research advocacy and 
     support networks for individuals suffering from 
     hydrocephalus: Now, therefore, be it
       Resolved by the Senate (the House of Representatives 
     concurring), That--
       (1) Congress commends the Director of the National 
     Institutes of Health for working with leading scientists and 
     researchers to organize the first-ever National Institutes of 
     Health conference on hydrocephalus; and
       (2) it is the sense of Congress that--
       (A) the Director of the National Institutes of Health 
     should continue the current collaboration with respect to 
     hydrocephalus among the National Eye Institute, the National 
     Human Genome Research Institute, the National Institute of 
     Biomedical Imaging and Bioengineering, the National Institute 
     of Child Health and Human Development, the National Institute 
     of Neurological Disorders and Stroke, the National Institute 
     on Aging, and the Office of Rare Diseases;
       (B) further research into the epidemiology, 
     pathophysiology, disease burden, and improved treatment of 
     hydrocephalus should be conducted or supported; and
       (C) public awareness and professional education regarding 
     hydrocephalus should increase through partnerships between 
     the Federal Government and patient advocacy organizations.

                          ____________________




     MEASURES POSTPONED INDEFINITELY--H. CON. RES. 155 AND S. 2023

  Mr. CASEY. Mr. President, I ask unanimous consent that the following 
calendar numbers be indefinitely postponed en bloc: Calendar No. 210 
and Calendar No. 387.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________




                 ORDERS FOR WEDNESDAY, JANUARY 23, 2008

  Mr. CASEY. Mr. President, I ask unanimous consent that when the 
Senate completes its business today, it stand adjourned until 12 noon, 
Wednesday, January 23; that on Wednesday, following the prayer and the 
pledge, the Journal of proceedings be approved to date, the morning 
hour deemed expired, and the time for the two leaders reserved for 
their use later in the day, and there then be a period of morning 
business until 12:30 p.m., with Senators permitted to speak therein for 
up to 10 minutes each; that on Wednesday, the Senate stand in recess 
from 12:30 p.m. to 2:15 p.m. in order to accommodate the party 
conference meeting; that at 2:15 p.m., the Senate resume consideration 
of S. 1200, the Indian health legislation
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________




             ADJOURNMENT UNTIL WEDNESDAY, JANUARY 23, 2008

  Mr. CASEY. Mr. President, if there is no further business to come 
before the Senate, I ask unanimous consent that the Senate stand 
adjourned under the previous order.
  There being no objection, the Senate, at 7:43 p.m., adjourned until 
Wednesday, January 23, 2008, at 12 noon.

                          ____________________




                              NOMINATIONS

  Executive nominations received by the Senate:


                         DEPARTMENT OF DEFENSE

       NELSON M. FORD, OF VIRGINIA, TO BE UNDER SECRETARY OF THE 
     ARMY, VICE PRESTON M. GEREN.


                         DEPARTMENT OF COMMERCE

       WILLIAM J. BRENNAN, OF MAINE, TO BE ASSISTANT SECRETARY OF 
     COMMERCE FOR OCEANS AND ATMOSPHERE, VICE JAMES R. MAHONEY.


                          DEPARTMENT OF ENERGY

       J. GREGORY COPELAND, OF TEXAS, TO BE GENERAL COUNSEL OF THE 
     DEPARTMENT OF ENERGY, VICE DAVID R. HILL.


           UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT

       JEFFREY J. GRIECO, OF VIRGINIA, TO BE AN ASSISTANT 
     ADMINISTRATOR OF THE UNITED STATES AGENCY FOR INTERNATIONAL 
     DEVELOPMENT, VICE J. EDWARD FOX.


                          DEPARTMENT OF STATE

       KURT DOUGLAS VOLKER, OF PENNSYLVANIA, A CAREER FOREIGN 
     SERVICE OFFICER OF CLASS ONE, TO BE UNITED STATES PERMANENT 
     REPRESENTATIVE ON THE COUNCIL OF THE NORTH ATLANTIC TREATY 
     ORGANIZATION, WITH THE RANK AND STATUS OF AMBASSADOR 
     EXTRAORDINARY AND PLENIPOTENTIARY.
       JOXEL GARCIA, OF CONNECTICUT, TO BE REPRESENTATIVE OF THE 
     UNITED STATES ON THE EXECUTIVE BOARD OF THE WORLD HEALTH 
     ORGANIZATION, VICE JAMES O. MASON.


                DEPARTMENT OF HEALTH AND HUMAN SERVICES

       JOXEL GARCIA, OF CONNECTICUT, TO BE MEDICAL DIRECTOR IN THE 
     REGULAR CORPS OF THE PUBLIC HEALTH SERVICE, SUBJECT TO THE 
     QUALIFICATIONS THEREFOR AS PROVIDED BY LAW AND REGULATIONS, 
     AND TO BE AN ASSISTANT SECRETARY OF HEALTH AND HUMAN 
     SERVICES, VICE JOHN O. AGWUNOBI, RESIGNED.


                INSTITUTE OF MUSEUM AND LIBRARY SERVICES

       JAN CELLUCCI, OF MASSACHUSETTS, TO BE A MEMBER OF THE 
     NATIONAL MUSEUM AND LIBRARY SERVICES BOARD FOR A TERM 
     EXPIRING DECEMBER 6, 2012, VICE EDWIN JOSEPH RIGUAD, TERM 
     EXPIRED.
       WILLIAM J. HAGENAH, OF ILLINOIS, TO BE A MEMBER OF THE 
     NATIONAL MUSEUM AND LIBRARY SERVICES BOARD FOR A TERM 
     EXPIRING DECEMBER 6, 2012, VICE JUDITH ANN RAPANOS, TERM 
     EXPIRED.
       MARK Y. HERRING, OF SOUTH CAROLINA, TO BE A MEMBER OF THE 
     NATIONAL MUSEUM AND LIBRARY SERVICES BOARD FOR A TERM 
     EXPIRING DECEMBER 6, 2012, VICE RENEE SWARTZ, TERM EXPIRED.
       JULIA W. BLAND, OF LOUISIANA, TO BE A MEMBER OF THE 
     NATIONAL MUSEUM AND LIBRARY SERVICES BOARD FOR A TERM 
     EXPIRING DECEMBER 6, 2012, VICE MARGARET SCARLETT, TERM 
     EXPIRED.


                 NATIONAL BOARD FOR EDUCATION SCIENCES

       JOANNE WEISS, OF CALIFORNIA, TO BE A MEMBER OF THE BOARD OF 
     DIRECTORS OF THE NATIONAL BOARD FOR EDUCATION SCIENCES FOR A 
     TERM EXPIRING NOVEMBER 28, 2010, VICE JAMES R. DAVIS, TERM 
     EXPIRED.
       SALLY EPSTEIN SHAYWITZ, OF CONNECTICUT, TO BE A MEMBER OF 
     THE BOARD OF DIRECTORS OF THE NATIONAL BOARD FOR EDUCATION 
     SCIENCES FOR A TERM EXPIRING NOVEMBER 28, 2011. 
     (REAPPOINTMENT)
       FRANK PHILIP HANDY, OF FLORIDA, TO BE A MEMBER OF THE BOARD 
     OF DIRECTORS OF THE NATIONAL BOARD FOR EDUCATION SCIENCES FOR 
     A TERM EXPIRING NOVEMBER 28, 2011. (REAPPOINTMENT)
       JONATHAN BARON, OF MARYLAND, TO BE A MEMBER OF THE BOARD OF 
     DIRECTORS OF THE NATIONAL BOARD FOR EDUCATION SCIENCES FOR A 
     TERM EXPIRING NOVEMBER 28, 2011. (REAPPOINTMENT)


                         DEPARTMENT OF JUSTICE

       DORLA M. SALLING, OF TEXAS, TO BE A COMMISSIONER OF THE 
     UNITED STATES PAROLE COMMISSION FOR A TERM OF SIX YEARS, VICE 
     DEBORAH ANN SPAGNOLI, RESIGNED.


                           IN THE COAST GUARD

       THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TO SERVE AS THE 
     DIRECTOR OF THE COAST GUARD RESERVE PURSUANT TO TITLE 14, 
     U.S.C., SECTION 53 IN THE GRADE INDICATED:

                    To be rear admiral (lower half)

RDML (SELECT) DANIEL R. MAY, 0000


                              IN THE ARMY

       THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED 
     STATES ARMY TO THE GRADE INDICATED WHILE ASSIGNED TO A 
     POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER TITLE 10, 
     U.S.C., SECTION 601:

                        To be lieutenant general

       MAJ. GEN. JOSEPH F. FIL, JR., 0000

       THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED 
     STATES ARMY TO THE GRADE INDICATED WHILE ASSIGNED TO A 
     POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER TITLE 10, 
     U.S.C., SECTION 601:

                             To be general

GEN. DAVID D. MCKIERNAN, 0000





[[Page 608]]

                          EXTENSIONS OF REMARKS
                          ____________________


 HONORING CROSS COUNTRY NATIONAL CHAMPION MIKE FOUT OF LaPORTE, INDIANA

                                 ______
                                 

                           HON. JOE DONNELLY

                               of indiana

                    in the house of representatives

                       Tuesday, January 22, 2008

  Mr. DONNELLY. Madam Speaker, today I rise before you to offer a word 
of congratulations to Mike Fout of LaPorte, Indiana. Fout traveled to 
San Diego on December 13, 2007 as the number five seed for the Foot 
Locker Cross Country Championship. He returned home to LaPorte the 
national champion.
  To win the race, Fout defeated the second place finisher by seven 
seconds, for a total time of only 14:50. It was a personal best for 
Fout, who was not deterred even by the cool, muddy conditions on the 
day of the race.
  Fout was neither favored to win the race, nor even to come in the top 
five, but his coach, as well as his family and friends, knew that he 
would be able to accomplish whatever he set out to do. He has now 
ensured himself a place in the history of the National Cross Country 
Championships by achieving the ninth fastest time ever in an event that 
has been held for twenty-nine years.
  On his way to becoming the first Indiana runner to win the national 
championship, Fout stayed with the lead pack for most of the 5K race, 
and then broke away after the two mile mark. He maintained this 
position for the rest of the race, with no challengers coming forward 
to disrupt his lead.
  All of this took place after Fout was crowned state champion of 
Indiana in the 3200-meter race, led team Indiana to an all-star event, 
and won the Midwest Regional Championship.
  Mike Fout's hard work was given him the well-deserved title of 
national champion. But in congratulating him, I would also offer my 
congratulations to his coach Tim Beres, LaPorte High School and the 
greater LaPorte community for their support of the cross country 
program.

                          ____________________




 HONORING STEVE BENEFIELD'S SERVICE WITH THE RUTHERFORD COUNTY CHAMBER 
                              OF COMMERCE

                                 ______
                                 

                            HON. BART GORDON

                              of tennessee

                    in the house of representatives

                       Tuesday, January 22, 2008

  Mr. GORDON of Tennessee. Madam Speaker, today I rise to honor Steve 
Benefield for his service with the Rutherford County Chamber of 
Commerce. Steve resigned from the Chamber on January 4 after serving a 
decade as its president.
  Rutherford County has experienced tremendous growth in recent years, 
and the Chamber has been growing right along with it. The Rutherford 
County Chamber of Commerce is now the third largest in Tennessee, and 
Steve has been instrumental in spurring the county's economic 
development efforts.
  He was a leader in efforts to bring a conference center to 
Murfreesboro, worked to acquire a new Chamber building and county 
visitor center, and furthered development at Smyrna's airport. His 
efforts have helped to ensure that Rutherford County will continue to 
be a desirable place to live and raise a family.
  Steve has been a leader not only in business efforts, but also in the 
community. He is active in his church and with his sons' baseball 
teams, where he draws from his experience pitching for the Blue Raiders 
at our shared alma mater, Middle Tennessee State University.
  The Rutherford County Chamber of Commerce is losing a great asset, 
but I am happy Steve and his family are staying in Murfreesboro. I wish 
them all the best.

                          ____________________




                        TRIBUTE TO CATHY TRAVIS

                                 ______
                                 

                         HON. SOLOMON P. ORTIZ

                                of texas

                    in the house of representatives

                       Tuesday, January 22, 2008

  Mr. ORTIZ. Madam Speaker, this month Capitol Hill saw the departure 
of constitutional aficionado and political guru Cathy Travis--who 
recently retired after serving the House for 25 years, the last 18 as 
my communications director and senior advisor.
  Cathy's dedication to and interest in public service has led her from 
Jonesboro, AR, to the corridors of the Capitol. Politics always 
fascinated her, and after graduation from Arkansas State University she 
went to work for former Congressman Bill Alexander (D-AR) as a press 
assistant. She then served in various capacities for the House Floor 
staff. After serving in the Chief Deputy Majority Whip's office for 6 
months, she came to work for me.
  Words cannot begin to describe what Cathy has meant to me, my staff, 
and the people of the 27th district of Texas. For 18 years, I have 
relied on Cathy for her professionalism, work ethic, and friendship. 
She has been a wonderful and effective spokeswoman for the issues of 
south Texas, and reporters always expressed their gratitude for her 
guidance and assistance.
  Whether through her infectious laugh or her candid advice, Cathy 
always left a resounding impression on those she met and worked with. 
Members, staff, and reporters always took time out of their busy 
schedules to catch up with her and share some friendly chisme. During 
her last few weeks in my office, numerous people stopped to wish her 
best of luck and congratulate her on her retirement.
  Cathy will now dedicate her energy to writing and marketing her 
books. Her first book, Constitution Translated for Kids, has received 
numerous accolades and will soon be published in Spanish. In the book, 
the original text of the Constitution is paired side-by-side with a 
kid-friendly interpretation to pique interest and stimulate further 
discussion of American liberties.
  Though I bid Cathy a sad farewell from my office, it will certainly 
not be a goodbye. I look forward to seeing her around the Capitol when 
she comes up to catch up with old friends.
  Cathy remains a trusted member of my family, and I will always seek 
her counsel on matters political and personal. I wish her the best of 
luck during the new phase of her life.

                          ____________________




            HONORING THE LA VERGNE HIGH SCHOOL MARCHING BAND

                                 ______
                                 

                            HON. BART GORDON

                              of tennessee

                    in the house of representatives

                       Tuesday, January 22, 2008

  Mr. GORDON of Tennessee. Madam Speaker, today I rise to recognize one 
of the top marching bands in the nation: La Vergne High School's 
Wolverine Marching Band, which represented middle Tennessee on November 
17 at the U.S. Scholastic Band Association Grand National 
Championships.
  This was the Wolverine Marching Band's first time to compete in the 
USSBA championships. Only 68 marching bands throughout the Nation were 
invited to the competition held in Baltimore, Maryland. In addition to 
the LHS band placing eighth overall, the school's drum line placed 
fifth, and the color guard placed 11th.
  The theme of La Vergne High School Music is ``where perfection and 
hard work meet.'' It must be very gratifying to the students, staff, 
parents, and supporters to see the rewards of countless hours of 
practice. I congratulate the band on their accomplishments and wish 
them continued success in the future.
  I commend the Wolverine Marching Band: Director of Bands Edward 
Freytag, Assistant Director of Band Chris Crumley, Visual Coordinator 
Tim White, Color Guard Instructor Megan Taylor and Kirby Cooper, Band 
Members: Sarah Baron, Melissa Barscz, Brad Beal, Allison Beck, Taylor 
Bentley, Casey Bidini, Katelyn Blair, Chelsea Boulanger, Joey Brewer, 
Leonard Brown, Tony Brown, William Bryant, Jacob Burton, Tyler 
Channell, Jordan Cooley, Porsha Cooper, Rachel Covert, Tyler Covert, 
James Day, Shanice Derrick, Catherine Drescher, Tara Dryden, Amber 
Dugger, William Duke Jr., Dylan Duke, Carl Dye, Shelby Erny, Aeron 
Falknor, Cheyanne Fletcher, Jessica Forbis, Loretta Fougeray, Courtney 
Frierson, Matthew Fusco, Endre Gereben, Andres Gonzalez, Matt Goodman, 
Katie Green, Alexandria Hahn, David Hardy, Ross Harvey, Elizabeth 
Henderson, Jessica Henderson,

[[Page 609]]

Brianna Herron, Matt Hickman, Curt Hills, Chassity Hoback, Zach Hodges, 
Andre Holt, Mary Huckleberry, Brooks Hunter, Wesley Hurless, Greg 
Jackson, Ethan Jerrell, Felicia Johnson, Elise Jones, Emily Jones, Will 
Kelley, Jeremiah Lang, John Leaver, Brittany Lee, Ginger Levinson, 
Kwesi Manuel, Jennifer Maroney, Melvin Mason, Myesha Mason, Tara 
Mathews, Cici McCormick, Brittney McDuffie, Emily McDuffie, Aaron 
McGowen, William McGowen, Shelby McIntosh, Michael Meacham, Josh 
Merbitz, David Miller, Tyler Mingle, Josh Moore, John Morris, Zach 
Murray, Kayla Nickel, Michael Pagan, Stephanie Parker, Aaron Parris, 
Ashley Patten, Shelby Perkins, Shamikia Perry, Charlie Prazak, Darrin 
Pugh, Zach Pugh, Briana Rainey, Josh Raymond, Lacey Reade, Shinead 
Riddle, Lucas Rigo, Rivera Rico, Brett Runge, Nick Sargent, Shannon 
Schmitz, Tyler Shapard, Jordan Shurmer, Ashley Sledge, Corey Smathers, 
Devon Smith, Logan Smith, Sammy Stack, Lauren Stanley, Mary Taylor, 
Lindsey Tedford, Alison Thatcher, Jesse Thurgood, Curtis Vandever, 
Latoya Wade, Lanee Waddell, Marissa Waddell, Cory Waters, Lamar White, 
Tandrea Wilson, and Jacob Wood.

                          ____________________




                      HONORING MSGT. JASON BILLIOT

                                 ______
                                 

                            HON. LOIS CAPPS

                             of california

                    in the house of representatives

                       Tuesday, January 22, 2008

  Mrs. CAPPS. Madam Speaker, today I rise to pay tribute to MSgt. Jason 
Billiot, as he retires from the United States Air Force. MSgt. Jason 
Billiot entered the Air Force in 1988. After completing Basic Training 
at Lackland AFB, TX, AB Billiot went to Chanute AFB, IL to be trained 
as a Special Vehicle Mechanic. After completion of tech school he was 
assigned to the 363rd Transportation Squadron, Shaw AFB, SC. While at 
Shaw AFB he not only honed his skills on Firefighting and Refueling 
Equipment, but also attended Airmen Leadership School.
  In 1994, after five years at Shaw, SRA Billiot got his first 
assignment to the 345th Training Squadron at Lackland AFB. He completed 
ASE requirements for master medium/heavy truck technician and was also 
awarded his CCAF degree in vehicle maintenance. Two years later, as a 
result of BRAC realignment, the school house was moved to the Naval 
Construction Training Center in Port Hueneme, California.
  While in California, Sgt Billiot performed duties as MTT instructor, 
world training instructor, special vehicle instructor, and aircraft 
refueling vehicle instructor supervisor. In 1999, Sgt Billiot and his 
wife, Jeanne, received the blessing of the birth of their daughter, 
Elizabeth. In 2000, Sgt Billiot received his orders for the 354th 
Transportation Squadron Eielson AFB, Alaska.
  While in Alaska, Sgt Billiot was supervising and running shops such 
as NCOIC of customer service, NCOIC of special purpose vehicle element, 
and superintendent of the dispensing element. He also attended the NCO 
Academy at Elmendorf AFB. In 2003, MSgt. Billiot was again assigned to 
the school house in Port Hueneme, CA. As Master Sergeant, Billiot took 
leadership roles as diesel phase head, gas phase head, interservice 
mechanic curriculum developer and skills knowledge test author. MSgt. 
Billiot finishes out an outstanding and eventful career after 20 years 
of faithful service to his country as interservice mechanic school 
superintendent.
  It is my pleasure to recognize the character and dedication of MSgt. 
Billiot upon his retirement.

                          ____________________




                         KENYA ELECTION CRISIS

                                 ______
                                 

                             HON. AL GREEN

                                of texas

                    in the house of representatives

                       Tuesday, January 22, 2008

  Mr. AL GREEN of Texas. Madam Speaker, I wish to express my deep 
concern regarding the current crisis in the nation of Kenya. 
Approximately 600 people were killed in violent clashes across Kenya, 
following disputed presidential elections that took place on December 
27, 2007. Violence erupted in Kenya after President Mwai Kibaki was 
declared the winner of the election and opposition leader Raila Odinga 
disputed the results. European Union observers have said the 
presidential poll was flawed and the Government of Kenya has 
acknowledged that voting irregularities took place.
  Unfortunately, the effects of post-election violence in Kenya 
continue to echo throughout the country. An estimated 250,000 people 
have been forced from their homes and are in need of food, shelter, and 
medicine. Human rights activists and aid workers are concerned that 
families displaced by the conflict will be unable to return to their 
homes--many of which were burned down--in the near future. Though the 
fighting has subsided from its peak immediately after the elections in 
late December, tension remains high between political opponents divided 
along ethnic lines. There continues to be incidences of violence, 
demonstrations, and looting in several neighborhoods of Nairobi and 
Mombasa and in large parts of the westernmost provinces.
  The time has come for both the government and the opposition to enter 
into a good faith dialog for the benefit and welfare of the Kenyan 
people, who deserve a political process that reflects their dedication 
to transparency, democracy and progress. Therefore, it is vital for 
President Kibaki and Raila Odinga to come together without 
preconditions to discuss how to end the post-electoral crisis in a way 
that reflects the will of the Kenyan people. Additionally, both leaders 
must take steps to end the violence and ensure respect for the rule of 
law and respect for human rights. The full restoration of freedom of 
the press and freedom of peaceful assembly is an integral part of this 
goal.
  Madam Speaker, our hearts go out to the people of Kenya who have 
suffered throughout the post-election ordeal and I urge the Kenyan 
Government and the opposition to resolve this crisis for the benefit of 
their people.

                          ____________________




             BOY SCOUTS OF AMERICA DISTRICT AWARD OF MERIT

                                 ______
                                 

                         HON. SOLOMON P. ORTIZ

                                of texas

                    in the house of representatives

                       Tuesday, January 22, 2008

  Mr. ORTIZ. Madam Speaker, I rise today to honor three constituents 
from South Texas: Heather Blakemore, Rene Hernandez, and Sue 
Stachowiak.
  The three have been awarded the District Award of Merit from the Boy 
Scouts of America, and it is the highest award bestowed upon volunteers 
in a district that symbolizes their exceptional and noteworthy service 
to youth in the Boy Scouts of America.
  Heather's involvement with Scouting began as an assistant tiger cub 
den leader in Pack 59 for her son, Jess. Since then she has served as 
den leader, assistant den leader, pack committee member, and assistant 
scoutmaster. She has also served as the Mistress of ceremonies for the 
District Recognition Dinner for 2 years and Mistress of ceremonies for 
the Council Banquet for 1 year.
  Rene's scouting career began as a den leader for his son, Rene, in 
Pack 25. Since then he has served as Webelos den leader and cubmaster. 
In 4 years, Rene has served on Cub Scout Day Camp staff, Cub Adventure 
weekend staff, Pinewood Derby staff, Scoutorama staff, and the district 
training team. He has also served as a unit commissioner and assistant 
district commissioner, the round-up staff, and participated in multiple 
Scoutreach recruitments initiatives the last 4 years.
  Sue has been involved in Scouting for 7 years, beginning with serving 
as assistant tiger cub den leader in Pack 5 for her oldest son. Since 
then she has served as den leader, assistant den leader, Webelos den 
leader, assistant Webelos den leader, assistant cubmaster, assistant 
scoutmaster, and troop committee member.
  The Boy Scouts of America continue their tradition of providing 
quality programs for boys and young men. I am proud of all three 
parents for taking an active role in lives of our youth. These parents 
serve as shining examples of love and duty in our communities.

                          ____________________




             HONORING THE FORREST HIGH SCHOOL MARCHING BAND

                                 ______
                                 

                            HON. BART GORDON

                              of tennessee

                    in the house of representatives

                       Tuesday, January 22, 2008

  Mr. GORDON of Tennessee. Madam Speaker, today I rise to recognize the 
Rocket Band of Blue of Forrest High School in Chapel Hill, TN, for 
winning the Division I State Championship. The Rocket Band of Blue's 
field commanders were also state champions, and the band took first 
place each for soloist baritone, high music, and high visual.
  The Governor's Cup, the championship trophy they received, is one of 
many accolades the marching band has earned this year. The Rocket Band 
of Blue is the Grand Champion

[[Page 610]]

of the Montgomery Central Marching Contest, the Trousdale County 
Marching Band Yellow Jacket Invitational, and the Highland Rim Marching 
Contest. The band received a superior rating at the Middle Tennessee 
School Band and Orchestra Association Marching Festival and third place 
at the Mid-South Marching Invitational.
  I am sure it must be very gratifying to the students, staff, parents, 
and supporters to see the rewards of countless hours of practice. I 
congratulate the Rocket Band of Blue on their accomplishments and wish 
them continued success in the future.
  I commend the 2007 Rocket Band of Blue: Madeline Bell, Kimber Luna, 
Taylor Blanchett, Crystal Cannon, Rachael Harris, Kim Meachem, Brooke 
Russell, Caleb Boone, Lauren Fatherly, Tyler Hargrove, Tyler Mierecki, 
Tyler Williams, Jared Blanchett, Paul Caraglio, Matt Kline, Jana 
Bunkall, Jed Hall, Brittani Stewart, Bryan Hartley, Travis Ryder, 
Stacey Ryder, Stacey Byrd, Devin Barnes, Shawna Crafton, Brianna 
LaFleur, Sam Hartley, Sarah Stemple, Lindsay Gaskill, Jon Fleet, Josh 
Hall, Gunner Warlick, James Luna, Audra Mobley, Matt Cryer, Zach Brown, 
Megan Baker, Amber Scott, Katie Freeman, Chelsea Moore, Amber Barnes, 
Lauren French, Keisha Sherrill, Sara Lubieski, Reilly Rowland, Learyn 
Miller, Bethany Gamble, Taylor Herron and Jessie Baker.

                          ____________________




                        HONORING ELEANOR WRIGHT

                                 ______
                                 

                            HON. LOIS CAPPS

                             of california

                    in the house of representatives

                       Tuesday, January 22, 2008

  Mrs. CAPPS. Madam Speaker, today I rise to honor the memory of 
Eleanor Wright; a distinguished member of the Santa Barbara community. 
Eleanor's life was marked by service to our society and love for her 
family.
  Eleanor Wright, a native of Ohio and a longtime Santa Barbara 
resident, attended the Ethel Walker School and Bennington College where 
she earned a bachelor of arts degree in psychology. Over 50 years ago, 
she married Clifford Ramsey Wright Jr., who served honorably in our 
Nation's armed services.
  The Wrights moved to the Santa Barbara area in 1959. Immediately upon 
arrival, Eleanor proved herself to be a key leader in the community by 
advocating for social justice in a variety of fields. The Santa Barbara 
Mental Health Association, the Citizens Planning Association, the 
Family Service Agency, the Community Counseling Association, and the 
Santa Barbara Civil Service Commission benefited from Eleanor's 
tireless work on many of her committees. She also co-founded the 
Phoenix House of Santa Barbara, a facility designed to help mental 
health patients transition back into the community. In addition to her 
devotion through service, Eleanor supported a large number of community 
based action groups which work to make Santa Barbara a healthy and 
vital community.
  Eleanor's legacy will be remembered by her husband, 4 sons, daughter, 
12 grandchildren, 2 great-grandchildren, and all of her extended 
family. As a woman who committed her life to serving others, Eleanor's 
passing has been deeply felt by the many that were touched by her life. 
The Santa Barbara community will miss an invaluable community leader 
and a friend. Please join me in honoring this exemplary American.

                          ____________________




                HONORING THE RETIREMENT OF RAY ALEXANDER

                                 ______
                                 

                         HON. SOLOMON P. ORTIZ

                                of texas

                    in the house of representatives

                       Tuesday, January 22, 2008

  Mr. ORTIZ. Madam Speaker, I rise today to honor Mr. Ray Alexander on 
his retirement from KRGV television station in Weslaco, TX. His 
dedication to providing and bringing the news to the Rio Grande Valley 
has been an invaluable service.
  Mr. Alexander has served as general manager for KRGV for 26 years. 
During his time at the television station, KRGV has become a leader in 
both national and local news, covering the most important stories and 
issues of the Valley community. The station has been honored with 
several regional Edward R. Murrow awards, one National Edward R. Murrow 
award and an Emmy award. The station has also received the Texas 
Association of Broadcasters Bonner McClain Award.
  The tremendous responsibility of managing a TV station has not 
stopped Mr. Alexander from serving in civic affairs. He has served in 
leadership positions for both the National Association of Broadcasters 
and Texas Association of Broadcasters. He won two of the Texas 
Association of Broadcasters' most prestigious awards--``Broadcaster of 
the Year'' in 1988 and the ``Pioneer of the Year'' in 2002.
  Mr. Alexander has also gained prominence for his community and 
charitable work. He has dedicated much of his time to the South Texas 
Chapter of the United Way; the McAllen, TX chapter of the Boys and 
Girls Club; and won the Easter Seals Society Rio Grande Valley Chapter 
``Humanitarian of the Year'' in 2001.
  As the area continues to grow and face new challenges, it is 
important to always have dedicated journalists to better inform our 
citizens. I have had a great working relationship with Mr. Alexander 
and KRGV throughout my congressional career. As Mr. Alexander moves on, 
I look forward to working with KRGV in the future in keeping our 
community abreast of the important issues.
  There is no doubt that Mr. Alexander will continue to be an 
inspirational leader in south Texas. I wish him and his family the best 
as he moves on to another fulfilling chapter in his life.

                          ____________________




   INTRODUCTION OF LEGISLATION EXPANDING SECTION 179 SMALL BUSINESS 
                               EXPENSING

                                 ______
                                 

                           HON. WALLY HERGER

                             of california

                    in the house of representatives

                       Tuesday, January 22, 2008

  Mr. HERGER. Madam Speaker, in Congress's rush to enact some manner of 
short-term economic stimulus, we should not lose sight of the bigger 
picture, that is, that the long-run prosperity of the American worker 
and his or her family depends on sustained and not one-time economic 
growth. In general, while economic growth is dependent on many factors, 
one of its chief determinants is certainty and predictability. It is 
for this reason that I believe we must act now to extend the critical 
tax relief of the last 6 years. Industry is already making operational 
decisions today based on the business environment of tomorrow, and it 
is troubling to think that, absent any signals from Washington to the 
contrary, they are expecting tax increases. It is also time to focus 
our attention on other elements of our long-term economic prosperity, 
and that includes America's competitive position relative to our 
largest global competitors. I am concerned that we have some of the 
highest business taxes among the top economies in the world. This is 
something that we must work to change if we hope to compete in the 21st 
century.
  One of our country's most valuable assets is our workforce, and 
fostering the continued competitiveness of this asset is a growing 
challenge. This is one of the reasons I support small business 
expensing, both as a short-term and long-term tax policy. Workers grow 
and learn on the job, underscoring the critical importance of 
businesses keeping their doors open and expanding. Nearly two-thirds of 
all new job creation in the U.S. comes from small businesses. In the 
context of an economic stimulus, increasing small business expensing 
limits would help keep workers employed and even create new jobs as our 
country weathers an uncertain economic time.
  How does small business expensing help? Second, when facing slower 
economic growth, and the potential for job loss, expensing frees up 
potentially affected businesses from spending so much of their cash 
flow on overhead, therefore enabling them to retain existing workers, 
hire new workers, and focus on expansion rather than just staying 
afloat. Expensing makes this possible by allowing companies to write-
off 100 percent of new, otherwise depreciable assets immediately.
  While my legislation would grant a short-term increase in the current 
law expensing limits, expensing makes for good long-term investment-
focused tax policy as well. I look forward to working with others in 
the House and Senate to approve this measure, and continue the debate 
over long-term tax policies that really get at the bedrock of America's 
economic growth.

                          ____________________




 COMMEMORATING ``MR. MENDOCINO'' JOHN A. PARDUCCI FOR HIS OUTSTANDING 
           CONTRIBUTION TO THE MENDOCINO COUNTY WINE INDUSTRY

                                 ______
                                 

                           HON. MIKE THOMPSON

                             of california

                    in the house of representatives

                       Tuesday, January 22, 2008

  Mr. THOMPSON of California. Madam Speaker, I rise today to honor a 
legendary grape grower, winemaker and friend on the

[[Page 611]]

occasion of his 90th birthday. John Angelo Parducci has been in the 
wine business in Mendocino County for more than seven decades.
  His contributions to the wine industry in Mendocino County, as well 
as to all of northern California, have helped one of the region's most 
important agricultural products grow to international acclaim. His 
lifelong commitment began at an early age.
  The grandson of an Italian immigrant, John Parducci is a third 
generation winemaker. He was born on January 22, 1918, to Adolph 
Parducci and Isabella Katherine Lucchetti Parducci in the same house 
where his mother had been born, just south of the Mendocino County 
line. Adolph moved his family to Ukiah, and at about the same time 
Prohibition began, built Parducci Winery, the oldest in Mendocino 
County.
  In 1933, 14-year-old John accompanied 40 train carloads of grapes his 
family was shipping to the east coast. When he returned to Ukiah, he 
took part in the first of a lifetime of grape harvests. He filled jugs 
from magnificent 50-gallon redwood tanks, some of which still exist at 
the old winery. Parducci was the first to bottle and label varietal 
wines in Mendocino County, the first to use Anderson Valley on a label 
and the first to promote Mendocino winemaking around the country.
  In 1937, John Parducci married the love of his life Margaret Louise 
Romer. They had two sons. In 1960 he took over the winery from his 
father and continued with his passionate and opinionated quest to make 
great wine at an affordable price. The original Parducci Winery was 
recently purchased by the Mendocino Wine Company, which continues the 
label.
  Not one to retire, however, in 1999, John Parducci and his grandson 
Rich, started McNab Ridge Winery in the pristine McNab Valley, where 
John hunted deer, turkey, and wild pigs in his younger years. His 
winemaking legacy continues under the McNab Ridge and John A. Parducci 
Signature Heritage Series labels.
  Accolades and honors have poured in over the years. In 2003 he was 
awarded the California State Fair Lifetime Achievement Award. He has 
been America's Ambassador of Wine, recognized by the Wine Institute, 
and named winemaker of the year by the Los Angeles County Fair, the 
North Coast Knights of the Vine, the City of Los Angeles, and the Texas 
Knights of the Vine.
  Over the years John has found time to give service to the community 
through his membership in the Masons, Rotary and Shriners in Ukiah. In 
1999 he received the prestigious Norman Lippman Award in Nashville for 
his community service as well as his winemaking.
  Madam Speaker and colleagues, John Parducci has earned the admiration 
and respect of his peers and left a positive legacy for the future of 
winemaking not only in Mendocino County, but all across our country. 
For these reasons, it is appropriate that we honor Mr. Mendocino--John 
Parducci.

                          ____________________




                 RECOGNIZING JOHN BRENNAN FROM NEW YORK

                                 ______
                                 

                         HON. MICHAEL A. ARCURI

                              of new york

                    in the house of representatives

                       Tuesday, January 22, 2008

  Mr. ARCURI. Madam Speaker, I rise today in recognition of John 
Brennan, a resident of my congressional district in upstate New York, 
and his extraordinary record of service for World War II veterans.
  In the spring of 2004, John formed a committee with the goal of 
giving World War II veterans from Herkimer County, New York, a historic 
once-in-a-lifetime opportunity to see the World War II Memorial in 
Washington, DC. The first 3-day, 2-night trip was in September 2004, 
and two more followed in May and September 2005. In total, 
approximately 190 Herkimer veterans traveled to DC. These all-expense 
paid trips, financed entirely by private donations, are believed to be 
the first of their kind in the Nation. Because all of their expenses 
were covered, every veteran who wanted to, and was physically able, 
made the trip.
  In 2007, he was approached about duplicating the Herkimer project for 
the World War II veterans from Oneida County, New York. In the course 
of four trips, more than 400 Oneida veterans made the journey to 
Washington. After the Hamilton County, New York, legislature contacted 
John, 17 World War II veterans from Hamilton joined the last Oneida 
trip.
  The son of James and Grace Brennan, John was born and raised in 
Cohoes, New York. He graduated cum laude from Siena College and Albany 
Law School. Currently, he is employed as the principal law clerk for 
Michael E. Daley, the State Supreme Court Justice for Herkimer County.
  In addition to his work for veterans, John's service to the community 
includes organizing the Oneida and Herkimer Counties Bar Associations' 
participation in the Herkimer County Marine Corps League's Holly Days 
Toy Drive and serving as an assistant coach in the Herkimer Youth 
Basketball Program. He is also active in many community associations, 
including serving as the vice-chair of the Valley Health Services board 
of directors and on the advisory boards of the Herkimer County 
Salvation Army and the Herkimer County Child Advocacy Center. In 
addition, he is on the district council of the Boy Scouts of America, 
Revolutionary Trails Council and the Herkimer County Law Library Board.
  John has been the recipient of numerous awards for his commitment to 
the community. He has received the Oneida County Bar Association 
Director's Award, the Mohawk Valley Chapter of the American Red Cross's 
Volunteer Leadership and Faithful Service Awards and the New York State 
Unified Court System's Merit Performance Award for Community Service 
and Humanitarian Pursuits. Veterans' organizations, including the 
Herkimer Veterans of Foreign Wars Post #4915, the Herkimer County 
Veterans Council and the Ilion Marine Corps League, have also 
recognized his work with awards.
  John's exceptional dedication to veterans is to be commended. Thank 
you, John, for all you have done.

                          ____________________




                    35TH ANNIVERSARY OF ROE v. WADE

                                 ______
                                 

                       HON. STEPHANIE TUBBS JONES

                                of ohio

                    in the house of representatives

                       Tuesday, January 22, 2008

  Mrs. JONES of Ohio. Madam Speaker, I rise today to celebrate the 35th 
Anniversary of the Supreme Court decision Roe v. Wade. Since 1973, 
women in this country have exercised choice over their health and the 
future of their lives. Celebration of this landmark decision is a 
celebration of America's commitment to uphold freedom and liberty for 
all.
  According to the National Abortion Federation, abortion was actually 
legal, common, and publicly advertised until the mid 1880s. When 
abortions became illegal, many women died or suffered serious medical 
problems after attempting to self-induce their abortions or by going to 
untrained practitioners who performed abortions with primitive methods 
or in unsanitary conditions. Prior to this 1973 decision, women with 
economic means were able to access medical assistance, (however 
illegal) while poor women in desperation were forced to subject 
themselves to back-alley abortions and the subsequent consequences to 
health, dignity, and privacy. According to the advocacy group Human 
Rights Watch, approximately 13 percent of maternal deaths worldwide 
today are attributable to unsafe abortion--between 68,000 and 78,000 
deaths annually.
  Equitable access to safe abortion services is first and foremost a 
human right. It has been accurately stated, ``Where abortion is safe 
and legal, no one is forced to have one''--Human Rights Watch. Having a 
choice and access to a safe abortion is an enormous concern, estimated 
to affect one in three American women by the age of 45--National 
Abortion Federation.
  In many countries, the denial of reproductive choices makes women 
succumb to second rate citizenship, further perpetuating the 
feminization of poverty. Where women are able to exercise choice, they 
are in control of their opportunities without intrusion by their 
government. Any restriction on such a choice offends fundamental 
liberties.
  The social, economic and physical consequences of denying women 
choice are devastating. Because of our global position as a model of 
democracy and freedom, it is imperative that we stand to acknowledge 
this decision of the Supreme Court that affirms women's jurisdiction 
over their bodies and extends the message that the United States is a 
country which affirms reproductive choice. May we forever remain a 
Nation that does not corner its citizens, but rather respects their 
capacity to make decisions over their health and future pursuits.

[[Page 612]]



                          ____________________




            TRIBUTE TO LIEUTENANT GENERAL JAMES L. CAMPBELL

                                 ______
                                 

                          HON. JOHN M. McHUGH

                              of new york

                    in the house of representatives

                       Tuesday, January 22, 2008

  Mr. McHUGH. Madam Speaker, I take this opportunity today to honor LTG 
James L. Campbell for his long and distinguished service in the United 
States Army. I have had the privilege to know General Campbell since 
1999 when he commanded the Army's famed 10th Mountain Division (Light 
Infantry) at Fort Drum in my 23d Congressional District.
  LTG James L. Campbell will officially retire from the United States 
Army on March 1, 2008, after more than 36 years of dedicated service to 
our Nation, culminating in his assignment as the 13th Director of the 
Army Staff. Throughout his career, General Campbell has personified the 
Army values of duty, integrity, and selfless service across the many 
missions the Army provides in defense of our Nation. Many of us on 
Capitol Hill have enjoyed the opportunity to work with General Campbell 
on a wide variety of Army issues and programs, and it is my privilege 
to recognize his many accomplishments.
  Upon graduating from the University of Missouri in 1971 and 
completing the Reserve Officer's Training Corps program, General 
Campbell was commissioned as a second lieutenant of infantry. Since 
that time, he received two advanced degrees and served in a variety of 
command and staff assignments, leading men and women in peace and war 
in places like Somalia, Haiti, and Bosnia-Herzegovina. As the leader of 
a joint task force in Vietnam, Laos, and Cambodia, General Campbell 
helped account for America's missing service personnel from the Vietnam 
war. For the past 3 years, General Campbell has served as Director of 
the Army Staff, responsible for synchronizing the day-to-day operations 
of America's 1.2 million-person Army. He has proven himself a 
tremendous wartime leader who has demonstrated unselfish devotion to 
our Nation and the soldiers he leads.
  General Campbell has led the Army Staff during one of the most 
challenging periods in the Army's history. He directed the Army's 
efforts to transform and modernize the force and implement the largest 
Base Realignment and Closure in history all during a time of war. His 
efforts were instrumental in leading the staff through monumental 
change in the way the Army sustains, transforms, grows, and modernizes. 
This complex effort established standard organizational designs more 
relevant to current operational requirements and significantly 
increased the Army's capability to support Combatant Commanders.
  Among his many awards and decorations are the Distinguished Service 
Medal, Defense Superior Service Medal with 1 Oak Leaf Cluster, Legion 
of Merit with 2 Oak Leaf Clusters, Bronze Star, and Meritorious Service 
Medal with 3 Oak Leaf Clusters.
  Indeed, through these varying assignments, Lieutenant General 
Campbell has provided outstanding leadership, advice, and sound 
professional judgment on numerous critical issues of enduring 
importance to the Army and our Nation. His actions and counsel were 
invaluable to Army leaders as they considered the impact of critically 
important issues.
  Madam Speaker, it is with sincere admiration and appreciation that I 
pay tribute to General Campbell, his wife, Carol, and their two 
children, Scott and Casey, for the commitment, sacrifices, and 
contributions that they have made throughout his honorable military 
career. I thank General Campbell for his more than 36 years of 
dedicated and exceptional service and wish him many years of continued 
success and happiness.

                          ____________________




                       TRIBUTE TO JOANIE HELGESEN

                                 ______
                                 

                           HON. ROBERT WEXLER

                               of florida

                    in the house of representatives

                       Tuesday, January 22, 2008

  Mr. WEXLER. Madam Speaker, I rise today to honor Joanie Helgesen for 
winning the title of Ms. Florida Senior America 2007. A constituent of 
mine from Boynton Beach, Ms. Helgesen proudly represents the entire 
senior community of Florida, and I am honored that she resides within 
my congressional district.
  The Ms. Senior America Pageant first began in 1971 and has since been 
expressing the many wonderful qualities of aging. As a prime 
representation of senior activism in America, the Ms. Senior America 
Pageant's philosophy is based upon the belief that seniors are the 
foundation of America, and that it is upon their knowledge, experience 
and resources that the younger generation has the opportunity to build 
a better society. As a representative of one of the largest senior 
communities in America, I share this philosophy and acknowledge the 
importance of seniors in the development of our youth and our 
communities as a whole.
  Joanie Helgesen moved to Florida 4 years ago, and in that short time 
has been very active in the community. She is a tap dancer, showgirl 
and harpist with the Original Florida Follies, a non-profit 
organization of 50 performers, ages 60 to 90, who present spectacular 
stage extravaganzas each winter season with proceeds going to children 
in need and at risk in south Florida. She also does commercial modeling 
and is an animal lover who rescues homeless and neglected animals. A 
mother of two daughters and five grandchildren, Joanie believes life 
begins at 60, and she is making the most of her golden years.
  I am proud to recognize Joanie Helgesen for being named Ms. Florida 
Senior America 2007; she is well deserving of this title and is a great 
representative of the senior community in south Florida.

                          ____________________




                       TRIBUTE TO CHARLES E. HAAS

                                 ______
                                 

                       HON. SHELLEY MOORE CAPITO

                            of west virginia

                    in the house of representatives

                       Tuesday, January 22, 2008

  Mrs. CAPITO. Madam Speaker, I rise to honor a patriot and public 
servant, Charles E. Haas of Hurricane, WV for 39 outstanding years of 
service.
  Charles retired this month from the Office of Personnel Management 
Federal Investigative Services Division. His span of 39 years includes 
working for the United States Air Force with the Office of Special 
Investigations, the Defense Investigative Services, and finally the 
Federal Investigative Services in Charleston, WV.
  Charles is a true patriot who served with the West Virginia National 
Guard for 20 years, where he retired as Chief Master Sergeant in 2001. 
His commitment to serve our Nation and the personnel security mission 
as well as his high standards of character and professionalism are to 
be commended.
  I wish Charles E. Haas congratulations on his retirement and thank 
him for his service to our country and all his contributions to our 
great State.

                          ____________________




                        TRIBUTE TO KELVA NELSON

                                 ______
                                 

                            HON. GEOFF DAVIS

                              of kentucky

                    in the house of representatives

                       Tuesday, January 22, 2008

  Mr. DAVIS of Kentucky. Madam Speaker, I rise this evening to honor 
27-year teaching veteran Kelva Nelson, who is a second grade teacher at 
Crabbe Elementary School in Ashland, KY.
  Kelva was chosen by the U.S. Department of Education to receive the 
prestigious 2007 American Star of Teaching Award from Kentucky. Across 
the Nation, one teacher was chosen from each State to receive the 
American Star of Teaching Award, which recognizes dedication and 
innovation in the classroom.
  As a teacher at Crabbe Elementary, Kelva believes that all of her 
students can achieve. Each day, she enters the classroom with 
enthusiasm to teach. Her innovative teaching style and imagination have 
brought learning to life for the many students that have entered her 
classroom. I applaud her commitment to educating the next generation of 
Kentuckians. I am extremely proud of Kelva and her tremendous 
professional accomplishments.

                          ____________________




           RECOGNIZING DAN BEARD, ``GREENING OF THE CAPITOL''

                                 ______
                                 

                             HON. SAM FARR

                             of california

                    in the house of representatives

                       Tuesday, January 22, 2008

  Mr. FARR. Madam Speaker, Members of the House, I rise today to 
recognize the great efforts by House Chief Administrative Officer Dan 
Beard to make the Capitol a more environmentally sustainable workplace. 
Mr. Beard has spearheaded the ``Greening of the Capitol'' initiative, a 
mission to make the millions of square feet of Capitol infrastructure a 
model of sustainability.
  From recyclable paper and energy-efficient light bulbs to cafeteria 
composting and sustainable seafood, Mr. Beard has re-imagined the 
Capitol complex as a new, greener place to work. I would like to convey 
my gratitude for

[[Page 613]]

his hard work and dedication and vow to continue as a partner toward 
this very worthwhile goal.
  I would like to submit for the Record an article appearing in the 
Washington Post on January 16, 2008. The article, written by Jane 
Black, reviews many of the excellent improvements Mr. Beard has brought 
about in our cafeterias.

       On Capitol Hill, a Vote for Edibility and the Environment

       Congress is back in session this week, soon to tackle such 
     solemn matters as the destruction of CIA videotapes and the 
     credit crunch. But in the halls of the Longworth House Office 
     Building, much of the chatter is about another weighty 
     matter: the new cafeteria food.
       As staffers briskly walk the long corridors, they stop to 
     poke into Goodies, the renamed and renovated Longworth 
     Convenience Store, which now features organic chocolate along 
     with the old Cup O' Noodles. Or they peep into the rehabbed 
     Creamery, formerly Scoops ice cream parlor. The whole place 
     has an aura of curious excitement, like a college during 
     orientation week. (Then again, that may be because many of 
     the staffers look as if they could still be in school 
     themselves.)
       Since members departed for the winter recess, the House 
     cafeterias, which turn out 2.5 million meals a year, have 
     undergone extreme makeovers. Longworth Cafe, the largest in 
     the complex, was transformed first. Over the weekend of Dec. 
     15, the old salad bar was swapped for one made of sustainable 
     materials, ``green'' signs were installed and entrees such as 
     mystery meatloaf and mashed potatoes disappeared, replaced by 
     crispy chicken with goat cheese and spinach and a 
     ``panzanella'' station, where staffers can build a salad of 
     marinated figs, prosciutto and feta cheese.
       As of Monday, Restaurant Associates--the new contractor, 
     which also supplies food to the Kennedy Center and the 
     National Gallery--had also reopened the cafeterias in the 
     Rayburn and Cannon buildings and the Members' Dining Room.
       If only more congressional work were done as swiftly. The 
     changes are part of the larger Green the Capitol project, an 
     initiative of House Speaker Nancy Pelosi (D-Calif.) that aims 
     to make the House carbon neutral by the end of the session. 
     The dining service was a prime target, and not only because 
     of the 1950s-era food. Cafeteria waste accounted for half of 
     the estimated 250 metric tons of trash the House sends to 
     landfills annually. Now the plates, cutlery, cups--everything 
     except the soup and coffee lids--is compostable and turned to 
     pulp on-site. In addition, the cafeteria offers fair-trade 
     coffee, certified sustainable seafood and as much organic, 
     locally grown food as it can deliver.
       ``I don't know much about the greening, but the food is a 
     lot better,'' said Caitlin Lenihan, press secretary for Rep. 
     Brian Higgins (D-N.Y.), standing in line at the panzanella 
     station. ``I'd stopped coming a while back, but I've already 
     had the pizza and the barbecue. It's all improved.''
       Other staffers agreed, giving high marks to the quality and 
     variety of food. (And this reporter can vouch for their good 
     taste. The panzanella salad, while a far cry from the Italian 
     bread salad for which it is named, was fresh, and the Asian 
     shrimp wrap was nicely balanced by crunchy Napa cabbage and 
     carrot slaw in ginger dressing.)
       But the embrace of change, so touted on the campaign trail, 
     clearly has not quite filtered down to the aides who keep the 
     Capitol wheels in motion. Along with the praise came the 
     inevitable griping--off the record, of course.
       The No. 1 topic of complaint: that biodegradable cutlery. 
     ``Funky,'' ``wacky'' and ``weird texture'' were common 
     descriptions. Put too much pressure on the fork, several 
     staffers noted, and it snaps in half. ``I even hear the 
     spoons melt in hot drinks because they're made of 
     cornstarch,'' said one staffer. (A test of that claim proved 
     it was untrue: the first cafeteria urban legend.)
       Complaint No. 2: the prices. Under particular scrutiny by 
     caffeine-fueled aides were the bottles of Starbucks 
     Frappuccino. One staffer was so incensed that he e-mailed his 
     friends a chart illustrating how the new $3.30 price is 47 
     percent higher than the $2.25 the bottles sold for in the old 
     cafeteria and 4.8 percent higher than the approximately $3.15 
     they sell for in Starbucks stores. ``The wraps are more 
     expensive,'' said a Republican aide. ``The main entrees are a 
     little more. I'm not sure about the pizza, because I never 
     would have eaten the pizza before.''
       A reasonable complaint--if it were true. With the exception 
     of those Frappuccinos, the price hike is in their heads, says 
     Aidan Murphy, Restaurant Associates' vice president of 
     operations. All like items cost the same, he said; only new 
     dishes, such as those from the twice-weekly sushi station, 
     are more expensive than items on the old menus.
       And predictably, there was a resistance to change itself. 
     ``This is an improvement, but there are little quirks you 
     have to get used to,'' said one senior Democratic staffer who 
     visits the cafeteria every day. ``I used to get this yogurt 
     in the morning. They don't have it anymore. They have organic 
     yogurt, which I don't want.''
       The green efforts are ``generally a good thing, and we 
     support it,'' the aide said. ``But I'm still a little focused 
     on what happened to my Dannon.''

                          ____________________




                          PERSONAL EXPLANATION

                                 ______
                                 

                     HON. LOUISE McINTOSH SLAUGHTER

                              of new york

                    in the house of representatives

                       Tuesday, January 22, 2008

  Ms. SLAUGHTER. Madam Speaker, I was unavoidably detained and missed 
Rollcall vote 18. Had been present, I would have voted ``aye'' on 
rollcall No. 18.

                          ____________________




              ``RETRO PAY'' FOR DISABLED RETIREE VETERANS

                                 ______
                                 

                        HON. DENNIS J. KUCINICH

                                of ohio

                    in the house of representatives

                       Tuesday, January 22, 2008

  Mr. KUCINICH. Madam Speaker, I wish to submit to the Congressional 
Record an article dated December 19, 2007 summarizing the plight of 
many of our Nation's veterans as they wait for their benefits.

                 [From the Plain Dealer, Dec. 19, 2007]

  DFAS Says Hiring To Clear Backlog of Disabled Vets' benefits Claims

                           (By Sabrina Eaton)

       Washington.--The federal agency that processes pay for 
     military retirees pledged Tuesday that its contractor will 
     hire an extra 61 workers in Cleveland to clear a backlog of 
     more than 48,000 benefit claims from veterans who are 
     disabled by combat injuries.
       The director of the Defense Finance and Accounting Service 
     promised Cleveland Democratic Rep. Dennis Kucinich that the 
     backlog of claims--some of which date to 2003--will be 
     eliminated by April with the extra push from contractor 
     Lockheed Martin.
       ``Federal benefits are meaningless if the intended 
     beneficiaries do not receive them,'' said Kucinich, who 
     called it a ``tragedy'' that so many veterans have waited for 
     years to get money they're entitled to under a pair of 
     programs for disabled veterans.
       The payments stem from a law enacted in 2003 that ended a 
     ban on veterans simultaneously receiving military retirement 
     pay and disability compensation for health problems traceable 
     to military service. Before 2003, veterans had to choose.
       Disabled veterans have to apply for the simultaneous 
     payments under the ``Combat-Related Special Compensation'' 
     and ``Concurrent Retirement and Disability Pay'' programs. 
     After they are approved, veterans can get back pay to the 
     date their eligibility began.
       DFAS and the Department of Veterans Affairs have already 
     processed more than 130,000 of the cases and paid out more 
     than $220 million, says DFAS spokesman Thomas LaRock. Average 
     payments to veterans under the program have been $1,700, he 
     said.
       LaRock said the easiest claims were handled first. The 
     more-complex cases were delayed because they require manual 
     computations. He said many of them are affected by special 
     circumstances, like changes in the veterans' disability 
     level.
       ``These are complicated cases that are left, and we are 
     processing them as soon as we can,'' agreed Lockheed Martin 
     spokeswoman Emily Simone.
       One of the many veterans who has been lobbying DFAS, 
     retired Army pilot Wavie Sharp of San Antonio, Texas, says 
     payments have been handled in a ``painfully slow manner,'' 
     and he noted that some older veterans have died waiting for 
     their money. He blames the problems on DFAS for failing to 
     demand progress from Lockheed Martin until Kucinich 
     intervened.
       ``I'm angry,'' said Sharp, who figures he is personally 
     owed between $10,000 and $31,000. ``They've been dragging 
     their feet for four years. This is a long time to ask for 
     patience. Thank God for Mr. Kucinich. Everyone else gave us 
     lip service.''

                          ____________________




                      NATIONAL SECURITY CHALLENGES

                                 ______
                                 

                        HON. ILEANA ROS-LEHTINEN

                               of florida

                    in the house of representatives

                       Tuesday, January 22, 2008

  Ms. ROS-LEHTINEN. Madam Speaker, the critical national security 
challenges the U.S. faces throughout the Western Hemisphere demand our 
support of strong allies, like Colombia, in the region. The historic 
ties between the U.S. and Colombia have only deepened in recent years 
as our cooperative efforts to surmount security, economic and social 
concerns have intensified.
  With this in mind, I would like to offer my warmest congratulations 
to Captain Hernando

[[Page 614]]

Wills on the occasion of his promotion to Rear Admiral of the Colombian 
National Navy.
  The following excerpts from Colombian Ambassador Carolina Barco's 
remarks highlight the significance that Rear Admiral Wills' promotion 
holds for the U.S.-Colombia relationship.

       The relations between the United States and Colombia are 
     not only their oldest in this continent, they also reflect a 
     great understanding between our nations. Our relations 
     encompass important historical events, such as the deployment 
     in 1951 of the frigate Almirante Padilla and the Batallon 
     Colombia to fight for democracy in Korea alongside U.S. 
     Forces. Colombia was the only Latin American country to 
     deploy troops in that multinational force, which cost the 
     lives of 146 countrymen, with 69 missing and 448 wounded in 
     combat. The participation of our soldiers in the peace 
     keeping forces at the Suez Canal in 1956, the deployment of 
     the Batallon Colombia since 1982 with the peace forces in the 
     Sinai Peninsula, and innumerable episodes, give faith to the 
     integration of our peoples under the flags of democracy and 
     respect for human dignity.
       I want to highlight this year as particularly fruitful for 
     the joint work of the Navies of Colombia and the United 
     States: their participation in important exercises such as 
     UNITAS and PANAMAX, the first focused on standardizing 
     procedures among the navies of the hemisphere and to maintain 
     a level of training that will permit a joint defense of this 
     continent, and the second with the purpose of organizing a 
     defense of the Panama Canal.
       Because of the nature of our peoples, military action goes 
     beyond defense, successfully engaging in humanitarian 
     endeavors, such as the deployment of the U.S. Navy's hospital 
     ship Comfort to the Colombian coast providing medical 
     attention to thousands of beneficiaries, and the joint 
     participation of Colombia in the Joint Inter-Agency Task 
     Force South in Key West, and the engagement of Colombian 
     river operations' experts training U.S. Navy personnel for 
     their future responsibilities in Afghanistan.
       For all the aforementioned, the decision of the Colombian 
     Government to promote Captain Hernando Wills to the rank of 
     Rear Admiral is not an isolated event: it compliments the 
     experiences of an inured sailor with the doctrine of National 
     Defense University to defeat narco-terrorism, strengthen 
     democracy, and return to Colombians the possibilities of 
     development in peace, under the mandate of profound respect 
     for human dignity clearly stated in the National 
     Constitution.

                          ____________________




               CONSUMER PRODUCT SAFETY MODERNIZATION ACT

                                 ______
                                 

                        HON. CHARLES A. GONZALEZ

                                of texas

                    in the house of representatives

                       Tuesday, January 22, 2008

  Mr. GONZALEZ. Madam Speaker, I rise today to commend the chairman and 
ranking member and my colleagues for their efforts on behalf of H.R. 
4040. This hard work and dedicated service has produced a strong, 
bipartisan Consumer Product Safety Modernization Act. Congress and the 
American people can be proud of this significant and needed 
accomplishment.
  While this legislation includes many important reforms of the 
Consumer Product Safety Commission, and I strongly support its passage, 
the bill does not address one important issue that I think deserves 
further attention in any House-Senate Conference Committee 
deliberations. That issue involved the labeling or packaging of a 
product which may reference a product safety standard. It is important 
we address this issue for the well-being and safety of our citizens.
  In some cases a product may bear a label or packaging material 
referencing a safety standard, when the product was not tested or 
certified to meet the standard listed on the label or packaging. This 
deceptive labeling can be a grave threat to the safety of many consumer 
products on the market, and must be addressed as part of this 
comprehensive legislation.
  I hope that as this important piece of legislation moves its way 
through the Conference Committee process we will further examine and 
address this labeling and packaging issue.

                          ____________________




                          PERSONAL EXPLANATION

                                 ______
                                 

                            HON. ADAM SMITH

                             of washington

                    in the house of representatives

                       Tuesday, January 22, 2008

  Mr. SMITH of Washington. Madam Speaker, on January 16, 2008, on 
Rollcall vote No. 8, during consideration of H.R. 2768, Supplemental 
Mine Improvement and New Emergency Response Act of 2007, I incorrectly 
voted ``aye,'' when I intended to vote ``no.''

                          ____________________




                     HONORING DR. NANCY J. NIELSEN

                                 ______
                                 

                       HON. SHELLEY MOORE CAPITO

                            of west virginia

                    in the house of representatives

                       Tuesday, January 22, 2008

  Mrs. CAPITO. Madam Speaker, I rise today to extend congratulations to 
the newly elected President of the American Medical Association, Dr. 
Nancy J. Nielsen, who hails from the Mountain State.
  Dr. Nancy J. Nielsen is the first West Virginia native and second 
female to hold the prestigious post. She is originally a native of 
Elkins, WV, located in Randolph County and completed her undergraduate 
education in pre-medicine at West Virginia University.
  She has a doctorate in microbiology from Catholic University of 
America and received her medical degree from University of Buffalo 
where she currently serves as senior associate dean for medical 
education for the school of medicine.
  Dr. Nielsen is always proud to mention her West Virginia roots to her 
friends and colleagues. She maintains her ties to the State by serving 
on the Board of Advisers to the WVU School of Medicine.
  She always makes time for family despite her busy teaching and travel 
schedule. Her mother, Anne Harshbarger, lives in Elkins and her 
children, Kristen Bartnik, Robin, David, Kevin Nielsen lives in New 
York and her son. Mark Nielsen, lives in Washington, DC. She is the 
proud grandmother of 7 grandchildren.
  It is an honor to recognize Dr. Nancy J. Nielsen as a trailblazer 
among women for her accomplished career and leadership roles in the 
medical profession. West Virginia is proud to call her one of our own.

                          ____________________




  A TRIBUTE TO THE NEWLY RETIRED ARTHUR BARNES, A PROUD SON OF HARLEM

                                 ______
                                 

                         HON. CHARLES B. RANGEL

                              of new york

                    in the house of representatives

                       Tuesday, January 22, 2008

  Mr. RANGEL. Madam Speaker, I rise today, as we approach his 
retirement, to recognize the exemplary career of Arthur Barnes, who 
culminates a career marked by glowing accomplishment and triumph. He, 
this year, ends an illustrious 15-year stint as the Health Insurance 
Plan of New York's senior vice president for external affairs and 
corporate contributions--there, successfully pursuing with great energy 
and imagination the promoting of the health and well-being of the 
diverse New York community. Under his direction, the HIP generously 
doled out aid--in the form of grants, scholarships, contributions, 
sponsorships, and in-kind services--to those nonprofit organizations 
actively working to improve the quality of life for New York City 
residents. Through his efforts, Arthur Barnes empowered community 
organizations to make a substantive contribution to the education of 
people who were previously unaware of how they could positively affect 
their well-being through preventative behavior. This working 
partnership stands as Arthur's perhaps greatest legacy. It is that 
legacy of selfless service to the greater good that Arthur leaves 
behind for all to emulate.
  He ably served in an array of influential posts before arriving at 
HIP: Presiding over the New York Urban Coalition as its leader and CEO 
for 20 years, becoming a vice president at the Institute for Mediation 
and Conflict Resolution, and rising from file clerk to vice president 
of administration over a 21-year period at Consolidated Mutual 
Insurance Companies. His commitment to philanthropy remains a pillar of 
his public work, serving on the volunteer boards of Black Agency 
Executives, Associated Black Charities, and New York City Partnership, 
which he helped found.
  A native son of Harlem, he has remained loyal and true to his home. 
But the benefits of his efforts are far-reaching and innumerable.

                          ____________________




                          HONORING THOR HESLA

                                 ______
                                 

                             HON. DAVID WU

                               of oregon

                    in the house of representatives

                       Tuesday, January 22, 2008

  Mr. WU. Madam Speaker, America has lost a great public servant. Thor 
Hesla died in Kabul, Afghanistan last night, a victim of the Taliban.
  That Thor should pass at the hands of religious extremists is perhaps 
one of the great

[[Page 615]]

ironies of life because he was such a strong proponent of the humane, 
human virtues in life. He worked in tough places, tough jobs in 
America, in Kosovo, in Afghanistan, always promoting peace, democracy, 
and the general public welfare. He worked so many hard, dangerous jobs, 
and he was such a colorful person that he was larger than life. And I 
guess there are some of us who came to believe that the bullets would 
always go around him, and in his own particularly human way, Thor had 
become a touch immortal.
  I owe him a deep debt of friendship and gratitude. He was my 1998 
campaign manager, and we won a hard-fought campaign under his 
leadership. But that was the least of it. It was what he did 
afterwards. His friendship, his support, and his wise advice, which I 
was sometimes wise enough to accept, that was what for me set him apart 
and built our deep relationship. And I believe that there are hundreds 
of people across this country and perhaps thousands of people around 
the world who similarly feel this bond of friendship and this debt of 
gratitude to Thor. America and the world are better for his life and 
his work.
  Earlier, I used the word ``victim'' in connection with Thor: And I 
misspoke, because Thor was no one's victim. He chose his life, he chose 
his work, and he chose Kabul.
  Because of events earlier during the recess, I had an opportunity to 
speak with my son about life and its end. And while there are many ways 
to live well, to live a good life, there are few, if any, good ways to 
pass on. But if there are any, it is to pass on in the company of 
friends and family or to pass on for a cause. Now, Thor wasn't with his 
family in Atlanta or here in Washington, his sister, his brother-in-
law, his niece and nephew, or his father; but he was with a family and 
a circle of friends, the family of those who care, the friends of those 
who care for others and who care to risk for others. He died in the 
cause of ringing some small measure of peace, prosperity, and democracy 
to those who are in dire need of those things.
  So tonight we mourn, we remember, we celebrate the lilt of Thor 
Hesla. America has lost a fine public servant, but he is now a public 
servant for all those in all the ages who care to remember those who 
care and sacrifice for others.

                          ____________________




                          HONORING SANDY DUNN

                                 ______
                                 

                       HON. SHELLEY MOORE CAPITO

                            of west virginia

                    in the house of representatives

                       Tuesday, January 22, 2008

  Mrs. CAPITO. Madam Speaker. I rise today to honor the accomplishments 
of Sandy Dunn, who was recently named the 2008 president of the 
National Association of Home Builders; making her the first West 
Virginian and the second female to serve as president of the 
association.
  A native of Mason County, West Virginia, Sandy followed in her 
father's footsteps by pursuing an interest in public service and taking 
over their family business, B.J. Builders founded by her father in 
1947. In 1974, she additionally opened her own small business, 
Homestead Realty that grew into the county's largest realty agency.
  While remaining dedicated to her community, Sandy emerged in the 
homebuilding industry as an affective leader with a reputation as a 
consensus builder. She owes her success to open communication and 
listening to the concerns of the industry within her state and across 
the nation.
  Her previous experience within the homebuilding industry led her to 
her current post as president of the National Association of Home 
Builders. She has been active with the organization for 30 years, where 
she began on the local level gaining leadership positions, later served 
as president of the West Virginia Association of Home Builders for 2 
years, and also served twice as vice president of the national 
association. She has received numerous honors including the 1997 Henry 
E. King Award, the highest statewide honor and was named National 
Representative of the Year in 1998.
  It is an honor to represent such an accomplished, female leader who 
serves the needs of the homebuilding industry on the national front, 
while always maintaining her dedication to her community of Mason 
County. I am proud to call Sandy Dunn, a friend and a fellow West 
Virginian.

                          ____________________




                       INTRODUCTION OF H.R. 5087

                                 ______
                                 

                         HON. HARRY E. MITCHELL

                               of arizona

                    in the house of representatives

                       Tuesday, January 22, 2008

  Mr. MITCHELL. Madam Speaker, earlier today my colleague Dr. Ron Paul 
and I introduced H.R. 5087, the Stop the Congressional Pay Raise Act of 
2008, to block the automatic pay raise Members of Congress are 
scheduled to receive next year.
  As you may recall, I introduced a similar bill last year seeking to 
prevent an automatic pay raise for Members of Congress from taking 
effect this year.
  Unfortunately, despite the support of 29 cosponsors, last year's bill 
failed to reach the floor, As a result, every Member is now receiving 
$169,300 this year, a $4,100 increase from last year.
  Madam Speaker, the American people didn't get a $4,100 pay raise this 
year. I do not know how in good conscience we, as their Representatives 
in Congress, can accept one.
  Our Nation is at war, we have a national debt of more than $9 
trillion, and fears of a recession have sent the stock market into a 
tailspin. Unemployment is up, home sales are down, and markets around 
the world are on shaky ground.
  In December, the unemployment rate rose in 46 States as well as the 
District of Columbia.
  In my home State of Arizona, unemployment rose 42 percent between 
September and December alone, leaving 143,800 unemployed.
  Compounding the situation, nationwide inflation shot up 6 percent in 
2007, the largest jump in 26 years. The same gallon of gas that cost 
$2.20 a year ago now costs more than $3--and new home construction 
dropped 25 percent, the largest decrease in 27 years.
  When Members of Congress accept this pay raise, we send the wrong 
message.
  Americans are suffering and instead of feeling that pain, Congress is 
approving pay raises to further insulate us from it. If you want to 
know why people hate Washington and feel that it is out of touch, it is 
precisely because of moves like this.
  I will be donating my 2008 pay raise to charity and I encourage my 
colleagues to do the same.
  I also encourage my colleagues to join me in supporting H.R. 5087 to 
stop next year's pay raise for Members of Congress.

                          ____________________




                  IN RECOGNITION OF MR. DANIEL BRISON

                                 ______
                                 

                            HON. MIKE ROGERS

                               of alabama

                    in the house of representatives

                       Tuesday, January 22, 2008

  Mr. ROGERS of Alabama. Madam Speaker, I rise today to pay tribute to 
a distinguished young man from my district, Mr. Daniel Brinson.
  Daniel, a Montgomery native, is currently a sophomore at Auburn 
University and a member of the Nu Chapter of the Kappa Alpha Order. In 
late September of 2007, Daniel was traveling with a friend, Terrell 
Webb, when the pair came upon an accident. Both cars involved were in 
flames off the side of the roadway. Daniel and his companion approached 
the vehicles and heard cries for help. In an act of selfless courage 
Brinson and Webb forced their way into one of the cars and pulled one 
of the occupants, a young woman, away from danger. The young woman has 
since overcome serious injuries to make a full recovery.
  Mr. Brinson's unflinching willingness to risk his safety to help 
others is an example for all Alabamians. I salute Daniel for his 
service to his neighbors, and wish him the best in his future 
endeavors.

                          ____________________




                          PERSONAL EXPLANATION

                                 ______
                                 

                          HON. HILDA L. SOLIS

                             of california

                    in the house of representatives

                       Tuesday, January 22, 2008

  Ms. SOLIS. Madam Speaker, during Rollcall vote No. 18 on Final 
Passage of Hope VI Reauthorization, I was unavoidably detained. Had I 
been present, I would have voted ``aye''.

                          ____________________




              HOPELESS IN AFRICA? DOING SOMETHING ABOUT IT

                                 ______
                                 

                           HON. PAUL C. BROUN

                               of georgia

                    in the house of representatives

                       Tuesday, January 22, 2008

  Mr. BROUN of Georgia. Madam Speaker, like millions of Americans, when 
reminded of the facts and photographs of the millions of souls in 
Africa that are malnourished and lack even the basic necessities of 
life, I wring my hands at the enormity of the problem.

[[Page 616]]

  I recently read an article by Wes Vernon regarding the sad plight of 
those in Kenya, but what lifted my spirits was what the author said was 
being accomplished to help these people. Rather than do nothing because 
of the enormity of the problem, or simply demand that the U.S. 
Government provide ever increasing amounts of foreign aid, American 
citizens with a vision and a burden to help those less fortunate have 
decided to take action.
  People from as far as East Africa all the way to Marietta, Georgia 
have joined hands to create the United Orphanage and Academy. They are 
doing great work, and I commend them for their efforts, their 
initiative, and their selfless compassion.
  I commend this article to your reading and submit it to the Record 
for posterity. Thank you.

                   [From RenewAmerica, Jan. 12, 2008]

              Hopeless in Africa? Doing something about it

                            (By Wes Vernon)

       Herewith, the classic example of a humanitarian and 
     selfless effort linked in a very meaningful way to our 
     strategic interests in a far-off part of the world, and 
     incidentally the effectiveness of volunteer effort as opposed 
     to taxpayer-funded giveaways.


                 Kenya's future and America's security

       In the War on Islamofascism, the United States has a very 
     firm ally in Kenya--one of our best friends on the African 
     continent. That assumes Kenya remains stable. President Mwai 
     Kibaki was recently re-elected. His opponents don't like the 
     outcome and their protests have at times become violent and 
     bloody. Under Kibaki's government, Kenya has--since 9/11--
     provided us with military bases, and shared intelligence to 
     head off at Qaeda's inroads in Africa. That has been backed 
     up by communications networks.
       Retired Lt. Gen. Michael DeLong recently told the 
     Washington Times that Kenya is ``strategically located,'' and 
     that a failed state in Kenya would erase ``one of the top 
     friendly militaries to the United States in Africa.''


           From the heart, rather than the taxman's shakedown

       During the holidays, Americans were served up a steady 
     stream of TV ads urging them to prod the presidential 
     candidates to promise to feed the world's starving.
       There is a premise there that deserves a fair amount of 
     dissection.
       In the first place, the assumption the problem of the 
     world's needy can most effectively be remedied by an 
     entanglement in the morass of presidential politics. I have 
     yet to hear a candidate for any office declare on the stump, 
     ``And furthermore, if elected, I promise that I will dish out 
     more of your tax money for foreign aid.''
       Not that the American electorate is cold-hearted or 
     indifferent to the hunger problem in third-world countries. 
     Every study that this column has seen on the subject confirms 
     that Americans are the most generous people in the world. But 
     over the years, they have heard some horror stories about how 
     aid we have sent to the far corners of the earth has failed 
     to reach the poor people for whom it was intended after 
     corrupt politicians there got their hands on it. For U.N. 
     aid--also funded by you and me--the results of aid projects 
     have been even worse. That is why even the most compassionate 
     among us are cynical about government-run ``foreign aid.''
       I once approached a congressman just off the House floor to 
     interview him on a foreign aid bill that only seconds before 
     he had eloquently urged his colleagues to pass. I thought the 
     man would have a stroke. ``Foreign aid? That's not a popular 
     issue! You know that!'' he reproached me while emphatically 
     declining the interview.


                 Now specifically with regard to Kenya

       In a land overwhelmed by poverty, pestilence, corruption, 
     and perpetual war, there is an instinct to throw up your 
     hands and give up. For those not willing to walk away from 
     digging out of that appearance (at first blush) of a 
     relentless quicksand in Sub-Sahara Africa, there is--as a 
     shining example of hope--the United Orphanage and Academy.


                           Starting somewhere

       In that part of the world, there are heart-rending examples 
     of despair wherever you look. No one capable of human 
     feelings can ignore a hungry and/or sick child. Shelters have 
     been known to run out of food in trying to alleviate 
     starvation.
       Also in that part of the world--a place not normally on 
     everyone's radar--the difficulty in dealing with the 
     ``impossible'' is all the more acute. Many life-threatening 
     birth defects can be treated in the Western world. Not 
     necessarily so in Africa.
       Much the same applies to blindness. If there is an 
     effective preventive measure, we will find it here in 
     America. The odds are longer in much of Africa.
       And then there are the kids who have been orphaned--often 
     through the ravages of war. Twelve million kids in the region 
     have been orphaned by parents who died of the HIV-Aids 
     pandemic. Add famine and unsafe drinking water to the mix, 
     and you can see that many of God's children are in desperate 
     straits.


                              The history

       The United Orphanage and Academy is the brainchild of the 
     Rev. Stephen N. Chege, Pastor of Westminster Presbyterian 
     Church of East Africa (the orphanage's director) and 
     Washington attorney Henri (pronounced Henry) Rush of the 
     Westminster Presbyterian Church of Alexandria, VA. They 
     founded the orphanage in 2001. The facility opened its doors 
     in 2004 as a home for six orphaned children. It now houses 
     the 48 kids (31 girls and 17 boys, ages 4 to 15 years old).
       Since its founding, the orphanage has been supported by 
     Westminster; Old Presbyterian Meeting House (Alexandria); 
     Lewinsville Presbyterian Church (McLean, Virginia); Mary 
     Queen of Peace (a Catholic church outside of New Orleans), 
     and the First Presbyterian church of Marietta, GA. Members 
     from Westminster, the meeting House, and St. Leo's Catholic 
     Church in northern Virginia shared in the celebration of the 
     second anniversary of its opening.


                      The location and facilities

       The orphanage is in a rural area in northwest Kenya near 
     the border with Uganda. The area is known as Moi's Bridge. 
     Boys' and girls' dormitories are included, as are a dining 
     room and kitchen, along with office space and a classroom. 
     Fresh water is provided by a rain water cistern and deep 
     water well. There is a generator for electric power, and in 
     2007 the facility was connected to the national electric 
     power network.
       The current needs include $50,000 to purchase a bus as the 
     academy grows serving more children, drawn from Moi's 
     Bridge--population 5000.


             Still a work in progress, but steadily growing

       The academy part of the orphanage operation opened in 2006, 
     and now hosts classes from pre-kindergarten through fifth 
     grade, staffed with a teacher for each of the six classes. 
     That is a significant advancement.
       Most children in the area attend five different public 
     schools which are distant and overcrowded. (Can you imagine 
     90 to 110 students per teacher? The norm for even the worst 
     inner-city schools in the Western nations usually manages to 
     avoid that impossible-to-teach ratio). The academy will 
     maintain a ratio of no more than 35 students per teacher.
       In addition to the younger children of the orphanage who 
     are enrolled in the academy, students from the surrounding 
     community are also included.
       The academy is in the process of building a $70,000 
     permanent stone three-story building to house twelve classes. 
     The plan is to add one additional class each year up through 
     twelfth grade.


                              the children

       The children at the United Orphanage and Academy come from 
     five distinct ethnic backgrounds among the different tribes 
     that inhabit the areas in the neighborhood. In fact, co-
     mingling and reconciliation of kids from various ethnic 
     backgrounds stood out as a founding principle. The word 
     ``United'' in the facility's name was picked as an expression 
     of efforts toward the kind of understanding from which not 
     only Africa, but the entire world, would benefit.
       The point was made in our interviews (by phone and e-mail) 
     with Henri Rush. Set children on that path, and the prospects 
     for the future become more positive. And he added, ``This has 
     become important in the face of the recently electorally-
     spawned ethnic violence.''
       That unrest does not threaten the academy itself, however, 
     as Rush adds, ``Although there have been killings and house 
     burnings as close as one kilometer from UO&A, the regional 
     authorities have assured Director Chege that the children and 
     the staff and the facility will be protected by them.'' 
     Classes were scheduled to re-open for 2008 on January 14, 
     offering curriculum up to the fifth grade, a significant 
     advance. Furthermore, the infrastructure of the school is 
     being upgraded--from multiple wood frame classroom blocks to 
     single permanent stone buildings.
       Ultimately, Rush says the academy intends also to provide 
     vocational education for children not suited to pursuing post 
     high school education.
       ``This will insure that all of our children will be able to 
     lead useful productive lives and contribute to the well-being 
     of the community,'' he adds, ``For those that show academic 
     promise, we plan to raise sufficient funds to enable them to 
     attend college in Kenya with a view to their becoming leaders 
     of the community, region, or even, God willing, the Nation.'' 
     Make no mistake: These kids will be around to serve as 
     payback to their community, the nation, and--we dare say--the 
     world.


                            the big picture

       We are at a point in history when the world appears poised 
     for a clash of cultures with the possibility of the ``mother 
     of all showdowns.'' Governments and international 
     organizations--by and large--have made a mess of things. We 
     are going to have to pitch in and do the rebuilding. That 
     starts with the basics, offering help to those in need.
       There are many ways of doing that, and the United Orphanage 
     and Academy bears a

[[Page 617]]

     striking resemblance to one of what the first President Bush 
     referred to as ``a thousand points of light,'' a means by 
     which we roll up our sleeves and do it ourselves.


                           Overhead? Not here

       Every charity has to have at least a little bit of 
     overhead, I said to Henri Rush in an interview.
       ``Absolutely not,'' he replied, ``I am the overhead,'' with 
     donations of time (and though he didn't specify it, no doubt 
     a fair amount of money). He added a church bookkeeper is 
     ``overhead, but she also donates her time.''


                           where you come in

       You can play a part in the success of this shining ``point 
     of light.''
       Tax deductible checks can be sent to Westminster 
     Presbyterian Church, 2701 Cameron Mills Road, Alexandria, VA 
     22301, or Old Presbyterian Meeting House, Alexandria, VA 
     22314. Note United Orphanage on the memo line.
       Again--no overhead, no U.N. or government bureaucracy. Your 
     money goes straight to the kids. You can't beat that for the 
     ``up and up.''