[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
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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
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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
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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
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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
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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
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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
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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.''
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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
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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
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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
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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
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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
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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
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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
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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.
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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
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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
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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
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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.
[[Page 474]]
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
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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
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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
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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
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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,
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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
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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.
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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.
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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
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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
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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
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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.
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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;
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(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.
[[Page 494]]
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
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(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
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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.,
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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
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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.
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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
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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
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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
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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.''