E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 110 CONGRESS, SECOND SESSION

Vol. 154 WASHINGTON, TUESDAY, JANUARY 22, 2008 No. 9 Senate (Legislative day of Thursday, January 3, 2008)

The Senate met at 10 a.m., on the ex- mentioned certificate will be waived, WELCOMING SENATOR ROGER piration of the recess, and was called to and it will be printed in full in the WICKER order by the Vice President (Mr. CHE- RECORD. Mr. MCCONNELL. Mr. President, NEY). There being no objection, the mate- with a new year we welcome the new- rial was ordered to be printed in the est Senator, ROGER WICKER of Mis- PRAYER RECORD, as follows: sissippi, to the 110th Congress. With The Chaplain, Dr. Barry C. Black, of- STATE OF MISSISSIPPI, the resignation of our friend, Trent fered the following prayer: OFFICE OF THE GOVERNOR. Lott, the former Republican whip, Gov- Let us pray. CERTIFICATE OF APPOINTMENT ernor Haley Barbour has appointed Eternal King, God of fresh starts and To the President of the Senate of the United Senator WICKER to fill the remainder of new beginnings, thank You for the gra- States: his term. He could not have made a This is to certify that, pursuant to the finer choice. cious love and provision which You power vested in me by the Constitution of Senator WICKER may be new to this have lavished on us. As we begin the the United States and the laws of the State work of this second session of the 110th of Mississippi, I, Haley Barbour, the Gov- Chamber, but he is no stranger to serv- Congress, we commit anew our lives to ernor of said State, do hereby appoint Roger ing the people of Mississippi and the You. Let this commitment empower us F. Wicker a Senator from said State to rep- Nation. The son of a Mississippi State to keep our priorities in order so we resent said State in the Senate of the United senator and circuit judge, public serv- may honor You with our work. States until the vacancy therein caused by ice has long been his life’s calling. the resignation of Chester Trent Lott, is It all began with his service as a Guide our Senators. Help them to be filled by election as provided by law. accountable to the people who gave House page in 1967 to Representative WITNESS: His Excellency our Governor Jamie Whitten, the man he would one them their mandate and to the world Haley Barbour, and our seal hereto affixed at day succeed in the House of Represent- which looks to this body for respon- Jackson, Mississippi this 31st day of Decem- atives. Senator WICKER is one of the sible leadership. But most of all, ber, in the year of our Lord 2007. few people in history to have served as strengthen them to be accountable to By the Governor: HALEY BARBOUR, a House page for the Congressman he You, the author and finisher of their Governor. eventually replaced. destinies. f His first stint of public service left We pray in Your sovereign Name. him wanting more. He served his coun- Amen. ADMINISTRATION OF OATH OF try in the Air Force and retired from f OFFICE the Air Force Reserves in 2004 with the PLEDGE OF ALLEGIANCE The VICE PRESIDENT. If the Sen- rank of lieutenant colonel. ator-designate will present himself at He returned to the Hill in 1980 as a The VICE PRESIDENT led the the desk, the Chair will administer the staffer to then-Representative Trent Pledge of Allegiance, as follows: oath of office as required by the Con- Lott, a man he would come to know I pledge allegiance to the Flag of the stitution and prescribed by law. very well. In fact, Senator WICKER has United States of America, and to the Repub- The Senator-designate, escorted by known and worked with both Senators lic for which it stands, one nation under God, Mr. COCHRAN, advanced to the desk of COCHRAN and Lott for many years. indivisible, with liberty and justice for all. the Vice President, the oath prescribed In fact, he and Senator COCHRAN were f by law was administered to him by the both born in the Mississippi town CERTIFICATE OF APPOINTMENT Vice President, and he subscribed to of—— the oath in the Official Oath Book. Mr. COCHRAN. Pontotoc. The VICE PRESIDENT. The Chair The VICE PRESIDENT. Congratula- Mr. MCCONNELL. Pontotoc. I want- lays before the Senate the certificate tions. ed to make sure I got that right. I am of appointment to fill the vacancy cre- (Applause, Senators rising.) sure Senator WICKER’s friendship with ated by the resignation of former Sen- f both of these men will only benefit him ator Trent Lott of Mississippi. The cer- as he takes up his new office. tificate, the Chair is advised, is in the RECOGNITION OF THE MINORITY In 1987, at age 36, Senator WICKER form suggested by the Senate and con- LEADER was the first Republican ever elected to tains all the essential requirements The PRESIDING OFFICER (Mr. the Mississippi State senate from suggested by the Senate. If there be no TESTER). The Republican leader is rec- northern Mississippi since Reconstruc- objection, the reading of the above- ognized. tion. In 1994, he was elected to the U.S.

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor.

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VerDate Mar 15 2010 22:12 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JA8.REC S22JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S14 CONGRESSIONAL RECORD — SENATE January 22, 2008 House to succeed Jamie Whitten, end- amendments offered today. We are not passing. Diane Wolf was a unique and ing over 53 years of Democratic posses- going to vote until 5:30. We hope to remarkable individual. Diane Wolf was sion of that seat. Senator WICKER have a number of votes at that time. very inspired by our democratic insti- quickly became one of the stars of the On Wednesday, the Republicans will tutions and, with an abundance of en- House freshman class of 1994. He was conduct a 1-day retreat or meeting. ergy and goodwill, she inspired others elected the president of that class. He They are going to be at the Library of to share her appreciation for the bless- won a seat on the powerful Appropria- Congress. The Senate will be in session, ings of our liberties and the institu- tions Committee, and he served on the and hopefully any amendments from tions that protect them. She was an leadership team as a deputy whip. the Democratic side will be offered and enthusiastic student of the form and Around this time, Senator WICKER debated at that time. process of our representative democ- also gained a keen understanding of Another issue which the Senate will racy and she greatly admired the struc- how to handle the press attention that be considering—and I will talk about tures that house our government, espe- goes with being a Member of Congress. that in a little bit—is the FISA legisla- cially the ‘‘Shrine of Democracy’’—the Allow me to share with my colleagues tion. That matter is going to expire on U.S. Capitol. a brief story to illustrate. February 1. It was her appreciation of the art, ar- It was 3 days after the historic elec- f chitecture, and history of the Capitol tion of 1994 which gave the Republicans that initially brought Ms. Wolf to my HONORING THE LIFE AND EX- control of the House of Representatives attention. At that time, Ms. Wolf TRAORDINARY CONTRIBUTIONS for the first time in 40 years. Natu- served as a member of the U.S. Com- OF DIANE WOLF rally, the 73 Members of the 1994 fresh- mission of Fine Art, which oversees the man class—one of the largest ever— Mr. REID. Mr. President, I ask unan- design of U.S. coins. During my second were getting a lot of media attention. imous consent that the Senate proceed tenure as majority leader of the Senate So early that morning, ROGER to the consideration of S. Res. 419. in 1988, I sponsored and achieved pas- WICKER, the newly elected Congress- The PRESIDING OFFICER. The sage of a bill establishing the Capitol man, was shaving. Suddenly his daugh- clerk will report the resolution by Preservation Commission and a bill au- ter burst in and breathlessly yelled, title. thorizing the Congressional Bicenten- ‘‘Dad, it’s Time magazine on the The assistant legislative clerk read nial Coin Program. As these legislative phone.’’ as follows: items were developed, considered, and This was an important moment. So A resolution (S. Res. 419) honoring the life passed, Diane Wolf provided a wealth of Congressman WICKER calmly wiped the and extraordinary contributions of Diane ideas, expertise, and counsel, and the shaving cream off his face and gathered Wolf. results of her efforts will prove bene- his thoughts. Then he strode purpose- There being no objection, the Senate ficial to Americans and their Capitol fully into the den and picked up the proceeded to consider the resolution. for perhaps as long as this building phone. Mr. REID. Mr. President, I ask unan- shall stand. ‘‘Hello, this is ROGER WICKER,’’ he imous consent that the resolution be As stated in the Capitol Preservation said, in his most congressional voice. agreed to, the preamble be agreed to, Commission law, the purpose of that The voice at the other end of the line the motions to reconsider be laid upon Commission is to provide for ‘‘improve- responded, ‘‘Mr. WICKER, this is Time the table, and that any statements re- ments in, preservation of, and acquisi- magazine calling. For only a $19.95 an- lating to this matter be printed in the tions for, the United States Capitol’’ nual subscription . . .’’ RECORD. Additionally, through the Congres- Senator WICKER will surely have The PRESIDING OFFICER. Without sional Bicentennial Coin Program, some Members of the press who want objection, it is so ordered. Congress celebrated its inception and to talk to him today, and I doubt they The resolution (S. Res. 419) was history by authorizing the minting of will try to sell him magazine subscrip- agreed to. three commemorative coins, the sur- tions. Today, Senator WICKER is the The preamble was agreed to. charges of which were made available story. The resolution, with its preamble, to the Capitol Preservation Commis- Senator WICKER, welcome to the U.S. reads as follows: sion for the preservation and improve- ment of the Capitol. As I stated on the Senate. With a seat in this Chamber, S. RES. 419 Senate floor on October 7, 1988, these you not only have a unique view of his- Whereas the Senate has heard with pro- tory but a unique opportunity to shape found sorrow and deep regret of the untimely proceeds would provide historic art, that history for the betterment of the death of Diane Wolf, a member of the Senate furnishings, and documents for display people of Mississippi and of your coun- Preservation Board of Trustees and a former in public areas of the Capitol to be seen try. distinguished member of the United States by millions of Americans and inter- Mr. President, I yield the floor. Commission of Fine Arts; and national visitors for generations to Whereas for over 2 decades Diane Wolf de- f come. voted extraordinary personal efforts to and Diane Wolf was a very accomplished RECOGNITION OF THE MAJORITY displayed great passion for the preservation individual. She earned her under- LEADER and restoration of the United States Capitol graduate degree cum laude from the Building, and was singularly instrumental in The PRESIDING OFFICER. The ma- supporting and guiding the early efforts of University of Pennsylvania, became a jority leader is recognized. the United States Capitol Preservation Com- teacher with masters degree in edu- f mission and developing the plans for striking cation from Columbia University, and the coins commemorating the Bicentennial later became an attorney after grad- SCHEDULE of the United States Capitol: Now, therefore, uating the Georgetown University Law Mr. REID. Mr. President, today we be it Center. She served as President of the are going to move shortly to the Indian Resolved, That the Senate— Capitol Hill chapter of the Federal Bar health bill. We have a little business (1) honors the life and extraordinary con- Association and was a member of the tributions of Diane Wolf; we need to take care of prior to that. (2) conveys its sorrow and deepest condo- Senate Preservation Board of Trustees. We are going to be in a period of morn- lences to the family of Diane Wolf on her un- Ms. Wolf also contributed actively to ing business. We will add to that period timely death; and several other national and local civic of morning business whatever time the (3) requests the Secretary of the Senate to organizations. She served on boards Republican leader used. When we get to convey an enrolled copy of this resolution to and councils supporting the National morning business, the first 30 minutes the family of Diane Wolf. Archives, the Library of Congress, Na- will be under the control of the Repub- Mr. BYRD. Mr. President, I wish tional Public Radio, the National Trust licans. The majority will control the 30 today to recognize the public service for Historic Preservation, Georgetown minutes that follow. contributions of Diane Wolf. I also wish University Law Center, the Woodrow Following morning business, the Sen- to join in cosponsoring the Senate res- Wilson International Center for Schol- ate will begin consideration of S. 1200, olution expressing condolences to the ars, the Kennedy Center for the Per- the Indian health bill. There will be family of Ms. Wolf upon her unexpected forming Arts, the National Symphony

VerDate Mar 15 2010 22:12 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JA8.REC S22JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 22, 2008 CONGRESSIONAL RECORD — SENATE S15 Orchestra, the Washington National President Reagan appointed Diane to much—not a lot but 8 inches a year Opera, and the Smithsonian Council for the U.S. Commission of Fine Arts in compared to 4 inches in Las Vegas—but American Art. In New York City, Ms. 1985. Her father, Erving, says Diane it is much colder. It is 3,600 feet high. Wolf served on the Rockefeller Univer- considered that appointment as a full- It has had a number of days in the re- sity Council and was a benefactor of time job. Diane demanded high quality cent past where the temperature has the Metropolitan Museum of Art. in all endeavors. She believed a thing been 8 degrees. That is the lowest it Finally, Mr. President, no descrip- worth doing is worth doing well. has ever been, but it has hit that low tion of Diane Wolf would be complete During her tenure on the Commission degree on a number of occasions. This without recognizing the generosity of she strongly advocated redesigning our trip home, the lowest it got was 18 de- her spirit, the strength of her char- coins to commemorate the 200th anni- acter, and the cheerful nature of her grees, but that was on the same occa- versary of the Bill of Rights and update sion when we had 40-mile-an-hour personality. She met everyone with a the Presidential portraits. She believed winds, so it was bitter cold. bright smile, and very often she hum- that American coinage could recapture bly and quietly lent a hand to others, our imagination and become highly But that is one reason I so love asking nothing in return. She was re- prized by collectors. This is just one Searchlight. The air is pristine and spected by Members of Congress and example of how Diane used her cre- clean and pure. It is refreshing for me their staff, not only for her knowledge ativity, intelligence, and boundless en- to be able to go home. Out my window, and advice, but also for her genuine ergy to promote art in America. on one side of the house, I have set up friendliness, gracefulness, and humor. Her vision has been realized in recent two little ceramic water dishes, and She was much admired and appreciated years, as the Mint produced new de- water comes on there four times a day. by everyone in the Capitol community, signs for the quarter with images rep- Those little animals have it made. including secretaries, doorkeepers, ele- resenting each of the 50 States. Even though it is wintertime, the vator operators, and Capitol Police Diane’s energy and passion for public quail still come and need a drink of alike. service will be missed. The institutions water now and then. If you are lucky, Diane Wolf will be missed. I join my she served and the lives she touched Senate colleagues in conveying to her benefited greatly from her dedication, you see a coyote—which I saw on a family deepest condolences, and with generosity, and lively spirit. couple of occasions. As wily and as re- great respect repeat here the words of Catherine and I are fortunate to clusive as they are, you still see them Adon ’Olam, one of the most familiar know Diane’s wonderful family. She out wandering around—and all kinds of hymns in all of Jewish liturgy: cherished her relationships with her different birds of different hues and ADON ’OLAM parents, Erving and Joyce, and her colors. The Lord of all, who reigned supreme Ere brothers Daniel and Matthew. Our It may not be very exciting to most first Creation’s form was framed; When thoughts and prayers are with them people, but for me, one of the exciting all was finished by His will His Name and their loved ones. Almighty was proclaimed. events of my trip home was the oppor- f tunity to see an animal you rarely see. When this our world shall be no more, In majesty He still shall reign, Who was, WELCOMING SENATOR ROGER My wife and I were working in a little who is, who will for aye In endless WICKER study I have there, and we heard three glory still remain. Mr. REID. Mr. President, we said distinct knocks. We didn’t know what Alone is He, beyond compare, Without divi- farewell last year to our friend, Sen- it was. We got up and looked out the sion or ally; Without initial date or ator Lott. Today, we welcome his suc- front door—nothing there; we looked end, Omnipotent He rules on high. cessor, ROGER WICKER. out the back—nothing there. I went He is my God and Savior too, To whom I Senator WICKER is no stranger to back to work and a minute or two later turn in sorrow’s hour—My banner Washington, DC, having served the peo- my wife says: Get down here. Hurry. So proud, my refuge sure—Who hears and ple of Mississippi’s First Congressional we go to these windows, some picture answers with His power. District since 1995. windows, two large rectangular win- Then in His hand myself I lay, And trusting, In the House, he served as the Repub- dows that look out on the area where sleep; and wake with cheer; My soul lican deputy whip, and he served on his and body are His care; The Lord doth the ceramic dishes are, and there was a party’s policy committee for some 6 bobcat. For those of us who live in the guard, I have no fear! years. Mr. STEVENS. Mr. President I ask desert, seeing a bobcat is really almost His distinguished history in the U.S. akin to seeing the Abominable Snow- unanimous consent that my following Air Force has informed his advocacy on man. Rarely does anyone see a bobcat. statement appear in the RECORD as if behalf of veterans health care and pen- They do most of their hunting at night. read contemporaneous with consider- sions, as well as military construction ation of the resolution honoring the projects throughout the world. He has They are very secretive in everything life of Diane Wolf. also been a strong supporter of health they do. But this afternoon, this bob- The Senate was deeply saddened by care research and has received numer- cat was there drinking water, very the sudden loss of Diane. Her passion ous awards for his advocacy in this re- thirsty. I had never seen a bobcat be- for art and philanthropy lead her to de- gard. fore. Having been born there, raised vote her considerable talents to the His background and expertise on there, I had never seen a bobcat before. service of countless organizations and these and other issues will surely make This little animal finished its water, causes. Diane was an attorney, teacher, him a welcome addition to our Senate. was walking around, saw me in the and civic leader. Much of her work was So on behalf of all Democratic Sen- window and, boy, that little animal hit dedicated to the preservation of the ators, I extend my congratulations to that window. It was after me and what- very building in which we meet. ever it could see through that window. My wife, Catherine, and I worked him. closely with Diane on her efforts to f That was the knock on our window the preserve and restore the U.S. Capitol. DEMOCRATIC STAFF CHANGES four times. We have these shutters that Diane was passionate about the Cap- Mr. REID. Mr. President, it is good when we are not there are down so you cannot see in the house. On this day, itol’s history and symbolism. She en- to be back in the Senate. The past 41⁄2 joyed the pomp and circumstance of weeks have been very pleasurable for the shutters were up and he was look- the Presidential inauguration and the me. Since I have been the Democratic ing around and saw inside and he want- annual tradition of the President’s leader—which has now been for 3 ed to nose around a little bit and he State of the Union Address. Her con- years—it was the longest period of couldn’t do that. Similar to all animals tributions as a member of the board of time I have been able to spend at home, when they are frightened, they jump to trustees of the U.S. Senate Preserva- and it was a great experience for me. protect themselves. Fortunately, even tion Commission were invaluable. It Every day I was able to spend it in my though the animal weighs about 30 was her support and guidance that led home in Searchlight. pounds, he would have at least took a to the development of the commemora- Searchlight, even though it is 60 bite or two out of me. It was great to tive coins which marked the bicenten- miles from Las Vegas, is much dif- see. Finally, I got to see a bobcat, but nial of the U.S. Capitol. ferent in temperature. It rains twice as enough of my travel log.

VerDate Mar 15 2010 22:12 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JA8.REC S22JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S16 CONGRESSIONAL RECORD — SENATE January 22, 2008 The Senate is going to be forever dif- us. She has big shoes to fill, but I can’t The PRESIDING OFFICER. The ma- ferent for me now. For more than a think of a more capable person to take jority leader is recognized. quarter of a century, part of my work- on this crucial role. f place has evolved around one of the Replacing Lula as Assistant Demo- Senate employees: Martin Paone. cratic Secretary will be Tim Mitchell. REFLECTIONS First, as I was a new Senator, he was Tim is quiet, always available, so im- Mr. REID. Mr. President, Benjamin always here to help me feel more com- portant to me. I appreciate his atten- Franklin once said: fortable and answer, I am sure as we tion to me on so many different occa- Be always at war with your vices, at peace look back, dumb questions we all ask sions. He has served as floor assistant with your neighbors, and let each new year as new Senators, but he was always a to the Democratic leader, where he has find you a better man. gentleman, always willing to give us become a leading expert on floor proce- This year, I know all 100 Senators the information. For the 9 years I have dure and legislative process. With 16 will work to enable the words of been involved as Democratic leader, he years of Hill experience and as a policy Franklin to be meaningful, to make us has been available. During the 6 years adviser for the Democratic Policy each a better person and, in a cumu- I spent on the floor as Senator Committee, research director for Sen- lative effort, a better Senate. Daschle’s assistant and whip, Marty ator Daschle, and a legislative assist- Having come back from my time in was always there giving me guidance ant to the Senate Banking Committee, Nevada, I think it is an opportunity for and advice. He was always so very help- Tim could not be better prepared for me to reflect briefly upon 2007, the first ful. It is important to have someone some of these new responsibilities. year of the 110th Congress. This past who understands these complicated Finally, I am pleased to announce year made one thing clear: We in the rules we have in the Senate. He has that Jacques Purvis, a member of our Senate are at a constant crossroads, been a terrific coworker and a good floor staff, will take on Tim’s role as with two paths from which to choose. friend and I am going to miss him tre- floor assistant. A Howard University One path is bipartisanship. The other is mendously. As I have said, the Senate fellow, Jacques began his career in my obstructionism. One path leads to will never be the same with Marty not personal office. He is a wonderful, fine change, the other to more of the same. being here. young man. He has shown enormous This is not directed toward Repub- So it is bittersweet news that Marty skill and has a bright future ahead of licans only but certainly Democrats is going to be leaving—retiring. He has him. also. Bipartisanship is a two-way street served the Senate for 30 years. His Mr. MCCONNELL. Mr. President, will and we have to understand that. One story is a remarkable success story. He the majority leader yield for a mo- path leads to change, the other to more began his career in the House Post Of- ment? of the same; the other to finger point- fice to help pay his way through grad- Mr. REID. I am happy to yield. ing. uate school at Georgetown. Later he Mr. MCCONNELL. I would like to ex- When we chose bipartisanship last moved to the Senate Parking Office be- tend my appreciation for the service year, we made real progress. For whom fore joining the Democratic cloakroom Marty has given your conference. I did we make real progress? We made it in 1979. With his tremendous intellect have found him invariably to be a for the American people. and vast knowledge of procedure, it straight shooter and somebody we With bipartisanship, we passed the was no surprise that he moved up the could work with to try to make the toughest ethics bill in the history of ranks to become Secretary for the mi- Senate function. I think he and Dave our country to ensure a government as nority in 1995. It is no exaggeration to have enjoyed a good working relation- good and as honest as the people we say that every single Democrat and a ship. I, too, want to wish him well and represent. With bipartisanship, we fi- number of Republicans rely upon thank him for his many years in the nally passed the recommendations of Marty’s expert advice. That has ended. Senate and congratulate Lula on her the 9/11 Commission to support our I have been, as I have indicated, one of appointment. first responders and secure our most those who has depended on his exper- Mr. DURBIN. Mr. President, will the at-risk cities. With bipartisanship, we tise. Nothing has happened on the Sen- majority leader yield? provided our veterans with the largest ate floor, no legislation was considered, Mr. REID. I am happy to yield. health care funding increase in history. no parliamentary procedure enacted Mr. DURBIN. I would like to join in When we sought and found common without his influence. Countless staff this chorus. Prior to my election to the ground, we passed the first minimum have come and gone over the years, but House of Representatives, I served as wage increase in 10 years to help the he has been a constant, steady pres- parliamentarian of the Illinois State hardest working Americans make ends ence. I am grateful beyond words and Senate for 14 years. It is a very impor- meet. When we sought and found com- express gratitude for his exceptional tant role in that body, as Marty’s role mon ground, we helped struggling service. Ruby is someone we see as we has been here. You don’t spend much homeowners, a few—we have a lot more come to work every day. She has time before a microphone, but you to do—to at least be aware of and avoid worked here for many years herself. spend a lot of time preparing the Mem- foreclosure. When we sought and found Marty has three beautiful children: bers to say the right things before the common ground, we enacted the larg- Alexander, Stephanie, and TJ. I have microphone, and Marty has done that I est expansion of student financial aid followed their high school athletic ca- think in the best possible tradition of since the GI bill. When we sought and reers over the last several years. But the Senate. found common ground, we passed an he is moving on to new things, new Time and again, Members on our side energy bill that will lower gas and elec- challenges. We will all miss him. We of the aisle, and I believe on the other tricity prices and begin to stem the wish him nothing but the best and side as well, knew they could trust his tide of global warming. Could we have know he will be a tremendous success. word, trust his judgment, that he un- done more with that Energy bill? Of Although we are sad to say goodbye derstood this institution, not just the course, we could, and we are going to to Marty, I am pleased to announce we rules but the history and the tradition. try in the next few months to enlarge have chosen Lula Davis as our new He served this institution well, as his upon it. Democratic Secretary. She is a long- wife has, and I wish him the very best Time and time again, we have proved time veteran of this Chamber. Lula has in his new endeavors. that bipartisanship works. Far too had more than 25 years of Senate serv- I am also happy to hear Lula Davis is often, unfortunately, others chose the ice, which began in the office of the going to replace Marty in his position. other path—the path of being an ob- legendary Russell Long of Louisiana. She has a tough act to follow, as has structionist. We saw that on Iraq. Most Since 1993, she has been a member of been said, but she is an extraordinary Republicans chose to stick with the the Democratic floor staff. In 1997, she woman, who has served this Senate President’s policy that has devastated was elected as the first woman ever to well for 25 years, and I am certain she our Armed Forces, compromised our serve as Assistant Democratic Sec- will continue on in this fine tradition. security, and damaged our standing retary. Much like Marty, Lula has Mr. President, I yield back to the around the world. We saw it on Medi- risen to become indispensable for all of majority leader. care drug prices. We were unable to get

VerDate Mar 15 2010 22:12 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JA8.REC S22JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 22, 2008 CONGRESSIONAL RECORD — SENATE S17 done something that is so common At home, the first thing we have to With the current law set to expire sense. The American people say: Why work on is the economic stimulus soon, Democrats are resolved to re- couldn’t you do that? What we wanted package. During the break, I spoke to place it with a new and stronger one. to do was allow Medicare to negotiate the Secretary of the Treasury at least Senator ROCKEFELLER, Senator LEAHY, for lower priced drugs. We couldn’t get eight or nine times. He is concerned, and their committees—both Democrats it done. We saw it on children’s health. and we are all concerned. To be effec- and Republicans—believe the law needs We tried, and we had good bipartisan tive, this stimulus plan must be time- to be changed. Hopefully, we can do cooperation. We passed it, but the ly, targeted, and temporary. It must be that. Last month, I requested a 1- President vetoed it, and we were un- timely because America needs relief month extension of the current law to able to override that veto. It is often right now. It must be targeted because allow lawmakers additional time to do we see how destructive partisanship for too long the Republican approach just that. The present law expires in can be. So let’s hope the old way of has been to put money in the pockets just a few days, on February 1. That re- doing business is no longer this year’s of corporations and the wealthy rather quest I made to extend the law was ob- way of doing business. than the working families who need it jected to. With just a few days left be- Many of last year’s problems have most. It must be temporary because, as fore the expiration, I will renew my re- grown worse—all we have to do is look important as it is to help people right quest for an extension. After we act, at the morning newspaper—and many now, we don’t do ourselves or our econ- the House has to act on this bill. They new ones have arisen. Last year, the omy any favors by saddling our chil- have not done that. The failure to ex- subprime lending issue was not part of dren and grandchildren with mountains tend the present law for 1 month could our mantra. Now it is in every speech of debt, as has happened over the past lead to the law no longer being some- anyone gives in the political world. We 7 years. thing that guides what happens in this can no longer turn to the old playbook If the President and congressional country. Some may want that. I think of political posturing. We must end Republicans work together with us to the majority of the Senate doesn’t that. We have to do better. pass this short-term stimulus plan that want that. We need time to do that. What are the new and growing chal- follows these principles, we can make a The Defense authorization bill—we lenges? We don’t need an economics real and immediate difference in peo- have to finish that this work period. professor or philosopher to tell us: A ple’s lives and perhaps stave off this Hopefully, we can do it by unanimous walk through a neighborhood most looming recession. I call upon all of my consent. I personally thought the veto anyplace in this country to see the sea colleagues—Democrats and Repub- was unnecessary. I think the Iraqi Gov- of for sale signs, foreclosures are all licans—to come together to pass the ernment, which we have funded with over this country. All it takes is a trip stimulus package this work period. We hundreds of billions of dollars, should to a gas station or even drive by a gas have 4 weeks, and we must do it during stand up and be responsible for what station to see people are paying over $3 this 4-week work period. We will meet has taken place in that country in a gallon most everyplace in this coun- with President Bush today to continue try. years past. All it takes is a glance at the head- working out this plan. I have had one serviceman from Ne- While we await the results of the dis- lines in the newspaper to see the rising vada, who was tortured in the first war, cussions on the stimulus package, we violence and turmoil all across the who sought compensation in court, and will begin this year by addressing other globe. the Bush administration joined in Like all of my colleagues, I spent a important issues, such as Indian fighting the relief he sought. We tried lot of time back home, and we talked health. We have to do this. The sickest to do things legislatively to help, and about that. Mr. President, in Nevada, and worst health care in America is on the Bush administration stopped that. things have changed. But to show you, Indian reservations. That is why we are He did veto it. We are where we are. in a sparsely populated State such as doing this. Native Americans all over Iraq’s treatment of American service- Nevada, similar to the State of my col- America have the highest rate of diabe- men during the first Gulf war was im- league, the Presiding Officer—Nevada tes, tuberculosis, and other dread dis- portant. The bill should not have been is a sparsely populated State. To show eases. We must address the health care vetoed. It was. how people are so concerned about this of the poorest of the poor. They are the We will be as agreeable as we can be country, in an hour and a half on Sat- poorest of the poor—Native Americans. to get this money. Hopefully, today we urday, 30,000 new Democrats registered This legislation will allow Indian and can finish this legislation. It is some- to vote in Nevada. In an hour and a tribal health providers to offer long- thing we need to do. The Wounded War- half, during the caucuses we had, 30,000 term health care services and even hos- rior legislation is in here and an addi- new Democrats registered to vote. pice care and will provide diabetes and tional pay raise for the troops. We will Think about that. In the State of Ne- youth substance abuse programs to do what we can on that. vada, there were 30,000 new Democratic urban Indians and will encourage There are other things we look for- registrants in an hour and a half. Why? State-tribe agreements to improve ward to this coming year. We want to Because we have an economy that is health service delivery. We would like make sure we do something about sliding toward recession. Hundreds of to finish that as soon as possible. After product safety legislation. We want to thousands of families are at risk of los- we finish that, we will return to the have toys, for example, that are sold ing their homes—millions, really, not foreign intelligence surveillance bill. that are safe and that don’t make kids hundreds of thousands. The price of gas Mr. President, we must pass a FISA sick. We will also look at patent re- and heating homes is skyrocketing to law that gives our law enforcement of- form. alltime highs. New threats of violence, ficials the tools they need to fight ter- So we have a work-filled legislative war, and terrorism are emerging at rorism, without infringing on the fun- session that I have outlined. We have a home and abroad. damental rights of law-abiding Ameri- number of things we cannot put off, Regarding the war in Iraq, it is de- cans. We have always been willing to and we are going to have to spend some batable now how much we are spending work with the President to give him long hours here in the Senate. Hope- there. Is it $10 billion or $12 billion a the constitutional authority to meet fully, we won’t have to work weekends. month? And now we have, during this the post-9/11 challenges. All he had to I hope that is not the case. FISA, for break we have had, a Republican do was tell us what he needed. It wasn’t example—I have had a number of Sen- frontrunner for the Republican nomi- until we read in the New York Times ators say they want to go to these very nation for President who says we will that he was doing things that were con- important discussions in Doha that have to be in Iraq for as long as 40 trary to law that we decided we had to start this week. We cannot do that un- more years. This war will soon be going do something legislatively. If he had less we somehow resolve this FISA leg- into its sixth year. We are now an oc- come to us, we would have done any- islation, either extending it or com- cupying force in Iraq. thing we could to maintain the frame- pleting our work. We may have to fin- So together we must address these work for a constitutional form of gov- ish that work this weekend. We have growing challenges, both foreign and ernment to help whatever problems energy legislation on which we have in- domestic. there might be. dicated we are going to move forward.

VerDate Mar 15 2010 22:12 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JA8.REC S22JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S18 CONGRESSIONAL RECORD — SENATE January 22, 2008 We won’t do it this work period, but we problems off to future Congresses; and nomic challenges of the moment. And have a bipartisan piece of legislation that we will not take chances with we will need to come together to pro- that came out of the Environment and their security. tect Americans’ quality of life by keep- Public Works Committee dealing with As we do all this, we can be confident ing taxes low, and by working to re- global warming; it is the Lieberman- of success—confident because we have lieve anxieties about healthcare, tui- Warner legislation. We need to get to faith in this institution, and confident tion, the cost and quality of education, that. We have to be concerned about because of what we learned the last jobs, and the fate of entitlements. children’s health and what we can do in time around. Personally, I think there On the economy, Republicans are en- that regard. are a lot of lessons we can take away couraged by recent talk on the other Can we accomplish these goals? Yes, from last year, and that if we’re smart side of a willingness to work with us on we can. It won’t be easy, and it cannot we will learn from them. We all know an economic growth package. Now it is be done if we resort to the same busi- what worked and what didn’t work. We time to prove this is more than just ness as usual. We have a shortened all know the formula for success and talk. We need to move ahead with a time period. We have the Presidential the formula for failure. So this year plan that stimulates the economy right election coming up, and we have con- even more than last year, success and away and which is consistent with good tested Senate seats that take a lot of failure will be a choice. long-term economic policy. the time of incumbent Senators and I think we can agree, for instance, An effective plan will focus on grow- the challengers. Last year, my col- that we all worked best last year when ing the economy and securing jobs. It leagues on the other side of the aisle we worked together. Last January our will be broad based for maximum ef- broke the 2-year record of filibustering Democrat colleagues presented us with fect, and it won’t include wasteful in just 1 year. I hope that isn’t the case a minimum wage bill that didn’t in- spending on programs that might make this year, that we don’t break another clude needed tax relief for small busi- us feel good but which have no positive record. nesses. It didn’t pass. But when they impact on the economy. Our work has begun in this new year did include the tax relief these small Republicans in the 110th Congress and new legislative session. Hope businesses deserved, it did pass—by a have shown that we will use our robust springs eternal, and I repeat what I wide margin. minority to ensure we are heard. And have said before: If we accomplish Our friends gave us an energy bill we will use our power to reject any things here, there is credit to go that would have meant higher taxes growth package that’s held hostage to around to both Democrats and Repub- and higher utility rates. It didn’t pass. wasteful spending. Americans are con- licans. Everybody can claim credit for But when they agreed to remove these cerned about the state of the economy, what we do. If we are not able to pass objectionable provisions, it did—by a they are looking to us to act, and act- legislation, there is blame to go around wide margin. Senate Democrats also ing now will be far less costly than for everybody. I hope we can move for- tried to use a looming AMT middle waiting for more troubles to gather. ward on the important legislation that class tax hike as an excuse for a giant Time is short. We need to put together faces this country and needs to be tax hike elsewhere. That didn’t get a bipartisan package that helps the done. very far. But when we all agreed to economy, and do it soon—without rais- The PRESIDING OFFICER. The Re- block the AMT expansion without a ing taxes and without growing govern- publican leader is recognized. new tax, together we prevented a major ment. f middle class tax hike. In the longer term, Congress can The temptation to partisanship was keep the economy stable by keeping THE SECOND SESSION OF THE strongest on issues of national secu- taxes low and by assuring families, re- 110TH CONGRESS rity. By the end of the year, the major- tirees, and small businesses that cur- Mr. MCCONNELL. Mr. President, ity had held 34 votes related to the war rent rate reductions and tax credits first, I welcome back the distinguished in Iraq and its opposition to the will continue. We can prepare for the majority leader. It is good to see him Petraeus Plan. Yet whenever Repub- future by making sure every child in and good to be at the podium again, re- licans defended the view that Congress America gets a good education through freshed and ready for act 2 of the 110th should not substitute its military judg- reauthorization of the No Child Left Congress. Republicans are eager to get ment for the judgment of our military Behind Act and by completing action to work on the unfinished business commanders, or cut off funds for troops on the Higher Education Act. from last year, and we are determined in the field, we moved forward. With Our friends should also resist the to address the other issues that have the recent success of the Petraeus temptation to increase taxes on divi- become more pressing or pronounced Plan, the chances of such votes passing dends and capital gains; agree early since we stood here last. this year have not improved. It was that we would not offset a patch for We face a number of urgent chal- wrong to tempt fate when our progress the alternative minimum tax with a lenges domestically and internation- in Iraq was uncertain. It would be fool- massive tax elsewhere; extend the cur- ally, and there will be a strong tempta- ish to do so when progress is undeni- rent expanded child tax credit; and end tion to politicize them or put them off able. the marriage penalty for good. as the current administration comes to So there is a pattern here, a pattern We can also boost the economy by a close and a new one prepares to take for true accomplishment. And now that boosting trade, which broadens the its place. This would be an irrespon- we know it, we shouldn’t hesitate to market for U.S. goods. Last May, sible path, and it is one we should not follow it. Not this November. Not Democratic leaders agreed to allow take. We have had a Presidential elec- sometime this summer. But now. passage of four free—trade agreements tion in this country every 4 years since As we move into 2008, the problems if the Administration negotiated in- 1788. We won’t use this one as an excuse we face are big, they’re real, and they creased worker rights and stronger en- to put off the people’s business for an- are urgent. And Americans expect com- vironmental protections. The adminis- other day. petence, cooperation, and results. We tration did its part by negotiating the We have our differences in this know from experience that it’s in our changes. Yet so far, only one of the Chamber. But Americans expect that power to deliver. And it’s in everyone’s four FTAs from last year, Peru, has when we walk into this well we will interests that we do. So on behalf of passed. Now it is time for the Demo- sort through those differences and Senate Republicans, I want to begin crats to uphold their end of the bargain work together toward common goals. this session by extending the hand of and pass the remaining three FTAs: And here are a few things we should be cooperation to our colleagues on the Panama, South Korea and Colombia. able to agree on: We need to show other side. As we begin this second ses- We can help the economy by keeping America that Government can live sion, we need to focus on our common spending low. Republicans will do our within its means by keeping spending goals. part by making sure, as we did last low; that we can protect their quality We need to come together to protect year, that government spending bills of life without raiding their wallets and defend Americans from harm. We don’t exceed fiscally responsible levels with higher taxes; that we won’t push need to come together to meet the eco- even as they meet the Nation’s highest

VerDate Mar 15 2010 22:12 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JA8.REC S22JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 22, 2008 CONGRESSIONAL RECORD — SENATE S19 priorities. And Democrats can help by to fight them at home. This policy has Republicans are ready, we are eager, to keeping spending in these bills low worked. And we must continue to en- do our part. from the start—and resisting the urge sure that it does by giving those who Mr. President, I yield the floor. to lace them with poison pill social protect us all the tools they need. f policy. One of the most valuable tools we Working together to strengthen have had is the Foreign Intelligence RESERVATION OF LEADER TIME America at home also means increas- Surveillance Act, which lets us mon- The PRESIDING OFFICER. Under ing access and lowering the cost of itor foreign terrorists overseas and the previous order, leadership time is good health care. We should empower react in real time to planned attacks. reserved. individuals and protect the doctor-pa- In August, we updated this protection. f tient relationship by promoting re- Yet with only 10 days to go before it search into new treatments and cures expires, we need to pass new FISA leg- MORNING BUSINESS and by investing in new information islation that allows the intelligence The PRESIDING OFFICER. Under technology like electronic medical community to continue its work and the previous order, there will now be a records and e-prescribing. We can also which assures telecom companies they period for the transaction of morning increase access by letting small busi- will not be sued for answering the call business for 60 minutes, with Senators nesses pool resources to get the same to help in the hunt for terrorists. permitted to speak for up to 10 minutes deals from insurers big businesses do. Some of our Democratic colleagues each and the time equally divided and In the coming months, Americans delayed consideration of this vital leg- controlled between the two leaders or will hear a lot of different health care islation at the end of the last session. their designees, with the Republicans proposals coming out of the campaigns. And it should have been the first thing controlling the first half and the ma- And while presidential election years we turned to this session. American jority controlling the final half. are not typically the time when broad lives do not depend on whether we pass The Senator from Arizona. based reforms are achieved, we the Indian health bill by the end of the shouldn’t let disputes among can- month. f didates or the failures of the past keep We also need to renew our commit- WELCOMING ROGER WICKER us from delivering something for ment to the brave men and women of Mr. KYL. Mr. President, first, I join Americans now. In the long term, Re- the Armed Forces whose hard work those who welcomed our new colleague, publicans are committed to the goal of over a number of years has helped ROGER WICKER from Mississippi, to the every American having health insur- change the story in Iraq in 2007. No Senate. I know he will serve his State ance. But there is no reason we can’t issue should bring us together more and this Nation with distinction. find bipartisan support this year for readily than this one. Yet no issue other common sense measures that re- threatens to divide us more as the No- f move barriers to access and increase vember elections draw near. Let the THE CHAPLAIN coverage options. candidates say what they will. The We should also be able to agree that Senate should stand united in sup- Mr. KYL. Mr. President, I wish to too many judicial posts have been left porting the troops—and we can start by mention and thank specifically our empty too long. Last year we con- affirming that the Petraeus plan is Chaplain, ADM Barry Black, for com- firmed 40 judges, including six circuit working. ing to Arizona this past weekend to court nominees, and an attorney gen- We could even go one step further by join in celebrations relating to the eral. But we are not on pace to keep up making a pledge that during the ses- Martin Luther King activities that oc- with historical precedent. The histor- sion that begins today, we will not at- curred. After preaching three sermons ical average for circuit court confirma- tack the integrity of our uniformed of- and attending a couple other major tions in the last Congress of a divided ficers or subvert the efforts of the events associated with Martin Luther government is 17. President Clinton— troops—all of whom have made sac- King celebrations, Chaplain Black was who had the second most judicial con- rifices for us equally, regardless of our right back here to open our session firmations in history, despite having to political parties or theirs. today. He certainly deserves our deal with a Republican Senate almost Beyond that, we should be able to thanks and has my gratitude for join- his entire time in office—had 15 circuit agree that we need to invest in the fu- ing us in Arizona. court confirmations in his last Con- ture of our military. This remarkable f gress. volunteer force is built on the finest FOREIGN INTELLIGENCE Clearly, we need to catch up. But we training, weaponry, and education sys- SURVEILLANCE ACT can not confirm judges if they don’t tem in the world. We need to support get hearings. And since last summer, this great national resource not only Mr. KYL. Mr. President, I also wish Democrats have allowed only one hear- to retain our strength for today’s bat- to pick up on what our Republican ing since last summer, one hearing— tles, but in preparation for the unex- leader has just been talking about: since last summer, one hearing—on a pected challenges that lie ahead—par- that we can, with bipartisanship, ac- circuit court nominee. Compare that ticularly in the Persian Gulf and in the complish a great deal in this Senate with Senate Republicans in 1999, who Pacific, where our strategic interests and that there is no better place to held more hearings on President Clin- will continue to be challenged for start than on the Foreign Intelligence ton’s nominees in the fall of that year many years to come. Surveillance Act. In the Senate, we alone than Democrats allowed this So we stand at the beginning of a refer to that by its acronym, FISA, but President all last year. This pattern is new year. I, for one, am hopeful that it it needs to be our first important piece neither fair nor acceptable. will be a year in which we accomplish of business. As we focus on crucial issues at much for the people who sent us here. Certainly, our intelligence commu- home, we are reminded that our first We can start by agreeing to protect nity, to whom we have given a very big responsibility is to keep Americans taxpayer wallets and by facing con- responsibility, needs certainty with re- safe. For some, the passage of time has cerns about health care and the other spect to its responsibilities and its made 9/11 seem like a distant memory economic pressures that so many rights. It needs permanency, not just 1- and the people behind it a distant American families face. We must act month extensions. This intelligence threat. Yet the best argument in favor right away to keep our economy community must know the rules of the of our current strategy of staying on strong. And above all we can work to- road. That is why it is so important for offense is the fact that not a single ter- gether to keep America and its inter- us to, within the next week or so, reau- rorist act has been carried out on ests safe both at home and overseas. thorize the Foreign Intelligence Sur- American soil since that awful day. We can do all this—we can live up to veillance Act with a few additional We decided early on in this fight that our duties to work together on behalf changes to ensure that we can, in fact, the best strategy would be to fight the of the American people—by learning collect this intelligence on our en- terrorists overseas so we wouldn’t have from last year and working together. emies.

VerDate Mar 15 2010 22:12 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JA8.REC S22JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S20 CONGRESSIONAL RECORD — SENATE January 22, 2008 Theodore Roosevelt once referred to proach. The Judiciary Committee bill date, summer 2001—an FBI agent in the his opportunities in life and said the has a lot of flaws that the Intelligence Bureau’s New York field office became greatest opportunity was work worth Committee bill does not have. Let me aware that Khalid al-Mihdhar, Nawaf doing. And there is no more work mention a couple of those flaws, sug- al-Hazmi, and two other bin Laden-re- worth doing than ensuring that we can gesting to my colleagues that the bill lated individuals were present in the gain the intelligence on the enemy we should start with as our base bill is United States. They were here. This that attacked us in this war. the Intelligence Committee bill, not agent knew these men had been at an We are at war, both at home and the bill that came out of Judiciary important al-Qaida meeting in Kuala abroad. These radical militant Committee. Lumpur, Malaysia, and instinctively Islamists have attacked us, and they One of the things the Judiciary Com- understood they were dangerous. The continue to threaten us. We all know mittee bill does is it includes an ‘‘ex- agent initiated a search for these men that the best approach to defeating clusive means’’ provision that would and sought the help of criminal inves- them is good intelligence and that undermine intelligence gathering di- tigators who have much greater access most of that intelligence, by necessity, rected at foreign terrorist organiza- to resources for finding people in the is collected overseas—that is why it is tions. The provision not only uses United States. This search was prob- called foreign intelligence—and that vague terms whose mention is unclear, ably the best chance the United States the basis for the collection of much of it also appears to preclude use of other had of disrupting or potentially stop- this intelligence is the FISA law, or intelligence-gathering tools that have ping the September 11 attacks. the Foreign Intelligence Surveillance already proven to be valuable sources This FBI agent was literally on the Act. As noted, that act expires next of intelligence about al-Qaida. trail of the 9/11 hijackers in the sum- week, and that is why it is important As the official Statement of Adminis- mer of 2001. But what happened when for the Senate to act now and the rea- tration Policy for this bill notes: the agent sought to enlist the help of son this reauthorization is actually The exclusivity provision in the Judiciary criminal investigators and the full re- very simple and straightforward and Committee substitute ignores FISA’s com- sources of the FBI? Well, the agent ran very interesting. plexity and its interrelationship with other into this legal wall separating criminal Technology has actually outpaced federal laws and, as a result, could operate to and intelligence investigations, and he preclude the Intelligence Community from the law. What we found is that we are using current tools and authorities, or pre- was repeatedly told criminal investiga- now able to collect intelligence in ways clude Congress from acting quickly to give tors could not aid in the investigation. that were never understood when the the Intelligence Community the tools it may Finally, after being repeatedly rebuffed FISA law was first written nearly 30 need in the aftermath of a terrorist attack in in requests for assistance in searching years ago. As a result, we need to the United States or in response to a grave for Khalid al-Mihdhar and the other hi- change that law to accommodate the threat to the national security. jackers, the agent sent the following, intelligence collection capabilities we Another serious flaw of the Judiciary disturbingly prophetic, e-mail to FBI have today. Committee bill is it has a provision headquarters in August 2001. August Before we changed the law last year, that would limit FISA overseas intel- 2001. U.S. intelligence agencies had lost ligence gathering—to quote the legisla- Whatever has happened to this, someday about two-thirds of their ability to col- tion itself— someone will die and, wall or not, the public lect communications intelligence . . . to communications to which at least will not understand why we were not more against al-Qaida. Obviously, in this one party is a specific individual target who effective in throwing every resource we had war, we cannot cede two-thirds of the is reasonably believed to be outside the at certain problems. battlefield to our enemy, to the terror- United States. Well, the officials who created the in- ists. The problem, of course, is it is not al- telligence investigation wall in the When we enacted the Protect Amer- ways possible to identify such a spe- 1990s, and who thereby undercut the ica Act last summer, we regained that cific individual in our intelligence col- search for al-Mihdhar and the other hi- capability to collect communications lection. jackers, at least had one excuse. In the intelligence against al-Qaida by con- And finally let me respond generally summer of 2001, few people appreciated forming the legal procedures to the to those who would dismiss or ignore the threat the Nation faced from al- technology that is available to us. Let the harm done to our national security Qaida. Few realized how devastating an there be no doubt that the collection of by applying layer after layer of bureau- al-Qaida terrorist attack could be and this information, as a result of that cratic hurdles to foreign intelligence how many innocent people could be work, is critical to our Nation’s secu- investigations. These restrictions, for killed. rity. In fact, in a New York Times op- example, that the Judiciary bill would Today we have no such excuses. We ed on December 10, Michael McConnell, impose, matter in our agents’ ability have already suffered one horrific al- the Director of National Intelligence, to collect this intelligence. We know Qaida attack, and we know much worse noted that ‘‘[i]nformation obtained they can undermine critical investiga- attacks are possible. We now know under this law has helped us develop a tions because we have seen it happen in what is at stake. Yet despite this greater understanding of international the past, and let me cite an example knowledge, some in this body are pro- Qaeda networks, and the law has al- that makes this point. posing we repeat the mistakes of the lowed us to obtain significant insight In the 1990s, the Justice Department past; that we create new walls and into terrorist planning.’’ determined—well, first of all, it im- other arbitrary legal procedures to the Similarly, on October 31 of this year, posed this infamous wall that seg- surveillance of al-Qaida. We know from Kenneth Wainstein, the Assistant At- regated foreign intelligence and crimi- hard experience terrorist plots are hard torney General in charge of the Justice nal investigations. It determined it was to detect, and we don’t get many Department’s National Security Divi- necessary to do this to protect con- chances to stop them. We know what a sion, testified before the Judiciary stitutional rights, but it went well be- terrible loss of life a terrorist attack Committee that ‘‘since the passage of yond what the FISA law itself re- can inflict. the [Protect America] Act, the Intel- quired. These rules were created by in- We know if another terrorist attack ligence Community has collected crit- dividuals, and they prevented criminal occurs, there will be multiple reviews ical intelligence important to pre- and intelligence agents who were chas- and investigations that will identify venting terrorist actions and enhanc- ing after the same suspects from co- what went wrong, what opportunities ing our national security.’’ operating with each other, even shar- were missed, and who was responsible. This is important business. It is work ing information with each other and Members who are thinking about sup- worth doing. with the other agents. So the FBI and porting the Judiciary Committee bill The Intelligence Committee, in a the CIA had a very difficult time talk- should think hard about the con- very bipartisan way, crafted an exten- ing to each other. This was part of the sequences of enacting a set of arbitrary sion of the foreign Intelligence Com- criticism of the 9/11 Commission after limits on the surveillance of al-Qaida. mittee legislation. that horrible event. If that substitute is enacted, it is like- The Judiciary Committee, on which I Well, a few years after this wall was ly to undermine future critical intel- sit, took a much more partisan ap- built, in the summer of 2001—note the ligence investigations, just as the wall

VerDate Mar 15 2010 22:12 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JA8.REC S22JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 22, 2008 CONGRESSIONAL RECORD — SENATE S21 between intelligence and criminal in- year. And because this is the Senate, States; and 10,000 more math and vestigations undermined the search for where it often takes 60 votes to get a science teachers. That we can do. the 9/11 hijackers. Future investiga- meaningful result, that means we in- We know we have to be bipartisan to tions will uncover exactly what went vite the Democrats to work with us in get a result. Some things are bipar- wrong, and we will be held accountable a bipartisan way to get those results. tisan, and I have mentioned many of for our actions. Republicans didn’t seek our offices to them, but some things should be bipar- I urge my colleagues to reject the Ju- do bad things to Democrats. We are tisan that aren’t. For example, the diciary Committee substitute and vote here to do good things for our country, Federal Government is saying the Sal- to ensure our intelligence agents have and there is plenty to do. We see what vation Army can’t require its employ- the tools they need to confront the is happening in the housing market, ees to speak English on the job. Well, threat posed by al-Qaida and other for- with oil prices, with rising health care Americans, by 80 to 17 percent, believe eign terrorist organizations. costs. We know we need to move quick- employers should be able to require The PRESIDING OFFICER. The Sen- ly with a bipartisan approach to help their employees to speak America’s ator from Tennessee is recognized. get the economy back on track. Our common language on the job. We have Mr. ALEXANDER. Mr. President, I preference is to let businesses and peo- legislation to make that clear. It is bi- wish to congratulate the Senator from ple keep and spend more of their own partisan to some degree, but not as bi- Arizona on his thoughtful comments money to boost the economy. We want partisan as it ought to be. The prin- regarding intelligence. to grow the economy, not the Govern- ciple is right there above the Senate How much time remains? ment. Presiding Officer’s desk. It says: One The PRESIDING OFFICER. There We know we need, as Senator KYL from many—‘‘e pluribus unum.’’ are 18 minutes remaining. was saying, to intercept communica- Another challenge that should be Mr. ALEXANDER. Mr. President, I tions among terrorists to protect our more bipartisan, because most Ameri- will take half that, and if the Chair country. We saw the Rockefeller-Bond cans see the wisdom of it, is addressing will let me know when 2 minutes re- bipartisan proposal passed by 13 to 2 in a shortage of medical care in rural main, I will be grateful. the Intelligence Committee. Our solu- America caused by lawsuit abuse. OB– f tion is to make sure companies aren’t GYN doctors are abandoning rural penalized for helping us protect our- areas across America and mothers are REPUBLICANS READY TO WORK selves, while at the same time securing driving too far for prenatal health care Mr. ALEXANDER. I, too, welcome individual rights. We want a strong na- and to have their babies. We should ROGER WICKER to the Senate. I have tional defense. work across party lines to change that. known him a long time. He has been a We see there are 40 million or so The solution we have offered is to stop leader for the Tennessee Valley Au- Americans uninsured, and we want to runaway lawsuits that make doctors thority. He is one of Congress’s most change that. We don’t want to take a pay $100,000 or more a year for mal- knowledgeable Members, and he has year off in dealing with health insur- practice insurance. That is why they been a leader in helping to put Amer- ance. We want to start this year. As leave the rural areas. This is the prin- ican history back in its rightful place the Republican leader said, our goal is ciple of equal opportunity. in our classrooms so our children can that every American have health insur- There is plenty of work to do. Thirty grow up learning what it means to be ance, starting with small business years ago, I began my service as the an American. He was the lead sponsor health insurance plans, moving on to Governor of Tennessee. I was a young in the House of Representatives on leg- reforming the Tax Code so Americans Republican Governor and the State was islation that I introduced in the Senate can afford to buy private insurance. very Democratic, thank you. So the that created summer academies for There are a number of Democratic and media ran up to the big Democratic outstanding teachers and students of Republican proposals on reaching the speaker of the house, Ned McWherter, American history. goal we have in helping every Amer- and said: Mr. Speaker, what are you I would also like to congratulate ican to have health insurance. We can going to do with this new young Repub- Marty Paone on his service here. We all start this year. lican Governor? And to their surprise, admire him and will miss him. There is no need to wait to deal with the speaker said: I am going to help I thank the majority leader for his Medicaid and Medicare spending an- him. Because if he succeeds, our State remarks at the beginning of the year, other year. We all know, at their succeeds. And that is the way we and I especially wanted to echo the re- present pace of growth, those two ac- worked for 8 years. marks the Republican leader, Senator counts will bankrupt our Government. Now, we are not naive about politics MCCONNELL of Kentucky, made. He It is irresponsible to wait. That is a bi- in Tennessee. We had, and have, our pointed out that we have had a Presi- partisan conclusion. There are a num- fights. We argued about our principles. dential election in this country every 4 ber of proposals from both sides of the If I had a better schools program, they years since 1788. Senator MCCONNELL aisle to begin to deal with that, from had an even better schools program on pointed that out, and he said we would Senator GREGG and Senator CONRAD, to the other side. But we kept our eye on not use this year’s election as an ex- Senator FEINSTEIN and Senator DOMEN- the ball. In the end, we worked to- cuse to put off the people’s business for ICI and Senator VOINOVICH as well. We gether. In the end, we got results. That another day. In other words, it is a should get started. These are the prin- is why we brought in the auto industry Presidential year, and some around ciples of fiscal responsibility and lim- and created the best four-lane highway town are writing and saying: Well, they ited Government. system and created chairs and centers will not get much done in Congress this Last year, we took some important of excellence at our universities that year. We are saying on the Republican steps to keep jobs from going overseas still exist, and we began to pay teach- side of the aisle, and I hope it is being by growing more jobs at home. We see ers more for teaching well. said on both sides of the aisle, that the problem of competition with China I would like nothing more than to there is no excuse for Congress to take and India. We worked together to pass move that kind of cooperation from a year off, given the serious issues fac- a bill—the American COMPETES Act— Tennessee to DC. I sense that from ing our country. authorizing $34 billion to keep our Democrats and Republicans all through A number of politicians are cam- brainpower advantage. Now let us im- this body. Of course, we will argue. We paigning for change, we have all heard. plement it. Senator HUTCHISON of were elected because we have dif- Republican Senators are ready to help, Texas, Senators BINGAMAN and DOMEN- ferences. This is a debating society. working with our colleagues, to give ICI of New Mexico, and many others But we don’t stop with our disagree- the Senate an opportunity to vote for have worked hard on this. So let us im- ments, we should finish with our re- real change. We wish to change the plement more advanced placement sults. So we are here to change the way way Washington does business by going courses for low-income students, a mil- Washington does business, as the Re- to work on big issues facing our coun- lion and a half more; more highly publican leader said, and I look forward try. And not just go to work on them trained scientists and engineers com- to a constructive year of helping our but to get principled solutions this ing in to help grow jobs in the United country move ahead with a steady

VerDate Mar 15 2010 22:12 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JA8.REC S22JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S22 CONGRESSIONAL RECORD — SENATE January 22, 2008 stream of specific solutions to big the Freedom of Information Act in per- that. There is a Web site associated problems that get results because they haps as much as 25 years. with the Office of Management and either are bipartisan or because they I think perhaps the best anecdote to Budget called expectmore.gov. I hope should be bipartisan. public skepticism about Washington is people will look at that. I yield the floor. greater transparency because I believe What I discovered when I looked at it The PRESIDING OFFICER. The Sen- giving the public information about is that the Office of Management and ator from Texas. how their Government works is a way Budget has reviewed 1,000 different Mr. CORNYN. Mr. President, I would to empower them to hold elected offi- Federal Government programs and like to join my distinguished colleague cials and Government accountable. found 22 percent of them either ineffec- from Tennessee who recently was elect- When things happen in secret, behind tive or the Office of Management and ed to the leadership on this side of the closed doors, that does not happen. So Budget cannot tell whether they are aisle. His responsibility and mine is to I am delighted there are plenty of op- serving their intended purpose. help try to find a way to work to- portunities for us to work together. I I am not sure which is worse. Either gether, not by sacrificing our prin- think we should embrace them, not run they are proven ineffective or else you ciples but to try to find that common away from them or look for opportuni- cannot tell. Either way that is unac- ground rather than what divides us. ties for us to pick fights and to feed ceptable and we need to find a way to But first let me also express my con- that skepticism and really the sense deal with those wasteful Washington gratulations to our new colleague from that I think many people expressed to programs that need to be eliminated. I Mississippi, Senator WICKER, who had a me that they feel as though Wash- proposed a Federal sunset commission distinguished career in the House of ington is increasingly irrelevant when that is modeled after many of the Representatives and comes here, I it comes to dealing with the challenges States, such as my State, the State of know, with a lot of hopes and aspira- that affect our lives. Texas, where you have periodic reviews tions. I look forward to working with The economy is one that has, of of those programs, and every once in a him as he represents his State and as I course, come roaring to the forefront while the bureaucrats have to come in represent my State, the State of Texas, as an issue on which we need to work and justify the reason for the pro- and as we all work together to rep- together. I was pleased to hear Speaker gram’s existence. If circumstances have changed, the resent the United States, hopefully, to PELOSI and Majority Leader REID say provide for the aspirations and dreams they wanted to work with the Presi- program is no longer needed, it can be of the American people to make it pos- dent to come up with a stimulus pack- eliminated or the budget, rather than sible for them to live their dream. That age that is timely, targeted, and tem- securing an inflationary or cost-of-liv- ing increase in the size of that program is what the United States has always porary, something that would hope- each year without any real scrutiny or been; that is what it should remain. fully get the economy moving again as oversight, they start out with a zero- I cannot help but reflect, returning it has been for roughly the last 4 years, based budget and have to justify each from our holiday recess, I had some- where we have seen an unbroken record body this morning in the cafeteria say: dollar of that budget. of growth of the economy, increased So I think a national sunset commis- Welcome back from your vacation. number of jobs, some 9 million new I said: Well, I prefer to call it the al- sion would help us eliminate more jobs created. wasteful Washington spending. As I ternate work period because it was not Frankly, the way that happened is said, I am proud of the work that Sen- entirely a vacation, although I did get because we allowed the American tax- ator LEAHY and I were able to do in a some time off, as did my colleagues. payer and small businesses to keep bipartisan way to reform the Freedom But I trust that we all came back re- more of what they earned so they could of Information Act to give people more freshed and rejuvenated and ready to invest it, they could spend it on the information about their Government so take on the challenging work that lies education for their children, they could they can hold Government and Govern- ahead. do whatever they wanted to with it be- ment officials accountable. But I think I have to say, if I heard it once, I cause it is theirs. Sometimes I think it there is more that we need to do. Re- heard it a thousand times as I traveled is helpful to remind ourselves that the cently, earlier this month, the Govern- the State of Texas, people are frus- money that hard-working Americans ment launched a new Web site called trated with Washington, DC. They earn is their money. It is not ours. It is www.usaspending.gov which allows think Washington is broken. They do not the Federal Government’s money. Americans to search for Federal grants not hear about those occasions when Sometimes I think when people are and contracts. I am going to propose we work together to pass legislation on in Washington too long they begin to legislation—I am eager to find col- a bipartisan basis. They hear the con- think of this as revenue pay-fors, ways leagues on the other side of the aisle flict and the divisiveness and the par- to raise funds so that Government can with whom I can work; I am sure there tisanship, and they do not like it. I had grow bigger and spend people’s money. will be a number of them—to build on to tell them, each of my constituents Well, the American people understand this Web site and allow taxpayers to when they mentioned that: Well, I do there are some things they cannot do see how the Government spends their not like it very much either. I did not for themselves and Government has to tax dollars. run for the Senate and I do not serve in do, such as the common defense, and Now, I wish I could say I thought of a position of public trust to come up they are willing to pay their taxes for this on my own, but the fact is, our and pick fights. efficient Government that delivers a comptroller in the State of Texas—may Everybody knows in politics it is al- particular result that Government only I inquire how much time remains? ways possible to pick a fight, but it can provide. The PRESIDING OFFICER. Five sec- does not take any particular genius to But we ought not to use this stim- onds. do that. What we ought to be doing, ulus package, the downturn in the Mr. CORNYN. Mr. President, I am and what it takes hard work to do, is economy, as a way to burden the Amer- proud of the work that is being done by trying to find common ground. There is ican people with more taxes or find the State comptroller of Texas, Susan plenty of common ground. new ways to grow the size of the Fed- Combs, who has created a Web site Senator ALEXANDER mentioned a eral Government. So I hope we can con- wherethemoneygoes.gov. We need to number of tremendous bipartisan ac- tinue in a careful and judicious and use greater transparency and the ac- complishments—the America Competes thoughtful way to find common ground countability that goes with it to re- Act. There have been a number of op- to work on a stimulus package that the store public confidence in how Govern- portunities for us to work together in a President will sign and that will enjoy ment works. I look forward to working bipartisan way. I am particularly bipartisan support. with our colleagues across the aisle proud of some legislation that Senator Now, there is a lot of skepticism, as and hope to find common ground, not PAT LEAHY, the chairman of the Judici- I said, about Washington. Part of it is to pick fights and find out where we ary Committee, and I were the cospon- that the Government does not spend differ but to find where we can move sors of that the President signed into the tax dollars well, efficiently. I have this country forward and solve some of law in December, the first reform of to tell you there is good evidence of the problems that confront us.

VerDate Mar 15 2010 22:12 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JA8.REC S22JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 22, 2008 CONGRESSIONAL RECORD — SENATE S23 Mr. President, I yield the floor. mutual funds and 401(k)s and IRAs. called stimulus package is going to be The PRESIDING OFFICER. The as- And so what happens is the stock mar- limited so that it still doesn’t help sistant majority leader. ket, at least in the back of our minds, those in middle-income status or lower f is how I am doing. If the stock market middle-income status, those working families who really do put up a strug- SENATE GRIDLOCK AND ECONOMIC is not doing well, my family is not gle trying to get by. You don’t have to STIMULUS doing well. So when the news came out yesterday that the bottom is falling spend much time out in the real world Mr. DURBIN. Mr. President, I thank out of international markets, and the to meet them. They are not the leg- my colleague from Texas for speaking Dow Jones opens with a tremendous endary welfare kings and queens. These to a higher level of bipartisan coopera- slump of 400 points or more, people un- people get up and go to work every tion in the Senate. derstand something is not right. morning. They work hard. They don’t I sensed this in returning to Illinois Last week, the Secretary of the make a lot of money. They struggle and out on the campaign trail for my Treasury, Mr. Paulson, called me and with no health insurance or health in- colleague, Senator OBAMA, that this is many leaders in the Senate and all but surance that is virtually worthless. a sentiment widely shared. The Amer- acknowledged that we need to do some- They struggle with trying to fill up a ican people understand we have a lot of thing, and do it in a hurry, if we are gas tank. It may be a beat-up old car, challenges in this country, and they going to try to stop this economy from but it is their lifeline to get to work, to also understand it is easy to gridlock sliding into a recession. make a paycheck, to keep things going. the Senate. Well, I agree with him completely. If They struggle with heating bills in a We had an all-time record number of you look at what we have done over harsh and cold winter. They struggle filibusters initiated by the minority the past 7 years, to many of us it is no with the dream of a college education side of the aisle this last year. Sixty- surprise where we are today. There for their kids and pray they will have two, I believe, was the final count, were many on the Republican side who a better life. These are the real-world which eclipsed the 2-year record of 62 argued for years and years, and still struggles of real families who have filibusters that had been prevailing. been largely ignored in this economic Certainly, we all know how to stop this continue to argue, that tax cuts for the wealthiest people in America are the debate in Washington. train in the Senate. Minority rights When we get down to a discussion of are well respected by the Senate rules. answer to everything. If you have a surplus, you need a tax an economic stimulus package, we ig- And 15 minutes into our service in the nore these families again at our peril. Senate, you might hear the words cut. If you have a deficit and need to stimulate the economy, you need a tax Any stimulus package that fails to ac- ‘‘unanimous consent,’’ and realize: knowledge their need will fail to stim- Well, I will be darned. If I stand up and cut. You always need a tax cut. This kind of moralistic position of cutting ulate the economy. I don’t know what object, everything stops. And it is a the parameters will be. Targeted, tem- fact. taxes for the wealthiest people in America has been the basic doctrine of porary—all of these things make sense. Many Senators have used that for But let’s make sure we are doing the valid and invalid reasons, but it has the Republicans in leadership for a long time. right thing for the right people. been used a lot. We have one Senator Many people go to work every day They have had their way: President on the other side of the aisle who takes making a minimum income. They Bush’s tax cuts, even though they have pride in the fact that he has single- struggle to get by. At the end of the generated the highest deficits in our handedly stopped 150 pieces of legisla- day, they pay their taxes but don’t history; a greater dependence on for- tion from even being debated and con- have a Federal income tax liability. eign countries and foreign capital than sidered on the Senate floor. Many of How can that be? They are paying their ever before; the fact that the President them are not even controversial. Social Security taxes, they are paying made history, in an unusual way, in I hope we find a way around this. I the Medicare requirements, all of the calling for more tax cuts in the midst want to respect every Senator’s right, things all workers have to pay. But of a war. but if we truly want bipartisan co- they don’t make enough money be- All of these things notwithstanding, operation, there are ways to achieve cause of the size of the family to be lia- our economy is slumping. There are a that. Using filibusters would not be ble for Federal income tax. that; objecting to bills just categori- lot of reasons for that. One of the rea- Who are these people? I can give an cally would not be that approach ei- sons, of course, is we have ignored the example. We estimate that 40 percent ther. But the one thing the American obvious. The strength of America is the of all households may not make enough people certainly want us to do is to strength of our families. And 40 percent to qualify for one of the proposed stim- wake up and smell the coffee. And this of the families in America do not get ulus packages. Families of four making morning, if you woke up and smelled close to the numbers that Republicans less than $25,000 a year would get noth- the coffee, you also smelled something consider to be the right level for tax ing. A family of four making $25,000 a burning on Wall Street. What is burn- cuts. year, if it isn’t given a refundable tax ing is the Dow Jones Industrial Aver- Over 40 percent of the people in this credit, will receive nothing by way of a age. I do not know what it is at this Nation struggle in an effort to pay stimulus check. moment, but it has been pretty awful their bills and really live paycheck to What does a family do if they are starting this day, and it has been pret- paycheck. making $25,000 a year and receives ty awful for a long time. It doesn’t take much to derail that $1,600, let’s say, from the Federal Gov- It is interesting in American politics family train, whether it is the loss of a ernment? Well, if you are trying to get that when I first started running for job or serious illness or some other ca- by on $2,000 a month, $1,600 from the Congress 25 years ago, the most impor- tastrophe. These people have not been Federal Government may be the an- tant information for most voters was a priority of the Republican leadership swer to your prayers. You may finally how many people were unemployed. in the Senate, the House, or the White be able to turn around and buy some- And the monthly reports on unemploy- House. Now comes the time when the thing you have put off for a long time. ment really kind of fueled the cam- economy is slumping, and all of a sud- You may be able to catch up on some paign. If a President had more and den this group that had been ignored of your bills. Getting $1,600 when you more people out of work, there was a for so long by Republicans in their tax- are making $2,000 a month is a big deal. downturn in the economy and a down- cutting priorities is, front and center, Let’s look at the other end of the turn in that President’s popularity. the centerpiece for saving the Amer- equation. What if you are making That was historically the standard. ican economy. Welcome to real Amer- $20,000 a month and you get $1,600 But over time we have stopped talking ica, I say to my colleagues. These are more? That is nice. I am sure there is about the unemployment figures as the people who have been struggling something you can do. Will it change much and tend to watch the stock mar- for a long time and waiting to be redis- your lifestyle? Will it change the econ- ket a lot more. covered. They should be rediscovered. omy? It is not as likely. I think it has to do with many of us I am troubled to learn—at least some That goes back to something I have our retirement savings tied up in speculation is out there—that this so- learned a long time ago from a Jesuit

VerDate Mar 15 2010 22:12 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JA8.REC S22JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S24 CONGRESSIONAL RECORD — SENATE January 22, 2008 priest who taught economics at While we understand that compromise will ADDRESSING THE LONGER-TERM CAUSES OF Georgetown University called the mar- be necessary to enact a stimulus package ECONOMIC WEAKNESS ginal propensity to save. For every dol- within the next month, we urge you to insist We are hopeful that Congress and Presi- on legislative measures that will have the dent Bush can enact a short-term stimulus lar you are given, what is the likeli- greatest stimulative impact on the economy hood you will spend it and the likeli- within the next month. However, given the and would not lead to economically depress- nature of legislative compromise, any stim- hood you will save it? Economists look ing budget cuts and tax increases at the ulus package enacted within that time frame at that, and they know that if you are state and local level. is likely to be only a down payment on what in a lower income group, you are less (1) Extension of unemployment benefits. is necessary to address this country’s eco- likely to save, more likely to spend, The Congressional Budget Office (CBO) and nomic problems-even in the short term. Con- because you are living paycheck to Mark Zandi of Moody’s Economy.com rank gress may even need to consider a second unemployment benefits at the top of the list paycheck. If you have a lot of money, stimulus package later in the year. of possible stimulus choices, increasing eco- Congress must also begin focusing today you are more likely to save and less nomic demand by $1.73 to $2.15 for each dol- on the most fundamental underlying causes likely to spend because you are meet- lar spent. We urge you to enact a one-year of our current economic weakness. While it ing your needs each paycheck. So when federal unemployment compensation pro- is appropriate for Congress to focus on meas- we devise a stimulus package, let’s gram that provides 20 weeks of extended un- ures that have an immediate economic im- make sure we keep that fundamental employment benefits in all states; 13 addi- pact as it crafts a short-term stimulus pack- rule of economics in mind. Let’s make tional weeks in ‘‘high unemployment’’ states age, this is no excuse to put our heads in the with an unemployment rate of 6.0% or more; sure struggling families at lower in- sand and do nothing about the underlying a $50 per week benefit increase; and addi- longer-term problems afflicting our econ- comes aren’t left behind. The fact that tional administrative funding. We also urge omy. they don’t pay income tax doesn’t Congress to provide federal financing for One of the underlying causes of our current mean they are tax free. They do pay states to expand eligibility to lower-income economic weakness is the stagnation of ordi- taxes for Social Security, for Medicare, workers, part-time workers, and workers nary Americans’ incomes. This will probably other things—sales tax, for example. who leave their jobs for compelling family be the first business cycle in which the typ- reasons. ical family will have lower incomes at the This is the targeted group when it (2) Increase in food stamp benefits. Many comes to a real stimulus. end of the recovery than they did at the be- food stamp recipients are not tax filers and ginning of the last recession. Wage stagna- I ask unanimous consent to have do not receive unemployment benefits, so tion, which began in the 1970s, has led to printed in the RECORD a letter sent to they would not benefit from a tax rebate or longer working hours, higher consumer debt, all Members in leadership on January unemployment benefit extension. An in- and increasing reliance on home equities. 18 from John Sweeney. John is presi- crease in food stamp benefits would be one of But today home values are plummeting, dent of the American Federation of the most effective forms of economic stim- home foreclosures are on the rise, consumer Labor and Congress of Industrial Orga- ulus, since it would almost certainly be debt is reaching unsustainable levels, and spent in its entirety very quickly, boosting prices for energy, health care, and education nizations, the AFL–CIO. John lays out demand for goods and services in the short his priorities, the priorities of his orga- are soaring out of reach for many working term. families. nization when it comes to a stimulus (3) Tax rebate targeted towards middle-in- There are various long-term solutions to package, a short-term stimulus. come and lower income taxpayers. The indi- the underlying problem of wage stagnation, There being no objection, the mate- vidual income tax rebates proposed by Presi- They include fixing our broken labor laws so rial was ordered to be printed in the dent Bush should be retargeted towards mid- that workers who want to form a union can Record, as follows: dle-income and lower-income taxpayers, who bargain with their employers for better are most likely to spend the money and wages and benefits; ensuring affordable AMERICAN FEDERATION OF LABOR thereby stimulate economic activity, by health care and retirement security; fixing AND CONGRESS OF INDUSTRIAL OR- making them available to taxpayers who pay our flawed trade policies; and reactivating GANIZATIONS, payroll taxes but not income taxes. Accord- the historically successful fiscal and mone- Washington, DC, January 18, 2008. ing to Mark Zandi, a one-time uniform tax tary policies that place a higher priority on Hon. NANCY PELOSI, rebate would increase demand by $1.19 for full employment. Near-term energy invest- Speaker of the House of Representatives, Wash- every dollar spent. ments in the greening of our energy base ington, DC. (4) Fiscal relief for state and local govern- would also offer both environmental and eco- Hon. HARRY REID, ments to avoid the economically depressing nomic payoffs in the form of good jobs and Senate Majority Leader, Washington, DC. effect of tax increases and budget cuts. State improved competitiveness. DEAR SPEAKER PELOSI AND MAJORITY LEAD- and local governments are experiencing Another underlying cause of our current ER REID: As Congress considers legislative lower property and sales tax revenues, due to economic weakness is deregulation of the fi- responses to current and anticipated weak- the slumping housing market and slowing nancial sector. The absence of transparency ness in the U.S. economy, the AFL-CIO urges economic activity. Tax collections are down and effective regulation of the mortgage and you (1) to include in a short-term stimulus in 24 states, and at least 20 states are ex- financial services industries cries out for ur- package measures that will have the most pected to have budget deficits this year. gent attention. impact on the economy and get the ‘‘biggest Since many states have balanced budget re- Speaker Pelosi and Majority Leader Reid: bang for the buck’’: and (2) to address the un- quirements, a decrease in revenues can lead though we have framed this discussion in the derlying causes of current economic weak- to budget cuts or tax increases, both of rather dry and impersonal language of stim- ness. which intensify the impact of an economic ulus and macroeconomic impacts, there is a SHORT-TERM STIMULUS downturn. Congress should provide at least human dimension to this story we can never $30 billion in aid to the states in the form of It is encouraging that President Bush has lose sight of. Many, many working families revenue-sharing grants and increases in the recognized the immediate need for an eco- all over this country are barely hanging on Medicaid match. According to Mark Zandi, nomic stimulus package. Judging from ini- and are deeply worried that the steep eco- state fiscal relief would increase demand by tial reports, however, it appears that Presi- nomic downdraft will pull them off their per- $1.24 for every dollar spent. ilous perch. The real test for any economic dent Bush’s proposals are too heavily (5) Acceleration of ready-to-go construc- weighted towards tax cuts over much-needed proposal considered by Congress in the com- tion projects. Putting Americans to work di- ing weeks and months should be: what does spending, do not address crucial problems rectly in construction and repair projects is facing working families, and do not target it mean for them? an obvious response to rising unemployment, Thank you in advance for your consider- tax benefits to those families who need them and would directly create additional de- most and will spend them fastest. ation of our concerns. mand. Unlike tax rebates, all of this invest- Sincerely, In particular, we are concerned that the ment would be spent to increase domestic President’s income tax cut proposal would JOHN J. SWEENEY, economic activity, none would be spent on President. not be sufficiently stimulative because it imports, and none would be saved. fails to target lower-income and middle-in- Furthermore, we believe public investment Mr. DURBIN. If Members look at the come households who, as the Congressional in infrastructure can be targeted and timely. list of things John Sweeney has high- Budget Office (CBO) wrote last week, are For example, there is a backlog of at least lighted, he understands what I have likely to spend a larger share of any tax ben- $100 billion in needed repairs to U.S. schools. just described: the rules of economics, efit they receive. We are also concerned that There are 6,000 bridges that have been de- the fact that a lot of working families the President’s proposal to cut business clared unsafe, and many of these projects are have not been part of the grand bargain taxes would not be sufficiently timely and, ready for work to begin immediately. because of the linkages between federal and We urge Congress to provide $40 billion for in Washington for a long time. John state tax codes, could trigger economically public investment in infrastructure, includ- Sweeney says: Let’s extend unemploy- depressing budget cuts and tax increases by ing school, bridge, and sewage treatment re- ment benefits. That certainly is some- state governments. pair. thing on which money is well spent.

VerDate Mar 15 2010 22:12 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JA8.REC S22JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 22, 2008 CONGRESSIONAL RECORD — SENATE S25 Every dollar you put into unemploy- if you are being paid the minimum taxes, people who don’t pay payroll ment benefits increases economic ac- wage in America, you are making a lit- taxes but file because they think, as tivity by $1.73, up to $2.15. It is a ter- tle over $20,000 a year. So even people good Americans, they should—they rific boost to the economy, plus it goes making twice the minimum wage and have no income tax liability and no to the people who need it the most, the more would receive no help from some payroll tax liability—and also some ones who are out of work. of proposals made already. We don’t senior citizens who file income tax re- Mr. Sweeney also calls for an in- need to bypass 45 percent of house- turns but who do not have any signifi- crease in food stamp benefits. Many of holds, 65 million of them with modest cant income tax liability. The fact is, these people are not tax filers and incomes. If a family of four has an in- if the rebate alone were to be given to don’t receive unemployment benefits, come below $41,000 a year, under some anybody who files an income tax re- so they would benefit. They are strug- of the proposals being discussed, they turn, which was not the case with the gling with their jobs, trying to get by, receive no help at all. We have to make 2001 rebate program—that applied only and many of them still qualify for food sure they are included. We have to to people who paid income taxes—if a stamps. make certain the economic stimulus rebate were to apply to all filers irre- He also talks about a tax rebate tar- package really reaches those who have spective of whether they paid income geted toward middle and lower income been left behind by the tax cuts for tax, that would reach 90-plus percent of taxpayers. He talks about acceleration wealthy people that have been in vogue all Americans. Add to that extending of construction projects. That is money for so long in Washington. unemployment insurance benefits and well spent too. It isn’t just the Tax These families are the strength of food stamp benefits, I think that pack- Code we should be looking at. There our country. These are the people who age would really help people who need are other ways to move the economy get up every morning and go to work, it the most. and do the right thing for America. raise the kids, and make the neighbor- There are various ways to put this One of the things Mr. Sweeney notes hoods and towns that make America together. I even suggested as a possi- in his letter is that there is a backlog strong. It is time for us to try to come bility, so as not to spend more than we of $100 billion in needed repairs to together on a bipartisan basis, get an should on a total package, that where- American schools. He also says there economy moving forward which helps as the President is suggesting an $800 are 6,000 bridges that have been de- all of us by making certain we don’t rebate for individual filers and a $1,600 clared unsafe. The Presiding Officer leave behind those families at the end rebate for couples, that could be sig- certainly knows that issue well, as of the economic ladder who have been nificantly cut down, but give a bonus chair of the Transportation Appropria- ignored for so long. to households that have children so tions Subcommittee. There is a lot we During the course of this break, I vis- that a couple with two or three chil- can do to improve the economy of ited with a lot of families. It is hard to dren would get an additional, say, $400 America by improving the infrastruc- imagine sometimes, for those of us who bonus per child in addition to the, say, ture. I don’t have to remind people are lucky enough to make a good living $400 or $500 payment an individual what happened in Minnesota not long and have good health insurance, what would get or, say, an $800 check that a ago when a bridge failed. People died. these poor families put up with in try- couple would get. It is an indication to all of us that we ing every single month to keep it to- My point is, the Finance Committee have to be aware of that need. gether. It is a lot of stress and strain. is exploring different ways to make This letter I commend to all col- There is no stimulus package we will sure we do what is best. Of course, it leagues because it is a good starting pass that will wave a magic wand and will depend on some negotiation with point when we discuss what we can do make their lives miraculously better. the White House and both Houses of to this economy to make a difference, But woe to us if we pass a stimulus Congress. But I want to make the point a real stimulus package. package which ignores the reality of clearly that we in the Finance Com- This package should be funded at ap- economic sacrifice and struggle in mittee are doing our level best to try propriate levels to have an impact on America. Woe to us if we pass a stim- to find what works best, to get the our gross domestic product. The money ulus package which ends up putting greatest bang for the buck, with a view should go by way of help to taxpayers money in the hands of those who, toward getting a stimulus package and their families who truly are strug- frankly, don’t need it as much as oth- passed quickly, not loading it up with gling. I just have to tell you, if you are ers. And woe to us if, at the end of the measures that are going to bog it down making a quarter million a year, the day, we stay hidebound to some old and prevent passage. notion that the Federal Government is theories that have not worked and find f going to send a rebate check to Mem- our Nation sliding into a recession INDIAN HEALTH CARE bers of Congress and people who make where we will all suffer. dramatically more money—wait a I yield the floor. IMPROVEMENT ACT minute; what is this all about? Doesn’t The PRESIDING OFFICER (Mrs. Mr. BAUCUS. Madam President, I it make more sense for us to focus on MURRAY). The Senator from Montana. rise to speak briefly on the next order those folks who are struggling who will Mr. BAUCUS. Madam President, is of business, and that is the Indian spend it, who will energize the econ- the Senate in morning business? Health Care Improvement Act. omy, than maybe giving enough money The PRESIDING OFFICER. The Sen- In the 1939 WPA Guide to Montana, it for families so that they can put a lit- ator is correct. is written: tle extra coat of varnish on their Mr. BAUCUS. I rise to speak for less The Indian attitude toward the land was yacht? Is that really an economic stim- than 10 minutes. expressed by a Crow named Curly. ulus? I don’t think so. The PRESIDING OFFICER. The Sen- He was from the Crow Indian tribe. I hope we will be able to help those ator from Montana has 121⁄2 minutes re- Here is what he said: businesses that will create good-paying maining on the Democratic side. The soil you see is not ordinary soil—it is jobs in America. That is critically im- Mr. BAUCUS. I thank the Chair. the dust of the blood, the flesh, and the portant. I hope we will do this in a way I would like to make two points. bones of our ancestors. You will have to dig mindful of the need for unemployment First, the Finance Committee held a down to find Nature’s earth, for the upper insurance and food stamps for those hearing this morning—in fact, it is portion is Crow, my blood and my dead. I do who are truly at the bottom and trying going on right now—on an economic not want to give it up. to move on with their lives and make a stimulus package, pressing the Direc- But over our long national history, new life for their families. tor of the Congressional Budget Office, we all know, sadly, the Federal Gov- The Center on Budget and Policy Pri- Peter Orszag, on various options that ernment repeatedly separated Amer- orities issued a statement and said will stimulate the economy the most ica’s original inhabitants from the land that the stimulus plan that some have and what options will help people who they so dearly loved and continue to suggested may fail a test of being effec- need their money the most. That is not love. As a result of that sad and some- tive if it doesn’t help families making just all Americans who pay income times dishonorable history, as a result under $40,000 a year. Keep in mind that taxes but people who don’t pay income of treaties, statutes, court decisions,

VerDate Mar 15 2010 22:12 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JA8.REC S22JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S26 CONGRESSIONAL RECORD — SENATE January 22, 2008 executive orders, and moral obliga- States and the Secretary of HHS to Some might wonder why there is a tions, the United States owes a sin- consult with Indian health providers, separate Indian health care bill, and gular debt to its Native Americans. and they would ensure that Medicaid the answer is relatively simple: be- In partial fulfillment of that obliga- managed care organizations pay Indian cause this country has a trust responsi- tion, in 1976, Congress passed the first health providers appropriately. bility—a trust responsibility that has Indian Health Care Improvement Act. It is a good package. It is not near grown over a long period of time and That 1976 law was the first legislative enough. It is an abomination—it is a has been reaffirmed by the Supreme statement of goals for Federal Indian tragedy what little attention we pay to Court, affirmed by treaties with var- health care programs. That law estab- Native Americans’ health care needs. I ious Indian tribes—a trust responsi- lished the first statutory requirements wish more people in the country would bility to provide health care for Native for the provision of resources to meet visit Indian reservations. I wish they Americans. those goals. would visit Indian Health Service hos- The last comprehensive reauthoriza- In that 1976 act, the Congress found pitals. They would realize the abysmal tion of the Indian Health Care Im- that: plight of so many people in America. provement Act was 15 years ago in 1992. Federal health services to maintain and But this bill helps. It helps provide The act itself has been expired for the improve the health of the Indians are con- more resources where people need it— last 7 years, and it is long past the sonant with and required by the Federal not near enough but more—and I time for this Congress to reauthorize Government’s historical and unique legal re- strongly encourage the Senate to pass this program. Even though the act has lationship with, and resulting responsibility this bill when we get to it in the next expired, the Indian Health Service con- to, the American Indian people. hour or so. Congress should reauthorize tinues to provide Indian health care, Today, when we get to the bill—I the Indian Health Care Improvement despite not having a current authoriza- think roughly in about an hour from Act. tion. But with advances in medicine now—at long last, we will have before The United States owes a debt to the and in the delivery and in the adminis- us the Indian Health Care Improve- Native American population whose an- tration of health care, we need to fi- ment Act of 2007. It has been a long cestors are tied up with the very soil nally pass this reauthorization and trail that has led us here today. It is all Americans share. The Federal Gov- give the Indian population of this coun- important we made the journey to get ernment owes a duty to help improve try the advantage of the expansions we here. This bill will provide better the health of American Indians. And will do in this reauthorization bill. health care for nearly 2 million Amer- we in this Senate have the obligation This legislation reflects the voices ican Indians from 562 federally recog- to pass this act and honor the flesh, the and the visions of Indian Country. It nized American Indian and Alaska Na- bones, and the blood of our Indian also responds to a number of concerns tive tribes. We need to improve the brethren. that have been raised by others, includ- health care of Native Americans. Na- Madam President, I yield the floor ing the administration. The enactment tive Americans suffer from tuber- and suggest the absence of a quorum. of this reauthorization has been the 1 culosis at a rate 7 ⁄2 times higher than The PRESIDING OFFICER. The top priority of myself and the vice the non-Indian population. The Native clerk will call the roll. chair of the committee, Senator MUR- American suicide rate is 60 percent The legislative clerk proceeded to KOWSKI. I also wish to say the former higher than in the general population. call the roll. vice chair of the committee, the late Medicare—our program for seniors— Mr. DORGAN. Madam President, I Senator Craig Thomas from Wyoming, spends about $6,800 per person a year. ask unanimous consent that the order at the start of this Congress, worked Medicaid—the low-income program for for the quorum call be rescinded. very hard on this legislation and cared health care—spends about $4,300 per The PRESIDING OFFICER. Without very deeply about it. We bring this to person. The Bureau of Prisons spends objection, it is so ordered. the floor, remembering the work of about $3,200 per person for health care. Senator Thomas and recognizing his But the Bureau of Indian Affairs and f important work. the Indian Health Service spends only CONCLUSION OF MORNING I wish to describe the need for the $2,100 for health care. That is less than BUSINESS legislation as I begin before I describe a third of Medicare, less than half of the legislation itself. I have in the past Medicaid, and a third less than what Mr. DORGAN. Madam President, couple weeks done some listening tours the Federal Government spends for what is the order of the Senate? on Indian reservations, particularly in medical care for prisoners. The PRESIDING OFFICER. Morning North Dakota, and we heard and saw From the beginning of the Indian business is now closed. many examples of deplorable condi- Health Care Improvement Act of 1976, f tions in Indian health care. It is true Medicare and Medicaid have played a there are some health care providers in INDIAN HEALTH CARE IMPROVE- part in paying for health care delivered the Indian Health Service that are MENT ACT AMENDMENTS OF 2007 to Native Americans. The 1976 act making very strong efforts to do the amended the Social Security Act ‘‘to The PRESIDING OFFICER. Under best they can, but they are overbur- permit reimbursement by Medicare and the previous order, the Senate will pro- dened and understaffed, underfunded. I Medicaid for covered services provided ceed to the consideration of S. 1200, wish to give some examples of that. by the Indian Health Service.’’ Today, which the clerk will report. I wish to show a picture—a photo- Medicare, Medicaid, and now the Chil- The legislative clerk read as follows: graph, rather—of someone I have dren’s Health Insurance Program are a A bill (S. 1200) to amend the Indian Health shown to the Senate before. This is a significant source of funding for health Care Improvement Act to revise and extend woman on the reservation in North Da- care delivered to Native Americans. the act. kota, the Three Affiliated Tribes near I am proud that an important part of Mr. DORGAN. Madam President, this New Town, ND. Her name is Ardel Hale the Indian Health Care Improvement is a piece of legislation we have re- Baker. Ardel Hale Baker has given me Act before us today is a product of the ported out of the Committee on Indian consent to use her image. She had Finance Committee. That committee’s Affairs in the Senate. Senator MUR- chest pains that wouldn’t quit. Her provisions address health care provided KOWSKI, the vice chair, and I have blood pressure was very high. So they to Indians through Medicare, Medicaid, worked hard on these issues. We have went to the Indian health clinic, and and the Children’s Health Insurance also made some changes since report- she was diagnosed as having a heart at- Program. Those provisions would in- ing the bill out of the Committee on tack. The clinic staff determined she crease outreach and enrollment of Indi- Indian Affairs and will offer a sub- needed to be sent immediately to the ans in Medicaid and the Children’s stitute that will be cosponsored by nearest hospital 80 miles away. She Health Insurance Program. These pro- both of us. We are now clearing that told the staff she didn’t want to go in visions would protect Indian health substitute, and I will, at the appro- an ambulance because she knew she care providers from discrimination in priate time today, I hope, offer the sub- would end up being billed for the trip, payment for services and require stitute version. and she didn’t have the money. So she

VerDate Mar 15 2010 22:12 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JA8.REC S22JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 22, 2008 CONGRESSIONAL RECORD — SENATE S27 signed a waiver declining the ambu- tober 25, 2007. As the medicine ran out, Hale Baker and Ta’Shon Rain lance service, but the Indian Health she attempted five times to sign up at Littlelight. Service said you have to take it any- the clinic, leaving home early in the I sat on Indian reservations for a way. We have diagnosed a heart attack morning, driving 18 miles to the clinic total of probably 6 hours listening to happening here. You have to take the but arriving too late each time. Her stories about Indian health care. Let ambulance. name was not on the top 10. She me talk about the statistics, if I might. She arrived at the hospital and Ardel couldn’t wait at the clinic for a pos- For tuberculosis, the mortality rate Hale Baker at the hospital was being sible opening because she provided day for American Indians and Alaskan Na- taken out of the ambulance and trans- care for three of her grandchildren. So tives is seven times higher than the ferred to a hospital gurney. As this her medication ran out. American population as a whole. woman, having a heart attack, was In a conversation with her sister For alcoholism, the mortality rate is transferred to the hospital gurney, a prior to her death, she said: What do I six times higher. nurse saw a piece of paper taped to her have to do, die first before I finally get For diabetes, it is not double but tri- thigh and the piece of paper taped to my medication? She tried five times to ple—three times higher. her thigh was a piece of paper that was drive the nearly 20 miles to the clinic, Twenty percent of American Indians notifying the health care provider and five times failed and never got her and Alaskan Natives over age 45 have there wasn’t going to be any money for medicine, and she died a month later, diabetes. There are reservations in my this patient. The nurse asked this November 27, 2007. Her husband told State where they estimate over 50 per- woman who was then having a heart that story because he wants us to un- cent of the adults have diabetes. attack what the envelope was. She derstand that delivery of health care is American Indians and Alaskan Na- pulled the envelope that was taped to about life and death. tives have higher rates of sudden infant her leg off her leg and asked: ‘‘Mrs. I have shown a photograph to my col- death syndrome than the rest of the Baker, is this yours?’’ When they leagues. I wish to do so again. It is a Nation. looked at the paper, here was the docu- photo of a precious young lady who Injuries are the leading cause of ment. The document was from the De- died, Ta’shon Rain Littlelight. I was at death for Native Americans ages 1 to partment of Health and Human Serv- the Crow Indian Reservation in Mon- 44. Injuries include pedestrian acci- ices, attached by the folks on the In- tana when I met the grandmother of dents, vehicular accidents, and sui- dian reservation, taped to her leg as Ta’Shon Rain Littlelight. This was a cides. she left to be put in the ambulance, beautiful 5-year-old girl. She loved to The cervical cancer rate for Indians and it says: dance. This was traditional dance rega- and Alaskan Natives is four times Understand that Priority 1 care cannot be lia, and she loved to go to dance con- higher than the rest of the population. paid for at this time due to funding issues. A tests. Ta’Shon Rain Littlelight died. The suicide rate for American Indi- formal denial letter has been issued. If and Here is how she died. Her grandmother ans and Alaska Natives between ages 15 when funds become available, the health and mother and aunt told me she died, and 34 is triple the national average. service will do everything possible to pay for with the last 3 months of her life in For Indian teens in the northern Great Priority 1 care. unmedicated, severe pain. She went Plains, it is 10 times the national aver- What this means is this—contract back and back and back to the Crow age. health care, which cannot be delivered Tribe’s Indian Health Service clinic for I have shown my colleagues a photo- on the reservation. This reservation health problems. They began treating graph of Avis Little Wind. Avis Little has a clinic. It is open from 9 until 4 her for depression. Depression. During Wind is a young teen who died. Avis every day, 5 days a week. It is not a one of the visits, one of the grand- Little Wind’s relatives gave me permis- hospital, it is a clinic. For health care parents of Ta’Shon said: Well, she has sion to use her photograph. This is a 14- that cannot be delivered at that clinic, a bulbous condition on her fingertips year-old girl who lay in bed in a fetal you have to refer the patient some- and toes. That suggests there may be a position for 90 days and then killed where else. But that has to be paid for lack of oxygen to the body, or some- herself. Her sister had taken her life 2 with contract health care funds, and thing is going on. Can’t you check years previous. Her dad had taken his they run out very quickly. that? Ta’Shon was treated for depres- life. For 90 days, somehow, everybody We had one reservation tell us they sion. missed little Avis. The school missed were out of health care contract money Finally, one day, August 2006, she wondering what happened. She lay in in January, 4 months into the fiscal was rushed from the Crow clinic, where bed for 90 days and then took her life year. On this reservation, they say she had gone once again to the St. Vin- because she felt there was no hope and don’t get sick after June because the cent Hospital in Billings, MT. The next no help. contract health care money is gone. day she was airlifted to the Denver On that reservation, I went and met This poor woman was loaded onto a Children’s Hospital and was diagnosed with the tribal council, school adminis- hospital gurney with a piece of paper with untreatable, incurable cancer. She trators, and her classmates to try to taped to her leg, saying to the hospital lived for 3 more months after the find out how does a kid, age 14, fall out that if you admit her, understand that tumor was discovered in what her of everyone’s memory and everyone’s the Indian Health Service will not pay. grandmother said was unmedicated vision? What I have discovered is there This woman must pay. Obviously, this pain. She died in September 2006. Her are a lot of issues, but there was not woman had no money. It was a way to parents and grandparents asked the any kind of health care treatment say to the hospital that if you admit question: If Ta’Shon’s cancer had been available for a young girl, age 14, who this patient, you are on your own. detected sooner, would this child per- had these kinds of problems. Even had Well, I visited a Sioux reservation at haps have lived? there been health care available, there Standing Rock, the McLaughlin Indian When diagnosed with terminal ill- would not have been a car to drive her Health Center, a couple of weeks ago. ness, the one thing Ta’shon Rain there. There is a basic lack of transpor- The Standing Rock Reservation clinic Littlelight wanted to do was see Cin- tation. Aside from the fact they don’t sees 10 patients in the morning and 10 derella’s castle, so Make-a-Wish sent have the capability to provide the nec- in the afternoon. I believe they only her to Orlando. But the night before essary health care treatment that is have a physician assistant there. The she was to see the castle, in the hotel necessary to intervene, we have to do reason given in the memorandum room in Orlando, she died in her moth- better. We have a responsibility to do about the 10 and 10 was the clinic had er’s arms. better. only one medical provider and patients The question is, for a young girl such I wish to address the question of why signed up in the morning. Anybody ar- as Ta’shon Rain Littlelight, should she it is our responsibility. Why is the riving after the quotas were made were have had the same opportunity in plight of Native Americans a responsi- turned away. health care others have? Is this what bility to the Federal Government? The Harriet Archambault received her we are willing to accept? Not me. This simple answer is we are bound to follow last prescription for serious hyper- problem has a human face. I could tell the law set forth in the Constitution, tension and stomach medication on Oc- a dozen more stories similar to Ardel in treaties, and in the laws of our land.

VerDate Mar 15 2010 22:12 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JA8.REC S22JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S28 CONGRESSIONAL RECORD — SENATE January 22, 2008 We are bound to follow the trust re- One of the initial reasons for pro- This legislation will be described by sponsibility that has been imposed on viding health care on reservations was some who come to the floor of the Sen- us by the Constitution, the rulings of because we were the ones who were ate as not enough. I agree with that as- the Supreme Court, and by treaties. transmitting diseases to Indian nations sessment. This is a first step, at last, at Now, our predecessors long ago nego- and forcing them into environments long last, that should have been done a tiated treaties with Indian tribes in where diseases would prevail. That be- decade ago. It is a first step in the which we received, as a Nation, hun- came evident in 1912 when then-Presi- right direction, but it is a first step as dreds and hundreds of millions of acres dent Taft sent a special message to a precursor to real reform because we of Indian homeland to help build this Congress summarizing a report that need reform. great Nation of ours. In return for the documented the deplorable health care This is a reauthorization 10 years enormous cessions of land by the Indi- conditions on Indian reservations. after it should have been done. We are ans, our country promised certain In 1913, the Public Health Service reauthorizing and expanding programs things. We promised to provide things reached a similarly distressing conclu- that I will describe, but we need to do such as health care, education, and the sion about the health of Native Ameri- much more. When we move this legisla- general welfare of Native Americans. cans. The Snyder Act was passed in tion through the Senate, through the This chart I am going to show you 1921—I am providing the history so peo- House, and it is signed by the Presi- shows a provision from one of those ple understand what is the context of dent, I intend, with the Indian Affairs treaties, and there are a lot of them, health care for Indian nations—one of Committee, to begin immediately with most of them broken by our country. many laws passed by the Congress over new and more aggressive reforms, and This is with the northern Cheyenne and the last 100 years to try to address the it is urgent we do so. Arapaho. It says: health disparities between American This bill expands the types of cancer The U.S. hereby agrees to furnish annually Indians and the rest of our society: The screenings that are available to Amer- to the Indians who settle upon the reserva- Snyder Act of 1921, Indian Health Fa- ican Indians. It expands the types of tion a physician. cilities Act of 1957, Indian Self-Deter- communicable and infectious diseases It says we have your land and we are mination of 1975, and the Indian Health that health programs can monitor and going to give you a reservation, but we Care Improvement Act of 1976 as it was also understand our responsibility, and amended in 1992. prevent beyond tuberculosis, which we will provide health care. We have President Nixon, in 1970, said in a now is the emphasis, to include any failed miserably to hold up our end of message to the Congress: disease. It expands the recruitment and the bargain. The special relationship between Indians scholarship programs and authorizes This bill doesn’t provide health care and the Federal Government is the result of nurses currently serving in the Indian for Native Americans simply because it solemn obligations which have been entered Health Service to spend time teaching is the moral and right thing to do. It is, into by the United States Government. Down students in nursing programs. These certainly. It is a bill that requires us to through the years through written treaties are critical programs, given that there keep our word. It is an active step to . . . our Government has made specific com- is a 21-percent vacancy rate for physi- mitments to the Indian people. For their cians in the Indian Health Service, and fulfill our responsibility, our end of the part, the Indians have often surrendered bargain, struck by our predecessors a claims to vast tracks of land. . . . In ex- the entire Nation faces a shortage of long time ago. change, the Government has agreed to pro- nurses. In addition to the treaty obligations, vide community services such as health, edu- There is a new program in this legis- the U.S. obligations to Indian tribes cation and public safety, services which lation dealing with teen suicide on In- are set forth in hundreds of U.S. Su- would presumably allow Indian communities dian reservations. I held hearings on preme Court cases and Federal stat- to enjoy a standard of living comparable to this subject. We have worked for legis- utes. that of other Americans. This goal, of lation that will provide screenings and course, has never been achieved. I wish to especially refer to the next mental health treatment, and we begin chart. In 1831, the U.S. Supreme Court, That is in 1970 from the President of to address those issues with this legis- the United States, describing our re- in an opinion by Chief Justice John lation. Marshall, recognized a general trust re- sponsibility. Let me talk just for a moment about Treatment for diabetes: We held a lationship between the United States hearing to examine the threat of diabe- and Indian tribes. He held that the the proposed legislation, having de- scribed the reason for us to bring a tes to the health of American Indians. United States assumed a trust respon- It is an unbelievable threat. Diabetes sibility toward the tribes and their piece of legislation to the floor of the Senate. emerges as the most serious and dev- members. He explained the United astating health problems of our time, States not only has the authority to We know—and it has been like pull- ing teeth to find this out—we know and nowhere in this country is it worse deal with Indian tribes and their mem- than on Indian reservations. It affects bers, but also the responsibility and ob- there is full-scale health care rationing on Indian reservations. It should be the Indian population in a dramatic ligation to look after their well-being. way. In describing Indian tribes as ‘‘do- front-page headline news in all the big- mestic dependent nations,’’ he also es- gest newspapers in the country, but it I ask any of my colleagues, if they tablished the relationship in that rul- is not. If it was happening elsewhere, it wonder about that, go to a reservation ing between the United States and would be front-page headlines, but it is and see if they have a dialysis unit, and tribes as similar to one between ‘‘a not now. watch the people in the dialysis unit ward to his guardian.’’ Forty percent of health care needs of getting dialysis, some having lost Now, at the time, these Supreme Native Americans are not being met. limbs, having one leg cut off, another Court decisions were used by the We meet 60 percent of the health care leg cut off, still trying to stay alive. United States to justify our actions to- needs; 40 percent are unmet. So it is ra- The ravages of diabetes is an unbeliev- ward the Indians, such as forcing Indi- tioned, and that is why Ardel Hale able scourge in Indian country. It is a ans from homelands and placing them Baker, having a heart attack, is serious problem for our entire country, on reservations. But we cannot now ig- wheeled in to a hospital with a piece of but nowhere is it worse than among nore these court decisions merely be- paper taped to her leg saying: ‘‘This American Indians. In some commu- cause we are doing a poor job of ful- isn’t going to be paid for.’’ It is health nities, the prevalence reaches 60 per- filling our obligation. care rationing, there is no other way to cent of adults. In the 14-year period At the time of the Supreme Court’s describe it, no soft way to put a shine from 1990 to 2004, the diabetes rate decision I described, the United States, on it. It is health care rationing. It among Indian kids 15 to 19 years old in- through the Department of War, was shouldn’t happen, and I think it is an creased 128 percent. already providing health care services outrage, because it is happening on In- We expand and enhance the current to Indians on reservations. That prac- dian reservations. It is seldom covered diabetes screening program. We direct tice began in 1803 and the United by the 24/7 news hour, but it should be, the Secretary to establish an approach States has been providing such health because it is a scandal. I hope this is to monitor the disease, provide con- care for over 200 years. the first step to begin addressing it. tinuing care among Native Americans,

VerDate Mar 15 2010 22:12 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JA8.REC S22JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 22, 2008 CONGRESSIONAL RECORD — SENATE S29 and authorize the Secretary to estab- colleague, Senator MURKOWSKI from Indian health care clinic that is dra- lish a dialysis program to treat this Alaska, was particularly instrumental matically underfunded. The tribal threatening disease. in this provision. We held a hearing to council voted to take $500,000 of the Health service to Native American examine the causes of and solutions to funds that belong to the tribal govern- veterans: It is well documented that stopping violence against Native Amer- ment and move it to try to support there is no population in this country ican women. that clinic. That is good news. Good for that has participated with greater dis- We received testimony that more them. That takes a lot of courage and tinction or in greater numbers per cap- than one in three American Indian and commitment. ita serving in this Nation’s military Alaska Native women will be raped or There are good things happening, and than Native Americans—none. Many sexually assaulted during their life- I am going to talk about that a little Indians served in World War I even be- time. That is pretty unbelievable. We later today. fore our Nation recognized Indians as received reports of rapes that were not The fact is, we have a desperate situ- citizens of our country. Think of that, investigated. We received reports of ation with respect to health care in the we had American Indians sign up to circumstances where there isn’t even Indian nation, and it cannot continue. fight for this country when they were the basics, just a rape kit available to We cannot allow it to continue. In the not yet considered citizens of this take evidence. name of children who should not have country. We have included in this legislation died—Avis Little Wind or Ta’Shon I was checking recently, and 1962 was some approaches that I think will be Rain Littlelight or others—we cannot the last time when a State finally very helpful: community education allow this to continue to happen. This passed legislation allowing Indians to programs related to domestic violence country is better than that. vote in the State. Think of that, go and sexual abuse, victim support serv- I close by quoting Chief Joseph of the back to 1961 and understand, there were ices and medical treatment, including Nez Perce Tribe, located in what is now places in this country where American examinations performed by sexual as- Idaho. Chief Joseph, one of the great Indians were not allowed to vote in sault nurse examiners, and a require- Indian leaders, was pretty upset about State elections. And until the early ment for rape kits. I think we have a lot of things. Here is what he said part of the last century, they were not made significant progress. I thank Sen- about broken promises: considered citizens. Yet they were sign- ator MURKOWSKI for her special inter- Good words do not last long unless they ing up to go to war for this country, to est in that section of the bill as well. amount to something. Words do not pay for fight for this country. Finally, we have a section of the bill my dead people. that deals with convenient care service Good words cannot give me back my chil- I attended a ceremony on the Spirit dren. Good words will not give my people Lake Reservation a few months ago demonstration projects. The reason for good health and stop them from dying. and passed out medals—Silver Stars, a that is I don’t want to see the rest of I am tired of talk that comes to nothing. It lot of medals—to three soldiers who are the country move toward convenient makes my heart sick when I remember all now elderly men who served this coun- care, walk-in clinics with long hours, 7 the good words and all the broken promises. try in the Second World War with un- days a week, only to have Indian res- This legislation on the floor of the believable valor, had fought all around ervations be out there with these clin- Senate is not just some other bill. This this world for this country and earned ics that serve at times that are not is a step toward the completion of these medals—Silver Star, Purple very convenient. promises that have been made, not ‘‘we Heart, and various others. They were I have a photograph of a clinic I vis- hope to help you,’’ but promises— enormously proud of their country. ited last week on the New Town Res- promises that have been made in trea- Go to a reservation and find out what ervation. They are open, I believe, from ties, promises that have to be kept as percent of the population of eligible 9 a.m. until 4 p.m., 5 days a week. Good a result of a trust responsibility that adults sign up to serve in the military for them. They take an hour off for the exists with American Indians. on an Indian reservation and you will noon hour, by the way, and close it. I To make the case finally, let me say be surprised. There is no group of think it is 9 a.m., maybe 8. This is the this: There is a chart that shows how Americans who signs up in bigger num- Minne-Tohe Health Center, of the much we spend per person on health bers to serve this country in the mili- Three Affiliated Tribes. I visited there care, and that chart describes some- tary. within the last week or so. They are thing I think all need to know about Senator MURKOWSKI and I have a pro- open 6 or 8 hours a day, take an hour the commitment of Congresses and vision in this bill that deals with off for lunch and close it down. If at 5 Presidents for a long period of time. health services to Native American o’clock in the afternoon, you are hav- This chart shows we have a responsi- veterans. More than 44,000 American ing a heart attack there, you are in bility to provide health care for Fed- Indians out of a total Native American trouble. If it is Saturday and you have eral prisoners. We incarcerate them be- population of less than 350,000 at that a bone fracture, you are in trouble, be- cause they committed a crime, and we point served in World War II. Think of cause you are 80 miles from the hos- stick them in prison. But in their pris- that. Out of a population of 350,000, pital in Minot, ND. on cell, we have a responsibility for 44,000 of them served in the Second My point is, why not develop a model their health care. That is our job, and World War. care system of convenient care clinics we meet that responsibility. We had a ceremony in this Capitol open long hours, 7 days a week? Let’s We also have a responsibility for Building, honoring the Code Talkers extend the opportunity for real health health care for American Indians, be- who played a significant role in inter- care on Indian reservations. cause of a trust responsibility and be- cepting and deciphering the codes used We have done a lot of other things in cause of treaties we signed after we ex- by the Nazis. We gave the Congres- this legislation, including establishing propriated massive amounts of their sional Gold Medal to those Native the framework for the next approach land. We don’t meet that responsi- American Code Talkers. on reforming this system completely, bility. In fact, this chart shows that we We direct the Secretary of Health and that is the establishment of a bi- spend almost twice as much per person and Human Services to provide for the partisan commission on Indian health providing health care for incarcerated expenses incurred by any eligible Na- care which will study the delivery of Federal prisoners as we do providing tive American veteran who receives this system and recommend approaches health care for American Indians. That any medical service that is authorized that we will begin working on imme- is why little 5-year-old Ta’Shon Rain by the Department of Veterans Affairs diately in the Indian health care area Littlelight dies, because she doesn’t and administered at an Indian Health in our committee. have the same access to health care Service or tribal facility. We want the I have described a number of items that the rest of us do. It is why when Indian Health Service to be able to get that are not positive, and I will later a woman goes to the doctor, the doctor the funding to provide that health today describe some good news, be- shows up at our committee and testi- care. cause there are some positive things fies, saying: You know, a woman came This bill also provides a provision going on. One of the Indian reserva- to me who had been to the Indian dealing with domestic violence. My tions I visited in the last week has an Health Service doctor. She had a knee

VerDate Mar 15 2010 22:12 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JA8.REC S22JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S30 CONGRESSIONAL RECORD — SENATE January 22, 2008 so bad—it was bone on bone—it was un- American Indians and the Alaska Na- The Indian Health Care Improvement believably painful. He said it was the tives, particularly insofar as providing Act provides a basic framework for de- kind of knee that, if it belonged to them with a level of access to health livery of health care services to Amer- somebody in my family or yours, we care. That commitment is one that in ican Indians and Alaska Natives. As would get knee replacement surgery. far too many areas we have failed, and Senator DORGAN has indicated, this is a We would have to get knee replace- that is why it is so important that we Federal responsibility arising from the ment surgery because we wouldn’t be are able to advance, as the first legisla- Constitution, arising from the treaties able to live with it that way. You can’t tion of this new year, the Indian and from Federal court cases. live with that kind of pain. But she Health Care Improvement Act of 2007. The act itself, first enacted back in told me she went to Indian Health We just celebrated the birthday of 1976, was last comprehensively reau- Service, and they told her to wrap the Martin Luther King, and as a nation we thorized in 1992. Think about the status knee in cabbage leaves for 4 days and it think about that time in our history of health care back in 1992 and what would be okay. Wrap the knee in cab- when we were not proud of how we has changed. Certainly, in my State of bage leaves. This is a knee which we treated one another based on color of Alaska, we have been able to do so would get replaced, yet this Indian skin and ethnicity. We know that in much more in our remote areas be- woman is told to wrap it in cabbage many parts of this country, we still cause of what we are able to do leaves. have far to go, but we are making through Telehealth. Well, back in 1992, Are we meeting our responsibility? progress. Yet, as we look to how the I can guarantee you we were not doing People are dying. Forty percent of the American Indians, the Alaska Natives, then what we are doing now. It is so vi- health care need is unmet. I have de- and so many in our Native commu- tally important that we provide for scribed the conditions that exist in nities have been treated when it comes this authorization to update a system these health clinics and on reserva- to the basics in health care, that is an by passing this bill. tions. The answer is, we are not meet- area where I think we need to look We recognize there are still some ing our responsibility, and at least very critically and say we can and we outstanding issues that need to be re- from my standpoint, and I believe I must do more. solved. I would like to think they are speak for the vice chair, though she When I first became the vice chair of not central parts to this bill, and I am will speak for herself, it is past time, this committee, Chairman DORGAN and very confident we can deal with them if long past the time when this country I sat down, and he said to me: LISA, our colleagues work with us in the should keep its promise. what are your priorities for the Indian same very bipartisan way that we on Chief Joseph is long gone, but that Affairs Committee? What is it that you the committee have done to advance doesn’t mean we don’t have a responsi- would like to see advanced? He told me this. bility to keep our promise to the first what his priorities were. It is awfully Now, Chairman DORGAN has given nice being able to walk into that new Americans. They were here first. To good background in terms of an over- relationship and agree that the most this point, we have had all kinds of cir- view, the need for reauthorization, and important thing we could do was to cumstances over many years of push- he has highlighted it with stories that work together in a bipartisan effort to ing them to reservations after we took touch our hearts, as they should. I wish advance legislation that has been their land, then pushing them off the to elaborate a little bit further on the working through the process for a reservation and saying they had to go legislation, how it developed, and give number of years, for a number of Con- to the city. So they got a one-way bus that overview as well as some of the gresses, and to successfully move that ticket and were told: By the way, we key improvements we have in S. 1200. want you to mainstream, to get you off through the Congress. To really understand the framework this reservation. So they got a ticket We have worked on this bill through of the Indian health care system under and were sent to the city, and then we three committees of jurisdiction—the this act, you have to keep in mind that decided that was wrong, and we Indian Affairs Committee, the Finance there is very significant interplay be- brought them back. Committee, and the HELP Com- tween this act and the Indian Self-De- What has been happening in this mittee—before finally bringing this termination and Education Assistance country in public policy dealing with here to the Senate Floor. I believe this Act. The Indian Self-Determination American Indians is unbelievable, and legislation brings new hope for Indian and Education Assistance Act provides it has to stop. Let us meet our respon- health. It represents a step forward, a the process whereby Indian tribes and sibility, keep our promises, and provide step toward the goal of providing our the tribal organizations contract or decent health care to the people who first Americans with health care that compact to take over administration of were here first. That is what this bill is on par with other Americans. It is programs from the Indian Health Serv- does. not the end-all and be-all, but it is a This bill is just a step in the right di- first step, and I am encouraged that we ice. It is the interplay between these rection, and it will be followed by sig- have the opportunity to produce this two statutes that provides a great deal nificant reform. When we do that, I legislation in support of that goal. of the backdrop for many of the prin- will feel that, finally, at long last, this As my colleague has noted, this day ciples that underlie this reauthoriza- country has kept an important promise has been far too long in coming. Efforts tion. to those who were here first. to enact comprehensive reform for the The act essentially governs programs Mr. President, I yield the floor. Indian Health Care Improvement Act for the recruitment and retention of Mr. GREGG. Mr. President, I ask began in 1999. This act was extended for Indian health professionals, for health unanimous consent to speak briefly at 1 year back in 2001 through legislation promotion and disease prevention, for this point. I ask unanimous consent introduced by Senator THUNE when he facilities, urban Indians, and a com- that at the completion of the remarks was a Member of the House of Rep- prehensive behavioral health system. of the Senator from Alaska I be recog- resentatives. Since then, the Indian Af- The act also governs important author- nized for up to 10 minutes. fairs Committee has shepherded sev- izations which increase access to care The PRESIDING OFFICER (Mr. Sala- eral reauthorization bills through mul- where there is third-party reimburse- zar). Without objection, it is so or- tiple Congresses, through multiple ment. It also sets forth the administra- dered. hearings, through multiple markups, tive organization for the Indian Health The Senator from Alaska. but it has yet to be reauthorized de- Service. Finally, it contains reporting Ms. MURKOWSKI. Mr. President, I so spite the very good efforts of a great requirements and other regulatory au- appreciate the passion and the advo- many. thority for the Secretary of the De- cacy of my colleague, the Senator from This bill would reauthorize and partment of Health and Human Serv- North Dakota, and working together would amend the Indian Health Care ices. on the Indian Affairs Committee on an Improvement Act and applicable parts The bill is intended to improve In- issue in which I think both of us be- of the Indian Self-Determination and dian health care in three areas: First, lieve very strongly. Both of us believe Education Assistance Act, as well as by increasing access to health care; in the commitment we have to the the Social Security Act. second, by updating the authorized

VerDate Mar 15 2010 22:12 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JA8.REC S22JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 22, 2008 CONGRESSIONAL RECORD — SENATE S31 services and programs; and third, by fa- pating in Medicare, Medicaid, and erating in the State of Alaska with cilitating innovative financing systems SCHIP. The Makah Tribe is in Wash- very impressive results. to help support Indian health. ington State, and they are located on a I mentioned just a few minutes ago So let’s talk about the increase in ac- very picturesque 44-square-mile Indian Alaska’s size. Many know Alaska Na- cess to care. In Alaska, we are talking reservation filled with rich forests, tives have to travel enormous dis- about access to care all over the State. wildlife, birds, and plant life—a very tances away from their home commu- Geographically, as you know, we are beautiful area. nities to obtain any level of specialized very large, populations are very small, From their home, tribal members can care. Some people think we make this and providers are very limited. And cross the Strait of Juan de Fuca and map up, just to show Alaska’s shape this is throughout all systems, not nec- during the summers go fishing or boat- over the continental United States— essarily just the Indian Health Service. ing in the Pacific. Although their home but this is actually true to size—the This legislation includes programs to is a place of amazing beauty, it is also State of Alaska does stretch from just increase outreach and enrollment in a very remote part of the State which about Florida into Arizona and beyond, Medicare, Medicaid, and SCHIP. We presents some daunting challenges to from Canada down to the southern need to have aggressive outreach in the delivery of health services to the area. Geographically, we are huge. order to ensure that the Native people tribal members. We have another chart that indicates who are eligible for these programs It has been reported that the tribe how the distances for an individual participate in them and so that they operates a small ambulatory clinic coming from, let’s say, Unalaska down can navigate through a relatively chal- with over 2,000 users and only two doc- here where Arizona is on the map. Un- lenging enrollment process. tors. Due to the remoteness of the clin- alaska is not only our State’s largest We recognized the critical impor- ic, the tribe has difficulty recruiting fishing port, it is the largest, in terms tance of the Medicare, the Medicaid, health care professionals, including of volume of fish, fishing community in and the SCHIP programs for Indian pa- dentists. the United States of America. tients. There was an Indian woman by Over 70 miles away you have the For an individual who is coming from the name of Ski who lives in south- nearest town with a full-service hos- Unalaska, which just has a small clin- western Oklahoma. Along with her pital, Port Angeles. But those 70 miles ic, to come to Anchorage, which is husband, she takes care of her three can be treacherous to negotiate. It is a where all of the points converge in the grandchildren and her great-grand- winding road, a difficult road. There middle of the map, it is the equivalent daughter. About 4 years ago, Ski’s doc- are several instances when the road has of essentially going from Arizona to tor, after checking her x rays, found a been washed out by storms, leaving no Kansas for your medical appointment large spot on her lungs. They also diag- access to or from the reservation. to come to the Alaska Native Medical nosed her with thyroid cancer. Sadly, So there is no surprise that Port An- Center where you can see a specialist. though, the IHS Contract Health Serv- geles, being a larger town and a more To give another example, the resi- ice, which is intended to provide for accessible town, has salaries that are dents of Barrow, at the northern most the kind of specialty care Ski needed, more attractive than the reservation. part of the State, also have to travel to notified her that the funds aren’t avail- The Makah Tribe administers the Anchorage to obtain specialty medical able to pay for it. This is very similar health care services through a self-gov- services in the Alaska Native Medical to some of the stories my colleague has ernance compact for which the tribe Hospital. That is the distance of com- mentioned. should receive contract support costs. ing from the Canadian border down to Without this additional care, Ski, However, those contract support costs Kansas for medical services. who is the primary caregiver for her do not cover all of the indirect costs of If you are coming out of the south- grandchildren and great-grandchild, health care services. So this impacts eastern part of our State, in many of wondered if she would be around to the tribe’s ability to provide for com- our island communities, again, you are watch her children and great-grand- petitive salaries and to provide for that moving from essentially Alabama or child grow up. Fortunately, Ski won’t full array of health care services. But Florida into Kansas. The distances we have to face the prospect of living despite all of those challenges, the deal with to provide access to care are without health care because she did re- Makah Tribe has remained resourceful. realities for us in the State that other ceive it—not through the Contract They are in the process of improving people cannot relate to. Health Service but through Medicare. their third-party reimbursements, in We are not talking 100 miles, we are It was these resources which allowed particular the Medicare Part B access talking several hundred miles. When Ski to undergo the biopsy which ruled for eligible people on the reservation. you put it in context that way, you out lung cancer and to see a It is these additional reimbursements recognize it is not just the time and pulmonologist and receive testing on a that assist the tribe in essentially the distance traveled, but it is the ex- regular basis for the pulmonary fibro- hedging against the insufficient con- pense and the distance traveled. sis she was eventually diagnosed to tract support costs. So when you hear Mr. President, as I was mentioning have. She had complete removal of her of situations like what we are seeing the distances that we deal with, I men- cancerous thyroid and since that time with the Makah, recognize this legisla- tioned the time to travel, the expense has been able to receive the follow-up tion will serve to benefit the tribal to travel, but think about the situation treatments, the testing, and the exami- health providers as well as the Indians if perhaps you are elderly, you are ill, nations, all of which we know are very who are served by allowing for, again, or perhaps you do not know what is costly but which Medicare helped to the additional reimbursement for im- wrong, and you have to leave your vil- cover so that Ski can continue her life proving access to care. lage to go to our cities, our largest cit- raising her family. The legislation will also improve ac- ies, which is very intimidating for She is fortunate and, unfortunately, cess by removing barriers to such en- many of our Alaska Natives in the first somewhat of a rarity. Many Indian pa- rollment such as the waivers of Med- place. tients do not have Medicare or Med- icaid copays and allowing the use of They are away from their family, icaid to help them even though they tribal enrollment documentation for they are away from their community may be eligible. In the legislation we Medicaid enrollment. These are very members, they are away from their have, S. 1200, it will help those Indian important to provisions in this legisla- traditional foods, they are away from patients in accessing Medicare, Med- tion. I hope we will hear more of the their traditional activities. Many of icaid, and SCHIP through the outreach good stories, the stories like Ski’s, our elders do not speak English, so and the enrollment programs as well as rather than the very damning stories they are coming into town where the other means. we hear of the system currently. language is different. Think about how Now, accessing third-party reim- Now, in updating health care services well you would heal or how well you bursement also helps Indian health in Native communities, the bill estab- would feel in truly a strange and for- providers. The Makah Tribe is a good lishes permanent authority for home eign place like this. example of why we should include the and community-based services, and Well, the Yukon-Kuskokwim Health provisions to assist tribes in partici- these are services which have been op- Corporation located out in Bethel,

VerDate Mar 15 2010 22:12 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JA8.REC S22JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S32 CONGRESSIONAL RECORD — SENATE January 22, 2008 Alaska, in western Alaska, decided this physical deformities. She stated that dian health providers to obtain certifi- is unacceptable, to have to pull every- on her reservation a 22-year-old meth- cation and training as sexual assault body from the villages so far away. And amphetamine user tried to commit sui- nurse examiners or in other areas to they developed a village and a regional cide by stabbing himself with a 10-inch serve victims of violence. Both these service structure to help the elders, to knife. So many terrible stories. There provisions build upon very important help the Alaska Native patients with were 101 suicide attempts on her res- work this Congress did in the Violence chronic diseases to continue living in ervation during the year 2004, 101 at- Against Women Act, by addressing their homes or in their community tempts that were directly related to some of the systematic shortcomings rather than being sent hundreds of meth. to improve prosecutions, such as foren- miles away to receive special nursing Now, I have described that we are sic examinations. I will speak on this a care. seeing methamphetamine users as bit later. It was their pilot program to take young as 9, but it also afflicts the mid- One of the things we heard in testi- over all home and community-based dle-aged as well as the elderly. Once mony before the committee was that in care in their region, which resulted in meth has taken hold, few can escape many of our IHS facilities, they did not a reduction in service waiting time for without considerable help. The Indian have rape kits available. They could the disabled and the elders in the re- Health Service estimates it takes well not collect the forensic evidence. If you gion and truly improved the patients’ over 60 days in treatment programs in don’t have the evidence, you cannot health status level. This legislation order to overcome these addictions. So proceed with prosecution. When you may enable other tribal programs just separating a methamphetamine hear stories such as this and ask for around the country to also engage in addict from the drug for a period of a confirmation that, in fact, this is the home and community-based care which few weeks or even a month is not near- situation, that we simply don’t have would allow Indian patients to remain ly enough to provide effective treat- the kits available—it is confirmed—it in their homes rather than face a ment, not nearly enough to break the is no wonder women feel helpless in lengthy hospital stay or nursing home addiction. The methamphetamine ad- even seeking assistance after a violent stay in a distant and, again, a strange dicts need the long-term treatment act such as a rape. In addition, simply location. necessary to allow their mental and not having the training for the nurses Our legislation also consolidates and their physical state to heal and to re- at the clinics, these are areas of crit- coordinates the various tribal health cover. ical shortcomings and ways we can programs into a more comprehensive For the children, the IHS has 11 fed- help to make a difference. approach. As we well know, alcohol and erally funded youth regional treatment There are many good things in this drug abuse among many of our Native centers with 300 beds overall. In addi- bill, but I do wish to impress upon communities, and methamphetamine tion, there are an estimated 47 or per- Members this is truly a national bill. It abuse, has reached epidemic propor- haps 48 tribal and urban residential works to benefit Indians and Indian tions in some communities. programs for adults. One program, the health programs in communities across We had a gentleman, the former Native American Rehabilitation Asso- the spectrum. I have mentioned that it chairman of the Northern Arapahoe, ciation in Portland, OR, which is an has been a product that has been in the Mr. Richard Brannan. He testified be- urban Indian facility, can also house works for years, a very determined ef- fore our joint hearing before the 109th the patient’s family so the patient can fort on the part of Native health lead- Congress, and then again during the also receive the very necessary family ers truly from all corners of our Na- 110th, and told us truly a heart-break- support during the recovery. tion. There are over 560 Indian tribes in ing story of the tragic and painful and These programs authorized under the this country, with 225 of those tribes in terrible unnecessary death of a beau- Indian Health Care Improvement Act, Alaska alone. Our Indian tribes and In- tiful little Indian girl at the hands of and more importantly the Indian and dian health care system span the Na- methamphetamine-addicted individ- Alaska Natives who are suffering from tion from Maine to Florida, California uals. meth addiction, will benefit from the to Washington, and, of course, to Alas- Chairman Brannan sought our help updates to the behavioral health pro- ka up North. According to recent infor- in providing both prevention and treat- gram in this bill. mation from IHS, over 1.6 million ment for the drug and alcohol addic- Now, we heard from Chairman DOR- American Indians and Alaska Natives tions that ravage Native communities. GAN that the Indian health system is receive services in this system at over I am pleased that this bill will author- funded at approximately 60 percent of 600 facilities. These facilities are all ize such assistance and more to help the need. And with the new health haz- over the board, in terms of what they prevent these tragedies from happening ards, whether it is methamphetamine can provide, ranging from inpatient to other Indian children. or whatever the hazard is, that face our hospitals, general clinics, and health Now, also during the committee Native communities, we have to be in- stations. hearing on the methamphetamine novative in finding solutions and re- There are some that look beautiful plague, we received testimony from sources in building upon the founda- and there are some that you look at tribal leaders about the devastation tions that are set forth in the Indian and say: We can do far better. this terrible drug has brought to their Health Care Improvement Act. I mentioned earlier many Natives in communities. Kathleen Kitcheyan, the This legislation will establish the Na- the State travel into Anchorage from former tribal chairwoman of the San tive American Wellness Foundation, a outlying areas to receive care at the Carlos Apache Tribe in Arizona, de- federally chartered foundation to fa- Alaska Native Medical Center. As you scribed a very personal loss, a tragic cilitate mechanisms to support but not can see behind me, it is a large, beau- loss of a grandson to drugs. And she supplant the mission of the Indian tiful facility. It is designed to provide stated that on her reservation, they Health Service. It is modeled after leg- for that advanced level of care and spe- have methamphetamine users who are islation which passed the Senate in the cialty for Alaska Natives from around as young as 9 years old. 108th Congress. I am pleased to say we the entire State. But as one travels Think about what is happening to will have an opportunity to advance it away from Anchorage, and you get off our children. Think about drug abuse in this legislation as well. the road system out into the bush, the and the addictions. But to know that I wish to mention two key provisions facilities vary in size and certainly in children as young as 9 years old are that have been briefly mentioned. This service and are certainly much more being made the victims, we should all is regarding the issue of violence modest. We have a picture of the clinic be alarmed when we hear stories like against Native women. In the sub- in Atka, AK. It is a little rough around this. And what is equally horrifying stitute we hope to advance later, we the edges, certainly, but they are able are the residual effects of methamphet- will provide for authorization of pre- to provide for the basic needs in that amine abuse on children. The former vention and treatment programs for In- region. I checked to identify some of chairwoman testified how babies were dian victims and the perpetrators of the other challenges the folks in Atka being born on the reservation, born ad- domestic and sexual violence. We will face, in terms of their costs. This is a dicted to methamphetamine, with also provide critical incentives for In- village where gas is selling for $5.09 a

VerDate Mar 15 2010 22:12 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JA8.REC S22JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 22, 2008 CONGRESSIONAL RECORD — SENATE S33 gallon, and home heating oil is going Indian and Alaska Native communities But in order to receive any level of spe- for $4.99 a gallon. and their health care facilities. From cialty care, an Alaska Native would We have a picture of the clinic at 1990 to 2000, the population grew at a have to fly about 700 miles south to Arctic Village which is located more in rate of 26 percent among the American Anchorage to the Alaska Native Med- the central or interior part of the Indian and Alaska Native populations. ical Center. The cost of that particular State. I checked with them this week- Compared to the total U.S. population, flight is $1,100 for that person coming end on the price of gas per gallon. It is it grew by 13 percent. But we know the out of Nuiqsut. 7 bucks a gallon. Their home heating health care funding for Native people Over to the west, out on St. Law- oil costs are $6.36 a gallon. So it is ex- simply has not kept up with the ex- rence Island, an individual who is ill in pensive to live out there. It is expen- panding population and inflation. Savoonga and needs to come into An- sive to heat your home. When you are This effective reduction in health chorage for medical care is going to ill or need help, this clinic is where you care funding creates our current health pay about $1,000. This is round trip, not go in Arctic Village. status level. We see the survival rate that that makes it any better. We know the need is extensive. The improving, but all we need to do is look Down south of Anchorage, off of Ko- Indian health care system has to pro- at the charts, look at the statistics. We diak Island—and if you look at the red vide everything from basic medical to know Indians and Alaska Natives still lines, it looks as if it must be much dental to vision services and medical suffer disproportionately from a num- closer to Anchorage and therefore less support systems. It has to include the ber of health problems. We know, for costly—if you are coming from Old laboratory, nutrition, pharmaceutical, instance, in the area of diabetes, the Harbor on Kodiak Island, your airfare diagnostic imagining, medical records. rates are unacceptably high. While we is going to be about $1,350 round trip to Obviously, they are not providing that recognize the Indian Health Service is get you to and from. there at Arctic Village. trying to get this diabetes crisis under So when we factor in the budgets of doing business, travel costs are enor- Senator DORGAN had mentioned the control—they are providing diabetes history of the Indian health care sys- care to greater numbers of Native peo- mous. This is all about access. We also tem. I will not take the time today to ple than ever before, and we see some recognize it is not just the cost. Often- times during the winter—this time of speak to that. I do, before taking a success—is it adequate? Is it sufficient? break, wish to take time to talk about Another area where we are seeing year—travel is shut down completely. some of the updates to the current In- some success is in the area of vaccina- For some of our communities, because dian health care system we have in this tions. We are getting higher vaccina- of weather conditions, fuel barges have legislation. As I mentioned, there have tion rates for adults over 65. These not been able to get into the commu- nity, and they have had to fly fuel in to been enormous changes to the medical have been instrumental in helping with provide for the diesel generation that system since the last reauthorization some of our health statistics. Screenings, such as for fetal alcohol provides the power in these villages. of the Indian Health Care Act in 1992. Whether it is the ice, the wind, the syndrome, have been helping to reduce So in order to update and provide for snow, oftentimes it is just too dan- the burden of preventable disease. an improvement in the overall status gerous to make the trip into town. One of the aspects we face in increas- of the American Indian and Alaska Na- Blue Cross has estimated that it is 300 ing efficiencies within the delivery of tive health and well-being, we have to times more expensive to operate a hos- the health care system, we know we make sure our facilities access is bet- pital or a clinic in Alaska than it is in have to use new technologies, new ter. the continental United States. These techniques, and these are contemplated Chairman DORGAN mentioned some of are the expenses we deal with. the health statistics and mortality and outlined in many areas of the leg- In the last 10 years, we have seen ac- rates we see among American Indians islation before us. I will go back to cess to medical specialists and health and Alaska Natives. We know these Alaska as an example of a State that care improve. Working with my col- populations are dying at higher rates faces very unique challenges in pro- league, Senator STEVENS, we have seen than others within the U.S. population. viding for quality health care to the a revolution in terms of how health On tuberculosis, for American Indians residents in rural Alaska. The majority care is delivered to our rural villages and Alaska Natives the rate is 600 per- of the 200 rural Alaska Native villages with the development of an advanced cent higher; alcoholism, 510 percent are not connected to a road system. We telehealth network. With 99 percent of higher; diabetes, 229 percent higher; don’t have the roads. We are 47 out of the telehealth initiative coming from unintentional injuries, 152 percent 50 in ranking of States for the number IHS funding and managed by the Alas- higher; homicides, suicides higher. The of road miles, but we rank first out of ka Native Tribal Health Care Consor- statistics are all so troubling as we 50 for overall land mass. We simply tium, the Alaska Federal Health Care look to what we are providing and don’t have a road system to speak of in Partnership is a collaboration with the whether we are seeing improvement. much of Alaska. When you don’t have a Department of Veterans Affairs, the As I say that, we have seen some road system, you fly. We fly in small Department of Defense, and the U.S. gains. With passage of the Indian bush planes. During the summer Coast Guard. They teamed up together Health Care Improvement Act of 1976, months, we rely on skiffs and river- to develop the Alaska Federal Health there were some pieces of good news in- boats to get around. But for the most Care Access Network. They developed a sofar as decreases in mortality rates part, we fly. It is not luxury travel. It special telehealth cart, and they deploy over the past 35 years. The average is a basic need. these carts to small villages in rural death rate from all causes for the From the chart I have behind me, Alaska. They are able to provide a very American Indian and Alaska Native you can’t see the names of all the wide variety of clinical services, in- population dropped 28 percent between towns there, but it is there to dem- cluding cardiology, community health 1974 and 2002. We have seen gastro- onstrate what we deal with as a State. aid training, dental and oral health, intestinal disease mortality reduced. When you look at the IHS budget in dermatology, ear, nose and throat care, Even though the death rate for Indians Alaska, you may be surprised to see as well as emergency room services. is 600 percent higher than the rest of the travel budgets are unusually large, They had a demonstration cart here the United States, we have seen tuber- oftentimes larger than staff budgets. a couple years back to just kind of culosis mortality reduced 80 percent, That gets people’s attention. Are we show us what it is they were doing. I and cervical cancer mortality has been going out to conferences? No. This is had just come off a trip up north, and reduced. Infant mortality has been re- how we get around in the State of Alas- I was due to fly again very soon. My duced 66 percent. We are seeing good ka and how we move our patients, ears were all plugged up. I said: Well, news there. The problem is, we started those who need to get to that medical show me how this works. Just standing at such high levels. So, the statistics specialist. We move them by airplane. right there, they put a little monitor are still unacceptable. Up in the north there you see a com- in my ear, and they were talking to a In addition, we have population munity of Barrow. Nuiqsut is a small doctor in Anchorage. He said: You just growth and economic factors which are village outside of Barrow. They have a have a little inflammation there. You creating strong pressure on American small clinic. Barrow has a larger one. are fine to fly.

VerDate Mar 15 2010 22:12 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JA8.REC S22JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S34 CONGRESSIONAL RECORD — SENATE January 22, 2008 What we are able to do with tele- You can walk through some of these than a request for 10 minutes of re- health is to connect many of our Alas- communities, and you have waste that marks. ka Natives in a very cost-effective way is spilled along the wayside. Mr. DORGAN. Mr. President, I will for them to have access to qualified I have in the Chamber this picture of agree to that request with the under- health care specialists without nec- these two little Native boys. It is like standing it is on the bill without an essarily leaving their village. the equivalent of taking out the amendment. I would also like to add to We continue to evaluate the cost sav- trash—taking out the honey bucket. If the request that Senator BINGAMAN be ings we are seeing as a consequence of you do not think this does not con- recognized to offer an amendment im- this telemedicine. The preliminary tribute to some of our health issues in mediately following the presentation data suggests that 37 percent of the rural Alaska, you have not looked at by Senator STEVENS. time, telemedicine prevented the need the facts. The PRESIDING OFFICER. Is there for a patient and family escort to trav- In testimony before the committee, objection to the request, as modified? el. That saved an estimated $4.4 million we had Steven Weaver. He is from the Without objection, it is so ordered. in travel costs. So if you can save $4 Alaska Native Tribal Health Consor- The Senator from New Hampshire. million in travel, because we have the tium. Steve Weaver has been very in- Mr. GREGG. Mr. President, I wish to technology in front of us, it is a sav- strumental working with us in order to speak on a subject which is not related ings for all of us. eliminate the honey bucket. But he to this bill. I congratulate the man- Tribal health providers in Alaska spoke at that hearing to the challenges agers for bringing this bill forward. with their Federal counterparts have families face in communities without STIMULUS PACKAGE been extremely innovative in address- sanitation facilities. He said: Other Mr. President, the subject I rise to ing the unique health care challenges folks in America have the convenience speak about is one that is fairly topical of our State. The Alaska Federal of running water and inside flushing to today’s events, obviously, with what Health Care Access Network has been toilets, but in too many of our Native is happening in the international mar- working with the IHS service areas to communities we have to haul the clean kets and in the stock market and with expand quality and affordable health water into the homes and then haul the the Federal Reserve System, and that care to American Indians across the honey buckets out of the homes as part is the issue of how we as a Congress United States. of the household chores, part of the should proceed relative to what has The new opportunities, such as ex- daily living. been called a stimulus or growth pro- panded telehealth, found in S. 1200 I was in a community several years posal. serve important purposes in promoting back and visited the health clinic I want to put down what I would call good investments. Indian tribes and there. It was a very small health clinic. a red flag of reason, let’s call it, as we tribal organizations have performed ad- It was one of the villages that still do move forward on this stimulus pack- mirably in developing their health care not have running water. There was a age. Let’s first understand what the services and facilities. These types of honey bucket in the corner of the problem is we are confronting. efforts should be rewarded and encour- health clinic. When you think about The economy has a serious over- aged by passage of this bill. the need for sanitation, particularly in extension of credit. This overextension There are some other items I would your clinic, and you realize there is no of credit occurred because, as often oc- like to speak to, and I may come back running water and the human waste curs, there was a period of exuberance to them at another point in time. But must be discarded by walking it out in the credit markets. before I conclude for now, I want to the door, the health consequences in Now, I have had the good fortune to mention the importance of the pro- communities without running water, be involved in Government and in the gram in the sanitation facilities area. without sewer are very real. private sector for a number of years, I could probably stand all day justi- The Alaska Native Tribal Health and I have seen this type of situation fying the need for the reauthorization, Consortium reported that infants in arise at least two major times during but one area that has been dem- communities without adequate sanita- my career, once when I was Governor onstrated to be one of those very im- tion are 11 times more likely to be hos- of New Hampshire. What happens is portant functions in reducing health pitalized for respiratory infections in people who make loans suddenly find disparities is the Sanitation Facilities comparison to all U.S. infants and 5 they have a lot of cash available to Program. This program governs the times more likely to be hospitalized for them to make loans, and they go out construction, operations, and mainte- skin infections than those in commu- and start making loans based on specu- nance of sanitation facilities providing nities with adequate sanitation. lation that it can be repaid rather than clean water and sanitary disposal sys- We have about 6,000 homes without on the capacity of the individual they tems to Indian and Alaska Native com- potable water, about 18,650 homes that are lending the money to to repay it or munities. need improvements or upgrades for based on speculation that the collat- For us in Alaska, the issue of sanita- water, sewer, or solid waste. eral for that loan will always maintain tion is one we have been struggling This legislation, S. 1200, will main- its value as originally assessed when, with for far, far too many years. One in tain the Sanitation Facilities Program. in fact, that collateral may be over- three families—one in three families— For us in a State such as Alaska, this stated. in rural Alaska has no sanitation fa- is vitally important. This usually comes at the end of cilities. We are not talking about up- Mr. President, at this time I am pre- what is known as a business cycle, graded sanitation facilities; we are say- pared to defer to Senator GREGG. He when basically you have a lot of people ing no sanitation facilities. What we has been waiting some time. I do have out there who probably have not been have in many of our villages, still, un- additional comments I will make through a downturn before in their fortunately, is a system we refer to as throughout the day, but I yield the lives who basically put out credit at a the honey-bucket system. It is not a floor at this time. rate that is irrationally exuberant—to very refined system. In fact, it is a sys- The PRESIDING OFFICER. The Sen- use the terms of Mr. Greenspan on an- tem that, for those of us in the State, ator from New Hampshire. other subject of the late 1990s bubble— we look at with shame and say: For Mr. GREGG. Mr. President, I ask and as a result, credit is put out that, Alaska Natives, for Alaskans to have unanimous consent that Senator STE- in this instance, was put out at a rate to rely on this as their sanitation sys- VENS be recognized for up to 10 minutes and to individuals who basically did tem is offensive. It is close to Third following my remarks. not have the capacity to repay it under World conditions, and here we are in The PRESIDING OFFICER. The Sen- the terms of the credit, and with col- the United States of America, and you ator from North Dakota. lateral that did not support it. have a system where human waste is Mr. DORGAN. Mr. President, is the This exuberant expenditure of credit collected in a bucket and hauled out- request for a presentation on the bill or promotion of credit was compounded side and dumped in a collection facil- without amendment? by the fact that we had an inverted ity. In some areas, it is less than a col- Mr. GREGG. Mr. President, I have no pyramid created. That item of credit, lection area; it is dumped in a lagoon. knowledge of what the request is other that loan that was made, which was

VerDate Mar 15 2010 22:12 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JA8.REC S22JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 22, 2008 CONGRESSIONAL RECORD — SENATE S35 made on collateral which didn’t sup- the economy by giving people money to only radically, quite honestly, aggra- port it and which was made to an indi- spend and the other is to stimulate the vate that problem by borrowing from vidual who probably didn’t have the economy through energizing small the Social Security Administration to ability to repay it under the terms that business and large business to invest in essentially fund the short-term fix of a it was made on, that item was then economic activity. The problem we stimulus package. sold and it was sold again, and then it have with a stimulative event, which is First, you have created a brandnew was turned into some sort of synthetic basically giving people $100, $200, $300, event, which has never happened in my instrument which was multiplied and $400, whether you give it to them di- knowledge, of taking Social Security created more sales of the item. So you rectly or whether you give it to them dollars and moving them over for the have basically an inverted pyramid, through the tax laws, is that money purposes of an expenditure which is a where that initial loan, which had will be spent, but does it stimulate our day-to-day operation of Government problems in and of itself on the repay- economy? I am not so sure. So much of expenditure. You are basically for- ment side and on the collateral side, the product we buy in America today, mally saying the Social Security dol- was compounded by a reselling of the that we consume in America today is lars which are paid in, in taxes, can be loan over and over again in a variety of produced outside the United States: used for something other than the pur- different markets and through a num- Maybe it stimulates the Chinese econ- poses of creating obligations which will ber of different instruments, which es- omy, but I am not so sure it stimulates be paid back in the form of retirement sentially exaggerated the implications our economy. What may be raising the payments. You are saying Social Secu- that that loan should not be repaid. So Chinese economy may raise the na- rity dollars will go directly—without that is what has happened. The loans tional economy and that helps us out, any obligation being shown on the So- can’t be repaid, in many instances, or but as a practical matter, I am not cial Security balance sheet—will be the collateral isn’t there, in many in- sure it gets a big bang for the bucks ex- taken off the Social Security balance stances, so these loans start to get pended, and, most importantly, what sheet and put directly into the day-to- called and they start to be foreclosed happens when you take that sort of ac- day operation of Government for the on. Because they can’t be repaid, the tion is you borrow this money. This purposes of paying people a stimulus lenders find themselves in a situation money doesn’t appear from nowhere event of $500 or $600. The implications where they have to obtain liquidity that you are going to put out into the of that are huge, from a public policy from somewhere else. So they start to marketplace and say: Here, American standpoint. contract their lending to basically peo- citizen, we are going to return you X We are basically totally readjusting ple who can repay because they must dollars through a direct payment— our approach as a nation toward Social maintain a strong balance sheet, they probably an inverted tax payment of Security. You are basically saying So- must maintain their capital reserve, some sort, for people of low income cial Security is a dollar in, dollar out and as a result it feeds on itself and who aren’t basically paying taxes are purpose, with absolutely no fund and you have a liquidity crisis. going to get some sort of payment; that there is no offsetting balance That is a classic business cycle. It is middle-income people will get a lesser being set up for Social Security pay- a classic end to a business cycle, and payment or some marginal payment. ments, which is used later to pay down that is what we are in today. It is un- That money has to be borrowed. That the Social Security responsibility. fortunate and it causes great personal money gets borrowed from our chil- That is a terrible precedent. It may be harm and trauma and it obviously dis- dren. The practical effect of borrowing a theoretical debate, but it is one heck rupts the economy and people and it af- that money, if it is a $150 billion one- of a big precedent to create that sort of fects people’s lives. People are dam- time event, is it compounds because new paradigm relative to Social Secu- aged by this. Its roots basically go to there is interest on top of that and it rity. the fact that there were people lending grows into a lot more money. Then our Again, what do you get for it? You money to people who should not have children and our children’s children get a momentary stimulus which may been lent money under the terms they end up having to pay it back. So do you or may not help our economy, because were lent it without the collateral they get the value? Is there a value there as we all know, most of that consumer needed for support. that is large enough to justify putting event is going to occur with the pur- So how do we react to that? How do this debt on our children’s backs for chase of products produced outside the we keep that from snowballing into a this type of stimulus event? I think we country, to a large degree, and you massive slowdown in the economy or a have to look at that very seriously. don’t get any long-term action which is possible potential recession? Well, the There are proposals out there that we essentially going to improve the finan- discussion is to stimulate the economy should essentially waive the Social Se- cial viability of the Social Security through some sort of fiscal policy and curity payment, for example; that we system. In fact, you significantly ag- the Federal Government taking ac- should say we are not going to require gravate it because, again, you com- tion—what is known as fiscal policy. people to make their Social Security pound that event, and compounding in- There is also, of course, the monetary withholding payment for 1 month or 2 terest has an amazing effect in the area side. Today the Federal Reserve cut months or whatever the number would of what will end up as the total cost of the rates by 75 basis points, and as a re- be that we would settle on. That, as a that one-time event. Ask the notch ba- sult, the market reacted, although it policy matter, has very serious impli- bies about that. So this is a policy was hugely down when they started. I cations for our children and our chil- choice which I think would be truly de- haven’t looked at it recently. I don’t dren’s children. Essentially, the Social structive to the historical role of So- know that it reacted in a positive way Security system is supposed to be an cial Security in our Government and to that cut in rates. insurance system, where you as a would be equally probably nonproduc- On the fiscal side, there is a lot of working American pay into the system tive as a stimulus to our economy and discussion about stimulating the econ- so when you retire, you have paid into probably do more damage than good. omy. I guess my red flag of reason I am the system money which is then re- There is also the proposal that we ex- putting out here is, if we are going to turned to you through Social Security tend unemployment insurance for an- stimulate the economy through fiscal payments for your retirement. It is and other 2 weeks, 3 weeks, 4 weeks. Well, policy, let’s at least do it correctly. historically has been viewed as an in- that has some arguably positive bene- Let’s not do it in a way that damages surance policy approach, with the Fed- fits if you are into a recession, but we the economy or the future or that basi- eral Government managing the insur- are not in a recession. We have essen- cally gets you a short-term political ance. Yes, nobody is going to argue the tially what has historically been headline but doesn’t get you the im- fact that the Social Security system in deemed full employment in this coun- pact you need, which is to help people the outyears does not have the re- try, which is we are at about 5 percent through a difficult economic period. sources to repay the liabilities that are of unemployment. When you extend The proposals which are out there, on the books. That is a big issue for us unemployment and you have full em- most of which I have seen, have fallen and it is a function of the retirement of ployment, you are basically creating into two categories. One is stimulate the baby boom generation. But you an atmosphere where people who are on

VerDate Mar 15 2010 22:12 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JA8.REC S22JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S36 CONGRESSIONAL RECORD — SENATE January 22, 2008 unemployment have no incentive to go continue to discuss that point and get and low income levels. These condi- out and find a job, even though there specific on ways we could do that. tions create a ‘‘perfect storm’’ of may be a job available because you are So I wished to raise this sort of red health care obstacles for Alaska Native at pretty much a full economy. So are flag of reason before we step on to this people. These people must travel far- you being destructive to the system or slippery slope of a stimulus package ther than others throughout our coun- are you actually reducing productivity which could easily end up being pri- try to receive health care services. to the system when you make that marily a spending package, for the pur- They are less healthy than the average choice? I would say that is a very de- poses of addressing whatever anybody American, and they have more medical batable issue and one which needs to be happens to deem to be a good political issues they face because of the cir- looked at before we take this action. spending issue, that before we step on cumstances under which they live. I understand that politically it is a that slope, we take a hard look at what In Alaska, many communities are great press release: We are going to ex- we will end up with in the way of pro- not served by roads. For instance, a tend unemployment for 2 weeks for ducing benefit for people today versus pregnant woman living in Adak, way people who are out of work. Yes, that is producing debt that our children will out on the Aleutian chain—almost 1,200 a great press release, but if you have have to repay and maybe undermining miles from Anchorage—must travel by earned literally at full employment, our economy generally for the long air to deliver her child. She must fly to which is where we appear to be right term. Anchorage to do that. As she does, she now, or pretty close to it, then to ex- I yield the floor at this time. will have flown more than 5 hours, and tend unemployment at this time could The PRESIDING OFFICER. The Sen- she will be flying on a plane that is be counterproductive, significantly ator from Alaska is recognized. only available 2 to 3 days a week. As it counterproductive to keeping the econ- Mr. STEVENS. Mr. President, I am is almost everywhere in Alaska, the omy going, because it would not allow pleased to speak today in support of weather conditions are really great problems and can delay the start of people to go out and find jobs for whom my colleague, Senator MURKOWSKI, and such a trip for a week or more. Of jobs may be available. explain my strong support for the pas- Now, if we do move into recession, sage of S. 1200 which will reauthorize course, all of these concepts increase which is—— the Indian Health Care Improvement the cost of health care, but it is the The PRESIDING OFFICER. The Sen- Act. availability of health care that counts, ator from New Hampshire has used his It has been 15 years since the Indian and it is really difficult for our people allotted 10 minutes. Health Care Act was reauthorized and to get to the areas where health care Mr. GREGG. I ask unanimous con- almost 10 years during which reauthor- can be provided to them. The Alaska Native Tribal Health sent for an additional 5 minutes. ization bills were introduced in the Mr. DORGAN. Mr. President, Senator Congress but received no action. Great Consortium and the Native health or- ganizations in our State have worked STEVENS is to be recognized following advances in the models for the delivery hard to improve the health status of Senator GREGG and then Senator of health care have occurred during our Native people. Rates for diseases, BINGAMAN, both of whom I believe are this time which need to be incor- such as tuberculosis, have dropped dra- here. Certainly, if the Senator wishes I porated into the Indian health care matically, and we have improved ac- would not object, but both I think have system. This bill does that. The health cess to health care and basic public been waiting for some period of time on needs of Alaska Natives in our State health measures, such as childhood the bill. and American Indians throughout the vaccinations, and installation of water Mr. GREGG. I appreciate that, and I country continue to grow. It is impor- and sewer systems in rural Alaska has will try to make this brief and wrap up tant we pass this bill. also improved our health care. Between in less than 5 minutes. Ten years ago, we opened the Alaska 1950 and 2007, Alaska Native life expect- The PRESIDING OFFICER. Without Native Medical Center in Anchorage. It ancy rose from 46 years to 64 years of objection, it is so ordered. is the only tertiary care hospital in the age. Those are improvements brought Mr. GREGG. So we have that issue, Indian health care system. At the same which is fairly significant. The real about by health care. time, we created the Alaska Native However, in Alaska, as in other parts goal of a stimulus package should be to Tribal Health Consortium, and Alaska of the country with Indian populations, create an atmosphere where we actu- Natives took over the management of many infectious diseases have in- ally improve the underlying pillars of the entire Native health care system in creased, and other health problems the economy, and that means we im- our State. have taken the place of those we have prove productivity, we improve the in- I believe much has been done in the eliminated. Respiratory illness out- centive of people to be productive and last decade. Alaska now has the best breaks threaten the lives of Native ba- go out and create jobs, and that can be health care system in the entire coun- bies and toddlers and fill our hospital done if we need to do this, and that is try. The reason, in my judgment, is beds in the Yukon-Kuskokwim area of very much an issue—that can be done that the system is operated by the our State every winter. Noninfectious through initiatives which are produc- Alaska Native people, who have shaped conditions, such as suicide, violent in- tive, or which are on the productive it to fit their own needs. But Alaska jury, and intentional injury, still side of the ledger rather than just on Native health leaders across our State plague Alaska Natives at a very high the spending side of the ledger. have told me again and again that they rate. As the population ages, rates of I know, historically, people have believe this legislation needs to be cancer, heart disease, and diabetes said: Well, inject money into the econ- passed because it contains new provi- threaten the gains we have made in life omy and that will make it move. That sions to aid delivery of health care to expectancy. was before we got to an international the Indian people. It is necessary to The Alaska Native health system has economy, where essentially injecting continue their critically important been innovative and pioneered access money into the economy so consumers work. to and delivery of health services to can spend money basically moves the This Indian Health Care Improve- the Native people in Alaska. Yet huge Chinese economy, not necessarily ours. ment Act is a comprehensive bill. disparities continue to exist. This bill What makes much more sense is if we Every aspect of what it takes to im- needs to be passed and funding in- are going to inject money into this prove a true system of care to the Alas- creased to address these health dispari- economy through some sort of Federal ka Natives and the American Indians is ties to save and improve lives in Alas- initiative, we should do it in a way in this bill. ka and to reduce the cost of health where we create economic benefit to The health status of Alaska Natives care throughout our area and Indian our economy, by making it more pro- and American Indians is poorer than Country. ductive and thus creating more jobs that of the average American. It is Title I of this Indian health care bill and creating more incentive for entre- poorer than what the average Amer- provides support for Native people to preneurs. There are a lot of ways to do ican receives. Many of our people live receive training as health workers. that. As we proceed down this road to in remote communities with little eco- Each year, Alaska Natives and Amer- discuss this issue of stimulus, I will nomic base, high unemployment rates, ican Indians complete their education,

VerDate Mar 15 2010 22:12 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JA8.REC S22JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 22, 2008 CONGRESSIONAL RECORD — SENATE S37 supported in part by programs author- Alaska Natives need to have access to minutes, in Alaska it is clocked in ized under title I, and return back to these home-based services, and the as- hours. In 2005, a young man in Bethel, their home to take positions as nurses, sisted living and nursing homes that Alaska, was stabbed in the stomach doctors, social workers, behavioral recognize the cultural needs of Alaska during an early morning fight and health specialists, and administra- Native elders need to also be available. needed to be air-ambulanced to An- tors—all to improve the health care Title III of the bill addresses safe chorage, more than an hour away by system. water and sanitation needs. There con- jet. Due to weather and mechanical The Alaska Community Health Aide tinues to be enormous unmet needs for issues, the patient finally arrived at Program, which is an important exam- investment in safe water and sanita- the hospital in anchorage about 7 hours ple, is an outstanding example of inno- tion systems in Alaska Native commu- after the first emergency call. A one- vation in the delivery of health care in nities. Currently, 26 percent of rural way air ambulance flight from Bethel remote communities. Alaska Native homes lack adequate to Anchorage costs more than $13,000. When I came to the Senate, there was water and wastewater facilities. Finally, the bill addresses behavioral hardly any health care in our Alaska For instance, Andrew Dock lives with health needs of native people. The life villages. They received their health his large family in Kipnuk, AK. In his expectancy of people with mental care by the wife or a spouse of the su- household, there are two adults, six health issues is 25 years less than those perintendent of the Indian school or boys, and three girls. The youngest without mental health issues. In Alas- native school, calling in to Anchorage, child is 1, and the oldest is 22. There is ka that means that while we continue their one central hospital. There were no piped-in water in this village and to make strides towards improving life no health aides. We created and pio- not even a central watering point. In span, we have not yet been able to ade- neered the concept of community the winter, water is obtained by chop- quately address this issue due to pro- health aides. ping ice from tundra ponds with a steel gram and funding limitations. Through the many years since that ice pick and hauling it to his home in The combination of substance abuse time, Alaska Native health leaders three 30-gallon gray garbage cans in a and mental illness is associated with worked with the Indian Health Service sled pulled by a snow machine. In the much higher rates of multiple diseases to train community members to pro- summer, he obtains water by collecting and early death. One in eleven Alaska vide tuberculosis treatment during rainwater from domestic rooftops. It is native deaths is alcohol-induced, and epidemics in Alaska, and the program also possible to haul water from a lake alcohol was the fourth leading cause of has provided more than 500 community at Tern Mountain, which is a 13-mile death from 1993 to 2002 in Alaska. Alco- health aides, with all levels of health boat trip. Hauling water is a daily hol contributed to 85 percent of re- care in over 178 remote villages where chore—one to three trips a day to sup- ported domestic violence cases and 80% there is no other type of health care port drinking, cooking, and washing of reported sexual assault cases be- provider. clothes. He hauls over 1,000 gallons of tween 2000 and 2003. Suicide among Recently, the Community Health water per week to just keep safe water Alaska natives remained steadily at Aide Program was expanded by the for the Dock household. two times the non-native rate in Alas- Alaska Native health system, making In Kipnuk, sanitation is accom- ka from 1992 to 2000. specifically trained behavioral and den- plished by 5-gallon honey buckets in Integrated behavioral health pro- tal health aides available to people liv- each home. I know Senator MURKOWSKI grams can make a difference in this ing in villages. Today, Alaska’s tele- talked about this. Buckets are self- picture. Maniilaq, the native health or- medicine system, with installations in hauled twice a day through the living ganization in northwest Alaska, oper- 235 sites across Alaska, allows the com- space of the family and deposited in a ates a very successful behavioral munity health aides to have direct ac- collection hopper nearby. Buckets health program called the Mapsivik cess to physicians and dentists in re- must be emptied into another bucket Treatment Camp, which provides alco- gional hub hospitals in Anchorage and when they become too full to carry hol treatment for families in a remote Fairbanks. They can use telemedicine without spilling in the home. location. It is a year-round program to contact outside specialists who can Collection of the hoppers is often de- that integrates the family into cul- assist them in the various clinics layed, and there can be as many as five tural and behavioral health treatment throughout the country. I will speak of buckets waiting next to the hopper to models. The camp has been successful a few of these people. be emptied. in reducing recidivism and helping to Jennifer Kalmakof, a community More than 6,000 homes in rural Alas- heal whole families. And the Raven’s health aide from Chignik Lake, is an ka are without safe drinking water, Way program operated by the South- example of how important the aides are and nearly 14,000 homes require up- east Alaska Regional Health Consor- in their communities. Jennifer won the grades or improvements to their water, tium for adolescents has now grad- 2007 Vaccine Alaska Coalition’s Excel- sewer, or solid waste systems to meet uated more than 1,000 kids. Many of lence in Immunization Award, pre- minimum sanitation standards. these graduates have gone on to lead sented to her at the Alaska Public There is also an immense unmet need healthier lives, become hardworking Health Summit this past December. for health care facilities throughout adults, and some have even become na- She made it her mission to increase the Indian Health Care system, includ- tive leaders. and improve and maintain immuniza- ing in remote parts of Alaska. In Bar- In conclusion, the need to pass this tions at the local level. She started her row, the northernmost point in the legislation now is clear, and I urge my own system to keep track of infants, United States, $143 million is needed to colleagues to support passage of the children, elders, and adults, using her build the only hospital in an area the bill. own money to buy tackle boxes in size of Idaho. And in Nome, $148.5 mil- The PRESIDING OFFICER. The Sen- which she organized clinic vaccines and lion is needed to build the only hos- ator from New Mexico is recognized. kept them in her own refrigerator. She pital in an area the size of Virginia. Mr. BINGAMAN. Mr. President, the pioneered keeping track of the type of Other parts of the bill address the Indian Health Care Improvement Act assistance these people need in terms ability of native health organizations was first enacted in 1976. It has enabled of immunizations and various types of to bill third parties for health care us to develop programs and facilities vaccinations. services delivered to native bene- and services that are models of health Title II of the bill addresses the ficiaries also covered under public or care delivery with community partici- range of services authorized, recog- private insurance programs. These pation and with cultural relevance. nizing the change which has already funds provide critical additional funds We have accomplished a substantial occurred in our non-Native health sys- to make up for shortfalls in Indian amount under the Indian Health Care tem, where the emphasis has shifted Health Service funding, including for Improvement Act. American Indians from health care to home- and commu- emergency care. and Alaska Natives today have lower nity-based care—such as provided by While the typical emergency re- mortality rates from diseases, such as the young woman I mentioned—espe- sponse time from emergency 911 call to heart disease and cerebrovascular dis- cially for long-term care services. All hospital care is generally clocked in ease, malignancy, and HIV infection,

VerDate Mar 15 2010 22:12 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JA8.REC S22JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S38 CONGRESSIONAL RECORD — SENATE January 22, 2008 than they did before. Under the Indian tionally, or the average health care ex- Section 506 of the Medicare Mod- Health Care Improvement Act, the in- penditure per American, is depicted in ernization Act provided that Medicare fant mortality rate has decreased since the green line. So we can see that the participating hospitals had to agree to 1976 from 22 per 1,000 to 8 per 1,000. average American gets substantially accept contract health services pa- In spite of the notable improvements, more per recipient spent on them for tients and had to agree that Medicare there are still shocking health dispari- health care services than does the aver- payment rates would serve as a ceiling ties that remain for Indian people. Let age Indian American. for contract health services payment me give you some examples from my In 2004, the U.S. Commission on Civil rates to those hospitals. home State of New Mexico. Rights produced a report entitled ‘‘Bro- AMENDMENT NO. 3894 First, let me say that over 10 percent ken Promises: Evaluating the Native Mr. President, I send a Bingaman- of our population in New Mexico is American Health Care System.’’ This Thune amendment to the desk and ask American Indians. We have the second report contained four important find- for its consideration. highest percentage of Native Ameri- ings. The PRESIDING OFFICER. The cans of any State in the country. No. 1, they found annual per capita clerk will report. Native American women in New Mex- health expenditures for Native Ameri- The legislative clerk read as follows: ico are three times as likely to receive cans are far less than the amount spent The Senator from New Mexico [Mr. BINGA- on other Americans under mainstream late or no prenatal care compared to MAN], for himself and Mr. THUNE, proposes an national rates. Native American New health plans. That is exactly what this amendment numbered 3894. Mexicans are more than three times chart says. No. 2, they find annual per capita ex- Mr. BINGAMAN. Mr. President, I ask more likely to die from diabetes com- unanimous consent that the reading of pared to other New Mexicans. Death penditures fall below the level provided for every other Federal medical pro- the amendment be dispensed with. rates for Native American New Mexi- The PRESIDING OFFICER. Without cans from motor vehicle crashes are gram. And, again, that is demonstrated very well on this chart. objection, it is so ordered. more than double those of non-Indians. The amendment is as follows: That is largely explained because No. 3, they found annual increases in Indian Health Service funding have (Purpose: To amend title XVIII of the Social American Indians on tribal lands have Security Act to provide for a limitation on accidents that are far from trauma failed to account for medical inflation rates or for increases in Indian popu- the charges for contract health services centers, and therefore they do not have provided to Indians by Medicare providers) rapid access to lifesaving care. lation. And, No. 4, they found that annual At the end of title II, add the following: These disparities in mortality rates increases in Indian health care funding SEC. llll. LIMITATION ON CHARGES FOR CON- contribute to a shortened life expect- TRACT HEALTH SERVICES PRO- are less than those for other health and ancy for Indians compared to other VIDED TO INDIANS BY MEDICARE human services components. PROVIDERS. Americans. National statistics show This 2004 report concluded: (a) ALL PROVIDERS OF SERVICES.— that Indians live, on average, 6 years Congress failed to provide the resources (1) IN GENERAL.—Section 1866(a)(1)(U) of less than do other Americans. That dis- necessary to create and maintain an effec- the Social Security Act (42 U.S.C. crepancy is as high as 11 years for some tive health care system for Native Ameri- 1395cc(a)(1)(U)) is amended by striking ‘‘in South Dakota tribes. cans. The Indian Health Care Improvement the case of hospitals which furnish inpatient The Indian Health Service is one of Act has not been reauthorized since. hospital services for which payment may be the primary sources of health care for That report was done in 2004. Reau- made under this title,’’ in the matter pre- Native Americans. For years, the In- thorization of this legislation is long ceding clause (i). dian Health Service has struggled to (2) EFFECTIVE DATE.—The amendment overdue. As many of my colleagues made by paragraph (1) shall apply to Medi- meet the needs of the Indian popu- have already said, we need to act now care participation agreements in effect (or lation, but in doing so they have faced to ensure its swift passage because of entered into) on or after the date that is 1 enormous challenges. There are aging the very serious funding shortages year after the date of enactment of this Act. facilities, staff shortages, funding within the Indian Health Service. (b) ALL SUPPLIERS.— shortfalls, and all of these present Senator THUNE and I are offering an (1) IN GENERAL.—Section 1834 of the Social challenges to the Indian Health Serv- amendment to provide for an expansion Security Act (42 U.S.C. 1395m) is amended by ice. When facilities and staff are not of section 506 of the Medicare Mod- adding at the end the following new sub- sufficient to meet the needs, contract ernization Act, which protects Indian section: ‘‘(n) LIMITATION ON CHARGES FOR CONTRACT health services need to be purchased at Health Service contract health services HEALTH SERVICES PROVIDED TO INDIANS BY the prevailing rates. Funds supporting funding. This contract health services SUPPLIERS.—No payment may be made under contract health services generally run funding is utilized by the Indian Health this title for an item or service furnished by out by about midyear, and that leaves Service and tribes to purchase health a supplier (as defined in section 1861(d)) un- the Indian Health Service with no al- care services that are not available less the supplier agrees (pursuant to a proc- ternative but to ration care. Life-and- through the IHS and tribal facilities. ess established by the Secretary) to be a par- limb saving measures are selected by These are health services such as crit- ticipating provider of medical care both— necessity over such things as health ‘‘(1) under the contract health services pro- ical medical care and speciality inpa- gram funded by the Indian Health Service promotion and disease prevention. tient and outpatient services. and operated by the Indian Health Service, So what resources would be adequate Nationally, the Indian Health Service an Indian Tribe, or Tribal Organization (as to meet these challenges? To answer and tribes contract with more than those terms are defined in section 4 of the In- that question, I call my colleagues’ at- 2,000 private providers in order to get dian Health Care Improvement Act), with re- tention to information that has been these services. Unfortunately, because spect to items and services that are covered provided by the Congressional Re- of the very low funding levels available under such program and furnished to an indi- search Service. for contract health services, funding vidual eligible for such items and services Let me put up a chart that makes the often runs out in midyear, as I indi- under such program; and comparison that I think is useful. This ‘‘(2) under any program funded by the In- cated before. dian Health Service and operated by an is a graphic illustration of 10 years of Making this problem even worse, urban Indian Organization with respect to health care expenditures per person in prior to section 506 of the Medicare the purchase of items and services for an eli- various of the programs we support. Modernization Act, there was no limi- gible Urban Indian (as those terms are de- The top line, the red line, is Medicare, tation on the price that could be fined in such section 4), primarily individuals 65 or older in this charged for contract health services. In in accordance with regulations promulgated country. Medicaid is the level of fund- many instances, providers were by the Secretary regarding payment method- ing per capita we provide under Med- charged commercial rates or even high- ology and rates of payment (including the icaid. The Indian Health Service num- er rates for those services, far in excess acceptance of no more than such payment rate as payment in full for such items and ber is this blue line which is the lowest of the rates that were being paid by services.’’. line on the chart. The sum of all public Medicare, by Medicaid, by the Vet- (2) EFFECTIVE DATE.—The amendment and private sources of health care dol- erans’ Administration, and by other made by paragraph (1) shall apply to items lars divided by the number of users na- Federal health care programs. and services furnished on or after the date

VerDate Mar 15 2010 22:12 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JA8.REC S22JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 22, 2008 CONGRESSIONAL RECORD — SENATE S39 that is 1 year after the date of enactment of preciate the cooperation of the major- should provide some tax rebates to this Act. ity leader for giving us the opportunity middle and lower income people. It also Mr. BINGAMAN. Mr. President, the to get it to the floor. ought to provide an extension of unem- Bingaman-Thune amendment would My hope is we will have the coopera- ployment benefits. We have done that build on section 506 to ensure that tion of other Members of the Senate. If during previous economic downturns. I these requirements, the requirements there are amendments to be offered, we think a stimulus package should pro- that 506 apply to hospitals that were wish they would come and offer those vide investment tax credits for busi- contracted with by the IHS, apply not amendments. We would like to get nesses with an end date and other tem- just to hospitals but to all partici- amendments and time agreements and porary tax incentives to persuade busi- pating Medicare providers and sup- try to find a way to complete this leg- nesses to make capital investments pliers. In other words, the amendment islation. now when the economy would benefit would ensure that scarce contract I also failed to mention earlier that most from it. So we should do two health services dollars are used more the Senate Finance Committee had a things: We should put money in the efficiently, providers would be ensured referral on this bill. They did some hands of consumers, middle to lower a greater likelihood of receiving con- very important work. Senator BAUCUS, income consumers, and we also should tract health services payments and Senator GRASSLEY, and other members stimulate businesses to make needed would be provided continuity in the of the Senate Finance Committee were capital investments earlier rather than payment levels with other Federal pro- very helpful, as has been Senator KEN- later in order to prime the pump with grams. NEDY and Senator ENZI on the HELP respect to the economy. The Bingaman-Thune amendment is Committee, and Senator KYL and oth- I also think it is important to con- supported by a wide range of Indian ers. sider, even as we talk about stimulus, health advocates, including the Na- This bill is bipartisan. We are trying making investments in this country’s tional Indian Health Board, the Navajo very hard to get this legislation com- infrastructure. There is nothing that Nation, and First Nations Community pleted. As I indicated earlier, this is puts people back to work more quickly Health Source in New Mexico. long past the time when this should than money that goes to building roads I urge my fellow Senators to join have been done. People are literally and bridges and making other improve- Senator THUNE and myself in sup- dying for lack of decent health care ments in this country’s infrastructure porting this important amendment. that most of us take for granted, most that are so desperately needed. Many In conclusion, I underscore that pas- of us expect and receive. That is not of us are working on and talking about sage of this overall legislation, the In- the case with respect to Native Ameri- that issue. But that ought to be a part dian Health Care Improvement Act, is cans. We desperately need to change of a second phase of a stimulus pack- critically needed and long overdue. I this situation. age. To ignore that, in my judgment, is congratulate the Senator from North My hope is, if there are those who are to ignore significant job-creating op- Dakota for his persistence in getting intending to offer amendments today, portunities at a time when we des- this legislation brought to the floor, that they come to the floor and offer perately need those opportunities. and I congratulate and thank our ma- the amendments. We know of a number Having said all of that, I believe we jority leader, Senator REID, for sched- of amendments. I appreciate the co- need to act to provide confidence to the uling this as the first item of business operation of Senator BINGAMAN in of- American people about the future— in this second session of this Congress. fering his amendment now. If there are after all, that is what the business It speaks volumes about the impor- others, I hope we can proceed. cycle is about. If people are confident tance Senator REID attaches to this Mr. President, I wish to briefly speak about the future, they manifest that legislation. about another issue we have been deal- confidence. They take the trip they I hope my fellow Senators will join ing with. My colleague from New wanted to take. They buy the car they me in strongly supporting passage of Hampshire spoke briefly, and I think in wanted to buy. They do the things that the legislation once the Bingaman- the absence of others being in the manifest confidence in the future. That Thune amendment has been adopted. Chamber, I wish to speak as in morning represents expansion. Mr. President, I yield the floor. business for 5 minutes. If they feel as if the future has some The PRESIDING OFFICER (Mr. CAR- The PRESIDING OFFICER. Without troublesome aspects, they say: I am PER). The Senator from North Dakota. objection, it is so ordered. going to defer taking the trip, I am Mr. DORGAN. Mr. President, I thank THE ECONOMY going to defer buying that car or piece the Senator from New Mexico for offer- Mr. DORGAN. Mr. President, some of of equipment, I am going to defer pur- ing the amendment. I know he offers it my colleagues have spoken today about chasing that piece of furniture, and on behalf of himself and Senator THUNE the difficulty in the economy. I am then the economy contracts. from South Dakota. I fully support the concerned about it, as are virtually all There are some in Washington with amendment. This amendment will pro- Americans at this point. The stock an overinflated sense of self who think vide maximum opportunity to stretch market seems to be bouncing around this is a ship of state with an engine the Indian health care dollars. The like a yo-yo. The economy is slowing room. And you get out of the engine amendment is a thoughtful amendment and consumer spending is down. Re- room and you dial the knobs and the that will, in my judgment, strengthen cently, there was a substantial in- switches and the levers—M–1 B, taxes the underlying bill. crease in unemployment in a single and all of these things—and somehow I am very interested in supporting it. month—and a whole series of items the ship of state just sails right on for- We are working to see if we can get a that suggest there are real economic ward. vote on this amendment today. I be- problems. That is not the case at all. This ship lieve the majority leader wishes to My colleague from New Hampshire of state moves or fails to move based begin voting today, and I hope perhaps said: I am concerned about a stimulus on the people’s expectation about the we can arrange consent to have a vote package. So am I, but in my judgment, future. If they are optimistic, they do on this amendment later this after- we need to err on the side of taking ac- things that express that optimism, and noon. tion rather than err on the side of the economy expands. I also thank the majority leader for doing nothing. The Federal Reserve I wish to talk for a moment about bringing this bill to the floor of the Board this morning cut interest rates some of the fundamentals. We can Senate. When I was vice chairman of by 75 basis points. That is a blunt in- genuflect here and even do some danc- the Indian Affairs Committee and Sen- strument of monetary policy to try to ing in the Senate Chamber about the ator JOHN MCCAIN was chairman, we address what is seen as a serious weak- issue of stimulus packages, but if we worked on this bill. We tried very hard ness in this economy. don’t address the fundamentals, we are to get it to the floor, but we were not I want to say this: No matter what not going to get out of this problem. successful. This is the culmination of we do—and we almost certainly will Every single day, 7 days a week, all lot of work and important work, in my produce some sort of stimulus pack- year long, we import $2 billion more in judgment, to get it to the floor. I ap- age—I believe a stimulus package goods than we export. So we run up a

VerDate Mar 15 2010 22:12 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JA8.REC S22JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S40 CONGRESSIONAL RECORD — SENATE January 22, 2008 bill of $700 billion plus a year in trade selling subprime mortgages. The com- smiling ear to ear, sparkling teeth and deficits. Our trade situation is an abys- panies that were writing these mort- big smiles. Why? Because they made a mal failure. Do you think the rest of gages, the largest of which was Coun- lot of money—hundreds of millions of the country doesn’t know that? Do you trywide Financial, were saying to peo- dollars. Meanwhile, all these folks think that has no impact on the falling ple: You know what, take our low-in- can’t repay their mortgages and are dollar? Of course it does. It is one of terest mortgage, with a teaser rate at left to try to pick up the pieces and the reasons the dollar is falling. 2 percent. It won’t reset for 3 years. By then we wonder what on Earth hap- In addition to that, we have a fiscal the way, if you have an existing home pened here. policy that has been reckless. Last loan, so you can get rid of that and we In the midst of all this, this morning year, we had a $196 billion request from will lend you money you can pay back I was listening to a TV show with a the President in front of us, none of it at a 2-percent interest rate, and it will man named Jim Cramer, who talks paid for—add it to the debt, he says— not reset for 3 years, during which time about stock prices. He has a TV show. for Iraq and Afghanistan and restoring the market is going to go up and you Half the time he is yelling. I don’t have military accounts. Well, that is $16 bil- can flip it and sell it. In any event, the foggiest idea why he thinks that is lion a month, $4 billion a week, and what we will do is decide that on your the approach to use to thoughtfully none of it paid for. That is on top of home loan you don’t have to make any talk about stock prices, but apparently the yearly deficit, which is under- principal payments at this point, just it is successful. So he says this morn- stated. It uses all the Social Security interest. We will add the principal ing that one of the ways we should deal money as if it were other revenue in later on. with the problem in the economy is to order to show a lower deficit. Or they will say, borrow this money start trying to provide some rec- The American people know better from us, and we will make the first 12 ompense or some money to the insurers and so do the financial markets. They months’ payments. For the first year, of bonds and other things that are see the combination of a reckless fiscal you make no payments at all. going to get hit—derivatives, he said. policy and a trade policy that is deeply OK, that practice was totally, com- And I thought, I understand that lan- in debt. They see a country whose fun- pletely and thoroughly irresponsible by guage. He is talking about credit de- damentals are out of line. These elec- a bunch of greedy folks. They are talk- fault swaps. tronic herds, called the currency buy- ing to people, cold-calling them and That sounds like a flatout foreign ers or currency traders, when they see saying, we would like to put you in a language, but it can’t be because I these things and they run against the better mortgage but not telling them, don’t speak a foreign language. Credit currency, a country is in trouble. We of course, there is a prepayment pen- default swaps. So what Jim Cramer have to get our fundamentals in order. alty. They are telling you monthly was talking about on the television We need to fix our trade policy, stop mortgage payments that didn’t include this morning is that in order to bail these hemorrhaging deficits, and we real estate taxes, insurance costs, and out this country, his approach is we ought to provide about 50 percent of need to fix our fiscal policy. so forth. So they were quoting bor- taxpayer money to the losses for those We can’t say yes to a President who rowers 2 percent teaser rates with pre- who have credit default swaps. Let me says let’s fight a war and do tax cuts payment penalties that didn’t include talk a moment about what this means for wealthy Americans at the same the escrow. So they put these people in because, as I said, it sounds completely time. Let’s fight a war, spend a lot of these loans. foreign. money doing it—two-thirds of a trillion Now, were the victims partly at Hedge funds in this country are at this point but heading north—and fault? Sure. By victims, I am talking largely unregulated. I, Senator FEIN- none of it paid for; all of it borrowed. about those who took these loans out. STEIN, and many others have tried for a But these were high-powered sales- This from a conservative President. long time to say that is dangerous for This Congress has to stop saying yes to people working for big companies that this country. Hedge funds are some- that. This reckless fiscal policy has were putting bad products in the hands where around $1 to $1.5 trillion. Now, helped set the stage and table for part of a lot of unsuspecting people. that is not so much, considering mu- Then what do they do? They have of what we have seen the last couple of tual funds are about $9 trillion. The these subprime loans packaged up with weeks, the jitters and concerns about total of the stocks and bonds in the other loans. It is sort of like the old where this country is headed and the stock market and bond funds are about days when they used to put sawdust in economic difficulty we are now in. $40 billion. So hedge funds are about $1 sausage in the meat plants and mix it Let me talk about something my col- to $1.5 trillion. But hedge funds rep- league from New Hampshire talked all up as filler. Then they would cut it resent one-half of all the trades on the about, and that is the underlying issue up and you would never know where stock market. Think of that—$1 tril- of the so-called subprime loan scandal. the filler was and where the sausage lion plus unregulated—and they com- That is a fascinating thing. Someday was. Well, similar to that, they would prise half the trades on the stock mar- somebody will do a book about that take the good loans and the subprime ket. and just about that issue. Here is what loans and they would mix them all to- Now, because of the very heavy use of happened, and we know better. Every- gether and put them in securities— the leverage, it is a fact that hedge body knows better. securitize them. Then they would sell funds can lose much more than they You wake up in the morning and go the securities to these hedge funds, are worth. If somebody goes into a ca- to brush your teeth and perhaps you among others. So hedge funds were sino in Las Vegas with a pocketful of have a television set on. You are sort buying securities. They didn’t have the money and grinning, thinking they are of getting ready for work and you see a foggiest idea what they were buying going to win a lot of money but end up television ad. We see them every morn- because the rating agency said it losing it all, in most cases the only ing, and the ads say: Do you have bad looked okay. These agencies were dead thing they lose is the money they have. credit? Do you have trouble getting a from the neck up. That is not the case with heavily lever- loan? Have you been missing payments Everybody was greedy, and now the aged hedge funds. on your home loan? Have you filed for whole tent comes collapsing down. That is why the episode with Long- bankruptcy? It doesn’t matter. Come Now, you say, how could that be? Well, Term Capital Management, a hedge to us; we will give you a loan. it was because people were loaning fund that had the smartest people We have all seen these ads, and you money to people who were never going working for them, was so important think to yourself: Well, how can they to be able to repay it. The CEO of that over a decade ago the Federal Re- do that? How can they advertise that if Countrywide, the largest company serve Board had to try to save Long- you have bad credit you can borrow doing this, made hundreds of millions Term Capital Management. That hedge money from them? The fact is, you of dollars selling the stock back. It fund was unbelievably leveraged, over can’t do that. But that is what we were looks like Countrywide is going to go $1 trillion. Its collapse would have af- doing all across this country. Here is belly up, so Bank of America comes in fected the entire American economy. what was happening. Mortgage brokers and buys Countrywide. No idea why, So here is what we have. We have were making a fortune in big fees by but the big guys, they all waltz off this language now called credit default

VerDate Mar 15 2010 22:12 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JA8.REC S22JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 22, 2008 CONGRESSIONAL RECORD — SENATE S41 swaps. The credit default swap is a de- money you don’t have on things you I yield the floor and I suggest the ab- rivative, and it is an insurance policy don’t need, look at this country’s fiscal sence of a quorum. on a bond or some other instrument. policy and its consequences for the The PRESIDING OFFICER. The The person who sells the swap is actu- country. clerk will call the roll. ally writing a policy that collects a Having said that, all of us want the The bill clerk proceeded to call the premium, and it says if nothing goes same thing for this country’s future. roll. wrong with the underlying instrument, We want a country that grows and pro- Ms. STABENOW. Mr. President, I ask the person who sold the swap gets the vides economic opportunity. We want a unanimous consent that the order for premium and looks like a genius. If, country where the fundamentals are the quorum call be rescinded. however, the bond or the underlying in- fair and put in order. That means a The PRESIDING OFFICER. Without strument collapses, then the swap sell- trade deficit that is eliminated, or at objection, it is so ordered. er has to make good. The notional least close to eliminated, and a trade Ms. STABENOW. Mr. President, I amount—understand this—the notional policy that works for this country’s in- rise today in strong support of the In- amount, the aggregate of bonds, loans, terest. It means a fiscal policy that dian Health Care Improvement Act. I, and other debt called by credit default pays our bills, and it means effective first, wish to thank our chairman, Sen- swaps in the United States, is now $26 regulation in areas where you have ator DORGAN, for his passion and com- trillion. substantial potential risk for the en- mitment. I have had the opportunity to I have spoken before on the floor of tire economy, and that means regula- listen to some of the floor debate and the Senate about creating a house of tion of certain hedge funds’ trans- opening comments and very much ap- cards, every child has done it, and then actions and derivatives now well out- preciate the way you have laid out the pulled out a card on the bottom. Every- side the view of public regulators. incredible need for this legislation and one understands what happens to the So I think this is going to be a very the fact it is long overdue. house of cards. We now have roughly difficult time for this country. It is one It is a promise that has not been $1-$1.5 trillion in hedge funds, as I un- thing for us to take a shower in the kept, and hopefully today we are going derstand it, doing one-half of the stock morning, put on a suit and drive to to move forward in keeping that. Also, trades on the stock exchanges. In most work and talk about it, it is another thank you to my friend and ranking thing for the people who go home to- cases, hedge funds have a notional member, Senator MURKOWSKI, for her night and say: Sweetheart, I have lost value of $26 trillion in credit default eloquence as well in laying out the leg- my job, not because I didn’t do a good swaps, and the question is: Where is all islation. It is wonderful to see the part- job, but they are laying people off this exposure? How much exposure? We nership that has happened on this leg- where I work. That is a consequence don’t know. Most hedge funds are un- islation. for that family in which unemploy- regulated, and a whole lot of folks in I also wish to remember our col- ment is 100 percent. league, former Senator Craig Thomas, this Chamber have wanted to keep it We face some pretty daunting chal- who I know was a wonderful friend to that way, despite the efforts of some of lenges. My hope with this President Indian Country and cared very deeply us who believe it is dangerous to our and with Republicans and Democrats about these issues. We certainly take a economy to pretend this kind of risk working together, as the Speaker of moment again to remember him and does not exist. the House and the majority leader of It is interesting to me that we are in the Senate said last week, with all of send our best wishes to his family in this situation and troubling to me we us working together, combined with remembrance of his leadership on this are in a situation that all of us knew the Federal Reserve’s monetary policy, issue as well. was going to be difficult. You can’t run that we can develop some thoughtful Just over 31 years ago, this bill, the a $2-billion-a-day trade deficit without approaches in fiscal policy that might original bill, was signed into law by the consequence. Warren Buffett always lead us in a constructive direction to late President Gerald R. Ford, who I pointed out with the housing bubble say to the American people we believe am proud to say resided and rep- that every bubble bursts. It is one of you can honestly look at the future resented the great State of Michigan. the immutable laws. The question isn’t and have a positive view. But they It had the purpose of bringing the whether, it is when. He makes the won’t believe that if they feel we are health status of Native Americans up same point about the trade deficit. The not serious about the fundamentals. to the level of other Americans. trade deficit is unsustainable. The The American people aren’t going to be This program, the Indian Health question isn’t whether we will see con- fooled. If we don’t fix our trade policies Services Program, funds health serv- sequences, the question is when will and get rid of these unbelievable defi- ices to about 1.8 million Native Ameri- those consequences exist. cits, if we don’t put our fiscal house in cans from our Nation’s more than 500 The consequences are beginning to order and stop doing what the adminis- federally recognized American Indian exist now, with the declining value of tration suggests we do, we are in big and Alaskan Native tribes. I am proud the dollar and the combination of all trouble. to have many of them in Michigan. the other issues—the highest deficits in We had a Treasury Secretary named The Federal Government provides human history, the trade deficit, a fis- Paul O’Neill—the first Treasury Sec- those health care services based on our cal policy that is completely and thor- retary under this President. If ever trust responsibility to Indian tribes de- oughly reckless, combined with the there was a straight shooter in Govern- rived from Federal treaties, statutes, scandal that exists with respect to ment, it was Paul O’Neill. He came court rulings, Executive actions, and subprime loans and the massive here as an executive from an aluminum from our own Constitution, which as- amount of unregulated hedge fund company. He was blunt-spoken, an in- signs authority over Indian relations credit swap defaults. I mean it is stag- teresting guy, and I happened to like to the Congress. gering to see what we have done. him a lot. Paul O’Neill got fired. In Reauthorization of the various In- Again, the credit default swap is a no- fact, DICK CHENEY is the one who fired dian health care programs has lan- tional derivative whose value is dra- him, at the request of the President. guished for 15 years in this body, so our matic and the consequences of which When fired, he was told that deficits work today is vital. It is a vital compo- could be dramatic for the entire econ- don’t matter. Deficits don’t matter. nent, it is long overdue, as our chair- omy. Well, we now understand they do man has reminded us over and over Most regulators were looking the matter and we have to do something again in bringing this issue forward for other way and doing so deliberately. If about it. This fiscal policy is out of years. ever one wonders whether thoughtful control. Our trade policy is broken and It is a vital component in improving and effective regulation is necessary, we have had regulators who looked the and updating health care services in In- look at all this. If anyone has ever other way while we had grand theft in dian Country. The Indian Health Care wondered whether you can get by with this area of the subprime scandal, and Improvement Act will modernize and a trade deficit of $2 billion a day, look it is time we tell the American people improve Indian health care services at where we find ourselves now. If any- we are serious about addressing these and delivery. We know this is an in- one ever wonders if you can spend issues and we are going to do it now. credibly important step. We know more

VerDate Mar 15 2010 22:12 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JA8.REC S22JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S42 CONGRESSIONAL RECORD — SENATE January 22, 2008 needs to be done, but we know this is of the work that has been done. It is ‘‘(B) the woman suffers from a physical dis- an incredibly important step. truly time to get this done now. order, physical injury, or physical illness The bill will also allow for in-home I yield the floor and I suggest the ab- that, as certified by a physician, would place care for Indian elders and will provide sence of a quorum the woman in danger of death unless an The PRESIDING OFFICER. The abortion is performed, including a life-en- much-needed programs to address men- dangering physical condition caused by or tal health and other issues related to clerk will call the roll. arising from the pregnancy itself.’’. the well-being of Indian communities. The bill clerk proceeded to call the roll. Mr. VITTER. Madam President, I More importantly, the Indian Health offer an important amendment with re- Care Improvement Act will address Mr. VITTER. Mr. President, I ask unanimous consent that the order for gard to abortion and the pro-life cause. many health care disparities in Indian It is a very appropriate day that we Country. For example, infant mor- the quorum call be rescinded. The PRESIDING OFFICER. Without talk about this because as we speak tality rates are 150 percent greater for tens of thousands upon tens of thou- Indians than for Caucasian infants. objection, it is so ordered. Mr. VITTER. Mr. President, I ask sands of people, particularly young Those in the Indian communities are people, from all around the country are 2.6 times more likely to be diagnosed unanimous consent to call up my amendment at the desk, Vitter amend- marching in Washington, on the Mall, with diabetes. Tuberculosis rates for at the Supreme Court, in a positive, vi- ment No. 3896. Native Americans are four times the brant march for life. In offering this national average. The life expectancy The PRESIDING OFFICER. Is there objection to setting aside the pending amendment, I also want to thank all of for Native Americans is nearly 6 years my original amendment cosponsors: less than the rest of the U.S. popu- amendment? Mr. DORGAN. Mr. President, I have Senators ALLARD, BROWNBACK, THUNE, lation. and INHOFE. not had a chance to visit with the Sen- What this bill, unfortunately, cannot This amendment is very simple. This do is mandate the necessary funding ator from Louisiana. I object. amendment codifies, solidifies the The PRESIDING OFFICER. Objec- from our budget every year to uphold Hyde amendment policy in this impor- our country’s trust responsibility to tion is heard. tant Indian Health Care Improvement Mr. VITTER. Mr. President, I suggest provide adequate health care to our Act. It establishes, reasserts, the pol- the absence of a quorum. tribal members. But we intend to make icy of the Hyde amendment with re- The PRESIDING OFFICER. The sure that happens. gard to the Indian Health Care Im- clerk will call the roll. As it stands, the Indian Health Serv- provement Act and puts that Hyde The bill clerk proceeded to call the ices annual funding does not allow it to amendment language in the authoriza- roll. tion language for this important part provide all the needed care for eligible Mr. VITTER. I ask unanimous con- of Federal law. Native Americans. That is what we are sent that the order for the quorum call speaking to today, that sense of ur- Let me explain why it is necessary. be rescinded. For many years the Hyde amendment gency we have in making that happen. The PRESIDING OFFICER (Mrs. As of today, funding levels are only has been honored, including in this MCCASKILL). Without objection, it is so Federal program, but in a very round- at 60 percent of the demand for services ordered. each year, which requires IHS tribal about and precarious way. For many AMENDMENT NO. 3896 health facilities, organizations, and years this program and this authoriza- Mr. VITTER. Madam President, I ask urban clinics to ration care so the most tion have included language that says: unanimous consent to call up amend- critical care and the needs are funded This program will be governed by ment No. 3896 at the desk. first and foremost, which, in turn, re- whatever abortion language is con- The PRESIDING OFFICER. Is there sults in the tragic denial of needed tained in the current Health and objection to setting aside the com- services for too many men, women, and Human Services appropriations bill. mittee amendment? And for those years, Congress has in- children, old and young in Indian coun- Without objection, it is so ordered. try. cluded Hyde amendment language in The clerk will report. that appropriations bill to which this As unbelievable as it may sound, The bill clerk read as follows: health care expenditures to Native program points. That has worked, sort The Senator from Louisiana [Mr. VITTER] of, in accomplishing having the Hyde Americans are less than half of what proposes an amendment numbered 3896. America spends on Federal prisoners. amendment in Federal law with regard Mr. VITTER. I ask unanimous con- Preventative health care is so impor- to Indian health care, but it puts it in sent that reading of the amendment be tant for Indian Country due to the high a tenuous and precarious posture. It dispensed with. incidence of chronic diseases such as puts it up for debate and possible The PRESIDING OFFICER. Without change of policy every year, every time diabetes and obesity within these com- objection, it is so ordered. we debate a new Health and Human munities. IHS funding shortfalls for The amendment is as follows: Services appropriations bill. Therefore, medical personnel have only further (Purpose: To modify a section relating to it doesn’t make the policy very solid, contributed to the severe gaps in limitation on use of funds appropriated to very secure, or very clear. health care delivery in Indian Country. the Service) My amendment is very simple. It In 2005, there were job vacancy rates of Strike section 805 of the Indian Health would simply place that Hyde amend- 24 percent for dentists, 14 percent for Care Improvement Act (as amended by sec- ment language directly in the Indian nurses, 11 percent for physicians and tion 101(a)) and insert the following: health care language and say: No Fed- pharmacists, according to IHS data. ‘‘SEC. 805. LIMITATION RELATING TO ABORTION. eral funds in this program will be used I am very pleased and proud to be a ‘‘(a) DEFINITION OF HEALTH BENEFITS COV- to perform abortions except in the rare cosponsor of this important legislation, ERAGE.—In this section, the term ‘health exceptions delineated in the original as it establishes objectives to address benefits coverage’ means a health-related Hyde amendment. service or group of services provided pursu- these health disparities between Native This is very appropriate. Why should Americans and other members of the ant to a contract, compact, grant, or other agreement. we go to this in such a roundabout and American community. It will enhance ‘‘(b) LIMITATION.— tenuous and precarious way? I think we IHS ability to attract and retain quali- ‘‘(1) IN GENERAL.—Except as provided in should place that clear policy, which fied health care professionals for In- paragraph (2), no funds or facilities of the has been accepted over many years, dian Country. Service may be used— since the original Hyde amendment de- As a government, I am also hopeful ‘‘(A) to provide any abortion; or bate, directly in the Indian Health Care we will commit the additional re- ‘‘(B) to provide, or pay any administrative Improvement Act and not have it sort sources to Indian health care for this cost of, any health benefits coverage that in- of get there maybe every year through year and every year in the future. The cludes coverage of an abortion. ‘‘(2) EXCEPTIONS.—The limitation described such a torturous and tenuous and pre- time has long passed for this reauthor- in paragraph (1) shall not apply in any case carious route. ization. I am very proud our leader, in which— It is very simple. On this day, where Senator REID, has determined this to ‘‘(A) a pregnancy is the result of an act of tens of thousands upon tens of thou- be a priority for the Senate. I am proud rape, or an act of incest against a minor; or sands of Americans, particularly young

VerDate Mar 15 2010 22:12 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JA8.REC S22JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 22, 2008 CONGRESSIONAL RECORD — SENATE S43 people—and that is so heartening—are bills depends upon a host of legislative and the case of rape or incest with a minor. We marching on Washington in a positive political contingencies. Rather than merely strongly support this amendment. march for life, will we clearly reaffirm extending such a convoluted arrangement, Current federal law since the 1988 Indian that Hyde amendment language in the NRLC urges adoption of Senator Vitter’s Health Care reauthorization limits Indian amendment, which would simply codify the Health Service funds from being used to per- Indian Health Care Improvement Act? I longstanding policy: No federal funds for form abortion. It does so by referencing the suggest all of us should do that. I sug- abortion, except to save the life of the moth- Hyde provision in the annual LHHS appro- gest that would be a positive statement er, or in cases of rape or incest. The sub- priations bill, which prohibits such funding for life, for positive values for the fu- stance of Senator Vitter’s amendment is for abortion. S. 1200 in Section 805 reiterates ture. Voting for the amendment will based directly on the version of the Hyde this reference to the Hyde provision. How- accomplish just that. Amendment that has been in effect since ever, if the Hyde provision were removed I have talked to the chairman of the 1997, which appears as Section 508 in the cur- from the LHHS appropriations bill, funding committee, and he has indicated that a rent Labor/HHS appropriations bill (H.R. of abortion under Indian Health Services vote will be forthcoming further on in 3043). would ensue. In short, if you are opposed to direct fed- the debate of this bill. I welcome that. Senator Vitter’s amendment language is eral funding of abortion on demand, you similar to the Hyde provision and would sim- I welcome everyone on both sides of should support the Vitter Amendment. Re- ply codify this long-standing policy in the the aisle joining together around this jection of the Vitter Amendment would have Indian Health Care Improvement Act. As consensus amendment to make a posi- the effect of leaving the door open to future such, federal Indian Health Service funds tive statement for life, to reaffirm federal funding of abortion on demand by the would not be used for abortions, no matter what has been Federal policy for sev- IHS. what happens with the Hyde provision in fu- eral years, the Hyde amendment, and We anticipate that the roll call on the Vit- ture appropriations cycles. to move forward, hopefully together, in ter Amendment will be included in NRLC’s Your support for the Vitter amendment scorecard of key pro-life votes of the 110th a positive spirit, making that positive will uphold the long-standing policy that Congress. Thank you for your consideration United States taxpayers should not subsidize statement for life. of NRLC’s position on this important issue. abortion. FRC reserves the right to score In closing, this is a very important Sincerely, votes surrounding this amendment in our issue and a very important amend- DOUGLAS JOHNSON, scorecard for the Second Session of the 110th ment, a very important vote to mil- Legislative Director. Congress to be published this fall. lions of people around the country who Sincerely, care deeply about life. Because of that, OCTOBER 29, 2007. THOMAS MCCLUSKY, this will be a vote focused on and grad- Hon. DAVID VITTER, Vice President for Government Affairs. ed by several key national groups; spe- U.S. Senate, Washington, DC. Mr. VITTER. Again, in closing, I wel- cifically, the National Right to Life DEAR SENATOR VITTER: The 500,000 mem- come all of our colleagues to support Committee, Concerned Women of bers of Concerned Women for America are this commonsense, pro-life, positive America, and the Family Research grateful for your continued commitment to amendment. I look forward to any fur- Council. the sanctity of life. We appreciate your work ther debate on it, to answer any ques- I have letters from all three of these to eliminate federal funding of abortions tions that might arise, and to an im- groups making clear their strong sup- through the Indian Health Care Improve- portant vote before we conclude consid- ment Act (S. 1200). This amendment will ben- port of the Vitter amendment and also eration on this bill. making clear that this vote on this efit many women and save innocent lives as Indian Health Services (IHS) funds will be I yield the floor. amendment will be graded in their ac- prohibited for use for abortions. Mr. DORGAN. I suggest the absence tivity monitoring the Congress. I ask Thank you for your work to codify a long- of a quorum. unanimous consent that three letters standing policy and ensure that despite the The PRESIDING OFFICER. The be printed in the RECORD. change in partisan politics, this nation will clerk will call the roll. There being no objection, the mate- stand for life. A permanent adoption of this The bill clerk proceeded to call the rial was ordered to be printed in the policy to the IHS program will be a positive roll. RECORD, as follows: step in the direction of upholding our na- tion’s claim to the sanctity of life. Mr. SPECTER. I ask unanimous con- NATIONAL RIGHT The Hyde amendment of 1976 restricted the sent that the order for the quorum call TO LIFE COMMITTEE, INC., federal funding of abortion through Med- be rescinded. Washington, DC, October 23, 2007. icaid, but this policy did not apply to the The PRESIDING OFFICER. Without Re Vitter Amendment to S. 1200 (abortion IHS due to its receiving funding through a objection, it is so ordered. funding). separate Interior Appropriations bill. The (The remarks of Mr. SPECTER per- DEAR SENATOR: The Senate is expected to IHS continued to pay for abortion on demand taining to the introduction of S. 2539 soon consider S. 1200, the Indian Health Care until 1982. This was six years too long. and S. 2540 are located in today’s Improvement Act Amendments of 2007. The Though the Reagan administration adminis- National Right to Life Committee (NRLC) tratively curbed the practice, future admin- RECORD under ‘‘Statements on Intro- urges you to vote for an amendment that istrations have not been and will not be duced Bills and Joint Resolutions.’’) Senator Vitter will offer, which would codify barred from paying for abortion on demand The PRESIDING OFFICER. The Sen- a longstanding policy against funding of using IHS funds. ator from Minnesota is recognized. abortions with federal Indian Health Service Senator Vitter, that is why we are grateful Ms. KLOBUCHAR. Madam President, (IHS) funds (except to save the life of the for your pro-life amendment to S. 1200. Leg- I come to the floor today to talk about mother, or in cases of rape or incest). islative policies are needed to ensure that my support for the reauthorization of For Medicaid, federal funding of abortion the sanctity of life is not subject to partisan was restricted beginning in 1976 by enact- politics. We appreciate your commitment to the Indian Health Care Improvement ment of the Hyde Amendment to the annual prohibit the federal government from fund- Act. I am a cosponsor of this bill be- HHS appropriations bill. However, because ing abortion on demand. cause there is a vital need for our Na- the IHS is funded through the separate Inte- Sincerely, tive American communities to have ac- rior appropriations bill, which has never con- WENDY WRIGHT, cess to modernized health care. tained a ‘‘Hyde Amendment,’’ the IHS con- President, Today, the health disparities between tinued to pay for abortion on demand long Concerned Women for America. our tribal communities and the rest of after the Hyde Amendment was enacted. The the country are shocking. According to Reagan Administration curbed the practice FAMILY RESEARCH COUNCIL, administratively in 1982, as a temporary fix. Washington, DC, January 14, 2008. the Indian Health Service, the average Subsequently, in an IHS reauthorization bill U.S. SENATE, life expectancy for Native Americans is in 1988, Congress enacted 25 U.S.C. § 1676, Washington, DC. almost 21⁄2 years below any other group which said that any abortion funding limita- DEAR SENATOR: On behalf of Family Re- in the country. The incidence of sudden tions found in the HHS appropriations meas- search Council and the families we represent, death syndrome among tribal commu- ure in effect at any given time will also I want to urge you to vote for the amend- nities is more than three times the apply to the IHS. That requirement, which ment offered by Senator David Vitter (R–LA) rate of nontribal infants. If you are a would be continued by Section 805 of S. 1200 to the Indian Health Care Improvement Act as reported, provides no real assurance that of 2007 (S. 1200) which would prevent Indian Native American, you are 200 percent federal IHS funds will not be used to pay for Health Service funds from being used for more likely to die of diabetes, you are abortion on demand in the future, because abortion. Exceptions would include cases 500 percent more likely to die from tu- the language of future HHS appropriations where the life of the mother is at risk, or in berculosis, you are 550 percent more

VerDate Mar 15 2010 22:12 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JA8.REC S22JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S44 CONGRESSIONAL RECORD — SENATE January 22, 2008 likely to die from alcoholism, and you the reservation. These are people who I wish to describe that need by de- are 60 percent more likely to commit need a hip replacement or a knee re- scribing one person, a Native Amer- suicide. placement or a simple cataract sur- ican, the late Lyle Frechette. This is a These may seem like nothing but sta- gery, but they are unable to get the photograph taken after he finished tistics, but behind them are real people health care they deserve because there high school. He was a member of the who are in real need of modernized is a lack of doctors, adequate medical Menominee Tribe of Indians in Wis- health care services. facilities, and basic insurance cov- consin. He was a proud veteran, who The suicide rate among Native Amer- erage. went into the Marine Corps right after ican youth is the highest of any racial The Federal Government has a trust high school, when this picture was group in the Nation. In fact, suicide is responsibility to provide health care taken. After serving his country as a the third leading cause of death among for our tribal communities. I cospon- U.S. marine, he came home to the In- Native American youth. One of the sored the Indian Health Care Improve- dian reservation to find life had signifi- country’s most recent victims is a 12- ment Act because we made a commit- cantly changed. That was at a time in year-old Red Lake boy who hanged ment to our tribal communities. We this country when we were going himself last October. This young boy’s must ensure our tribal communities through what is called ‘‘termination suicide only added to the heartache of have access to convenient, preventive, and relocation.’’ The policy in this the Red Lake Indian Reservation, and modern health care. I urge my col- country was to say to American Indi- which is located in my State of Min- leagues to join me and support reau- ans that we want to get you off the res- nesota. This Indian reservation, the thorizing this important bill. ervation and to a city someplace. people there had already suffered a lot. I yield the floor, and I note the ab- In fact, the official policy of the Fed- Back in March of 2005, at the Red Lake sence of a quorum. eral Government was to terminate gov- High School, a troubled teenager The PRESIDING OFFICER. The ernment-to-government relationships named Jeff Weise went on a shooting clerk will call the roll. with 109 Indian tribes during that pe- rampage, killing nine people before The bill clerk proceeded to call the riod, the early 1950s. It was suggested, well, let’s terminate relationships with turning the gun on himself. Most of the roll. tribes and say to these Indians: Go to news reports highlighted the troubled Mr. DORGAN. Madam President, I the city and leave your reservation. So teen’s past, including a history of de- ask unanimous consent that the order many did, and Lyle Frechette did. The pression and suicide attempts and the for the quorum call be rescinded. movement from a tribal reservation, daunting socioeconomic conditions in The PRESIDING OFFICER. Without where there was some Indian health his reservation community. This ca- objection, it is so ordered. care, although inadequate, to the lamity serves as a tragic reminder of Mr. DORGAN. Madam President, I major cities meant that Lyle Frechette the importance of increasing efforts to believe Senator NELSON of Florida is on his way. Before that, the legislation we was leaving an area that had vast for- effectively address mental health ests and timber resources that rep- issues in Indian Country and elsewhere. brought to the floor from the Com- mittee on Indian Affairs has been resented financial stability for the Me- I know my colleague, Senator DORGAN, nominee Tribe. Yet the Federal Gov- has been leading this effort, this bipar- worked on for a long while. It is long past due to be considered by the Con- ernment thought this was a great can- tisan effort, to make sure we reauthor- didate for termination. So they took gress. It deals with the urgent need for ize this important act. steps to terminate the tribal status. Indian health care. We know the negative impact mental That termination had catastrophic I want to especially say we worked health issues have on our communities, effects on the lives of many of the trib- with the National Indian Health Board but we also know access to modern al governments and the people who on this legislation and Sally Smith, mental health care resources can make were members of the tribes. It required chair of the board; with the Tribal a difference. That is why it is so crit- many of the young tribal members, ical to reauthorize the Indian Health Leaders Steering Committee on Indian such as Lyle Frechette, to either stay Care and Improvement Act. Health, Buford Rollin, cochair, and Ra- on the reservation and live in abject Reauthorizing this bill will provide chel Joseph, cochair. We worked close- poverty, with no further health or any tribal communities with the tools ly with the National Congress of Amer- benefits that had long been promised to needed to build comprehensive behav- ican Indians, Joe Garcia, president, and them, or participate in the Federal ioral health prevention and treatment Jackie Johnson, executive director. We urban relocation program. Often, they programs—programs that emphasize held listening sessions at many Indian were given a one-way bus ticket and collaboration among alcohol and sub- reservations to talk about the chal- told good luck; they ended up in cities stance abuse, social services, and men- lenges and what we need to do to re- with substantial limitations on what tal health programs, and programs solve these issues. they could do. that will help communities such as Red I wish to mention as well today we Lyle Frechette had a young wife and Lake prevent further tragedies. have from the White House a state- a child and they relocated to Mil- Reauthorizing this bill will also help ment of administration policy in which waukee, WI, 31⁄2 hours from the reserva- tribal communities attract and retain the White House is talking about a po- tion. He no longer had access to health qualified Indian health care profes- tential veto of this legislation. That is care on the Indian reservation. There sionals and address the backlog in not particularly unusual. The White were very few urban clinics and the re- needed health care facilities on Indian House has been talking about vetoing located Indians only qualified for pri- reservations. I have visited the facili- almost anything and everything for the vate sector insurance for 6 months, and ties. I visited the reservations through- last several months. So I am not par- that was over. Health care is essential. out my State, and I know they are in ticularly surprised. My hope is we can Many of these folks, including this need of this help. The lack of avail- work with the White House. This is a young man, left the reservation be- ability of nearby health care facilities bipartisan piece of legislation. We ex- cause of the termination and reloca- and specialized treatment is a major pect to pass it through the Congress, tion program and discovered they were concern for tribal communities, espe- and my hope is the President will sign not able to access health care pro- cially those with large reservations. it. grams. On the Minnesota White Earth Indian I wish to address one of the issues the Then, over a period of years, urban Reservation, which is the largest res- White House is concerned about—the health care programs were established ervation in our State, spanning 200 Indian urban health care program. The to try to be helpful to those whom we miles and home to almost 10,000 people, President has requested we not have had literally forced off the reserva- elective surgeries are not even an op- any funding for it, that we discontinue tions. The fact is it has been a life- tion—in an area that spans 200 miles— the urban Indian health care program. saving experience for many urban Indi- due to a lack of modernized health care My colleague, Senator MURKOWSKI, and ans to be able to access that which was resources and facilities. Currently, I and many others have disagreed with guaranteed them as part of the trust these White Earth tribal members are that. We believe there is a need for the responsibility of the Federal Govern- unable to undergo elective surgery on urban Indian health care program. ment to American Indians, even being

VerDate Mar 15 2010 22:12 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JA8.REC S22JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 22, 2008 CONGRESSIONAL RECORD — SENATE S45 able to access that in some of our diverse as the Western Hemisphere, to come out in a bipartisan way with a urban areas. The President has wanted people are hurting. In addition to the fix that will help stimulate the econ- to shut down that program. We have global and national economies, our omy and try to get us back on track: said we don’t support that, on a bipar- people are triply hurting by getting the increasing unemployment compensa- tisan basis. Congress has said the urban double whammy of increased real es- tion perhaps from the 26 weeks to as health care programs for American In- tate taxes, as well as huge increases in many as 46 weeks; the ability to go in dians has worked very well. homeowners insurance. We talked and put money quickly in somebody’s I wished to describe that issue be- about this crisis many times on the pocket, such as a reduction of the pay- cause the President indicated that is floor—about an appropriate Federal roll taxes, that in those every 2-week one of the issues in his letter and the role to assist the States with regard to paychecks, they will see an increase in statement of administrative policy insurance markets that have gone out that take-home pay; perhaps for those today in which he suggests he may well of control, jacking the rates to the who are hurting the most at the lower veto this legislation. I hope he will not Moon, in the anticipation of another end of the economic scale, additional and that we will work on a bipartisan catastrophe following Katrina in New food stamps; infrastructure support basis to convince the President doing Orleans and the previous year, 2004, that would get money into the econ- this is the right thing to do. four hurricanes that hit Florida within omy, stimulating and turning over I know my colleague from Florida is a 6-week period. those dollars into the economy if it is here ready to speak. At this point, I All those things have come together, invested in items that can be spent im- yield the floor, and my colleague wish- so that I can tell you in these 15 town mediately in the much needed repair of es to be recognized. hall meetings I did, from literally one roads and bridges. The PRESIDING OFFICER. The Sen- end of Florida, Key West, to the other, Whatever the ideas are, there is ator from Florida is recognized. Pensacola, people are hurting. You going to be an ideological divide. Let’s Mr. NELSON of Florida. Madam take a very upscale, increasingly hot hope it does not come down to this President, I wish to say to the very dis- economy, such as Fort Myers, Lee question of taxing the poor and giving tinguished Senator from North Dakota County, they are in the economic dol- the tax breaks to the more well off. he has always been one of the foremost drums. They are hurting. Go to your That is not going to give the economic advocates for improving Indian health rural areas. We always talk about rural stimulus this country needs. And then on the tribal lands, and I intend to sup- health care. It is certainly true there. approaching this question of all these port him. I thank him for his advocacy. But the rural areas are depressed. The defaulted loans or the ones that are In my State of Florida, we have a jobs have diminished. Unemployment about to be defaulted, over and above number of very prominent Indian has gone up. The people are concerned what we have already attempted to do tribes, the Seminoles, the Mikasukis, about their investments. The main in- in December, is something that we and others. The good fortune is they do vestment the average Florida family must address. What is the appropriate not have the health problems other has is their home. If they need cash action, not to reward those who were tribes have throughout other parts of and need to sell their home, now they gaming the system, but for those who the country. Yet there are some prob- cannot sell their home because there is are genuinely hurting because they ei- lems in Florida as well. This is a mat- a complete flat market; and if they ther did not know or they were de- ter we cannot continue to close our need cash, trying to get an additional ceived into signing a mortgage that eyes to. We need to help them. I intend loan because of equity, the banks are lulled them along with cheap interest to support the Senator from North Da- not loaning. So you get the picture of rates and then all of a sudden has an kota on this bill. I look forward to its what is happening in Florida. Indeed, escalation of that interest rate that passage and, hopefully, working out Florida is the microcosm of America. they cannot pay. A combination of all these actions is the problems with the White House so This is happening all over America. they will not veto this legislation. Now, what we have already voted on what we ought to think about and come up with a stimulus package very Madam President, I wish to talk in the Senate is a first step. But it is a soon in a bipartisan way. Let’s in the about this. We are now obviously in a small step. We have voted on, and I Senate rise above the petty partisan recession: the gyration of the stock have supported, mortgage forgiveness politics that has so dominated this market, the weakness of the dollar, the debt relief so if a bank were to forgive Chamber now for the last several years. roiling markets around the world, the part of the loan, we want to change the Let’s rise and come together and help emergency meeting of the Federal Re- Tax Code so the homeowner doesn’t our people with a quick passage of a serve, the cutting of the rate three- have to pay income tax on that reduc- 1 1 stimulus package that will get Amer- quarters of a percent, from 4 ⁄4 to 3 ⁄2, tion in the amount of the loan the ica back on the economic track. the likelihood they will meet again bank grants them, to try to keep them FLORIDA PRIMARY next week and cut the interest rate solvent so they can continue to pay off I end by saying a word or two about further. We are in a full-scale reces- the loan. a completely different subject. It has sion. We are also supporting property tax been painful for this Senator to see the I have returned from my State of relief, which is that 32 million home- Democratic candidates for President Florida and this recess having done owners, or 70 percent of taxpayers, do stay out of my State of Florida because town hall meetings all over the State, not itemize their real estate property they had to sign a pledge that was in- in which the town halls were packed, taxes, and of that 70 percent, 32 million sisted upon by the four first privileged with standing room only. They were of those are homeowners. What we are States—Iowa, New Hampshire, Nevada, out into the hallways. They were hun- suggesting is that we give them a and South Carolina—even though it gry to be heard, and that is the way I standard deduction, so if you own real was a Republican State legislature, conduct those town hall meetings. I go estate property and you don’t itemize signed into law by a Republican Gov- in and say: This is your meeting, and I your deductions, there will be a stand- ernor of Florida, moving the primary 1 want to hear what is on your mind, ard deduction that will be available. week before super Tuesday, February 5, what your concerns are, and I want to And then in December the Senate to the Florida primary date of January know how you are hurting, so we can passed, and this Senator voted for, the 29, those four privileged States insisted try to help you. We pick up huge num- Federal Housing Administration Mod- that the candidates sign a pledge or bers of cases for our caseworkers as a ernization Act. It was intended to help else suffer the consequences in those result of these outreach town hall homeowners in the risky subprime early four States. meetings all over my State. mortgages to be able to refinance them The pledge was that they would not Let me remind you my State is the through the FHA into more reliable campaign in Florida, they would not fourth largest in the Union and by 2012 mortgages. These are all attempts at hire staff in Florida, they would not it will surpass New York and will be getting at the problem. But that was open an office, they would not make the third largest in the Union. In that December and this is now late January telephone calls, they would not make midst of 18 million people who are as and the economy has slipped further advertisements, they would not, can diverse as America, indeed becoming as and deeper into recession. So we need you believe, have press conferences.

VerDate Mar 15 2010 22:12 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JA8.REC S22JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S46 CONGRESSIONAL RECORD — SENATE January 22, 2008 This Senator thinks that the first AMENDMENT NO. 3893 traditional homelands and onto federally es- amendment protections have been Mr. BROWNBACK. Madam President, tablished and controlled reservations, in ac- shredded. Nevertheless, that is what I ask unanimous consent that the cordance with such Acts as the Act of May pending business be set aside and that 28, 1830 (4 Stat. 411, chapter 148) (commonly the Democratic candidates did, and known as the ‘‘Indian Removal Act’’); they have stayed out of Florida. my amendment, No. 3893, be called up. (13) many Native Peoples suffered and per- The Republican National Committee, The PRESIDING OFFICER. Without ished— not taking away all the delegates as objection, it is so ordered. The clerk (A) during the execution of the official the Democratic National Committee will report the amendment. Federal Government policy of forced re- did from Florida, took away half the The legislative clerk read as follows: moval, including the infamous Trail of Tears and Long Walk; Republican delegates from Florida but The Senator from Kansas [Mr. BROWNBACK] proposes an amendment numbered 3893. (B) during bloody armed confrontations did not extract such a pledge. Thus, and massacres, such as the Sand Creek Mas- since the South Carolina primary was Mr. BROWNBACK. Madam President, sacre in 1864 and the Wounded Knee Massacre already held for the Republicans, and it I ask unanimous consent that the read- in 1890; and is still to be held this Saturday for the ing of the amendment be dispensed (C) on numerous Indian reservations; Democrats, we see the Republicans en with. (14) the Federal Government condemned masse in Florida campaigning, much to The PRESIDING OFFICER. Without the traditions, beliefs, and customs of Native the chagrin of Florida Democrats who objection, it is so ordered. Peoples and endeavored to assimilate them by such policies as the redistribution of land do not see their candidates. The amendment is as follows: under the Act of February 8, 1887 (25 U.S.C. What is going to happen is that next (Purpose: To acknowledge a long history of 331; 24 Stat. 388, chapter 119) (commonly Tuesday, Florida is going to vote; Flor- official depredations and ill-conceived poli- known as the ‘‘General Allotment Act’’), and ida, 18 million people, the first big cies by the Federal Government regarding the forcible removal of Native children from State to vote, the first State that is Indian tribes and offer an apology to all their families to faraway boarding schools representative of the country as a Native Peoples on behalf of the United where their Native practices and languages States) whole in almost any demographic that were degraded and forbidden; (15) officials of the Federal Government we line up with the country, it is going At the end, add the following: TITLE III—MISCELLANEOUS and private United States citizens harmed to vote, and it is going to cast its bal- Native Peoples by the unlawful acquisition lots for President of both parties, and SEC. 301. RESOLUTION OF APOLOGY TO NATIVE of recognized tribal land and the theft of it is going to be reported how Florida PEOPLES OF UNITED STATES. tribal resources and assets from recognized (a) FINDINGS.—Congress finds that— votes. It is definitely going to have an tribal land; (1) the ancestors of today’s Native Peoples (16) the policies of the Federal Government effect 7 days going into super Tuesday inhabited the land of the present-day United when 22 States vote. toward Indian tribes and the breaking of cov- States since time immemorial and for thou- enants with Indian tribes have contributed Senator LEVIN of Michigan and I sands of years before the arrival of people of to the severe social ills and economic trou- have filed a bill that will bring some European descent; bles in many Native communities today; order out of this chaos. There should (2) for millennia, Native Peoples have hon- (17) despite the wrongs committed against not be a person in America who thinks ored, protected, and stewarded this land we Native Peoples by the United States, Native this is the way to nominate a President cherish; Peoples have remained committed to the (3) Native Peoples are spiritual people with protection of this great land, as evidenced by of the United States for their party. If a deep and abiding belief in the Creator, and we continue to allow this kind of chaos the fact that, on a per capita basis, more Na- for millennia Native Peoples have main- tive Peoples have served in the United States going on, the States will continue to tained a powerful spiritual connection to Armed Forces and placed themselves in leapfrog each other, and the first pri- this land, as evidenced by their customs and harm’s way in defense of the United States mary will be at Halloween. legends; in every major military conflict than any This is not a good way of selecting (4) the arrival of Europeans in North Amer- other ethnic group; ica opened a new chapter in the history of nominees. Senator LEVIN and I have (18) Indian tribes have actively influenced Native Peoples; suggested a more orderly system that I the public life of the United States by con- (5) while establishment of permanent Euro- tinued cooperation with Congress and the will describe in detail at a later time pean settlements in North America did stir Department of the Interior, through the in- but that would have six primaries: the conflict with nearby Indian tribes, peaceful volvement of Native individuals in official first in March, two in April, two in and mutually beneficial interactions also Federal Government positions, and by lead- May, and the last one in June, through took place; ership of their own sovereign Indian tribes; which the States, large and small, geo- (6) the foundational English settlements in (19) Indian tribes are resilient and deter- graphically distributed, would each, Jamestown, Virginia, and Plymouth, Massa- mined to preserve, develop, and transmit to according to the sequence of which chusetts, owed their survival in large meas- future generations their unique cultural ure to the compassion and aid of Native Peo- they would draw out of a hat one to identities; ples in the vicinities of the settlements; (20) the National Museum of the American six, proceed on that order. Four years (7) in the infancy of the United States, the Indian was established within the Smithso- later, they would rotate. The ones sec- founders of the Republic expressed their de- nian Institution as a living memorial to Na- ond would go first, and the ones first sire for a just relationship with the Indian tive Peoples and their traditions; and would go to the last primary in June, 4 tribes, as evidenced by the Northwest Ordi- (21) Native Peoples are endowed by their years down the road in the next Presi- nance enacted by Congress in 1787, which be- Creator with certain unalienable rights, and dential cycle. gins with the phrase, ‘‘The utmost good faith among those are life, liberty, and the pursuit We have to bring order out of this shall always be observed toward the Indi- of happiness. ans’’; (b) ACKNOWLEDGMENT AND APOLOGY.—The chaos. In the meantime, I am here as (8) Indian tribes provided great assistance United States, acting through Congress— Florida’s senior Senator to say and to to the fledgling Republic as it strengthened (1) recognizes the special legal and polit- let all those Presidential candidates and grew, including invaluable help to ical relationship Indian tribes have with the know that Florida takes its vote very Meriwether Lewis and William Clark on United States and the solemn covenant with seriously. Florida will express herself their epic journey from St. Louis, Missouri, the land we share; in both parties. Florida will have the to the Pacific Coast; (2) commends and honors Native Peoples influence of the first big State, and by (9) Native Peoples and non-Native settlers for the thousands of years that they have the time we get to the conventions in engaged in numerous armed conflicts; stewarded and protected this land; (10) the Federal Government violated many (3) recognizes that there have been years of August and September, the entire Flor- of the treaties ratified by Congress and other official depredations, ill-conceived policies, ida delegation will be seated and voted. diplomatic agreements with Indian tribes; and the breaking of covenants by the Federal So I ask the Presidential candidates (11) the United States should address the Government regarding Indian tribes; to consider the frustration and the con- broken treaties and many of the more ill- (4) apologizes on behalf of the people of the sternation on the Democratic side as conceived Federal policies that followed, United States to all Native Peoples for the we approach our Florida Presidential such as extermination, termination, forced many instances of violence, maltreatment, primary on January 29. removal and relocation, the outlawing of tra- and neglect inflicted on Native Peoples by ditional religions, and the destruction of sa- citizens of the United States; Madam President, I yield the floor. cred places; (5) expresses its regret for the ramifica- The PRESIDING OFFICER. The Sen- (12) the United States forced Indian tribes tions of former wrongs and its commitment ator from Kansas. and their citizens to move away from their to build on the positive relationships of the

VerDate Mar 15 2010 22:12 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JA8.REC S22JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 22, 2008 CONGRESSIONAL RECORD — SENATE S47 past and present to move toward a brighter tained a powerful physical and spir- failures, express sincere regrets, and future where all the people of this land live itual connection to it. In service to the work toward establishing a brighter fu- reconciled as brothers and sisters, and har- Creator, Native peoples sowed the land, ture for all Americans. It is in this moniously steward and protect this land to- journeyed it, and protected it. The peo- spirit of hope for our land that I am of- gether; (6) urges the President to acknowledge the ple from my State of Kansas have a fering Senate Joint Resolution 4, the wrongs of the United States against Indian similar strong attachment to the land. Native American Apology Resolution, tribes in the history of the United States in Like many in my State, I was raised as an amendment to the bill currently order to bring healing to this land by pro- on the land. I grew up farming and car- before us. This resolution will extend a viding a proper foundation for reconciliation ing for the land. I and many in my formal apology from the United States between the United States and Indian tribes; State established a connection to this to tribal governments and Native peo- and land as well. We care for our Nation ples nationwide—something we have (7) commends the State governments that and the land of our forefathers so never done; something we should have have begun reconciliation efforts with recog- greatly that we too are willing to serve done years and years ago. nized Indian tribes located in their bound- and protect it, as faithful stewards of aries and encourages all State governments I want my fellow Senators to note similarly to work toward reconciling rela- the creation with which God has this resolution does not—does not—dis- tionships with Indian tribes within their blessed us. I believe without a doubt miss the valiance of our American sol- boundaries. citizens across this great Nation share diers who fought bravely for their fam- (c) DISCLAIMER.—Nothing in this section— this sentiment and know its unifying ilies in wars between the United States (1) authorizes or supports any claim power. Americans have stood side by and a number of the Indian tribes, nor against the United States; or side for centuries to defend this land does this resolution cast all the blame (2) serves as a settlement of any claim we love. for the various battles on one side or against the United States. Both the Founding Fathers of the another. Mr. BROWNBACK. Madam President, United States and the indigenous Further, this resolution will not re- I thank my colleague from North Da- tribes that lived here were attached to solve the many challenges still facing kota, the chairman of the Indian Af- this land. Both sought to steward and Native Americans, nor will it author- fairs Committee, who has been a spon- protect it. There were several instances ize, support or settle any claims sor of this bill that I put in amendment of collegiality and cooperation between against the United States. It doesn’t form and am calling up now as an our forbears—for example, in James- have anything to do with any property amendment, as an official apology to town, VA, Plymouth, MA, and in aid to claims against the United States. That Native Americans in the United States explorers Lewis and Clark. Yet, sadly, is specifically set aside and not in this for past issues. It is an amendment since the formation of the American bill. What this resolution does do is with a lot of history to it. Republic, numerous conflicts have en- recognize and honor the importance of The bill has been brought up this sued between our Government, the Native Americans to this land and to Congress, the last Congress, and it has Federal Government, and many of the United States in the past and today passed the Indian Affairs Committee these tribes, conflicts in which war- and offers an official apology for the both Congresses. It is an amendment riors on all sides fought courageously poor and painful choices the U.S. Gov- with an issue of a lot of history to it. and which all sides suffered. Even from ernment sometimes made to disregard The chairman and myself are from the earliest days of our Republic there its solemn word to Native peoples. It Plains States where there is a lot of existed a sentiment that honorable recognizes the negative impact of nu- Native American history, as there is dealings and a peaceful coexistence merous destructive Federal acts and throughout the United States. It is a were clearly preferable to bloodshed. policies on Native Americans and their history that is both beautiful, difficult, Indeed, our predecessors in Congress in culture, and it begins—begins—the ef- and sad at the same time. 1787 stated in the Northwest Ordinance: fort of reconciliation. I have four tribal lands in my State, The utmost good faith shall always be ob- President Ronald Reagan spoke of four areas where there are tribal lands, served toward the Indians. the importance of reconciliation many some that are tribal but don’t have a Many treaties were made between times throughout his Presidency. In a resident tribe in the State. This has the U.S. Government and Native peo- 1984 speech to mark the 40th anniver- been an issue that has been around for ples, but treaties are far more than sary of the day when the Allied armies some time—the relationship between just words on a page. Treaties rep- joined in battle to free the European the Federal Government and the tribes. resent our word, and they represent our Continent from the grip of the Axis What we have crafted in this amend- bond. Treaties with other governments powers, Reagan implored the United ment, a previous bill that is now in are not to be regarded lightly. Unfortu- States and Europe to ‘‘prepare to reach amendment form, is an official apol- nately, again, too often the United out in the spirit of reconciliation.’’ ogy. It does not deal with property States did not uphold its responsibil- Martin Luther King, whom we recog- issues whatsoever, but it recognizes ities as stated in its covenants with nized and celebrated yesterday, who some of the past difficulty in the rela- Native tribes. was a true reconciler, once said: tionship. I have read all of the treaties in my The end is reconciliation, the end is re- It says that for those times the Fed- State between the tribes and the Fed- demption, the end is the creation of the be- eral Government was wrong, we ac- eral Government that apply to Kansas. loved community. knowledge that and apologize for it. They generally came in tranches of This resolution is not the end, but Apologies are difficult and tough to do, three. First, there would be a big land perhaps it signals the beginning of the but I think this one is meritorious and, grant to the tribe. Then there would be end of division and a faint first light as I present my case, I hope my col- a much smaller one associated with and first fruits of the creation of be- leagues will agree and support this some equipment and livestock, and loved community. This is a resolution amendment. then a much smaller one after that. of apology and a resolution of rec- I rise today to speak about this issue Too often, our Government broke its onciliation. It is a step toward healing that I believe is important to the well- solemn oath to Native Americans. For the wounds that have divided our coun- being of all who reside in the United too long, relations between the United try for so long—a potential foundation States. It is an issue that has lain un- States and Native people of this land for a new era of positive relations be- resolved for far too long, an issue of have been in disrepair. For too much of tween tribal governments and the Fed- the United States Government’s rela- our history, Federal tribal relations eral Government. tionship with the Native peoples of this have been marked by broken treaties, It is time—as I have stated, it is way land. mistreatment, and dishonorable deal- past time—for us to heal our land of di- Native Americans have a vast and ings. I believe it is time to work to re- vision, all divisions, and bring us to- proud legacy on this continent. Long store these relationships to good gether. There is perhaps no better before 1776 and the establishment of health. While the record of the past place than in the midst of the Senate’s the United States of America, Native cannot be erased, I am confident the consideration of the Indian Health Care peoples inhabited this land and main- United States can acknowledge its past Improvement Act reauthorization to do

VerDate Mar 15 2010 22:12 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JA8.REC S22JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S48 CONGRESSIONAL RECORD — SENATE January 22, 2008 this. With this in mind, I hope my Sen- The Indian Health Care Improvement sponsored it as a bill when he has in- ate colleagues will support this amend- Act is one step in the right direction to troduced it in the Senate. ment. I would ask their consideration say this country will start to keep its So my thanks to the Senator from on it. I would ask for their positive promise, its promise, as a trust respon- Kansas. And after he speaks, Madam vote for it. sibility, to provide health care for President, I know the Senator from I hope a number of my colleagues in American Indians. Ohio wishes to be recognized. But I sus- the Senate will join me as a cosponsor I say to my colleague from Kansas, I pect the Senator from Kansas wishes to of the amendment itself so we can show used a chart earlier today to say the say a word, at which point I am happy a united front and that it is time for us American people, the American Gov- the Senator from Ohio is here and to heal. I ask they give us that consid- ernment, is responsible, because of wishes to speak on this bill. eration. I simply ask my colleagues to treaty obligations and a trust obliga- The PRESIDING OFFICER. The Sen- look for this, and I hope they can vote tion, a trust obligation we have for ator from Kansas. for it as well. American Indians, to provide health Mr. BROWNBACK. Madam President, I yield the floor. care to two groups of people. One group I wished to thank my colleague from The PRESIDING OFFICER. The Sen- is incarcerated Federal prisoners. That North Dakota, and I would ask the ator from North Dakota. is our charge. We put them in prison amendment be referred to as the Mr. DORGAN. Madam President, I for crimes, we are required to provide Brownback-Dorgan amendment, if that thank the Senator from Kansas. I am a for their health care in Federal prisons. would be acceptable to my colleague. cosponsor in support of the amendment We also have a responsibility for health We will put it forward that way be- he has offered. care for American Indians because of cause he has been lead sponsor of this If one studies the history in this the trust responsibility and treaties by for the past several Congresses, and I country with respect to Indian tribes, which we made that promise. appreciate his hard work. it is a tragedy. It is very hard for some- Compare the two. We spend twice as I appreciate his heart and his practi- one to study it, understand it, and not much money providing health care for cality on the current situation. We do wish our country to apologize for it. incarcerated prisoners in Federal pris- have to get better health care on the We entered into treaties with the ons as we do providing health care to reservations and for the Native tribes. tribes; agreements, signed treaties, American Indians. And that is why I appreciate the effort to get that done, with the tribes. We took tribal home- today it is likely somewhere on an In- and I think that is an important effort lands and pushed them onto reserva- dian reservation someone is dying who for us and a very practical and nec- tions and made agreements, including shouldn’t have to die. Some young essary thing, so the examples he talks trust agreements, to provide for their child is suffering who shouldn’t have to about, and unfortunately so many oth- health care and many other things. suffer because the health care we ex- ers, don’t continue to happen across Then we decided we wanted to push pect for our families is not available to this country. them off reservations and move them them. The amendment put forward by my into urban areas. Then we decided we If I might, for another minute, say colleague from Louisiana, Senator VIT- would discontinue a government-to- once again that I showed a picture this TER, is also important, his view about government relationship with 109 morning of a young girl named codifying a situation regarding abor- tribes. We terminated the tribal status Ta’Shon Rain Littlelight. She died at tions with Native Americans. I would of 109 tribes, and we told these folks to the age of 5. Ta’Shon Rain Littlelight hope that would be something we could leave the reservations and here is a didn’t get the health care most of us see passed as something that is a hope- one-way ticket. We want you to go to would expect for our children. She was ful sign in pushing to the future, rather the cities to be assimilated into the a beautiful young child on the Crow than a sign of despair and the killing of cities. So we sent them off to the cit- reservation, and she spent the last 3 children, which I think is completely ies, far away from families and health months of her life in unmedicated pain. wrong for us to see taking place and for care facilities. Then we sent them off Finally, she was diagnosed with a ter- us to be funding it as well. to boarding schools and terminated minal illness. And when she was, and I I am delighted this bill is coming up. their governmental status. We took talked about this earlier, she asked to I think this is an important issue for us lands off protected trust status and go to see Cinderella’s castle, and so the to debate, and I am glad to support it. then turned, once again, and began to Make-A-Wish Foundation sent her and I yield the floor. revitalize tribal language and culture her mother to Orlando. In the hotel, on The PRESIDING OFFICER. The Sen- and governments. the night before she was to see Cin- ator from Ohio. When you understand what this coun- derella’s castle, she died in her moth- Mr. BROWN. Madam President, Wall try has done, in terms of abrogating er’s arms. As she lay in her mother’s Street and international markets are agreements and treaties it has made, arms, she said: Mommy, I will try not clearly concerned or worse over a pos- one can understand the words of Chief to be sick. Mommy, I will try to get sible U.S. recession. Congress is formu- Joseph. Here is what Chief Joseph said: better. lating, as we know—the President, Good words do not last long unless they This young girl, time after time after both parties’ leadership, the Members amount to something. Good words do not pay time, had been taken to the clinic and of the House and Senate—an economic for my dead people. Good words cannot give was diagnosed and treated for depres- stimulus package, which is the right me back my children. Good words will not sion at the age of 5 when, in fact, she thing to do, but there are several give my people good health and stop them had terminal cancer and she is now pieces to this puzzle. The economy is from dying. I am tired of talk that comes to dead. A beautiful young girl—Ta’Shon faltering, to be sure, and we have those nothing. It makes my heart sick when I re- Rain Littlelight. This is happening concerns about our economy as a member all of the good words and then all of across our country, and we have to stop whole. Equally important, I would the broken promises. it. It is our responsibility to stop it. argue more importantly, more Ameri- Chief Joseph was an honorable Indian My colleague from Kansas offers a cans are losing access to basic neces- leader. He negotiated face-to-face with resolution that talks about past sities because of it. the leaders of our country. And while abuses, and they are unbelievable. But A stimulus package should do two he lived, he saw promise after promise some of them continue, and that is the things. First of all, a stimulus package after promise broken. U.S. Supreme purpose of this bill and the reason I ap- needs to stimulate the economy so we Court Justice Hugo Black wrote: preciate his support for the underlying can pull ourselves more quickly and Great nations, like great men, should keep bill. But I did wish to say I am a co- more vigorously, if you will, out of this their word. sponsor of the amendment offered by recession. A stimulus package also, That is all Chief Joseph and so many Senator BROWNBACK. It is the right equally or more importantly, needs to other Indian leaders asked, and it was thing for our country to do. I am proud help those people who have been most never granted. We are trying now, in to cosponsor what he is suggesting to victimized by the recession. some small and some significant ways, the Senate today. He is offering it now I rise to urge this body to take re- to remedy and address these issues. as an amendment. I have previously co- sponsibility for helping those who are

VerDate Mar 15 2010 22:12 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JA8.REC S22JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 22, 2008 CONGRESSIONAL RECORD — SENATE S49 without food, without adequate heat, ence expenses. What he gets from the for economic stimulus goes hand in and without adequate housing; those food bank is not enough either. The hand with the need for a caring com- for whom the economic crisis is not groceries he receives last his household munity. Again, the economic stimulus just a source of anxiety, in some sense about 1 week. Food distributions are package needs to stimulate the econ- it is a thief in the night who has robbed limited to once a month. omy. It also needs, equally, maybe Americans of basic human needs. In Ohio, 70 percent of food pantries more importantly, to help those who In December, I spoke about the crisis do not have enough food to serve every- have been victimized by this recession. food banks across our Nation face. It one in need. This problem is not unique Our Nation has always been a caring was the lead-up to Christmas, a time to Ohio. It is affecting cities across the community. More children are hungry when the spirit of giving is at its peak. country, with Denver and Orlando and today. More elderly Americans cannot The holidays are now over and we are Phoenix particularly hard-hit. Ameri- pay their heating bills. More middle- deep into January. Not surprisingly, can’s Second Harvest, the nationwide class families now consider themselves food bank donations have fallen off food bank network, projected a food among the working poor. Americans do precipitously. Yet the need for food shortage of 15 million pounds—11.7 mil- not turn their backs on fellow Ameri- grows as the economic crisis deepens. lion meals—by the end of 2007. cans in need. As individuals, Americans Across this country more Americans Congress must act swiftly to allevi- do not; as a government, we should are in need of food assistance and less ate the current food shortage. That is not. food is available. The result is hunger. why I introduced last month legisla- The economic stimulus package In the wealthiest Nation in the world, tion that would allocate $40 million in should revive the economy and reaf- people are waiting in line for a subsist- emergency assistance—$40 million is firm our bonds with each other. This ence level of food, food that runs out all. Just to put it in perspective, we are economic stimulus package is an op- too often before the lines run out. Peo- spending $3 billion a week on the war portunity to demonstrate our economic ple who live in the communities we in Iraq. We are asking for $40 million in and moral strength. Let us take that serve are facing increasing food insecu- short-term emergency funding for the opportunity. Let us act immediately to rity. In too many cases, people don’t Emergency Food Assistance Program, prevent more Americans from going to know from where their next meal will so-called TEFAP. bed hungry. come. With legislators still negotiating the The stimulus package needs to in- Increasingly, these are families with details of the farm bill, critical TEFAP clude food banks, food pantries, exten- children. Food banks in Ohio and Vir- funding, which provides food at no cost sion of unemployment compensation, ginia and Arizona and California and in to low-income Americans in need of and help for those elderly Americans the Presiding Officer’s home State of short-term hunger relief, has dried up who simply cannot pay their heating Missouri, in Colorado and every State at the worst possible time. This bill bills. in the Union are underfunded, over- will provide the funding necessary to I yield the floor. extended. The unemployed, the sick, keep food banks funding intact until The PRESIDING OFFICER. The Sen- the aged, the homeless, the mentally the farm bill is signed into law. ator from Massachusetts. ill—these are the individuals who typi- On a cold December morning about a Mr. KENNEDY. Madam President, I cally seek food banks and food pantries month ago in southeast Ohio, in the wish to commend my friend and col- for assistance. And now more working town of Logan, at 3:30 in the morning— league from Ohio for addressing this families are also being forced to seek 3:30 in the morning—people began to issue on the challenges we are facing in food assistance as factories close and line up at a food bank at the Smith terms of our economic situation here as gas prices and transportation Chapel United Methodist Church pan- in the United States. The world is prices—the cost of transportation goes try. By 8 o’clock, about 41⁄2 hours later, aware of this, as is anyone who watches up for people driving to work, wages when volunteers began distributing the early morning programs. But most stagnate, food prices go up, and daily food, the line of cars stretched for more of all, we have been seeing this develop necessities become more expensive. than a mile and a half. By early after- over a period of time, as the Senator Five years ago, the Food Bank of noon of this cold December day, more has pointed out, and it is really shock- Southeast Virginia reported serving than 2,000 residents had received food. ing to me that it has really taken this 95,000 people—95,000 people in 2002. In That is 7 percent of the local popu- long for the administration to come up 2007, that food bank served 203,000. lation in a county where people drove and develop its own program. Forty-two percent of their recipients 20 or 30 minutes to get there. Seven I join with him in urging early ac- are categorized as working poor, a pop- percent of the local population in 1 tion. We cannot delay. We cannot wait. ulation that is on the rise. day, in one church, came to this food The time is now on this issue. And I In Warren County, OH, a generally pantry for food. Just 8 years ago, that just thank him for telling us how it affluent county northeast of Cin- pantry served 17 families a month—17 was out in the State of Ohio because cinnati—the county seat is Lebanon, families a month. One December day, the conditions he has described out in which I visited last week—in that 2,000 families, that is a crisis. his State are very similar to the condi- county, 90 percent of people who go to In the Los Angeles Times yesterday, tions in my State of Massachusetts. We food pantries have jobs, 90 percent of a grateful recipient of scant food dona- will hear from many of our colleagues them are working. They are working tions said: I eat anything they give me. that they are feeling this as well. So often in part-time jobs, often in full- In the Virginia Pilot in southeast we look forward to working with him time jobs without benefits, always in Virginia yesterday, a recipient admit- and others here in the Senate and help- jobs that cannot pay their bills. ted: What I get here lasts all month. I ing to fashion this program that is ab- For many years, one of my constitu- kind of stretch it. solutely essential for the well-being of ents, Tim, and his wife donated time Of the shortages at the food banks, working families in this country. and money to Cleveland-area food Tim from Cleveland asked: How hard is I am always reminded, as the Senator banks and soup kitchens. But over it to give a can of tuna? is, that the American people who are so time, cash for Tim and his wife became In a nation as wealthy as ours, no adversely affected did not do anything tight. They stopped giving money to one who works hard for a lifetime—as wrong. They have been working hard, the food bank; they continued to do- most of these people who have gone to playing by the rules, and trying to pro- nate their time to the food bank. This food banks do and have worked a life- vide for their families. The responsi- year, after months of rationing food in time to provide for their families, to bility to do something about it is right their own household, Tim and his wife get along, try to join the middle class— here with the administration and with were forced to use the food bank them- no one who works hard for a lifetime the Congress. So many Americans’ selves. It took great humility, Tim re- should ever have to make statements lives have been turned upside down, in calls. Tim says he used to be middle like those statements. many respects shattered. It adds a very class, but he does not see himself as This is a national crisis. In a fal- special responsibility for all of us. So I middle class anymore. He says his tering economy, more people descend thank him for his very useful and im- wages have not kept pace with subsist- into crisis. It is inevitable. The need portant contribution.

VerDate Mar 15 2010 22:12 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JA8.REC S22JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S50 CONGRESSIONAL RECORD — SENATE January 22, 2008 In recent weeks, the headlines have We need a simple, effective plan to have in terms of unemployment. No been filled with bad economic news. stimulate the economy and also put matter what we do in terms of stimu- Two weeks ago, it was an alarming in- back in workers’ pockets resources and lating the economy—we have to stimu- crease in the unemployment rate. Last money to give them the support they late the economy—we also have to be week, it was rising prices for basic es- need to weather the storm. This plan mindful that we are going to have sig- sentials such as food and gasoline. should be built on one fundamental nificant unemployment even in the Week after week, there is more bad principle: People do not work for the outyear of 2009 as Goldman Sachs has housing news. Foreclosures are sky- economy; the economy should work for predicted. We have both challenges, the rocketing. Bankruptcies are rising. the people. If we want an economic re- economy and the fact that people are Yesterday, the Washington Post dis- covery that works, if we want real op- going to be unemployed. cussed challenges facing the more than portunities and sustainable growth, To help these unemployed men and 1.3 million Americans who have been that effort must start and end with women weather the storm we need to actively looking for a job for more working families. extend unemployment benefits and ex- than 6 months—for more than 6 months Putting people first means targeting pand access to benefits. As workers, without success. It is a tragic tale. Col- our stimulus efforts to meet three es- they have paid into the system and lege-educated professionals and people sential goals. they deserve help when they need it. who have worked for decades are now First, we must act quickly to provide We should also provide transitional forced to drain their retirement ac- immediate help for those in crisis. The health care assistance. People who re- counts and rely on charity to make declining economy may be a current ceive unemployment compensation ends meet. It seems that every day issue in the newspapers, but working have paid into the fund. The problem there is new information showing that families have been suffering for some now is many of them, even though they the economy is headed in the wrong di- time; 7.7 million Americans are already paid into the fund, are unable to ben- rection, that no one will be spared. unemployed. There have been almost 2 efit from it. That is wrong. We should These are not statistical trends or in- million foreclosure filings in the last address that. We have legislation to do dicators. Every bad number reflects a so. It passed the House of Representa- year alone, including 225,000 last real hardship in real people’s lives. tives, and we should pass it as part of month. The number of families facing When food prices increase by 5 percent, a stimulus program at the present bankruptcy has risen by 40 percent in that means average families will pay time. the past year. For these Americans, over $400 more next year to put meals Most importantly, we should do more the recession is already here, and they on the table. When the unemployment to help unemployed workers find good need help now to get back on their feet. rate rises 1.5 percent, it pushes a typ- jobs they are seeking. We have open Second, we must do the most for ical family’s wages down $2,400. Each jobs, 93,000 in Massachusetts alone. We those who need help the most. Tar- higher cost or lower paycheck adds up certainly have jobs that are available, geting families at the very bottom of to big problems for working Ameri- and we have more than 178,000 unem- the economic ladder is essential be- cans. Parents are giving up time with ployed workers. So we have the jobs cause it also provides the biggest eco- their families to work longer hours or that are available, and we have the un- nomic boost. Every dollar a low-in- take a second job. Employees are employed workers. What is missing? struggling with credit card debt and come household receives is spent on Training programs. How many appli- skyrocketing interest rates. Young basic needs, putting money back into cants do we have for every training couples are losing their first homes be- the local economy right away. In re- program? We have 21 applicants for cause they cannot pay the mortgage, gions with many struggling families, every training program. We have good and parents are pulling their children such spending is critical to help keep jobs with good benefits, and we have out of college because they cannot pay entire communities afloat. the people who want them. The only the bills. For these families, a reces- Finally, we must find solutions that ingredient missing is training, and sion is not just part of the business will make a real difference in people’s these workers want the training. They cycle; it is a life-changing event from lives. It is not enough just to tinker at will sacrifice for training. But they which they may never fully recover. the margins. Our economic problems haven’t got it because we have cut I have heard from many in Massachu- are getting worse every day, and we back on training programs in recent setts who are struggling in these tough need a strong medicine to make things years. We ought to be able to address times. There is Teresa in Everett. She right. those issues, and we ought to do it now. is a single mom with three children There are a number of short-term It is not just those who have lost aged 10, 6, and 3. She is proud that she steps we can take to achieve these their jobs and are facing a crisis. Mil- has worked her way out of welfare, but goals and restore hope and opportunity lions more families are living on the her life as a working mother is increas- to families across the country. They brink of disaster because they are ingly hard. Her bills are out of control, are simple. They build on existing pro- struggling to pay bills. Since President and each day she is faced with impos- grams. They are effective. We should Bush took office, the cost of health in- sible decisions: Do I feed myself or feed pass them, and we should pass them surance has risen 38 percent. Housing my children? Can I turn on the heat or now. prices are up 39 percent. A tank of gas just put on an extra layer of clothing For workers who are struggling to is up 78 percent; tuition, 43 percent; and try to get by? In Teresa’s house- find a job, we must support them in the and wages are stagnant, up 6 percent. hold, a $4 gallon of milk has become a difficult process of finding work. It be- This is the pressure families are feeling luxury she cannot afford. comes harder and harder to find a good today, a sense of insecurity. Teresa’s family is not alone. A loom- job in today’s economy. The Nation is Security is an issue that is of major ing crisis is now facing tens of millions enduring profound changes as we adapt importance and consequence to fami- of American families. Economists to the global economy. Entire indus- lies. They are concerned about security across the spectrum, from former tries are disappearing, leaving workers overseas. They are concerned about Treasury Secretary Larry Summers to and communities devastated in their homeland security. But they are also Federal Reserve Chairman Ben wake. Madam President, 1.3 million concerned about job security and Bernanke, and even President Bush workers have been getting up early health security and education security. himself, all agree that we are facing every morning, day in and day out, They are also concerned about energy tough times to come and the Govern- looking for a job for more than 6 security. They are concerned about ment must act. months. That number will only rise as their long-term security, what is going But even more importantly than ad- the recession deepens. Just last week, to happen to pensions, as they see the vice from these noted scholars is the Goldman Sachs economists predicted safety net for pensions increasingly clear message of the American people. that the unemployment rate would fragmented. They are concerned about They are struggling. They need our reach 6.5 percent by the beginning of unemployment insurance security as help now. They elected us to make 2009 compared to 5 percent today. they have seen that safety net frag- their lives and their children’s lives This is a dual challenge. We now have ment. They are deeply concerned. They better, and now is the time. projections about what we are going to are all worried deeply about it.

VerDate Mar 15 2010 22:12 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JA8.REC S22JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 22, 2008 CONGRESSIONAL RECORD — SENATE S51 It is interesting. I don’t know how pens. They make a judgment about Finally, I want to review a few of the many times during the course of the whether they are going to pay the fuel charts I have that spell out exactly debate on the stimulus that we will or pay the mortgage. With children in where we are globally on this issue. take a moment and think of what is the picture, they pay their fuel and Americans are deeply anxious about the cost of the anxiety that these fami- they end up losing their home. So the the economy. In a survey from just two lies have, when they are worried pri- fact that they don’t get maybe 100 gal- weeks ago, Madam President, 61 per- marily about their children or grand- lons, 200 gallons, 300 gallons of oil cent of Americans say the condition of parents. That doesn’t appear on the means they lose their home. the economy is bad; one in five think bottom line of any sheet we will have The cost in Massachusetts of pro- things are very bad. This is an indica- on the floor of the Senate, but it is out viding services to a homeless family tion of the attitude of the American there and being felt now, and it is very can be thousands of dollars a year. You people. Here is one of the reasons. real. We ought to understand that— can provide the oil for a fraction of We see a significant increase in the real anxiety, real frustration, real suf- that and keep people in their homes. unemployment rate in December, going fering, real worry every day, every These are the kinds of things that to 5 percent. Among unemployed work- night, primarily by parents as they are make a difference. We should give ers, 17.5 percent are long-term unem- concerned about their children. They focus and attention to them. ployed. If you look at 2001 as we ap- worry about their loved ones and their In our hearing this last week, I heard proached the last recession, it was only from Margaret Gilliam who takes care families, immediate family, and less 11 percent. Now it is 17.5 percent, up 55 of her grandchildren in Dorchester and about themselves. They worry about percent. These are individuals who are has already spent more on heating oil others. We have the ability to deal out there, workers who want a job and this heating season than she did all of with that, and we must. have been spending month after month last year. We still have many weeks of We need a boost in basic support pro- after month looking for one, unable to cold weather ahead, and she wonders grams to help working families cope get a job. That has a devastating im- what is going to happen to her grand- with the relentless pressure of every- pact, particularly when you terminate children and to her home. Diane Colby, day life during this time. This means the unemployment compensation for a single mother of two in Lynn, MA, expanding home heating assistance. A them which these individuals should be keeps the thermostat at only 62 de- typical household may have to spend as grees to stretch out the heating oil as eligible to receive and which they have much as $3,000 on heating oil this win- long as possible. She has to sit down paid into. ter, probably closer to $4,000 in Massa- This shows the prediction from and decide which bills get paid and chusetts. Fuel assistance will cover economists that unemployment will which don’t. Otherwise she can’t afford less than a third of these costs. Of the skyrocket next year. We heard this in to keep the heat on. We must ensure 35 million households eligible for fuel testimony in the Joint Economic Com- that these families have the help they assistance nationwide, only 5 million mittee hearing last week. Assuming we need through the winter. This is part of receive such benefits. Six of seven fam- have a stimulus program, they say the the challenge we are facing. ilies in need receive no help at all be- In the proposals we have had from economy can improve, but even with cause the States run out of funds. the President, we find that he proposes the economy improving, we are going Last week, the White House released a tax break and a stimulus program to have a continued increase in the $450 million in emergency assistance to that would completely leave out the numbers of unemployed. That is some- States across the Nation, including $27 poorest Americans. That is bad policy. thing we have to be aware of. million for Massachusetts. The reality Not only are low-income families the We still have job openings that are is, when oil prices are surging past ones who suffer most in a recession, here, but nearly 8 million unemployed $3.30 per gallon, and households will helping them is the best way to be cer- workers competing for 4 million jobs. need at least 800 gallons of heating oil tain that any stimulus goes directly It is a real problem. Not being able to this winter, it is just not enough. into the economy and benefits our get these jobs is a result of administra- Bob Coard of Action for Boston Com- country the most. We can’t keep re- tion cuts to training programs all of munity Development, one of the larg- peating the mistakes of the past. Any these years. This is a pretty good indi- est community action agencies in the tax rebate we pass now should be for cator of what happens with the limita- Northeast, says the emergency funds everyone so that everyone can get back tions. will barely cover enough to make a 100- on their feet. The President’s tax cuts Americans cannot access job training gallon delivery to ABCD clients, and for business are ill-advised. Past expe- programs. Opportunities are limited for the 100-gallon delivery will cost about rience shows that such corporate tax workers to improve their skills. In $300 and will provide a family with heat breaks do not provide an effective Massachusetts alone, as I mentioned, for about 2 to 3 weeks. Talk about stimulus. The problem with our econ- for every available slot in a job train- something that will have a direct im- omy today is a lack of demand, not of ing program, there are 21 workers on a pact. A week ago Massachusetts was capacity. Businesses will not produce waiting list. I have in the Chamber a notified that it was going to receive ap- more until they know that customers picture of workers waiting on a waiting proximately $30 million, and they were, are ready to buy. That is extremely im- list. These people want to work. They within a 2-week period, able to get the portant. want to provide for their families. oil tankers up to find those who are eli- We heard at our Joint Economic They have the skills, the training pro- gible for that program to deliver 100 Committee hearing economists talk grams to be able to get the job done, gallons of fuel oil to needy families. about the lack of demand, not a lack of but they cannot afford that. We have That will only last 2 weeks. It is out capacity. Since there is a lack of de- had training programs, the kind the there. We know what the need is. We mand, it doesn’t make a lot of sense to administration has cut back. Last know what these individuals suffer. So increase capacity if there is not de- year, it was close to half a billion dol- we can do things that can have an im- mand for it. Yet that is what the ad- lars. mediate impact. Certainly this is ministration is attempting to do. This chart shows what has been hap- something to which we should be at- Personal tax cuts targeting middle- pening with the unemployment rate. It tentive. and low-income families and funding has been going steadily up. High unem- The people who are receiving this boosts for programs such as unemploy- ployment drives down wages. A 1.5-per- fuel assistance are in danger of this ment insurance and food stamps are a cent increase in the unemployment perfect storm that we refer to in New better stimulus than business tax cuts rate would decrease the average fam- England where they have extraor- because they encourage consumers to ily’s income by $2,400 because of the dinary increases in prices generally. start spending. The economy is at a downward pressure it puts on wages. So One part of the storm is an increase in crossroads, and we must act carefully for every family—we know from Gold- the cost of fuel oil to heat their homes. to choose the right path for the future. man Sachs; this is not our estimate, we A second part is their ability to afford I am confident we can do that. I am have it from financial institutions— to pay their mortgage. If they cannot certain we must do it to get America economic indicators indicate we are pay the mortgage, this is what hap- back on track. still going to have high unemployment.

VerDate Mar 15 2010 22:12 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JA8.REC S22JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S52 CONGRESSIONAL RECORD — SENATE January 22, 2008 What that means is a real reduction for The final chart I will put up is that The PRESIDING OFFICER. The average working families in their pur- in looking at the stimulus program we clerk will call the roll. chasing power by $2,400. That is what is ought to look at what gets the biggest The legislative clerk proceeded to going on. bang for the buck. Targeted stimulus call the roll. We have seen what is happening as to programs deliver far more bang for the Mr. DORGAN. Mr. President, I ask the kinds of products that families are buck. As to unemployment benefits, for unanimous consent that the order for used to purchasing. The price of food is every $1 we invest, there is $1.73 in eco- the quorum call be rescinded. rising far faster than the rate of infla- nomic growth; for aid to the States, The PRESIDING OFFICER. Without tion. We have milk going up 16 percent, $1.24; for income taxes, it is only 59 objection, it is so ordered. eggs going up 78 percent, and beef cents. These are the areas the adminis- Mr. DORGAN. Mr. President, we have going up some 13 percent. tration is talking about: business had a lot of discussion and debate In our part of the country, still, write-offs, 24 cents; capital gains tax today about the Indian Health Care Im- about 75 percent of all the homes are cuts, 9 cents. provement Act. We, on behalf of myself heated with home heating oil. Look If we are going to pass a stimulus and Senator MURKOWSKI, sent the sub- what has happened. There has been a package—which we should do—let’s stitute to the desk. The substitute is 40-percent increase in the cost of home look at the areas that will have the something we worked on that amends heating oil since last year. And a great greatest impact, the greatest stimulus and changes somewhat what we had many of our people in my part of the that will help the working families of originally moved out of the committee. country who own their homes are liv- this country in the most meaningful We have refined it, improved it, and ing on fixed incomes. They are getting way. That is what we should do. That changed it a bit. The substitute was this kind of increase. Social Security, is what should be the first order of agreed to by Senator MURKOWSKI and for the average person, went up only 2.3 business in the Senate. I hope we will myself and other Senators with whom percent from last year. But here we get about the business of helping work- we have worked. So we have made have a 40-percent increase in the cost ing families in America. some progress by laying down the sub- of home heating oil, and it has been a I yield the floor and suggest the ab- stitute which perfects this bill. We cold winter. sence of a quorum. have a number of amendments pending. So these charts indicate, in different The PRESIDING OFFICER (Mr. What I would ask—and so would Sen- ways, how the average family is facing CARDIN). The clerk will call the roll of ator MURKOWSKI—is if there are others more and more difficulties. Too many the Senate. who have amendments to this bill, they middle-class families could not pay the The assistant legislative clerk pro- come to the floor and offer them. We essential expenses in the event of a job ceeded to call the roll. want to finish this piece of legislation. loss or other financial hardship. Sev- Mr. DORGAN. Mr. President, I ask It is not as if we haven’t had a lot of enty-seven percent of middle-class fam- unanimous consent that the order for discussion and debate. We have pretty ilies do not have enough assets to pay the quorum call be rescinded. much filled the time today. But we do the essential expenses for 3 months. The PRESIDING OFFICER. Without want additional amendments to be of- What is happening is many people are objection, it is so ordered. fered. What we would like to see is if relying on their credit cards to do it, Mr. DORGAN. Mr. President, I ask those Senators who have amendments and then they are unable to meet their unanimous consent that the pending would contact us, we could schedule ends with their credit cards. That di- amendment be set aside. them and hopefully we can get some rectly affects their credit standing for The PRESIDING OFFICER. Without time agreements, so when we finish the rest of their lives—under the last objection, it is so ordered. this evening and come back on this bankruptcy bill we passed here, which AMENDMENT NO. 3899 bill, we could get a list of amendments, was such an unfortunate action that we (Purpose: To provide a complete substitute.) work through those amendments and took in the Senate. Mr. DORGAN. Mr. President, I have a finish the bill and send it along to the We find out parents are listing credit substitute at the desk and ask for its cards in the names of their children— House. Because there is an urgency consideration. young children—in order to be able to here. The PRESIDING OFFICER. The There are some things we do that are heat their homes. It is affecting so clerk will report the amendment. many hard-working Americans who are not particularly urgent. I understand The assistant legislative clerk read that. If anyone thinks the issue of In- facing that whammy—the fact they are as follows: in danger of losing their homes because dian health care is not urgent, I urge The Senator from North Dakota [Mr. DOR- them to go to the nearest Indian res- of the mortgage challenge. They can- GAN] for himself, Ms. MURKOWSKI, Mr. BAU- not afford heating oil, and then they ervation and have a visit about what is CUS, Mr. KENNEDY, Mr. SMITH, Mr. NELSON of happening with respect to the Indian find out, when they resort to using Nebraska, and Mr. SALAZAR, proposes an credit cards, they lose all of their po- amendment numbered 3899. Health Service. I know there are a lot of good people working in the Indian tential for credit for years to come. (The amendment is printed in today’s Health Service, but I am telling you, This chart is a reflection of what is RECORD under ‘‘Text of Amendments.’’) go sit and listen for awhile, listen to a happening with people losing their Mr. DORGAN. Mr. President, I ask discussion about what happens when homes. Foreclosures have gone up 181 unanimous consent that the amend- you ration health care, when health percent from 2005. Millions of Amer- ments previously considered be con- care is not a right and not only not a ican families face losing their homes. formed to the substitute I have just of- right but when health care is abso- Make no mistake about it, many who fered. lose their homes have in the past paid The PRESIDING OFFICER. Without lutely rationed. There are people their mortgages each month, and yet objection, it is so ordered. dying. There are people living in pain. now they lose their home. We have to Mr. DORGAN. Mr. President, I sug- There are people who don’t have access ask: What are we going to do about it? gest the absence of a quorum. to any kind of health care facility. Just a final two points I will make. I withhold that suggestion. There are people who are having emer- There has been a 40-percent increase in The PRESIDING OFFICER. The as- gencies at 5 in the afternoon, when bankruptcies. This is a result of the sistant majority leader is recognized. their local clinic closed their doors at kind of economic squeeze these fami- Mr. DURBIN. Mr. President, I ask 4, and they are 100 miles from the near- lies have been under. There has been a unanimous consent to speak as in est hospital. That is what is happening 40-percent increase in bankruptcies. morning business for 5 minutes. on Indian reservations across this With the way that last bankruptcy act The PRESIDING OFFICER. Without country. was enacted, they will find out, once objection, it is so ordered. We have a responsibility, a trust re- the hooks get into these families, they (The remarks of Mr. DURBIN are sponsibility to provide for that health will never get free from them. Families printed in today’s RECORD under care. The Congress, this country has are going to be indebted for a very con- ‘‘Morning Business.’’) not owned up to that responsibility, siderable period of time. That is now Mr. DURBIN. I suggest the absence of and we must. That is why we have happening to working Americans. a quorum. brought this bill to the floor of the

VerDate Mar 15 2010 22:12 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JA8.REC S22JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 22, 2008 CONGRESSIONAL RECORD — SENATE S53 Senate, and I am hoping very much for tional Guard, and Reserve members, I remain disappointed by the admin- the cooperation of my colleagues. Let’s from the military to the Veterans Ad- istration’s failure to work with us to complete the amendments, raise them ministration or to civilian life. It will address this provision until after the with us, let us work with you on get- require the use of a single medical ex- bill had passed both Houses of Congress ting them up and getting votes on amination where appropriate, and re- and was sent to the President for sig- them so we can at least indicate our quire and fund the establishment of nature. It does not serve anybody’s in- support to do what we are required to centers of excellence for the signature terest when we fail to address issues do as American citizens: honor our wounds of the wars in Iraq and Afghan- like this in a timely manner. The veto treaties, meet our trust responsibil- istan—post-traumatic stress disorder of the National Defense Authorization ities, and keep the promises we have and traumatic brain injury. Act sent the wrong message to our sol- made to the first Americans. To improve the disability evaluation diers, sailors, airmen and marines at a system, the bill will require the mili- UNANIMOUS CONSENT AGREEMENT—H.R. 4986 time when many of them are risking tary departments to use VA standards Mr. DORGAN. Mr. President, I ask their lives on a daily basis in Iraq, Af- when making disability determina- unanimous consent that at 5:30 p.m. ghanistan, and elsewhere. tions, authorizing deviation from these today, the Senate proceed to the imme- I am pleased that we have been able standards only when it will result in a diate consideration of H.R. 4986, the to work out language to address the higher disability rating for the service administration’s concerns on a bi- Department of Defense authorization, member, and will require the services with no amendments in order to the cameral and bipartisan basis. The bill to take into account all medical condi- that is before us today contains modi- bill; that the bill be read a third time, tions that render a member unfit for and without further action, the Senate fications that have been agreed upon duty. by the White House and by the bipar- proceed to vote on passage; that upon The bill will also increase the sever- tisan leadership of the House and Sen- passage, the motion to reconsider be ance pay for military personnel who ate Armed Services Committee. I un- laid upon the table. are separated for medical disability derstand that these changes are also The PRESIDING OFFICER. Is there with a disability rating of less than 30 acceptable to Senator Lautenberg and objection? percent and will eliminate the require- Without objection, it is so ordered. ment that this severance pay be de- other Members who worked with him Mr. DORGAN. Mr. President, I yield ducted from VA disability compensa- to put together the provision in the the floor and I make a point of order tion for disabilities incurred in a com- earlier bill. Let me briefly explain the White that a quorum is not present. bat zone or combat-related operation. The PRESIDING OFFICER. The The bill also includes essential man- House’s problem, and how we have ad- clerk will call the roll. agement reforms for the Department of dressed it. Section 1083 of the bill clarifies the The legislative clerk proceeded to Defense, including the Acquisition Im- call the roll. provement and Accountability Act of law that permits U.S. nationals and Mr. LEVIN. Mr. President, I ask 2007. Some of the reforms included are: members of the U.S. Armed Forces who unanimous consent that the order for establishment of a defense acquisition are victims of terrorist acts to sue the quorum call be rescinded. workforce development fund to ensure state sponsors of terrorism for damages The PRESIDING OFFICER. Without that DOD has the people and the skills resulting from terrorist acts in the objection, it is so ordered. needed to effectively manage its con- U.S. courts. The provision also f tracts; strengthening of statutory pro- strengthens mechanisms to ensure that tections for contractor employees who victims of terrorism can collect on NATIONAL DEFENSE their judgments against such State AUTHORIZATION ACT blow the whistle on waste, fraud, and abuse in DOD contracts; and tightening sponsors of terrorism. U.S. courts have Mr. LEVIN. Mr. President, in a few of the rules for DOD acquisition of previously entered such judgments moments we are going to vote on the major weapons systems and sub- against Iran, Libya, and Saddam Hus- Defense Authorization Act for fiscal systems, components and spare parts sein’s Iraq. year 2008. to reduce the risk of contract over- After the bill was passed and sent to The bill before us today is the same pricing, cost overruns, and failure to the President for signature, the admin- bill we passed by a 90-to-3 vote a little meet contract schedules and perform- istration informed us that Iraq cur- more than a month ago, except for ance requirements. These and other rently has more than $25 billion of as- minor changes. provisions should go a long way toward sets in this country that could be tied This bill will provide essential pay addressing the contracting waste, fraud up in litigation if section 1083 were en- and benefits for our men and women in and abuse that we have seen altogether acted into law and that such restric- uniform. It includes a 3.5-percent pay too frequently in recent years. tions on Iraq’s funds could take raise for the troops. Our legislation will also address a months to lift. The White House stated It includes the Wounded Warrior Act, major failure in Iraq—the failure to ex- that restrictions on Iraqi funds would the greatest reform in the law relative ercise control over private security interfere with political and economic to medical care for our troops in more contractors. It will require for the first progress in Iraq and undermine our re- than a decade. It will address the sub- time that private security contractors lations with Iraq. standard living conditions, poor out- hired by the State Department and We have addressed these concerns patient care and bureaucratic road- other Federal agencies to work in a with new language which authorizes blocks and delays faced by injured sol- war zone comply with directives and the President to waive the applica- diers. These provisions will dramati- orders issued by our military com- bility of section 1083 to Iraq, if he de- cally improve the management of med- manders as well as with DOD regula- termines that a waiver is in the na- ical care, disability evaluations, per- tions. tional security interest of the United sonnel actions, and the quality of life On December 17, 2007, we sent the de- States; that the waiver will promote for service members recovering from fense authorization act to the Presi- Iraqi reconstruction, the consolidation illness or injuries incurred while per- dent for his signature. The following of democracy in Iraq, and U.S. rela- forming their military duties and begin weekend, the White House staff noti- tions with Iraq; and that Iraq con- the process of fundamental reform of fied us that they had identified a prob- tinues to be a reliable ally of the DOD and VA disability evaluation sys- lem with one provision that would lead United States and a partner in com- tems. the President to veto the bill. While bating international terrorism. The Wounded Warrior Act will re- the administration had previously ex- The revised language also expresses quire the Secretary of Defense and the pressed concerns about this provision, the sense of Congress that the Presi- Secretary of Veterans Affairs to work no administration official had ever in- dent, acting through the Secretary of together to develop a comprehensive dicated that the President would con- State, should work with the Govern- policy on the care, management, and sider a veto. Quite the opposite, this ment of Iraq on a state-to-state basis transition of severely injured service provision was not on the list of poten- to ensure compensation for any meri- members, including Active Duty, Na- tial veto-causing problems. torious claims based on terrorist acts

VerDate Mar 15 2010 22:12 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JA8.REC S22JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S54 CONGRESSIONAL RECORD — SENATE January 22, 2008 committed by the Saddam Hussein re- conference report that the Senate over- believe that while a democratic, stable, gime that cannot be addressed in the whelmingly passed last month. It is my and prosperous Afghanistan is impor- U.S. courts due to a Presidential waiv- hope that the bill will receive similar tant to the national security of the er. support when we vote on it again later United States and to combating inter- We expect that the Department of today. national terrorism, I am concerned State will actively pursue such com- f that we are not achieving all of our pensation from Iraq. goals there. The United States has pro- As one of the authors of the new sec- NATIONAL DEFENSE AUTHORIZA- vided Afghanistan with over $20 billion tion 1083, I want to assure the Senate TION ACT FOR FISCAL YEAR 2008 in reconstruction and security assist- that the new language authorizes the The PRESIDING OFFICER. The ance. However, repeated and docu- waiver of section 1083, only as it ap- clerk will state the bill by title. mented incidents of waste, fraud, and plies to Iraq. The new subsection (d), The legislative clerk read as follows: abuse in the utilization of these funds which we have added to the bill, speci- A bill (H.R. 4986) to provide for the enact- have undermined reconstruction ef- fies that the President may waive any ment of the National Defense Authorization forts. I therefore believe that there is a provision of section 1083 ‘‘with respect Act for fiscal year 2008, and for other pur- critical need for vigorous oversight of to Iraq’’ and not with regard to any poses. spending by the United States on re- other country. We explicitly reaffirm Mr. FEINGOLD. Mr. President, I op- construction programs and projects in in this bill that other cases against pose the fiscal year 2008 Defense au- Afghanistan. state sponsors of terrorism, including thorization bill because it authorizes I would like to emphasize that the both Iran and Libya, may proceed to $189.5 billion for the war in Iraq but Government Accountability Office and judgment and collection under section does nothing to end the President’s the departmental Inspectors general 1083, unaffected by any Presidential misguided, open-ended Iraq policy. have provided valuable information on waiver. That policy has overburdened our mili- these activities. However, I believe Over the last 2 weeks, concerns have tary, weakened our national security, that the congressional oversight proc- been expressed about the possible im- diminished our international credi- ess requires more timely oversight and pact of this provision on innocent third bility, and cost the lives of thousands reporting of reconstruction activities parties entering joint ventures with of brave American soldiers. in Afghanistan. Oversight by this new Libya or Iran. The concern was that There are certain provisions of the Special Inspector General would en- these companies would find their own bill that I support strongly, including a compass the activities of the Depart- property seized to satisfy judgments pay raise for military personnel, Sen- ment of State, the Department of De- against those countries. Our language ator WEBB’s amendment creating a fense, and the U.S. Agency for Inter- does not allow for that result, because Commission on Wartime Contracting national Development, as well as other that is not our intent. This is not a to examine waste, fraud, and abuse in relevant agencies. It would highlight new issue: the question has been raised Iraq and Afghanistan, and Senator specific acts of waste, fraud, and abuse, as well as other managerial failures in by the language of the Lautenberg LAUTENBERG’s amendment to create a our assistance programs that need to amendment ever since it was first ap- Special Investigator General for Af- ghanistan Reconstruction. be addressed. proved by the Senate last fall. This new position will monitor U.S. We specifically addressed the prob- But on balance, I cannot vote to sup- assistance to Afghanistan in the civil- lem of joint ventures in our conference port a bill that defies the will of so ian and security sectors, as well as in on the Defense authorization bill, pre- many Wisconsinites—and so many the counternarcotics arena, and will viously approved by the Congress. We Americans—by allowing the President help both Congress and the American added language to the bill making it to continue one of the worst foreign people better understand the chal- policy mistakes in the history of our clear that the courts are authorized to lenges facing U.S. programs and Nation. compensate victim of state-sponsored projects in that country. I am pleased Mr. LAUTENBERG. Mr. President, I terrorism out of Libya’s—or other that this provision has been included in rise to applaud the chairman and rank- states’—assets, while separating and this final bill. shielding the assets of companies en- ing members of the Senate Armed Second, this bill includes my legisla- gaged in joint ventures with those Services Committee, Senators LEVIN tion to provide justice for victims of States. In the accompanying statement and MCCAIN, respectively, on passage of state-sponsored terrorism, which has of managers, we specifically urged the the National Defense Authorization strong bipartisan support. I believe courts to make use of this authority. Act for fiscal year 2008. this legislation is essential to pro- This language was the strongest action Specifically, I would like to express viding justice to those who have suf- that we could take to protect innocent my gratitude to the bill conferees for fered at the hands of terrorists and is third parties without also shielding the their inclusion of four amendments an important tool designed to deter fu- offending governments from liability that I authored and which were unani- ture state-sponsored terrorism. The ex- for their own actions. mously adopted by the Senate during isting law passed by Congress in 1996 We have included a provision to en- its initial consideration of this bill. has been weakened by recent judicial sure that the statement of managers These provisions will increase over- decisions. This legislation fixes these on our previous conference report will sight of our country’s economic and se- problems. apply to this new bill in this and all re- curity assistance to Afghanistan by In 1996, Congress created the ‘‘state gards. creating a Special Inspector General sponsored terrorism exception’’ to the Outside of the modification of sec- for Afghanistan Reconstruction, sec- Foreign Sovereign Immunities Act, tion 1083, the bill remains virtually un- tion 1229; help victims of state spon- FSIA. This exception allows victims of changed. We have, however, taken sored terrorism to achieve justice terrorism to sue those nations des- steps to ensure our men and women in through the U.S. courts, section 1083; ignated as state sponsors of terrorism uniform will not lose a penny as a re- prevent military health care fees by the Department of State for ter- sult of the delayed enactment of this through the TRICARE program from rorist acts they commit or for which bill. Toward that end, we have revised rising, sections 701 and 702; and in- they provide material support. Con- a number of provisions in the bill to crease accountability and planning for gress subsequently passed the Flatow make pay increases and bonus provi- safety and security at the Warren Amendment to the FSIA, which allows sions retroactive to January 1 and Grove Gunnery Range in New Jersey, victims of terrorism to seek meaning- avoid any gap in these authorities. section 359. ful damages, such as punitive damages, These changes have been worked out First, I was proud to be joined by my from state sponsors of terrorism for with the Department of Defense and cosponsors, Senators COBURN, DODD, the horrific acts of terrorist murder agreed to by the two Armed Services HAGEL, FEINGOLD, WEBB, and MCCAS- and injury committed or supported by Committees on a bipartisan basis. KILL, in creating a Special Inspector them. Other than these few changes, the General for Afghanistan Reconstruc- Congress’s original intent behind the bill before us today is identical to the tion. I wrote this legislation because I 1996 legislation has been muddied by

VerDate Mar 15 2010 22:12 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JA8.REC S22JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 22, 2008 CONGRESSIONAL RECORD — SENATE S55 numerous court decisions. For exam- Jamahiriya, the court interpreted the justice for victims of state-sponsored ple, the courts decided in Cicippio- statute to begin to run at the time of terrorism be amended. The President Puleo v. Islamic Republic of Iran that the attack, contrary to our intent. It chose to take this extraordinary action there is no private right of action was our intent to provide a 10-year pe- without warning after asserting that against foreign governments—as op- riod from the date of enactment of the he had not been aware of the provi- posed to individuals—under the Flatow legislation for all acts that had oc- sion’s potential impact on the Govern- Amendment. Since this decision, curred at anytime prior to its passage ment of Iraq. The President contended judges have been prevented from apply- in 1996. We also intended to provide a that this provision would hinder Iraqi ing a uniform damages standard to all period of 10 years from the time of any reconstruction by exposing the current victims in a single case because a vic- attack which might occur after 1996. Iraqi government to liability for ter- tim’s right to pursue an action against My provision clarifies this intent. rorist acts committed by Saddam Hus- a foreign government depends upon My provision also addresses the prob- sein’s government and vetoed the en- State law. My provision in this bill lems that arose from overly mecha- tire Defense Authorization bill on that fixes this problem by reaffirming the nistic interpretations of the 1996 legis- basis. private right of action under the lation. For example, in several cases, To address the President’s concerns Flatow Amendment against the foreign such as Certain Underwriters v. Social- that the Government of Iraq could be state sponsors of terrorism themselves. ist People’s Libyan Arab Jamahiriya, made liable, the revised provision My provision in this bill also address- courts have prevented victims from grants the President the authority to es a part of the law which until now pursuing claims for collateral property waive the terror victim’s provision has granted foreign states an unusual damage sustained in terrorist attacks only for cases in which Iraq or its agen- procedural advantage. As a general directed against U.S. citizens. My new cies, instrumentalities, or govern- rule, interim court orders cannot be provision fixes this problem by cre- mental actors are named defendants. appealed until the court has reached a ating an explicit cause of action for The provision does not give the Presi- final disposition on the case as a whole. these kinds of property owners, or dent the authority to waive any part of However, foreign states have abused a their insurers, against state sponsors the provision for any case in which a narrow exception to this bar on in- of terrorism. government, its agencies, instrumen- terim appeals—the collateral order Finally, in several cases the courts talities, or governmental actors are doctrine—to delay justice for, and the have prevented non-U.S. nationals who named defendants other than Iraq. resolution of, victim’s suits. In Bee- work for the U.S. Government and By insisting on being given the power cham v. Socialist People’s Libyan Arab were injured in a terrorist attack dur- to waive application of this new law to Jamahiriya, Libya has delayed the ing their official duties from pursuing Iraq, the President seeks to prevent claims of dead and injured U.S. service claims for their personal injuries. My victims of past Iraqi terrorism—for personnel who were off duty when at- provision fixes this inequity by cre- acts committed by Saddam Hussein— tacked by Libyan agents at the Labelle ating an explicit cause of action for from achieving the same justice as vic- Discothe`que in Berlin in 1986. These non-U.S. nationals who were either tims of other countries. Fortunately, delays have lasted for many years, as working as an employee of the U.S. the President will not have authority the Libyans have taken or threatened Government or working pursuant to a to waive the provision’s application to to take frivolous collateral order doc- U.S. Government contract. terrorist acts committed by Iran and trine appeals whenever possible. My I also want to make special mention Libya, among others. In addition, my new provision in- provision will eliminate the ability of of the inspiration for this new legisla- cludes a Sense of the Congress that the state sponsors of terrorism to utilize tion. On October 23, 1983, the Battalion Secretary of State should work with the collateral order doctrine. My legis- Landing Team headquarters building in Iraq, on a state-to-state basis, to re- the Marine Amphibious Unit compound lation sends a clear and unequivocal solve the meritorious claims made at the Beirut International Airport was message to Libya. Its refusal to act in against Iraq by terror victims. It is destroyed by a terrorist bomb killing good faith will no longer be tolerated crucial that the victims of these ter- 241 marines, sailors, and soldiers who by Congress. rorist acts be included in such discus- Another purpose of my provision is were present in Lebanon on a peace- sions. Their approval of agreements to facilitate victims’ collection of their keeping mission. In a case known as made between the two governments on damages from state sponsors of ter- Peterson v. the Islamic Republic of their behalf is critical to ensuring that rorism. The misapplication of the Iran, filed on behalf of many of the ma- justice is served. ‘‘Bancec doctrine,’’ named for the Su- rine victims and their families, the Third, this Defense authorization bill preme Court’s decision in First Na- U.S. District Court ruled in 2003 that includes my provision to prevent pro- tional City Bank v. Banco Para El the terrorist organization Hezbollah posed increases in enrollment fees, pre- Comercio Exterior de Cuba, has in the was funded by, directed by, and relied miums, and pharmacy copayments for past erroneously protected the assets upon the Islamic Republic of Iran and TRICARE, the military community’s of terrorist states from attachment or its Ministry of Information and Secu- health plan. The principal coauthor of collection. For example, in Flatow v. rity to carry out that heinous attack. this provision is Senator HAGEL. Bank Saderat Iran, the Flatow family The judge presiding over this case, Both career members of the uni- attempted to attach an asset owned by Judge Royce Lamberth, referred to this formed services and their families en- Iran through the Bank Saderat Iran. as ‘‘the most deadly state sponsored dure unique and extraordinary de- Although Iran owned the Bank Saderat terrorist attack made against United mands and make extraordinary sac- Iran, the court, relying on the State States citizens before September 11, rifices over the course of 20-year to 30- Department’s application of the Bancec 2001.’’ In September of this year Judge year careers in protecting freedom for doctrine, held that the Flatows could Lamberth found that Iran not only is all Americans. I believe they deserve not attach the asset because they could responsible for this attack but also the best retirement benefits that a not show that Iran exercised day-to- owes the families of the victims a total grateful nation can provide. Proposals day managerial control over Bank of more than $2.6 billion for the attack. to compare cash fees paid by retired Saderat Iran. My provision will remedy Congress’s support of my provision will military members and their families to this issue by allowing attachment of now empower these victims to pursue fees paid by civilians fails to ade- the assets of a state sponsor of ter- Iranian assets to obtain this just com- quately recognize the sacrifice of mili- rorism to be made upon the satisfac- pensation for their suffering. This is tary members. We must be mindful tion of a ‘‘simple ownership’’ test. true justice through American rule of that military members prepay the Another problem is that courts have law. equivalent of very large advance pre- mistakenly interpreted the statute of However, President Bush’s veto of miums for health care in retirement limitations provision that Congress the initial version of the National De- through their extended service and sac- created in 1996. In cases such as Vine v. fense Authorization Act for fiscal year rifice. Republic of Iraq and later Buonocore v. 2008, H.R. 1585, on New Year’s Eve re- The Department of Defense and our Socialist People’s Libyan Arab quired that my provision to provide Nation have a committed obligation to

VerDate Mar 15 2010 22:12 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JA8.REC S22JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S56 CONGRESSIONAL RECORD — SENATE January 22, 2008 provide health care benefits to Active On January 4, 2008, the President The Constitution does not provide for Duty, National Guard, Reserve, and re- issued Executive Order 13454, which double vetoes: A bill is vetoed either by tired members of the uniformed serv- gave all members of the military a 3- being returned or, if return is pre- ices, their families, and survivors, that percent pay raise effective January 1, vented by Congress’s adjournment, by considerably exceed the obligation of 2008. I commend the House for its Janu- being pocketed. Here, the President re- corporate employers to provide health ary 16, 2008, decision to make retro- turned the bill to the other body care benefits to their employees. Ulti- active to January 1, 2008, a 3.5-percent through delivery to the Clerk. Obvi- mately, the Department of Defense has pay raise for members of the uniformed ously, the adjournment did not prevent options to constrain the growth of services. This was the number that the the bill’s return. Accordingly, the bill health care spending in ways that do House and the Senate agreed upon be- was not subject to a pocket veto. Had not disadvantage current and retired fore we sent the bill to President Bush the President not returned the bill members of the uniformed services, in December; I think it is only fair this within the 10 days—excluding Sunday— and it should pursue any and all such be the number we return to when we prescribed by the Constitution, the bill options as a first priority. Raising fees again submit the bill to the President. would have become law without his sig- excessively on TRICARE beneficiaries The men and women of the military nature. That fact explains why the is not the way to achieve this objec- should not be made to suffer for dis- President returned the bill. tive. agreements between the Congress and Indeed, in 1983, President Reagan at- Finally, I thank the conferees for in- the White House. tempted to pocket veto a military aid cluding my amendment to require in- Mr. REID. Mr. President, in a few appropriations measure during an anal- creased oversight and accountability, minutes, I am going to ask unanimous ogous adjournment—the break between as well as improved safety measures, at consent to take up the authorization the first and second sessions of the 98th the Warren Grove Gunnery Range in bill for the Department of Defense for Congress. On a bipartisan basis, the New Jersey. I wrote this provision with fiscal year 2008. But before we proceed Senate joined a group of Members of Senator MENENDEZ because a number to consider and pass this important the other body to challenge that at- of dangerous safety incidents caused by legislation, I want to take just a mo- tempted misuse of the pocket veto in a the Air National Guard have repeat- ment to advise my colleagues of the Federal court case called Barnes v. edly impacted the residents living unfortunate and troubling path that Kline. Although the decision was sub- nearby the range. this legislation has taken since the sequently vacated because the fiscal On May 15, 2007, a fire ignited during Senate last voted to pass it on Decem- year for the military aid bill had ex- an Air National Guard practice mission ber 14. pired in the meantime, thereby at Warren Grove Gunnery Range, On December 19, the same day the mooting the case, the Court of Appeals scorching 17,250 acres of New Jersey’s other body adjourned its first session, for the District of Columbia Circuit re- Pinelands, destroying 5 houses, signifi- the Congress sent to the President leg- jected the Executive’s attempt to cantly damaging 13 others, and tempo- islation, H.R. 1585, that was identical pocket veto the bill and held that, be- rarily displacing approximately 6,000 to the bill we are about to take up and cause it could have been returned to people from their homes in sections of pass, with one substantive difference the House, under the Constitution the Ocean and Burlington Counties in New regarding section 1083 and several asso- bill had become law. The court held Jersey. ciated technical corrections necessary that three factors, when taken to- My provision will require that an an- due to the delay of the bill’s enact- gether, establish that adjournment of nual report on safety measures taken ment. the first session of a Congress does not at the range be produced by the Sec- What I want to focus on today is the prevent the President from returning a retary of the Air Force. The first re- manner in which the President chose bill under the Constitution: First, port will be due no later than March 1, to exercise his veto prerogative. As the ‘‘[t]he existence of an authorized re- 2008, and two more will be due annually Chair and our colleagues are well ceiver of veto messages’’; second, ‘‘the thereafter. My provision will also re- aware, the Framers of our Constitution rules providing for carryover of unfin- quire that a master plan for the range deliberately gave the President only a ished business’’ in the second session of be drafted that includes measures to limited or qualified veto power, one a Congress; and third, ‘‘the duration of mitigate encroachment issues sur- that could be overridden by Congress if modern intersession adjournments.’’ rounding the range, taking into consid- it could muster a two-third vote in In that decision, the court of appeals eration military mission requirements, both Houses—a formidable challenge. built upon the foundation laid by our land use plans, the surrounding com- But President Bush was not satisfied colleague, the senior Senator from munity, the economy of the region, and simply to veto the bill and risk an Massachusetts, who, a decade earlier the protection of the environment and override, as contemplated under our personally had argued and won the case public health, safety, and welfare. I be- constitutional process. Kennedy v. Sampson in the same court, lieve that these studies will provide the Rather, on December 28, the Presi- thereby establishing the President’s type of information that we need to en- dent issued a memorandum of dis- duty to return bills to Congress, sure that there is long-term safety at approval stating that, because the through its appointed officers, during the range, both for the military and other body had adjourned its first ses- intrasession adjournments. As the the surrounding communities. sion, while the Senate remained in ses- court made clear, during both types of Mr. SPECTER. Mr. President, I have sion to protect its advise-and-consent adjournments, the application of the sought recognition to address the pay prerogative, he considered the bill pocket veto clause has necessarily been raise given to members of the U.S. pocket vetoed, relying upon the con- guided from the beginning by its military. On December 28, 2007, Presi- stitutional provision that protects ‘‘manifest purpose.’’ And that purpose dent Bush vetoed the National Defense against the Congress’s adjourning in is solely to ensure that the Congress Authorization Act for Fiscal Year 2008 order to prevent the President from ex- cannot deprive the President of his because of a disagreement over a provi- ercising his veto power. But the Presi- right to exercise the qualified veto, not sion in the Justice for Victims of State dent did not actually pocket the bill. to permit the President to accomplish Sponsored Terrorism Act of 2007. Instead, using the mechanism provided what the Framers of our Constitution The disagreement over language in in the rules of the other body for such denied him—by transforming the quali- the Justice for Victims of State Spon- periods as the December holidays, the fied veto into an absolute veto. sored Terrorism Act has affected far White House returned the bill, with the I have gone into some detail in expli- more individuals than the legislation President’s veto message, to the Clerk cating the background and history of itself addresses. By holding up the of the House, for transmission to the the pocket veto controversy because of signing of the National Defense Au- full body when it reconvened last week. its importance to our constitutional thorization Act for Fiscal Year 2008, it The President said that he was return- system of separation of powers and jeopardized the pay raise which was ing the bill ‘‘to avoid unnecessary liti- checks and balances between the promised to our Nation’s servicemen gation’’ and ‘‘to leave no doubt’’ that branches. The President should aban- and servicewomen. he was vetoing the bill. don the strange and unseemly practice

VerDate Mar 15 2010 22:12 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JA8.REC S22JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 22, 2008 CONGRESSIONAL RECORD — SENATE S57 of maintaining that he cannot return a MENENDEZ), and the Senator from Illi- there has to be a conference. I hope we bill to Congress, while simultaneously nois (Mr. OBAMA) are necessarily ab- could have this extension. I need not returning the bill. Such game-playing sent. belabor the point. I asked this consent is unworthy of the Office of the Presi- I further announce that, if present before we left; I ask it again. dent and breaks faith with the bril- and voting, the Senator from New Jer- The PRESIDING OFFICER. Is there liant, carefully crafted system that the sey (Mr. MENENDEZ) would vote ‘‘yea.’’ objection? The Republican leader. Founders bequeathed to us and future Mr. KYL. The following Senators are Mr. MCCONNELL. Mr. President, re- generations. necessarily absent: the Senator from serving the right to object, and I will However, much as part of me would Arizona (Mr. MCCAIN), the Senator be objecting, let me say, my good like to see Congress take the oppor- from South Dakota (Mr. THUNE), and friend, the majority leader, and I have tunity provided by the President’s ac- the Senator from Virginia (Mr. WAR- discussed this issue. There is a signifi- tion here to establish definitively the NER). cant amount of time left this month to Congress’s constitutional power to The PRESIDING OFFICER. Are there pass this bill in the Senate. A con- override a veto exercised during its ad- any other Senators in the Chamber de- ference may or may not be necessary. journment, the Nation’s security and siring to vote? Back in August, when we did an exten- the care of our troops and wounded The result was announced—yeas 91, sion of the FISA bill, the House simply warriors demands that we get this bill nays 3, as follows: took up the Senate-passed bill and signed into law as soon as possible. [Rollcall Vote No. 1 Leg.] passed it, and it went down to the This bill provides important congres- YEAS—91 President for signature. So I think the sional authorizations and guidance for discussion of extension, particularly Akaka Dole McCaskill the Nation’s defense budget, a 3.5-per- Alexander Domenici McConnell when, hopefully, we will turn to this cent 9 pay raise and key bonuses for Allard Dorgan Mikulski bill in the very near future in the Sen- the troops, legislation to improve the Barrasso Durbin Murkowski ate, is not timely and, therefore, I ob- Baucus Ensign Murray system of care for our wounded war- Bayh Enzi ject. Nelson (FL) The PRESIDING OFFICER. Objec- riors, and authorization to establish a Bennett Feinstein Nelson (NE) war profiteering commission. The Biden Graham Pryor tion is heard. Bingaman Grassley President’s veto of this bill in Decem- Reed The majority leader. Bond Gregg Reid Mr. REID. Mr. President, for all ber has already delayed these provi- Boxer Hagel sions for too long. Brown Harkin Roberts Members here, we are on the Indian Brownback Hatch Rockefeller health bill now. I hope we can complete I also want to reiterate that it is my Salazar Bunning Hutchison that bill tomorrow. The Republicans belief that the Government of Iraq Burr Inhofe Schumer should take responsibility for what has Cantwell Inouye Sessions are having a retreat. They are having taken place there in years past, includ- Cardin Isakson Shelby theirs tomorrow; we are going to have ing the brutal torture of American Carper Johnson Smith ours in 10 days or so. There will be ac- Casey Kennedy Snowe tivities on the Senate floor tomorrow, POWs. Congress has gone on record re- Chambliss Kerry Specter peatedly—most recently, in over- Coburn Klobuchar Stabenow but there will be no votes. If there are whelmingly passing section 1083 of the Cochran Kohl Stevens any votes tomorrow, it will be after conference report to H.R. 1585 last year Coleman Kyl Sununu they finish their retreat, after 6 o’clock Collins Landrieu Tester in both the House and Senate and send- Conrad Lautenberg tomorrow night. Vitter So we hope some work can be done on ing it to the President—to support the Corker Leahy Voinovich Cornyn efforts of these Americans who have Levin Webb this bill tomorrow. We know the Re- Craig Lieberman Whitehouse publicans will be absent, so that makes suffered so much for their country to Crapo Lincoln Wicker hold their torturers accountable. This DeMint Lugar it very difficult. Wyden administration has been fighting for Dodd Martinez We have to finish FISA this week. years to oppose efforts to win com- NAYS—3 Everyone should be aware of that point. We have to finish it this week. I pensation for these American soldiers, Byrd Feingold Sanders which is, frankly, a disgrace. know there are important trips people In light of the President’s veto over NOT VOTING—6 want to take. We have the very impor- this issue, I call on him and his admin- Clinton Menendez Thune tant economic conference in Davos McCain Obama Warner istration to work with the POWs and that Democrats and Republicans alike their family members to facilitate ne- The bill (H.R. 4986) was passed. would like to go to. gotiations with the Government of The PRESIDING OFFICER. The mo- I say, unless we finish the bill Thurs- Iraq. It is my understanding that the tion to reconsider is considered made day—and we will not be able to get to administration has been working with and laid on the table. it until tomorrow night—unless we fin- Iraq to settle gulf war commercial The majority leader is recognized. ish the bill on Thursday, then we are debts with foreign corporations such as f going to have to continue working this Mitsubishi of Japan and Hyundai of week until we finish this bill. We have UNANIMOUS CONSENT REQUEST— to finish this bill. It is not fair to the Korea through issuance of Iraqi bonds. S. 2541 This mechanism takes no funds from House to jam them so that they have 1 the reconstruction of Iraq. It is beyond Mr. REID. Mr. President, I am glad day to act on this legislation. If we fin- me why the administration would we have a large number of Senators ish it this week, I have spoken to the refuse to do at least that for the POWs. here today. I want to go over the Speaker today and they will work to The administration needs to make this schedule for this week. complete this matter next week. It right. First of all, I am going to ask unani- would be to everyone’s advantage if we The bill (H.R. 4986) was ordered to a mous consent, and I will do that now, had more time to do this. third reading and was read the third that the Senate proceed to the consid- I respect what the Republican leader time. eration of S. 2541, which is a 30-day ex- has said, but everyone here should un- Mr. LEVIN. Mr. President, I ask for tension of the Foreign Intelligence derstand all weekend activities have to the yeas and nays. Surveillance Act we are going to be be put on hold until we finish this bill. The PRESIDING OFFICER. Is there a dealing with; that the bill be read three Now, it is possible we could finish it sufficient second? There is a sufficient times, passed, the motion to reconsider fairly quickly. We are going to work second. be laid upon the table, with no inter- from the Intelligence bill, and if The question is on passage of the bill. vening action or debate. amendments are offered that people The clerk will call the roll. The reason I ask consent on this leg- don’t like, I would suggest they move The legislative clerk called the roll. islation is that this bill expires on Feb- to table those amendments. Because if Mr. DURBIN. I announce that the ruary 1. The House has not acted on people think they are going to talk Senator from New York (Mrs. CLIN- this bill yet, so when we pass this bill, this to death, we are going to be in TON), the Senator from New Jersey (Mr. the House has to pass their bill, and here all night. This is not something

VerDate Mar 15 2010 22:12 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JA8.REC S22JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S58 CONGRESSIONAL RECORD — SENATE January 22, 2008 we are going to have a silent filibuster ciate the majority leader has been very exist where they could go, but they are on. If someone wants to filibuster this clear. I happen to concur with him that gone. We had a hospital that was brand bill, they are going to do it in the open- this is important and we should finish new. It was never staffed. The people ness of the Senate. it. All we want to do is to know how it have to drive 110 miles over the worst We are not going to say, well, we will go. There is a Judiciary Com- roads in Nevada to go to the hospital— can’t get 60 votes on this. We are going mittee amendment to the bill. I would these Native Americans. to work toward completing this bill as not anticipate taking a great deal of So I say if we, as a people, have any quickly as we can. I would rather we time on that, but I think the distin- concern about health care, please di- didn’t have to do this. And maybe if we guished majority leader is doing the rect it to the Native Americans. No one get to it on Thursday, we can finish it absolute right thing. needs it more than they do. That is Thursday. If not, hopefully on Friday. He has the worst job in America, try- what this legislation is all about. We But I know of no alternative. This ing to accommodate the schedules of 99 work period is very short. We have, other people, plus his own, which usu- have legal responsibilities to take care after this week, only 3 weeks. ally comes in number 100 out of the 100. of it, and we have neglected those re- I have had many meetings, and they I am not in any way suggesting we sponsibilities. We as a Federal Govern- have been bipartisan in nature, to try change for the Davos summit. I will ment have neglected those responsibil- to come up with a stimulus package keep in touch with him, Senator ities. that is so important to our country. ROCKEFELLER, and others as we go for- So I so appreciate the chair of this Everyone has seen what has happened ward. If it is possible for us to leave committee, the ranking member of the to not only our own stock markets but Thursday night, we will be able to committee, Senator MURKOWSKI of those around the world. We may not be leave Thursday night. But I would not Alaska, and I hope the two of you can in a recession, but people are looking suggest the bipartisan delegation go to work hard to get us a piece of legisla- at an economic downturn as con- Davos if this matter is pending. tion we can send over to the House and cerning to everyone, including the I appreciate the distinguished leader that the President will sign it. People President. So we have a lot to do this spending a lot of time on the phone desperately need this legislation. work period. I have only mentioned a over the weekend and again today and couple issues we need to work on, but I appreciate his consideration. Mr. DORGAN. Mr. President, I thank there are a lot of others, of course, we The PRESIDING OFFICER. The Sen- the majority leader. I understand we need to do also. ator from North Dakota. are going to need to move off and go to FISA at some point. We need some UNANIMOUS CONSENT REQUEST—H.R. 1255 Mr. DORGAN. If I might address the time, at least another day, to have Madam President, I ask unanimous majority leader for a moment, we have consent that the Senate proceed to had a great deal of debate today on the some amendments, and then I think we consideration of Calendar No. 213, H.R. Indian Health Care Improvement Act, can finish this bill. 1255, Presidential Records Act Amend- and I appreciate, as I said earlier, the Frankly, we have a trust responsi- ments of 2007; that the amendment at willingness of the majority leader to bility. We have signed treaties, and the desk be considered and agreed to; bring this bill to the floor of the Sen- this great country needs to keep its the bill, as amended, be read a third ate. I know it deals with about 4 mil- word. It has not kept its word on In- time, passed, and the motion to recon- lion Americans. But the fact is there dian health care. That is the reason we sider be laid upon the table; that any are people dying, dying in this country, are on the floor of the Senate. So I statements relating thereto appear at because of inadequate health care for a wanted to make this point as we move the appropriate place in the RECORD as trust requirement, a responsibility our to consider all these other priorities, if given; and that there be no inter- Government has for the health of the that one of the significant priorities is vening action or debate. American Indians. to get the amendments on the floor, I know we will be considering that The PRESIDING OFFICER. Is there get them debated, have time agree- issue still tomorrow. I talked to Sen- objection? ments, and let us get this bill passed. It ator COBURN, who indicated he has Mr. SESSIONS. I object. is 10 years late, but let us at least pay The PRESIDING OFFICER. Objec- some amendments and will be here to- morrow to be discussing the bill. My respect to our word, the commitments tion is heard. we have made, the treaties we have Mr. MCCONNELL. Mr. President, on hope is we could get the Senators to signed, and the trust responsibilities the issue of FISA, let me second the come and offer amendments, that we that are ours. observation of the majority leader. can finish these amendments, and for There is no more important issue for us the first time in 10 years get this bill I heard someone say, people aren’t to deal with in terms of protecting the passed. Senator MCCAIN, when chair- dying over this. They are dying over homeland. I agree with his decision man of this committee; Senator Ben this, I guarantee you. I will get you that we press forward on FISA and get Nighthorse Campbell, when chairman; their names. There are people who de- it out of the Senate—but not just get it and now myself, along with Vice Chair serve health care who aren’t getting it, out of the Senate, get it out of the Sen- MURKOWSKI, have worked hard to get and the fact is people are dying today ate and to the House in a form the this done. We are so close, and I appre- as a result of it. Ten years later we President will sign. Nothing is more ciate the cooperation of the majority ought to pass this legislation. I have important to protecting the homeland leader. worked hard with Senator MURKOWSKI, than getting this done and getting it I understand we will have to move to Senator MCCAIN, and so many others to done properly. FISA at some point, but I know the move this legislation. All we ask is fair I yield the floor. majority leader wants to give us fair opportunity to get the amendments to The PRESIDING OFFICER (Mr. opportunity to consider these amend- the floor and get them considered and CASEY). The Senator from Vermont. ments and see if we can finish in a day voted on and let us do the right thing. Mr. LEAHY. Mr. President, we have a or so, and I hope that can be the case. number of Members who are supposed Mr. REID. Mr. President, through the Tomorrow, I will be back. I do have to go to the Davos economic summit Chair to my friend from North Dakota, great passion about this because I have tomorrow night, and I would note I we have a Presidential debate going on seen people who are sick, I have seen have talked with Senator BENNETT of now. Democrats and Republicans are people who are suffering and I have Utah, who is the senior Republican on talking about health care. I say to my seen people and talked to people who that trip, and the trip that is set to friend, there is no place, no people in had children die and spouses die be- leave tomorrow night will not. We will America more badly in need of health cause of inadequate health care, be- put it on hold until Thursday, to deter- care than Native Americans. In Ne- cause of full-scale health care ration- mine whether we can leave on Thurs- vada, we have 22 different tribal orga- ing in this country for American Indi- day. nizations. The sickest, the most de- ans. That is unacceptable, and it ought If I could have the attention of the pendent people on health care are Indi- to be unacceptable to every single majority leader for a moment. I appre- ans. We had hospitals that used to Member of this Senate.

VerDate Mar 15 2010 22:12 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JA8.REC S22JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 22, 2008 CONGRESSIONAL RECORD — SENATE S59 PROVIDING FOR A CONDITIONAL The PRESIDING OFFICER. Without lion in emergency LIHEAP funding. I ADJOURNMENT OF THE HOUSE objection, the clerk will report. am pleased that this bill has garnered OF REPRESENTATIVES The legislative clerk read as follows: 26 cosponsors—19 Democrats, 6 Repub- Mr. DORGAN. Mr. President, I ask The Senator from Vermont [Mr. SANDERS], licans, and 1 Independent. for himself, Mr. OBAMA, Ms. CANTWELL, Mr. In addition, as you know, on Decem- unanimous consent that the Senate KERRY, Ms. SNOWE, Ms. COLLINS, Mr. ber 3, 38 Senators cosigned a letter proceed to the immediate consider- SUNUNU, Mr. MENENDEZ, Mr. LEAHY, Mrs. spearheaded by Senator JACK REED and ation of H. Con. Res. 279, received from CLINTON, and Mr. KENNEDY, proposes an SUSAN COLLINS to the Labor-HHS-Edu- the House. amendment numbered 3900. cation Appropriations Subcommittee The PRESIDING OFFICER. Without Mr. SANDERS. Mr. President, I ask Chairman HARKIN and Ranking Mem- objection, it is so ordered. The clerk unanimous consent that the amend- ber SPECTER urging the appropriations will report. ment be considered as read. committee to provide a total of $3.4 bil- The legislative clerk read as follows: The PRESIDING OFFICER. Without lion in LIHEAP funding. A concurrent resolution (H. Con. Res. 279) objection, it is so ordered. As you know, there is a lot of discus- providing for conditional adjournment of the The amendment is as follows: sion right now in seeing that there be House of Representatives. (Purpose: To provide for payments under a substantial increase in LIHEAP fund- Mr. DORGAN. Mr. President, I ask subsections (a) through (e) of section 2604 ing in the economic stimulus bill that unanimous consent that the concur- of the Low-Income Home Energy Assist- is being talked about, which I certainly rent resolution be agreed to, the mo- ance Act of 1981) support. tion to reconsider be laid upon the At the end of title II, insert the following: I would also like to take this oppor- table, without any intervening action SEC. 2ll. LOW-INCOME HOME ENERGY ASSIST- tunity to commend Subcommittee ANCE PROGRAM. or debate. Chairman HARKIN, Ranking Member (a) IN GENERAL.—There are authorized to The PRESIDING OFFICER. Without be appropriated, and there are appropriated, SPECTER, Appropriations Chairman objection, it is so ordered. out of any money in the Treasury not other- BYRD, and Ranking Member COCHRAN The concurrent resolution (H. Con. wise appropriated— for providing a total of $2.6 billion in Res. 279) was agreed to. (1) $400,000,000 (to remain available until funding for LIHEAP in the Omnibus f expended) for making payments under sub- appropriations bill. I understand how sections (a) through (d) of section 2604 of the difficult it was to reach a deal on this INDIAN HEALTH CARE IMPROVE- Low-Income Home Energy Assistance Act of bill. I appreciate everything Senator MENT ACT AMENDMENTS OF 1981 (42 U.S.C. 8623); and BYRD and others have done for LIHEAP 2007—Continued (2) $400,000,000 (to remain available until expended) for making payments under sec- to make sure people in our country do The PRESIDING OFFICER. The Sen- tion 2604(e) of the Low-Income Home Energy not go cold. ator from Alaska. Assistance Act of 1981 (42 U.S.C. 8623(e)), not- Unfortunately, this $2.6 billion in Mrs. MURKOWSKI. Mr. President, I withstanding the designation requirement of funding for LIHEAP, while an 18-per- wished to echo the comments of my section 2602(e) of such Act (42 U.S.C. 8621(e)). cent increase from last year, is still 23 colleague and my chairman on the In- (b) DESIGNATION.—Any amount provided percent below what was provided for dian Affairs Committee. Reauthoriza- under subsection (a) is designated as an LIHEAP just 2 years ago. And that 23- tion of this Indian Health Care Im- emergency requirement and necessary to percent reduction is not even adjusted provement Act is something that is meet emergency needs pursuant to sub- for inflation. I am talking about nomi- sections (a) and (b) of section 204 of S. Con. nal dollars. long overdue. When we sat down as the Res. 21 (110th Congress), the concurrent reso- chairman and vice chairman of this lution on the budget for fiscal year 2008. Two years ago, as I think every committee to assess the priorities of American fully understands, the price Mr. SANDERS. Mr. President, let me of heating oil was less than $2.50 a gal- the committee, it was absolutely clear begin by saying this amendment is the one thing we could do now to help lon. Today, it is over $3.36 a gallon. In being cosponsored by Senators SNOWE, make a difference in the lives of Amer- central Vermont, we have seen prices COLLINS, OBAMA, CANTWELL, SUNUNU, ican Indians and Alaska Natives was to as high as $3.73 a gallon for heating oil. MENENDEZ, STABENOW, CLINTON, LEAHY, improve the health care system, the This winter, consumers are projected and KERRY. This amendment, which delivery, and the access. to pay over $1,800 to heat their homes would increase LIHEAP funding by $800 with heating oil—$1,800 just to stay The last time this was updated, if million, also has the support of the Na- you will, was 1992. Think about what warm this winter. This winter, it is tional Energy Assistance Directors As- projected that consumers will be pay- has happened in health care and the sociation, the National Fuel Funds technologies and the techniques since ing over $1,600 to heat their homes with Network, the American Gas Associa- propane. Two years ago, they only paid 1992. We owe it to our constituents tion, the National Association of State across the country—not just in Alaska, $1,281. Energy Officials, and many other The skyrocketing prices are already where we have 225 tribes, but from groups. California to Maine, from the Dakotas stretching the household budgets of This amendment is as simple and millions of families with children, sen- down to Florida—we owe it to all our straightforward as it can be, and what constituents to finally see this reau- ior citizens on fixed incomes, and per- it is about is that at a time when, as sons with disabilities beyond the thorization through. We do acknowl- everybody knows, home heating prices breaking point. I cannot tell you—I am edge there are some issues that are as are going through the roof, it is getting sure the situation is not radically dif- yet unresolved, but it is not as if we colder every day—it will be below zero ferent in Pennsylvania—how many peo- have not had the time to resolve them. in Vermont this week—this amend- ple are telling me that when they see The time is now to make it happen. ment would provide real relief to mil- these heating bills, they cannot believe I, too, would urge the Senate to work lions of senior citizens on fixed in- it. They just do not know how they are together, as the chairman and I have, comes, low-income families with chil- going to stay warm this winter. in a very cooperative, very bipartisan dren, and persons with disabilities. Unfortunately, the spike in energy manner to figure out how we move this Specifically, this amendment would costs is completely eviscerating the legislation through the Senate to the provide $800 million emergency funding purchasing power of this extremely im- House so it is finally enacted into law. for the Low-Income Home Energy As- portant program in State after State. With that, I yield the floor. sistance Program, otherwise known as If Congress does not act soon to con- The PRESIDING OFFICER. The Sen- LIHEAP. Four hundred million dollars front this problem head-on—and this is ator from Vermont. of this funding would be distributed a problem which is existing now and AMENDMENT NO. 3900 under the regular LIHEAP formula and will get worse in late January and in Mr. SANDERS. Mr. President, I ask the other $400 million would be used February—I fear for the public health unanimous consent that the pending under the contingency LIHEAP pro- and safety of many of our most vulner- amendment be set aside so I can send gram. able citizens. an amendment to the desk, and I ask Last month, I introduced the Keeping The point is, we have to act. We have for its immediate consideration. Americans Warm Act to provide $1 bil- to act. I support any and all efforts to

VerDate Mar 15 2010 22:12 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JA8.REC S22JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S60 CONGRESSIONAL RECORD — SENATE January 22, 2008 expand LIHEAP but, frankly, it will do During the winter in Iowa, the reg- Nationwide, over the last 4 years, the less good if it is passed in March or in ular LIHEAP grant has been cut by 7 number of households receiving April than it will if it is passed in Jan- percent from last year. The average LIHEAP assistance increased by 26 per- uary and February. We need to get the LIHEAP grant in Iowa is $300. Two cent from 4.6 million to about 5.8 mil- money out to people now so they do years ago, the average grant was $450. lion, but during this same period, Fed- not go cold. The State of Kentucky can run out of eral funding increased by only 10 per- According to the National Energy LIHEAP funding as early as next Feb- cent. The result is that the average Assistance Directors Association, due ruary. grant declined from $349 to $305. In ad- to insufficient funding, the average In Maine, the average LIHEAP grant dition, since August 2007, crude oil LIHEAP grant only pays for 18 percent will only pay for about 2 to 3 weeks of prices quickly rose from around $60 a of the total cost of heating a home home heating costs in most homes in barrel to nearly $100 a barrel earlier with heating oil this winter, 21 percent that State, and I can tell you that it this month, so a grant buys less fuel of residential propane costs, 41 percent stays cold for a lot longer than 2 or 3 today than it would have just 4 months of natural gas costs, and 43 percent of weeks in Maine, in New England. ago. According to Maine’s Office of En- electricity costs this winter. What this In Massachusetts, the spike in energy ergy Independence and Security, the means is that low-income families with costs means that the purchasing costs average price of heating oil in our kids, senior citizens on fixed incomes, for LIHEAP has declined by 39 percent State is $3.30 per gallon, which is $1.09 and others will have to make up the re- since 2006. higher than at this time last year. maining cost out of their own pockets. The State of Minnesota can run out This large, rapid increase, combined of LIHEAP funding as early as Feb- As you know, in this country we are with less LIHEAP funding available per ruary. looking at some very rocky economic family, imposes hardship on people who In New York, many households have times. More and more people are unem- use home heating oil to heat their ployed. Poverty is going up. Where are already exhausted their entire LIHEAP funding. homes. Low-income families and senior those people going to get these large citizens living on limited incomes in sums of money to stay warm this win- While Ohio has seen a 10-percent in- crease in the number of people apply- Maine and many other States face a ter? crisis situation in staying warm this In addition, only 15 percent of eligi- ing for LIHEAP assistance, that State winter. ble LIHEAP recipients currently re- will have to cut back its regular LIHEAP grant by between 15 to 20 per- The Sanders amendment would pro- ceive assistance with home heating vide an additional $800 million as emer- bills. Eighty-five percent of eligible cent. gency funding for LIHEAP. The term low-income families with children, sen- Rhode Island, Texas, the State of ‘‘emergency’’ could not be more accu- ior citizens on fixed incomes, and per- Washington—on and on it goes. The rate. Our Nation is in a heating emer- sons with disabilities do not receive bottom line is, home heating fuel costs gency this winter. Families are being any LIHEAP assistance whatsoever due are soaring, and LIHEAP does not have forced to choose among paying for to a lack of funding. There are many enough money to take care of the food, housing, prescription drugs, and people all over this country who are el- needs of people in State after State heat. No family should be forced to suf- igible for this program who are unable after State. fer through a severe winter without to get the help they need. In my own In the richest country on the face of adequate heat. State of Vermont, it has been reported the Earth, no family, no child, no sen- I urge all my colleagues to support that outrageously high home heating ior citizen should be forced to go cold the Sanders proposal to provide vital costs, oil costs, are pushing families this winter. I am afraid that unless we home energy assistance for the most into homelessness. In fact, it is not un- act, and act very quickly, that is ex- vulnerable of our citizens. common for families with two working actly what will be happening. Mr. SMITH. Mr. President, I rise parents to receive help from homeless We hear a lot of talking about energy today to speak in favor of reauthor- shelters in the State of Vermont be- funding around here. Not every piece of izing the Indian Health Care Improve- cause they cannot afford anyplace else legislation, in fact, is an emergency. ment Act, IHCIA, of which I am a co- to live during the winter. This is an emergency. As we speak to- This is a national energy emergency night, people all over this country do sponsor. Like many of my colleagues, I which is affecting States all over the not have enough money to stay warm. feel that passing this legislation is long country, certainly not just Vermont. That situation will only get worse. We overdue. Since its enactment in 1976, On January 17, 1 day after the Presi- have to act, and we have to act now. the IHCIA has provided the framework dent released $450 million in emergency Let me again thank the many co- for carrying out our responsibility to LIHEAP funding, the National Energy sponsors of this legislation. It is cer- provide Native Americans with ade- Assistance Directors Association testi- tainly bipartisan. There are cold people quate health care. As we know, the act fied in front of the Health, Education, in Republican States, Democratic has not been updated in more than 16 Labor and Pensions Committee chaired States, Independent States. We have to years, despite the growing need among by Senator KENNEDY. I very much ap- act together, and we have to move as Native Americans. preciate his holding that hearing in rapidly as we can. We cannot allow the health of Native Boston focusing national attention on I am offering this amendment now on Americans to remain in jeopardy for this crisis. Here is what the national the Indian health bill. I will offer it at yet another year. The reauthorization energy directors reported. This is what every opportunity I can. I look forward legislation is a major step in address- they say: to working with the Members of the ing the growing health disparities that In Arkansas, the number of families Senate to see that we do the right Native Americans face. The act makes receiving LIHEAP assistance is ex- thing so that no American goes cold much needed changes to the way the pected to be reduced by up to 20 per- this winter. Indian Health Service, IHS, delivers cent from last year if they are not able Ms. COLLINS. Mr. President, I wish health care to Native Americans and is to get more funding. Arkansas, 20 per- to discuss funding for the Low Income the product of significant consultation cent reduction. Home Energy Assistance Program, and cooperation with Tribes and health In Arizona, estimates are that they commonly known as LIHEAP. LIHEAP care providers. will have to cut the number of families is a Federal grant program that pro- I would like to thank Chairman DOR- receiving LIHEAP assistance by 10,000 vides vital funding to help low-income GAN and Vice Chair MURKOWSKI for families as compared to last year. and elderly citizens meet their home their leadership and for building on the In Delaware, the number of families energy needs. momentum from the last Congress to receiving LIHEAP assistance will be Due to record-high oil costs, the situ- reauthorize this act. reduced by up to 20 percent. In most in- ation for our neediest citizens is espe- The IHCIA was last reauthorized in stances, your average LIHEAP grant cially dire this winter. That is why I 1992. Now 16 years later, another reau- only pays for about 20 percent of the have sponsored Senator SANDERS’ thorization is necessary to modernize total cost of heating a home in Dela- amendment to increase LIHEAP fund- Indian health care services and deliv- ware. ing by $800 million. ery and improve the health status of

VerDate Mar 15 2010 22:12 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JA8.REC S22JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 22, 2008 CONGRESSIONAL RECORD — SENATE S61 Native American people to the highest and IHS through the National Steering crease access, deliver quality health level possible. Committee. Many tribes in Oregon and care services, and enhance the health A September 2004 report released by around the country have never received status of AI/AN veterans. These col- the United States Commission on Civil any construction funding and are con- laborations are designed to improve Rights gives us a snapshot of the cerned that the proposed language is communication between the agencies health crises Native Americans face. outdated and will continue to cause and tribal governments and to create Native Americans are 770 percent more their facilities to lose priority to the opportunities to develop strategies for likely to die from alcoholism, 650 per- extent that it could be 20 to 30 years sharing information services and tech- cent more likely to die from tuber- until facility upgrades would occur. nology. The technology sharing in- culosis, 420 percent more likely to die I offered an amendment during the cludes the VA’s electronic medical from diabetes, 52 percent more likely May 2007 Senate Committee on Indian record system, bar code medication ad- to die from pneumonia or influenza, Affairs markup of S. 1200 that would ministration, and telemedicine. Also, and 60 percent more likely to die of sui- have allowed for a portion of health fa- the VA and IHS cosponsor continuing cide. cility construction funds to be distrib- medical training for their health care Also, according to the CDC, Amer- uted equitably among all of the IHS staffs. The MOU encourages VA, tribal, ican Indians and Alaska Natives, AI/ areas for local health facilities and IHS programs to collaborate in nu- AN, also have the highest rate of sui- projects. I withdrew my amendment merous ways at the local level. These cide in the 15- to 24-year-old age group, because Chairman DORGAN assured me services may include referrals for spe- and suicide is the second leading cause that he would work with me to find a cialty care at a VA facility, prescrip- of death among Native American youth suitable compromise before the bill tions offered by the VA, and testing aged 10 to 24. The overall rate of sui- went to the floor. Since then, I have not offered by IHS. cide for American Indians and Alaska been working with my colleagues and At the local level, many partnerships Natives is 20.2 per 100,000, or approxi- national tribal organizations to de- are being formed among IHS, the VA, mately double the rate for all other ra- velop compromise language. Yet, given and tribal governments to identify local needs and develop local solutions. cial groups in the United States. Given all of this effort, some Senators are un- These may include outreach and enroll- these circumstances, the life expect- willing to compromise. ment for the VA’s health system, ini- ancy for Native Americans is 71 years Therefore, Senator CANTWELL and I of age, nearly 5 years less than the rest intend to offer our amendment which tial screenings, and other health care of the U.S population. represents an appropriate middle services. The anticipated product of Many serious health issues affect our ground for all tribes. I hope my col- these collaborations is to ensure that Native American population. Yet, leagues will vote in favor of this quality health care is provided to all today, funding levels meet only 60 per- amendment, and I look forward to con- eligible AI/AN veterans. In my State, the Portland VA Med- cent of demand for services each year, tinuing to work with them to explore ical Center and the Portland Area Of- which requires IHS, tribal health fa- other creative ways to identify ap- fice-IHS are working on a local MOU cilities and organizations, and urban proaches that address everyone’s inter- for the purpose of improving access to Indian clinics to ration care, resulting est and ensures that all Native Amer- VA health care services for eligible AI/ in tragic denials of needed services. Re- ican Indians receive the health care AN veterans. The Warm Springs Con- authorization of the act will facilitate they need and deserve. federated Tribes have been instru- the modernization of the systems, such I am pleased to see that the bill con- mental in developing this agreement as prevention and behavioral health tains my legislation, the American In- based on the needs of AI veterans on programs for the approximately 1.8 dian Veteran Health Care Improvement the Warm Springs Reservation. These million Native Americans who rely Act. This legislation would encourage veterans often are eligible for health upon the system. I sincerely hope that collaborations between the Department benefits from both the VA and IHS, and we can pass this legislation and send it of Health and Human Services, HHS, it is their intended purpose to make to the President for his signature. and the Department of Veterans Af- care more seamless, thereby improving Although this bill makes vast and fairs, VA, resulting in greater access to access and quality. necessary improvements upon current health care services for American In- In November 2001, President George law, it is not perfect. In my home State dian and Alaska Native, veterans of W. Bush proclaimed National American of Oregon, as well as in many other federally recognized tribes. This legis- Indian Heritage Month by celebrating States across the country, there is con- lation also would ensure that these AI/ the role of the indigenous peoples of cern that the current bill creates in- AN veterans eligible for VA health care North America in shaping our Nation’s equities among the tribes related to benefits delivered by IHS, an Indian history and culture. He said, ‘‘Amer- the distribution of health care facili- tribe, or tribal organization will not be ican Indian and Alaska Native cultures ties funding. Senator CANTWELL and I liable for any out of pocket expenses. have made remarkable contributions intend to offer an amendment that we American Indians and Alaska Natives to our national identity. Their unique are hopeful can resolve this issue be- have a long history of exemplary mili- spiritual, artistic, and literary con- cause, ultimately we must ensure that tary service to the United States. They tributions, together with their vibrant all tribes are treated equitably. have volunteered to serve our country customs and celebrations, enliven and The current priority system outlined at a higher percentage in all of Amer- enrich our land.’’ in S. 1200 seems to favor health facility ica’s wars and conflicts than any other An important part of the overall con- construction in a few States and will ethnic group on a per capita basis. As a tribution of AI/AN peoples to our Na- harm Oregon’s tribes as well as many result, they have a wide range of com- tion is the part they play in protecting others across the country. Since the bat related health care needs. AI/AN and preserving our freedoms. Their original bill was drafted, the IHS and veterans may be eligible for health contributions to our Armed Forces tribes have worked together to develop care from the Veterans Health Admin- have been made throughout our his- a new and more equitable construction istration, VHA, or from IHS or both. tory. I am hopeful that the VA and IHS priority system that more fairly allo- Despite this dual eligibility, AI/AN vet- will continue to work together to de- cates funds across Indian Country. This erans report the highest rate of unmet liver health care services to our Na- priority system includes the develop- health care needs among veterans and tion’s AI/AN veterans that they so de- ment of an area distribution method- exhibit high rates of disease risk fac- serve. I look forward to hearing about ology. This proposed methodology tors. more of these partnership projects, and would provide for a portion of facility On February 25, 2003, HHS and the to learn of their successes. construction funds to be used to build VA entered into a Memorandum of Un- As I mentioned earlier, Native Amer- health facilities that are not part of derstanding, MOU, to encourage co- icans have some of the highest suicide the current facilities priority system. operation and resource sharing be- rates in our Nation. That is why it is so Unfortunately, the language in S. 1200 tween IHS and the VHA. The goal of critical that we increase physical and does not explicitly account for this the MOU is to use the strengths and ex- mental health services to this popu- agreement made between the tribes pertise of both organizations to in- lation and, ultimately, that we pass

VerDate Mar 15 2010 22:12 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JA8.REC S22JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S62 CONGRESSIONAL RECORD — SENATE January 22, 2008 this bill. I am proud to have cospon- crease in the health care disparity for dated objectives and policy for address- sored the telemental health language American Indians and Alaska Natives, ing the health needs of American Indi- in this bill. The bill would authorize a and the near annihilation of a body of ans. demonstration project to use tele- medical and cultural knowledge ad- By virtue of many treaties and agree- mental health services for suicide pre- dressing the unique cultural and med- ments, the Federal Government has a vention and for the treatment of Indian ical needs of the urban Indian popu- trust responsibility—an obligation—to youth in Indian communities. The In- lation held almost exclusively by these provide a variety of basic needs, in- dian Health Service would carry out a programs. Notably, Urban Indian cluding healthcare. 4-year demonstration program under health clinics typically leverage IHS The Indian Health Care Service esti- which five tribes, tribal organizations funding 2:1 from other sources. mates that it provides about 60 percent or urban Indian organizations with Urban Indian health clinics provide of the health care that is needed in In- telehealth capabilities could use tele- unique and nonduplicable assistance to dian Country: an amount that is less mental health services in youth suicide urban Indians who face extraordinary than half of what we spend on the prevention and treatment. barriers to accessing mainstream health care needs of Federal prisoners. I also would like to speak to my sup- health care. Many Native Americans Tribes with the resources, try to make port of the Urban Indian Health Pro- are reluctant to go to health care pro- up the difference. In most cases, the re- gram, UIHP. It constitutes only 1 per- viders who are unfamiliar with and in- sult is an absence of health care. cent of IHS’s budget; however, 34 UIH sensitive to Native cultures. Urban In- In my State, the Mississippi Band of centers provide care for nearly 70 per- dian programs not only enjoy the con- Choctaw Indians has improved its cent of the Native American popu- fidence of their clients but also play a health care and the overall health of lation residing in cities. According to vital role in educating other health its population over the last 30 years. the 2000 Census, nearly 70 percent of care providers in the community to the But the sad fact remains that health Americans identifying themselves as unique needs and cultural conditions of care on the reservation is inadequate. having American Indian or Alaska Na- the urban Indian population. Urban In- For the 9,600 members of the tribe, tive heritage live in urban areas. dian health clinics also save costs and there are four doctors. The hospital has In my home State of Oregon, the Na- improve medical care by getting urban 14 beds. The approximately $8 million tive American Rehabilitation Associa- Indians to seek medical attention ear- the tribe spent last year is simply not tion of the Northwest, NARA, an urban lier; Provide care to the large popu- enough to cover the needs of the Choc- Indian health provider, has been in ex- lation of uninsured urban Indians who taw’s growing population. istence for over 37 years and provides otherwise might go without care; and According to Health Care Financing education, physical and mental health reduce costs to other parts of the In- Review—Summer 2004, Volume 24, services, and substance abuse preven- dian Health Service system by reduc- Number 4—the national health care ex- tion and treatment that is culturally ing their patient load. penditure average cost per person per appropriate to Native Americans and More than 30 years ago, President year was calculated at $5,440. Using the other vulnerable people. NARA is an Ford saw the great need and had the $5,440 estimate, the Mississippi Band of Indian-owned and operated nonprofit wisdom to sign into law the Indian Choctaw Indians Health Care System urban Indian health clinic that annu- Health Care Improvement Act. His sig- would need over $48 million dollars to ally serves over 4,000 people including nature was a promise made to Amer- cover the tribe’s health care costs. 257 tribes and bands, of which 25 per- ican Indians that the Federal Govern- From fiscal year 2000 to fiscal year cent are from Oregon. NARA’s health ment would work to improve their 2005, there was a 30.4 percent increase clinic delivers health care services to health status. That promise is one that in the number of patients from the tribal members from over half of the we must not back away from. Reau- Mississippi Band of Choctaw Indians federally recognized tribes that reside thorizing this act is a reaffirmation of who accessed the health care system. in about 30 States. Notably, NARA is a that commitment and proves that we During that same time period there grant recipient of the Garrett Lee understand there is work yet to be was a 41.4 percent increase in the num- Smith Memorial Act, which it uses to done to further improve Indian health. ber of ambulatory visits. serve Oregon’s tribes. Again, I am thankful to Chairman According to the CDC, 7 percent of The UIHP has been a fixture of the DORGAN and Vice Chair MURKOWSKI for Indian Health Care Improvement Act their leadership and for building on the Americans have diabetes. In compari- since its initial passage in 1976, prin- momentum from the last Congress to son, 20.5 percent of Choctaws have dia- cipally serving urban Indian commu- reauthorize the act. I hope that we can betes, one of the highest percentages of nities in those cities where the Federal swiftly resolve any remaining issues any tribe in the country. From 2000 to Government relocated Indians during and get this long-overdue bill signed 2005 there was a 62.3 percent increase in the 1960s and 1970s. Notably, the Fed- into law. the number of patients diagnosed with eral Government relocated thousands I would like to close my statement diabetes. of tribal members to Portland at that with a quote from Mourning Dove, the My point in telling the Senate these time. Although the UIHP overwhelm- literary name of Christine Quintasket, examples is, with adequate health care, ingly serves citizens of federally recog- a Salish tribal woman from the Pacific successful preventive care, appropriate nized tribes, it has the authority to Northwest now recognized as the first facilities, and more health care profes- serve other Native Americans, largely Native American woman to publish a sionals, lives would be longer and gen- those who have descended from the novel (1888–1936). ‘‘Everything on the eral health would improve. Federal relocatees. S. 1200 provides a earth has a purpose, every disease an Statistics for other tribes are simi- modest expansion of authority for the herb to cure it, and every person a mis- lar. Some include alarming incidences UIHP to engage in a wider array of sion . . . this is the Indian theory of of suicide, high infant mortality rates, health related programs, consistent existence.’’ and practically nonexistent mental with the many changes that have oc- There are indeed cures and treat- health care. curred in health delivery in the United ments for the maladies that dispropor- This bill includes provisions that pro- States since the IHCIA was last reau- tionately afflict Native Americans: di- mote better communication between thorized 16 years ago. abetes, alcoholism, and suicide. The tribes and the Indian Health Care Serv- Proposals to eliminate or even limit purpose and the mission of this bill is ice, in order to ensure effective admin- the UIHP within the IHS would have to connect those cures with those who istration of the programs meant to as- far-reaching and devastating con- need it the most—those who have sist the well-being of the American In- sequences. Urban Indian health clinics sought it the longest—and through dian population. report that the elimination of Federal chapters of our history, have a unique I urge my colleagues to vote for the support would result in bankruptcies, claim to those cures and treatment. Indian Health Care Improvement Act. lease defaults, elimination of services Mr. COCHRAN. Mr. President, I am a (At the request of Mr. REID, the fol- to tens of thousands of Indians who cosponsor of the Indian Health Care lowing statement was ordered to be may not seek care elsewhere, an in- Improvement Act, which provides up- printed in the RECORD.)

VerDate Mar 15 2010 22:12 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JA8.REC S22JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 22, 2008 CONGRESSIONAL RECORD — SENATE S63 ∑ Mr. OBAMA. Mr. President, I com- care services and to address other key ate and the proposal I put forward at mend Senator DORGAN and the Com- issues such as access and quality of the end of the last Congress, S. 4122. In mittee on Indian Affairs for their lead- care concerns. And these activities particular, the new version contains ership on the long-overdue Indian must be supported while honoring the language that would essentially au- Health Care Improvement Act, IHCIA, principle of tribal sovereignty. thorize the Indian Health Service to Amendments of 2007. The bill before us would enact much promote ‘‘reproductive health and fam- The historical treatment of Native needed advancements in the scope and ily planning’’ services. As my col- Americans is a tarnished mark on delivery of health care services to Na- leagues know, I have had a long- American history. Lawmakers must tive Americans. In particular, it au- standing policy against promoting ensure that this Nation fulfills its trea- thorizes a host of new health services, abortion as an acceptable form of birth ty obligations to Native Americans and makes crucial organizational improve- control, except in cases of rape and in- address the injustices that continue to ments, and provides greater funding for cest. I strongly believe that society be suffered by the first Americans. I facilities construction. Through schol- and government have a legitimate in- am committed to making sure that Na- arships, investments in recruitment ac- terested in protecting life, born or un- tive Americans are treated with re- tivities, loan repayment programs, and born. Obviously, my thinking on this spect, dignity, and equality both now grants to institutions of higher edu- question applies to the unborn children and in the future and to ensure that cation, IHCIA also takes steps to help of patients to the Indian Health Serv- promises made by this great Nation are increase the number of Native Ameri- ice. I cannot in good conscience sup- promises kept as well. As such, I be- cans entering the health services field. port the promotion of abortions at Fed- lieve it is this country’s moral impera- I am especially pleased that the bill erally funded IHS facilities or any Fed- tive to address the significant health addresses well-documented health eral facilities. I remain hopeful the bill disparities between Native Americans problems affecting urban Indian com- will be modified to allow me to sup- and the American population as a munities as well. This proposal pro- ports its swift passage. whole. vides grants and increased aid for dia- I am, however, supportive of the ma- Diabetes is perhaps the most striking betes prevention and treatment, com- jority of this bill which builds upon the example of such health disparities. munity health programs, behavioral principles of Indian self-determination. American Indians have the highest rate health training, school health edu- Over the years, Indian health care de- of diabetes in the world. The American cation programs, and youth drug abuse livery has greatly expanded and tribes Diabetes Association reports that programs in urban areas. are taking over more health care serv- American Indians and Alaska Natives I trust my colleagues will agree with ices on the local level. It is our respon- are more than twice as likely to be di- me on the critical need to address sibility to maintain support for these agnosed with diabetes as non-Hispanic health disparities facing the Native services and promote high standards of Whites, and the death rate from diabe- American community. I urge the Sen- quality health care for IHS and its tes is three times higher among Amer- ate to act quickly to pass this bill.∑ partner units. Among the items pro- ican Indians and Alaska Natives than ∑ Mr. MCCAIN. Mr. President, today vided in this bill are provisions explor- the rate in the general U.S. population. the Senate is considering S. 1200, the ing options for long-term care, gov- Yet these statistical averages mask the Indian Health Care Improvement Act, erning children and senior issues. It fact that certain tribal populations are IHCIA, Amendments of 2007. This bill also would provide support for recruit- experiencing epidemic rates of diabe- would reauthorize the IHCIA, the stat- ment and retention purposes; access to tes. About half of adult Pima Indians, utory framework for the Indian health health care, especially for Indian chil- for example, have diabetes. Even worse, system, which covers just about every dren and low-income Indians. Further, on average, Pima Indians are only 36 aspect of Native American health care. it would provide more flexibility in fa- years old when they develop diabetes, I would first like to acknowledge the cility construction programs, consoli- which contrasts to an average age of 60 hard work of Chairman DORGAN and my dated behavioral health programs for years for White diabetics. other colleagues on the Senate Indian more comprehensive care, and would Unfortunately, diabetes is not the Affairs Committee for their efforts to establish a Commission to study and only health condition that dispropor- bring this important legislation to the recommend the best means of pro- tionately affects American Indians. floor. Reauthorization of the IHCIA is viding Indian health care. Death rates from heart disease and critical to the lives of more than 2 mil- We must remember that nearly 30 stroke are respectively 20 and 14 per- lion American Indians and Alaska Na- years ago, Congress first enacted the cent greater among American Indians tives and is long overdue. IHCIA to meet the fundamental trust compared to the average U.S. popu- The IHCIA expired in 2000, and Indian obligation of the United States to en- lation. We know the infant mortality tribes and health organizations have sure that comprehensive health care rate is 150 percent higher for Indian in- been working diligently to see it reau- would be provided to American Indians fants than White infants. The rate of thorized. Seven years ago, a steering and Alaska Natives. Yet the health sta- suicide for Indians is 21⁄2 times greater committee of tribal leaders, with ex- tus of Indian people remains much than the national rate, and meth- tensive consultation by the Indian worse than that of other Americans. amphetamine use has ravaged Indian Health Service, developed a broad con- They have a shorter average lifespan, reservations all across the country. sensus in Indian Country about what higher infant mortality rate, and a Urban Indians are not exempt from needs to be done to improve and update much higher rate of diabetes than the these dire health challenges. In addi- health services for Indian people. Dur- national average. American Indians tion to facing higher than average ing the 109th Congress, we made sig- and Alaska Natives are 650 percent rates of chronic disease and mental nificant progress towards passing a re- more likely to die of tuberculosis, 770 health and substance abuse disorders, authorization bill. Unfortunately, the percent more likely to die of alco- urban Indians experience serious dif- Senate was unable to complete work on holism, and 60 percent more likely to ficulties accessing needed health care that bill before adjourning last Con- die of suicide. The suicide mortality services. Given that over half of the gress. rate among Indian youth is three times Native American population no longer I believe now as I did when I served that of the general population. reside on reservations, our efforts to as chairman of the Senate Indian Af- I have seen the hard reality of these improve Indian health and health care fairs Committee during the last Con- statistics in the families of Arizona must include explicit focus on the gress that reauthorizing our Indian tribes as well as tribes across the Na- urban Indian population. health care programs is a top priority tion. Methamphetamine addiction, dia- For these reasons, I am proud to be for us, and I hope that the Senate will betes, alcoholism, and heart disease are an original cosponsor of the Indian move a sound comprehensive bill epidemics devastating the Indian peo- Health Care Improvement Act. Our through the legislative process as ple. Our trust obligation dictates we tribal health care programs must be quickly as possible. However, there are address these health crises on reserva- modernized and prepared to provide some key and troubling differences be- tions, and I strongly support actions to preventive and chronic disease health tween the bill pending before the Sen- that effect. However, as I stated before,

VerDate Mar 15 2010 22:12 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JA8.REC S22JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S64 CONGRESSIONAL RECORD — SENATE January 22, 2008 using taxpayer money to promote abor- An individual who is served by IHS is ervations, just as those I represent who tion services is something I find highly 6.5 times more likely to suffer an alco- live off the reservations, want the same objectionable and will vehemently op- hol-related death than the general pop- thing: They want a better life for their pose. I strongly urge my colleagues to ulation. An individual served by an IHS children, for their grandchildren, for support efforts to strike these unac- facility is 50 percent more likely to future generations. They want to make ceptable provisions and enable this commit suicide than the general popu- sure they have security and there is bill, which is of critical importance to lation. adequate law enforcement and they do Indian country, to be approved.∑ I appreciate the time the Senate is not have to live in fear when it comes Mr. SANDERS. I suggest the absence taking to debate this bill and the seri- to the issues of crime. They want to of a quorum. ous health issues this bill hopes to ad- make sure their children have access to The PRESIDING OFFICER. The dress and correct. I especially thank quality education and a responsibility clerk will call the roll. the Indian Affairs Committee for work- that many of us take very seriously, The assistant legislative clerk pro- ing with me to help the Yankton Sioux ensuring and seeing to it that young ceeded to call the roll. Tribe of South Dakota keep the Wag- people, children on the reservation, Mr. THUNE. Mr. President, I ask ner emergency room open. Our delega- have an opportunity to learn at the unanimous consent that the order for tion from South Dakota has been very fastest rate possible, to go the quorum call be rescinded. working for some time in making sure through elementary and secondary The PRESIDING OFFICER. Without that members of the Yankton Sioux school and then on to higher education objection, it is so ordered. Tribe have access to emergency room if they choose to. Mr. THUNE. Mr. President, is the service 24 hours a day, which is criti- A number of the tribal colleges we pending business S. 1200, the Indian cally important. support in many cases suffer, again, Health Care Improvement Act Amend- The committee was very helpful in from a lack of funding. They also have ments of 2007? making sure that issue was addressed to have basic health care services, The PRESIDING OFFICER. That is in this authorization. I thank them for which is what this bill attempts to ad- correct. that help and appreciate their work in dress. Whether it is in the area of den- Mr. THUNE. Mr. President, I wish to working with us to that end. tal care, whether it is in the area of speak to that legislation. The Indian I also thank them for the work they basic primary care, speciality care, the Health Care Improvement Act is before have done to ensure that the Urban In- IHS facilities on the reservations suffer the Senate today and tomorrow and dian Health Program remains a viable from being unable to recruit and retain hopefully will be completed, and we and helpful program for Native Ameri- health care providers. Whether it is will be able to vote on some amend- cans who live off the reservation. physicians or dentists—and that is an ments and finally get this legislation I am also a cosponsor of an amend- issue we face as well—we need to make reauthorized because it is very long ment that has been offered by Senator sure we have the right incentives in overdue and the need for its completion VITTER. I reiterate my support for ex- place to attract health care providers cannot be underestimated. tending the Hyde language of this bill to serve in reservation areas. I represent nine tribes in my State of in preventing Federal funds being spent This bill, as it is currently struc- South Dakota, and in any given year, on abortions, except in cases where the tured, I believe, will help to address depending on the year we are talking life of the mother is at stake or in case that very basic expectation that all about, as many as five of those reserva- of incest or rape. people who live on reservations have, tion counties in South Dakota will be I also reiterate my support for Sen- and that is, when they have a need, in the top 10 poorest counties in Amer- ator BINGAMAN’s amendment. I am a they will have access to quality health ica. These are areas in my State that cosponsor of that amendment which care to address those needs. are struggling in so many different will extend Medicare payment rates to ways where many of the basic services all Medicare providers who accept IHS This bill will be debated again tomor- that those of us who live off the res- contracting agreements. row in the Senate, probably, I hope, ervations expect on a daily basis are This amendment hopefully will voted on sometime tomorrow so that just not available. stretch IHS contracting dollars even we can finally get this reauthorization One of the things that is desperately further and help reduce, even if it is bill through. It has been teed up for needed is access to health care, making only in a small way, some of the short- some time. sure there is quality health care avail- falls that currently exist. I appreciate the work the chairman, able to people on the reservations. This legislation goes a long way in Senator DORGAN from North Dakota, The Indian Health Care Improvement attempting to improve health care and Senator MURKOWSKI from Alaska, Act reauthorization has really been in throughout Indian country. However, the ranking Republican, have done to the works since 1999–2000. I think the we have to remember there is still bring this bill to the floor and, as I said 106th Congress was the last time this more, lots more, that we need to do, es- before, to work with us on issues im- issue was debated. We have been trying pecially in the area of tribal justice portant to South Dakota. since that time to get this bill on the and law enforcement in order to help I am also happy to cosponsor a cou- floor and get it reauthorized. It is a improve the lives of individuals who ple of amendments that I hope can be critical piece of legislation that is so live on and near Indian reservations adopted—the Vitter amendment and, important to the people whom I rep- throughout the country. as I said earlier, the Bingaman amend- resent and to tribes all across this Last year, I worked hard to improve ment, which will help make health care country and to Native American peo- tribal justice and law enforcement on more available and take the dollars of ple. Indian reservations, and I look forward the IHS and stretch them further when To give an example of what I am to partnering with my colleagues in it comes to contracting services. talking about, in South Dakota, be- the Senate to continue that fight this I urge my colleagues in the Senate to tween 2000 and 2005, Native American year to make sure we have adequate vote for this bill. This should be a big infants were more than twice as likely law enforcement personnel, that we bipartisan vote. If anybody cares seri- to die as White infants. Nationally, Na- have an adequate number of prosecu- ously about improving the quality of tive Americans are three times as like- tors so that when crimes are com- life on reservations in this country and ly to die from diabetes as compared to mitted, they can be prosecuted. But we addressing what are deep economic the rest of the population in the coun- have to address these very fundamental needs, it starts with some of these very try. issues if we are going to improve the basic services. It starts with law en- In South Dakota, a recent survey quality of life for people on the res- forcement security, it starts with edu- found that 13 percent of Native Ameri- ervations. cation, and it starts with health care, cans suffered from diabetes. This is As I travel the reservations in South and I think this bill takes us a long twice the rate of the general popu- Dakota—and I was at the Rosebud In- way in the direction of dealing with lation in which only 6 percent are suf- dian Reservation just this last week— the health care issues that affect so fering from diabetes. what strikes me is, people on the res- many of our tribes in this country.

VerDate Mar 15 2010 22:12 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JA8.REC S22JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 22, 2008 CONGRESSIONAL RECORD — SENATE S65 I hope my colleagues in a very big bi- He was also a man of strong opinions. him to move to Chicago because there partisan way will vote for this legisla- Our mutual friend, Congressman would be more opportunities for a tion, support it, and hopefully get it DANNY DAVIS of Illinois, once joked young black man. signed into law before this year is out. that John Stroger ‘‘would argue with a John Stroger had caught the polit- Mr. President, I yield the floor, and I signpost.’’ But he never held grudges. ical bug years earlier. After hearing a suggest the absence of a quorum. He was a real gentleman. speaker in Arkansas say that the elec- The PRESIDING OFFICER (Mr. He was also a champion for working tion of President Harry Truman would BROWN). The clerk will call the roll. families and the poor. As Cook County lead to full rights for African Ameri- The assistant legislative clerk pro- board president from 1994 to 2006, John cans, he had organized voters and tried ceeded to call the roll. Stroger opened doors of opportunity in to persuade them to pay the poll tax so Mr. CASEY. Mr. President, I ask government and business for women they could vote. unanimous consent that the order for and minorities and improved the coun- In Chicago, there was no poll tax, but the quorum call be rescinded. ty’s bond rating. there were other obstacles to full polit- The PRESIDING OFFICER. Without He made county government more re- ical participation for African Ameri- objection, it is so ordered. sponsive by changing the way commis- cans in the 1950s. Over the next four decades, John Stroger fought them all. f sioners are elected. He created a special domestic vio- In 1968, he was named Democratic MORNING BUSINESS lence court. committeeman for South Side’s Eighth Mr. CASEY. Mr. President, I ask And then there is the achievement of ward—the first African-American com- unanimous consent that there now be a which he was probably most proud: the mitteeman for that famous ward. Two period for the transaction of morning construction in the year 2002 of a state- years later, John was elected to the business, with Senators permitted to of-the-art hospital to serve the poor, Cook County Board. In 1994, he became speak therein for up to 10 minutes the uninsured, and the underserved of board president. He was running for his each. Cook County and the Chicagoland area. fourth term in 2006 when he suffered a The PRESIDING OFFICER. Without At a time when public hospitals stroke a week before the primary. objection, it is so ordered. across America are having to turn peo- John was my friend. The last picture ple away, John Stroger still believed we had taken together was at the St. f that every person deserved the dignity Patrick’s Day march, a legendary TRIBUTE TO JOHN STROGER and security of basic health care and march in Chicago. There was John, lifesaving medicine. with his big smile and big green sash, Mr. DURBIN. Mr. President, tomor- The Chicago Sun Times noted: standing next to me and Mayor Daley. row, the city of Chicago and Cook I am going to treasure that photo. I County, IL, will say goodbye to a leg- John Stroger was so much larger than life they did not even wait until he was dead to think it was one of the last taken of end. put his name on the Cook County Hospital John as a candidate. John Stroger was born into poverty he defied the critics to build. After he suffered a stroke, the Chi- in Arkansas at the start of the Great The John H. Stroger Hospital of Cook cago Tribune ran an editorial that Depression. He lived to become the County, IL, is just one way that the read, in part: first African American ever elected legacy of this remarkable man will If John Stroger ever anticipated a career president of the Board of Commis- continue to serve the people and city farewell, he surely saw himself shaking sioners of Cook County, IL. He lived to he loved for years to come. hands with everyone—his allies, his adver- be one of the most powerful politicians Mr. President, I remember when saries, the bypassers captivated if only for a in my home State. John Stroger decided that this hospital moment by one of the more genuine person- alities in Chicago politics. He died at 8 o’clock last Friday was going to be built. There were morning from complications of a scores of critics. Why in the world The Tribune went on to write: stroke he suffered almost 2 years ago would we want to build a hospital for But he likely didn’t anticipate a farewell. and from which he never fully recov- poor people? John Stroger knew the He wouldn’t have enjoyed those elaborate ex- ered. ercises in staged finality. Politics and gov- answer to that question. It was an an- ernance were his life; an intimate says the John Stroger was 78 years old. swer from his heart: Because that is Mayor Daley confirmed the passing prospect of retirement unnerved him. Even what America does. America cares for in this awkward moment, we know he leaves of John Stroger at a prayer breakfast the poor. America provides the poor in public office just as he occupied it: Without on that day when we were honoring Dr. Cook County and all across our Nation a grudge, without a complaint, and with pre- Martin Luther King. What a fitting co- with the same kind of quality care that cious few regrets. incidence. Dr. King had told us: we all want for our families. Those were the words of the Chicago Everybody can be great, because everyone John Stroger knew that. His battle Tribune, not always John Stroger’s po- can serve. for that hospital ended up in one of the litical friend. John Stroger spent his life serving. great success stories of public life in Il- The mayor and Members of Congress John Stroger was a grandson of linois. and the city council and even a former former slaves who believed in the John Stroger was born in 1929 in Hel- President of the United States have promise of America and believed that ena, AR—the oldest of four kids. His fa- praised John Stroger’s life and legacy government can and should be a force ther was a tailor, his mother worked as these past days—and rightly so. But I for progress. a maid. The family lived in a three- think the eulogy John Stroger would He was a man of compassion, integ- room shack with no electricity and no have liked best wasn’t offered by a pol- rity, great humor, and great political indoor plumbing. itician. skill. He used all of those qualities to John Stroger later described it for a Clyde Black runs a shoeshine oper- help others. Sun Times reporter when he said: ‘‘We ation in the City Hall-County Building He spent his political life breaking didn’t have any boots, and we didn’t complex in Chicago. Years ago, John down racial barriers and working to have any straps.’’ Stroger gave him a helping hand to lift up those who were less fortunate. He graduated from Xavier College in start his little business. As word of His lifelong commitment to serve those New Orleans in 1952 with a degree in President Stroger’s death spread last who struggle every day to find afford- business administration. He was proud Friday, Clyde Black told a reporter: able, quality medical care will cer- of Xavier to the last day I ever spoke He changed my life—made me a better per- tainly be his legacy. to him. He always spoke with great son. He’s someone we all dearly miss a lot. Many years ago, John Stroger be- pride about that college. He moved It is a sentiment I and many others friended me when I was an unknown back to Arkansas and spent a year share. candidate from Springfield with a few teaching high school math and coach- I offer my deep condolences to Presi- friends in the Chicago political world. ing basketball. When he came home dent Stroger’s family, especially his For me, John Stroger was more than one day, his mom had packed a suit- wife Yonnie. What a wonderful woman, an ally. He was a great friend. case. She told him she had arranged for by his side throughout his political life

VerDate Mar 15 2010 22:12 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JA8.REC S22JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S66 CONGRESSIONAL RECORD — SENATE January 22, 2008 and by his bedside as his illness lin- In the summer, members take advan- brary. He oversaw the movement of the gered on for years; their daughter tage of the 250-acre summer camp Library from the Capitol to the Russell Yonnie Clark; their son and my friend owned by the clubs. Located a short Building in 1999 and oversaw the design Cook County Board President Todd distance north of the Illinois-Wisconsin of the new Senate Library. More im- Stroger, his family; and their two border, the camp gives Chicago youth portant, he continued that same coop- grandchildren. America and the State an opportunity to experience and enjoy erative, helpful attitude that he had al- of Illinois have lost a great leader and the outdoors. ways displayed as a reference librarian. I have lost a great friend. This month, the Union League Boys As a result, he set a model of superior I yield the floor. and Girls Clubs realize a remarkable service for his entire staff. f achievement. For the first time in its Mr. President, I want to take this op- UNION LEAGUE CLUB OF CHICAGO 87-year history, the Clubs will enroll portunity to thank Mr. Harness for his the 10,000th member in a single pro- years of loyalty to the Senate, as well Mr. DURBIN. Mr. President, I wish to gram year. as his dedicated and distinguished serv- congratulate the Union League Club of Mr. President, I join the Chicago ice. And, I want him to know that my Chicago and its Boys and Girls Clubs. community in commending the Union staff and I will certainly miss him. I This month they celebrate an impor- League Club of Chicago and its Boys wish him happiness and success as he tant milestone. and Girls Clubs for outstanding com- enters the next phase of his life. The Union League Club of Chicago mitment to the welfare of the commu- was founded in 1879, adopting the f nity and for enriching thousands of motto ‘‘commitment to country and young lives—in the past, today, and for TRIBUTE TO MAJOR GENERAL community.’’ Throughout its long and decades to come. DONALD C. STORM distinguished history, the Union f Mr. MCCONNELL. Mr. President, I League Club of Chicago has maintained wish to honor a respected Kentuckian, a strong tradition of civic involvement. RETIREMENT OF GREG HARNESS MG Donald C. Storm, who has nobly Over the years, Club members have Mr. BYRD. Mr. President, on Janu- served the United States and Kentucky been a part of politics and society, ad- ary 31, 2008, the Senate Librarian, Mr. for 37 years. vocating on issues ranging from elec- Greg Harness, will retire. With his de- In 1970, General Storm enlisted in the tion reform to the death penalty. The parture, we will lose a dedicated, loyal, U.S. Army, serving with Military As- Union League Club of Chicago also and very important member of the Sen- sistance Command Vietnam. After 2 helped develop community support for ate family. years of Active Duty, he continued to cultural institutions as they were com- The Senate Library is a fundamental serve his country in the Kentucky Na- ing into the community, including Or- part of the U.S. Senate. Operating tional Guard. Years of accomplishment chestra Hall, the Field Museum, and under the direction of the Secretary of and experience earned General Storm the Harold Washington Library Center. the Senate, the Senate Library serves the appointment to Adjutant General In 1920, recognizing a critical need in as both a legislative and general ref- of the Kentucky National Guard by the community, the Union League Club erence library, and provides a wide va- Governor Ernie Fletcher in 2003. Re- of Chicago established the Union riety of information services to Sen- League Boys Club, a club designed to gretfully, after 37 years of service and ators and our staffs in a prompt and serve the large population of under- 4 years in that post, General Storm has timely fashion. It maintains a com- privileged children in Chicago. decided to retire. Because of his dig- Today, the club opens the doors of its prehensive collection of congressional nified and unwavering commitment to four Chicago area facilities to dis- and governmental publications and of the citizens of this country and the advantaged youth who are in commu- materials relating to the specialized Commonwealth of Kentucky, I stand to nities with some Chicago’s the lowest needs of the Senate. honor him today. educational attainment levels and The origins of this unique and impor- General Storm has served the Com- highest dropout and poverty rates. In tant institution date back to 1792, monwealth and its citizens in superb addition to providing wholesome social when the Senate directed the Secretary ways. He was an advocate for the de- and recreational opportunities, the ‘‘to procure and deposit in his office, struction of marijuana, supporting the Union League Boys and Girls Clubs the laws of the states, for the use of Marijuana Eradication Program; he offer a wide variety of structured pro- the Senate.’’ The first Senate Librar- oversaw a recruitment program that grams that emphasis character build- ian to be appointed was George S. Wag- exceeded its goals; and finally, he was ing and empowerment. ner, who officially commenced his du- a true leader and supporter of his The clubs provide a safe and inviting ties on July 1, 1871. troops. General Storm was known for refuge for young Chicagoans, free from In 1997, Greg Harness became the 17th his dedication to the care of his sol- the negative influences of drugs, gangs, Senate Librarian. A native of North diers and their families, celebrating and violence. Studies have shown that Dakota, Mr. Harness began work in the with them in times of victory and afterschool programs, like those of- Senate Library on October 20, 1975, as a mourning with them in times of loss. fered by the Union League Boys and reference librarian. He planned to work Storm has clearly proved himself a Girls Clubs, can reduce urban crime only a few years in Washington and man of honor and dignity who rep- rates by keeping teens off the streets then return to North Dakota to attend resents not only his country proudly and providing positive alternatives. law school. Fortunately, his plans but his State proudly. I wish General At each club, members are served changed. Storm and his family much happiness balanced snacks and meals and given Mr. Harness continued his employ- after retirement, and I ask my col- nutritional guidance they can use when ment in the Senate Library for the leagues to join me in honoring General not at the club. The clubs also provide next 32 years. As a reference librarian, Storm for his dedication, patriotism, an environment in which students can Mr. Harness was a wonderful and pleas- and willingness to give so much of him- tackle their homework, with assistance ant person with whom to work. He un- self for the good of his country and his when they need it and access to per- dertook every request, no matter how fellow Kentuckians. sonal computers. Not surprisingly, club large or small, how urgent or demand- Mr. President, recently the Lex- members average significantly higher ing, whether from the majority or the ington Herald-Leader published a story grade point averages than their peers. minority, and answered it effectively, about Major General Storm, ‘‘Gen- A full-time professional staff, as- professionally, and promptly. He al- erally Speaking; Retiring Guard chief’s sisted by part-time workers and volun- ways took that extra step to ensure mission: ‘Take care of the troops.’’’ I teers, provides high school students that the Senator or his staff member ask unanimous consent to have the full with career guidance and job training received the best, the most accurate, article printed in the CONGRESSIONAL to help young club members become re- and the most recent information. RECORD. sponsible citizens. Each year, the clubs As the Senate Librarian, Mr. Harness There being no objection, the mate- award scholarships to help members directed the administrative and profes- rial was ordered to be printed in the pay for college or trade school. sional operations of the Senate Li- RECORD, as follows:

VerDate Mar 15 2010 22:12 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JA8.REC S22JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 22, 2008 CONGRESSIONAL RECORD — SENATE S67 [From the Lexington Herald-Leader, Jan. 13, soldiers became an all-too-common part of Some House leaders, including Speaker Jody 2008] Storm’s job. Richards, attacked Storm’s comments as a GENERALLY SPEAKING; RETIRING GUARD ‘‘Sergeant Potter had died,’’ he recalled, ‘‘shameless, partisan diatribe.’’ The Louis- CHIEF’S MISSION: ‘‘TAKE CARE OF THE ‘‘and then it was just one right after an- ville Courier-Journal ran an editorial saying TROOPS’’ other.’’ Storm should be replaced as adjutant gen- It was particularly painful because Storm, (By Jim Warren) eral. through his many years in the guard, person- Storm maintains that his ‘‘whole deal’’ al- LEXINGTON, KY.—The pace of life is slower ally knew many of those who were lost. ways was ‘‘to take care of the troops.’’ these days around Donald Storm’s Elizabeth- ‘‘I’m going to admit that it took a toll on Nowadays, he believes the work and sac- town home. me,’’ Storm said. ‘‘I don’t think I fully un- rifices of the soldiers in Iraq are beginning to No more dashing to catch planes for Iraq. derstood how much of a toll it was at the pay off. He sees the decline in violence since No more late-night phone calls about sol- time. But it was the toughest thing I ever last summer as proof that ‘‘we have turned diers lost. No more need to put on the uni- went through . . . the losses of these soldiers the corner.’’ The question, he says, is wheth- form. and the tremendous sacrifices of their won- er the improvement can be sustained as U.S. After a 37-year military career, Storm, the derful families. I just grieved with all of troops sent over for the ‘‘surge’’ start return- former Kentucky adjutant general, is re- them.’’ ing home in coming weeks. learning civilian life. Storm, a native of Laurel County, began ‘‘I pray that we can sustain this,’’ he said. Storm had hoped to be retained as adju- his military career as an enlisted man, serv- ‘‘You never know in that part of the world tant general in the new administration of ing in Vietnam in 1971–72. He never planned because there are so many factions to deal Gov. Steve Beshear. But the governor chose to be a soldier—he says he just wanted to get with. to replace him with Brig. Gen. Edward W. a college education—but he quickly found ‘‘But, boy, it sure does look great now. And Tonini, 61, former chief of staff for the Ken- that he liked the regimentation and the val- if we can pull it off, it would be one of the tucky Air National Guard. ues of life in uniform. He joined the Ken- greatest accomplishments ever for world Storm could have elected to remain in uni- tucky National Guard after his Army enlist- peace . . . because the enemy we face is real. form, but that would have required him to ment ended. He was commissioned a first They want to destroy the western world and move to another state guard program with a lieutenant in 1981, beginning a steady rise all the freedoms we enjoy.’’ slot for someone of his rank, or take a post through the ranks. By the time Storm took Storm won’t be in uniform to see the vic- at the National Guard Bureau in Wash- over the top job, he had held virtually every tory he hopes for. But he says the biggest ington. But he chose retirement, and respite major post in the Kentucky Guard. thing he will miss is simply serving in the from the stresses and strains of commanding Storm sometimes sounds like a social phi- Kentucky National Guard. the Kentucky National Guard during its losopher when he speaks on the importance ‘‘The Kentucky National Guard is probably most difficult period in more than 30 years. of military service. the best Guard unit in America,’’ he says. Storm did not escape controversy during ‘‘Military power,’’ he says, ‘‘is one of the ‘‘That’s what some three- and four-star gen- his tenure, but is generally remembered for four types of power you must have to support erals will tell you. And it’s because of all working hard to support the troops he led. a nation state—information power, diplo- these great Kentuckians who have stood up, During his watch, the Kentucky Guard matic power, economic power and military particularly after 9/11, to serve the State and sent thousands of soldiers to Iraq and Af- power. The fifth common denominator is the the Nation. I’m so proud of the way they an- ghanistan, losing troops in both countries. It will of the people.’’ swered the call.’’ sent units to Louisiana to help in the recov- No one had to convince Storm that invad- ery from Hurricane Katrina, and dispatched ing Afghanistan and Iraq were the right f about 1,000 soldiers to help monitor the U.S.- things to do. He said he had seen the plight REPORT ON FOREIGN TRAVEL TO Mexico border in Operation Jump Start. Add of the common people in both lands and felt THE UNITED KINGDOM, ISRAEL, peace-keeping duties in Bosnia, and Home- that liberating them was a proper use of PAKISTAN, JORDAN, SYRIA, AUS- land Security assignments, and about 9,400 American force. Kentucky Army and Air National Guard He admits that he didn’t expect the war in TRIA, AND BELGIUM members were deployed over the course of Iraq to drag on this long, though he says he Mr. SPECTER. Mr. President, I rise Storm’s tenure—more than the entire mem- knew it would be ‘‘a long hard road’’ once to comment about a trip which I made bership of the state guard when Storm be- the insurgency kicked into high gear in 2004. over the recess during the period from came adjutant general. But he says he was never discouraged, even December 22 of last year to January 4 Storm was the guard’s chief of staff in De- when polls began to show declining citizen cember 2003, when incoming Gov. Ernie support for the war. of this year on travels which I under- Fletcher appointed him to be adjutant gen- ‘‘I could see the light at the end of the tun- took with visits to the United King- eral, succeeding D. Allen Youngman. nel, which was something that our people dom, Israel, Pakistan, Jordan, Syria, ‘‘Little did I know then that I would face here at home didn’t have the opportunity to Austria, and Belgium. some of the things I had to face,’’ Storm see,’’ he said. ‘‘I knew that if we stayed the The stop which Congressman PAT- said. course . . . that removing Saddam . . . would RICK KENNEDY and I made in Pakistan Sgt. Darrin Potter of Louisville, the first bode well for free people and the other coun- was an extraordinary visit, a shocking Kentucky National Guard member lost in tries in that part of the world.’’ combat since Vietnam, had died in Iraq Storm says he personally saw off every visit, and a visit at a time of great about two months before Storm’s promotion. Kentucky guard unit as it left for the war tragedy. Many others would follow during the next zone except one (he was on his way to Iraq On Thursday, December 27, Congress- four years. Officially, 15 Kentucky Guard himself at the time), and greeted every unit man KENNEDY and I were scheduled to members were lost in combat while Storm when it came home. He made eight trips to meet with Benazir Bhutto in was in command. He personally includes two Iraq, Afghanistan and Kuwait to visit Ken- Islamabad. She had set the meeting for others who were on inactive guard status tucky troops and encourage them. 9 p.m., at the end of a busy day of cam- when they were killed while working for pri- ‘‘I tried to make it my business to meet as paigning. While we were preparing to vate security firms in Iraq. Once a guard many of the soldiers as I could, and let them member, always a guard member, Storm be- know how much the people of Kentucky ap- go that night to an earlier dinner with lieves. preciated their service,’’ he said. ‘‘You know, the President of Pakistan, President Today, he admits that losing soldiers was it’s not about generals. It’s about soldiers Musharraf, and then plans to go on to the one part of his job he wasn’t prepared and airmen.’’ meet with Benazir Bhutto, we were in- for. Storm, however, drew some fire in April formed, within 2 hours of our planned The period from March through September 2005, after a Kentucky Guard member in Iraq meeting with Ms. Bhutto, that she had 2005 was particularly bloody, for example, went public with complaints that his unit been brutally assassinated. It was obvi- with six guard members killed in action. was saddled with old, inadequately armored That year also saw one of the Kentucky trucks. It happened shortly after a Kentucky ously a great shock, a great loss to Guard’s proudest moments, as members of guardsman died when a roadside bomb deto- Pakistan, obviously, a great loss to her the Richmond-based 617th Military Police nated near his vehicle. Storm responded that family, and really a loss to the world Company fought off a furious insurgent at- he didn’t agree with the soldier going outside because she had the unique potential to tack on a convoy at Salman Pak on March channels to raise a complaint, but that he unite Pakistan and to provide leader- 20, 2005. Three unit members, including a would work to get better equipment for ship in a very troubled country. woman, were awarded the Silver Star. One of Guard units in Iraq. Pakistan has nuclear weapons, and it them, Sgt. Timothy Nein, later received the The adjutant general found himself in hot is an ongoing matter of concern as to Distinguished Service Cross, the nation’s water again in March 2007, after an usual ap- second-highest military decoration. pearance in the State Senate, where he made whether those nuclear weapons are But displays of undaunted courage could a last-minute appeal in support of an in- being adequately protected. President never offset the pain of lost lives. Attending come-tax break for Kentucky military per- Musharraf assured us that they were. funerals and consoling the families of lost sonnel that was stuck in the State House. So did the Chairman of the Joint

VerDate Mar 15 2010 22:12 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JA8.REC S22JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S68 CONGRESSIONAL RECORD — SENATE January 22, 2008 Chiefs of Staff. And we accept those as- cause of the obvious concerns as to cerned with the succession of his son surances. But with Pakistan in a condi- whether security was involved or the than in completing the treaty. Only tion with militants there, there is al- kinds of conspiratorial theories which Israel can decide whether it is in ways the worry and concern, and it arise, whether there is any basis for Israel’s interest to give up the Golan, would be reassuring, comforting, if them. which is the central issue. there can be political stability in Paki- President Musharraf of Pakistan had But warfare is very different now stan. It is our hope that will occur with asked for assistance from Scotland than it was in 1967, when Israel took the oncoming elections. Yard. My own view is that was insuffi- the Golan Heights. The rockets are im- But whether Benazir Bhutto would cient because Pakistan would retain pervious to elevated spots such as the have emerged as Prime Minister, as the control of the investigation, but that Golan, and it is a very different stra- leader, remained to be seen. But cer- would certainly be a step in the right tegic concern. But as Prime Minister tainly she had extraordinary potential. direction. Olmert commented—and I quoted him Those who have seen her on television I supplemented that letter to the in the written statement—there are know she was a movie star, beautiful, Secretary General on January 17, 2008, very material advantages which could charismatic, and beyond those fea- with a suggestion that the United Na- come if Syria would stop supporting tures, a great intellect, educated in the tions put into operation a standing Hamas. It would promote the possibili- United States, at Radcliffe, of course, commission to investigate inter- ties of a treaty between Palestinian at Harvard, Oxford—a real intellectual national assassinations. The impor- President Abbas and Israel. If Syria and a real leader in the political tance of immediate action and inves- would stop supporting Hezbollah and sphere. Her father had been Prime Min- tigation is well known—to get to the destabilizing Lebanon, there could be a ister. She had been Prime Minister. scene, to preserve the evidence to the great advantage. Such a treaty would I had the opportunity to meet her maximum extent possible, and to ques- have the potential of driving a wedge some 20 years ago when my wife and I tion witnesses while their memories between Syria and Iran which would be visited her at her family home in Kara- are fresh and before they are poten- of value. chi. She was a very disarming young tially intimidated. Some of the doctors That is a very brief statement of the woman. When I took some pictures of who attended Benazir Bhutto reported extensive written report which I have her, she asked if I would send her cop- they had been told not to talk to the filed, and I appreciate it being printed ies. She said nobody ever sent her cop- media. I think these ideas are ideas in the RECORD, at the conclusion of my ies of pictures which were taken. I was which are worth pursuing. statement. I thank the managers of the surprised, really sort of amused, be- The composition of the standing pending bill for yielding this time, and cause she was on the cover of People commission would have to be very I conclude my statement by yielding magazine at that time. You only had to carefully thought through. There the floor. pick up most any magazine on the would obviously be exemptions for na- EXHIBIT 1 tions which are capable of carrying on stands and find a picture of a glam- STATEMENT OF SENATOR ARLEN SPECTER an investigation with the technical ex- orous, beautiful, talented Benazir REPORT ON FOREIGN TRAVEL TO THE UNITED Bhutto. pertise and which would have the con- KINGDOM, ISRAEL, PAKISTAN, JORDAN, SYRIA, I visited her when she was Prime fidence of the public, but I think this is AUSTRIA AND BELGIUM Minister in Islamabad in 1995. I dis- an issue which ought to be undertaken. Mr. President, as is my custom from re- cussed with her the possibility at that The Wiesenthal Institute has published turning abroad, I have sought recognition to time of having the subcontinent nu- the idea, full-page ads in the New York report on the recent trip I made overseas clear free. Senator Hank Brown and I Times, that assassination ought to be from December 22, 2007 to January 4, 2008. carried a message from the Prime Min- classified as a crime against humanity. UNITED KINGDOM ister of India, Prime Minister Singh at That, too, is an idea, in my opinion, On the morning of December 23, the delega- that time, to have the subcontinent which ought to be pursued. But the les- tion which included my wife Joan, Rep- nuclear free. Then I had seen her from sons learned and the pain and suffering resentative Patrick Kennedy, Christopher Bradish, a member of my staff, Colonel time to time in Washington. Beyond which comes from the assassination of a great leader such as Ms. Bhutto Gregg Olson, our escort officer and Captain any doubt, she had the power to and Ron Smith, our doctor and me, departed the potential to be a great leader in ought to be studied. We ought to look from Washington Dulles International Air- Pakistan and the great potential to be to the future to be sure that where port for London, England. After a flight of a stabilizing force. there are recurrences—and regrettably, just over 7 hours, we arrived at London I learned after she was assassinated, it is highly likely there will be Heathrow Airport. The following morning we according to members of her own recurrences—that we profit by that ex- departed for Tel Aviv, Israel. party, that she had planned to give perience. ISRAEL Congressman KENNEDY and me some In addition to traveling to Pakistan, We arrived in Tel Aviv on the evening of documentation about the likelihood of Congressman KENNEDY and I visited in December 24. We were greeted at the airport vote fraud. I have sought information Israel and in Syria. We talked to Prime by Rachel Smith our control officer from the on those matters. Minister Olmert in Israel. We talked to embassy. President Bashar al-Asad in Syria. The following morning, I was briefed by I ask unanimous consent that at the DCM Luis Moreno and Political Counsel conclusion of my statement, the full Both are national leaders and both ex- Marc Sievers on the latest developments in text of a lengthy 40-page report be pressed a desire to have a peace treaty. the region. The country team stressed that, printed in the RECORD, together with It is very difficult to assess the possi- prior to the Annapolis conference, tension in copies of the letters which I have sent bilities by talking, even with the prob- the region was high. The team informed us to her family and to her political allies ing questions, because it depends so that Prime Minister Olmert and President making inquiries about the informa- much on a matter of trust. But I think Mahmoud Abbas have good chemistry and tion on vote fraud which reportedly she it is worth noting that back-channel that the leaders remain optimistic that an negotiations have been undertaken. A agreement can be reached in 2008. We dis- was interested in turning over to Con- cussed some of the prevalent matters in the gressman KENNEDY and me. report has appeared in the Arabic press region including the situation in the Gaza The PRESIDING OFFICER. Without and specified in my written statement strip, the dynamic between Fatah and objection, it is so ordered. but has not appeared, to my knowl- Hamas, the Paris conference, the security (See Exhibit 1.) edge, in the American press. We do situation in Israel and the political outlook Mr. SPECTER. With the assassina- know Israel and Syria came very close for the region. Following the briefing, we de- tion of Ms. Bhutto, it seems to me to an agreement in 1995, until Prime parted for a meeting with Israeli President there is a need for an international in- Minister Rabin was assassinated, and Shimon Peres. vestigation. By letter dated January 2, then again brokered by President Clin- Having traveled to Israel 25 times during my tenure, I had come to know many of before returning to the United States, I ton near the end of his term in 2000. Israel’s leaders including President Shimon wrote a letter to the Secretary General They came very close to an agreement, Peres. I asked the President for his thoughts of the United Nations urging that there when it was reported that Syrian on how to break the cycle of violence and be an international investigation be- President Hafez al-Asad was more con- hate that reigns in the region. He provided

VerDate Mar 15 2010 22:12 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JA8.REC S22JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 22, 2008 CONGRESSIONAL RECORD — SENATE S69 his candid assessment of the prospects for program and more importantly that we do he will work with the Israelis to reach a peace but stressed that nothing can be solved not know if Iran restarted its efforts. deal. He expressed his concern over Israeli without cooperation, a strong commitment In addition to talking about unilateral ac- settlement activities and the negative im- to economic improvement which entails the tions, Netanyahu recommended that we pact this could have on the process. creation of jobs in addition to aid money and work with the Europeans and form a unified President Abbas informed the delegation the tangible benefits of changing the eco- front with Russia. He stressed the impor- that Hamas’ popularity was subsiding but nomic situation and the impact that has on tance of ‘‘turning back the momentum’’ do- that they are still receiving assistance changing people’s lives. President Peres stat- mestically and internationally to combat through tunnels and border crossings. ed it was critical to support Abu Mazen and Iran. Should these not be blocked, money and develop the West Bank. I asked Netanyahu what can be done to weaponry still can flow to Gaza. While this I asked Peres on the prospects for future break the cycle of violence and hatred. He type of activity harms the process, he indi- dealings with Syria. The President said said this is a battle between modernity/ cated that humanitarian aid must flow to Syria should make a choice: Lebanon or the globalization and militant Islam and that Palestinians residing in the West Bank. Golan. If they meddle in Lebanon, the this ‘‘culture of death’’ with nuclear weapons The delegation pressed Abu Mazen about Israeli’s will not discuss Golan and that all could lead to catastrophe. Militant Islam, anti-Israeli Palestinian decrees and ex- other issues are secondary. according to Netanyahu, works by brain- pressed that these are not acceptable. The I pressed President Peres on Iran and what washing individuals. The information and President responded emphatically by saying, he thought should be done. He stated that economic revolution could be the best weap- ‘‘I am the head of the PLO, I am the head of the U.S. needs a united, coherent policy to on against this ideology as a form of com- Fatah and I am recognizing Israel and we combat President Ahmadinejad’s policy of bating brainwashing. Following our meeting want peace.’’ enriching uranium. He complimented Presi- with Netanyahu, we departed for a meeting Congressman Kennedy asked President dent Bush in showing courage, but that the with Former Prime Minister and current De- Abbas about comparisons to the successful capacity to build a coalition was absent. fense Minister, Ehud Barak. peace talks in Ireland and the prospects for Peres did not express great alarm about Iran I had met with Barak when he was in transferring some of the mechanisms em- as he believes that the world will not allow Washington, DC attending the Annapolis ployed to the Middle East. Abu Mazen said the Islamic Republic to acquire nuclear conference. He provided me an update on there are elements that can be utilized espe- weapons. I asked if there were any lessons Israeli security service actions and intel- cially in the arena of people to people pro- from our diplomatic engagement with North ligence gained since we last spoke. I asked grams. Korea to which he responded by highlighting the Defense Minister to provide his views on Salaam Fayyad shared his gratitude for the benefits of diplomatic and economic ef- breaking the cycle of violence and hatred the pledges made in Paris and informed us that debt is being paid and the economy forts. and his outlook for the region. Barak be- I mentioned to Peres that we would be lieves that we cannot reshape but can guide showing signs of improvement. He cited that traveling to Pakistan and solicited his and offer a path of more opportunity. He ex- hotel occupancy rate is near 100 percent thoughts. He believes that religious fanatics pressed his support for strengthening mod- which is up from 5–10 percent earlier this in the region are a massive problem for the erates like Abu Mazen and Salaam Fayyad year. He expressed his desire for imple- government and that the U.S. should not and that he is more optimistic dealing with menting larger infrastructure projects and a force Pakistan and its leaders to be an Amer- these leaders than he was when serving as reduction in Israeli restrictions, such as ican democracy—a theme that would con- Prime Minister dealing with Yasser Arafat. I check points, which hinder businesses. We concluded our meeting and returned to Jeru- tinue in our meetings in Pakistan. He did asked him about coming close to an agree- salem. not believe that the situation between Paki- ment in 2000 with Chairman Arafat. Barak On December 25, we had a morning meeting said the gap may have been narrow, but it stan and India would lead to war but that it with Prime Minister Ehud Olmert. The was very deep. is imperative that Pakistan secure its nu- Prime Minister requested I brief him on de- clear arsenal—something with which I When asked about Lebanon and Syria, Barak said Syria continues to destabilize velopments in the United States and our strongly agree. views towards the region. Olmert asked President Peres suggested that oil is our Lebanon. He pointed to the recent assassina- about the U.S. role in moving forward with great enemy: It finances terror, makes a tion of Francois El-Hajj, who was expected Syria and if anything can be done given their mockery of democracy, negatively impacts to be Lebanon’s new Army commander in meddling in Lebanon. I told him I thought the environment, and undercuts ideological chief should General Michel Suleiman take there is a chance based on the progress made over as President. Barak believes that Syria foundations. He called for increased efforts in 1995 and 2000. I told him of my discussions would not stand to see the deputy elevated to pursue alternatives to fossil fuels. in Washington, DC with Syrian officials and When asked about his view on our engage- and that Syria wants a government that will that they expressed their interest in talks. I ment in Iraq and Afghanistan, Peres stated request the U.N. to halt its investigation in told him I thought that the status of the that we have no choice but to combat radical the Hariri assassination—an attack that Golan Heights would be the crux of the nego- extremism and those who think modernity some suspect was orchestrated by Syria. tiations. will end. He elevated the struggle to one of When I asked Barak about his peace efforts Olmert told me he is prepared to negotiate those in the modern world versus those who while serving as Prime Minister with Syria, with Syria but that it is a long process that are not able to deal with the fact that he indicated that there was an opportunity, needs to mature and that Syria must deliver, science has replaced them. He pointed to the but Hafez Assad was more concerned about not just talk. I pressed Olmert about what fact that you cannot find an Israeli hospital his son’s succession than peace. actions he had taken and who would make without an Arab doctor. And even an Israeli On Iran, Minister Barak reiterated that the first move. I reminded Olmert that who will not hire an Arab has no problem the information between U.S. and Israeli in- Henry Kissinger said it took 34 negotiating with one operating on him with a knife. telligence is 95 percent the same, but that sessions with Hafez Al-Assad to get an agree- When discussing our bilateral relationship, different interpretations persist. Barak ex- ment. Peres said: ‘‘The less we need America, the pressed concern over Iran’s hidden program Prime Minister Olmert said the National more friendly our relations will become.’’ and that they are not likely to cooperate. I Intelligence Estimate on Iran was not help- President Peres ended the meeting by ex- asked about getting Russia to assist and ful in efforts to combat Iran’s suspected nu- tending an invitation for us to come back to President Putin’s offer to handle part of clear weapons program. When asked if he Israel for the sixtieth anniversary of Israel. Iran’s fuel cycle. Barak stated that Russia thought they stopped in 2003, Olmert replied, We left the President’s office for our next wants to see the U.S. squeezed right now but ‘‘I don’t know.’’ He expressed his hope that meeting at the Knesset with former Prime that we must engage China and Russia if we U.S. intelligence based its findings on solid Minister and Likud party leader, Benjamin want to have success on this front. We de- facts. Netanyahu. parted the Knesset for our next meeting with Olmert, like Netanyahu, stated that if The focus of our discussion with President Mahmoud Abbas and Salaam they have enough uranium they can do ev- Netanyahu and Zarman Shoval centered on Fayyad in the West Bank. erything else needed to make a weapon in Iran. He expressed his support for continued On Christmas Eve, we loaded in our convoy short order. Nevertheless, Olmert stated that economic pressure in the form of sanctions bound for Bethlehem in the Palestinian-con- we must carry on impressing upon Iran to and pension fund divestment. He reported trolled West Bank. Security was tight as we change their course. that U.S. states divesting from companies, left Jerusalem and entered the West Bank I requested specifics on how to confine mostly European, doing business with Iran is with security personnel lining both sides of Iran’s nuclear weapons program to which having an impact. Netanyahu concluded that the street every 100 yards. Upon arrival we Olmert cited the usefulness of economic Iran’s building of long range weapon plat- were greeted by Salaam Fayyad, the well-re- pressure such as sanctions. He expressed dis- forms and its increased centrifuge activities spected, western-educated finance minster, pleasure that the debate has been confined to leaves it with very little left to do to obtain with whom I’ve had a relationship for some two options: Military action or acquiescence. a nuclear weapon. A theme in my discussions years. I asked Abu Mazen about the status of The Prime Minister said he will raise alter- with Israeli officials, in Washington, DC and talks and prospects for peace. He shared his natives with President Bush during his Janu- Israel, is that our Nations don’t differ on the optimism and informed me that he would be ary 2008 visit. facts but we do differ on the interpretation. meeting with Prime Minister Olmert in two Representative Kennedy asked Olmert He was not convinced that Iran halted its days. He described 2008 as precious and that about the Gaza-Hamas-Egypt nexus and the

VerDate Mar 15 2010 22:12 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JA8.REC S22JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S70 CONGRESSIONAL RECORD — SENATE January 22, 2008 problems associated with smuggling. Olmert democracy in the Middle East will defeat Al and control structures in place to ensure the confirmed that the movement of money, Qaeda and if negotiations between Israel and weapons do not fall into the hands of mili- weapons, to include anti-tank and anti-air the Palestinians fail, Osama bin Laden wins. tants. He informed me that there is a struc- missiles, and terrorists across the Philadel- He expressed his optimism that a deal can be ture in place that ensures that there can be phia line is a major concern. He indicated reached in 2008 and that both sides are pre- no rogue launch of nuclear weapons as the displeasure with Egyptian acquiescence on pared for peace. He stated that there needs President, Prime Minister, Foreign Minister, this front and said that he had raised his to be a package deal and both sides know ex- Defense Minister and the service chiefs all concerns with President Mubarak and that actly what the other wants—Israel wants no have to approve usage. he would be dispatching Defense Minister refugees and security and the Palestinians I expressed my desire to see the Indian sub- Barak to Egypt the following day to follow want Jerusalem and land. continent denuclearized—a matter I had up on these issues. On the issue of Iran, Saeb said that Iranian taken up with the Prime Ministers of India I asked the Prime Minister about the re- nationalism cannot be overlooked when ap- and Pakistan over a decade earlier. Majid in- ported ‘‘offer’’ from Hamas for a ceasefire. proaching Tehran. He expressed frustration formed me that Pakistan had made such an Olmert said that no offer was made, but over anti-Israeli comments made by Presi- offer to India but that it was rejected. Paki- rather a journalist reported receiving a call dent Ahmadinejad: ‘‘When he says he wants stan claims its arsenal is an insurance policy from Hamas indicating an interest and that Israel off the map, he is killing me!’’ He can- against the much larger Indian force and the media subsequently played it up. He not comprehend why Iran would support that they do not have regional ambitions. questions the logic of negotiating with Hamas in Gaza and pointed out that Abu India not only looks at Pakistan but looks Hamas as all it would do is provide Hamas an Mazen has been invited to Tehran nine times east towards China and would not likely give opportunity to re-arm and Israel would get and never responded. He suggested that Iran up their arsenal with such a neighbor. China nothing. He made clear his stance that he is wants a deal and is willing to make one with would be unlikely to surrender its weapons not inclined to negotiate with a group who the U.S. or international community. given the considerable arsenals of Russia and wants to kill Israelis and refuses to recog- Saeb closed by indicating that progress on the United States. nize the state. the Syrian-Israeli track would be beneficial I expressed my concern over Iran’s nuclear On the Israeli-Palestinian track, Olmert to the Palestinian-Israeli track. The fol- activities and ambitions. Majid indicated stated that Abbas and Fayyad recognize lowing morning we drove from Jerusalem to that Pakistan did not have a problem with a Israel and want to make peace and are seri- Tel Aviv en route to Pakistan. peaceful program but that they object to high levels of enrichment. Any military ac- ous, committed partners. When we discussed PAKISTAN tion against Iran, Majid said, would com- breaking the cycle of violence and hate in We landed in Islamabad, Pakistan on the the region, Olmert pointed to Abbas as an pound problems in Pakistan. He suggested night of Wednesday, December 26 and were bilateral talks between the U.S. and Iran as example as someone who changed, became a met by our control officer Jason Jeffreys. legitimate political leader and sees things the path leading us out of this dilemma. The following morning, we met with I told Gen. Majid of my great concern over differently than he did 30 years ago. How- Hamid Karzai, President of Afghanistan, in the situation in Pakistan, the political cri- ever, the question if the two sides can agree his hotel room. President Karzai was in sis, the removal of members of the judiciary on outstanding issues in unknown. He be- Islamabad for officials meetings. President and the imprisonment of citizens. I told him lieves reaching an agreement in 2008 is pos- Karzai stated that U.S. efforts in Afghani- there was great concern in the United States sible but that implementation would take stan are working, roads are being built, and talk of altering U.S. aid to Pakistan’s more time. economies are being turned around and military. Majid asked us to remember that I pressed the Prime Minister about the set- schools are improving. Pakistan is not the U.S. and that their de- tlements controversy raised in the media I pressed President Karzai on the prospects mocracy and institutions are not as strong and directly by the Palestinians. He ex- for victory over the Taliban and Al Qaeda. as ours. He asked us to review the actions plained that he has established a complete He stated that he and President Musharraf taken by the Chief Justice as he claimed he moratorium on new settlements, but that had focused on this issue in their meeting was acting beyond his jurisdiction. Israel can build on plans previously approved earlier and that it was a priority. Karzai Following our meeting with Gen. Majid, we at current sites. We departed the Prime Min- stated that the Taliban is not a long term were received by President Pervez Musharraf ister’s office for our next meeting with For- threat in Afghanistan as they have no pop- at his palace. He expressed his satisfaction eign Minister Tzipi Livni. ular support. The President stated that more with bilateral relations but indicated that I called on Tzipi Livni to get her perspec- must be done to address the sanctuaries, stopping the military cooperation would neg- tive on the Israeli-Palestinian track, Syrian- training grounds and madrasas. atively impact the relationship. I pressed Israeli track and broader regional matters. I asked Karzai about the prospects of Musharraf on the reported misuse of aid and Livni believes Abu Mazen and Salaam catching Osama bin Laden. The President overcharging on reimbursements. The Presi- Fayyad are sincere in their goals for peace told me that he will not be able to hide for- dent objected to the characterization of his and in refraining from using terrorism. She ever and that sooner or later he will be government’s actions claiming that all re- supports the approach of strengthening prag- caught. quests are analyzed, mutually agreed upon matic Palestinians like Abbas and Fayyad. I asked President Karzai about Iran’s pur- and submitted. She went so far as to say that Salaam suit of nuclear weapons. He stated that nu- I asked Musharraf about his efforts to com- Fayyad is a determined person in this proc- clear weapons in the region bring pride and bat terrorism. He generalized about his gov- ess and has exhibited real courage. a sense of security. He stated that Iran and ernment’s efforts to combat the Taliban and I asked the Foreign Minister about eco- the U.S. should open a dialogue, talking pays Al Qaeda. He indicated that actions in Af- nomic development for the Palestinians and and that no one can benefit from confronta- ghanistan have led to an overflow of trouble- the strategy to elevate their situation. She tion. makers in western Pakistan. When I asked if said development was important but that we Following our meeting with President he will catch Osama bin Laden, he responded should not look to it as the sole source to Karzai, we departed for the embassy for the that he, ‘‘can’t say for sure, but we should.’’ bring about change. Minister Livni stated country team briefing led by Ambassador He claimed he does not have the forces re- that Israel cannot afford another terrorist Patterson. quired to search and police some of the areas state, a real partner in peace must be found The delegation, including Ambassador Pat- he may be hiding. and the only way to achieve a Palestinian terson, departed the embassy to our next I informed the President that we want state is through negotiations, not terror. She meeting with General Tariq Majid, Chairman transparency in Pakistan and events such as appreciated the rights of Palestinians and of the Joint Chiefs of Staff. General Majid’s removal of the Chief Justice cause grave the impacts of security measures, but stated headquarters are located in Rawalpindi—the concern. I told Musharraf responded by say- that Israelis have a right not to live in fear same part of Islamabad where Benazir ing Pakistan has various pillars of govern- and endure terror. Bhutto would be killed later that same day. ment like the U.S. but that their institu- That afternoon, the delegation met with I pressed Gen. Majid on Pakistan’s efforts tions are not as strong and capable as those Saeb Erekat, the Palestinian’s chief nego- to combat Al-Qaeda and locate Osama bin in the U.S. He indicated that the Chief Jus- tiator. I had met with Saeb in the past and Laden. He indicated that he does not know tice had acted inappropriately and that his found him to be an intelligent and insightful where he is but that Pakistan should be able activities included corruption, kickbacks player on understanding the conflict. to find him but that it must be an integrated and inappropriately using his influence, Saeb informed me that the Israelis and and combined effort with U.S. support. which would not be tolerated in the United Palestinians have ‘‘matured’’ and that there I expressed my concern over the problems States. Musharraf stated the Chief Justice is a genuine need for the peace process. He in the FATA region and asked what is being was doing an injustice to Pakistan, inter- expressed his view that the sides are in done to combat the issues plaguing that re- fering in various cases in other courts, ac- agreement on 70 percent of what a pact gion and the country. He responded by tell- tively campaigned in political rallies, trav- would entail but that no outside country can ing me that for many years, Pakistan did eling with his own masked security detail finalize a deal—it must be done by the not have access to the tribal belt but that and interfering with the executive branch in Israelis and Palestinians—it must be done by military forces were now engaged—100,000 ac- privatization matters which had led to Paki- Olmert and Abbas. cording to Majid. stan’s recent economic success. Saeb and I talked about the broader Middle I told the General of my concern over When I pressed Musharraf on the rationale East and regional conflicts. He believes that Pakistan’s nuclear arsenal and the command of imposing martial law, he stated that the

VerDate Mar 15 2010 22:12 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JA8.REC S22JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 22, 2008 CONGRESSIONAL RECORD — SENATE S71 government was weakening, economy declin- of this puzzle, in that you were planning to monies are going in the right direction. We ing and terrorists rising and that it was meet with her at 9 p.m., at the time there. expressed concern about what is happening needed to maintain stability. He stated that SPECTER: Well, Benazir Bhutto was a with the supreme court here. We expressed most people that were detained had been re- very prominent person this year, the leader concern about the state of emergency, but leased. We departed the Presidential Palace of a major party; had a real opportunity to that has been reversed. for a working lunch at the Ambassador’s res- become Prime Minister, a brilliant woman The elections are going forward and he is idence to further evaluate and discuss the with a family background. Her father had our best hope there. It is not a perfect situa- issues confronting Pakistan and our bilat- been Prime Minister. She had been Prime tion. Nothing is. But we have to utilize the eral relationship. Attendees included Ambas- Minister twice. government which is here to help stabilize it sador Patterson, General Helmly, Peter She had a lot of popular support, and she and to move forward. Bodde, Candace Putnam, Jason Jeffreys and was the first woman Prime Minister of Paki- HALL: All right, Senator Arlen Specter the delegation. stan and a very prominent woman inter- from Islamabad. On the afternoon of December 27, we re- nationally, sort of, the symbol of modernity, Thank you very much, Senator, for your ceived word in our control room that there so that it’s a tremendous loss, and we. . . time, just on the very day you were expected had been an incident at a political rally for HALL: And what do you think is the . . . to meet with former Prime Minister Benazir Bhutto. Thank you, Senator. Benazir Bhutto. As we were preparing for a SPECTER: . . . we can’t let the terrorists Just before midnight on the night of dinner hosted by President Musharraf we got win. We have to rebound and we have to be sure that democracy moves forward in Paki- Bhutto’s death, we ventured back out into word that she had possibly been injured and the city to go to Bhutto’s local headquarters was taken to the hospital. As I headed to the stan. HALL: But Senator, we’re looking at the to pay our respects. We met with her sup- elevators, Chris Bradish, my deputy, in- porters, gave our condolences and laid flow- formed me that Benazir had died. I had images out of Pakistan, and I don’t want to paint a picture bleaker than it is, but cer- ers beneath a photo of her. known her for nearly 20 years. We were We were scheduled to travel to Lahore the tainly, immediately following the assassina- scheduled to meet with her in her home at 9 following morning to meet with Chaudhry tion, people spilling out into the streets p.m. that night—in approximately 3 hours. Pervaiz Elahi and Mian Shahbaz Sharif and blaming, some of them, anyway, Pervez I received many calls and e-mails from the visit a USAID project. After the State De- Musharraf—quite a picture of instability. U.S. requesting information on the situa- partment consulted with the Pakistani gov- What needs to happen, in your opinion, being tion. Below is a transcript of a phone con- ernment, it was recommended that our dele- there? versation I had with MSNBC: gation cancel the planned trip to Lahore due SPECTER: Well, it is easy to blame people, HALL: On the phone with us now is Sen- to the deteriorating and uncertain security but it’s premature. There has to be an inves- ator ARLEN SPECTER, who is in Islamabad situation. The following morning we left tigation. There has to be determination, to and was, according to what I’m being told, Chakala Airfield for Amman, Jordan. the extent possible, as to what happened. expected to meet with Benazir Bhutto some- When you have an assassination, this sort SYRIA time tonight. Senator, are you there? of a violent act, you have to expect people to On Saturday, December 29 we departed SPECTER: I am. Congressman PATRICK be erupting in the streets. But there will be Amman for Damascus, Syria. Upon arrival at KENNEDY and I were scheduled to meet with a tomorrow. There will be elections here. We Allama Iqbal International Airport, we were Benazir Bhutto this evening. We were sched- have to assert the democratic process and we greeted by CDA Todd Holmstrom and offi- uled to go to a dinner with President have to move forward. cials from our embassy Pamela Mills and Musharraf. We had met with President We cannot let the crazy suicide bombers Katherine Van De Vate. This trip was my Musharraf earlier today and, en route to the take over the world. And that is our job for 17th visit to Syria. dinner, about ready to go, we heard the trag- tomorrow. We proceeded to a working lunch with Mr. ic news. HALL: And still very early into this break- Holmstrom where we discussed the situation HALL: And how did you learn the news, ing news, Senator—again, to update our au- in Syria, Lebanon, Israel and the greater re- sir? dience, we are following developments in gion. Following our lunch we departed for a SPECTER: Watching CNN. We heard, first, Pakistan in the assassination of former meeting with Foreign Minister Walid al- that there had been a suicide bomber at- Prime Minister Benazir Bhutto. Senator Mouallem. tempt, that Benazir Bhutto was OK. Then we Arlen Specter was expected to meet with her I provided him with a copy of Haaretz heard she’d been hurt, critically, and then this evening. which published the headline: ‘‘Olmert Says the news came in that it had been fatal. Senator Specter, the impact—so many peo- Ball is in Assad’s Court.’’ HALL: And tell us a little bit about what ple are wondering, with Pakistan being so [From Haaretz, Dec. 26, 2007] you were planning to meet with her regard- crucial to this war on terror, that there may OLMERT: BALL ISINASSAD’S COURT ing. We know that Hamid Karzai met with perhaps be a vacuum in that country, now, (By Barak Ravid) her, as well as Pervez Musharraf, on the se- with the assassination having taken place curity issue concerning the border of Af- Prime Minister Ehud Olmert sent a mes- and this could offset all of the work, the $10 sage to Syrian President Bashar Assad yes- ghanistan and Pakistan. What was the focus billion that’s been put into Pakistan and the of your meeting? terday saying he was still waiting for a Syr- support of Pervez Musharraf since 9/11. ian response on the likelihood of renewing SPECTER: Well, Congressman Patrick SPECTER: Well, we are not going to allow negotiations between the two countries. Kennedy and I are in the region. We had been this incident, tragic as it is, to upset the to Israel on our way to Syria. And we had Olmert met yesterday with U.S. Senator very important work at hand. You have the Arlen Specter (Republican-Pennsylvania), meetings with President Musharraf today, Pakistani government working with the and we also saw Afghanistan President who will travel tomorrow for meetings with United States government. They have been Assad’s government. Specter is a big sup- Karzai, who just coincidentally was in town. allies of ours. And we had a meeting with former Prime porter of resuming dialogue with Damascus. We have not been pleased with some of the Much of yesterday’s meeting addressed Minister Benazir Bhutto this evening at nine things that they have done, like having the Syria. During the meeting, Specter asked o’clock Pakistan time, and it was scheduled chief justice under house arrest or having an Olmert whether he wanted to further the then because she had a full day of cam- emergency suspension, which has been elimi- diplomatic process with Syria. Olmert said paigning. nated. that for the past few months he has been ap- And our concerns are about what is hap- But the elections are going forward and we praising whether negotiations could be re- pening here, the stability; what’s happening are going to rebound from this event and do sumed through mediators. with the supreme court; what’s happening what is necessary to defeat the terrorists ‘‘I am still evaluating the Syrian track and with our fight against terrorism, our efforts and to have the democratic elections. We are the degree to which Damascus is serious to capture Osama Bin Laden; and what is not going to give in. about [a peace process],’’ Olmert said. ‘‘I happening to the very substantial funding And we will rebound, and stability will be have not stopped the assessment, but so far the United States has put in here; what the restored after the outbursts which are I have not received a clear answer and I am prospects were for the election. present tonight. It may take some time, but still waiting.’’ I’ve known Benazir Bhutto for the better we’re going to win. Officials in Jerusalem added yesterday: part of two decades, having been visiting her HALL: Senator, do you have confidence in ‘‘Even though Olmert did not ask specifi- in Karachi back in 1988 and when she was Pervez Musharraf and the job that he’s done cally that his message be relayed to Assad, Prime Minister in 1995. And we were looking and doing? we assume that it will be raised during forward to talking to her to get to her eval- SPECTER: I do have confidence. When [Specter’s] talks in Damascus.’’ uation on whether the elections would be Congressman Patrick Kennedy and I met Specter also met with Foreign Minister honest and open, and to get her sense of the with him today, we raised a number of our Tzipi Livni and discussed Syria. situation. concerns in a very candid discussion. Livni did not reject the possibility of re- HALL: And what did you think her—the We are concerned that the substantial U.S. newing negotiations with Syria, but said impact that she played while, of course, she funding be directed toward the specific pur- there was a series of issues troubling Israel. was alive, with her opposition group, and poses of fighting terrorism. And we are ‘‘The Syrians need to show that they are now with her assassination? Obviously, you checking to see if some of it might have been willing to contribute something toward gain- felt that she was important, a critical piece diverted. But by and large, we think the ing the release of the abducted soldiers in

VerDate Mar 15 2010 22:12 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JA8.REC S22JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S72 CONGRESSIONAL RECORD — SENATE January 22, 2008 the Gaza Strip and in Lebanon, or express Following our meeting at the Ministry of napolis meetings were a significant step for- willingness to end the smuggling of weapons Foreign Affairs, we attended a dinner hosted ward. President Bashar al-Assad had the to Hezbollah, so that we will know that they by the embassy. Civil society leaders were in courage to go there representing Syria, are serious,’’ Livni said. attendance and shared their wide array of meeting with the Israelis, meeting with the This would ‘‘make it easier for us to con- views on the region and U.S. Syrian rela- Palestinians, a meeting attended by Presi- sider negotiations with them,’’ she added. tions. dent Bush, a meeting with the invitations According to an annual assessment pre- The next morning we met with President coming from the Secretary of State, pared by the Foreign Ministry’s research of- Bashar al-Assad. He reiterated what the For- Condoleezza Rice. A very important factor is fice and presented to the Knesset Foreign eign Minister told us of the steps needed to present when President Bush has signified Relations and Defense Committee, ‘‘Damas- bring Israel and Syria closer to the table. He his willingness to participate and interest in cus is interested in a settlement with Israel, stated that there must be U.S. involvement. becoming involved in the Mideast peace but only on its terms and with American in- I told him it would be beneficial to use the process, and that is a significant change as volvement.’’ momentum and attention of Annapolis to to what has been for the first seven years of According to the report, Assad understands show the region, the U.S. and the world that his Administration. that the current American administration is Syria was interested in peace. Assad said he To give you just a little insight into U.S. unwilling to negotiate with him on his was more optimistic about the potential for political activities, with the Congress in the terms, so he is ready to wait until 2009, when success on a Syrian-Israeli agreement after hands of the Democrats; I’m a Republican; a new president is in the White House. Annapolis than before. Congressman Kennedy is a Democrat. But in Walid told me that during Speaker I told Assad that it would be beneficial to the United States, as you may know, Con- PELOSI’s visit, she brought a message from take positive action to show that he is seri- gress is separate. We have separation of pow- Olmert and President Assad responded only ous about peace and that Syria is not med- ers, and we speak independently; even to have Israel deny it made such an overture. dling in Lebanon. I also told him that Syria though the President is of my party, it is the We agreed that certain conversations must would benefit by cooperating with the U.S. tradition of Senators to be independent. But remain out of the press and remain private. on intelligence sharing. Assad told me that what has happened is that the President’s Mouallem outlined a plan he believes crit- there must be political cooperation first— domestic agenda has not been successful be- ical to pushing ahead with the Israeli-Syrian sending an Ambassador to Syria and refrain- cause of the division of power. He had ideas track including Israeli withdrawal from the ing from negative rhetoric would be a good for social security reform, tax reform, immi- Golan and return to the June 4, 1967 borders. first step. gration reform, and that is not productive Walid stated that, based on prior discussions I pressed Assad on the case of missing now. So he is in a position to turn his atten- dating back to 1995, 95 percent of a prospec- Israeli soldiers. He indicated that he had spo- tion to international affairs. tive deal had been agreed upon. ken to Hezbollah and asked them to release There is the potential for a victory for the I said it was good that Syria sent rep- the Israelis but that Hezbollah was waiting President. It would also be a victory for resentatives to Annapolis; and added that for a response from Israel on a prisoner swap Syria if Syria could regain the Golan Olmert was waiting for a signal from Syria. proposal. He said he believed Hezbollah was Heights. It would be a victory for Israel if I pressed him on Lebanon and told him it ready to make a deal and Syria was willing there could be a peace treaty. Right now, was my view that the International Commu- to take messages between the two. He stated Syria and Israel continue to be in a state of nity as well as the United States does not ac- that Egypt was working on the release of the war. Now the President is not going to spend cept that Syria does not have a role in Leb- soldier held by Hamas in Gaza. On the case his time unless there is a realistic possibility anon and that this relationship has a nega- of Ron Arad, Assad stated that he had no in- that something can be worked out, that it tive impact on U.S.-Syrian as well as Israeli- formation on what happened to him. can be fruitful. But he is available, I think, Syrian relations. When I asked Assad about the request for to help on the Palestinian-Israeli track, and Walid stated the need to create a climate a new U.S. mission, he stated that Syria the Syrian-Israeli track can go forward at for peace. Walid stated that French Presi- needed a year to facilitate the development the same time. dent Sarkozy asked President Assad to help of the requisite infrastructure. Assad said It is not to say that there are not prob- elect a president in Lebanon. The Foreign that he was disappointed with the slow lems. Lebanon continues to be a major prob- Minister highlighted the importance of hav- progress but that that bureaucracy had been lem which we all know about. Whether it is ing a consensus candidate and the difficulty the cause of the delay. right or whether it is wrong, there is the of ruling by majority in Lebanon. He stated Following our meeting with President international perception that Syria has that Syria agreed to work with the French Assad, we met with Syrian opposition leader great influence, if not control, in Lebanon. provided that the goal be a consensus unity Riad Seif. Seif shared with us his ongoing Again, I say I make no judgment on the government, not majority rule, the U.S. re- bout with prostate cancer and the difficulty point. I am citing what I think to be the main neutral and France would not back any he has had with the Syrian government lim- international perception. And it would be party. The Foreign Minister provided me iting his ability to seek treatment. Seif said very important if the efforts of Syria and with a document which was presented to the he needs to travel outside of Syria to receive France working together can find an answer Lebanese on the path forward. He stated that the most advanced care which is currently to the Lebanese issue. Congressman Kennedy Syria’s work was done and that it was in not available in Damascus. We discussed his and I discussed this, at some length, last Lebanon’s hands to chart the course forward. activities and those of the National Council I asked him about the prospects of a night in a very long meeting, an hour and a which includes over 160 members and was half, with Foreign Minister Walid al- prompt resolution of the stalemate. Walid formed on December 1. We discussed the told me that the Syrians and French had Moallem and again to some extent with plight of those who have been imprisoned President Bashar al-Assad today. There are been working for 45 days trying to find com- and the repressive acts of the Syrian govern- mon ground. In the end, according to Walid, problems with Hamas and Hizbollah, and ment. again there is the perception that Syria the outcome depends on what the majority The news conference which Representative will give the minority in terms of minister could be helpful in those, in those matters. Kennedy and I had at the Damascus airport So it is overall a very complicated picture. posts. summarizes our meetings in Syria: When I pressed him on Syria’s actions to I’ve been coming to this region, as you may destabilize its neighbor, the Foreign Min- SENATOR ARLEN SPECTER AND REPRESENTA- know, for a long time. I made my first trip ister responded, ‘‘We are not destabilizing TIVE PATRICK KENNEDY REMARKS TO PRESS here in 1984, been here some 16 times. [I] met Lebanon, we are directly impacted. We have AT DAMASCUS INTERNATIONAL AIRPORT nine times with President Hafez al-Assad, 250,000 Lebanese as the result of last sum- PRIOR TO DEPARTURE DECEMBER 29, 2007 and now seven times with President Bashar mer’s conflict with Israel, we have 500,000 SENATOR SPECTER: Good afternoon la- al-Assad. It is different this year. It is dif- Palestinian refugees and we have 1.6 million dies and gentlemen, Congressman Kennedy ferent this year from what it was last year. Iraqi refugees.’’ and I had a very productive, lengthy meeting It is my hope that the parties will seize the The Foreign Minister emphasized he did this morning with President Bashar al- moment. not approve of the U.S. holding the Israeli- Assad, and it is my custom not to quote di- Let me yield now to my distinguished col- Syrian track or improved U.S.-Syrian rela- rectly; obviously President Assad speaks for league. tions hostage to the issue of Lebanon. He himself. We had a meeting in the past sev- CONGRESSMAN KENNEDY: I want to say specifically asked that the U.S. not deal with eral days in Jerusalem with Israeli Prime it is an honor to be here. We had a very good Syria only through the lens of Lebanon, Minister Olmert, and again I choose not to meeting with the President, and I was very Hamas and Hezbollah. quote directly, but to give you impressions pleased that the President, when we brought The Foreign Minister rejected my com- as to where I think the situation stands with up the issue of Syria’s moving towards a plaints that Syria was supporting Hamas and respect to the potential for a Syrian-Israeli more representative democracy because of Hezbollah. He said that weapons to Hamas go peace treaty. the fact that the President was very clear through Egypt and that only 20 members of It is my sense that the time is right now, that the kind of American democracy that Hamas were in Syria. He said that resump- and the prospects are very good that the Syr- we have, a Jeffersonian democracy, does not tion of Syrian cooperation on intelligence ians and the Israelis are in a position to pro- necessarily work here in the Middle East. He with the U.S. would depend on better U.S.- ceed to have a peace treaty. I say that be- pointed to the fact that Iraq and Lebanon Syrian relations. cause of a number of factors. One is the An- are perfect examples.

VerDate Mar 15 2010 22:12 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JA8.REC S22JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 22, 2008 CONGRESSIONAL RECORD — SENATE S73 I did say, ‘‘Well then, what does work, will be a party to broker conversations. But, QUESTION: The question is there was a where people can have a voice in their gov- this is going to have to evolve step by step Moscow version of Annapolis to discuss ernment?’’ He suggested that a coalition from what has happened at Annapolis and Syria-Israel peace track and to talk about government, where various people, based what the sense is in Jerusalem today and the Golan Heights, and is the Israeli govern- upon the representation of their tribal group what my sense is in Damascus today. ment committed to that? or ethnic group, can speak through their co- Later today I will be in touch with officials SENATOR SPECTER: Well, the question alition, could have a representative govern- in the White House in Washington and also as to whether the Israeli government is com- ment. And I said, ‘‘Well, to that degree then, with officials of the Israeli government in mitted is something only the Israeli govern- is Syria moving towards that regard?’’ He Jerusalem to tell them the conversation ment can answer and it will require the said: ‘‘Well, that will take time.’’ And I said, with President Bashar al-Assad and my sense evolving discussions. I believe the inference ‘‘Well, is it then your policy to jail people as to what ought to be done next. is clear that Israel understands that if there who are outspoken politically to your re- QUESTION: Ziad Haider for Los Angeles is to be a treaty, that the Golan will have to gime? Particularly the Foreign Minister said Times. Senator, could you please elaborate be returned to Syria. I believe that that is it was not the policy of Syria to jail political on your role? Do you have a specific role be- the overhang. Has Prime Minister Olmert opponents, only to jail people who were re- tween the Syrians and the Israelis? Are you told me flatly that he is prepared to give the lated to foreigners in opposing Syria. And so an official mediator between the two sides? Golan Heights back? No. We did not get into I asked about the National Council, the Da- SENATOR SPECTER: What is my role? that detail, but the whole process would not mascus Declaration, because recently they The foreign policy of the United States Gov- make any sense unless Syria gets back the were all detained and put in jail, and they ernment under our Constitution is carried Golan. Now there is going to have to be a are not related to any foreigners. So I asked out by the Executive [Branch]. The Congress working out of the fine lines. There is a ‘‘Why were they put in jail? And have they has very substantial authority on the appro- question about the June 4, 1967, boundary. been, would they be released?’’ and the Presi- priations process, on control of the military, There are questions about security when the dent said that they would be released if they on the authority to declare war, so Congress Golan goes back. There are questions about have not already. I gave him the names, I has very extensive responsibilities. Do I have confidence-building measures. But I think it read the names, and he said they all are re- an official role in the government? is accurate and conclusive to say that Prime leased. Could you read the names? QUESTION: Do you have a personal role? A Minister Olmert wants to have a peace trea- Akram al-Bunni, Walid al-Bunni, Ali specific personal role as a mediator? ty with Syria. Prime Minister Olmert is pre- SENATOR SPECTER: Well, I have de- Abdullah, Fidaa Khourani, Mohammed Yas- pared to do what is necessary, in a reciprocal scribed for you what my undertakings have ser al-Eitti, Jaber al-Shufi, Ahmed Toumeh. arrangement, to get it done. been. They have been to talk to Israeli The President said they were released. The QUESTION: Asaaf Aboud, BBC in Arabic. Prime Minister Olmert and other Israeli offi- President assured me personally that they Senator Specter, you mentioned in your cials—Netanyahu, Barak, and Perez—and to were released. He assured me personally that briefing that this visit is different from pre- talk to President Bashar al-Assad and also they had already been released. Yes. And I vious visits. In what aspect is it different? to Foreign Minister Walid al-Moallem. And had the chance also to meet with Riad Seif, Have you reached a specific breakthrough in to convey to President Bashar al-Assad what and I want to say that when I go back to the terms of the Syrian-Israeli peace track, for conversations I had with Prime Minister United States, I am going to nominate Mr. example? Olmert and the others and I will now convey Seif for the Robert F. Kennedy Human SENATOR SPECTER: Well, it is different the conversations back to the Israeli offi- Rights Award, named after my uncle Robert in many ways. When I was here in 1995 and cials. Kennedy. That award is given to a person QUESTION: Senator Specter and Congress- 1996, Netanyahu was Prime Minister, there who has put their life in jeopardy on behalf man Kennedy, what was the content of your had been some conversations about Prime of human rights. As all of you know, Mr. conversations with President Assad and For- Minister Netanyahu holding Syria respon- Seif’s life, he was in jail for standing up for eign Minister regarding the American steps sible for what was going on with Hizbollah. I human rights; his son was incarcerated and with regard to Lebanon, what steps they are carried a message to President Hafez al- has never reappeared. He is fighting on be- going to take in that regard? Are there any Assad and it was, there were disagreements. half of the 19,000 people who have dis- deals which have been talked about? Can you A year ago, Israeli Prime Minister Olmert appeared and never reappeared again. I just confirm that? said he was interested in talks, but did not don’t know anything more frightening than SENATOR SPECTER: Congressman Ken- have the intensity of interest that he has being taken away in the middle of the night nedy and I talked at length with Foreign now. Annapolis is a big change. President and not knowing whether you are ever going Minister Walid al-Moallem and again today Bashar al-Assad had the courage to go in a to return to your family again. to some extent with President Bashar al- difficult situation and made progress. Now, And for all of you to know, I say this to my Assad. We are looking for an answer there. most of all, as I explained at some length, own government when they are wrong as Congressman Kennedy referenced the fact President Bush is willing to participate. To well. I say it all over the world wherever that we understand that it is not possible to have the President of the United States in- there are problems, and certainly when there have the same kind of democracy in Lebanon volved is a big plus if the parties will take are problems at home I write letters about like we have in the United States, that what advantage of it. It is a very different atmos- my own government’s mistreatment of they are looking for is a consensus democ- phere today, in Damascus, in Jerusalem and human rights. So it is universal wherever it racy, that you can’t have the majority gov- in Washington. Big difference. is. I would hope that someone over here ern the country effectively, but with all the Let me see how many more questions are would speak up on my behalf if they were various factions, there has to be a consensus. there? I don’t want to cut anyone short, but over in my country, just as I would hope that Foreign Minister Walid al-Moallem gave to I’ll know long my answers will be. One, two, I could speak up on someone else’s behalf if Congressman Kennedy and me a document three questions. I were over in their country, because it which the Syrians and the French have QUESTION (Elaph): This is a question for doesn’t matter what country we are in; we agreed to as the basis for adjusting the situa- Representative Kennedy. You mentioned are all human beings. We are not Syrians; we tion and going forward with elections in Leb- that regarding the Damascus Declaration de- are not Americans; we are human beings anon. With respect to Israeli Prime Minister tainees, that you expressed concern over first, and we ought to be treated as human Olmert, we talked about Lebanon to some their human rights, et cetera. And you did beings. extent, but Israel does not factor into being mention in your statement also that you are QUESTION: Khalid Ouweiss from Reuters: a determinative factor there. Prime Minister willing to accept somebody from Syria to Senator Specter, what is the next step to re- Olmert is concerned about Hizbollah, con- criticize the violation of human rights in the sume peace negotiations between Israel and cerned about potential Syrian support for United States. The lady is from Elaph News Syria? What needs to be done? Have you Hamas, but the answers in Lebanon are Agency, or website; she is saying that the heard of any compromises on both sides? Can going to have to come through the efforts of Syrian opposition have, they interpret, they you tell us in forthright and certain terms the Lebanese themselves with the assistance are critical of foreign intervention in local what needs to be done and when and when do of Syria and France. politics here, even on the human rights level. you expect it to be done? QUESTION: Lina Sinjab, BBC World News: They would understand that if an American SENATOR SPECTER: The next step will Senator Specter, you mentioned, you talked writer or a journalist would be critical of the be the arrival of President Bush in the Mid- about the importance of getting Syria and human rights situation here, but they view dle East in the course of the next week to Israel back to the peace track and Syria’s at- with caution the intervention of foreign offi- ten days. And the focus will be on the Pales- tendance in Annapolis was provided to have cials in the local political scene, the same tinian-Israeli track. But I think there will a Moscow version of Annapolis to talk about way as a Syrian official would not interfere also be an opportunity to get a sense for the Syrian-Israeli peace track. Are the in the local political scene in the U.S. What what is happening in the region more broad- Israelis committed to that? Is Olmert’s gov- would be your comment to that? ly, including the Syrian-Israeli track. The ernment committed to attend the Moscow CONGRESSMAN KENNEDY: That makes parties are going to have to initiate, or con- version of Annapolis and what is going to no sense. The greatest human rights people tinue talks through intermediaries. It is my happen next? in the world have their voice because they hope, really expectation, that at some point SENATOR SPECTER: The question is, is transcend political boundaries of any nation when some preliminary progress has been Olmert committed to the peace track and state. They are human beings. They speak to made that the United States government what will happen next? the human consciousness that is universal.

VerDate Mar 15 2010 22:12 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JA8.REC S22JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S74 CONGRESSIONAL RECORD — SENATE January 22, 2008 We are not Syrians, [or] Americans; there’s morning and spent some very quality time matter of national pride and is a lucrative the great Niemuller quote after Auschwitz: together. trade. ‘‘First they came for the Catholics, and I Thank you very, very much. When solicited about his views on Presi- wasn’t a Catholic, so I did not speak up. We departed directly from the meeting for dent Putin’s idea to have Russia handle Then they came for the laborers, and I the airport en route to Vienna, Austria. Dur- Iran’s nuclear material, he stated that Iran wasn’t a laborer, so I did not speak up. Then ing the flight, I had to opportunity to brief did not reject it but that they wanted their they came for the Jews, and I was not a Jew, National Security Advisor Hadley on my vis- own capability. He suggested that an accept- so I did not speak up. Then they came for its to Pakistan, Syria and Israel. Because able security structure must be negotiated me, and there was no one left to speak up.’’ the connection was not good, I called Hadley with Iran to deter them. The DG agreed that QUESTION: You talk about the return of from Vienna on a hard line for a more exten- it is not acceptable for Iran to have nuclear dialogue between Damascus and Washington. sive discussion. weapons and that his job was to verify that But we know that such a dialogue should be the program is clean and under IAEA inspec- conducted through diplomatic channels, at AUSTRIA tions. least this is the level which is a reasonable Upon arrival in Vienna, we were met by I pressed him on Iran’s devious behavior in level. But as we know, there is no American Michael Spring, our control officer and the past to conceal nuclear efforts and asked ambassador to Damascus. So have you been Christian Ludwig, a foreign service national. if we can ever be 100 percent sure. He stated talking about the possibility of returning an The following morning we traveled to the that you can never be 100 positive but that American ambassador to Damascus? U.S. embassy for a country team briefing. he thinks Iran has things to tell him and SENATOR SPECTER: The issue about a Vienna is a unique location in that the U.S. that he has told them they should come U.S. ambassador to Damascus, I think, in has multi-missions: one to the Austrian gov- clean. the eyes of President Bush turns on Lebanon ernment, the OSCE and the United Nations. The Director General suggested that direct today. The Ambassador was withdrawn when CDA Scott Kilner led the briefing which in- U.S.-Iranian negotiations should begin im- the assassination of Prime Minister Harari cluded representatives from the FBI, DHS mediately to resolve the impasse. The U.S. [Hariri]. I think that is a decision which only and the United States Military. In all, the and international community need to under- the President can make, and I believe that U.S. has 24 government agencies represented stand what the nuclear issue means to Iran he is not yet ready to make it, but perhaps— in Austria. We discussed the problem, one with respect to its position in the region and it’s his decision, I’ll emphasize—when things which is not only faced by the State Depart- the world, that there needs to be an under- improve, an ambassador will come back. ment, that there is not enough funding for standing of the repercussions and that it QUESTION: You talked about Netanyahu certain government bodies. must be done in a manner that allows all in the previous visits you did. But do you We discussed Austria’s role in the inter- sides to save face. feel after this visit that the current Israeli national community and more specifically We discussed Secretary Rice’s precondition government is willing to return the Golan their identity in Europe, their relationship that the U.S. would only meet with Iran if Heights in return for a peace treaty with with the EU, their bilateral relationship they halt enrichment. He said there must be Syria? with the Czech Republic and their views on middle ground to bring the parties together SENATOR SPECTER: Well, I repeat that I nuclear energy and missile defense. The on this issue. He emphasized that sanctions do not speak for the Israeli government. I group noted that Austria is currently cam- alone won’t resolve the situation and only started off by saying it is not my practice to paigning for a seat on the UN Security Coun- makes people more hawkish. Iran’s conceal- quote President Bashar al-Assad or to quote cil. We discussed terrorism, the IAEA, ment of its R&D program, according to the Israeli Prime Minister Olmert or to quote Kosovo, energy security, Afghanistan and Director, led to a confidence deficit in the anybody, but to tell you what my impres- the changing demographics of Europe. We international community. sions are from the extended conversations discussed the situation in Iran and our mis- I asked about the capabilities of an inspec- which we have had. But we know that in sion’s efforts to process and assist Iranian tion regime given Iran’s substantial size. He confirmed the need to have a robust 1995, when Prime Minister Rabin negotiated refugees. for Israel with President Hafez al-Assad, the Following the country team briefing, I verification system on the ground. Baradei deal was to return the Golan. We know that briefed Secretary of State Rice by telephone stated that the Additional Protocol to the when Prime Minister Barak negotiated in on some aspects of our discussions in Syria. Nuclear Non-Proliferation Treaty (NPT) was the year 2000 with President Hafez al-Assad, I met with Dr. Ferdinand Trautmannsdorf, helpful but that Iran stopped implementing the deal was to return the Golan. There was the Director of International Legal Affairs it. The Additional Protocol was the result of some disagreement as to precisely where the and Thomas Mayr-Harting, the Political Di- an IAEA initiative to better constrain NPT member-states’ ability to illicitly pursue nu- line would be on the June 4, 1967, line. rector of the Austrian Foreign Ministry. The The core of any agreement, I think, is ac- clear weapons after secret nuclear weapons officials were very interested in my recent cepted that the Golan is going to have to programs in Iraq and North Korea exposed travels especially the situation in Pakistan. come back. But only the parties can speak weaknesses in existing agency safeguards. We had a substantial discussion about Iran, for themselves. Forty years later, it is a very That effort eventually produced a voluntary to include the impact of the NIE in Europe. strategic difference. You have rockets; you Additional Protocol, designed to strengthen I pressed them on Austria’s significant stake have very different issues of security than and expand existing IAEA safeguards for in OMV, an Austrian industrial firm which you had 40 years ago when the Golan was verifying that non-nuclear-weapon states- has dealings with Iran. They responded by taken by Israel. I think it is fair and accu- parties to the nuclear Nonproliferation Trea- saying that the government does not have rate to say, in a very complex context, that ty (NPT) only use nuclear materials and fa- if there is no Golan return, there is no deal. the ability to influence OMV—a statement cilities only for peaceful purposes. He stated That is the core of the deal. Then there has with which I disagreed strongly. that the Protocol gives him a good handle on On January 2, 2008, we met with Geoff to be reciprocity. But nobody from the Iran’s nuclear program in that it provides United States, including the President, can Pyatt from our mission prior to our meet- access to additional facilities and informa- speak for Israel or for Syria. That’s why it is ings at the United Nations. We discussed the tion. important that the parties come forward at IAEA and the issues surrounding Iran’s nu- We discussed other issues confronting the this time. I do not believe there will be a clear program. Middle East such as the Palestinian question time this opportune, after Annapolis, and in We departed the hotel for our meeting with and Pakistan. I expressed my concern over the last year of a presidency where the Presi- Dr. Mohamed El-Baradei, the Director Gen- the controls Pakistan has on its nuclear ar- dent has so many domestic problems, that he eral of the International Atomic Energy senal. Baradei agreed with my assessment has time and interest in coming to the Agency (IAEA). I had spoken to Dr. Baradei and stated his first concern is those coun- Israel-Palestinian issue and the Syrian- about two months before by telephone when tries that already possess weapons. In the Israeli issue. he extended an invitation to me to visit him case of Pakistan, he stated his concern about Congressman Kennedy and I thank you for in Vienna to discuss further the issues sur- those weapons falling under militant con- your attention. The presence of a free press rounding Iran’s nuclear ambitions. trol. is very, very important in our society, and Dr. Baradei shared his view that the Mid- Following our meeting with Dr. Baradei, Congressman Kennedy has spoken about our dle East is in disarray and almost in civil we met with the United Nations office on interest in human rights. He spoke very elo- war. I asked him about his views on Iran and Drugs and Crime. Dr. Thomas Pietschmann quently about that issue. Officials have a his concept of seeking a ‘‘confession’’ from from the Research and Analysis Section and standing to talk about human rights, as well them on their nuclear agenda. He stated that an expert on Afghanistan, Mr. Jean-Luc as journalists. You journalists have unique the problems between the U.S. and Iran go Lemahieu, an Afghanistan expert and Mat- standing, but so do officials. But we admire back to 1953 with the CIA’s intervention, the thew Nice, a synthetic drug expert provided what you are doing and your efforts in reign of the Shah and the embassy hostage a detailed brief on the UN’s efforts globally spreading the word as to what Congressman situation and that these events have led to with a focus on Afghanistan. We discussed Kennedy and I have said today. We hope distrust and a lot of emotion on both sides. the patterns and trends in illicit drug pro- we’ll be helpful in getting the word out that Iran’s rationale for going underground with duction, trafficking and abuse. The group something very constructive can be done its nuclear program was that they could not provided significant data on cultivation, soon. do it above ground. The Director General eradication and supply and demand. Fol- One final comment: Mrs. Assad and my stated that Iran does not want to rely on lowing the briefing we flew from Vienna to wife Joan had a very pleasant meeting this others to enrich uranium and that it is a Brussels, Belgium.

VerDate Mar 15 2010 22:12 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JA8.REC S22JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 22, 2008 CONGRESSIONAL RECORD — SENATE S75 BELGIUM According to a January 1, 2008 article in American Revolution Center on a 78- On January 3, we met with Victoria The Guardian, you told reporters, ‘‘That’s acre parcel of land that is within the Nuland, the U.S. Ambassador to the North what she was going to explain to the U.S. federally authorized boundary of Val- Atlantic Treaty Organization (NATO). We Senators.’’ ‘‘We have a lot of evidence that ley Forge National Historical Park but discussed a wide range of topics to include the government is involved in rigging. It was not owned by the National Park Serv- NATO’s involvement in Afghanistan, the going to be discussed on that evening.’’ I am very interested in examining any material ice. The 78-acre parcel is part of a larg- NATO-Russian dynamic, NATO expanding er 125-acre tract of land that is in dan- global partnerships, the EU-NATO relation- that your party may have prepared for my ship, Kosovo and missile defense. review. ger of housing development. Not only On January 4, we departed for our return Americans are closely watching what is would the American Revolution Cen- to the United States. happening in Pakistan. Any help you can ter, a tax-exempt 501(c)(3) organization, provide in shedding light on this tragic event develop a museum dedicated to the U.S. SENATE, may further the investigation into Ms. Revolutionary War, but it would also Washington, DC, January 2, 2008. Bhutto’s death, as well as help to ensure that preserve the remaining 47 acres as open Hon. BAN KI-MOON, the upcoming elections are free and fair. space. I Thank you for your consideration of this Secretary-General of the United Nations, I have supported appropriating Fed- New York, NY. request. I look forward to your response. My best. eral funding to acquire the aforemen- DEAR SECRETARY-GENERAL: In light of the tioned land that is in jeopardy of resi- uncertainty on who assassinated former Sincerely, Pakistan Prime Minister Benazir Bhutto and ARLEN SPECTER. dential development. In fiscal year the impact of her assassination on the pend- 2005, I helped secure $1.5 million for the ing Pakistani elections. I urge the United U.S. SENATE, National Park Service to begin acquir- Nations, either alone or in conjunction with Washington, DC. ing 85 acres that were related to the the Musharraf government of Pakistan, to MR. ASIF ALI ZARDARI: Please accept my 125-acre tract that is now connected appoint an investigating commission. sincere condolences on the loss of your wife. with the American Revolution Center. Since my wife and I first visited your wife Since President Musharraf has already In fiscal years 2006 and 2007, I supported suggested an international investigation, in Kurachi some twenty years ago, and in follow-up meetings when she was Prime Min- the appropriation of $9 million and $3.1 joint action by the U.N. would be consistent million, respectively, for the Park with Pakistani sovereignty. Even without ister in Islamabad and thereafter in Wash- the voluntary joinder of the Musharraf gov- ington, I have had great respect and admira- Service to complete the 125-acre acqui- ernment, it is obvious that a U.N. tion for her. sition. However, due to increasing fis- investigatian would have greater public As you may know, Representative Patrick cal constraints, no funding was avail- credibility. Kennedy and I were scheduled to meet with able at that time to continue the In making this recommendation, I recol- Ms. Bhutto at 9 p.m. on December 27, 2007, project. Additionally, in fiscal year lect the action taken by President Lyndon and were shocked by the assassination. I 2004, I helped secure $5 million for the have noted in the press that the Honorable Johnson within seven days after the assas- National Park Service to acquire other sination of President John F. Kennedy to ap- Sarfraz Khan Lashari was quoted in a Janu- ary 1, 2008 article in the Guardian that Ms. land within the Valley Forge boundary point an independent investigating commis- to also prevent it from housing devel- sion. Bhutto was going to turn over evidence of As you may know, Representative Patrick election-rigging to Representative Kennedy opment. Kennedy, member of the U.S. House of Rep- and me at our meeting. By the American Revolution Center resentatives (D–RI), and I were scheduled to With this letter, I am enclosing for you a taking possession of this land, it is eas- meet with Ms. Bhutto at 9 p.m. an Thursday, copy of my letter to Mr. Lashari. ing the financial and obligatory burden December 27th. She had called for that late If you have any such evidence in your pos- of the Federal Government to preserve meeting because she was fully engaged in session and would care to transmit it to me, this sacred ground. Additionally, I am I would be very pleased to receive it. campaigning that day. As Representative confident that those in charge of the KENNEDY and I were preparing to depart for I am sure you will be interested to know that I wrote to UN Secretary General Ban administration of the American Revo- a dinner with President Musharraf at 7 p.m. lution Center will be responsible stew- and the later meeting with Ms. Bhutto, we Ki-Moon on January 2, 2008 calling for an were informed of her assassination. international investigation of the assassina- ards of the historical integrity of the I am further concerned by a report in the tion. I have not yet had a response. land and ensure its conservation for Boston Globe from January 2, 2008 picking I am also writing today to the UN Sec- generations to come. I am also con- up a Washington Post story by Griff Witte retary General urging that the United Na- fident that the Lower Providence and Emily Wax which says: tions set up a standing investigating com- Township managers, the local gov- ‘‘Senator Latif Khosa, a lawmaker from mission which would be available to move erning branch, will appropriately man- quickly to investigate any future assassina- Bhutta’s Pakistan Peoples Party, said she age the zoning ordinance for the 125- had planned to give the lawmakers (referring tions. With this letter I am enclosing copies of acre tract under current direction of to Representative KENNEDY and myself) a re- the American Revolution Center to port outlining complaints an ‘pre-poll rig- both those letters for you. ging’ by Musharraf’s government and the Again, my condolences. Let me know if I guarantee its conservation should the military-run Inter-Services Intelligence Di- can be of further assistance. museum ever vacate the property. rectorate.’’ My best. Thus, recognizing the importance of In a matter of this sort it is to be expected, Sincerely, Valley Forge to the founding of the based on what happened following the assas- ARLEN SPECTER. United States, the creation of a mu- sination of President Kennedy, to have a f seum to celebrate its history and pre- wide range of allegations and conspiracy AMERICAN REVOLUTIONARY serve the park’s integrity is a positive theories. CENTER development. Local government deci- It would be expected that expert investiga- sions regarding private land use ought tive bodies like the FBI and Scotland Yard Mr. SPECTER. Mr. President, I wish to be respected, and I strongly urge the and other national, reputable investigating to discuss the current situation with organizations would be willing to undertake Department of the Interior, the Na- regard to siting of the American Revo- tional Park Service, and the American such an investigation under the name of the lution Center at Valley Forge, a mu- United Nations. Revolution Center to work coopera- Sincerely, seum dedicated to interpreting, hon- tively to expedite the creation of this ARLEN SPECTER. oring, and celebrating the complete museum, which is long overdue. story of the entire American Revolu- f U.S. SENATE, tion, within Valley Forge National His- Washington, DC, January 22, 2008. torical Park in Pennsylvania. U.S. SENATE TRAVEL Hon. SARFRAZ KHAN LASHARI, I have been working with the Amer- REGULATIONS UPDATE Election Monitor, ican Revolution Center for a number of Mrs. FEINSTEIN. Mr. President, I Pakistan People’s Party years, and there has been no shortage wish to inform all Senators that the DEAR MR. LASHARI: It is my understanding of challenges. The current challenge is that Ms. Bhutto may have intended to Committee on Rules and Administra- present me with a report detailing election related to zoning issues in Lower Prov- tion has updated the U.S. Senate Trav- fraud in Pakistan’s upcoming election at the idence Township, Montgomery County. el Regulations to include two changes. time of our scheduled meeting on December The township has approved a zoning or- First, P.L. 110–81 requires the Rules 27, 2007. dinance to enable development of the Committee to make certain changes to

VerDate Mar 15 2010 22:12 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JA8.REC S22JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S76 CONGRESSIONAL RECORD — SENATE January 22, 2008 the U.S. Senate Travel Regulations. tion of the Travel Regulations entitled 4. Employees of Members of such commit- The provision dealing with how Mem- ‘‘Special Events, II. Funerals,’’ as fol- tees whose salaries are disbursed by the Sec- bers estimate costs for charter jets is lows: retary of the Senate and employees ap- amended in section III Transportation, pointed under authority of section 111 of II. Funerals: Members who represent the Public Law 95–94, approved August 5, 1977, paragraph C, of the Travel Regulations, Senate at the funeral of a Member or former when designated as ‘‘ex officio employees’’ as follows: Member may be reimbursed for the actual by the Chairman of such committee. Ap- C. Corporate/Private Aircraft: Reimburse- and necessary expenses of their attendance, proval of the reimbursement voucher will be ment of official expenses for the use of a cor- pursuant to S. Res. 263, agreed to July 30, considered sufficient designation. 1998. Additionally, the actual and necessary porate or private aircraft is allowable from 5. Senators, including staff and nominating expenses of a committee appointed to rep- the contingent fund of the Senate provided board members. (Also individuals properly resent the Senate at the funeral of a de- the traveler complies with the prohibitions, detailed to a Senator’s office under author- ceased Member or former Member may be re- restrictions, and authorizations specified in ity of Section 503(b)(3) of P.L. 96–465, ap- imbursed pursuant to S. Res. 458, agreed to these regulations. Moreover, pursuant to the proved October 17, 1980.) Ethics Committee Interpretive Ruling 444, October 4, 1984. A. Pursuant to 2 U.S.C. 58e, which author- 6. All other administrative offices, includ- excess campaign funds may be used to defray ing Officers and staff. official expenses consistent with the regula- izes reimbursement for travel while on offi- cial business within the United States, Mem- c. An employee who transfers from one of- tions promulgated by the Federal Election fice to another on the same day he/she con- Commission. bers and their staff may be reimbursed for the actual and necessary expenses of attend- cludes official travel shall be considered an i. An amendment to Rule XXXV of the employee of the former office until the con- Standing Rules of the Senate, paragraph ing funerals within their home state only. B. Examples of funerals that may be con- clusion of that official travel. 1(c)(1)(C), enacted September 14, 2007, pursu- sidered official business include, but are not D. All travel shall be either authorized or ant to P.L. 110–81, states: approved by the chairman of the committee, (C)(i) Fair market value for a flight on an air- limited to, funerals for military servicemem- Senator, or Officer of the Senate to whom craft described in item (ii) shall be the pro rata bers, first responders, or public officials from such authority has been properly delegated. share of the fair market value of the normal and the Member’s state. The administrative approval of the voucher usual charter fare or rental charge for a com- These changes became effective on will constitute the approvals required. It is parable plane of comparable size, as determined December 20, 2007. expected that ordinarily the authority will by dividing such cost by the number of Mem- Mr. President, I ask unanimous con- be issued prior to the expenses being in- bers, officers, or employees of Congress on the sent to have the updated U.S. Senate curred and will specify the travel to be per- flight. Travel Regulations printed in the formed as such possible unless circumstances (ii) A flight on an aircraft described in this RECORD. in a particular case prevent such action. item is any flight on an aircraft that is not— (I) operated or paid for by an air carrier or There being no objection, the mate- E. Official Travel Authorizations: The Gen- commercial operator certificated by the Federal rial was ordered to be printed in the eral Services Administration, on behalf of Aviation Administration and required to be con- RECORD, as follows: the Committee on Rules and Administration, has contracted with several air carriers to ducted under air carrier safety rules; or AUTHORITY OF THE COMMITTEE ON RULES AND provide discount air fares for Members, Offi- (II) in the case of travel which is abroad, an ADMINISTRATION TO ISSUE SENATE TRAVEL cers, and employees of the Senate only when air carrier or commercial operator certificated by REGULATIONS traveling on official business. This status is an appropriate foreign civil aviation authority The travel regulations herein have been and the flight is required to be conducted under identifiable to the contracting air carriers promulgated by the Committee on Rules and by one of the following ways: air carrier safety rules. Administration pursuant to the authority 1. The use of a government issued travel (iii) This subclause shall not apply to an air- vested in it by paragraph 1(n)(1)8 of Rule charge card craft owned or leased by a governmental entity XXV of the Standing Rules of the Senate and or by a Member of Congress or a Member’s im- by section 68 of Title 2 of the United States 2. The use of an ‘‘Official Travel Authoriza- mediate family member (including an aircraft Code, the pertinent portions of which provi- tion’’ form which must be submitted to the owned by an entity that is not a public corpora- sions are as follows: air carrier prior to purchasing a ticket. tion in which the Member or Member’s imme- These forms must be personally approved by STANDING RULES OF THE SENATE diate family member has an ownership interest), the Senator, chairman, or Officer of the Sen- provided that the Member does not use the air- RULE XXV ate under whose authority the travel for offi- craft anymore than the Member’s or immediate PARAGRAPH 1(n)(1)8 cial business is taking place. Payment must family member’s proportionate share of owner- (n)(1) Committee on Rules and Administra- be made in advance by cash, credit card, ship allows. tion, to which committee shall be referred check, or money order. The Official Travel ii. Prior to the commencement of official * * * matters relating to the following sub- Authorization forms are available in the travel on a corporate or private aircraft, the jects: * * * Senate Disbursing Office. traveler or the traveler’s designee shall con- 8. Payment of money out of the contingent II. Funds for Traveling Expenses tact a charter company in the departure or fund of the Senate or creating a charge upon A. Individuals traveling on official busi- destination city to request a written esti- the same * * * ness for the Senate will provide themselves mate of the cost of a flight between the two UNITED STATES CODE with sufficient funds for all current ex- cities on a similar aircraft of comparable TITLE 2 SECTION 68 penses, and are expected to exercise the same size being provided by the corporation or pri- care in incurring expenses that a prudent Sec. 68. Payments from contingent fund of Sen- vate entity. person would exercise if traveling on per- ate 1. For example, if a Learjet 45 XR aircraft sonal business. is being provided by the corporation or pri- No payment shall be made from the contin- 1. Travel Advances vate entity, the traveler or the traveler’s gent fund of the Senate unless sanctioned by (a) Advances to Committees (P.L. 81–118) designee shall request a written estimate of the Committee on Rules and Administration (1) Chairmen of joint committees operating the cost to charter a Learjet 45 XR aircraft of the Senate * * *. from the contingent fund of the Senate, and from the departure city to the destination UNITED STATES SENATE TRAVEL REGULATIONS chairmen of standing, special, select, policy, city. Revised by the Committee on Rules and or conference committees of the Senate, may 2. If no charter company is located in ei- Administration requisition an advance of the funds author- ther the departure or destination city which United States Senate, effective October 1, ized for their respective committees. rents a similar aircraft of comparable size, a 1991 as amended January 1, 1999, as further (a) When any duty is imposed upon a com- charter company nearest either the destina- amended December 7, 2006, as further amend- tion or departure city which does so shall be mittee involving expenses that are ordered ed October 29, 2007, as further amended De- to be paid out of the contingent fund of the contacted for a written estimate. cember 20, 2007. iii. Following the completion of official Senate, upon vouchers to be approved by the travel on a corporate or private aircraft, re- GENERAL REGULATIONS chairman of the committee charged with imbursement for related expenses may be Travel Authorization such duty, the receipt of such chairman for processed on direct pay vouchers payable to A. Only those individuals having an official any sum advanced to him[her] or his[her] each individual traveler, to the corporation connection with the function involved may order out of said contingent fund by the Sec- or private entity, or to the travel charge obligate the funds of said function. retary of the Senate for committee expenses card vendor. The written estimate received B. Funds disbursed by the Secretary of not involving personal services shall be from the charter company shall be attached Senate may be obligated by: taken and passed by the accounting officers to the voucher for processing. 1. Members of standing, select, special, of the Government as a full and sufficient joint, policy or conference committees voucher; but it shall be the duty of such The second change concerns travel by 2. Staff of such committees chairman, as soon as practicable, to furnish Members to the home State for funer- 3. Employees properly detailed to such to the Secretary of the Senate vouchers in als. The provision is amended in sec- committees from other agencies detail for the expenses so incurred.

VerDate Mar 15 2010 22:12 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JA8.REC S22JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 22, 2008 CONGRESSIONAL RECORD — SENATE S77 (2) Upon presentation of the properly (Regulations for Travel Advances for Senators (Regulations Governing Cash Advances for signed statutory advance voucher, the Dis- and Their Staffs adopted by the Com- Official Senate Travel, adopted by the bursing Office will make the original ad- mittee on Rules and Administration, effec- Committee on Rules and Administration, vance to the chairman or his/her representa- tive April 20, 1983, pursuant to P.L. 97– effective July 23, 1987, pursuant to S. Res. tive. This advance may be in the form of a 276) 258, October 1, 1987, as amended, as appli- check, or in cash, receipted for on the vouch- (1) Travel advances from a Senators’ Offi- cable to Senate administrative offices) er by the person receiving the advance. cial Personnel and Office Expense Account (1) Travel advances shall be made prior to Under no circumstances are advances to be must be authorized by that Senator for him- the commencement of official travel in the used for the payment of salaries or obliga- self/herself as well as for his/her staff. Staff form of cash, direct deposit, or check. Travel tions, other than petty cash transactions of is defined as those individuals whose salaries advance requests shall be signed by the ap- the committee. are funded from the Senator’s account. An plicable Officer of the Senate and a staff per- (3) In no case shall a cash advance be paid employee in the Office of the President Pro son designated with signature authority. more than seven (7) calendar days prior to Tempore, the Deputy President Pro Tem- (2) Cash: Advances in the form of cash shall the commencement of official travel. In no pore, the Majority Leader, the Minority be picked up only in the Senate Disbursing case shall an advance in the form of a check Leader, the Majority Whip, the Minority Office and will be issued only to the person be paid more than fourteen (14) calendar Whip, the Secretary for the Conference of traveling (photo ID required), with excep- days prior to the commencement of official the Majority, or the Secretary for the Con- tions being made for Members and elected travel. Requests for advances in the form of ference of the Minority shall be considered Officers of the Senate. The traveler (or the a check should be received by the Senate an employee in the office of the Senator individual receiving the advance in the case Disbursing Office no less than five (5) cal- holding such office. of a travel advance for a Member or elected endar days prior to the commencement of of- (2) Advances shall only be used to defray Officer of the Senate) will sign the travel ad- ficial travel. The amount of the advance official travel expenses . . . vance form to acknowledge receipt of the then becomes the responsibility of the indi- (3) Travel advances shall be made prior to cash. vidual receiving the advance, in that he/she the commencement of official travel in the (3) In no case shall a travel advance be paid must return the amount advanced before or form of cash, direct deposit, or check. Travel more than seven (7) calendar days prior to shortly after the expiration of the authority advance requests shall be signed by the the commencement of official travel. In no under which these funds were obtained. Member and a staff person designated with case shall an advance in the form of a direct (Regulations Governing Cash Advances for signature authority. deposit or check be paid more than fourteen Official Senate Travel adopted by the (4) Cash: Advances in the form of cash shall (14) calendar days prior to the commence- Committee on Rules and Administration, be picked up only in the Senate Disbursing ment of official travel. Requests for ad- effective July 23, 1987, pursuant to S. Res. Office and will be issued only to the person vances in the form of a direct deposit or 258, October 1, 1987, as applicable to Sen- traveling (photo ID required), with excep- check should be received by the Senate Dis- ate committees) tions being made for Members and elected bursing Office no less than five (5) calendar Officers of the Senate. The traveler (or the days prior to the commencement of official (4) Travel advances shall be made prior to individual receiving the advance in the case travel. the commencement of official travel in the of a travel advance for a Member or elected (4) In those cases when a travel advance form of cash, direct deposit, or check. Travel Officer of the Senate) will sign the travel ad- has been paid, every effort should be made by advance requests shall be signed by the Com- vance form to acknowledge receipt of the the office in question to submit to the Sen- mittee Chairman and a staff person des- cash. ate Disbursing Office a corresponding travel ignated with signature authority. (5) In no case shall a travel advance in the voucher within twenty-one (21) days of the (5) Cash: Advances for travel in the form of form of cash be paid more than seven (7) cal- conclusion of such official travel. cash shall be picked up only in the Senate endar days prior to the commencement of of- (5) Travel advances for official Senate Disbursing Office and will be issued only to ficial travel. In no case shall an advance in travel shall be repaid within 30 days after the person traveling (photo ID required), the form of a direct deposit or check be paid completion of travel. Anyone with an out- with exceptions being made for Members and more than fourteen (14) calendar days prior standing advance at the end of the 30 day pe- elected Officers of the Senate. The traveler to the commencement of official travel. Re- riod will be notified by the Disbursing Office (or the individual receiving the advance in quests for advances in the form of a direct that they must repay within 15 days, or their the case of a travel advance for a Member or deposit or check should be received by the salary may be garnisheed in order to satisfy elected Officer of the Senate) shall sign the Senate Disbursing Office no less than five (5) their indebtedness to the Federal govern- travel advance form to acknowledge receipt calendar days prior to the commencement of ment. of the cash. official travel. (6) In those instances when a travel ad- (6) In those cases when a travel advance (6) In those cases when a travel advance vance has been paid for a scheduled trip has been paid, every effort should be made by has been paid, every effort should be made by which prior to commencement is canceled or the office in question to submit to the Sen- the office in question to submit to the Sen- postponed indefinitely, the traveler in ques- ate Disbursing Office a corresponding travel ate Disbursing Office a corresponding travel tion should immediately return the travel voucher within twenty-one (21) days of the voucher within twenty-one (21) days of the advance to the Senate Disbursing Office. conclusion of such official travel. conclusion of such official travel. (7) The amount authorized for each travel (7) Travel advances for official Senate (7) Travel advances for official Senate advance should not exceed the estimated travel shall be repaid within 30 days after travel shall be repaid within 30 days after total of official out-of-pocket travel expenses completion of travel. Anyone with an out- completion of travel. Anyone with an out- for the trip in question. The minimum travel standing advance at the end of the 30 day pe- standing advance at the end of the 30 day pe- advance that can be authorized for the offi- riod will be notified by the Disbursing Office riod will be notified by the Senate Dis- cial travel expenses of a Senator Officer and that they must repay within 15 days, or their bursing Office that they must repay within his/her staff is $200. No more than two (2) salary may be garnisheed in order to satisfy 15 days, or their salary may be garnisheed in travel advances per traveler may be out- their indebtedness to the Federal govern- order to satisfy their indebtedness to the standing at any one time. ment. Federal government. (d) Office of the Secretary of the Senate (2 (8) In those cases when a travel advance (8) In those instances when a travel ad- U.S.C. 61a–9a) has been paid for a scheduled trip which vance has been paid for a scheduled trip (1) . . . The Secretary of the Senate is au- prior to commencement is canceled or post- which prior to commencement is canceled or thorized to advance, with his discretion, to poned indefinitely, the traveler should im- postponed indefinitely, the traveler in ques- any designated employee under his jurisdic- mediately return the travel advance to the tion should immediately return the travel tion, such sums as may be necessary, not ex- Senate Disbursing Office. advance to the Senate Disbursing Office. ceeding $1,000, to defray official travel ex- (9) No more than two (2) travel advances (9) The amount authorized for each travel penses in assisting the Secretary in carrying per traveler may be outstanding at any one advance should not exceed the estimated out his duties . . . time. total of official out-of-pocket travel expenses (e) Office of the Sergeant at Arms and (10) The amount authorized for each travel for the trip in question. The minimum travel Doorkeeper of the Senate (2 U.S.C. 61f–1a) advance should not exceed the estimated advance that can be authorized for the offi- (1) For the purpose of carrying out his du- total of official out-of-pocket expenses for cial travel expenses of a Senator and his/her ties, the Sergeant at Arms and Doorkeeper the trip in question. The minimum travel ad- staff is $200. No more than two (2) travel ad- of the Senate is authorized to incur official vance that can be authorized for the official vances per traveler may be outstanding at travel expenses during each fiscal year not travel expenses of a Committee Chairman any one time. to exceed sums made available for such pur- and his/her staff is $200. (10) The aggregate total of travel advances pose under appropriations Acts. With the ap- (11) The aggregate total of travel advances per Senator’s office shall not exceed 10% of proval of the Sergeant at Arms and Door- for committees shall not exceed $5,000, unless the expense portion of the Senators’ Official keeper of the Senate and in accordance with otherwise authorized by prior approval of the Personnel and Office Expense Account, or such regulations as may be promulgated by Committee on Rules and Administration. $5,000, whichever is greater. the Senate Committee on Rules and Admin- (b) Advances to Senators and their staffs (2 (c) Advances to Administrative Offices of istration, the Secretary of the Senate is au- U.S.C. 58(j)) the Senate thorized to advance to the Sergeant at Arms

VerDate Mar 15 2010 22:12 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JA8.REC S22JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S78 CONGRESSIONAL RECORD — SENATE January 22, 2008 or to any designated employee under the ju- completion of travel. Anyone with an out- payment to the account within 60 days be- risdiction of the Sergeant at Arms and Door- standing travel advance at the end of the 30 fore suspension is enforced on the account. keeper, such sums as may be necessary to de- day period will be notified by the Senate Dis- The account is cancelled and the card- fray official travel expenses incurred in car- bursing Office that they must repay within holder’s credit is revoked when a past due rying out the duties of the Sergeant at Arms 15 days, or their salary may be garnisheed in balance is carried on the card for 120 days. and Doorkeeper. The receipt of any such sum order to satisfy their indebtedness to the (3) A centrally billed account may be es- so advanced to the Sergeant at Arms and Federal Government. tablished through the approved Senate ven- Doorkeeper or to any designated employee (iv) In those instances when a travel ad- dor (currently the Combined Airlines Ticket shall be taken and passed by the accounting vance has been paid for a scheduled trip Office (CATO)) and will be charged against officers of the Government as a full and suf- which prior to commencement is cancelled an account number issued to each designated ficient voucher; but it shall be the duty of or postponed indefinitely, the traveler in office; there are no charge cards issued for the traveler, as soon as practicable, to fur- question should immediately return the such an account. nish to the Secretary of the Senate a de- travel advance to the Senate Disbursing Of- III. Foreign Travel tailed voucher of the expenses incurred for fice. A. Reimbursement of foreign travel ex- the travel to which the sum was so advanced, (e) LIMITS.— penses is not authorized from the contingent and make settlement with respect to such (i) To minimize the payment of travel ad- fund of Member offices. sum. Payments under this section shall be vances, whenever possible, travelers are ex- B. Committees, including all standing, se- made from funds included in the appropria- pected to utilize the corporate and indi- lect, and special committees of the Senate tions account, within the contingent fund of vidual travel cards approved by the Com- and all joint committees of the Congress the Senate, for the Sergeant at Arms and mittee on Rules and Administration. whose funds are disbursed by the Secretary Doorkeeper of the Senate, upon vouchers ap- (ii) The amount authorized for each travel of the Senate, are authorized funds for for- proved by the Sergeant at Arms and Door- advance should not exceed the estimated eign travel from their committee budget and keeper. total of official out-of-pocket travel expenses through S. Res. 179, 95–1, notwithstanding (Committee on Rules and Administration Reg- for the trip in question. Congressional Delegations which are author- ulations for Travel Advances for the Of- (iii) The minimum travel advance that can ized foreign travel funds under the authority fice of the Senate Sergeant at Arms) be authorized for official travel expenses is of the Mutual Security Act of 1954 (22 U.S.C. $200. No more than two (2) cash advances per (a) GENERAL.—With the written approval of 1754). the Sergeant at Arms or designee, advances traveler may be outstanding at any one C. (Restrictions)—amendment to Rule from the contingent expense appropriation time. XXXIX of the Standing Rules of the Senate, 2. Government Travel Plans account for the Office of the Sergeant at pursuant to S. Res. 80, agreed to January 28, (a) Government Charge Cards Arms may be provided to the Sergeant at 1987. (1) Individual government charge cards au- 1. (a) Unless authorized by the Senate (or by Arms or the Sergeant at Arms’ staff to de- thorized by the General Services Administra- the President of the United States after an ad- fray official travel expenses, as defined by tion and approved by the Committee on journment sine die), no funds from the United the U.S. Senate Travel Regulations. Staff is Rules and Administration are available to States Government (including foreign currencies defined as those individuals whose salaries Members, Officers, and employees of the Sen- made available under section 502(b) of the Mu- are funded by the line item within the ‘‘Sala- ate for official travel expenses. tual Security Act of 1954 (22 U.S.C. 1754(b), as ries, Officers, and Employees’’ appropriation (a) The employing Senator, chairman, or amended) shall be received by any Member of account for the Office of the Sergeant at Officer of the Senate should authorize only the Senate whose term will expire at the end of Arms. those staff who are or will be frequent trav- (b) FORMS.—Travel advance request forms a Congress after— elers. The Committee on Rules and Adminis- shall include the date of the request, the (1) the date of the general election in which tration reserves the right to cancel the an- name of the traveler, the dates of the official his successor is elected; or nual renewal of the card if the employee has (2) in the case of a Member who is not a can- travel, the intended itinerary, the author- not traveled on official business during the didate in such general election, the earlier of the izing signature of the Sergeant at Arms or previous year. date of such general election or the adjournment his designee, and a staff person designated (b) All reimbursable travel expenses may sine die of the second regular session of that with signature authority. be charged to these accounts including but (c) PAYMENT OF ADVANCES.— Congress. (i) Travel advances shall be paid prior to not limited to per diem expenses and (b) The travel restrictions provided by sub- the commencement of official travel in the incidentals. Direct pay vouchers to the paragraph (a) with respect to a Member of the form of cash, direct deposit, or check. charge card vendor (currently Bank of Amer- Senate whose term will expire at the end of a (ii) Advances in the form of cash shall be ica) may be submitted for the airfare, train, Congress shall apply to travel by— picked up only in the Senate Disbursing Of- and bus tickets charged to this account. All (1) any employee of the Member; fice and will be issued only to the person other travel charges on the account must be (2) any elected Officer of the Senate whose traveling (photo ID required), with excep- paid to the traveler for him/her to personally employment will terminate at the end of a Con- tions being made for Members and elected reimburse the charge card vendor. gress; and Officers of the Senate. The traveler (or the (c) Timely payment of these Individually (3) any employee of a committee whose em- individual receiving the advance in the case Billed travel accounts is the responsibility of ployment will terminate at the end of a Con- of a travel advance for a Member or elected the cardholder. The General Services Admin- gress. Officer of the Senate) will sign the travel ad- istration contract requires payment to the 2. No Member, Officer, or employee engaged in vance form to acknowledge receipt of the account within 60 days before suspension is foreign travel may claim payment or accept cash. enforced on the account. The account is can- funds from the United States Government (in- (iii) In no case shall a travel advance in the celled and the cardholder’s credit is revoked cluding foreign currencies made available under form of cash be paid more than seven (7) cal- when a past due balance is carried on the section 502(b) of the Mutual Security Act of 1954 endar days prior to the commencement of of- card for 120 days. (22 U.S.C. 1754(b)) for any expense for which ficial travel. In no case shall a travel ad- (2) One Centrally Billed government charge the individual has received reimbursement from vance in the form of a direct deposit or account authorized by the General Services any other source; nor may such Member, Offi- check be paid more than fourteen (14) days Administration and approved by the Com- cer, or employee receive reimbursement for the prior to the commencement of official trav- mittee on Rules and Administration are same expense more than once from the United el. Requests for travel advances in the form available to each Member, Committee, and States Government. No Member, Officer, or em- of a direct deposit or check should be re- Administrative Office for official transpor- ployee shall use any funds furnished to him[/ ceived by the Senate Disbursing Office no tation expenses in the form of airfare, train, her] to defray ordinary and necessary expenses less than five (5) calendar days prior to the and bus tickets, and rental cars. of foreign travel for any purpose other than the commencement of official travel. (a) Direct pay vouchers to the charge card purpose or purposes for which such funds were (d) REPAYMENT OF ADVANCES.— vendor (currently Bank of America) may be furnished. (i) The total of the expenses on a travel submitted for the airfare, train, and bus 3. A per diem allowance provided a Member, voucher shall be offset by the amount of the tickets, and rental car expenses charged to Officer, or employee in connection with foreign corresponding travel advance, providing for this account. travel shall be used solely for lodging, food, and the payment (or repayment) of the difference (b) Other transportation costs, per diem related expenses and it is the responsibility of between the outstanding advance and the expenses, and incidentals are not authorized the Member, Officer, or employee receiving such total of the official travel expenses. charges for these accounts unless expressly an allowance to return to the United States (ii) In those cases when a travel advance authorized by these regulations or through Government that portion of the allowance re- has been paid, every effort should be made to prior approval from the Committee on Rules ceived which is not actually used for necessary submit to the Senate Disbursing Office a cor- and Administration. lodging, food, and related expenses. responding travel voucher within twenty-one (c) Timely payment of these Centrally IV. Reimbursable Expenses: Travel ex- (21) days of the conclusion of such official Billed travel accounts is the responsibility of penses (i.e., transportation, lodging, meals travel. the cardholder, usually the Office Manager and incidental expenses) which will be reim- (iii) Travel Advances for official Senate or Chief Clerk of the office. The General bursed are limited to those expenses essen- travel shall be repaid within 30 days after Services Administration contract requires tial to the transaction of official business

VerDate Mar 15 2010 22:12 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JA8.REC S22JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 22, 2008 CONGRESSIONAL RECORD — SENATE S79 while away from the official station or post (b) Ronald Reagan Washington National ate, suitability and convenience to the trav- of duty. Airport eler, and nature of the business involved. A. Member Duty Station(s): The official (c) Washington Dulles International Air- 2. Airplane Accommodations duty station of Senate Members shall be con- port (a) First-class and air-coach accommoda- sidered to be the metropolitan area of Wash- F. When the legislative business of the tions: It is the policy of the Senate that per- ington, D.C. Senate requires that a Member be present, sons who use commercial air carriers for 1. During adjournment sine die or the Au- then the round trip actual transportation ex- transportation on official business shall use gust adjournment/recess period, the usual penses incurred in traveling from the city less than first-class accommodations instead place of residence in the home state, as cer- within the United States where the Member of those designated first-class with due re- tified for purposes of official Senate travel, is located to Washington, D.C., may be reim- gard to efficient conduct of Senate business shall also be considered a duty station. bursed from official Senate funds. and the travelers’ convenience, safety, and 2. Each Member shall certify in writing at G. Any deviation from this policy will be comfort. the beginning of each Congress to the Senate considered on a case by case basis upon the (b) Use of United States-flag air carriers: Disbursing Office his/her usual place of resi- written request to, and approval from, the All official air travel shall be performed on dence in the home state; such certification Committee on Rules and Administration. United States-flag air carriers except where document shall include a statement that the V. Travel Expense Reimbursement Vouch- travel on other aircraft (1) is essential to the Senator has read and agrees to the pertinent ers official business concerned, or (2) is nec- travel regulations on permissible reimburse- A. All persons authorized to travel on offi- essary to avoid unreasonable delay, expense, ments. cial business for the Senate should keep a or inconvenience. (B) Change in Travel Plans: When a trav- 3. For purposes of this provision, ‘‘usual memorandum of expenditures properly eler finds he/she will not use accommoda- place of residence’’ in the home state shall chargeable to the Senate, noting each item tions which have been reserved for him/her, encompass the area within thirty-five (35) at the time the expense is incurred, together he/she must release them within the time miles of the residence (by the most direct with the date, and the information thus ac- limits specified by the carriers. Likewise, route). If a Member has no ‘‘usual place of cumulated should be made available for the where transportation service furnished is in- residence’’ in his/her home state, he/she may proper preparation of travel vouchers which ferior to that called for by a ticket or where designate a ‘‘voting residence,’’ or any other must be itemized on an official expense sum- a journey is terminated short of the destina- ‘‘legal residence,’’ pursuant to state law (in- mary report and stated in accordance with cluding the area within thirty-five (35) miles tion specified, the traveler must report such these regulations. The official expense sum- facts to the proper official. Failure of trav- of such residence), as his/her duty station. mary report form is available at the Senate elers to take such action may subject them B. Officer and Employee Duty Station Disbursing Office or through the Senate 1. In the case of an officer or employee, re- to liability for any resulting losses. Intranet. 1. ‘‘No show’’ charges, if incurred by Mem- imbursement for official travel expenses B. Computer generated vouchers should be bers or staff personnel in connection with of- other than interdepartmental transportation submitted with a signed original. Every trav- ficial Senate travel, shall not be considered shall be made only for trips which begin and el voucher must show in the space provided payable or reimbursable from the contingent end in Washington, D.C., or, in the case of an for such information on the voucher form fund of the Senate. employee assigned to an office of a Senator the dates of travel, the official travel 2. Senate travelers exercising proper pru- in the Senator’s home state, on trips which itinerary, the value of the transportation, dence can make timely cancellations when begin and end at the place where such office per diem expenses, incidental expenses, and necessary in order to avoid ‘‘no show’’ as- is located. conference/training fees incurred. sessments. 2. Travel may begin and/or end at the Sen- C. Travel vouchers must be supported by 3. A Member shall be permitted to make ate traveler’s residence when such deviation receipts for expenses in excess of $50. In addi- more than one reservation on scheduled from the duty station locale is more advan- tion, the Committee on Rules and Adminis- flights with participating airlines when such tageous to the government. tration reserves the right to request addi- action assists the Member in conducting his/ 3. For purposes of these regulations, the tional clarification and/or certification upon her official business. ‘‘duty station’’ shall encompass the area the audit of any expense seeking reimburse- C. Compensation Packages: In the event within thirty-five (35) miles from where the ment from the contingent fund of the Senate that a Senate traveler is denied passage or Senator’s home state office or designated regardless of the expense amount. gives up his/her reservation due to over- duty station is located. D. When presented independently, credit booking on transportation for which he/she C. No employee of the Senate, relative or card receipts such as VISA, MASTER held a reservation and this results in a pay- supervisor of the employee may directly ben- CHARGE, or DINERS CLUB, etc. are not ac- ment of any rebate, this payment shall not efit monetarily from the expenditure of ap- ceptable documentation for lodging. If a be considered as a personal receipt by the propriated funds which reimburse expenses hotel bill is lost or misplaced, then the cred- traveler, but rather as a payment to the Sen- associated with official Senate travel. There- it card receipt accompanied by a certifying ate, the agency for which and at whose ex- fore, reimbursements are not permitted for letter from the traveler to the Financial pense the travel is being performed. mortgage payments, or rental fees associated Clerk of the Senate will be considered nec- 1. Such payments shall be submitted to the with any type of leasehold interest. essary documentation. Such letter must appropriate individual for the proper disposi- D. A duty station for employees, other itemize the total expenses in support of the tion when the traveler submits his/her ex- than Washington, D.C., may be designated by credit card receipt. pense account. Members, Committee Chairmen, and Officers 2. Through fares, special fares, commuta- TRANSPORTATION EXPENSES of the Senate upon written designation of tion fares, excursion, and reduced-rate round such station to the Senate Disbursing Office. I. Common Carrier Transportation and Ac- trip fares should be used for official travel Such designation shall include a statement commodations when it can be determined prior to the start that the Member or Officer has read and A. Transportation includes all necessary of a trip that any such type of service is agrees to the pertinent travel regulations on official travel on railroads, airlines, heli- practical and economical to the Senate. permissible reimbursements. The duty sta- copters, buses, streetcars, taxicabs, and 3. Round-trip tickets should be secured tion may be the city of the office location or other usual means of conveyance. Transpor- only when, on the basis of the journey as the city of residence. tation may include fares and such expenses planned, it is known or can be reasonably an- E. For purposes of these regulations, the incidental to transportation such as but not ticipated that such tickets will be utilized. metropolitan area of Washington, D.C., shall limited to baggage transfer. When a claim is D. Ticket Preparation Fees: Each Chair- be defined as follows: made for common carrier transportation ob- man, Senator, or Officer of the Senate may, 1. The District of Columbia tained with cash, the travel voucher must at his/her discretion, authorize in extenu- 2. Maryland Counties of show the amount spent, including Federal ating circumstances the reimbursement of (a) Charles transportation tax, and the mode of trans- penalty fees associated with the cancellation (b) Montgomery portation used. of through fares, special fares, commutation (c) Prince Georges 1. Train Accommodations fares, excursion, reduced-rate round trip 3. Virginia Counties of (a) Sleeping-car accommodations: The low- fares and fees for travel arrangements, pro- (a) Arlington est first class sleeping accommodations vided that reimbursement of such fees offers (b) Fairfax available shall be allowed when night travel (c) Loudoun the best value and does not exceed $30. (d) Prince William is involved. When practicable, through sleep- E. Frequent Flyer Miles: Travel pro- 4. Virginia Cities of ing accommodations should be obtained in motional awards (e.g. free travel, travel dis- (a) Alexandria all cases where more economical to the Sen- counts, upgrade certificates, coupons, fre- (b) Fairfax ate. quent flyer miles, access to carrier club fa- (c) Falls Church (b) Parlor-car and coach accommodations: cilities, and other similar travel promotional (d) Manassas One seat in a sleeping or parlor car will be items) obtained by a Member, officer or em- (e) Manassas Park allowed. Where adequate coach accommoda- ployee of the Senate while on official travel 5. Airport locations of tions are available, coach accommodations may be utilized for personal use at the dis- (a) Baltimore/Washington International should be used to the maximum extent pos- cretion of the Member or officer pursuant to Thurgood Marshall Airport sible, on the basis of advantage to the Sen- this section.

VerDate Mar 15 2010 22:12 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JA8.REC S22JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S80 CONGRESSIONAL RECORD — SENATE January 22, 2008 1. Travel Awards may be retained and used tation companies will be classed as excess payment. If a detour was necessary due to at the sole discretion of the Member or offi- baggage. Where air-coach or air-tourist ac- adverse weather, mechanical difficulty, or cer only if the Travel Awards are obtained commodations are used, transportation of other unusual conditions, the additional air under the same terms and conditions as baggage up to the weight carried free on mileage may be included in the mileage re- those offered to the general public and no fa- first-class service is authorized without ported on the reimbursement voucher and, if vorable treatment is extended on the basis of charge to the traveler; otherwise excess bag- included, it must be explained. the Member, officer or employee’s position gage charges will be an allowable expense. 7. Mileage shall be payable to only one of with the Federal Government. C. Necessary charges for the transfer of two or more employees traveling together on 2. Members, officers and employees may baggage will be allowed. Charges for the the same trip and in the same vehicle, but no only retain Travel Awards for personal use storage of baggage will be allowed when such deduction shall be made from the mileage when such Travel Awards have been obtained storage was solely on account of official otherwise payable to the employee entitled at no additional cost to the Federal Govern- business. Charges for porters and checking thereto by reason of the fact that other pas- ment. It should be noted that any fees as- baggage at transportation terminals will be sengers (whether or not Senate employees) sessed in connection with the use of Travel allowed. may travel with him/her and contribute in Awards shall be considered a personal ex- III. Use of Conveyances: When authorized defraying the operating expenses. The names pense of the Member, officer or employee and by the employing Senator, Chairman, or Of- of Senate Members or employees accom- under no circumstances shall be paid for or ficer of the Senate, certain conveyances may panying the traveler must be stated on the reimbursed from official funds. be used when traveling on official Senate travel voucher. 3. Although this section permits Members, business. Specific types of conveyances are 8. When damages to a privately owned ve- officers and employees of the Senate to use privately owned, special, and private air- hicle occur due to the negligent or wrongful Travel Awards at the discretion of the Mem- plane. act or omission of any Member, Officer, or ber or officer, the Committee encourages the A. Privately Owned employee of the Senate while acting within use of such Travel Awards (whenever prac- 1. Chairmen of committees, Senators, Offi- the scope of his/her employment, relief may ticable) to offset the cost of future official cers of the Senate, and employees, regardless be sought under the Federal Tort Claims travel. of subsistence status and hours of travel, F. Indirect Travel: In case a person, for his/ Act. shall, whenever such mode of transportation B. Special her own convenience, travels by an indirect is authorized or approved as more advan- 1. General: route or interrupts travel by direct route, tageous to the Senate, be paid the appro- (a) The hire of boat, automobile, aircraft, the extra expense will be borne by the trav- priate mileage allowance in lieu of actual ex- or other conveyance will be allowed if au- eler. Reimbursement for expenses shall be al- penses of transportation. This amount thorized or approved as advantageous to the lowed only on such charges as would have should not exceed the maximum amount au- Senate whenever the Member or employee is been incurred by the official direct route. thorized by statute for use of privately engaged on official business outside his/her Personal travel should be noted on the trav- owned motorcycles, automobiles, or air- designated duty station. eler’s expense summary report when it inter- planes, when engaged in official business (b) Where two or more persons travel to- rupts official travel. within or outside their designated duty sta- G. Public Transportation During Official gether by means of such special conveyance, tions. It is the responsibility of the office to Travel: Transportation by bus, streetcar, that fact, together with the names of those fix such rates, within the maximum, as will subway, or taxicab, when used in connection accompanying him/her, must be stated by most nearly compensate the traveler for nec- with official travel, will be allowed as an of- each traveler on his/her travel voucher and essary expenses. ficial transportation expense. 2. In addition to the mileage allowance the aggregate cost reimbursable will be sub- H. Dual Purpose Travel: Dual purpose trav- there may be allowed reimbursement for the ject to the limitation stated above. el occurs when a Senator, staffer, or other actual cost of automobile parking fees (ex- (c) If the hire of a special conveyance in- official traveler conducts both Senatorial of- cept parking fees associated with com- cludes payment by the traveler of the inci- fice business and Committee office business muting); ferry fees; bridge, road, and tunnel dental expenses of gasoline or oil, rent of ga- during the same trip. The initial point at costs; and airplane landing and tie-down rage, hangar, or boathouse, subsistence of which official business is conducted will de- operator, ferriage, tolls, operator waiting termine the fund which will be charged for fees. 3. When transportation is authorized or ap- time, charges for returning conveyances to travel expenses from and to Washington, proved for motorcycles or automobiles, mile- the original point of hire, etc., the same D.C. Examples include: age between points traveled shall be certified should be first paid, if practicable, by the 1. If committee business is conducted at person furnishing the accommodation, or his/ the first stop in the trip, travel expenses by the traveler. Such mileage should be in accordance with the Standard Highway Mile- her operator, and itemized in the bill. from Washington, D.C., to said point and re- 2. Rental Cars: turn will be chargeable to the committee’s age Guide. Any substantial deviations shall be explained on the reimbursement voucher. (a) In no case may automobiles be hired for funds. Additional travel expenses from said use in the metropolitan area of Washington, point to other points in the United States, 4. In lieu of the use of taxicab, payment on a mileage basis at a rate not to exceed the DC, by anyone whose duty station is Wash- incurred by reason of conducting senatorial ington, DC. business, will be charged to the Senators’ Of- maximum amount authorized by statute will (b) Reimbursements for rental of special ficial Personnel and Office Expense Account. be allowed for the round-trip mileage of a conveyances will be limited to the cost ap- 2.. If senatorial business is conducted at privately owned vehicle used in connection the first stop in the trip, travel expenses with an employee going from either his/her plicable to a conveyance of a size necessary from Washington, D.C., to said point and re- place of abode or place of business to a ter- for a single traveler regardless of the number turn will be chargeable to the Senators’ Offi- minal or from a terminal to either his/her of authorized travelers transported by said cial Personnel and Office Expense Account. place of abode or place of business: Provided, vehicle, unless the use of a larger class vehi- Committee funds will be charged with any that the amount of reimbursement for cle on a shared cost basis is specifically ap- additional travel expenses incurred for the round-trip mileage shall not in either in- proved in advance by the Committee on purpose of performing committee business. stance exceed the taxicab fare for a one-way Rules and Administration, or the form ‘‘Re- I. Interrupted Travel: If a traveler inter- trip between such applicable points, notwith- quest for a Waiver of the Travel Regula- rupts official travel for personal business, standing the obligations of reasonable sched- tions’’ is submitted with the voucher, and the traveler may be reimbursed for transpor- ules. found in order upon audit by the Rules Com- tation expenses incurred which are less than 5. Parking Fees: Parking fees for privately mittee. or equal to the amount the traveler would owned vehicles may be incurred in the duty (c) For administrative purposes, reim- have been reimbursed had he/she not inter- station when the traveler is engaged in bursement may be payable to only one of rupted travel for personal business. Like- interdepartmental transportation or when two or more Senate travelers traveling to- wise, if a traveler departs from or returns to the traveler is leaving their duty station and gether on the same trip and in the same ve- a city other than the traveler’s duty station entering into a travel status. The fee for hicle. or residence for personal business, then the parking a vehicle at a common carrier ter- (d) Government Rate: In connection with traveler may be reimbursed for transpor- minal, or other parking area, while the trav- the hire of an automobile for the use in con- tation expenses incurred which are less than eler is away from his/her official station, will ducting Senate business outside of Wash- or equal to the amount the traveler would be allowed only to the extent that the fee, ington, DC, it should be noted that the Mili- have been reimbursed had the witness de- plus the allowable mileage reimbursement, tary Traffic Management Command (MTMC), parted from and returned to his/her duty sta- to and from the terminal or other parking a division of the Department of Defense, ar- tion or residence. area, does not exceed the estimated cost for ranges all rental car agreements for the gov- II. Baggage use of a taxicab to and from the terminal. ernment. A. The term ‘‘baggage’’ as used in these 6. Mileage for use of privately owned air- (1) These negotiated car rental rates are regulations means Senate property and per- planes shall be certified from airway charts for federal employees traveling on official sonal property of the traveler necessary for issued by the National Oceanic and Atmos- business and include unlimited mileage, plus the purposes of the official travel. pheric Administration, Department of Com- full comprehensive and collision coverage B. Baggage in excess of the weight or of merce, and will be reported on the reim- (CDW) on rented vehicles at no cost to the size greater than carried free by transpor- bursement voucher and used in computing traveler.

VerDate Mar 15 2010 22:12 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JA8.REC S22JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 22, 2008 CONGRESSIONAL RECORD — SENATE S81 (2) For guidance on rate structure and the 1. An amendment to Rule XXXV of the A. Allowance companies participating in these rate agree- Standing Rules of the Senate, paragraph 1. Per diem expenses include all charges for ments, call the approved Senate vendor (cur- 1(c)(1)(C), enacted September 14, 2007, pursu- meals, lodging, personal use of room during rently the Combined Airline Ticket Office ant to P.L. 110–81, states: daytime, baths, all fees and tips to waiters, (CATO)). (C)(i) Fair market value for a flight on an air- porters, baggagemen, bell boys, hotel serv- (3) Individuals traveling on behalf of the craft described in item (ii) shall be the pro rata ants, dining room stewards and others on United States Senate should use these com- share of the fair market value of the normal and vessels, laundry, cleaning and pressing of panies to the maximum extent possible since usual charter fare or rental charge for a com- clothing, and fans in rooms. The term ‘‘lodg- these agreements provide full coverage with parable plane of comparable size, as determined ing’’ does not include accommodations on no extra fee. The Senate will not pay for sep- by dividing such cost by the number of Mem- airplanes or trains, and these expenses are arate insurance charges; therefore, any indi- bers, officers, or employees of Congress on the not subsistence expenses. viduals who choose to use non-participatory flight. (a) Laundry: Laundry expenses must be in- car rental agencies may be personally re- (ii) A flight on an aircraft described in this curred during the midway point of a trip. Re- sponsible for any damages or liability ac- item is any flight on an aircraft that is not— imbursable laundry expenses are for the re- crued while on official Senate business. (I) operated or paid for by an air carrier or freshing of clothing during a trip, but not (e) Insurance: In connection with the rent- commercial operator certificated by the Federal the maintenance of the clothing. al of vehicles from commercial sources, the Aviation Administration and required to be con- (b) Meals: Reimbursable expenses incurred Senate will not pay or reimburse for the cost ducted under air carrier safety rules; or for meals while on official travel include of the loss/damage waiver (LDW), collision (II) in the case of travel which is abroad, an meals and tips for the traveler only and may damage waiver (CDW) or collision damage air carrier or commercial operator certificated by not include alcohol. insurance available in commercial rental an appropriate foreign civil aviation authority 2. Per diem expenses will not be allowed an contracts for an extra fee. and the flight is required to be conducted under employee at his/her permanent duty station (1) The waiver or insurance referred to is air carrier safety rules. and will be allowed only when associated the type offered a renter to release him/her (iii) This subclause shall not apply to an air- with round trip travel outside his/her perma- from liability for damage to the rented vehi- craft owned or leased by a governmental entity nent duty station. cle in amounts up to the amount deductible or by a Member of Congress or a Member’s im- (a) Training: Meals in the duty station are on the insurance included as part of the rent- mediate family member (including an aircraft only reimbursable when they are incurred al contract without additional charge. owned by an entity that is not a public corpora- during a training session. If the cost of the (2) The cost of personal accident insurance tion in which the Member or Member’s imme- meal is included in the training session, then is a personal expense and is not reimburs- diate family member has an ownership interest), a meal certification form should be included able. provided that the Member does not use the air- with the voucher. The Committee on Rules (3) Accidents While On Official Travel: Col- craft anymore than the Member’s or immediate and Administration will consider these on a lision damage to a rented vehicle, for which family member’s proportionate share of owner- case by case basis. Meal certification forms the traveler is liable while on official busi- ship allows. are available at the Disbursing Office or on ness, will be considered an official travel ex- Prior to the commencement of official the Senate intranet. pense of the Senate up to the deductible travel on a corporate or private aircraft, the (1) Training is defined as a planned, pre- amount contained in the rental contract. traveler or the traveler’s designee shall con- pared, and coordinated program, course, cur- Such claims shall be considered by the Ser- tact a charter company in the departure or riculum, subject, system, or routine of in- geant at Arms of the Senate on a case by destination city to request a written esti- struction or education, in scientific, profes- case basis and, when authorized, settled from mate of the cost of a flight between the two sional or technical fields which are or will be the contingent fund of the Senate under the cities on a similar aircraft of comparable directly related to the performance by the line item—Reserve for Contingencies. This is size being provided by the corporation or pri- employee of official duties for the Senate, in consistent with the long-standing policy of vate entity. order to increase the knowledge, proficiency, the government to self-insure its own risks (a) For example, if a Learjet 45 XR aircraft ability, skill and qualifications of the em- of loss or damage to government property is being provided by the corporation or pri- ployee in the performance of official duties. and the liability of government employees vate entity, the traveler or the traveler’s (2) Meetings in the duty station where for actions within the scope of their official designee shall request a written estimate of meals are served, such as but not limited to duties. the cost to charter a Learjet 45 XR aircraft Chamber of Commerce monthly meetings do (4) However, when damages to a rented ve- from the departure city to the destination not constitute training. Therefore, the meals hicle occurs due to the negligent or wrongful city. associated with these meetings are not an act or omission of any Member, Officer, or (b) If no charter company is located in ei- authorized reimbursable expense. employee of the Senate while acting within ther the departure or destination city which 3. In any case where the employee’s tour of the scope of his/her employment, relief may rents a similar aircraft of comparable size, a travel requires more than two months’ stay be sought under the Federal Tort Claims charter company nearest either the destina- at a temporary duty station, consideration Act. tion or departure city which does so shall be should be given to either a change in official 3. Charter Aircraft: contacted for a written estimate. station or a reduction in the per diem allow- (a) Reimbursements for charter aircraft 3. Following the completion of official ance. will be limited to the charges for a twin-en- travel on a corporate or private aircraft, re- 4. Where for a traveler’s personal conven- gine, six-seat plane, or comparable aircraft. imbursement for related expenses may be ience/business there is an interruption of Charter of aircraft may be allowed notwith- processed on direct pay vouchers payable to travel or deviation from the direct route, the standing the availability of commercial fa- each individual traveler, to the corporation per diem expenses allowed will not exceed cilities, if such commercial facilities are not or private entity, or to the travel charge that which would have been incurred on un- such that reasonable schedules may be kept. card vendor. The written estimate received interrupted travel by a usually traveled When charter aircraft is used, an explanation from the charter company shall be attached route and the time of departure from and re- and detail of the size of the aircraft, i.e., to the voucher for processing. turn to official business shall be stated on seating capacity and number of engines, IV. Interdepartmental Transportation the voucher. shall be provided on the face of the voucher. A. The reimbursement for interdepart- 5. Per diem expenses will be allowed (b) In the event charter facilities are not mental transportation is authorized as a through the time the traveler departs on per- available at the point of departure, reim- travel expense pursuant to 2 U.S.C. 58(e) but sonal business and will be recommenced at bursement for charter from nearest point of only for the incidental transportation ex- the time he/she returns to official business. such availability to the destination and re- penses incurred within the duty station in Such dates and times shall be stated on the turn may be allowed. the course of conducting official Senate busi- voucher. (c) When a charter aircraft larger than a ness. Such reimbursement would include the B. Rates twin-engine, six-seat plane is used, the form following expenses: 1. The per diem allowances provided in ‘‘Request for a Waiver of the Travel Regula- 1. Mileage when using a privately owned these regulations represent the maximum al- tions’’ is submitted with the voucher. vehicle lowance, not the minimum. It is the respon- C. Corporate/Private Aircraft: Reimburse- 2. Bus, subway, taxi-cab, parking, and auto sibility of each office to see that travelers ment of official expenses for the use of a cor- rental. (However, reimbursement is prohib- are reimbursed only such per diem expenses porate or private aircraft is allowable from ited for auto rental expenses within the as are justified by the circumstances affect- the contingent fund of the Senate provided Washington, D.C., metropolitan area duty ing the travel. Maximum rates for subsist- the traveler complies with the prohibitions, station.) ence expenses are established by the General restrictions, and authorizations specified in B. Pursuant to S. Res. 294, agreed to April Services Administration and are published in these regulations. Moreover, pursuant to the 29, 1980, section 2.(1), reimbursements and the FEDERAL REGISTER. Maximum per Ethics Committee Interpretive Ruling 444, payments shall not be made for commuting diem rates for Alaska, Hawaii, the Common- excess campaign funds may be used to defray expenses, including parking fees incurred in wealth of Puerto Rico, and possessions of the official expenses consistent with the regula- commuting. United States are established by the Depart- tions promulgated by the Federal Election SUBSISTENCE EXPENSES ment of Defense and are also published in the Commission. I. Per Diem Expenses FEDERAL REGISTER. In addition, per diem

VerDate Mar 15 2010 22:12 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JA8.REC S22JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S82 CONGRESSIONAL RECORD — SENATE January 22, 2008 rates for foreign countries are established by official business when such expeditious training, official travel expense. However, if the Department of State and are published in means of communications is essential. Gov- the fee or time duration for meetings is in the document titled, ‘‘Maximum Travel Per ernment-owned facilities should be used, if excess of the aforementioned, reimburse- Diem for Foreign Areas.’’ practical. If not available, the cheapest prac- ment shall be made as an official training (a) Per diem expenses reimbursable to a tical class of commercial service should be expense. Reimbursement shall not be al- Member or employee of the Senate in con- used. lowed for tuition or fees associated with nection with official travel within the conti- B. Additionally, one personal telephone classes attended to earn credits towards an nental United States shall be made on the call will be reimbursed for each day that a advanced degree or certification. basis of actual expenses incurred, but not to Senator or staff member is in a travel status. C. If the fee or time duration for meetings exceed the maximum rate prescribed by the The calls may not exceed an average of five is in excess of the aforementioned, advance Committee on Rules and Administration for minutes a day, and cannot be reimbursed at approval by the Committee on Rules and Ad- each day spent in a travel status. Any por- a rate higher than $5.00 without itemized ministration must be sought. Training re- tion of a day while in a travel status shall be documentation. quests should be received sufficiently in ad- considered a full day for purposes of per diem IV. Stationery: Stationery items such as vance of the training to permit appropriate entitlement. pens, paper, batteries, etc. which are nec- consideration by the Committee on Rules (b) When travel begins or ends at a point in essary to conduct official Senate business and Administration. the continental United States, the maximum while in a travel status are authorized. D. The costs of meals that are considered per diem rate allowable for the portion of V. Conference Center/Meeting Room Res- an integral, mandatory, and non-separable travel between such place and the place of ervations: The fee for the reservation of a element of the conference, seminar, briefing, entry or exit in the continental United meeting room, conference room, or business or class will be allowed as part of the attend- States shall be the maximum rate prescribed center while on official travel is allowable. ance fee when certified by the registrant. by the Committee on Rules and Administra- VI. Other: This category would be used The meal certification forms which must ac- tion for travel within the continental United (with full explanation on the Expense Sum- company the reimbursement voucher are States. However, the quarter day in which mary Report for Travel) to disclose any ex- available in the Disbursing Office or through travel begins, in coming from, or ends, in pense which would occur incidentally while the Senate Intranet. going to, a point outside the continental on official travel, and for which there is no II. Training of Administrative Offices United States may be paid at the rate appli- other expense category, i.e., interpreting Staff: The administrative approval of the cable to said point, if higher. services, hotel taxes, baggage cart rental, voucher is the only approval required by the (c) In traveling between localities outside etc. Committee on Rules and Administration. the continental United States, the per diem Training expenses of staff shall be limited to CONFERENCE AND TRAINING FEES rate allowed at the locality from which trav- those fees associated with the attendance by el is performed shall continue through the I. Training of Senators’ Office Staff: The staff at conferences, seminars, briefings, or quarter day in which the traveler arrives at Senators’ Official Personnel and Office Ex- classes which are or will be directly related his/her destination: Provided, that if such pense Account is available to defray the fees to the performance of official duties. How- rate is not commensurate with the expenses associated with the attendance by the Sen- ever, reimbursement shall not be allowed for incurred, the per diem rate of the destina- ator or the Senator’s employees at con- tuition or fees associated with classes at- tion locality may be allowed for the quarter ferences, seminars, briefings, or classes tended to earn credits towards an advanced day of arrival. which are or will be directly related to the degree or certification. (d) Ship travel time shall be allowed at not performance of official duties. SPECIAL EVENTS A. When such fees (actual or reduced) are to exceed the maximum per diem rate pre- I. Retreats: Reimbursement of official less than or equal to $500, have a time dura- scribed by the Committee on Rules and Ad- travel expenses for office staff retreats is al- tion of not more than five (5) days, and have ministration for travel within the conti- lowable from the contingent fund provided been asked to be waived or reduced for Gov- nental United States. they follow the restrictions and authoriza- ernment participation, reimbursement shall C. Computations tions in these regulations. Reimbursement of be made as an official travel expense. How- 1. The date of departure from, and arrival expenses for meeting rooms and equipment ever, if the fee or time duration for meetings at, the official station or other point where used during the retreat also is allowable. The is in excess of the aforementioned, reim- official travel begins and ends, must be vouchers for retreat expenses should be bursement shall be made as a non-travel ex- shown on the travel voucher. Other points noted as retreat vouchers. visited should be shown on the voucher but pense. A. Discussion of Interpretative Ruling of date of arrival and departure at these points B. Reimbursement shall not be allowed for the Select Committee on Ethics, No. 444, need not be shown. tuition or fees associated with classes at- issued February 14, 2002. 2. For computing per diem allowances offi- tended to earn credits towards an advanced An office retreat may be paid for with either cial travel begins at the time the traveler degree or certification. or both official funds (with Rules Committee ap- leaves his/her home, office, or other point of C. The costs of meals that are considered proval) or principal campaign committee funds. departure and ends when the traveler returns an integral, mandatory and non-separable Private parties may not pay expenses incurred to his/her home, office, or other point at the element of the conference, seminar, briefing, in connection with an office retreat. Campaign conclusion of his/her trip. or class will be allowed as part of the attend- workers may attend, at campaign expense, office (a) The maximum allowable per diem for ance fee when certified by the registrant. retreats if their purpose in attending is to en- an official trip is computed by multiplying The meal certification form, which must ac- gage in official activities, such as providing the number of days on official travel, begin- company the reimbursement voucher, is feedback from constituents on legislative or rep- ning with the departure date, by the max- available in the Disbursing Office or through resentational matters. imum daily rate as prescribed by the Com- the Senate Intranet. B. When processing direct pay vouchers mittee on Rules and Administration. If the II. Training of Committee Employees: Sec- payable either to each individual traveler or maximum daily rate for a traveler’s destina- tion 202 (j) of the Legislative Reorganization to the vendor providing the retreat accom- tion is higher than the prescribed daily rate, Act of 1946 provides for the expenditure of modations, prior approval by the Committee then the form ‘‘Request for a Waiver of the funds available to standing committees of on Rules and Administration is not required. Travel Regulations’’ must be submitted with the Senate for the training of professional Retreat expenses, including but not limited the voucher showing the maximum daily staff personnel under certain conditions. It is to per diem, may be charged to the office’s rate for that location and found in order the responsibility of each committee to set official centrally billed government travel upon audit by the Rules Committee. aside funds within its annual funding resolu- charge card and paid on direct vouchers to (b) Total per diem for an official trip in- tion to cover the expenses of such training. the charge card vendor. Any deviation from cludes lodging expenses (excluding taxes), A. Prior approval for attendance by profes- this policy will be considered on a case by meals (including taxes and tips), and other sional staff at seminars, briefings, con- case basis upon the written request to, and per diem expenses as defined by these regula- ferences, etc., as well as committee funds approval from, the Committee on Rules and tions. earmarked for training, will not be required Administration. INCIDENTAL EXPENSES when all of the following conditions are met: C. Spreadsheet of Expenses I. Periodicals: Periodicals purchased while 1. The sponsoring organization has been 1. The Member office, Committee, or Ad- in a travel status should be limited to news- asked to waive or reduce the fee for Govern- ministrative office, must attach to the re- papers and news magazines necessary to stay ment participation. treat voucher(s) a spreadsheet detailing each informed on issues directly related to Senate 2. The fee involved (actual or reduced) is day of the retreat broken out by breakfast, business. not in excess of $500. lunch, dinner, and lodging for each traveler II. Traveler’s Checks/Money Orders: The 3. The duration of the meeting does not ex- attending the retreat. service fee for preparation of traveler’s ceed five (5) days. 2. For each traveler, the spreadsheet checks or money orders for use during offi- B. When such fees are less than or equal to should list his/her duty station, additional cial travel is allowable. $500, have a time duration of not more than per diem expenses incurred outside of the re- III. Communications five (5) days, and have been requested to be treat, and any other retreat attendee the A. Communication services such as tele- waived or reduced for Government participa- traveler shared a room with during the re- phone, telegraph, and faxes, may be used on tion, reimbursement shall be made as a non- treat. Any non-staff members attending the

VerDate Mar 15 2010 22:12 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JA8.REC S22JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 22, 2008 CONGRESSIONAL RECORD — SENATE S83 retreat also should be detailed on the spread- tion, and the voucher is personally signed by reporters in another area highly advan- sheet. The ‘‘Waiver of the Travel Regula- the Senator. tageous to the Senate; and further provided, tions’’ form does not need to be attached to Section 3. Official expenses of $50 or less must that should such hearings exceed five days in retreat voucher(s) for the sharing of rooms. either be documented or must be itemized in suf- duration, prior approval (for the payment of 3. The per diem expenses for staff members ficient detail so as to leave no doubt of the iden- reporters’ travel expenses) must be obtained attending a retreat within their duty station tity of, and the amount spent for, each item. from the Committee on Rules and Adminis- are not reimbursable but should be detailed Items of a similar nature may be grouped to- tration. on the spreadsheet. All expenses for non-staff gether in one total on a voucher, but must be IV. Witnesses Appearing Before the Senate members attending the retreat are not reim- itemized individually on a supporting (committees only) bursable, but their attendance at the retreat itemization sheet. A. The authorized transportation expenses must be taken into account when computing Section 4. Travel expenses shall be subject to incurred and associated with a witness ap- a per traveler cost on the spreadsheet. the same documentation requirements as other pearing before the Senate at a designated II. Funerals: Members who represent the official expenses, with the following exceptions: place of examination pursuant to S. Res. 259, Senate at the funeral of a Member or former (a) Hotel bills or other evidence of lodging agreed to August 5, 1987, will be those nec- member may be reimbursed for the actual costs will be considered necessary in support of essary transportation expenses incurred in and necessary expenses of their attendance, per diem. traveling from the witness’ place of resi- pursuant to S. Res. 263, agreed to July 30, (b) Documentation will not be required for re- dence to the site of the Senate examination 1998. Additionally, the actual and necessary imbursement of official travel in a privately and the necessary transportation expenses expenses of a committee appointed to rep- owned vehicle. incurred in returning the witness to his/her resent the Senate at the funeral of a de- Section 5. No documentation will be required residence. ceased Member or former Member may be re- for reimbursement of the following classes of ex- B. If a witness departs from a city other imbursed pursuant to S. Res. 458, agreed to penses, as these are billed and paid directly than the witness’ city of residence to appear October 4, 1984. through the Sergeant at Arms and Doorkeeper: before the Senate or returns to a city other A. Pursuant to 2 U.S.C. 58e, which author- (a) official telegrams and long distance calls than the witness’ city of residence after ap- izes reimbursement for travel while on offi- and related services; pearing before the Senate, then Senate com- cial business within the United States, mem- (b) stationery and other office supplies pro- mittees may reimburse the witness for trans- bers and their staff may be reimbursed for cured through the Senate Stationery Room for portation expenses incurred which are less the actual and necessary expenses of attend- use for official business. than or equal to the amount the committee ing funerals within their home state only. Section 6. The Committee on Rules and Ad- would have reimbursed the witness had the B. Examples of funerals that may be con- ministration may require documentation for ex- witness departed from and returned to his/ sidered official business include, but are not penses incurred of $50 or less, or authorize pay- her residence. Any deviation from this policy limited to, funerals for military service- ment of expenses incurred in excess of $50 with- will be considered on a case by case basis members, first responders, or public officials out documentation, in special circumstances. upon the written request to, and approval from the Member’s state. COMMITTEE AND ADMINISTRATIVE OFFICE from, the Committee on Rules and Adminis- SENATORS’ OFFICE STAFF STAFF tration. C. Service fees for the preparation or mail- I. Legislative Authority (2 U.S.C. 58(e), as (Includes all committees of the Senate, the ing of passenger coupons for indigent or sub- amended) Office of the Secretary of the Senate, and the poenaed witnesses testifying before Senate (e) Subject to and in accordance with regula- Office of the Sergeant at Arms and Door- committees shall be considered reimbursable tions promulgated by the Committee on Rules keeper of the Senate) for purposes of official travel. and Administration of the Senate, a Senator I. Legislative Authority (2 U.S.C. 68b) D. Transportation expenses for witnesses and the employees in his office shall be reim- No part of the appropriations made under the may be charged to the Committee’s official bursed under this section for travel expenses in- heading ‘Contingent Expenses of the Senate’ centrally billed government travel charge curred by the Senator or employee while trav- may be expended for per diem and subsistence card and paid on direct vouchers to the eling on official business within the United expenses (as defined in section 5701 of Title 5) at charge card vendor. Additionally, per diem States. The term ‘travel expenses’ includes ac- rates in excess of the rates prescribed by the expenses for indigent witnesses may be tual transportation expenses, essential travel-re- Committee on Rules and Administration; except charged to the Committee’s official govern- lated expenses, and, where applicable, per diem that (1) higher rates may be established by the ment charge card and paid on direct vouch- expenses (but not in excess of actual expenses). Committee on Rules and Administration for ers to the charge card vendor. A Senator or an employee of the Senator shall travel beyond the limits of the continental V. Regulations Governing Payments and not be reimbursed for any travel expenses (other United States, and (2) in accordance with regu- Reimbursements from the Senate Contingent than actual transportation expenses) for any lations prescribed by the Committee on Rules Funds for Expenses of Senate Committees travel occurring during the sixty days imme- and Administration of the Senate, reimburse- and Administrative Offices diately before the date of any primary or gen- ment for such expenses may be made on an ac- eral election (whether regular, special, or run- tual expense basis of not to exceed the daily rate (Adopted by the Committee on Rules and Ad- off) in which the Senator is a candidate for pub- prescribed by the Committee on Rules and Ad- ministration on July 23, 1987, as author- lic office (within the meaning of section 301(b) ministration in the case of travel within the ized by S. Res. 258, 100th Congress, 1st ses- of the Federal Election Campaign Act of 1971), continental limits of the United States. sion, these regulations supersede regula- unless his candidacy in such election is II. Incidental Expenses: The following tions adopted by the Committee on Octo- uncontested. For purposes of this subsection items may be authorized or approved when ber 22, 1975, and April 30, 1981, as amend- and subsection 2(a)(6) of this section, an em- related to official travel: ed.) ployee in the Office of the President Pro Tem- 1. Commissions for conversion of currency Section 1. Unless otherwise authorized by law pore, Deputy President Pro Tempore, Majority in foreign countries. or waived pursuant to Section 6, herein, no pay- Leader, Minority Leader, Majority Whip, Mi- 2. Fees in connection with the issuance of ment or reimbursement will be made from the nority Whip, Secretary of the Conference of the passports, visa fees; costs of photographs for contingent fund of the Senate for any official Majority, or Secretary of the Conference of the passports and visas; costs of certificates of expenses incurred by any Senate committee Minority shall be considered to be an employee birth, health, identity; and affidavits; and (standing, select, joint, or special), commission, in the office of the Senator holding such office. charges for inoculations which cannot be ob- administrative office, or other authorized Senate II. Regulations Governing Senators’ Offi- tained through a federal dispensary when re- activity whose funds are disbursed by the Sec- cial Personnel and Office Expense Accounts quired for official travel outside the limits of retary of the Senate, in excess of $50, unless the Adopted by the Committee on Rules and Ad- the United States. voucher submitted for such expenses is accom- ministration Pursuant to Senate Resolution III. Hearing Expenses (committees only) panied by documentation, and the voucher is 170 agreed to September 19, 1979, as amended. A. In connection with hearings held out- certified by the properly designated staff mem- Section 1. For the purposes of these regula- side of Washington, D.C., committees are au- ber and approved by the Chairman or elected tions, the following definitions shall apply: thorized to pay the travel expenses of official Senate Officer. The designation of such staff (a) Documentation means invoices, bills, state- reporters having company offices in Wash- members for certification shall be done by means ments, receipts, or other evidence of expenses in- ington, D.C., or in other locations, for trav- of a letter to the Chairman of the Committee on curred, approved by the Committee on Rules eling to points outside the District of Colum- Rules and Administration. ‘‘Official expenses,’’ and Administration. bia or outside such other locations, provided: for the purposes of these regulations, means or- (b) Official expenses means ordinary and nec- 1. Said hearings are of such a classified or dinary and necessary business expenses in sup- essary business expenses in support of the Sen- security nature that their transcripts can be port of a committee’s or administrative office’s ators’ official and representational duties. accomplished only by reporters having the official duties. Section 2. No reimbursement will be made from necessary clearance from the proper federal Section 2. Such documentation should consist the contingent fund of the Senate for any offi- agencies; of invoices, bills, statements, receipts, or other cial expenses incurred under a Senator’s Official 2. Extreme difficulty is experienced in the evidence of expenses incurred, and should in- Personnel and Office Expense Account, in ex- procurement of local reporters; or clude ALL of the following information: cess of $50, unless the voucher submitted for 3. The demands of economy make the use (a) date expense was incurred; such expenses is accompanied by documenta- of Washington, D.C., reporters or traveling (b) the amount of the expense;

VerDate Mar 15 2010 22:12 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00071 Fmt 4624 Sfmt 6333 E:\2008SENATE\S22JA8.REC S22JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S84 CONGRESSIONAL RECORD — SENATE January 22, 2008 (c) the product or service that was provided; Section 10. Committees are encouraged to I ask unanimous consent that the fol- (d) the vendor providing the product or serv- maintain a separate checking account only for lowing revisions to S. Con. Res. 21 be ice; the purpose of a petty cash fund and with a printed in the RECORD. (e) the address of the vendor; and balance not in excess of $300. (f) the person or office to whom the product or Section 11. Vouchers for the reimbursement of There being no objection, the mate- service was provided. official travel expenses to a committee chairman rial was ordered to be printed in the Expenses being claimed should reflect only or member, officer, employee, contractor, RECORD, as follows: current charges. Original copies of documenta- detailee, or witness shall be accompanied by an tion should be submitted. However, legible fac- ‘‘Expense Summary Report—Travel’’ signed by CONCURRENT RESOLUTION ON THE BUDGET FOR FISCAL similes will be accepted. such person. Vouchers for the reimbursement to YEAR 2008—S. CON. RES. 21; FURTHER REVISIONS TO Section 3. Official expenses of $50 or less must any such individual for official expenses other THE CONFERENCE AGREEMENT PURSUANT TO SECTION either be documented or must be itemized in suf- than travel expenses shall be accompanied by 302 DEFICIT-NEUTRAL RESERVE FUND FOR VETERANS ficient detail so as to leave no doubt of the iden- an ‘‘Expense Summary Report—Non-Travel’’ AND WOUNDED SERVICEMEMBERS tity of, and the amount spent for, each item. signed by such person. [In billions of dollars] However, hotel bills or other evidence of lodging APPENDIX A: THE FEDERAL TORT CLAIMS ACT costs will be considered necessary in support of Pursuant to the provisions of S. Res. 492, Section 101 per diem expenses and cannot be itemized. agreed to December 10, 1982, the Sergeant at Section 4. Documentation for services ren- Arms has the authority to consider and as- (1)(A) Federal Revenues: dered on a contract fee basis shall consist of a FY 2007 ...... 1,900.340 certain and, with the approval of the Com- contract status report form available from the FY 2008 ...... 2,025.851 mittee on Rules and Administration, deter- FY 2009 ...... 2,122.271 Disbursing Office. However, other expenses au- mine, compromise, adjust, and settle, in ac- FY 2010 ...... 2,176.587 thorized expressly in the contract will be subject FY 2011 ...... 2,357.853 cordance with the provisions of chapter 171 FY 2012 ...... 2,500.250 to the documentation requirements set forth in of Title 28, United States Code (The Federal (1)(B) Change in Federal Revenues: these regulations. Tort Claims Act), any claim for money dam- FY 2007 ...... ¥4.366 Section 5. No documentation will be required FY 2008 ...... ¥24.945 ages against the United States for injury of for the following expenses: FY 2009 ...... 15.345 loss of property or personal injury or death FY 2010 ...... 12.866 (a) salary reimbursement for compensation on caused by negligent or wrongful act or omis- FY 2011 ...... ¥36.697 a ‘‘When Actually Employed’’ basis; FY 2012 ...... ¥96.846 sion of any Member, Officer, or Employee of (b) reimbursement of official travel in a pri- (2) New Budget Authority: the Senate while acting within the scope of FY 2007 ...... 2,371.470 vately owned vehicle; his/her employment. Any compromise, ad- FY 2008 ...... 2,512.564 (c) foreign travel expenses incurred by official FY 2009 ...... 2,526.556 congressional delegations, pursuant to S. Res. justment, or settlement of any such claim FY 2010 ...... 2,581.669 not exceeding $2,500 shall be paid from the FY 2011 ...... 2,696.949 179, 95th Congress, 1st session; contingent fund of the Senate on a voucher FY 2012 ...... 2,736.623 (d) expenses for receptions of foreign dig- (3) Budget Outlays: nitaries, pursuant to S. Res. 247, 87th Congress, approved by the Chairman of the Committee FY 2007 ...... 2,294.862 2nd session, as amended; and on Rules and Administration. FY 2008 ...... 2,476.456 Payments of awards, compromises, or set- FY 2009 ...... 2,573.413 (e) expenses for receptions of foreign dig- tlements in excess of $2,500 are obtained by FY 2010 ...... 2,609.610 nitaries pursuant to Sec. 2 of P.L. 100–71 effec- FY 2011 ...... 2,702.343 the agency by referring the award, com- tive July 11, 1987. FY 2012 ...... 2,715.437 Section 6. In special circumstances, the Com- promise, or settlement to the General Ac- counting Office for payment. Appropriations mittee on Rules and Administration may require or funds for the payment of judgments and CONCURRENT RESOLUTION ON THE BUDGET FOR FISCAL documentation for expenses incurred of $50 or compromises are made available for payment YEAR 2008—S CON RES 21; FURTHER REVISIONS TO less, or authorize payment of expenses incurred of awards, compromises, and settlements THE CONFERENCE AGREEMENT PURSUANT TO SECTION in excess of $50 without documentation. Section 7. Cash advances from the Disbursing under the Federal Tort Claims Act. 302 DEFICIT-NEUTRAL RESERVE FUND FOR VETERANS However, any award under the Federal Office are to be used for travel and petty cash AND WOUNDED SERVICEMEMBERS Tort Claims Act in excess of $25,000 cannot expenses only. No more than $5000 may be out- [In millions of dollars] take effect except with the prior written ap- standing at one time for Senate committees or proval of the Attorney General. administrative offices, unless otherwise author- f ized by law or resolution, and no more than $300 Current Allocation to Senate Armed Services Committee: of that amount may be used for a petty cash FURTHER CHANGES TO S. CON. FY 2007 Budget Authority ...... 98,717 fund. The individual receiving the cash advance FY 2007 Outlays ...... 98,252 RES. 21 FY 2008 Budget Authority ...... 102,110 will be personally liable. The Committee on FY 2008 Outlays ...... 102,041 Rules and Administration may, in special in- Mr. CONRAD. Mr. President, pursu- FY 2008–2012 Budget Authority ...... 547,250 stances, increase these non-statutory limits ant to section 302 of S. Con. Res. 21, I FY 2008–2012 Outlays ...... 546,657 Adjustments: upon written request by the Chairman of that filed revisions to S. Con. Res. 21, the FY 2007 Budget Authority ...... 0 committee and proper justification. 2008 budget resolution. Those revisions FY 2007 Outlays ...... 0 Section 8. Documentation of petty cash ex- FY 2008 Budget Authority ...... 15 were made for legislation that im- FY 2008 Outlays ...... 112 penses shall be listed on an official petty cash proved certain services for and benefits FY 2008–2012 Budget Authority ...... ¥258 itemization sheet available from the Disbursing FY 2008–2012 Outlays ...... 22 Office and should include ALL of the following to wounded or disabled military per- Revised Allocation to Senate Armed Services Committee: sonnel and retirees, veterans, and their FY 2007 Budget Authority ...... 98,717 information: FY 2007 Outlays ...... 98,252 (a) date expense was incurred; survivors and dependents. FY 2008 Budget Authority ...... 102,125 (b) amount of expense; Congress cleared the conference re- FY 2008 Outlays ...... 102,153 (c) product or service provided; and FY 2008–2012 Budget Authority ...... 546,992 port accompanying H.R. 1585, the Na- FY 2008–2012 Outlays ...... 546,679 (d) the person incurring the expense (payee). tional Defense Authorization Act for Each sheet must be signed by the Senate em- fiscal year 2008, on December 14, 2007. f ployee receiving cash and an authorizing offi- cial (i.e., someone other than the employee(s) Unfortunately, H.R. 1585 was not signed FURTHER CHANGES TO S. CON. authorized to certify vouchers). Original re- into law by the President. Con- RES. 21 sequently, I am further revising the ceipts or facsimiles must accompany the Mr. CONRAD. Mr. President, section itemization sheet for petty cash expenses over 2008 budget resolution and reversing $50. the adjustments previously made pur- 302 of S. Con. Res. 21, the 2008 budget Section 9. Petty cash funds should be used for suant to section 302 to the aggregates resolution, permits the chairman of the the following incidental expenses: and the allocation provided to the Sen- Senate Budget Committee to revise the (a) postage; ate Armed Services Committee. allocations, aggregates, and other ap- (b) delivery expenses; Mr. President, last week the House propriate levels for legislation that im- (c) interdepartmental transportation (reim- proves certain services for and benefits bursements for parking, taxi, subway, bus, pri- passed H.R. 4986, a bill that is substan- vately owned automobile (p.o.a.), etc.; tially similar to H.R. 1585 and that also to wounded or disabled military per- (d) single copies of publications (not subscrip- meets the conditions of the reserve sonnel and retirees, veterans, and their tions); fund for veterans and wounded service- survivors and dependents. Section 302 (e) office supplies not available in the Senate members. Consequently, for the infor- authorizes the revisions provided that Stationery Room; and mation of my colleagues, I will be fur- the legislation does not worsen the def- (f) official telephone calls made from a staff icit over either the period of the total member’s residence or toll charges incurred ther revising the 2008 budget resolution within a staff member’s duty station. pursuant to section 302 of S. Con. Res. of fiscal years 2007 through 2012 or the Petty cash funds should not be used for the 21 for Senate consideration of H.R. period of the total of fiscal years 2007 procurement of equipment. 4986. through 2017.

VerDate Mar 15 2010 22:12 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JA8.REC S22JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 22, 2008 CONGRESSIONAL RECORD — SENATE S85 I find that H.R. 4986, the National De- Tributes to Trent will include praise he was a member of the Junior Reserve fense Authorization Act for fiscal year of his extraordinary leadership abili- Officers’ Training Corps. In 1997, he 2008, satisfies the conditions of the def- ties, his thoughtfulness for others, his passed the GED exam. He was first de- icit-neutral reserve fund for veterans physical strength and endurance dur- ployed to Afghanistan shortly after the and wounded servicemembers. There- ing long sessions of work, his even tem- Sept. 11, 2001, terrorist attacks. Before fore, pursuant to section 302, I am ad- per and good humor, and even his vocal deploying for the final time, he com- justing the aggregates in the 2008 budg- performance talents. pleted the Army’s sniper school. et resolution, as well as the allocation But Senate ‘‘insiders’’ will usually Staff Sergeant Gaul’s wife Jessica provided to the Senate Armed Services turn to the concept of ‘‘Trent the Vote- called him a ‘‘very good man and lov- Committee. Counter’’ in an attempt to identify how ing husband.’’ She said, ‘‘He did not I ask unanimous consent that the fol- and why our friend succeeded on so waiver from his responsibility. He al- lowing revisions to S. Con. Res. 21 be many occasions while many colleagues ways trained hard as he led the way by printed in the RECORD. did not fare so well. I would not sug- example. He was focused and deter- There being no objection, the mate- gest for a moment that Trent lacked mined as he sought out more special rial was ordered to be printed in the any counting ability, but I would sug- forces training.’’ Again, my sincerest RECORD, as follows: gest that a search for his crystal ball condolences go to his family and misses a major point. Trent was suc- friends. I ask my colleagues here in the CONCURRENT RESOLUTION ON THE BUDGET FOR FISCAL cessful because he convinced people Senate and all Americans to remember YEAR 2008—S. CON. RES. 21; FURTHER REVISIONS TO that they should support him and dem- with gratitude and appreciation a fine THE CONFERENCE AGREEMENT PURSUANT TO SECTION onstrate that support by voting for man and an exemplary solider, Army 302 DEFICIT-NEUTRAL RESERVE FUND FOR VETERANS him. SSG Sean M. Gaul. AND WOUNDED SERVICEMEMBERS Long before he announced his inter- f [In billions of dollars] est in elective office or commenced ‘‘herding cats’’ on the House or Senate RECOGNIZING THE SAFE Section 101 floors, Trent studied the Congress with COALITION (1)(A) Federal Revenues: the benefit of his able mentors, and he Mr. DORGAN. Mr. President, early in FY 2007 ...... 1,900.340 FY 2008 ...... 2,025.853 learned the fundamentals of how they 2007 I met with a distinguished group of FY 2009 ...... 2,122.272 had gained election in his home State American business leaders and retired FY 2010 ...... 2,176.581 FY 2011 ...... 2,357.845 of Mississippi. Trent learned that long military officers who had formed an or- FY 2012 ...... 2,500.246 before any vote-counting commenced, ganization called Securing America’s (1)(B) Change in Federal Revenues: FY 2007 ...... ¥4.366 the fundamental task was to win Future Energy, SAFE, Coalition for FY 2008 ...... ¥24.943 hearts, minds, and trust of individual the purpose of improving our country’s FY 2009 ...... 15.346 FY 2010 ...... 12.860 voters, and that requires evaluation of energy security. FY 2011 ...... ¥36.705 interests, the best arguments delivered This organization was comprised of a FY 2012 ...... ¥96.850 (2) New Budget Authority: in the most appropriate language with high level group of business and retired FY 2007 ...... 2,371.470 the best selection of time and place, military leaders led by Federal Express FY 2008 ...... 2,512.558 FY 2009 ...... 2,527.441 and the steady development of trust. CEO Fred Smith, and retired Marine FY 2010 ...... 2,581.501 We watched Trent win elections in GEN P.X. Kelley. They understood that FY 2011 ...... 2,696.692 FY 2012 ...... 2,736.438 Mississippi, from afar, but we have wit- our country’s continued dependence on (3) Budget Outlays: nessed his House and Senate leadership foreign oil coming from troubled parts FY 2007 ...... 2,294.862 FY 2008 ...... 2,476.425 races up close. He faced strong and able of the world holds our entire economy FY 2009 ...... 2,574.227 opposition. He was a graceful winner. hostage to events that are outside of FY 2010 ...... 2,609.365 FY 2011 ...... 2,702.029 He fulfilled all expectations and prom- our control. They knew that our en- FY 2012 ...... 2,715.194 ises, and we know he will continue to ergy security relates to both economic do so. security and our national security and CONCURRENT RESOLUTION ON THE BUDGET FOR FISCAL Trent, I thank you for loyal friend- they wanted to do something about it. YEAR 2008—S. CON. RES. 21; FURTHER REVISIONS TO ship, personal encouragement, and the Their organization worked to develop THE CONFERENCE AGREEMENT PURSUANT TO SECTION times we have enjoyed great experi- a specific, aggressive plan that would 302 DEFICIT-NEUTRAL RESERVE FUND FOR VETERANS ences, together. I pray for your con- reduce our dependence on foreign oil AND WOUNDED SERVICEMEMBERS tinuing good health and vitality which and reduce the intensity of oil use. [In millions of dollars] will make possible the enjoyment of Specifically, the plan called for an your loving family and your service to increase in vehicle efficiency through Current Allocation to Senate Armed Services Committee: others. more aggressive CAFE standards. It FY 2007 Budget Authority ...... 98,717 f also called for additional energy pro- FY 2007 Outlays ...... 98,252 duction here at home, both renewable FY 2008 Budget Authority ...... 102,125 HONORING OUR ARMED FORCES FY 2008 Outlays ...... 102,153 and fossil energy, a much greater em- FY 2008–2012 Budget Authority ...... 546,992 STAFF SERGEANT SEAN M. GAUL phasis on conservation, and new and FY 2008–2012 Outlays ...... 546,679 Mr. GRASSLEY. Mr. President, innovative ways to make more effi- Adjustments: FY 2007 Budget Authority ...... 0 today I salute a great American hero cient use of our energy. FY 2007 Outlays ...... 0 who has fallen in service to his country Following our meeting I decided to FY 2008 Budget Authority ...... ¥6 in support of Operation Iraqi Freedom. take the lead in sponsoring legislation FY 2008 Outlays ...... ¥31 FY 2008–2012 Budget Authority ...... 271 Army SSG Sean M. Gaul gave his life to implement the bulk of the SAFE FY 2008–2012 Outlays ...... ¥17 on January 9, 2008, after sustaining Coalition’s plan because I believed it Revised Allocation to Senate Armed Services Committee: wounds when an improvised explosive was the best combination of ap- FY 2007 Budget Authority ...... 98,717 device detonated while he was on pa- proaches to begin solving our problem FY 2007 Outlays ...... 98,252 FY 2008 Budget Authority ...... 102,119 trol in Sinsil, Iraq, in the Diyala Prov- of excessive dependence on foreign oil. FY 2008 Outlays ...... 102,122 ince. He was serving his fifth deploy- By the end of 2007 I am pleased to say FY 2008–2012 Budget Authority ...... 547,263 ment in Iraq and Afghanistan. His loy- that a substantial portion of that legis- FY 2008–2012 Outlays ...... 546,662 alty and bravery will be remembered. lation which was recommended by the f My thoughts and prayers go out to SAFE Coalition is now law. For the Sean’s family and friends, especially to first time in over 34 years, Congress fi- HONORING SENATOR TRENT LOTT his wife Jessica and their young daugh- nally increased CAFE standards that Mr. LUGAR. I join my Senate col- ter, his mother Christine, and his fa- require a 10-mile-per-gallon increase leagues in expressing our confidence ther Michael. over 10 years. It applies to both auto- that many wonderful adventures lie be- Sean Gaul lived in Cresco, IA, with mobiles and trucks and does it in a way fore our friend, Trent Lott, and his his parents until the age of 7. He then that does not penalize large vehicles. family, even as we are saddened by his moved to Reno, NV, with his mother. But it requires all vehicles to meet plans to leave the Senate. He attended Reed High School, where greater efficiency standards.

VerDate Mar 15 2010 22:12 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00073 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JA8.REC S22JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S86 CONGRESSIONAL RECORD — SENATE January 22, 2008 The Congress also included major And the Peace Corps is only one part Sargent Shriver is a leader and serv- new goals with respect to a robust re- of Sargent Shriver’s important con- ant whose legacy will live on for gen- newable fuel standard of 36 billion gal- tributions to our country. erations to come. It will live on in the lons a year. All of those provisions Sargent Shriver served as the first work of Peace Corps volunteers in na- were recommendations of the SAFE Director of the Office of Economic Op- tions around the world. It will live on Coalition and recommendations in the portunity under President Lyndon in the work of AmeriCorps helping to legislation that I introduced in the Johnson. He helped lead President lift up communities here at home. And Congress. Johnson’s war on poverty where he cre- it will live on in his work to create The recommendations on additional ated or inspired the creation of many more opportunities for children and production of energy was advanced social programs, including Volunteers families living in poverty. with the recent passage legislation to in Service to America, VISTA, Head Together, we can help to carry his open a portion of the Gulf of Mexico, Start, Foster Grandparents, Job Corps, legacy forward, too, through public known as Lease 181, to additional pro- Upward Bound, and the Legal Services service—and through small and large duction of oil and natural gas. Corporation. I was honored and proud acts of kindness and generosity to There is still more to be done to re- to serve on the board of Legal Services build better communities and a better duce our oil intensity and to allow us Corporation from 1978 to 1981, chairing world.∑ to become less dependent on foreign the board of directors from 1978 to 1980. f sources of oil. But I was proud to have The Legal Services Corporation, and (At the request of Mr. REID, the fol- been a member of the Energy Com- many efforts mentioned, continue to lowing statement was ordered to be mittee in the Senate that has advanced help millions of low-income Americans printed in the RECORD.) an energy bill with real and construc- today. IRAQ’S RELIGIOUS MINORITIES tive solutions that will improve Amer- He played a significant role in the ica’s energy future. drafting and passage of the National ∑ Mr. OBAMA. Mr. President, I wrote And I was also pleased to work with Community Service Trust Act of 1993, to Secretary Rice on September 11, Fred Smith, P.X. Kelley, and many legislation that created AmeriCorps, 2007, out of concern for Iraq’s Christian other American leaders who wanted to and I was proud to work with him on and other non-Muslim religious mi- do the right thing for this country and this effort in the Clinton administra- norities who appear to be targeted by whose efforts as a part of the SAFE Co- tion. In recognition of his service to Sunni, Shiite, and Kurdish militants. alition, I believe, had measurable and this Nation, on August 8, 1994, Presi- The severe violations of religious free- substantial impact on the progress dent Bill Clinton presented Sargent dom faced by members of these indige- that we made this year. Shriver with the Presidential Medal of nous communities, and their potential In a climate of so much partisanship, Freedom, our country’s highest civil- extinction from their ancient home- and at a time when it is so difficult to ian honor. land, is deeply alarming in light of our get things done, I am proud that all of I continue to be inspired by Sargent mission to bring freedom to the Iraqi us, working together, did something Shriver’s service to our country. In people. that represents a real investment in fact, nearly a decade ago, I joined Sar- In addition, such violence may be an America’s future. gent Shriver at the dedication of the indicator of greater sectarian violence. new Peace Corps building and re- Such rising violence and the Iraqi in- f ternally displaced people and refugee (At the request of Mr. REID, the fol- counted a story I once heard. When the founders of Peace Corps were just crises potentially could serve as cata- lowing statement was ordered to be lysts for wider regional instability. printed in the RECORD.) starting out—still figuring out what the organization would look like and These crises demand an urgent re- HONORING SARGENT SHRIVER how it would work—Sargent Shriver sponse from our Government. ∑ Mrs. CLINTON. Mr. President, I was shown an organizational chart. On January 11, 2008, I received a re- would like to pay tribute to Sargent This chart showed him at the top, with sponse from the Department of State Shriver, a humanitarian and powerful lines pointing down at staff members to the questions I posed in my letter. I advocate for the poor and most vulner- at various levels of a hierarchy. At the ask to have my original letter and the able among us. bottom of the chart was the word ‘‘vol- response from the Department of State ∑ While serving under President John unteer.’’ When Sargent Shriver saw printed in the CONGRESSIONAL RECORD. There being no objection, the mate- F. Kennedy, Sargent Shriver was the this chart, he turned it upside down be- rial was ordered to be printed in the driving force behind the creation of the cause he believed deeply that the vol- RECORD, as follows: Peace Corps and is credited with turn- unteers were the heart and soul—and ing a bold idea for public service into a the most important part—of the Peace U.S. SENATE, reality. Each year, more than 8,000 of Corps. His vision set the course of the Washington, DC, September 11, 2007. our best and brightest citizens travel Hon. CONDOLEEZZA RICE, agency—and that is how it has been Secretary, Department of State, around the world, representing our Na- run ever since. Washington, DC. tion and values, to work with govern- Each of us has a responsibility to live DEAR SECRETARY RICE: I am writing out of ments, nonprofits, schools, and local up to that vision, to promote vol- concern for Iraq’s Christian and other non- citizens to fulfill three goals: providing unteerism, to give our young people a Muslim religious minorities, including aid to those in need, promoting a bet- chance to give back to the Nation that Catholic Chaldeans, Syriac Orthodox, Assyr- ter understanding of America, and fos- has given each of us so much. That is ian, Armenian and Protestant Christians, as well as smaller Yazidi and Sabean Mandaean tering greater understanding between why I stood with my colleagues in 2003 communities. I know that the fate of these people of different nations. to undo massive funding cuts to communities was the subject of a recent let- Today, Peace Corps volunteers join AmeriCorps. These are cuts that would ter to you from the U.S. Commission on with people across the globe in helping have meant thousands of Americans International Religious Freedom. to lift up families and communities: who wanted to serve through programs These communities appear to be targeted farming and agricultural development like VISTA, City Year, and Teach For by Sunni, Shiite and Kurdish militants. The in Paraguay; promoting education in America but would be turned away at U.N. High Commissioner for Refugees reports China; combating HIV/AIDS in Ghana; that Christians, now less than 4 percent of the doors. Iraq’s population, make up 40 percent of its and so much else. More than 190,000 And that is why I have worked to refugees. And according to the United States Peace Corps volunteers have served in support AmeriCorps and to remove bar- Commission on International Religious Free- nearly 140 countries. The work Peace riers to public service. I proposed the dom, ‘‘violence against members of Iraq’s Corps volunteers are carrying out on Public Service Academy Act. It would Christian community occurs throughout the behalf of our country has never been create a new Public Service Academy, country, and the Commission has raised par- more important than it is today. There modeled on the military service acad- ticular concern about reports from Baghdad, is an urgent need to repair the damage emies, to provide a 4-year, affordable Mosul, Basra, and the north Kurdish re- gions.’’ to America’s image abroad, both college education for more than 5,000 Such violence bespeaks a humanitarian among our friends and those who do students each year in exchange for 5- crisis of grave proportions. The severe viola- not wish America well. year commitment to public service. tions of religious freedom faced by members

VerDate Mar 15 2010 22:12 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00074 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JA8.REC S22JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 22, 2008 CONGRESSIONAL RECORD — SENATE S87 of these indigenous communities, and their disproportionate to their representation in ing a continuing need for access to food and potential extinction from their ancient the population. However, communities that potable water, adequate shelter and sanita- homeland, is deeply alarming in light of our are isolated or small in number and that tion, and health care and other social serv- mission to bring freedom to the Iraqi people. lack the means of providing for their own ices. In addition, IDPs are faced with border In addition, such violence may be an indi- protection are particularly at risk. crossing closures; restrictions on their abili- cator of greater sectarian violence. Such ris- The Department of State is coordinating ties to register as IDPs, and the upcoming ing sectarian violence and the Iraqi inter- closely with several U.S. Government agen- winter. USAID is prepared to help IDPs re- nally displaced people and refugee crises po- cies, as well as the Government of Iraq, reli- spond to these vulnerabilities with existing tentially could serve as catalysts for wider gious leaders, and local ethnic and religious resources and partners, and plans to con- regional instability. These crises demand an organizations in Iraq, to help alleviate the tinue responding with additional resources urgent response from our government. plight of minority groups. Moreover, the Em- expected to be obligated by the end of cal- In that regard. I request that you provide bassy and Provincial Reconstruction Teams endar year 2007. responses to the following questions: (PRTs), together with Coalition Forces, are The Secretary of Defense could best ad- (1) Is it the State Department’s view that working at the national and provincial level dress your question about mechanisms to en- Iraq’s Christian and other non-Muslim mi- to help the Iraqi Government provide the sure that U.S.-trained and equipped Iraqi Se- norities face particular threats because of necessary protection and safety for all of its curity Forces do not use U.S.-provided as- their religion? Do they face a level of threat citizens, including Iraqi religious minorities. sistance for sectarian purposes. and abuse disproportionate to their represen- And the Government of Iraq continues to im- We hope this information is helpful to you. tation in the Iraqi population? prove its capacity and capability to improve Please do not hesitate to contact us if we (2) Has the State Department or our em- the overall security situation and, thereby, can be of further assistance on this or any bassy in Baghdad sought out members of protect Iraq’s minority communities. We other matter. these communities to inquire as to what the would also note that while we have seen re- Sincerely, United States could do to enhance their pro- ports of violence against Iraqi non-Muslims, JEFFREY T. BERGNER, tection? we have not seen evidence showing these Assistant Secretary, Legislative Affairs. (3) What steps, if any, has the State De- acts were part of an orchestrated effort by f partment taken to urge the Iraqi govern- Iraqi government forces. ment to provide protection to Iraq’s Chris- As part of our efforts to help improve the ADDITIONAL STATEMENTS tian and other non-Muslim religious minori- situation for minority groups in Iraq, State ties? Department and Embassy officials meet reg- (4) Has the Iraqi government been respon- ularly with representatives of Iraq’s ethnic TRIBUTE TO REVEREND DR. sive to requests for such protection? and minority groups and raise their concerns WALLACE S. HARTSFIELD, SR. (5) Do you have reason to believe that any with the appropriate Iraqi Government offi- Iraqi security forces or other government cials at all levels. The PRTs located in ∑ Mr. BOND. Mr. President, today I forces or personnel are involved in violence Ninewa province and the Kurdish region— wish to recognize a devoted pastor, against such vulnerable populations? areas with large Christian and other non- community leader, father and friend: (6) What mechanisms are in place to ensure Muslim communities—also meet regularly Reverend Dr. Wallace S. Hartsfield, Sr. that U.S.-trained and equipped Iraqi Secu- with representatives from these commu- On January 1 of this year, Reverend rity Forces do not use U.S.-provided assist- nities and work to ensure that their con- Hartsfield retired as senior pastor of ance for sectarian purposes? cerns are heard at the provincial government the Metropolitan Missionary Baptist (7) What plans have the Agency for Inter- level. national Development and State Department The status of religious minorities in Iraq Church in Kansas City, MO. He served developed to increase humanitarian assist- will become more secure as groups rep- as the congregation’s pastor for more ance to Iraq’s internally displaced? resenting them develop the capability to ad- than 40 years and as a dedicated mem- I thank you in advance for the consider- vocate on their own behalf and participate ber of the clergy for more than 55 ation of these questions, and I look forward actively in the political system. To that end, years. to your prompt reply. U.S. Government-sponsored programs offer Dr. Hartsfield has worked as a key Sincerely, assistance to such groups upon request in leader and mentor in social, political, BARACK OBAMA, areas such as conflict resolution, political United States Senator. party development, and human rights. In and religious circles in Kansas City and conjunction with these efforts, the U.S. throughout the country. He has served U.S. DEPARTMENT OF STATE, Agency for International Development at every level of the National Baptist Washington, DC., January 11, 2008. (USAID) and the Department of State’s Bu- Convention of America and as the Hon. BARACK OBAMA, reau of Population, Refugees, and Migration president of the General Baptist Con- U.S. Senate, (PRM) are supporting capacity-building pro- vention of Missouri, Kansas, and Ne- DEAR SENATOR OBAMA: Thank you for your grams for the Government of Iraq’s Ministry braska. letter regarding the status of Iraq’s religious of Displacement and Migration at both the My friend, Congressman EMANUEL minorities. We regret the delay in sending local and national levels. While PRM focuses CLEAVER, has dubbed this remarkable you this response, but we wanted to provide primarily on assisting refugees and facili- you with a reply that was both comprehen- tating entry into the U.S. Refugee Admis- leader the ‘‘Godfather of Preachers’’ sive and accurate. sions Program for the most vulnerable Iraqi for his ministerial knowledge and supe- We share the concerns you express in your refugees, it coordinates its programs with rior oratorical skills. letter and assure you the Department of those of USAIP to ensure that as many vul- Countless Kansas Citians—and Amer- State takes matters relating to the safety of nerable Iraqis as possible receive essential icans—have been touched by this man Iraq’s ethnic and religious minorities very services as quickly as possible. and his messages. Always positive, Dr. seriously. USAID’s Office of Foreign Disaster Assist- Hartsfield speaks out for peace, social Iraqis from all ethnic and religious com- ance (OFDA) has five implementing partner munities suffer from the sectarian and gen- organizations presently working with inter- and racial justice, AIDS intervention, eral violence in Iraq. While it is true that in nally displaced persons (IDPs) in all 18 of faith, and hard work. And like a true some cases religious minorities, such as Iraq’s provinces. For 2007, assistance has pastor, he cares deeply for his con- Christians, are targeted due to their religion, been targeted to reach approximately 550,000 gregation and the surrounding commu- the threat to Iraq’s religious minorities is of the most vulnerable IDP beneficiaries. nity. My guess is he will not slow down not unique to them; Shi’a in Sunni majority OFDA plans to obligate an additional $26 much even in retirement. areas face much the same situation, and vice million by December 31, 2007, and has re- As a measure of our appreciation for versa. In fact, Muslim citizens generally who quested an additional $80 million for Iraqi Pastor Hartsfield’s long service to the do not support the actions of militants with- IDP in FY 2008. USAID is also funding hu- community, Congressman CLEAVER, in their region are subject to similar threats. manitarian organizations to collect data on The assassination in Anbar of Sunni Sheikh IDP movements and needs to prioritize hu- Senator MCCASKILL, and I worked to Abdul Sattar Bezia al-Rishawi, who rejected manitarian assistance. enact legislation designating the U.S. extremist ideologies and sectarianism, and USAID’s understanding of the current Postal Service facility at 4320 Blue the murders of associates of the Shi’a Grand breakdown in IDP accommodation is that 56 Parkway in Kansas City the ‘‘Wallace Ayatollah Ali al-Sistani are recent examples percent are renting accommodations, 19 per- S. Hartsfield Post Office Building.’’ of how violence impacts all of Iraq’s commu- cent are living with host families, 25 percent This designation is but small recogni- nities, not just Christians or other non-Mus- are living in abandoned buildings such as tion of Dr. Hartsfield’s many accom- lims. former military sites (barracks, etc.), and Unfortunately, given the difficulty of com- less than one percent are living in tented plishments as a minister, dedicated piling accurate data in Iraq, it is not possible camps. This indicates that coping mechanis community activist, civil servant, and to determine through statistical analysis remain for the majority of IDPs, although compassionate role model. I am proud whether violence against specific groups is threats and vulnerabilities still exist, includ- to call him a friend.

VerDate Mar 15 2010 22:12 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00075 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JA8.REC S22JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S88 CONGRESSIONAL RECORD — SENATE January 22, 2008 Future generations will look to his lifetime of achievement will be long re- generations having the opportunity to leadership and example to find hope membered.∑ study and enjoy this unique piece of and inspiration. Dr. Hartsfield has f our State and national history for an- truly made the world a better place.∑ other 100 years.∑ 100TH ANNIVERSARY OF MUIR f WOODS NATIONAL MONUMENT f HONORING MAXINE FROST ∑ Mrs. BOXER. Mr. President, I take ∑ Mrs. BOXER. Mr. President, I ask my this opportunity to observe the 100th 100TH ANNIVERSARY OF colleagues to join me in recognizing anniversary of Muir Woods National PINNACLES NATIONAL MONUMENT the accomplishments of Maxine Pierce Monument, located in Marin County, Frost, a longtime community leader in CA. ∑ Mrs. BOXER. Mr. President, I take Riverside, CA, and nationally renown It was U.S. Representative William this opportunity to recognize the 100th leader in education. In November 2007 Kent whose visionary actions would anniversary of Pinnacles National Maxine Frost announced her retire- lead to the creation of Muir Woods Na- Monument, located in San Benito ment from the Riverside Unified tional Monument. During the mid- County, CA. School District after 40 years of dedi- nineteenth century, the Gold Rush On January 16, 1908, President Theo- cated service. Due to failing health, she brought treasure seekers to northern dore Roosevelt proclaimed 2,080 acres died shortly thereafter. California in large numbers. To accom- of the Pinnacles National Forest Re- Since 1967, Maxine Frost has provided modate this rapid population growth in serve as Pinnacles National Monument. leadership to her community, the State San Francisco and other coastal cities, This year, we celebrate its centennial of California, and our Nation. As a timber, meat, and crops were needed in anniversary. Part of an extinct vol- board member of the Riverside Unified much larger quantities. As a result, cano, the spectacular geology of Pin- School District, Frost has seen great much of the easily accessible timber in nacles National Monument has fas- change in education policy throughout Marin County was logged between 1840 cinated visitors for decades. A variety her tenure. Being a member of the first and 1870. of flora and fauna flourishes in this un- large school district in the Nation to Representative Kent witnessed this usual landscape, including an exquisite voluntarily desegregate, she has helped massive resource depletion and decided chaparral ecosystem and nearly 400 pave the way for similar changes to take action to preserve coastal red- species of bees, the highest known bee- across America. wood forest areas. In 1905, he purchased diversity of any place on Earth. Throughout periods of intense 612 acres of the Redwood Canyon from Situated near the San Andreas Rift growth in the State and the region, the Tamalpais Land & Water Co. On Zone with the Central Coast to the Maxine Frost has worked diligently to December 26, 1907, in order to best pro- west and Gabilan Mountain Range to ensure that students and educators are tect the land, Representative Kent and the east, Pinnacles National Monu- provided with adequate resources. The his wife, Elizabeth Thatcher Kent, do- ment now occupies over 26,000 acres Riverside Unified School District has nated 298 acres of Redwood Canyon to 14,000 acres of which are congression- grown from roughly 23,000 students to the Federal Government. On January 9, ally designated wilderness. With sur- 43,000 students during Frost’s tenure. 1908, President Theodore Roosevelt de- rounding lands tended by farmers Throughout this period of intense clared Muir Woods a National Monu- whose ancestors homesteaded the re- growth, she has maintained her resolve ment. This year, we celebrate its cen- gion and cowboys who watch over the that every student have the resources tennial anniversary. cattle that graze on the expansive they need to succeed. Coast redwoods, Sequoia semper- plains, Pinnacles National Monument Numerous academic committees virens, are the dominant feature of offers a sublime glimpse into Califor- across the State of California and our Muir Woods’ forest. These ancient won- nia’s past. Nation have benefitted from the lead- ders are also the world’s tallest living Pinnacles is home to 20 endemic spe- ership and experience of Maxine Frost. tree species and the official tree of the cies holding special Federal or state She has held a number of leadership State of California. This species of red- status and is also the ancestral home posts: president of the Pacific Region wood is believed to have existed when range of the California condor. Pin- of National School Boards Association, the dinosaurs roamed the Earth. Visi- nacles is the only National Park site the California School Boards Associa- tors to Muir Woods are left fascinated that releases and maintains this ex- tion Legislative Network, the Cali- as they get to experience living history tremely endangered bird species, and is fornia Association of Suburban School by exploring the Bohemian and Cathe- critical to the overall condor recovery Districts, the Schools Accrediting dral groves of Muir Woods, where many effort. Pinnacles is also located within Commissions, the Council for Basic trees are more than 1,200 years old. the Pacific Flyway migratory route Education, and the California Associa- Muir Woods is also home to douglas fir, and contains the highest concentration tion of Student Council’s Board of Di- tanbark oak, bigleaf maple, and bay of nesting prairie falcons of any na- rectors. In 1981, after serving as presi- laurel trees, leading conservationist tional park in the country. dent of the California School Boards and namesake John Muir to remark Only 100 miles from the urban cen- Association, California Governor that Muir Woods ‘‘is the best tree- ters of San Francisco and San Jose, George Deukmejian appointed her to lovers’ monument that could possibly Pinnacles National Monument remains the Education Commission of the be found in all the forests of the a haven of solitude for nature enthu- States, in which she served alongside world.’’ siasts and offers a stunning reflection future President William Jefferson Only 15 miles north of San Francisco, of California’s rural history and herit- Clinton, who chaired the commission Muir Woods National Monument offers age. For 100 years, Pinnacles National at that time. a stunning glimpse of the redwood for- Monument has served as a recreational On October 16, 2006, the Riverside ests that once covered northern Cali- escape for hikers, outdoor enthusiasts, Unified School District adopted a reso- fornia’s coastal valleys. For 100 years, and those seeking a glimpse of Califor- lution to designate one of its elemen- Muir Woods National Monument has nia’s rich history. It is a powerful re- tary schools as Maxine Frost Elemen- served as a recreational escape for na- minder of the beauty of nature and the tary School, in honor of her longtime ture enthusiasts, hikers, and those importance of conservation efforts. service and dedication to the commu- seeking a glimpse of northern Califor- I commend the National Park Serv- nity. nia’s rich history. It is a powerful re- ice staff and volunteers for maintain- On her retirement from four decades minder of the beauty of nature and the ing the natural beauty and historical of service and dedication to the stu- importance of conservation efforts. significance of Pinnacles National dents, families, and educators of Cali- I commend the National Park Serv- Monument. I look forward to future fornia and our Nation, I am pleased to ice staff and volunteers for maintain- generations having the opportunity to ask my colleagues to join me in post- ing the natural beauty and historical study and enjoy this unique piece of humously thanking her for her fine significance of Muir Woods National our State and national history for an- work. Her tremendous leadership and Monument. I look forward to future other 100 years.∑

VerDate Mar 15 2010 22:12 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00076 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JA8.REC S22JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 22, 2008 CONGRESSIONAL RECORD — SENATE S89 RIALTO AIDS WALK ALPHA KAPPA ALPHA SORORITY years of service to the vaccine industry ∑ Mrs. BOXER. Mr. President, I wish to ∑ Mrs. CLINTON. Mr. President, I am and Pennsylvania. recognize an important event that has pleased to commemorate the centen- Mr. Williams was born in Scranton, occurred in my State of California. To nial anniversary of the Alpha Kappa PA, and received his accounting degree honor World AIDS Day, the city of Ri- Alpha Sorority, Incorporated, Amer- from the University of Scranton in alto partnered with Brothers and Sis- ica’s first Greek-letter organization es- 1973. He then joined Connaught Labora- ters in Action, BASIA, and First tablished by Black college women. It is tories in 1978 as the manager of finan- Chance/Youth-Community Health Out- with great pride that I join my friends cial services. Mr. Williams was a mem- reach Workers to host the inaugural Congresswoman SHEILA JACKSON-LEE, ber of the executive team and was AIDS Walk Rialto on December 8, 2007. Congresswomen DIANE WATSON, and I am pleased to say that it was a suc- Congresswoman EDDIE BERNICE JOHN- named chief operating officer of cess. SON in extending our congratulations Connaught Laboratories in 1989. Since reported in 1981, HIV/AIDS has to all of its members on this tremen- Mr. Williams steered the company become the most significant commu- dous occasion. through several mergers and acquisi- nicable disease in San Bernardino On January 15, 1908, Alpha Kappa tions, growing the organization from County for African Americans. The Alpha Sorority was founded at Howard 100 employees and sales of just over $5 University in Washington, DC, by rate of HIV among this group has in- million in 1978, to the creation of to- creased dramatically since the first Ethel Hedgeman Lyle, who envisioned day’s Sanofi Pasteur, the world’s larg- cases were reported. In 2005, 18 percent AKA as a source of social and intellec- est vaccine manufacturer with 11,000 of the new HIV cases in San Bernardino tual enrichment for its members. Over County were in African Americans, yet the past century, AKA has evolved into employees and more than $4 billion in African Americans represent only 8.5 a nationwide organization of college- sales in 2007. Under Mr. Williams’ guid- percent of the population of the coun- trained women working to improve the ance, more than a billion doses of ty. AIDS Walk Rialto aimed to broaden socioeconomic conditions in their cit- Sanofi Pasteur’s lifesaving vaccines awareness of this disparity. ies, States, and countries throughout are administered to more than 500 mil- I commend the city of Rialto and the the world. Today, the sorority serves lion people around the world each year, organizers of this event for the work through a membership of more than representing more than 25 percent of that they are doing to turn the tide of 200,000 women in 975 chapters in the the global vaccine market. United States and several other coun- HIV/AIDS infections on the local level. Mr. Williams recognized his com- Better education and awareness pro- tries. pany’s ability to address current and grams can make a tremendous dif- In September 2005, along with my future public health needs by investing ference in stopping the spread of this colleagues in the House, I had the disease, and I encourage an even larger pleasure of cohosting a reception on in a research and development program parade next year.∑ Capitol Hill for the House AKA leader- and a production plan for pandemic preparedness in the event that a public f ship and nearly 100 members. I was re- minded yet again of the remarkable health emergency strikes the United HONORING THE LIFE OF VU strength and unwavering dedication of States. Mr. Williams and Sanofi Pas- NGUYEN AKA to improve the lives of others. teur have helped to build the domestic ∑ Mrs. BOXER. Mr. President, I ask my AKA’s significant contributions to infrastructure necessary to protect colleagues to join me as I honor the life the Black community and to American millions of Americans from deadly dis- of Sacramento sheriff’s deputy Vu Dinh society over the past century are wide- eases, while addressing public health Nguyen, who was tragically killed in spread. From election reform and safe- around the world. the line of duty on December 19, 2007. ty to and health care and education Deputy Nguyen dedicated his career initiatives, AKA has raised money for Mr. Williams has served as an advo- to law enforcement and public safety. and spread awareness about issues that cate for the survival of the vaccine in- He was a member of the Sacramento directly impact countless lives across dustry. I am told that in 1986, when the Sheriff’s Department for 7 years, serv- the country. In addition to advancing industry was being diminished by law- ing as a member of the gang unit for 3 these services, AKA maintains a focus suits, he served as the industry point years. Prior to his career with the on strengthening the quality of life for person for negotiation of The National Sheriff’s Department, he was a proba- its members. AKA cultivates and en- Childhood Vaccine Injury Compensa- tion officer for Sacramento County. courages high scholastic and ethical tion Act, which established the Vac- Vu Nguyen was born in Vietnam in standards, promotes unity and friend- cine Injury Compensation Fund. In his 1970 and immigrated to the United ship among college women, alleviates dedication to the larger immunization States in 1975. His family settled in problems facing girls and women, community, he created the Vaccine Modesto, CA, where he attended Bur- maintains a progressive interest in col- Policy Committee of the Pharma- bank Elementary School, Mark Twain lege life and continues to demonstrate ceutical Research and Manufacturers Junior High School, and Modesto High the power of Ethel Hedgeman Lyle’s vi- of America and is a founding member School. While attending Modesto High sion a century later. School he participated in several ac- Today marks not only a moment for of the Partnership for Prevention tivities including football, yearbook, celebration but also a time to give which includes public and private sec- and student government. thanks to all members for the signifi- tor representatives who focus on pre- Vu continued his education at Cali- cant contributions AKA have made to ventative health care policies. fornia State University, Sacramento, our communities and America over the Mr. Williams served as the first liai- where he graduated cum laude with a past century. son member of the Advisory Com- degree in criminal justice. He contin- AKA’s members have built an endur- mittee on Immunization Practices to ued to excel at the Sheriff’s Academy ing legacy of leadership and service the U.S. Centers for Disease Control where he graduated with high honors. that has made a profound contribution and Prevention, which sets immuniza- Deputy Nguyen was married in April to our history and to our future. As the tion policy in the United States. He and is survived by his wife Phanh, par- women of AKA celebrate this signifi- has also served on the board of direc- ents, five sisters, and two brothers. His cant milestone, I add to the chorus of tors of the Biotechnology Industry Or- family, friends, and colleagues remem- thanks and praise for your 100 years of ganization, Blue Cross of Northeastern ber him as a humble man, a respected groundbreaking achievement and the officer, and an ambassador for the many accomplishments yet to come.∑ Pennsylvania, the Hospital Service As- sociation of Northeastern Pennsyl- Sheriff’s Department in the Asian- f American community where he often vania, and the Board of Regents of the reached out to troubled youth. RETIREMENT OF MR. DAVID J. University of Scranton. He is one of Deputy Vu Nguyen’s brave service WILLIAMS the founding board members of the and commitment to public safety will ∑ Mr. SPECTER. Mr. President, I con- Medical Education Development Con- not be forgotten.∑ gratulate David J. Williams for his 30 sortium.

VerDate Mar 15 2010 22:12 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00077 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JA8.REC S22JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S90 CONGRESSIONAL RECORD — SENATE January 22, 2008 I am advised that Mr. Williams has text of the proposed Agreement for Co- session provided for in section 123 d. cultivated a culture of community in- operation between the United States of shall commence. volvement at Sanofi Pasteur and dem- America and the Republic of Turkey GEORGE W. BUSH. onstrated a commitment to philan- Concerning Peaceful Uses of Nuclear THE WHITE HOUSE, January 22, 2008. thropy through the company’s con- Energy (the ‘‘Agreement’’) together f tributions to United Way and dona- with a copy of the unclassified Nuclear MEASURES REFERRED tions of vaccines through UNICEF, the Proliferation Assessment Statement Global Alliance for Vaccines Immuni- (NPAS) and of my approval of the pro- The following bills were read the first zation, GAVI, the World Health Organi- posed Agreement and determination and the second times by unanimous zation’s Global Polio Eradication Ini- that the proposed Agreement will pro- consent, and referred as indicated: tiative and various humanitarian relief mote, and will not constitute an unrea- H.R. 1216. An act to direct the Secretary of efforts. sonable risk to, the common defense Transportation to issue regulations to re- Mr. Williams has also been com- and security. The Secretary of State duce the incidence of child injury and death mitted to the economic growth and de- will submit the classified NPAS and ac- occurring inside or outside of light motor ve- hicles, and for other purposes; to the Com- velopment of the Commonwealth of companying annexes separately in ap- mittee on Commerce, Science, and Transpor- Pennsylvania. This includes expanding propriate secure channels. tation. the impressive campus in Swiftwater The Agreement was signed on July H.R. 1374. An act to amend the Florida Na- to maintain a domestic manufacturing 26, 2000, and President Clinton ap- tional Forest Land Management Act of 2003 base for many vaccines, including in- proved and authorized execution and to authorize the conveyance of an additional fluenza. Under his guidance, Sanofi made the determinations required by tract of National Forest System land under Pasteur has grown to be the largest section 123 b. of the Act (Presidential that Act, and for other purposes; to the Com- private employer in Monroe County mittee on Energy and Natural Resources. Determination 2000–26, 65 FR 44403 H.R. 2517. An act to amend the Missing and a purchaser of over $145 million in (July 18, 2000)). However, immediately Children’s Assistance Act to authorize ap- goods and services from Pennsylvania- after signature, U.S. agencies received propriations, and for other purposes; to the based vendors. I have been pleased to information that called into question Committee on the Judiciary. assist in this important expansion the conclusions that had been drawn in H.R. 2768. An act to establish improved through appropriation of Federal fund- the required NPAS and the original mandatory standards to protect miners dur- ing which not only benefits the county classified annex, specifically, informa- ing emergencies, and for other purposes; to but the entire Commonwealth and Na- tion implicating Turkish private enti- the Committee on Health, Education, Labor, tion. and Pensions. ties in certain activities directly relat- H.R. 3179. An act to amend title 40, United On January 16, 2008, after 30 years of ing to nuclear proliferation. Con- States Code, to authorize the use of Federal service, David J. Williams will retire as sequently, the Agreement was not sub- supply schedules for the acquisition of law the chairman, president, and chief ex- mitted to the Congress and the execu- enforcement, security, and certain other re- ecutive officer of Sanofi Pasteur. I tive branch undertook a review of the lated items by State and local governments; commend Dr. Williams for his distin- NPAS evaluation. to the Committee on Homeland Security and Governmental Affairs. guished career and leadership in the My Administration has completed advancement of immunizations and the H.R. 3524. An act to reauthorize the HOPE the NPAS review as well as an evalua- VI program for revitalization of severely dis- eradication of vaccine-preventable dis- tion of actions taken by the Turkish ∑ tressed public housing, and for other pur- eases. government to address the prolifera- poses; to the Committee on Banking, Hous- f tion activities of certain Turkish enti- ing, and Urban Affairs. H.R. 3866. An act to reauthorize certain MESSAGES FROM THE PRESIDENT ties (once officials of the U.S. Govern- ment brought them to the Turkish gov- programs under the Small Business Act for Messages from the President of the ernment’s attention). The Secretary of each of fiscal years 2008 and 2009; to the Com- United States were communicated to mittee on Small Business and Entrepreneur- State, the Secretary of Energy, and the ship. the Senate by Mrs. Neiman, one of his members of the Nuclear Regulatory secretaries. H.R. 3911. An act to designate the facility Commission are confident that the per- of the United States Postal Service located f tinent issues have been sufficiently re- at 95 Church Street in Jessup, Pennsylvania, as the ‘‘Lance Corporal Dennis James Veater EXECUTIVE MESSAGES REFERRED solved and that there is a sufficient basis (as set forth in the classified an- Post Office’’; to the Committee on Homeland As in executive session the Presiding nexes, which will be transmitted sepa- Security and Governmental Affairs. Officer laid before the Senate messages rately by the Secretary of State) to H.R. 4210. An act to designate the facility of the United States Postal Service located from the President of the United proceed with congressional review of States submitting sundry nominations at 401 Washington Avenue in Weldon, North the Agreement and, if legislation is not Carolina’’, as the ‘‘Dock M. Brown Post Of- and treaties which were referred to the enacted to disapprove it, to bring the fice Building’’; to the Committee on Home- appropriate committees. Agreement into force. land Security and Governmental Affairs. (The nominations received today are In my judgment, entry into force of H.R. 4220. An act to encourage the dona- printed at the end of the Senate pro- the Agreement will serve as a strong tion of excess food to nonprofit organizations ceedings.) incentive for Turkey to continue its that provide assistance to food-insecure peo- ple in the United States in contracts entered f support for nonproliferation objectives into by executive agencies for the provision, REPORT ON THE PROPOSED and enact future sound nonprolifera- service, or sale of food; to the Committee on AGREEMENT FOR COOPERATION tion policies and practices. It will also Homeland Security and Governmental Af- BETWEEN THE UNITED STATES promote closer political and economic fairs. AND THE REPUBLIC OF TURKEY ties with a NATO ally, and provide the H.R. 4286. An act to award a congressional necessary legal framework for U.S. in- gold medal to Daw Aung San Suu Kyi in rec- RELATIVE TO PEACEFUL USES ognition of her courageous and unwavering OF NUCLEAR ENERGY—PM 34 dustry to make nuclear exports to Tur- key’s planned civil nuclear sector. commitment to peace, nonviolence, human The PRESIDING OFFICER laid be- rights, and democracy in Burma; to the Com- This transmittal shall constitute a mittee on Banking, Housing, and Urban Af- fore the Senate the following message submittal for purposes of both section from the President of the United fairs. 123 b. and 123 d. of the Act. My Admin- H.R. 4341. An act to extend the trade ad- States, together with an accompanying istration is prepared to begin imme- justment assistance program under the report; which was referred to the Com- diate consultations with the Senate Trade Act of 1974 for 3 months; to the Com- mittee on Foreign Relations: Foreign Relations Committee and the mittee on Finance. To the Congress of the United States: House Foreign Affairs Committee as H.R. 4342. An act to designate the facility of the United States Postal Service located I transmit to the Congress, pursuant provided in section 123 b. Upon comple- at 824 Manatee Avenue West in Bradenton, to sections 123 b. and 123 d. of the tion of the period of 30 days of contin- Florida, as the ‘‘Dan Miller Post Office Atomic Energy Act of 1954, as amended uous session provided for in section 123 Building’’; to the Committee on Homeland (42 U.S.C. 2153(b), (d)) (the ‘‘Act’’), the b., the period of 60 days of continuous Security and Governmental Affairs.

VerDate Mar 15 2010 22:12 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00078 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JA8.REC S22JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 22, 2008 CONGRESSIONAL RECORD — SENATE S91 H.R. 4351. An act to amend the Internal of Agriculture, transmitting, pursuant to EC–4548. A communication from the Sec- Revenue Code of 1986 to provide individuals law, the report of a rule entitled ‘‘Veterinary retary, Securities and Exchange Commis- temporary relief from the alternative min- Diagnostic Services User Fees’’ (Docket No. sion, transmitting, pursuant to law, the re- imum tax, and for other purposes; to the APHIS-2006-0161) received on January 2, 2008; port of a rule entitled ‘‘Smaller Reporting Committee on Finance. to the Committee on Agriculture, Nutrition, Company Regulatory Relief and Simplifica- The following concurrent resolution and Forestry. tion’’ (RIN3235-AJ86) received on December was read, and referred as indicated: EC–4538. A communication from the Sec- 19, 2007; to the Committee on Banking, Hous- H. Con. Res. 246. Concurrent resolution retary of Health and Human Services, trans- ing, and Urban Affairs. honoring the United States Marine Corps for mitting, pursuant to law, a report relative to EC–4549. A communication from the Regu- serving and defending the United States on violations of the Antideficiency Act in the latory Specialist, Legislative and Regu- the anniversary of its founding on November Health and Resource Services Administra- latory Activities Division, Department of tion’s National Health Service Corps Schol- 10, 1775; to the Committee on Armed Serv- the Treasury, transmitting, pursuant to law, arship and Loan Repayment Programs; to ices. the report of a rule entitled ‘‘Community Re- the Committee on Appropriations. investment Act Regulations’’ (RIN1557-AD05) f EC–4539. A communication from the Assist- received on January 3, 2008; to the Com- MEASURES PLACED ON THE ant Secretary of the Navy (Installations and mittee on Banking, Housing, and Urban Af- Environment), transmitting, pursuant to CALENDAR fairs. law, a report relative to the Department’s EC–4550. A communication from the Coun- The following bill was read the first decision to cancel a public-private competi- sel for Legislation and Regulations, Office of and second times by unanimous con- tion for the Naval Supply Systems Com- Community Planning and Development, De- sent, and placed on the calendar: mand’s ocean terminal operations and main- partment of Housing and Urban Develop- tenance services; to the Committee on H.R. 783. An act to modify the boundary of ment, transmitting, pursuant to law, the re- Armed Services. port of a rule entitled ‘‘Empowerment Zones: Mesa Verde National Park, and for other EC–4540. A communication from the Prin- purposes. Performance Standards for Utilization of cipal Deputy, Office of the Under Secretary Grant Funds’’ (RIN2506-AC16) received on f of Defense (Personnel and Readiness), trans- January 3, 2008; to the Committee on Bank- mitting, the report of (23) officers authorized ing, Housing, and Urban Affairs. EXECUTIVE AND OTHER to wear the insignia of the grade of brigadier COMMUNICATIONS EC–4551. A communication from the Chief general in accordance with title 10, United Financial Officer, Department of Housing The following communications were States Code, section 777; to the Committee and Urban Development, transmitting, pur- laid before the Senate, together with on Armed Services. suant to law, a report relative to the Depart- EC–4541. A communication from the Direc- ment’s competitive sourcing efforts during accompanying papers, reports, and doc- tor, Defense Procurement and Acquisition fiscal year 2007; to the Committee on Bank- uments, and were referred as indicated: Policy, Department of Defense, transmit- ing, Housing, and Urban Affairs. EC–4532. A communication from the Ad- ting, pursuant to law, the report of a rule en- EC–4552. A communication from the Chair- ministrator, Agricultural Marketing Serv- titled ‘‘Lead System Integrators’’ (DFARS man, Federal Housing Finance Board, trans- ice, Department of Agriculture, transmit- Case 2006-D051) received on January 3, 2008; mitting, pursuant to law, the Board’s Annual ting, pursuant to law, the report of a rule en- to the Committee on Armed Services. Performance Budget for fiscal year 2008; to titled ‘‘Oranges, Grapefruit, Tangerines, EC–4542. A communication from the Prin- the Committee on Banking, Housing, and Tangelos Grown in Florida; Decreased As- cipal Deputy Under Secretary of Defense, transmitting, pursuant to law, the Depart- Urban Affairs. sessment Rate’’ (Docket No. AMS-FV-07- EC–4553. A communication from the Fed- 0088) received on January 2, 2008; to the Com- ment’s annual report relative to the Re- gional Defense Combating Terrorism Fellow- eral Register Certifying Officer, Financial mittee on Agriculture, Nutrition, and For- Management Service, Department of the estry. ship Program for fiscal year 2007; to the Committee on Armed Services. Treasury, transmitting, pursuant to law, the EC–4533. A communication from the Ad- report of a rule entitled ‘‘Federal Govern- ministrator, Agricultural Marketing Serv- EC–4543. A communication from the Sec- retary of the Federal Trade Commission, ment Participation in the Automated Clear- ice, Department of Agriculture, transmit- ing House’’ (RIN1510-AB00) received on Janu- ting, pursuant to law, the report of a rule en- transmitting, pursuant to law, the report of a rule entitled ‘‘Annual Adjustment of Ceil- ary 3, 2008; to the Committee on Banking, titled ‘‘National Organic Program—Amend- Housing, and Urban Affairs. ments to the National List of Allowed and ing on Allowable Charge for Certain Disclo- sures Under the Fair Credit Reporting Act EC–4554. A communication from the Assist- Prohibited Substances (Crops and Live- ant to the Board of Governors of the Federal stock)’’ (RIN0581-AC61) received on January Section 612(f)’’ (FR Doc. E7–24672) received on January 3, 2008; to the Committee on Reserve System, transmitting, pursuant to 2, 2008; to the Committee on Agriculture, Nu- law, the report of a rule entitled ‘‘Commu- trition, and Forestry. Banking, Housing, and Urban Affairs. EC–4544. A communication from the Sec- nity Reinvestment Act’’ (Docket No. R-1302) EC–4534. A communication from the Ad- retary of the Securities and Exchange Com- received on December 21, 2007; to the Com- ministrator, Agricultural Marketing Serv- mission, transmitting, pursuant to law, the mittee on Banking, Housing, and Urban Af- ice, Department of Agriculture, transmit- report of a rule entitled ‘‘Acceptance from fairs. ting, pursuant to law, the report of a rule en- Foreign Private Issuers of Financial State- EC–4555. A communication from the Assist- titled ‘‘Pistachios Grown in California; ments Prepared in Accordance with Inter- ant to the Board of Governors of the Federal Changes in Handling Requirements’’ (Docket national Financial Reporting Standards Reserve System, transmitting, pursuant to No. AMS-FV-07-0082) received on January 2, without Reconciliation to U.S. GAAP’’ law, the report of a rule entitled ‘‘Home 2008; to the Committee on Agriculture, Nu- (RIN3235-AJ90) received on January 2, 2008; Mortgage Disclosure Act’’ (Docket No. R- trition, and Forestry. to the Committee on Banking, Housing, and 1303) received on December 21, 2007; to the EC–4535. A communication from the Ad- Urban Affairs. Committee on Banking, Housing, and Urban ministrator, Agricultural Marketing Serv- EC–4545. A communication from the Chair- Affairs. ice, Department of Agriculture, transmit- man and President, Export-Import Bank of EC–4556. A communication from the Chair- ting, pursuant to law, the report of a rule en- the United States, transmitting, pursuant to man, Securities and Exchange Commission, titled ‘‘National Organic Program—Amend- law, a report relative to a transaction in- transmitting, pursuant to law, a report rel- ments to the National List of Allowed and volving the export of railway equipment to ative to competitions initiated or completed Prohibited Substances (Livestock)’’ China; to the Committee on Banking, Hous- by the Commission during fiscal year 2007; to (RIN0581-AC62) received on January 2, 2008; ing, and Urban Affairs. the Committee on Commerce, Science, and to the Committee on Agriculture, Nutrition, EC–4546. A communication from the Chair- Transportation. and Forestry. man and President, Export-Import Bank of EC–4557. A communication from the Dep- EC–4536. A communication from the Ad- the United States, transmitting, pursuant to uty Assistant Administrator for Regulatory ministrator, Agricultural Marketing Serv- law, a report relative to a transaction in- Programs, National Marine Fisheries Serv- ice, Department of Agriculture, transmit- volving the export of materials needed to ice, Department of Commerce, transmitting, ting, pursuant to law, the report of a rule en- construct a natural gas plant in Peru; to the pursuant to law, the report of a rule entitled titled ‘‘Marketing Order Regulating the Han- Committee on Banking, Housing, and Urban ‘‘Fisheries of the Northeastern United dling of Spearmint Oil Produced in the Far Affairs. States; Regulatory Amendment to Modify West; Revision of the Salable Quantity and EC–4547. A communication from the Sec- Recordkeeping and Reporting and Observer Allotment Percentage for Class 3 Spearmint retary, Securities and Exchange Commis- Requirements; Emergency Secretarial Ac- Oil for the 2007-2008 Marketing Year’’ (Dock- sion, transmitting, pursuant to law, the re- tion; Correction’’ (RIN0648-AW20) received on et No. AMS-FV-07-0134) received on January port of a rule entitled ‘‘Revisions to the Eli- December 21, 2007; to the Committee on Com- 2, 2008; to the Committee on Agriculture, Nu- gibility Requirements for Primary Securi- merce, Science, and Transportation. trition, and Forestry. ties Offerings on Forms S-3 and F-3’’ EC–4558. A communication from the Dep- EC–4537. A communication from the Con- (RIN3235-AJ89) received on December 19, 2007; uty Assistant Administrator for Regulatory gressional Review Coordinator, Animal and to the Committee on Banking, Housing, and Programs, National Marine Fisheries Serv- Plant Health Inspection Service, Department Urban Affairs. ice, Department of Commerce, transmitting,

VerDate Mar 15 2010 22:12 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00079 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JA8.REC S22JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S92 CONGRESSIONAL RECORD — SENATE January 22, 2008 pursuant to law, the report of a rule entitled Worker Identification Credential Implemen- EC–4577. A communication from the Attor- ‘‘Correcting Amendment to 50 CFR 300 Pa- tation in the Maritime Sector; Hazardous ney, Office of Assistant General Counsel for cific Halibut Fisheries’’ (RIN0648-AW14) re- Materials Endorsement for a Commercial Legislation and Regulatory Law, Depart- ceived on December 21, 2007; to the Com- Driver’s License’’ ((RIN1652–AA41)(USCG– ment of Energy, transmitting, pursuant to mittee on Commerce, Science, and Transpor- 2006–24196)) received on January 3, 2008; to law, the report of a rule entitled ‘‘Energy tation. the Committee on Commerce, Science, and Conservation Standards for New Federal EC–4559. A communication from the Attor- Transportation. Commercial and Multi-Family High-Rise ney, U.S. Coast Guard, Department of Home- EC–4568. A communication from the Chief Residential Buildings and New Federal Low- land Security, transmitting, pursuant to of Regulations and Administrative Law, U.S. Rise Residential Buildings’’ (RIN1904–AB13) law, the report of a rule entitled ‘‘Vessel Coast Guard, Department of Homeland Secu- received on January 3, 2008; to the Com- Documentation; Recording of Instruments’’ rity, transmitting, pursuant to law, the re- mittee on Energy and Natural Resources. ((RIN1625-AB18)(Docket No. USCG-2007- port of a rule entitled ‘‘Anchorage Regula- EC–4578. A communication from the Assist- 28098)) received on January 3, 2008; to the tions: Edgecomb, Maine, Sheepscot River’’ ant Secretary of the Army (Civil Works), Committee on Commerce, Science, and ((RIN1625–AA01)(CGD01–07–011)) received on transmitting, pursuant to law, a report rel- Transportation. January 3, 2008; to the Committee on Com- ative to the progress of the Louisiana Coast- EC–4560. A communication from the Attor- merce, Science, and Transportation. al Protection and Restoration study; to the ney Advisor, U.S. Coast Guard, Department EC–4569. A communication from the Chief Committee on Environment and Public of Homeland Security, transmitting, pursu- of Regulations and Administrative Law, U.S. Works. ant to law, the report of a rule entitled Coast Guard, Department of Homeland Secu- EC–4579. A communication from the Assist- ‘‘Rates for Pilotage on the Great Lakes’’ rity, transmitting, pursuant to law, the re- ant Secretary of the Army (Civil Works), ((RIN1625-AB05)(USCG 2006-24414)) received port of a rule entitled ‘‘Security Zone: transmitting, pursuant to law, a report rel- on January 3, 2008; to the Committee on Kahului Harbor, Maui, HI’’ ((RIN1625– ative to the progress of the Comprehensive Commerce, Science, and Transportation. AA87)(USCG–2007–0093)) received on January Plan report on the Mississippi Coastal Im- EC–4561. A communication from the Chief 3, 2008; to the Committee on Commerce, provements Program; to the Committee on of Regulations and Administrative Law, U.S. Science, and Transportation. Environment and Public Works. Coast Guard, Department of Homeland Secu- EC–4570. A communication from the Chief EC–4580. A communication from the In- rity, transmitting, pursuant to law, the re- of Regulations and Administrative Law, U.S. spector General, Nuclear Regulatory Com- port of a rule entitled ‘‘Safety Zone: Lower Coast Guard, Department of Homeland Secu- mission, transmitting, pursuant to law, a re- Cowlitz River Dredging Operation; Longview, rity, transmitting, pursuant to law, the re- port relative to the commercial and inher- Washington’’ (RIN1624-AA00) received on port of a rule entitled ‘‘Security Zone: ently governmental activities for fiscal year January 3, 2008; to the Committee on Com- Tinian, Commonwealth of the Northern Mar- 2007; to the Committee on Environment and merce, Science, and Transportation. iana Islands’’ ((RIN1625–AA87)(COTP Guam Public Works. EC–4562. A communication from the Chief 07–005)) received on January 3, 2008; to the EC–4581. A communication from the Acting of Regulations and Administrative Law, U.S. Committee on Commerce, Science, and Assistant Secretary for Fish, Wildlife and Coast Guard, Department of Homeland Secu- Transportation. Parks, Fish and Wildlife Service, Depart- rity, transmitting, pursuant to law, the re- EC–4571. A communication from the Chief ment of the Interior, transmitting, pursuant of Regulations and Administrative Law, U.S. to law, the report of a rule entitled ‘‘Endan- port of a rule entitled ‘‘Drawbridge Oper- Coast Guard, Department of Homeland Secu- gered and Threatened Wildlife and Plants; ation Regulations (including 4 regulations rity, transmitting, pursuant to law, the re- Designation of Critical Habitat for Arenaria beginning with CGD01-07-161)’’ (RIN1624- port of a rule entitled ‘‘Regattas and Marine ursina, Castilleja cinerea, and Eriogonum AA09) received on January 3, 2008; to the Parades; Great Annual Marine Events’’ kennedyi var. austromontanum’’ (RIN1018– Committee on Commerce, Science, and ((RIN1625–AA08)(USCG–2007–27373)) received AU80) received on December 20, 2007; to the Transportation. EC–4563. A communication from the Chief on January 3, 2008; to the Committee on Committee on Environment and Public Commerce, Science, and Transportation. Works. of Regulations and Administrative Law, U.S. EC–4572. A communication from the Chief EC–4582. A communication from the Acting Coast Guard, Department of Homeland Secu- of Regulations and Administrative Law, U.S. Assistant Secretary for Fish, Wildlife and rity, transmitting, pursuant to law, the re- Coast Guard, Department of Homeland Secu- Parks, Fish and Wildlife Service, Depart- port of a rule entitled ‘‘Drawbridge Oper- rity, transmitting, pursuant to law, the re- ment of the Interior, transmitting, pursuant ation Regulations; Gulf Intracoastal Water- port of a rule entitled ‘‘Safety Zones (includ- to law, the report of a rule entitled ‘‘Endan- way (Algiers Alternate Route), Belle Chasse, ing 3 regulations beginning with COTP San gered and Threatened Wildlife and Plants; LA’’ ((RIN1625-AA09)(CGD08-07-042)) received Francisco Bay 07–051)’’ (RIN1625–AA00) re- Designation of Critical Habitat for the on January 3, 2008; to the Committee on ceived on January 3, 2008; to the Committee Coastal California Gnatcatcher’’ (RIN1018– Commerce, Science, and Transportation. on Commerce, Science, and Transportation. AV38) received on December 20, 2007; to the EC–4564. A communication from the Chief EC–4573. A communication from the Dep- Committee on Environment and Public of Regulations and Administrative Law, U.S. uty Assistant Administrator for Regulatory Works. Coast Guard, Department of Homeland Secu- Programs, National Marine Fisheries Serv- EC–4583. A communication from the Acting rity, transmitting, pursuant to law, the re- ice, Department of Commerce, transmitting, Assistant Secretary for Fish, Wildlife and port of a rule entitled ‘‘Regulated Naviga- pursuant to law, the report of a rule entitled Parks, Fish and Wildlife Service, Depart- tion Area; Buzzards Bay, Massachusetts; ‘‘Correcting Amendment to 50 CFR 300.65 Pa- ment of the Interior, transmitting, pursuant Navigable Waterways within the First Coast cific Halibut Fisheries; Subsistence Fishing’’ to law, the report of a rule entitled ‘‘Endan- Guard District’’ ((RIN1625–AB17)(CGD01–04– (RIN0648–AW04) received on January 3, 2008; gered and Threatened Wildlife and Plants; 133)) received on January 3, 2008; to the Com- to the Committee on Commerce, Science, Designation of Critical Habitat for the San mittee on Commerce, Science, and Transpor- and Transportation. Diego Fairy Shrimp’’ (RIN1018–AI71) received tation. EC–4574. A communication from the Chief on December 20, 2007; to the Committee on EC–4565. A communication from the Chief of Staff, Media Bureau, Federal Communica- Environment and Public Works. of Regulations and Administrative Law, U.S. tions Commission, transmitting, pursuant to EC–4584. A communication from the Acting Coast Guard, Department of Homeland Secu- law, the report of a rule entitled ‘‘Exclusive Chair, Federal Subsistence Board, Depart- rity, transmitting, pursuant to law, the re- Service Contracts for Provision of Video ment of the Interior, transmitting, pursuant port of a rule entitled ‘‘Drawbridge Oper- Services in Multiple Dwelling United and to law, the report of a rule entitled ‘‘Subsist- ation Regulations Zone (including 3 regula- Other Real Estate Developments’’ ((FCC 07– ence Management Regulations for Public tions beginning with CGD01–07–136)’’ 189)(MB Docket 07–51)) received on January Lands in Alaska, Subpart C and Subpart D— (RIN1625–AA09) received on January 3, 2008; 2, 2008; to the Committee on Commerce, 2007–2008 Subsistence Taking of Wildlife Reg- to the Committee on Commerce, Science, Science, and Transportation. ulations; 2007–2008 Subsistence Taking of and Transportation. EC–4575. A communication from the Dep- Fish on the Kenai Peninsula Regulations’’ EC–4566. A communication from the Chief uty General Counsel, Federal Energy Regu- (RIN1018–AU15) received on December 20, of Regulations and Administrative Law, U.S. latory Commission, transmitting, pursuant 2007; to the Committee on Environment and Coast Guard, Department of Homeland Secu- to law, the report of a rule entitled ‘‘Trans- Public Works. rity, transmitting, pursuant to law, the re- parency Provisions under Section 23 of the EC–4585. A communication from the Prin- port of a rule entitled ‘‘Drawbridge Oper- Natural Gas Act’’ (RIN1902–AD32) received on cipal Deputy Associate Administrator, Office ation Regulations; Quinnipiac River, New January 2, 2008; to the Committee on Energy of Policy, Economics and Innovation, Envi- Haven, CT’’ ((RIN1625–AA09)(CGD01–07–091)) and Natural Resources. ronmental Protection Agency, transmitting, received on January 3, 2008; to the Com- EC–4576. A communication from the Dep- pursuant to law, the report of a rule entitled mittee on Commerce, Science, and Transpor- uty Assistant Secretary, Human Capital, ‘‘Michigan: Final Authorization of State tation. Performance, and Partnerships, Department Hazardous Waste Management Program Re- EC–4567. A communication from the Chief of the Interior, transmitting, pursuant to vision’’ (FRL No. 8514–1) received on January of Regulations and Administrative Law, U.S. law, a report relative to the competitions 3, 2008; to the Committee on Environment Coast Guard, Department of Homeland Secu- conducted by the Department of Interior in and Public Works. rity, transmitting, pursuant to law, the re- fiscal year 2007; to the Committee on Energy EC–4586. A communication from the Prin- port of a rule entitled ‘‘Transportation and Natural Resources. cipal Deputy Associate Administrator, Office

VerDate Mar 15 2010 22:12 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00080 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JA8.REC S22JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 22, 2008 CONGRESSIONAL RECORD — SENATE S93 of Policy, Economics and Innovation, Envi- EC–4596. A communication from the Chief EC–4606. A communication from the Chief ronmental Protection Agency, transmitting, of the Publications and Regulations Branch, of the Publications and Regulations Branch, pursuant to law, the report of a rule entitled Internal Revenue Service, Department of the Internal Revenue Service, Department of the ‘‘Approval and Promulgation of Air Quality Treasury, transmitting, pursuant to law, the Treasury, transmitting, pursuant to law, the Implementation Plans; West Virginia; Sec- report of a rule entitled ‘‘Disclosure of Re- report of a rule entitled ‘‘Regulations Under tion 110(a)(1) 8-Hour Ozone Maintenance Plan turn Information to the Bureau of the Cen- Section 367(a) Applicable to Certain Out- and Amendments to the 1-Hour Ozone Main- sus’’ ((RIN1545–BE08)(TD 9372)) received on bound Reorganizations and Section 351 Ex- tenance Plan’’ (FRL No. 8513–8) received on January 2, 2008; to the Committee on Fi- changes’’ (Notice 2008–10) received on Janu- January 3, 2008; to the Committee on Envi- nance. ary 3, 2008; to the Committee on Finance. ronment and Public Works. EC–4597. A communication from the Chief EC–4587. A communication from the Prin- of the Publications and Regulations Branch, f cipal Deputy Associate Administrator, Office Internal Revenue Service, Department of the REPORTS OF COMMITTEES DURING of Policy, Economics and Innovation, Envi- Treasury, transmitting, pursuant to law, the ronmental Protection Agency, transmitting, report of a rule entitled ‘‘Reduction of For- ADJOURNMENT pursuant to law, the report of a rule entitled eign Tax Credit Limitation Categories under Under the authority of the order of ‘‘Difenoconazole; Pesticide Tolerance’’ (FRL Section 904(d)’’ ((RIN1545–BG55)(TD 9368)) re- the Senate of December 19, 2007, the No. 8343–5) received on January 3, 2008; to the ceived on January 2, 2008; to the Committee following reports of committees were Committee on Environment and Public on Finance. submitted on January 8, 2008: Works. EC–4598. A communication from the Chief EC–4588. A communication from the Com- of the Publications and Regulations Branch, By Mr. BAUCUS, from the Committee on missioner, Social Security Administration, Internal Revenue Service, Department of the Finance, without amendment: transmitting, pursuant to law, a report rel- Treasury, transmitting, pursuant to law, the S. 2532. An original bill to amend titles ative to the Administration’s competitive report of a rule entitled ‘‘Treatment of Over- XVIII, XIX, and XXI of the Social Security sourcing efforts during fiscal year 2007; to all Foreign and Domestic Losses’’ ((RIN1545– Act to improve health care provided to Indi- the Committee on Finance. BH13)(TD 9371)) received on January 2, 2008; ans under the Medicare, Medicaid, and State EC–4589. A communication from the Pro- to the Committee on Finance. Children’s Health Insurance Programs, and gram Manager, Centers for Medicare and EC–4599. A communication from the Chief for other purposes (Rept. No. 110–255). Medicaid Services, Department of Health of the Publications and Regulations Branch, By Mr. LIEBERMAN, from the Committee and Human Services, transmitting, pursuant Internal Revenue Service, Department of the on Homeland Security and Governmental Af- to law, the report of a rule entitled ‘‘Revisit Treasury, transmitting, pursuant to law, the fairs, without amendment: User Fee Program for Medicare Survey and report of a rule entitled ‘‘User Fees Relating S. 550. A bill to preserve existing judge- Certification Activities’’ (RIN0938–AP22) re- to Enrollment to Perform Actuarial Serv- ships on the Superior Court of the District of ceived on January 2, 2008; to the Committee ices’’ ((RIN1545–BG88)(TD 9370)) received on Columbia (Rept. No. 110–256). on Finance. January 2, 2008; to the Committee on Fi- By Mr. INOUYE, from the Committee on EC–4590. A communication from the Pro- nance. Commerce, Science, and Transportation, gram Manager, Centers for Medicare and EC–4600. A communication from the Chief with amendments: Medicaid Services, Department of Health of the Publications and Regulations Branch, S. 1650. A bill to establish a digital and and Human Services, transmitting, pursuant Internal Revenue Service, Department of the wireless network technology program, and to law, the report of a rule entitled ‘‘Medi- Treasury, transmitting, pursuant to law, the for other purposes (Rept. No. 110–257). care Program; Elimination of Reimburse- report of a rule entitled ‘‘Application of f ment under Medicaid for School Administra- Wash Sale Rule when Stock is Repurchased tion Expenditures and Costs Related to in an IRA’’ (Rev. Rul. 2008–5) received on INTRODUCTION OF BILLS AND Transportation of School-Age Children be- January 2, 2008; to the Committee on Fi- JOINT RESOLUTIONS DURING AD- tween Home and School’’ (RIN0938–AP13) re- nance. JOURNMENT ceived on January 2, 2008; to the Committee EC–4601. A communication from the Chief on Finance. of the Publications and Regulations Branch, By Mr. BAUCUS: EC–4591. A communication from the Chief Internal Revenue Service, Department of the S. 2532. An original bill to amend titles of the Publications and Regulations Branch, Treasury, transmitting, pursuant to law, the XVIII, XIX, and XXI of the Social Security Internal Revenue Service, Department of the report of a rule entitled ‘‘Information Re- Act to improve health care provided to Indi- Treasury, transmitting, pursuant to law, the porting Requirements under Internal Rev- ans under the Medicare, Medicaid, and State report of a rule entitled ‘‘Section 6615 of enue Code Section 6039’’ (Notice 2008–8) re- Children’s Health Insurance Programs, and SWOTA on 10-year Amortization for Funding ceived on January 2, 2008; to the Committee for other purposes; from the Committee on Modifying Section 402 of PPA’06’’ (Announce- on Finance. Finance; placed on the calendar. ment 2008–2) received on January 2, 2008; to EC–4602. A communication from the Chief the Committee on Finance. of the Publications and Regulations Branch, f EC–4592. A communication from the Chief Internal Revenue Service, Department of the INTRODUCTION OF BILLS AND of the Publications and Regulations Branch, Treasury, transmitting, pursuant to law, the Internal Revenue Service, Department of the report of a rule entitled ‘‘Disclosure of Re- JOINT RESOLUTIONS Treasury, transmitting, pursuant to law, the turn Information to the Bureau of the Cen- The following bills and joint resolu- report of a rule entitled ‘‘Applicable Federal sus’’ ((RIN1545–BH30)(TD 9373)) received on tions were introduced, read the first Rates—January 2008’’ (Rev. Rul. 2008–4) re- January 2, 2008; to the Committee on Fi- and second times by unanimous con- ceived on January 2, 2008; to the Committee nance. sent, and referred as indicated: on Finance. EC–4603. A communication from the Chief EC–4593. A communication from the Chief of the Publications and Regulations Branch, By Mr. KENNEDY (for himself, Mr. of the Publications and Regulations Branch, Internal Revenue Service, Department of the SPECTER, and Mr. LEAHY): Internal Revenue Service, Department of the Treasury, transmitting, pursuant to law, the S. 2533. A bill to enact a safe, fair, and re- Treasury, transmitting, pursuant to law, the report of a rule entitled ‘‘Calculating and sponsible state secrets privilege Act; to the report of a rule entitled ‘‘Diversification of Apportioning Section 11(b)(1) Additional Tax Committee on the Judiciary. Investments in Certain Defined Contribution under Section 1561 for Controlled Groups’’ By Mr. BAYH: Plans—Extension of Notice 2006–107’’ (Notice ((RIN1545–BG40)(TD 9369)) received on Janu- S. 2534. A bill to designate the facility of 2008–7) received on January 2, 2008; to the ary 2, 2008; to the Committee on Finance. the United States Postal Service located at Committee on Finance. EC–4604. A communication from the Assist- 2650 Dr. Martin Luther King Jr. Street, Indi- EC–4594. A communication from the Chief ant Secretary, Office of Legislative Affairs, anapolis, Indiana, as the ‘‘Julia M. Carson of the Publications and Regulations Branch, Department of State, transmitting, pursuant Post Office Building″; to the Committee on Internal Revenue Service, Department of the to law, a report relative to actions taken to Homeland Security and Governmental Af- Treasury, transmitting, pursuant to law, the extend certain conditions of an agreement fairs. report of a rule entitled ‘‘CPI Adjustment for with the Republic of Mali; to the Committee By Mr. REID (for Mrs. CLINTON): Section 1274A for 2008’’ (Rev. Rul. 2008–3) re- on Finance. S. 2535. A bill to revise the boundary of the ceived on January 2, 2008; to the Committee EC–4605. A communication from the Direc- Martin Van Buren National Historic Site, on Finance. tor, Alcohol and Tobacco Tax and Trade Bu- and for other purposes; to the Committee on EC–4595. A communication from the Chief reau, Department of the Treasury, transmit- Energy and Natural Resources. of the Publications and Regulations Branch, ting, pursuant to law, the report of a rule en- By Mrs. HUTCHISON: Internal Revenue Service, Department of the titled ‘‘Small Domestic Producer Wine Tax S. 2536. A bill to amend title 38, United Treasury, transmitting, pursuant to law, the Credit—Implementation of Public Law 104– States Code, to prohibit the Secretary of report of a rule entitled ‘‘Active Conduct of 108, Section 1702, Amendments Related to Veterans Affairs from collecting certain a Trade or Business’’ (Notice 2008–9) received the Revenue Reconciliation Act of 1990’’ debts to the United States in the case of vet- on January 2, 2008; to the Committee on Fi- (RIN1515–AA05) received on December 19, erans who die as a result of a service-con- nance. 2007; to the Committee on Finance. nected disability incurred or aggravated on

VerDate Mar 15 2010 22:12 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00081 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JA8.REC S22JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S94 CONGRESSIONAL RECORD — SENATE January 22, 2008 active duty in a combat zone, and for other HATCH, Mrs. HUTCHISON, Mr. INHOFE, amend the Employee Retirement In- purposes; to the Committee on Veterans’ Af- Mr. INOUYE, Mr. ISAKSON, Mr. JOHN- come Security Act of 1974 and the In- fairs . SON, Mr. KENNEDY, Mr. KERRY, Ms. ternal Revenue Code of 1986 to ensure By Mr. VITTER: KLOBUCHAR, Mr. KOHL, Mr. KYL, Ms. that dependent students who take a S. 2537. A bill to suspend temporarily the LANDRIEU, Mr. LAUTENBERG, Mr. duty on cyclopentanone; to the Committee LEAHY, Mr. LEVIN, Mr. LIEBERMAN, medically necessary leave of absence on Finance. Mrs. LINCOLN, Mr. LUGAR, Mr. MAR- do not lose health insurance coverage, By Mr. VITTER: TINEZ, Mr. MCCAIN, Mrs. MCCASKILL, and for other purposes. S. 2538. A bill to suspend temporarily the Mr. MENENDEZ, Ms. MIKULSKI, Ms. S. 502 duty on glyoxylic acid; to the Committee on MURKOWSKI, Mrs. MURRAY, Mr. NEL- At the request of Mr. CRAPO, the Finance. SON of Florida, Mr. NELSON of Ne- By Mr. SPECTER: braska, Mr. OBAMA, Mr. PRYOR, Mr. name of the Senator from Pennsyl- S. 2539. A bill to amend the Internal Rev- REED, Mr. ROBERTS, Mr. ROCKE- vania (Mr. SPECTER) was added as a co- enue Code of 1986 to provide a special depre- FELLER, Mr. SALAZAR, Mr. SANDERS, sponsor of S. 502, a bill to repeal the ciation allowance for certain property placed Mr. SCHUMER, Mr. SESSIONS, Mr. sunset on the reduction of capital gains in service during 2008 and 2009; to the Com- SHELBY, Mr. SMITH, Ms. SNOWE, Mr. rates for individuals and on the tax- mittee on Finance. SPECTER, Ms. STABENOW, Mr. STE- ation of dividends of individuals at cap- By Mr. SPECTER: VENS, Mr. SUNUNU, Mr. TESTER, Mr. ital gains rates. S. 2540. A bill to amend the Internal Rev- THUNE, Mr. VITTER, Mr. VOINOVICH, enue Code to provide expensing for certain Mr. WARNER, Mr. WEBB, Mr. WHITE- S. 543 property placed in service during 2008 and HOUSE, Mr. WICKER, and Mr. WYDEN): At the request of Mr. NELSON of Ne- 2009; to the Committee on Finance. S. Res. 420. A resolution commending Mar- braska, the name of the Senator from By Mr. REID: tin P. Paone; considered and agreed to. North Carolina (Mrs. DOLE) was added S. 2541. A bill to extend the provisions of f as a cosponsor of S. 543, a bill to im- the Protect America Act of 2007 for an addi- tional 30 days; to the Committee on the Ju- ADDITIONAL COSPONSORS prove Medicare beneficiary access by diciary. extending the 60 percent compliance S. 14 By Mrs. FEINSTEIN: threshold used to determine whether a S. 2542. A bill to amend the Truth in Lend- At the request of Mr. KYL, the name hospital or unit of a hospital is an in- ing Act to provide for enhanced disclosure of the Senator from Pennsylvania (Mr. patient rehabilitation facility under under an open end credit plan; to the Com- SPECTER) was added as a cosponsor of the Medicare program. mittee on Banking, Housing, and Urban Af- S. 14, a bill to repeal the sunset on cer- S. 548 fairs. tain tax rates and other incentives and By Mr. ENSIGN (for himself, Mr. ALEX- to repeal the individual alternative At the request of Mr. LEAHY, the ANDER, Mr. BROWNBACK, Mr. BUNNING, minimum tax, and for other purposes. name of the Senator from Indiana (Mr. Mr. COBURN, Mr. COLEMAN, Mr. COR- BAYH) was added as a cosponsor of S. S. 22 NYN, Mrs. DOLE, Mr. GRAHAM, Mr. 548, a bill to amend the Internal Rev- GRASSLEY, Mr. HAGEL, Mrs. At the request of Mr. WEBB, the name enue Code of 1986 to provide that a de- HUTCHISON, Mr. INHOFE, Mr. KYL, Mr. of the Senator from Arkansas (Mr. duction equal to fair market value MCCAIN, Mr. MCCONNELL, Mr. ROB- PRYOR) was added as a cosponsor of S. shall be allowed for charitable con- ERTS, Mr. SESSIONS, Mr. SHELBY, Mr. 22, a bill to amend title 38, United THUNE, Mr. VOINOVICH, Mr. HATCH, tributions of literary, musical, artistic, States Code, to establish a program of or scholarly compositions created by and Mr. NELSON of Nebraska): educational assistance for members of S. 2543. A bill to amend title 18, United the donor. the Armed Forces who serve in the States Code, to prohibit taking minors S. 627 across State lines in circumvention of laws Armed Forces after September 11, 2001, requiring the involvement of parents in abor- and for other purposes. At the request of Mr. HARKIN, the name of the Senator from Louisiana tion decisions; to the Committee on the Ju- S. 170 (Ms. LANDRIEU) was added as a cospon- diciary. At the request of Mr. ENSIGN, the sor of S. 627, a bill to amend the Juve- By Mr. KENNEDY (for himself, Mr. name of the Senator from Texas (Mrs. DODD, Mr. BINGAMAN, Mr. HARKIN, nile Justice and Delinquency Preven- HUTCHISON) was added as a cosponsor of Mr. REED, Mrs. CLINTON, Mr. OBAMA, tion Act of 1974 to improve the health S. 170, a bill to amend the Internal and Mr. BROWN): and well-being of maltreated infants Revenue Code of 1986 to repeal the ex- S. 2544. A bill to provide for a program of and toddlers through the creation of a temporary extended unemployment com- cise tax on telephone and other com- National Court Teams Resource Cen- pensation; to the Committee on Finance. munications services. ter, to assist local Court Teams, and f S. 218 for other purposes. At the request of Ms. SNOWE, the SUBMISSION OF CONCURRENT AND S. 814 SENATE RESOLUTIONS name of the Senator from Arkansas (Mr. PRYOR) was added as a cosponsor At the request of Mr. SPECTER, the The following concurrent resolutions of S. 218, a bill to amend the Internal name of the Senator from Louisiana and Senate resolutions were read, and Revenue Code of 1986 to modify the in- (Ms. LANDRIEU) was added as a cospon- referred (or acted upon), as indicated: come threshold used to calculate the sor of S. 814, a bill to amend the Inter- By Mr. STEVENS (for himself, Mr. refundable portion of the child tax nal Revenue Code of 1986 to allow the BYRD, and Mr. COLEMAN): credit. deduction of attorney-advanced ex- S. Res. 419. A resolution honoring the life penses and court costs in contingency S. 367 and extraordinary contributions of Diane fee cases. Wolf; considered and agreed to. At the request of Mr. DORGAN, the S. 937 By Mr. REID (for himself, Mr. MCCON- names of the Senator from New York NELL, Mr. AKAKA, Mr. ALEXANDER, (Mr. SCHUMER), the Senator from Cali- At the request of Ms. COLLINS, her Mr. ALLARD, Mr. BARRASSO, Mr. BAU- fornia (Mrs. BOXER) and the Senator name was added as a cosponsor of S. CUS, Mr. BAYH, Mr. BENNETT, Mr. from New Jersey (Mr. LAUTENBERG) 937, a bill to improve support and serv- BIDEN, Mr. BINGAMAN, Mr. BOND, Mrs. were added as cosponsors of S. 367, a ices for individuals with autism and BOXER, Mr. BROWN, Mr. BROWNBACK, bill to amend the Tariff Act of 1930 to their families. Mr. BUNNING, Mr. BURR, Mr. BYRD, S. 970 Ms. CANTWELL, Mr. CARDIN, Mr. CAR- prohibit the import, export, and sale of PER, Mr. CASEY, Mr. CHAMBLISS, Mrs. goods made with sweatshop labor, and At the request of Mr. SMITH, the CLINTON, Mr. COBURN, Mr. COCHRAN, for other purposes. name of the Senator from Wyoming Mr. COLEMAN, Ms. COLLINS, Mr. CON- S. 400 (Mr. BARRASSO) was added as a cospon- RAD, Mr. CORKER, Mr. CORNYN, Mr. At the request of Mr. SUNUNU, the sor of S. 970, a bill to impose sanctions CRAIG, Mr. CRAPO, Mr. DEMINT, Mr. names of the Senator from New Mexico on Iran and on other countries for as- DODD, Mrs. DOLE, Mr. DOMENICI, Mr. INGAMAN sisting Iran in developing a nuclear DORGAN, Mr. DURBIN, Mr. ENSIGN, Mr. (Mr. B ), the Senator from Ari- ENZI, Mr. FEINGOLD, Mrs. FEINSTEIN, zona (Mr. MCCAIN) and the Senator program, and for other purposes. Mr. GRAHAM, Mr. GRASSLEY, Mr. from Washington (Mrs. MURRAY) were At the request of Mr. DURBIN, the GREGG, Mr. HAGEL, Mr. HARKIN, Mr. added as cosponsors of S. 400, a bill to name of the Senator from Montana

VerDate Mar 15 2010 22:12 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00082 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JA8.REC S22JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 22, 2008 CONGRESSIONAL RECORD — SENATE S95 (Mr. BAUCUS) was added as a cosponsor S. 1310 New Jersey (Mr. MENENDEZ) were added of S. 970, supra. At the request of Mr. SCHUMER, the as cosponsors of S. 1914, a bill to re- S. 980 name of the Senator from Minnesota quire a comprehensive nuclear posture At the request of Mrs. FEINSTEIN, the (Ms. KLOBUCHAR) was added as a co- review, and for other purposes. name of the Senator from Texas (Mr. sponsor of S. 1310, a bill to amend title S. 1951 CORNYN) was added as a cosponsor of S. XVIII of the Social Security Act to At the request of Mr. BAUCUS, the 980, a bill to amend the Controlled Sub- provide for an extension of increased name of the Senator from Kansas (Mr. stances Act to address online phar- payments for ground ambulance serv- BROWNBACK) was added as a cosponsor macies. ices under the Medicare program. of S. 1951, a bill to amend title XIX of S. 988 S. 1343 the Social Security Act to ensure that At the request of Ms. MIKULSKI, the At the request of Mr. BROWN, his individuals eligible for medical assist- names of the Senator from North Caro- name was added as a cosponsor of S. ance under the Medicaid program con- lina (Mrs. DOLE) and the Senator from 1343, a bill to amend the Public Health tinue to have access to prescription Rhode Island (Mr. WHITEHOUSE) were Service Act with respect to prevention drugs, and for other purposes. added as cosponsors of S. 988, a bill to and treatment of diabetes, and for S. 1965 extend the termination date for the ex- other purposes. At the request of Mr. STEVENS, the emption of returning workers from the S. 1395 name of the Senator from Maryland numerical limitations for temporary At the request of Mr. LEVIN, the (Mr. CARDIN) was added as a cosponsor workers. name of the Senator from Massachu- of S. 1965, a bill to protect children S. 1003 setts (Mr. KENNEDY) was added as a co- from cybercrimes, including crimes by At the request of Ms. STABENOW, the sponsor of S. 1395, a bill to prevent un- online predators, to enhance efforts to name of the Senator from Louisiana fair practices in credit card accounts, identify and eliminate child pornog- (Ms. LANDRIEU) was added as a cospon- and for other purposes. raphy, and to help parents shield their sor of S. 1003, a bill to amend title S. 1406 children from material that is inappro- XVIII of the Social Security Act to im- At the request of Mr. KERRY, the priate for minors. prove access to emergency medical name of the Senator from Connecticut S. 1975 services and the quality and efficiency (Mr. DODD) was added as a cosponsor of At the request of Mr. DODD, the name of care furnished in emergency depart- S. 1406, a bill to amend the Marine of the Senator from California (Mrs. ments of hospitals and critical access Mammal Protection Act of 1972 to BOXER) was added as a cosponsor of S. hospitals by establishing a bipartisan strengthen polar bear conservation ef- 1975, a bill to expand family and med- commission to examine factors that af- forts, and for other purposes. ical leave in support of servicemembers fect the effective delivery of such serv- S. 1515 with combat-related injuries. ices, by providing for additional pay- At the request of Mr. BIDEN, the S. 1980 ments for certain physician services name of the Senator from Pennsyl- furnished in such emergency depart- At the request of Mr. SMITH, the vania (Mr. CASEY) was added as a co- ments, and by establishing a Centers name of the Senator from Minnesota sponsor of S. 1515, a bill to establish a for Medicare & Medicaid Services (Mr. COLEMAN) was added as a cospon- domestic violence volunteer attorney Working Group, and for other purposes. sor of S. 1980, a bill to improve the network to represent domestic violence quality of, and access to, long-term S. 1107 victims. care. At the request of Mr. SMITH, the S. 1551 name of the Senator from Minnesota S. 2050 At the request of Mr. BROWN, the (Mr. COLEMAN) was added as a cospon- At the request of Mr. BROWN, the name of the Senator from South Da- sor of S. 1107, a bill to amend title name of the Senator from Vermont kota (Mr. JOHNSON) was added as a co- XVIII of the Social Security Act to re- (Mr. LEAHY) was added as a cosponsor sponsor of S. 1551, a bill to amend the duce cost-sharing under part D of such of S. 2050, a bill to amend title II of the Public Health Service Act with respect title for certain non-institutionalized Social Security Act to eliminate the to making progress toward the goal of full-benefit dual eligible individuals. five-month waiting period in the dis- eliminating tuberculosis, and for other ability insurance program, and for S. 1120 purposes. other purposes. At the request of Mr. HARKIN, the name of the Senator from New Jersey S. 1661 S. 2051 (Mr. LAUTENBERG) was added as a co- At the request of Mr. DORGAN, the At the request of Mr. CONRAD, the sponsor of S. 1120, a bill to amend the name of the Senator from Arkansas name of the Senator from Idaho (Mr. Public Health Service Act to provide (Mrs. LINCOLN) was added as a cospon- CRAIG) was added as a cosponsor of S. grants for the training of graduate sor of S. 1661, a bill to communicate 2051, a bill to amend the small rural medical residents in preventive medi- United States travel policies and im- school achievement program and the cine and public health. prove marketing and other activities rural and low-income school program designed to increase travel in the S. 1204 under part B of title VI of the Elemen- United States from abroad. At the request of Mr. DODD, the name tary and Secondary Education Act of of the Senator from South Dakota (Mr. S. 1750 1965. JOHNSON) was added as a cosponsor of At the request of Mr. SPECTER, the S. 2059 S. 1204, a bill to enhance Federal ef- name of the Senator from Louisiana At the request of Ms. COLLINS, her forts focused on public awareness and (Ms. LANDRIEU) was added as a cospon- name was added as a cosponsor of S. education about the risks and dangers sor of S. 1750, a bill to amend title 2059, a bill to amend the Family and associated with Shaken Baby Syn- XVIII of the Social Security Act to Medical Leave Act of 1993 to clarify the drome. preserve access to community cancer eligibility requirements with respect S. 1259 care by Medicare beneficiaries. to airline flight crews. At the request of Mr. SANDERS, his S. 1812 At the request of Mr. MENENDEZ, his name was added as a cosponsor of S. At the request of Mr. LAUTENBERG, name was added as a cosponsor of S. 1259, a bill to amend the Foreign As- his name was added as a cosponsor of 2059, supra. sistance Act of 1961 to provide assist- S. 1812, a bill to amend the Elementary At the request of Mr. BROWN, his ance for developing countries to pro- and Secondary Education Act of 1965 to name was added as a cosponsor of S. mote quality basic education and to es- strengthen mentoring programs, and 2059, supra. tablish the achievement of universal for other purposes. S. 2067 basic education in all developing coun- S. 1914 At the request of Mr. MARTINEZ, the tries as an objective of United States At the request of Mrs. FEINSTEIN, the name of the Senator from Maine (Ms. foreign assistance policy, and for other names of the Senator from Maryland COLLINS) was added as a cosponsor of S. purposes. (Ms. MIKULSKI) and the Senator from 2067, a bill to amend the Federal Water

VerDate Mar 15 2010 22:12 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00083 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JA8.REC S22JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S96 CONGRESSIONAL RECORD — SENATE January 22, 2008 Pollution Control Act relating to rec- ENSIGN) was added as a cosponsor of S. (Mr. COLEMAN) was added as a cospon- reational vessels. 2337, a bill to amend the Internal Rev- sor of S. 2485, a bill to amend the Pub- S. 2071 enue Code of 1986 to allow long-term lic Health Service Act to provide for At the request of Mrs. FEINSTEIN, the care insurance to be offered under cafe- the participation of physical therapists name of the Senator from Maine (Ms. teria plans and flexible spending ar- in the National Health Service Corps COLLINS) was added as a cosponsor of S. rangements and to provide additional Loan Repayment Program, and for 2071, a bill to enhance the ability to consumer protections for long-term other purposes. combat methamphetamine. care insurance. S. 2486 S. 2092 S. 2368 At the request of Mr. KERRY, the At the request of Mr. DURBIN, the At the request of Mr. PRYOR, the name of the Senator from New Mexico name of the Senator from California name of the Senator from Georgia (Mr. (Mr. BINGAMAN) was added as a cospon- (Mrs. BOXER) was added as a cosponsor CHAMBLISS) was added as a cosponsor of sor of S. 2486, a bill to remove a provi- of S. 2092, a bill to amend title 11, S. 2368, a bill to provide immigration sion from the Immigration and Nation- United States Code, to improve protec- reform by securing America’s borders, ality Act that prohibits individuals tions for employees and retirees in clarifying and enforcing existing laws, with HIV from being admissible to the business bankruptcies. and enabling a practical employer United States, and for other purposes. verification program. S. 2119 S.J. RES. 26 S. 2372 At the request of Mr. JOHNSON, the At the request of Mrs. DOLE, the name of the Senator from Arkansas At the request of Mr. SMITH, the names of the Senator from Oklahoma names of the Senator from Kansas (Mr. (Mr. PRYOR) was added as a cosponsor (Mr. INHOFE), the Senator from Georgia of S. 2119, a bill to require the Sec- ROBERTS) and the Senator from Geor- (Mr. CHAMBLISS), the Senator from retary of the Treasury to mint coins in gia (Mr. CHAMBLISS) were added as co- Florida (Mr. MARTINEZ) and the Sen- commemoration of veterans who be- sponsors of S. 2372, a bill to amend the ator from South Carolina (Mr. GRA- came disabled for life while serving in Harmonized Tariff Schedule of the HAM) were added as cosponsors of S.J. the Armed Forces of the United States. United States to modify the tariffs on Res. 26, a joint resolution supporting a certain footwear. S. 2166 base Defense Budget that at the very S. 2420 At the request of Mr. CASEY, the minimum matches 4 percent of gross At the request of Mr. SCHUMER, the domestic product. name of the Senator from New York name of the Senator from New Jersey (Mr. SCHUMER) was added as a cospon- S.J. RES. 27 (Mr. MENENDEZ) was added as a cospon- At the request of Mrs. DOLE, the sor of S. 2166, a bill to provide for sor of S. 2420, a bill to encourage the name of the Senator from Colorado greater responsibility in lending and donation of excess food to nonprofit or- (Mr. ALLARD) was added as a cosponsor expanded cancellation of debts owed to ganizations that provide assistance to of S.J. Res. 27, a joint resolution pro- the United States and the inter- food-insecure people in the United posing an amendment to the Constitu- national financial institutions by low- States in contracts entered into by ex- tion of the United States relative to income countries, and for other pur- ecutive agencies for the provision, the line item veto. poses. service, or sale of food. At the request of Mr. KERRY, his S. CON. RES. 63 S. 2423 name was added as a cosponsor of S. At the request of Mr. SPECTER, his At the request of Mrs. FEINSTEIN, the 2166, supra. name of the Senator from Maine (Ms. name was added as a cosponsor of S. S. 2194 Con. Res. 63, a concurrent resolution SNOWE) was added as a cosponsor of S. At the request of Mr. SALAZAR, the 2423, a bill to facilitate price trans- expressing the sense of the Congress re- name of the Senator from Massachu- parency in markets for the sale of garding the need for additional re- setts (Mr. KERRY) was added as a co- emission allowances, and for other pur- search into the chronic neurological sponsor of S. 2194, a bill to amend the poses. condition hydrocephalus, and for other Elementary and Secondary Education purposes. S. 2426 Act of 1965 to establish a partnership At the request of Mr. WHITEHOUSE, S. RES. 106 between the Department of Education the name of the Senator from Illinois At the request of Mr. DURBIN, the and the National Park Service to pro- (Mr. OBAMA) was added as a cosponsor name of the Senator from Delaware vide educational opportunities for stu- of S. 2426, a bill to provide for congres- (Mr. BIDEN) was added as a cosponsor of dents and teachers, and for other pur- sional oversight of United States S. Res. 106, a resolution calling on the poses. agreements with the Government of President to ensure that the foreign S. 2324 Iraq. policy of the United States reflects ap- At the request of Mrs. MCCASKILL, At the request of Mr. BAYH, his name propriate understanding and sensi- the name of the Senator from Okla- was added as a cosponsor of S. 2426, tivity concerning issues related to homa (Mr. COBURN) was withdrawn as a supra. human rights, ethnic cleansing, and cosponsor of S. 2324, a bill to amend the S. 2453 genocide documented in the United Inspector General Act of 1978 (5 U.S.C. At the request of Mr. ALEXANDER, the States record relating to the Armenian App.) to enhance the Offices of the In- names of the Senator from North Da- Genocide. spectors General, to create a Council of kota (Mr. CONRAD), the Senator from AMENDMENT NO. 3857 the Inspectors General on Integrity Kentucky (Mr. MCCONNELL), the Sen- At the request of Mrs. FEINSTEIN, the and Efficiency, and for other purposes. ator from Oklahoma (Mr. INHOFE) and name of the Senator from Rhode Island S. 2332 the Senator from Alaska (Mr. STEVENS) (Mr. WHITEHOUSE) was added as a co- At the request of Mr. DORGAN, the were added as cosponsors of S. 2453, a sponsor of amendment No. 3857 in- name of the Senator from Oregon (Mr. bill to amend title VII of the Civil tended to be proposed to S. 2248, an WYDEN) was added as a cosponsor of S. Rights Act of 1964 to clarify require- original bill to amend the Foreign In- 2332, a bill to promote transparency in ments relating to nondiscrimination on telligence Surveillance Act of 1978, to the adoption of new media ownership the basis of national origin. modernize and streamline the provi- rules by the Federal Communications S. 2456 sions of that Act, and for other pur- Commission, and to establish an inde- At the request of Mr. BAYH, his name poses. pendent panel to make recommenda- was added as a cosponsor of S. 2456, a f tions on how to increase the represen- bill to amend the Public Health Serv- tation of women and minorities in ice Act to improve and secure an ade- STATEMENTS ON INTRODUCED broadcast media ownership. quate supply of influenza vaccine. BILLS AND JOINT RESOLUTIONS S. 2337 S. 2485 By Mrs. HUTCHISON: At the request of Mr. GRASSLEY, the At the request of Mr. TESTER, the S. 2536. A bill to amend title 38, name of the Senator from Nevada (Mr. name of the Senator from Minnesota United States Code, to prohibit the

VerDate Mar 15 2010 22:12 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00084 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JA8.REC S22JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 22, 2008 CONGRESSIONAL RECORD — SENATE S97 Secretary of Veterans Affairs from col- serving in the Marine Corps for a num- It has been well known that the lecting certain debts to the United ber of years, this young man enlisted American people have not looked kind- States in the case of veterans who die in the Army. After high school he at- ly on what is happening in Washington, as a result of a service-connected dis- tended 2 different colleges utilizing VA DC. The approval ratings of the Presi- ability incurred or aggravated on ac- education benefits. When he was de- dent are low. The approval ratings of tive duty in a combat zone, and for ployed, he dropped out of school to the Congress are low. It appears some- other purposes; to the Committee on serve his country. He served one tour times as if it is a race to the bottom as Veterans’ Affairs. in Afghanistan and was on his 2nd tour to who is going to be the lowest the Mrs. HUTCHISON. Mr. President, I in Iraq when he was killed by a bomb fastest. rise to speak on a bill I filed today, the explosion. Because he had dropped out But now I think we have an oppor- Combat Veterans Debt Elimination Act of school, the deceased owed the VA tunity, in the face of an emergency— of 2008. This bill requires the Secretary $2,282. He is survived by a wife and 4 what may accurately be described as a of the Department of Veterans Affairs children. The family paid the VA be- real crisis—to take some effective ac- to forgive certain debts by our service cause they also believed it was the tion. It is my hope we will move with members who have already paid the ul- right thing to do. dispatch, with all due deliberation. We timate price in combat. This bill is The third Texas case involved a Ma- have the finest economic minds at about honoring our fallen heroes by rine reservist. He graduated from work on the issue. There have been a treating the families they left behind Texas A&M University and intended to lot of studies, and with our background with dignity, and by showing them we be a cardiovascular surgeon. He had re- of knowledge we are in a position to truly mean it when we tell them our ceived education assistance to go to move. Nation is grateful. the University. He was also killed in an There is no doubt the Congress can If a member of our Armed Forces is explosion in Iraq. He was married and move promptly when the Congress has killed and owes the Department of Vet- had 2 small children. Two days before the will to do so with the President. erans Affairs any outstanding debts, his death the VA sent him a letter say- Congress and the President have the the Secretary of VA is required by law ing he owed $845. capacity to move promptly. It is only a to notify the deceased family of the This is not a bill that should in any question of the will. I think this is an debt. I am appalled at this. I am sad- way fall into politics. This bill should opportunity for the Federal Govern- dened. If a service member is killed in be passed quickly on a bipartisan basis. ment to redeem itself in the eyes of the combat, his or her family has already There are cases just like the ones I American people by acting. paid enough. I cannot think of any- mentioned in Wisconsin, North Caro- I am pleased to see that Federal Re- thing more insulting than to tell a lina, Illinois, Iowa, Connecticut, Ne- serve Chairman Bernanke has acted family who has just lost a loved one braska, Colorado, Michigan, Wash- this morning to drop interest rates by that they owe a couple of hundred dol- ington, California, New York, Ken- three-quarters of a percentage point to lars to the Government. I for one will tucky, Georgia and South Carolina. It 3.5 percent. The Chairman of the Fed not stand for this. is clear our entire Nation is affected does not quite go so far as to say we Let me explain the scope of this prob- and we have to do something now. are in a recession, but he has pretty lem to illustrate how simple it should I know bills are usually referred to dire news saying: be to fix. There are 22 service members the committee of jurisdiction for re- The committee took this action in view of who were killed in combat fighting in view. I have served in this distin- a weakening of the economic outlook and in- Iraq and Afghanistan who have debts guished body for 15 years. But I am creasing downside risks to growth. While strains in short-term funding markets have to the VA. If you combined the debts of convinced this is a special case, and so I am here today asking the distin- eased somewhat, broader financial market those 22 service members, the total conditions have continued to deteriorate and amount of their debt would come to guished Majority and Minority Leaders to bring this bill to the floor before an- credit has tightened further for some busi- $56,366. In most cases the service mem- nesses and households. other family suffers the indignity of ber’s debt came in the form of edu- the current law. The VA has no choice I think it is really an understate- cational benefit payments so they but to follow the law, but we, here in ment. I think the credit market is a could go to college. During their en- Congress, have the power to change it. shambles, that if you look at the indi- rollment at school, they were called We can and should correct this require- cators in terms of borrowing on a vari- into service, and they were killed. ment and honor the memories and the ety of sources, credit is simply not Later on, the VA was forced to contact families of our fallen heroes. there. the families of the deceased and notify I am calling on all of my colleagues Many had urged the Fed to lower the them of those outstanding debts. How to right this wrong immediately. We rate to 3 percent. Candidly, that would tragic is this? cannot let this law stand another day. have been my choice. But I think Three of the 22 cases occurred in my Our soldiers and their families deserve three-quarters of a percent is decisive home State of Texas, which is more better. Every day is crucial to passing action, and that should be the starting than any other State. One fallen hero, this legislation and I ask my col- point for an economic package from a brave young man from Raymondville, leagues to join with me in this endeav- Congress. TX, joined the Army in 1997, right out or. I appreciate the fact that the Presi- of high school where he was both an dent has honored the wishes of the academic star, and an athletic star. He By Mr. SPECTER: leaders of the Democrats in Congress had been accepted to a prestigious uni- S. 2539. A bill to amend the Internal to await specifics until there has been versity, but put service to his country Revenue Code of 1986 to provide a spe- a meeting and a rejoinder of action. first. He was on his 3rd tour in Iraq cial depreciation allowance for certain But I think the time has come now to when he was killed by a sniper’s bullet. property placed in service during 2008 be specific. When he died, he owed the Government and 2009; to the Committee on Finance. The two legislative proposals which I $389 in education assistance payments. Mr. SPECTER. I have sought rec- am suggesting today deal with depre- The Secretary of VA was required by ognition to introduce two bills with a ciation schedules. Currently, there are law to contact that family and ask for view to aiding an emergency economic depreciation schedules on the 3-, 5-, and $389. I cannot imagine a more insensi- stimulus package. I am pleased to see 7-year mark which my legislation tive requirement. The family paid this that the President and the Democratic would expense—or, that is, depreciate— debt in full because they believed it leaders of the House of Representatives in the year when the expenditure is was the right thing to do. But did we and the Senate have stated their inten- made. Calculating the cost of this leg- do the right thing? I regret to say we tions to work together to provide an islation over a 10-year period, the Joint did not. I am embarrassed that this economic stimulus package. There is Committee on Taxation should find happened and I beseech my colleagues no doubt, based upon what is hap- that it will not cost a great deal on the to fix this problem today. pening in markets around the world, books. A second case involved an Army Ser- that there is an urgent need for such a The second bill which I am intro- geant from Missouri City, TX. After package. ducing would give a bonus depreciation

VerDate Mar 15 2010 22:12 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00085 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JA8.REC S22JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S98 CONGRESSIONAL RECORD — SENATE January 22, 2008 of 50 percent on items purchased on all it has tightened further for some busi- Lazear, Chairman of the President’s depreciation schedules. The bonus of 50 nesses and households.’’ Council of Economic Advisors, urging percent in 2008 or 50 percent in 2009, if Our current economic difficulties him to consider these proposals as cor- the purchases are made in either of were accentuated with the subprime nerstones of any economic stimulus these 2 years, will be a considerable mortgage crisis. With interest rates at package. I sent a similar letter to stimulus. all-time lows, lenders increasingly of- Treasury Secretary Hank Paulson on These are not original ideas of mine; fered mortgages to those who pre- January 18, 2008. these ideas have been proposed from a viously either would not have qualified My first piece of legislation provides variety of sources, including a com- for a mortgage or could not have af- 2 years of ‘‘bonus depreciation’’ for all mentary article from The Wall Street forded the payments on a mortgage. sectors of the economy. Specifically, Journal dated January 12, 2008. The Many borrowers with adjustable rate, firms would be allowed to expense 50 ideas were forwarded last week to the interest-only or no-down-payment percent of the cost of new equipment in Secretary of Treasury, Secretary mortgages have been unable to keep up the first year the asset is put to use. Paulson, and the Chairman of the with their monthly mortgage pay- Remaining value would be deducted Council of Economic Advisers, Edward ments that have reset to higher rates. over the course of its useful life by Lazear. The implications of the subprime mort- using the Internal Revenue Code depre- It is my hope we will move promptly gage crisis have now spread beyond the ciation schedules. By allowing firms to with an economic stimulus package. It housing sector. expense a greater share of the value of is my hope that while there may be di- A mere 18,000 jobs were added in De- an asset in the first year, this proposal vergent views and many different cember, falling significantly short frees up additional resources for firms points of view, that the efforts are from the 70,000 that were projected by to hire more workers and expand their being focused to the maximum extent industry analysts. According to the operations. possible on progrowth ideas. Labor Department’s monthly report, In the long-run, the cost of this pro- There is no doubt we have a very se- the unemployment rate also jumped to posal is minimal because it simply ac- rious problem with credit today. What 5 percent, up from November’s 4.7 per- celerates a tax benefit that is due over the Federal Reserve has done in low- cent. Our economy has not seen that time. This proposal does not create a ering the rate three-quarters of a per- level of unemployment in 2 years. On new deduction. However, because this cent to 3.5 percent is a significant January 2, 2007, crude oil prices hit the proposal will affect assets depreciated start, but more needs to be done on $100 per barrel milestone for the first on schedules longer than 10 years, this seeing to it that credit is available in time. The high cost of energy con- bill will have a static revenue cost over our economy. tinues to drive up the cost of doing a 10-year scoring period. Mr. President, I have sought recogni- business. This also means a higher cost The second piece of legislation I offer tion to introduce two pieces of legisla- of living for American consumers. The today will allow a variety of sectors to tion designed to provide immediate Consumer Price Index increased 0.8 per- take advantage of one-hundred percent economic stimulus for an economy hin- cent in November, its largest advance up-front expensing for new assets that dered by a housing crisis, rising oil since September 2005. A weak holiday are placed into service during tax years prices, unemployment, sagging stock shopping season also suggests that con- 2008 and 2009. Specifically, this legisla- markets, and battered consumer con- sumer confidence is low. According to tion would allow all equipment which fidence. Both bills I am introducing the International Council of Shopping is currently depreciated on the 3-, 5-, today, S. 2539 and S. 2540, provide in- Centers, sales growth for retailers was and 7-year schedules to be fully ex- centives for firms to place new equip- the lowest in 7 years. pensed in year one. Under current law, ment and other assets into use, thus On Friday, January 18, 2008, the when a company buys an asset that creating new job opportunities. Specifi- President made clear that timely ac- will last longer than 1 year, the com- cally, my proposals allow firms to de- tion is needed during a televised ad- pany cannot, under most cir- duct, or expense, a greater share of new dress with his economic advisors. The cumstances, deduct the entire cost and equipment in the year placed in serv- President outlined a broad framework enjoy an immediate tax benefit. In- ice. The need for aggressive action is for an economic stimulus package, one stead, the company must depreciate becoming more apparent with each that: is big enough to make a dif- the cost over the useful life of the passing day. ference; is built on broad-based tax re- asset, taking a tax deduction for a part There is increasing sentiment that lief; is temporary and takes effect right of the cost each year. While the com- timely action is needed by Congress to away; and does not include any tax in- pany will get to deduct the full cost of stimulate growth beyond what the Fed- creases. Specifically, the President the asset, delaying this benefit is a dis- eral Reserve can achieve through lower called for Congress to enact temporary advantage to the company. By allowing interest rates. Many experts, including tax relief consisting of rebate checks firms to deduct the cost of a new asset former Federal Reserve chairman Alan for individuals and investment incen- in year one, expensing spurs new in- Greenspan and former Treasury Sec- tives for businesses. He has tasked vestments quickly, which helps to retary Lawrence H. Summers, have in- Treasury Secretary Henry Paulson and drive immediate job creation. dicated that the U.S. economy is not Ed Lazear, Chairman of the Council on The assets that currently depreciate faring well and that a recession may be Economic Advisors, to work with Con- on these schedules are so varied that in our future. gress on agreeing on details of a pack- virtually every sector of the economy Meanwhile, Federal Reserve Chair- age. would be able to take advantage of this man Ben Bernanke has been hesitant Many in Congress are floating ideas benefit and expand their businesses. to classify the deteriorating economy for a package to kick-start the econ- Some of the assets and sectors on these as being in recession. However, in re- omy, including boosting spending for schedules include office equipment, sponse to an international stock sell- extending unemployment benefits and transportation equipment, agriculture, off and the likelihood of a sharp drop in providing States with fiscal relief. No textiles, furniture manufacturing, steel America, the Federal Reserve cut its matter what the final product, it is my products and high-tech manufacturing. benchmark short-term interest rate by belief that any package passed into law I have included at the conclusion of 3⁄4 of a percentage point to 3.5 percent should include tax incentives to spur this statement a full list of the asset this morning, Tuesday January 22, 2007. immediate business investment. The classes impacted by this bill. In a statement, the Federal Reserve two bills I introduce today are designed One particular advantage to this leg- said: ‘‘The committee took this action to help firms acquire new capital and islation is the minimal cost impact as in view of a weakening of the economic expand their operations. Incentives for viewed by the Joint Committee on Tax- outlook and increasing downside risks investment will lead to job creation ation, the Congressional unit which in- to growth. While strains in short-term and help dampen the threat of a reces- vestigates the operation and effects of funding markets have eased somewhat, sion. In the long-term, investment in- internal revenue taxes and the admin- broader financial market conditions centives will lead to increased growth. istration of such taxes. Because rev- have continued to deteriorate and cred- On January 16, 2008, I wrote to Edward enue legislation is scored over a 10-year

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This any qualified property— tural or firefighting purposes, ‘‘(A) the depreciation deduction provided point is of particular importance in the ‘‘(iii) which is purchased and on which such by section 167(a) for the taxable year in purchaser, at the time of the contract for 110th Congress because of PAYGO scor- which such property is placed in service shall purchase, has made a nonrefundable deposit ing rules that require offsetting rev- include an allowance equal to 50 percent of of the lesser of— enue raising provisions to be included the adjusted basis of the qualified property, ‘‘(I) 10 percent of the cost, or in order to ‘‘pay for’’ tax relief. and ‘‘(II) $100,000, and A January 12, 2008, op-ed in the Wall ‘‘(B) the adjusted basis of the qualified ‘‘(iv) which has— Street Journal entitled ‘‘The JFK property shall be reduced by the amount of ‘‘(I) an estimated production period ex- Stimulus Plan,’’ by Ernest S. Christian such deduction before computing the amount ceeding 4 months, and and Gary A. Robbins, provides an ex- otherwise allowable as a depreciation deduc- ‘‘(II) a cost exceeding $200,000. tion under this chapter for such taxable year ‘‘(3) EXCEPTIONS.— cellent argument for the approach I and any subsequent taxable year. ‘‘(A) ALTERNATIVE DEPRECIATION PROP- have identified with these two bills. ‘‘(2) QUALIFIED PROPERTY.—For purposes of According to Mr. Christian and Mr. ERTY.—This subsection shall not apply to this subsection— any property to which the alternative depre- Robbins, ‘‘More investment means ‘‘(A) IN GENERAL.—The term ‘qualified ciation system under subsection (g) applies, property’ means property— more productivity—and 80 percent of determined— ‘‘(i)(I) to which this section applies which the net benefit from increased produc- ‘‘(i) without regard to paragraph (7) of sub- has a recovery period of 20 years or less, tivity goes to labor. Expensing is a no- section (g) (relating to election to have sys- risk tax cut. It worked four times in ‘‘(II) which is computer software (as de- fined in section 167(f)(1)(B)) for which a de- tem apply), and the 1960s and 1970s. It worked in 1981– duction is allowable under section 167(a) ‘‘(ii) after application of section 280F(b) 1982 and again in 2002–2004.’’ They cite without regard to this subsection, (relating to listed property with limited a 2001 analysis conducted by the Insti- ‘‘(III) which is water utility property, business use). tute for Policy Innovation: ‘‘Each $1 of ‘‘(IV) which is qualified leasehold improve- ‘‘(B) ELECTION OUT.—If a taxpayer makes tax cut from first-year expensing pro- ment property, an election under this subparagraph with re- duces about $9 of additional GDP ‘‘(V) which is qualified restaurant property spect to any class of property for any taxable year, this subsection shall not apply to all growth.’’ A copy of the op-ed is in- (as defined in subsection (e)(7), but without regard to subparagraph (A) thereof), or property in such class placed in service dur- cluded for the RECORD. ing such taxable year. To address a short-run need for eco- ‘‘(VI) which is qualified retail improve- ment property, ‘‘(4) SPECIAL RULES.— nomic stimulus, I urge my colleagues ‘‘(ii) the original use of which commences ‘‘(A) SELF-CONSTRUCTED PROPERTY.—In the to support this legislation as Congress with the taxpayer on or after the starting case of a taxpayer manufacturing, con- begins making important decisions on date, structing, or producing property for the tax- how best to address our slumping econ- ‘‘(iii) which is— payer’s own use, the requirements of para- omy. These bills are supported by the ‘‘(I) acquired by the taxpayer on or after graph (2)(A)(iii) shall be treated as met if the U.S. Chamber of Commerce, the Na- the starting date and before the ending date, taxpayer begins manufacturing, con- tional Association of Manufacturers, but only if no written binding contract for structing, or producing the property after Americans for Tax Reform, and the Na- the acquisition was in effect before the start- the starting date and before the ending date. ing date, or ‘‘(B) SALE-LEASEBACKS.—For purposes of tional Restaurant Association. ‘‘(II) acquired by the taxpayer pursuant to subparagraph (C) and paragraph (2)(A)(ii), if In the long run, it is my belief that a written binding contract which was en- property is— Congress should consider taking steps tered into on or after the starting date and ‘‘(i) originally placed in service on or after to both enhance and make expensing before the ending date, and the starting date by a person, and tax benefits permanent. There are ‘‘(iv) which is placed in service by the tax- ‘‘(ii) sold and leased back by such person strong arguments for allowing all busi- payer before the ending date, or, in the case within 3 months after the date such property nesses to deduct these costs fully in of property described in subparagraph (B) or was originally placed in service, (C), before the date that is 1 year after the the year paid instead of requiring them such property shall be treated as originally ending date. to collect a benefit over a long amount placed in service not earlier than the date on ‘‘(B) CERTAIN PROPERTY HAVING LONGER which such property is used under the lease- of time. In addition to the issue of pro- PRODUCTION PERIODS TREATED AS QUALIFIED back referred to in subclause (II). viding tax incentives for businesses to PROPERTY.— ‘‘(C) SYNDICATION.—For purposes of para- invest in new growth capital, I believe ‘‘(i) IN GENERAL.—The term ‘qualified prop- it will also be important in the long- erty’ includes any property if such prop- graph (2)(A)(ii), if— run to provide sustained relief for erty— ‘‘(i) property is originally placed in service on or after the starting date by the lessor of American taxpayers. The President has ‘‘(I) meets the requirements of clauses (i), (ii), and (iii) of subparagraph (A), such property, acknowledged that while passing a new ‘‘(ii) such property is sold by such lessor or growth package is our most pressing ‘‘(II) has a recovery period of at least 10 years or is transportation property, any subsequent purchaser within 3 months economic priority, Congress needs to ‘‘(III) is subject to section 263A, and after the date such property was originally turn next to making sure that tax re- ‘‘(IV) meets the requirements of clause (ii) placed in service (or, in the case of multiple lief that is now in place is not taken or (iii) of section 263A(f)(1)(B) (determined as units of property subject to the same lease, away. if such clauses also apply to property which within 3 months after the date the final unit I look forward to working with my has a long useful life (within the meaning of is placed in service, so long as the period be- colleagues to rapidly enact a bipartisan section 263A(f))). tween the time the first unit is placed in fiscal stimulus package to help our ‘‘(ii) ONLY PRE-ENDING DATE BASIS ELIGIBLE service and the time the last unit is placed in service does not exceed 12 months), and sluggish economy. FOR ADDITIONAL ALLOWANCE.—In the case of property which is qualified property solely ‘‘(iii) the user of such property after the Mr. President I ask unanimous con- last sale during such 3-month period remains sent that the text of the bills of sup- by reason of clause (i), paragraph (1) shall apply only to the extent of the adjusted basis the same as when such property was origi- porting material be printed in the thereof attributable to manufacture, con- nally placed in service, RECORD. struction, or production before the ending such property shall be treated as originally There being no objection, the mate- date. placed in service not earlier than the date of rial was ordered to be printed in the ‘‘(iii) TRANSPORTATION PROPERTY.—For pur- such last sale. RECORD, as follows: poses of this subparagraph, the term ‘trans- ‘‘(D) LIMITATIONS RELATED TO USERS AND S. 2539 portation property’ means tangible personal RELATED PARTIES.—This subsection shall not Be it enacted by the Senate and House of Rep- property used in the trade or business of apply to any property if— resentatives of the United States of America in transporting persons or property. ‘‘(i) the user of such property (as of the Congress assembled, ‘‘(iv) APPLICATION OF SUBPARAGRAPH.—This date on which such property is originally SECTION 1. SPECIAL DEPRECIATION ALLOWANCE subparagraph shall not apply to any prop- placed in service) or a person which is re- FOR CERTAIN PROPERTY PLACED IN erty which is described in subparagraph (C). lated (within the meaning of section 267(b) or SERVICE DURING 2008 AND 2009. ‘‘(C) CERTAIN AIRCRAFT.—The term ‘quali- 707(b)) to such user or to the taxpayer had a (a) IN GENERAL.—Subsection (k) of section fied property’ includes property— written binding contract in effect for the ac- 168 of the Internal Revenue Code of 1986 is ‘‘(i) which meets the requirements of quisition of such property at any time before amended to read as follows: clauses (ii) and (iii) of subparagraph (A), the starting date, or

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‘‘(ii) in the case of property manufactured, ‘‘(ii) such improvement is placed in service (d) EFFECTIVE DATE.—The amendments constructed, or produced for such user’s or more than 3 years after the date the building made by this section shall apply to property person’s own use, the manufacture, construc- was first placed in service. placed in service after December 31, 2007. tion, or production of such property began at ‘‘(B) CERTAIN IMPROVEMENTS NOT IN- any time before the starting date. CLUDED.—Such term shall not include any S. 2540 ‘‘(5) COORDINATION WITH SECTION 280F.—For improvement for which the expenditure is Be it enacted by the Senate and House of Rep- purposes of section 280F— attributable to— resentatives of the United States of America in ‘‘(A) AUTOMOBILES.—In the case of a pas- ‘‘(i) the enlargement of the building, Congress assembled, senger automobile (as defined in section ‘‘(ii) any elevator or escalator, or SECTION 1. EXPENSING FOR CERTAIN PROPERTY 280F(d)(5)) which is qualified property, the ‘‘(iii) the internal structural framework of PLACED IN SERVICE DURING 2008 Secretary shall increase the limitation the building.’’. AND 2009. under section 280F(a)(1)(A)(i) by $7,650. (b) COORDINATION WITH CELLULOSIC BIO- (a) IN GENERAL.—Section 168 of the Inter- ‘‘(B) LISTED PROPERTY.—The deduction al- MASS ETHANOL PLANT PROPERTY.—Paragraph nal Revenue Code of 1986 is amended by add- lowable under paragraph (1) shall be taken (4) of section 168(l) of the Internal Revenue ing at the end the following new subsection: into account in computing any recapture Code of 1986 is amended by adding at the end ‘‘(m) SPECIAL ALLOWANCE FOR CERTAIN amount under section 280F(b)(2). the following new subparagraph: QUALIFIED PROPERTY PLACED IN SERVICE ‘‘(6) DEDUCTION ALLOWED IN COMPUTING MIN- ‘‘(D) BONUS DEPRECIATION PROPERTY.—Such DURING 2008 AND 2009.— IMUM TAX.—For purposes of determining al- term shall not include any property to which ‘‘(1) IN GENERAL.—In the case of any quali- ternative minimum taxable income under subsection (k) applies.’’. fied property— section 55, the deduction under subsection (c) CONFORMING AMENDMENTS.— ‘‘(A) the depreciation deduction provided (a) for qualified property shall be determined (1) Section 168(e)(6) of the Internal Revenue by section 167(a) for the taxable year in under this section without regard to any ad- Code of 1986 is amended by striking ‘‘section which such property is placed in service shall justment under section 56. 168(k)(3)’’ and inserting ‘‘section 168(k)(8)’’. include an allowance equal to 100 percent of ‘‘(7) STARTING DATE; ENDING DATE.—For (2) Section 168(l) of such Code is amended— the adjusted basis of the qualified property, purposes of this paragraph— (A) in paragraph (4), by striking and ‘‘(A) STARTING DATE.—The term ‘starting ‘‘168(k)(2)(D)(i)’’ and inserting ‘‘169(k)(3)(A)’’. ‘‘(B) the adjusted basis of the qualified date’ means January 1, 2008. (B) by striking paragraph (5) and inserting property shall be reduced by the amount of ‘‘(B) ENDING DATE.—The term ‘ending date’ the following: such deduction before computing the amount means January 1, 2010. ‘‘(5) SPECIAL RULES.—For purposes of this otherwise allowable as a depreciation deduc- ‘‘(8) QUALIFIED LEASEHOLD IMPROVEMENT subsection, rules similar to the rules of para- tion under this chapter for such taxable year PROPERTY.—For purposes of this subsection— graph (4) of section 168(k) shall apply, except and any subsequent taxable year. ‘‘(A) IN GENERAL.—The term ‘qualified that in applying such paragraph— ‘‘(2) QUALIFIED PROPERTY.—For purposes of leasehold improvement property’ means any ‘‘(A) the starting date shall be one day this subsection, the term ‘qualified property’ improvement to an interior portion of a after the date of the enactment of subsection means property— building which is nonresidential real prop- (l), ‘‘(A) which is 3-year property, 5-year prop- erty if— ‘‘(B) the ending date shall be January 1, erty, or 7-year property, ‘‘(i) such improvement is made under or 2013, and ‘‘(B) the original use of which commences pursuant to a lease (as defined in subsection ‘‘(C) ‘qualified cellulosic biomass ethanol with the taxpayer on or after the starting (h)(7))— plant property’ shall be substituted for date, ‘‘(I) by the lessee (or any sublessee) of such ‘qualified property’ in clause (iv) thereof.’’, ‘‘(C) which is— portion, or and ‘‘(i) acquired by the taxpayer on or after ‘‘(II) by the lessor of such portion, (C) in paragraph (6), by striking the starting date and before the ending date, ‘‘(ii) such portion is to be occupied exclu- ‘‘168(k)(2)(G)’’ and inserting ‘‘168(k)(6)’’. but only if no written binding contract for sively by the lessee (or any sublessee) of such (3) Section 1400L(b)(2) of such Code is the acquisition was in effect before the start- portion, and amended— ing date, or ‘‘(iii) such improvement is placed in serv- (A) in subparagraph (A)(i)(I), by inserting ‘‘(ii) acquired by the taxpayer pursuant to ice more than 3 years after the date the ‘‘(determined without regard to subclauses a written binding contract which was en- building was first placed in service. (V) and (VI) thereof)’’ after ‘‘168(k)(2)(A)(i)’’, tered into on or after the starting date and ‘‘(B) CERTAIN IMPROVEMENTS NOT IN- (B) in subparagraph (C)(ii), by striking before the ending date, and CLUDED.—Such term shall not include any ‘‘168(k)(2)(D)(i)’’ and inserting ‘‘168(k)(3)(A)’’, ‘‘(D) which is placed in service by the tax- improvement for which the expenditure is (C) in subparagraph (C)(iv), by striking payer before the ending date. attributable to— ‘‘168(k)(2)(D)(iii)’’ and inserting ‘‘(3) EXCEPTIONS.— ‘‘(i) the enlargement of the building, ‘‘168(k)(3)(B)’’, and ‘‘(A) ALTERNATIVE DEPRECIATION PROP- ‘‘(ii) any elevator or escalator, (D) in subparagraph (E), by striking ERTY.—This subsection shall not apply to ‘‘(iii) any structural component benefit- ‘‘168(k)(2)(G)’’ and inserting ‘‘168(k)(6)’’. any property to which the alternative depre- ting a common area, and (4) Section 1400L(c) of such Code is amend- ciation system under subsection (g) applies, ‘‘(iv) the internal structural framework of ed— determined— the building. (A) in paragraph (2), by striking ‘‘168(k)(3)’’ ‘‘(i) without regard to paragraph (7) of sub- ‘‘(C) DEFINITIONS AND SPECIAL RULES.—For and inserting ‘‘168(k)(8)’’, and section (g) (relating to election to have sys- purposes of this paragraph— (B) in paragraph (5), by striking tem apply), and ‘‘(i) COMMITMENT TO LEASE TREATED AS ‘‘168(k)(2)(D)(iii)’’ and inserting ‘‘(ii) after application of section 280F(b) LEASE.—A commitment to enter into a lease ‘‘168(k)(3)(B)’’. (relating to listed property with limited shall be treated as a lease, and the parties to (5) Section 1400N(d) of such Code is amend- business use). such commitment shall be treated as lessor ed— ‘‘(B) ELECTION OUT.—If a taxpayer makes and lessee, respectively. (A) in paragraph (2)(A)(i)(I), by inserting an election under this subparagraph with re- ‘‘(ii) RELATED PERSONS.—A lease between ‘‘(determined without regard to subclauses spect to any class of property for any taxable related persons shall not be considered a (V) and (VI) thereof)’’ after ‘‘168(k)(2)(A)(i)’’, year, this subsection shall not apply to all lease. For purposes of the preceding sen- and property in such class placed in service dur- tence, the term ‘related persons’ means— (B) in paragraph (2)(B)(i), by striking ing such taxable year. ‘‘(I) members of an affiliated group (as de- ‘‘168(k)(2)(D)(i)’’ and inserting ‘‘168(k)(3)(A)’’, ‘‘(4) SPECIAL RULES.— fined in section 1504), and (C) by striking paragraph (3) and inserting ‘‘(A) SELF-CONSTRUCTED PROPERTY.—In the ‘‘(II) persons having a relationship de- the following: case of a taxpayer manufacturing, con- scribed in subsection (b) of section 267; ex- ‘‘(5) SPECIAL RULES.—For purposes of this structing, or producing property for the tax- cept that, for purposes of this clause, the subsection, rules similar to the rules of para- payer’s own use, the requirements of para- phrase ‘80 percent or more’ shall be sub- graph (4) of section 168(k) shall apply, except graph (2)(C) shall be treated as met if the stituted for the phrase ‘more than 50 per- that in applying such paragraph— taxpayer begins manufacturing, con- cent’ each place it appears in such sub- ‘‘(A) the starting date shall be August 28, structing, or producing the property after section. 2005, the starting date and before the ending date. ‘‘(9) QUALIFIED RETAIL IMPROVEMENT PROP- ‘‘(B) the ending date shall be January 1, ‘‘(B) SALE-LEASEBACKS.—For purposes of ERTY.— 2008, and subparagraph (C) and paragraph (2)(B), if ‘‘(A) IN GENERAL.—The term ‘qualified re- ‘‘(C) ‘qualified Gulf Opportunity Zone prop- property is— tail improvement property’ means any im- erty’ shall be substituted for ‘qualified prop- ‘‘(i) originally placed in service on or after provement to an interior portion of a build- erty’ in clause (iv) thereof.’’, and the starting date by a person, and ing which is nonresidential real property if— (D) in paragraph (4), by striking ‘‘(ii) sold and leased back by such person ‘‘(i) such portion is open to the general ‘‘168(k)(2)(G)’’ and inserting ‘‘168(k)(6)’’, and within 3 months after the date such property public and is used in the trade or business of (E) in paragraph (6)(B)(ii)(II), by inserting was originally placed in service, selling tangible personal property or services ‘‘(determined without regard to subclauses such property shall be treated as originally to the general public, and (V) and (VI) thereof)’’ after ‘‘168(k)(2)(A)(i)’’. placed in service not earlier than the date on

VerDate Mar 15 2010 22:12 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00088 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JA8.REC S22JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 22, 2008 CONGRESSIONAL RECORD — SENATE S101 which such property is used under the lease- such property shall be treated as originally 280F(d)(5)) which is qualified property, the back referred to in subclause (II). placed in service not earlier than the date of Secretary shall increase the limitation ‘‘(C) SYNDICATION.—For purposes of para- such last sale. under section 280F(a)(1)(A)(i) by $7,650. graph (2)(B), if— ‘‘(D) LIMITATIONS RELATED TO USERS AND ‘‘(B) LISTED PROPERTY.—The deduction al- ‘‘(i) property is originally placed in service RELATED PARTIES.—This subsection shall not lowable under paragraph (1) shall be taken on or after the starting date by the lessor of apply to any property if— into account in computing any recapture such property, ‘‘(i) the user of such property (as of the amount under section 280F(b)(2). ‘‘(ii) such property is sold by such lessor or date on which such property is originally ‘‘(6) DEDUCTION ALLOWED IN COMPUTING MIN- any subsequent purchaser within 3 months placed in service) or a person which is re- IMUM TAX.—For purposes of determining al- lated (within the meaning of section 267(b) or ternative minimum taxable income under after the date such property was originally 707(b)) to such user or to the taxpayer had a section 55, the deduction under subsection placed in service (or, in the case of multiple written binding contract in effect for the ac- (a) for qualified property shall be determined units of property subject to the same lease, quisition of such property at any time before under this section without regard to any ad- within 3 months after the date the final unit the starting date, or justment under section 56. is placed in service, so long as the period be- ‘‘(ii) in the case of property manufactured, ‘‘(7) STARTING DATE; ENDING DATE.—For tween the time the first unit is placed in constructed, or produced for such user’s or purposes of this paragraph— service and the time the last unit is placed person’s own use, the manufacture, construc- ‘‘(A) STARTING DATE.—The term ‘starting in service does not exceed 12 months), and tion, or production of such property began at date’ means January 1, 2008. ‘‘(iii) the user of such property after the any time before the starting date. ‘‘(B) ENDING DATE.—The term ‘ending date’ last sale during such 3-month period remains ‘‘(5) COORDINATION WITH SECTION 280F.—For means January 1, 2010.’’. the same as when such property was origi- purposes of section 280F— (b) EFFECTIVE DATE.—The amendment nally placed in service, ‘‘(A) AUTOMOBILES.—In the case of a pas- made by this section shall apply to property senger automobile (as defined in section placed in service after December 31, 2007. TABLE OF ASSET CLASSES AND DEPRECIATION SCHEDULES—*INFORMATION ACQUIRED FROM INTERNAL REVENUE SERVICE

General Depre- Asset Class Description of assets included Class Life ciation Schedule (in years) (in years)

00.11 ...... Office Furniture, Fixtures, and Equipment: Includes furniture and fixtures that are not a structural component of a building. Includes such assets as desks, 10 7 files, safes, and communications equipment. Does not include communications equipment that is included in other classes. 00.12 ...... Information Systems: Includes Computers and their peripheral equipment used in administering normal business transactions and the maintenance of 6 5 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 infor- mation, and supplying the results of these processes with or without human intervention. It usually consists of a central processing unit containing ex- tensive 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 ex- amples 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 Computers: Includes only typewriters, calculators, adding and accounting machines, copiers, and duplicating equipment. 6 5 00.21 ...... Airplanes (airframes and engines), except those used in commercial or contract carrying of passengers or freight, and all helicopters (airframes and en- 6 5 gines). 00.22 ...... Automobiles, Taxis ...... 3 5 00.23 ...... Buses ...... 9 5 00.241 ...... Light General Purpose Trucks: Includes trucks for use over the road (actual weight less than 13,000 pounds) ...... 4 5 00.242 ...... Heavy General purpose Trucks: Includes heavy general purpose trucks, concrete ready mix-trucks, and ore trucks, for use over the road (actual unloaded 6 5 weight 13,000 pounds or more). 00.25 ...... Railroad Cars and Locomotives, except those owned by railroad transportation companies ...... 15 7 00.26 ...... Tractor units for Use Over-The-Road ...... 4 3 00.27 ...... Trailers and Trailer-Mounted Containers ...... 6 5 01.1 ...... Agriculture: Includes machinery and equipment, grain bins, and fences but no other land improvements, that are used in the production of crops or plants, 10 7 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 more than 12 years old at the time it is placed in service ...... 10 7 01.222 ...... Any breeding or work horse that is more than 12 years old at the time it is placed in service ...... 10 3 01.223 ...... Any race horse that is more than 2 years old at the time it is placed in service ...... 10 3 01.224 ...... Any race horse that is more than 12 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 ... 10 3 01.225 ...... Any horse not described in classes 01.221, 01.222, 01.223, or 01.224 ...... 10 7 01.23 ...... Hogs, Breeding ...... 3 3 01.24 ...... Sheep and Goats, Breeding ...... 5 5 10.0 ...... Mining: Includes assets used in the mining and quarrying of metallic and nonmetallic minerals (including sand, gravel, stone, and clay) and the milling, 10 7 beneficiation and other primary preparation of such materials. 13.0 ...... Offshore Drilling: Includes assets used in offshore drilling for oil and gas such as floating, self-propelled and other drilling vessels, barges, platforms, and .5 5 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: Includes assets used in the drilling of onshore oil and gas wells and the provision of geophysical and other exploration serv- 6 5 ices; 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 Petroleum and Natural Gas Deposits: Includes assets used by petroleum and natural gas producers for drilling of wells 14 7 and production of petroleum and natural gas, including gathering pipelines and related storage facilities. Also includes petroleum and natural gas off- shore 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 trans- shipment 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 in construction by general building, special trade, heavy and marine construction contractors, operative and investment 6 5 builders, real estate subdividers and developers, and others except railroads. 20.4 ...... Manufacture of Other Food and Kindred Products: Includes assets used in the production of foods and beverages not included in classes 20.1, 20.2 and 12 7 20.3. 20.5 ...... Manufacture of Food and Beverages—Special Handling Devices: Includes assets defined as specialized materials handling devices such as returnable pal- 4 3 lets, 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 Products: Includes assets used in the production of cigarettes, cigars, smoking and chewing tobacco, snuff, and 15 7 other tobacco products. 22.1 ...... Manufacture of Knitted Goods: Includes assets used in the production of knitted and netted fabrics and lace. Assets used in yarn preparation, bleaching, 7.5 5 dyeing, printing, and other similar finishing processes, texturing, and packaging, are elsewhere classified. 22.2 ...... Manufacture of Yarn, Thread, and Woven Fabric: Includes assets used in the production of spun yarns including the preparing, blending, spinning, and 11 7 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, Finishing, and Packaging of Textile Products and Manufacture of Medical and Dental Supplies: Includes assets used in 9 5 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 tex- tile 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.

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General Depre- Asset Class Description of assets included Class Life ciation Schedule (in years) (in years)

22.4 ...... Manufacture of Textile Yarns: Includes assets used in the processing of yarns to impart bulk and/or stretch properties to the yarn. The principal machines 8 5 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 fin- ishing processes, are elsewhere classified. 22.5 ...... Manufacture of Nonwoven Fabrics: Includes assets used in the production of nonwoven fabrics, felt goods including felt hats, padding, batting, wadding, 10 7 oakum, and fillings, from new materials and from textile mill waste. Nonwoven fabrics are defined as fabrics (other than reinforced and laminated com- posites 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 Finished Products: Includes assets used in the production of clothing and fabricated textile products by the cutting and 9 5 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 machinery and equipment and roadbuilding equipment used by logging and sawmill operators and pulp manufacturers 6 5 for their own account. 24.2 ...... Sawing of Dimensional Stock from Logs: Includes machinery and equipment installed in permanent of well established sawmills ...... 10 7 24.3 ...... Sawing of Dimensional Stock from Logs: Includes machinery and equipment in sawmills characterized by temporary foundations and a lack, or minimum 6 5 amount, of lumberhandling, drying, and residue disposal equipment and facilities. 24.4 ...... Manufacture of Wood Products, and Furniture: Includes assets used in the production of plywood, hardboard, flooring, veneers, furniture, and other wood 10 7 products, including the treatment of poles and timber. 26.1 ...... Manufacture of Pulp and Paper: Includes assets for pulp materials handling and storage, pulpmill processing, bleach processing, paper and paperboard 13 7 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 regen- eration of chemicals used in manufacturing. Does not included assets used either in pulpwood logging, or in the manufacture of hardboard. 26.2 ...... Manufacture of Converted Paper, Paperboard, and Pulp Products: Includes assets used for modification, or remanufacture of paper and pulp into converted 10 7 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 Industries: Includes assets used in printing by one or more processes, such as letter-press, lithography, gravure, or screen; 11 7 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 Products: Includes assets used to manufacture basic organic and inorganic chemicals; chemical products to be used 9.5 5 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 oper- ation with chemical products producing assets. Also includes assets used to manufacture photographic supplies, such as film, photographic paper, sen- sitized photographic paper, and developing chemicals. Includes all land improvements associated with plant site or production processes, such as efflu- ent 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: Includes assets used for the production of products from natural, synthetic, or reclaimed rubber, gutta percha, balata, or 14 7 gutta siak, such as tires tubes, rubber footwear, mechanical rubber goods, heels and soles, flooring, and rubber sundries; and in the recapping, re- treading, and rebuilding of tires. 30.11 ...... Manufacture of Rubber Products—Special Tools and Devices: Includes assets defined as special tools, such as jigs, dies, mandrels, molds, lasts, patterns, 4 3 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 Products: Includes assets used in the manufacture of plastics products and the molding of primary plastics for the trade. 11 7 Does not include assets used in the manufacture of basic plastics materials nor the manufacture of phonograph records. 30.21 ...... Manufacture of Finished Products—Special Tools: Includes assets defined as special tools, such as jigs, dies, fixtures, molds, patterns, gauges, and spe- 3.5 3 cialty 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 Products: Includes assets used in the tanning, currying, and finishing of hides and skins; the processing of fur pelts; 11 7 and the manufacture of finished leather products, such as footwear, belting, apparel, and luggage. 32.1 ...... Manufacture of Glass Products: Includes assets used in the production of flat, blown, or pressed products of glass, such as float and window glass, glass 14 7 containers, glassware and fiberglass. Does not include assets used in the manufacture of lenses. 32.11 ...... Manufacture of Glass Products—Special Tools: Includes assets defined as special tools such as molds, patterns, pallets, and specialty transfer and ship- 2.5 3 ping 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 mate- rials handling devices. 32.3 ...... Manufacture of Other Stone and Clay Products: Includes assets used in the manufacture of products from materials in the form of clay and stone, such as 15 7 brick, tile, and pipe; pottery and related products, such as vitreous-china, plumbing fixtures, earthenware and ceramic insulating materials; and also in- cludes 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 Metals: Includes assets used in the smelting, refining, and electrolysis of nonferrous metals from ore, pig, or scrap, the 14 7 rolling, drawing, and alloying of nonferrous metals; the manufacture of castings, forgings, and other basic products of nonferrous metals; and the man- ufacture of nails, spikes, structural shapes, tubing, wire, and cable. 33.21 ...... Manufacture of Primary Nonferrous Metals—Special Tools: Includes assets defined as special tools such as dies, jigs, molds, patterns, fixtures, gauges 6.5 5 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 in- clude 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: Includes assets used in the casting of iron and steel, including related operations such as molding and coremaking. Also 14 7 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 Products: Includes assets used in the smelting, reduction, and refining of iron and steel from ore, pig, or scrap; the roll- 15 7 ing, 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 Products: Includes assets used in the production of metal cans, tinware, fabricated structural metal products, metal 12 7 stampings, and other ferrous and nonferrous metal and wire products not elsewhere classified. Does not include assets used to manufacture non-elec- tric heating apparatus. 34.01 ...... Manufacture of Fabricated Metal Products—Special Tools: Includes assets defined as special tools such as dies, jigs, molds, patterns, fixtures, gauges, 3 3 and returnable containers and drawings concerning such special tools used in the activities as defined in class 34.0. Special tools are specifically de- signed 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 con- veyors, transfer equipment, and materials handling devices. 35.0 ...... Manufacture of Electrical and Non-Electrical Machinery and Other Mechanical Products: Includes assets used to manufacture or rebuild finished machinery 10 7 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 machin- ery, 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 includ- ing 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 activi- ties 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.

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General Depre- Asset Class Description of assets included Class Life ciation Schedule (in years) (in years)

36.0 ...... Manufacture of Electronic Components, Products, and Systems: Includes assets used in the manufacture of electronic communication computation, instru- 6 5 mentation 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 record- ers, 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 sub- strates, 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 Equipment ...... 5 5 37.11 ...... Manufacture of Motor Vehicles: Includes assets used in the manufacture and assembly of finished automobiles, trucks, trailers, motor homes, and buses. 12 7 Does not include assets used in mining, printing and publishing, production of primary metals, electricity, or steam, or the manufacture of glass, indus- trial chemicals, batteries, or rubber products, which are classified other than those excluded above, where such activities are incidental to and an inte- gral part of the manufacture and assembly of finished motor vehicles such as the manufacture of parts and subassemblies of fabricated metal prod- ucts, 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—Special Tools: Includes assets defined as special tools, such as jigs, dies, fixtures, molds, patterns, gauges, and specialty 3 3 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 spe- cial 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: Includes assets used in the manufacture and assembly of airborne vehicles and their component parts including hy- 10 7 draulic, pneumatic, electrical, and mechanical systems. Does not include assets used in the production of electronic airborne detection, guidance, con- trol, radiation, computation, test navigation, and communication equipment or the components thereof. 37.31 ...... Ship and Boat Building Machinery and Equipment: Includes assets used in the manufacture and repair of ships, boats, caissons, marine drilling rigs, and 12 7 special fabrications not included in assets classes 37.32 and 37.33. Specifically includes all manufacturing and repairing machinery and equipment, in- cluding 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 Tools: Includes assets defined as special tools such as dies, jigs, molds, patterns fixtures, gauges, and drawings con- 6.5 5 cerning such special tools used in the activities defined in classes 37.31 and 37.32. Special tools are specifically designed for the production or proc- essing 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 assets used in building or rebuilding railroad locomotives (including mining and industrial locomotives). Does not in- 11.5 7 clude assets of railroad transportation companies or assets of companies which manufacture components of locomotives but do not manufacture fin- ished locomotives. 37.42 ...... Manufacture of Railroad Cars: Includes assets used in building or rebuilding railroad freight or passenger cars (including rail transit cars). Does not in- 12 7 clude assets of railroad transportation companies or assets of companies which manufacture components of railroad cars but do not manufacture fin- ished railroad cars. 39.0 ...... Manufacture of Athletic, Jewelry, and Other Goods: Includes assets used in the production of jewelry; musical instruments; toys and sporting goods; motion 12 7 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 pas- sengers and freight by rail. Assets of electrified railroads will be classified in a manner corresponding to that set forth below for railroads not inde- pendently 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: Includes assets classified in the following Interstate Commerce Commission accounts: 14 7 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: Includes assets used in the commercial and contract carrying of freight by road, except the transportation assets included 8 5 in classes with the prefix 00.2. 45.0 ...... Air Transport: Includes assets (except helicopters) used in commercial and contract carrying of passengers and freight by air. For purposes of section 12 7 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 (exclu- sive 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 ac- counts in the Civil Aeronautics Board uniform system of accounts. 45.1 ...... Air Transport (restricted): Includes each assets described in the description of class 45.0 which was held by the taxpayer on April 15, 1976, or is acquired 6 5 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 Office Switching Equipment: Includes equipment whose function are those of a computer of peripheral equipment (as 9.5 5 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) equip- ment. 48.13 ...... Telephone Station Equipment: Includes such station apparatus and connections and teletypewriters, telephones, booths, private exchanges, and comparable 10 7 equipment as defined in Federal Communication Commission Part 31 Account Nos 231, 232, and 234. 48.2 ...... Radio and Television Broadcastings: Includes assets used in radio and television broadcasting, except transmitting towers...... 6 5 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 Microwave Systems: Includes assets such as transmitters and receivers, antenna supporting structure, antennas, trans- 13 7 mission 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, Channeling, and Associated Control Equipment: Includes central office switching computers, interfacing computers, other 10.5 7 associated specialized control equipment, and site improvements. 48.36 ...... TOCSC—Satellite Ground Segment Property: Includes assets such as fixed earth station equipment, antennas, satellite communications equipment, and 10 7 interface equipment used in satellite communications. Does not include general purpose equipment or equipment used in satellite space segment prop- erty. 48.37 ...... TOCSC—Satellite Space Segment Property: Includes satellites and equipment used for telemetry, tracking, control, and monitoring when used in satellite 8 5 communications. 48.38 ...... TOCSC—Equipment Installed on Customer’s Premises: Includes assets installed on customer’s premises, such as computers, terminal equipment, power 10 7 generation and distribution systems, private switching center, teleprinters, facsimile equipment and other associated and related equipment. 48.39 ...... TOCSC—Support and Service Equipment: Includes assets used to support but not engage in communications. Includes store, warehouse and shop tools 13.5 7 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 as towers, antennas, preamplifiers, converters, modulation equipment, and program non-duplication systems. Does 11 7 not include headend building and program origination assets. 48.42 ...... CATV—Subscriber Connection and Distribution Systems: Includes assets such as trunk and feeder cable, connecting hardware, amplifiers, power equip- 10 7 ment, passive devices, direction taps, pedestals, pressure taps, drop cables, matching transformers, multiple set connector equipment, and converters. 48.43 ...... CATV—Program Origination: Includes assets such as cameras, film chains, video tape recorders, lighting, and remote location equipment excluding vehi- 9 5 cles. Does not include buildings and their structural components. 48.44 ...... CATV—Service and Test: Includes assets such as oscilloscopes, field strength meters, spectrum analyzers, and cable testing equipment, but does not in- 8.5 5 clude vehicles.

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General Depre- Asset Class Description of assets included Class Life ciation Schedule (in years) (in years)

48.45 ...... CATV—Microwave Systems: Includes assets such as towers, antennas, transmitting and receiving equipment, and broadband microwave assets used in the 9.5 5 provision of cable television services. Does not include assets used in the provision of common carrier services. 49.121 ...... Electric Utility Nuclear Fuel Assemblies: Includes initial core and replacement core nuclear fuel assemblies (i.e., the composite of fabricated nuclear fuel 5 5 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 (SNG) Production Plant (naphtha or lighter hydrocarbon feedstocks): Includes assets used in the catalytic conversion of 14 7 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 Recovery Plants: Includes assets used in the conversion of refuse or other solid waste or biomass to heat or to a solid, liq- 10 7 uid, 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: Includes assets used in wholesale and retail trade, and personal and professional services. Includes section 1245 assets 9 5 used in marketing petroleum and petroleum products. 79.0 ...... Recreation: Includes assets used in the provision of entertainment services on payment of a fee or admission charge, as in the operation of bowling alleys, 10 7 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. 80.0 ...... Theme and Amusement Parks: Includes assets used in the provision of rides, attractions, and amusements in activities defined as theme and amusement 12.5 7 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 provi- sion of administrative services (asset classes with the prefix 00.1) and warehouses, administration buildings, hotels and motels.

[From the Wall Street Journal Online, Jan. In terms of the real benefit from capital in- CHAMBER OF COMMERCE 12, 2008] vestment—induced economic growth and OF THE UNITED STATES OF AMERICA, THE JFK STIMULUS PLAN higher living standards—first-year expensing Washington, DC, January 15, 2008. produces enormous bang for the buck. Expe- Hon. ARLEN SPECTER, (By Ernest S. Christian and Gary A. Robbins) rience in 2003–2004 shows that new orders for U.S. Senate, Got an economic downturn? Need a stim- manufacturing equipment and other business Washington, DC. ulus package? Why not adopt full or partial durables begin to be placed within weeks of DEAR SENATOR SPECTER: The U.S. Chamber first-year expensing (or its cousin, the in- the enactment date. Small businesses and of Commerce, the world’s largest business vestment tax credit), which has come to the other producers will not order what they do federation representing more than three mil- rescue many times since 1962, when Presi- not need. But when the price goes down lion businesses and organizations of every dent John F. Kennedy first administered this (which is the effect of expensing), they can size, sector, and region, appreciates the in- type of remedy to the economy? afford to order what they do need more troduction of your legislative proposals that By allowing more of the cost of machinery quickly, and in larger volumes. would accelerate cost recovery, The Cham- and equipment to be deducted more quickly, ber believes that provisions such as these first-year expensing causes new investment An analysis for the Institute for Policy In- novation in 2001 concluded that, over time, that promote economic growth should be in- to be made sooner. More investment means cluded in any tax legislation that moves this more productivity—and 80% of the net ben- each $1 of tax cut from first-year expensing produces about $9 of additional GDP growth. year. efit from increased productivity goes to The Chamber recognizes that the U.S. The high ratio occurs in large part because labor. Expensing is a no-risk tax cut. It economy has weakened and believes that a more capital investment leads to more em- worked four times in the 1960s and 1970s. It tax package to combat this economic dete- ployment and higher wages. worked in 1981–1982 and again in 2002–2004. rioration should encourage broad based ac- It also has bipartisan appeal. Democrat Expensing is not the favorite of the finan- tivity. Your accelerated cost recovery pro- Dan Rostenkowski proposed it in 1981, when cial accountants who treat it as a tax defer- posals would, in the short run, act as an in- he was Chairman of the House Ways and ral rather than a tax cut—and for that rea- surance policy by encouraging immediate in- Means Committee. More recently, Democrat son it is probably also not the favorite of vestment, and, in the long run, would in- Max Baucus, the current Chairman of the some corporate financial officers. But it crease productivity and further the prospects Senate Finance Committee, was the Senate ranks very high with economists, tax re- for long-term economic growth. sponsor of 30% partial expensing in 2002. formers and many members of Congress. In Thank you for your leadership on this During the recession that started in 2000, fact, first-year expensing is not a stimulant issue. The Chamber looks forward to work- the economy did not respond much to a for emergency use only. It is the correct way ing with you to ensure that it is considered Keynesian tax cut in 2001, consisting mostly to treat capital investment and is, therefore, in the coming debate on the economy. of a new 10% bottom bracket for individuals a key component of all mainstream tax-re- Sincerely, and a child credit. In the first quarter of form proposals. R. BRUCE JOSTEN, 2001, real investment began falling at an an- A surefire economic stimulus with an ex- Executive Vice President, nual rate of 6%. The decline was stopped by ceptional pedigree that ultimately pays for Government Affairs. the 30% partial expensing enacted in the most of its cost and can get enacted ought to spring of 2002. Investment started rising be at the top of the list for inclusion in U.S. SENATE, again at a real annual rate of 9% beginning President George Bush’s upcoming State of Washington, DC, January 18, 2008. with the enactment in 2003 of 50% partial ex- the Union message. It ought also to be made Hon. HENRY M. PAULSON, JR., pensing, in combination with lower rates of a permanent part of the tax code. Secretary, Department of the Treasury, Wash- tax on capital gains and dividends. ington, DC. Although essentially revenue neutral in Expensing is the favorite of tightfisted DEAR SECRETARY PAULSON: I am writing to budgeters because ultimately it pays for the long run, full and permanent fist-year bring to your attention two pieces of legisla- most of its cost. This is true even when the expensing is not ‘‘free’’ from a budget-ac- tion which I plan to introduce when the Sen- Treasury uses old-fashioned static revenue counting standpoint. The static revenue cost ate returns on Tuesday, January 22, 2008, to estimates that do not take into account may on average be as much as $80 billion per provide immediate economic stimulus for an feedback revenues from the large amount of year until it is paid back. But these sums do economy hindered by a housing crisis, rising induced economic growth. Expensing is the not take into account feedbacks, and are rel- oil prices, unemployment, sagging stock low-cost remedy because it does not create atively small compared to all the money markets, and battered consumer confidence. any new deductions, but merely accelerates that simply falls through the cracks on the Both are designed to spur new business in- forward in time currently allowable depre- spending side of the budget. And then there vestments through the use of partial- and ciation write-offs. are all the earmarks and other waste. full-expensing. By allowing firms to expense Much of the revenue payback starts quick- Surely Congress and the administration a greater share of the value of an asset in the ly. In the case of a full, first-year deduction can find enough money to finance the tem- first year, these proposals free up additional for the cost of equipment with a five-year de- porary cost of a much needed tax reform resources for firms to hire more workers and preciation life, the Treasury gets 52% of its that will make the American people at least expand their operations. money back in the first two years. The econ- $2.5 trillion better off through economic The first bill provides two years of ‘‘bonus omy gets a boost even quicker. growth. depreciation’’ for all sectors of the economy.

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Specifically, firms would be allowed to ex- NATIONAL RESTAURANT ASSOCIATION, SECTION 1. EXTENSION OF THE PROTECT AMER- pense fifty percent of the cost of new equip- Washington, DC, January 18, 2008. ICA ACT OF 2007. ment in the first year the asset is put to use. DEAR SENATOR SPECTER: The National Res- Subsection (c) of section 6 of the Protect Remaining value would be deducted over the taurant Association, founded in 1919, is the America Act of 2007 (Public Law 110–55; 121 course of its useful life by using the Internal leading business association for the res- Stat. 557; 50 U.S.C. 1803 note) is amended by Revenue Code depreciation schedules. taurant industry, which is comprised of striking ‘‘180’’ and inserting ‘‘210’’. The second bill allows a variety of sectors 945,000 restaurant and foodservice outlets to take advantage of one-hundred percent and a work force of 13.1 million employees, By Mrs. FEINSTEIN: up-front expensing for new assets that are generating estimated sales of $558 billion in S. 2542. A bill to amend the Truth in placed into service during tax years 2008 and 2008. Lending Act to provide for enhanced 2009. Specifically, this legislation would Not only are restaurants the cornerstone disclosure under an open end credit allow all equipment which is currently de- of the economy, they are also the corner- stone of career opportunities and community plan; to the Committee on Banking, preciated on the three-, five-, and seven-year involvement. Nearly half of all American Housing, and Urban Affairs. schedules to be fully expensed in year one. adults have worked in a restaurant and 32 Mrs. FEINSTEIN. Mr. President, I One particular advantage to this legislation percent of adults got their first job experi- is the minimal cost impact as viewed by the rise to introduce the Credit Card Min- ence in a restaurant. Eight out of 10 salaried imum Payment Notification Act. Joint Committee on Taxation. Because rev- employees in restaurants started as hourly enue legislation is scored over a ten-year Many Americans now own multiple employees and the restaurant industry em- credit cards. The average American has window and the tax benefit inferred by this ploys more minority managers than any bill still occurs within that span (only other industry. Furthermore, more than one four credit cards, and 1 in 7 Americans quicker), the revenue impact will be neg- in nine restaurants are involved in some hold more than 10 cards. ligible. type of charitable activity. The proliferation of credit cards can I believe that these proposals should be the We commend you for introducing this leg- be traced, in part, to a dramatic in- cornerstone of any economic stimulus pack- islation that would help stimulate the econ- crease in credit card solicitation. In age crafted by the Administration and/or omy by allowing businesses, like res- 1990, credit card companies sent about Congress. To that end, I urge you to review taurants, to use partial- and full-expensing these proposals and include them in any po- and spur on new investments. Under current 1.1 billion solicitations to American tential stimulus package. law, when a company buys an asset that will homes; in 2006, they sent over 9.2 bil- Thank you for your attention to this im- last longer than one year, the company can- lion. portant matter. not, under most circumstances, deduct the As one would expect, the increase in Sincerely, entire cost and enjoy an immediate tax ben- credit card ownership has also yielded ARLEN SPECTER. efit. Instead, the company must depreciate an increase in credit card debt. Individ- the cost over the useful life of the asset, tak- uals get 6, 7, or 8 different credit cards, ing a tax deduction for a part of the cost U.S. SENATE, pay only the minimum payment re- Washington, DC, January 16, 2008. each year. By allowing firms to deduct the quired, and many end up drowning in Hon. EDWARD P. LAZEAR, cost of a new asset in year one, expensing Chairman, Council of Economic Advisers, spurs new investments quickly and drives debt. That happens in case after case. Washington, DC. immediate job creation. Over the past two decades, the credit It is clear an economic stimulus package is DEAR CHAIRMAN LAZEAR: I am writing to card debt of American consumers has needed quickly to help the U.S. economy. bring to your attention two pieces of legisla- nearly tripled—from $238 billion in 1989 Restaurants are in the unique position to tion which I plan to introduce when the Sen- help by creating more demand for projects to a staggering $800 billion in 2005. ate returns on Tuesday, January 22, 2008, to that will bring increased opportunity for new As a result, the average American provide immediate economic stimulus for an construction and improvements to our busi- household now has about $9,500 of cred- economy hindered by a housing crisis, rising nesses. The restaurant industry will quickly it card debt. That is almost twice the oil prices, unemployment, sagging stock respond to signals and take advantage of average level of credit card debt from markets, and battered consumer confidence. bonus depreciation periods, as we have done Both are designed to spur new business in- just 10 years ago. in the past, should such provisions be en- In light of these figures it should be vestments through the use of partial- and acted into law. full-expensing. By allowing firms to expense Restaurants also have a great opportunity no surprise that vast numbers of Amer- a greater share of the value of an asset in the to create more jobs for Americans. Not only icans have been filing for bankruptcy first year, these proposals free up additional will we build new locations and improve ex- in recent years. In 2005—just before the resources for firms to hire more workers and isting ones, thereby creating more jobs with- implementation date of the Bank- expand their operations. in the restaurant industry, but we can also ruptcy Reform Act—over 2 million non- The first bill provides two years of ‘‘bonus generate jobs in other sectors of the econ- business bankruptcies were filed. depreciation’’ for all sectors of the economy. omy. According to the Bureau of Economic Many of these personal bankruptcies Specifically, firms would be allowed to ex- Analysis, every dollar spent in the construc- pense fifty percent of the cost of new equip- tion industry generates an additional $2.39 in are people who utilize credit cards. The ment in the first year the asset is put to use. spending in the rest of the economy, while benefits and flexibility these cards Remaining value would be deducted over the every $1 million spent in the construction in- offer are enormously attractive. How- course of its useful life by using the Internal dustry creates more than 28 jobs in the over- ever, these individual credit card hold- Revenue Code depreciation schedules. all economy. ers receive no information on the im- The second bill allows a variety of sectors Again, we commend you and support your pact of carrying a balance with to take advantage of 100 percent up-front ex- efforts with these two pieces of legislation. compounding interest. Too often indi- pensing for new assets that are placed into We look forward to working with you as dis- service during tax years 2008 and 2009. Spe- cussions quickly move forward to craft an viduals make just the minimum pay- cifically, this legislation would allow all economic stimulus package for the country. ment. They pay it for 1 year, 2 years— equipment which is currently depreciated on Sincerely, they make additional purchases, they the three-, five-, and seven-year schedules to JOHN GAY, get another card, and another, and an- be fully expensed in year one. One particular Senior Vice President, other. advantage to this legislation is the minimal Government Affairs and Public Policy. After, 2 or 3 years, many find that cost impact as viewed by the Joint Com- the interest on the debt is larger than By Mr. REID: mittee on Taxation. Because revenue legisla- the total purchases they originally tion is scored over a ten-year window and S. 2541. A bill to extend the provi- made, such that they can never repay the tax benefit ihferred by this bill still oc- sions of the Protect America Act of curs within that span (only quicker), the rev- 2007 for an additional 30 days; to the these cards—and they do not know enue impact will be negligible. Committee on the Judiciary. what to do about it. I believe that these proposals should be the Mr. REID. Mr. President, I ask unan- The Credit Card Minimum Payment cornerstone of any economic stimulus pack- imous consent that the text of the bill Notification Act would help prevent age crafted by the Administration and/or be printed in the RECORD. this problem. Let me tell you exactly Congress. To that end, I urge you to review There being no objection, the text of what the bill would do. It would re- these proposals and include them in any po- the bill was ordered to be placed in the quire credit card companies to add two tential stimulus package drafted by the Ad- items to each consumer’s monthly ministration. RECORD, as follows: Thank you for your attention to this im- S. 2541 credit card statement: a notice warn- portant matter. Be it enacted by the Senate and House of Rep- ing credit card holders that making Sincerely, resentatives of the United States of America in only the minimum payment each ARLEN SPECTER. Congress assembled, month will increase the interest they

VerDate Mar 15 2010 22:12 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00093 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JA8.REC S22JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S106 CONGRESSIONAL RECORD — SENATE January 22, 2008 pay and the amount of time it takes to $9,500 of debt. That’s $45,584 in interest fornia law was struck down in U.S. Dis- repay their debt; and examples of the payments—an amount that approaches trict Court as being preempted by the amount of time and money required to 5 times the original debt. These exam- 1968 Truth in Lending Act. repay a credit card debt if only min- ples are far from extreme. The Truth in Lending Act was en- imum payments are made. Last March, the Permanent Sub- acted in part because Congress found If the consumer makes only min- committee on Investigations of the that, ‘‘The informed use of credit re- imum payments for, 6 consecutive Committee on Homeland Security and sults from an awareness of the cost months, the amount of time and money Governmental Affairs heard testimony thereof by consumers.’’ required to repay the individual’s spe- from Wesley Wannemacher, a con- This bill would amend the Truth in cific credit card debt, under the terms sumer from Lima, OH. Lending Act, and would also further its of their credit card agreement. Mr. Wannemacher charged $3,200 to a core purpose. The bill would also require that a credit card in 2001 and 2002. He never These disclosures will allow con- toll-free number be included on state- charged anything on the card again, sumers to know exactly what it means ments, to allow consumers to call and but he spent the next 6 years strug- for them to carry a balance and only speak to a live person to get an esti- gling to pay it off, as he experienced make minimum payments, so they can mate of the time and money required the kinds of events that American make informed decisions on credit card to repay their balance if only min- households routinely face—unexpected use and repayment. imum payments are made. medical expenses, a growing family, The disclosure required by this bill is If the consumer makes only min- and so on. straightforward—how much it will cost imum payments for 6 consecutive By early 2007 Mr. Wannemacher had to pay off the debt if only minimum months, they will receive a toll-free paid $6,300 on the initial $3,200 in debt, payments are made, and how long it number for an accredited credit coun- but he still owed $4,400 on the card. In- will take to do it. As for expense, my seling service. terest charges, late fees, and $1,500 in staff tells me that on the Web site The disclosure requirements in this fees for going over the limit—even Cardweb.com, there is a free interest bill would only apply if the consumer though the balance had only exceeded calculator that does these calculations has a minimum payment that is less the limit three times—had resulted in in under a second. Moreover, I am told than 10 percent of the debt on the cred- total charges of $10,700 for that initial that banks make these calculations in- it card. Otherwise, none of these disclo- $3,200 in credit. ternally to determine credit risk. The sures would be required on their state- Fortunately for Mr. Wannemacher, expense of making these disclosures ment. his credit card company reviewed his would be minimal. Statistics vary about the number of account—after it became known that Percentage rates and balances are individuals who make only the min- he was going to testify to Congress constantly changing, and each month, imum payments. One study in 2004 de- about his experience. The remaining the credit card companies are able to termined that 35 million people pay balance on his account was forgiven. assess the minimum payment, late only the minimum on their credit Mr. President, testifying before a fees, over-the-limit fees and finance cards. In a 2005 poll, 40 percent of re- Senate committee is not something charges for millions of accounts. spondents said that they pay the min- that Americans could—or should have If the credit card companies can put imum or slightly more. to—do to escape from crushing credit in their bills what the minimum What is certain is that many Ameri- card debt. monthly payment is, they can cer- cans pay only the minimum, and that That is one of the reasons why it is tainly figure out how to disclose to paying only the minimum has harsh fi- so important for this Congress to pass their customers how much it might nancial consequences. the Credit Card Minimum Payment No- cost them if they stick to that min- I suspect that most people would be tification Act. imum payment. surprised to know how much interest There will always be people who can- The credit card industry is the most can pile up when paying the minimum. not afford to pay more than their min- profitable sector of banking, and in Take the average household, with imum payments. But there is also a 2006 it made $36.8 billion in profits—an $9,500 of credit card debt, and the aver- large number of consumers who can af- increase of nearly 80 percent from their age credit card interest rate, which ford to pay more but feel comfortable profits in 2000. I don’t think they will last week was 13.74 percent. If only the paying the minimum payment because have any trouble implementing the re- 2 percent minimum payment is made, they don’t realize the consequences of quirements of this bill. it will take them 35 years and $21,799.07 doing so. I believe that this legislation is ex- to pay off the card. Now I am certainly not trying to de- traordinarily important and that it That is if the family doesn’t spend monize credit cards or the credit card will reduce bankruptcies. In the face of another cent on their credit cards—an industry. Credit cards are an important the subprime mortgage crisis, and as unlikely assumption. In other words, part of everyday life, and they help the we appear to be heading toward a re- the family will need to pay over $12,000 economy operate more smoothly by cession, this bill is needed now more in interest to repay just $9,500 of prin- giving consumers and merchants a reli- than ever. cipal. able, convenient way to exchange The harsh effects of the 2005 bank- For individuals or families with more funds. ruptcy bill are starting to become ap- than average debt, the pitfalls are even However, I do think that people parent. I continue to believe that a bill greater. $20,000 of credit card debt at should understand the dangers of pay- requiring a limited but meaningful dis- the average 13.74 percent interest rate ing only their monthly minimums. In closure by credit card companies is a will take 42 years and more than $46,300 this way individuals will be able to act necessary accompaniment. I think you to pay off if only the minimum pay- responsibly. will see consumers acting more cau- ments are made. The bottom line is that for many tiously if these disclosures are made, Mr. President, 13.74 percent is only consumers, the two percent minimum and I believe that will be good for the the average rate. Interest rates around payment is a financial trap. bankruptcy courts in terms of reducing 20 percent are not uncommon. Penalty The Credit Card Minimum Payment their caseloads, and also good for interest rates on credit cards average Notification Act is designed to ensure American consumers. 27.3 percent, and seven major credit that people are not caught in this trap The credit card debt problem facing cards charge penalty rates of more through lack of information. The bill our Nation is significant. I believe that than 30 percent. tracks the language of an amendment I this bill is an important step in pro- Even if we assume only a 20 percent cosponsored during the debate on the viding individuals with the information interest rate, a family that has the av- 2005 bankruptcy bill. needed to act responsibly, and it does erage debt of $9,500 at a 20 percent in- The language of this bill is based on so with a minimal burden on the indus- terest rate and makes the minimum a California law, the California Credit try. payments will need an incredible 82 Card Payment Warning Act, passed in I urge my colleagues to support this years and $55,084 to pay off that initial 2001. Unfortunately, in 2002, this Cali- legislation.

VerDate Mar 15 2010 22:12 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00094 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JA8.REC S22JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 22, 2008 CONGRESSIONAL RECORD — SENATE S107 Mr. President, I ask unanimous con- by the statement required by clause (i). A re- of the time it would take and the approxi- sent that the text of the bill be printed tail credit card issuer is not required to pro- mate total cost to repay the cardholder’s in the RECORD. vide this statement if the cardholder has a balance by disclosing only the information There being no objection, the text of balance of less than five hundred dollars set forth in the table described in subclause ($500). (III). Including the full chart along with a the bill was ordered to be printed in ‘‘(II) A written statement providing indi- billing statement does not satisfy the obliga- the RECORD, as follows: vidualized information indicating an esti- tion under this paragraph. S. 2542 mate of the number of years and months and ‘‘(B) DEFINITIONS.—In this paragraph: Be it enacted by the Senate and House of Rep- the approximate total cost to pay off the en- ‘‘(i) OPEN-END CREDIT CARD ACCOUNT.—The resentatives of the United States of America in tire balance due on an open-end credit card term ‘open-end credit card account’ means Congress assembled, account if the cardholder were to pay only an account in which consumer credit is SECTION 1. SHORT TITLE. the minimum amount due on the open-ended granted by a creditor under a plan in which This Act may be cited as the ‘‘Credit Card account based upon the terms of the credit the creditor reasonably contemplates re- Minimum Payment Notification Act of 2008’’. agreement. For purposes of this subclause peated transactions, the creditor may im- only, if the account is subject to a variable pose a finance charge from time to time on SEC. 2. ENHANCED DISCLOSURE UNDER AN OPEN rate, the creditor may make disclosures END CREDIT PLAN. an unpaid balance, and the amount of credit based on the rate for the entire balance as of Section 127(b) of the Truth in Lending Act that may be extended to the consumer dur- the date of the disclosure and indicate that (15 U.S.C. 1637(b)) is amended by adding at ing the term of the plan is generally made the rate may vary. In addition, the card- the end the following: available to the extent that any outstanding holder shall be provided with referrals or, in ‘‘(13) ENHANCED DISCLOSURE UNDER AN OPEN balance is repaid and up to any limit set by the alternative, with the ‘800’ telephone END CREDIT PLAN.— the creditor. number of the National Foundation for Cred- ‘‘(A) IN GENERAL.—A credit card issuer ‘‘(ii) RETAIL CREDIT CARD.—The term ‘retail it Counseling through which the cardholder shall, with each billing statement provided credit card’ means a credit card that is can be referred, to credit counseling services to a cardholder in a State, provide the fol- issued by or on behalf of a retailer, or a pri- in, or closest to, the cardholder’s county of lowing on the front of the first page of the vate label credit card, that is limited to cus- residence. The credit counseling service shall billing statement, in type no smaller than tomers of a specific retailer. be in good standing with the National Foun- ‘‘(C) EXEMPTIONS.— that required for any other required disclo- dation for Credit Counseling or accredited by sure, but in no case in less than 8-point cap- ‘‘(i) MINIMUM PAYMENT OF NOT LESS THAN the Council on Accreditation for Children TEN PERCENT.—This paragraph shall not italized type: and Family Services. The creditor is re- ‘‘(i) A written statement in the following apply in any billing cycle in which the ac- quired to provide, or continue to provide, the count agreement requires a minimum pay- form: ‘Minimum Payment Warning: Making information required by this clause only if only the minimum payment will increase the ment of not less than 10 percent of the out- the cardholder has not paid more than the standing balance. interest you pay and the time it takes to minimum payment for 6 consecutive months, ‘‘(ii) NO FINANCE CHARGES.—This paragraph repay your balance.’. beginning after July 1, 2002. ‘‘(ii) Either of the following: shall not apply in any billing cycle in which ‘‘(iii)(I) A written statement in the fol- finance charges are not imposed.’’. ‘‘(I) A written statement in the form of and lowing form: ‘For an estimate of the time it containing the information described in item would take to repay your balance, making By Mr. ENSIGN (for himself, Mr. (aa) or (bb), as applicable, as follows: only minimum payments, and the total ‘‘(aa) A written 3-line statement, as fol- amount of those payments, call this toll-free ALEXANDER, Mr. BROWNBACK, lows: ‘A one thousand dollar ($1,000) balance telephone number: (Insert toll-free telephone Mr. BUNNING, Mr. COBURN, Mr. will take 17 years and 3 months to pay off at number).’. This statement shall be provided COLEMAN, Mr. CORNYN, Mrs. a total cost of two thousand five hundred immediately following the statement re- DOLE, Mr. GRAHAM, Mr. GRASS- ninety dollars and thirty-five cents quired by clause (ii)(I). A credit card issuer is LEY, Mr. HAGEL, Mrs. ($2,590.35). A two thousand five hundred dol- not required to provide this statement if the HUTCHISON, Mr. INHOFE, Mr. lar ($2,500) balance will take 30 years and 3 disclosure required by clause (ii)(II) has been KYL, Mr. MCCAIN, Mr. MCCON- months to pay off at a total cost of seven provided. thousand seven hundred thirty-three dollars ‘‘(II) The toll-free telephone number shall NELL, Mr. ROBERTS, Mr. SES- and forty-nine cents ($7,733.49). A five thou- be available between the hours of 8 a.m. and SIONS, Mr. SHELBY, Mr. THUNE, sand dollar ($5,000) balance will take 40 years 9 p.m., 7 days a week, and shall provide con- Mr. VOINOVICH, Mr. HATCH, and and 2 months to pay off at a total cost of six- sumers with the opportunity to speak with a Mr. NELSON of Nebraska): teen thousand three hundred five dollars and person, rather than a recording, from whom S. 2543. A bill to amend title 18, thirty-four cents ($16,305.34). This informa- the information described in subclause (I) United States Code, to prohibit taking tion is based on an annual percentage rate of may be obtained. minors across State lines in cir- 17 percent and a minimum payment of 2 per- ‘‘(III) The Federal Trade Commission shall cumvention of laws requiring the in- cent or ten dollars ($10), whichever is great- establish not later than 1 month after the er.’. In the alternative, a credit card issuer date of enactment of this paragraph a de- volvement of parents in abortion deci- may provide this information for the 3 speci- tailed table illustrating the approximate sions; to the Committee on the Judici- fied amounts at the annual percentage rate number of months that it would take and the ary. and required minimum payment that are ap- approximate total cost to repay an out- ∑ Mr. MCCAIN. Mr. President, today in plicable to the cardholder’s account. The standing balance if the consumer pays only Washington, DC, thousands of people of statement provided shall be immediately the required minimum monthly payments all ages are taking part in the annual preceded by the statement required by clause and if no other additional charges or fees are March for Life and staking a claim for (i). incurred on the account, such as additional the rights of the unborn. I commend ‘‘(bb) Instead of the information required extension of credit, voluntary credit insur- by item (aa), retail credit card issuers shall ance, late fees, or dishonored check fees by them and am in awe of their great dedi- provide a written 3-line statement to read, as assuming all of the following: cation to the cause of protecting life. I follows: ‘A two hundred fifty dollar ($250) ‘‘(aa) A significant number of different an- share their strong pro-life beliefs, and I balance will take 2 years and 8 months to nual percentage rates. am proud to be an original cosponsor of pay off at a total cost of three hundred twen- ‘‘(bb) A significant number of different ac- the Child Custody Protection Act that ty-five dollars and twenty-four cents count balances, with the difference between is being introduced today. ($325.24). A five hundred dollar ($500) balance sequential examples of balances being no This is one of the most important will take 4 years and 5 months to pay off at greater than $100. pieces of legislation to be introduced a total cost of seven hundred nine dollars ‘‘(cc) A significant number of different during this Congress, and for good rea- and ninety cents ($709.90). A seven hundred minimum payment amounts. fifty dollar ($750) balance will take 5 years ‘‘(dd) That only minimum monthly pay- son. While more than 20 States require and 5 months to pay off at a total cost of one ments are made and no additional charges or a minor to receive parental consent thousand ninety-four dollars and forty-nine fees are incurred on the account, such as ad- prior to obtaining an abortion, these cents ($1,094.49). This information is based on ditional extensions of credit, voluntary cred- laws are being violated. Today, minors, an annual percentage rate of 21 percent and it insurance, late fees, or dishonored check with the assistance of adults—who are a minimum payment of 5 percent or ten dol- fees. not their parents—are being trans- lars ($10), whichever is greater.’. In the alter- ‘‘(IV) A creditor that receives a request for ported across State lines to receive native, a retail credit card issuer may pro- information described in subclause (I) from a abortions without obtaining parental vide this information for the 3 specified cardholder through the toll-free telephone amounts at the annual percentage rate and number disclosed under subclause (I), or who consent. We need to end this cir- required minimum payment that are appli- is required to provide the information re- cumvention of State laws and, far more cable to the cardholder’s account. The state- quired by clause (ii)(II), may satisfy the importantly, the consequences such ac- ment provided shall be immediately preceded creditor’s obligation to disclose an estimate tions have on life.

VerDate Mar 15 2010 22:12 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00095 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JA8.REC S22JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S108 CONGRESSIONAL RECORD — SENATE January 22, 2008 This legislation would make it a Fed- Losing a job isn’t just losing a pay- should and the jobs simply aren’t eral offense to knowingly transport a check—it can mean losing the results there, we must stick together. We must minor across a State line for the pur- of years of hard work and sacrifice. take care of those who can’t find a job. pose of an abortion, in circumvention For too many families, losing a job But there’s another major reason to of a State’s parental consent or notifi- means losing health insurance. With- act. Economists agree that extending cation laws, unless it is needed to save out insurance, an unexpected hospital unemployment benefits is a powerful, the life of the minor. We have at- stay—from a broken leg or a cancer di- cost-effective way to deliver a boost to tempted to enact similar legislation in agnosis—means certain financial dis- the economy. The extension of benefits previous Congresses without success, aster. Mr. President, 77 percent of mid- puts money into the hands of those and it is critical that we do not allow dle class Americans do not have who need assistance the most and are opponents to further stall its enact- enough assets to pay essential expenses most likely to spend it immediately on ment. for 3 months. Without a paycheck, the basic essentials. This means money is I am and always have been pro-life, rising price of daily necessities—hous- flowing immediately to local busi- and my record during my tenure in ing, gasoline, and even groceries—be- nesses, which will in turn provide a fur- Congress reflects my strong belief that comes impossible to afford. ther economic boost. life is sacred. We must stand up for the Our unemployment insurance pro- Indeed, according to a report by rights of the unborn and do all that we gram is intended to help workers Mark Zandi of Moody’s, each dollar in- can to enact this important legisla- weather a job loss. Workers pay into vested in benefits to out-of-work Amer- tion.∑ the program throughout their careers. icans leads to a $1.73 increase in If they lose their jobs, they can collect growth—the most of any measure test- By Mr. KENNEDY (for himself, a benefit while they look for work. The ed. That compares with only pennies Mr. DODD, Mr. BINGAMAN, Mr. amounts are modest—typically less on the dollar for cuts in income tax HARKIN, Mr. REED, Mrs. CLIN- than half of a worker’s regular wages— rates or cuts in taxes on investments. The Congressional Budget Office TON, Mr. OBAMA, and Mr. but they help families to pay their agrees. Its report last week on short- BROWN): rent, keep the house warm, and put S. 2544. A bill to provide for a pro- term economic stimulus found that ex- food on the table. tending unemployment benefits is gram of temporary extended unemploy- In good economic times, such bene- among the most cost-effective, potent, ment compensation; to the Committee fits are enough to tide workers and temporary steps that Congress can on Finance. their families over for the few weeks it Mr. KENNEDY. Mr. President, it is take to jump-start our economy. takes to find a job. But these are not clear that our economy is going from This is a tried and true approach to good times. It is taking longer and bad to worse. Every day the headlines helping working families in economic longer for unemployed Americans to bring more bad news. Fuel prices are downturns. In each recession since the find new work. Over 1.3 million Ameri- going through the roof. Millions of late 1950s, Congress has extended un- cans have been looking for a job for 6 families are at risk of losing their employment benefits to those who have homes. Bankruptcies have risen by 40 months or more. As a result, an in- exhausted their benefits and can’t find percent in the last year alone. creasing number of workers have not work. It has often done so by over- Most alarming, we are seeing a dras- found a new job by the time their un- whelming, bipartisan votes. Layoffs tic rise in the number of Americans out employment benefits run out. Over the don’t discriminate by party. of work. In December, half a million past year, over 2.6 million Americans— Extending unemployment benefits is more Americans were unemployed than or 35 percent of all unemployed work- the right thing to do for the economy the month before. Today nearly 8 mil- ers—have exhausted their unemploy- and the fair thing to do for workers. I lion Americans are looking for a job ment benefits. Unless we respond soon, urge my colleagues to join me in help- and can’t find one. The national unem- these and other families will be left in ing out-of-work Americans and putting ployment rate has shot up to 5 per- the cold. our economy back on track. cent—the biggest increase since the So we must act, and we must act f now, to help these workers before fi- last recession. Experts say this number SUBMITTED RESOLUTIONS will rise well above 6 percent in 2009. nancial disaster strikes. That is why I Vulnerable parts of our population am introducing legislation today to have been hit even harder—last month, give workers the help they need and SENATE RESOLUTION 419—HON- 9 percent of African-American workers have earned. The Emergency Unem- ORING THE LIFE AND EXTRAOR- were unemployed, up sharply from 8.4 ployment Compensation Extension Act DINARY CONTRIBUTIONS OF percent in November. Latino workers will ensure that Americans who keep DIANE WOLF looking for work but can’t find a job now have an unemployment rate of 6 Mr. STEVENS (for himself, Mr. after 6 months will be eligible for up to percent. BYRD, and Mr. COLEMAN) submitted the What’s more, we are seeing a large 20 weeks of additional benefits. In very following resolution; which was consid- number of out-of-work Americans who high-unemployment States, workers ered and agreed to: could also receive up to 13 more weeks still can’t find a new job months later. S. RES. 419 of benefits. Because out-of-work fami- Nearly one out of five Americans who Whereas the Senate has heard with pro- is looking for work has been out of a lies are facing skyrocketing costs of found sorrow and deep regret of the untimely job for over 6 months—compared with gas, home heating, food, and housing, death of Diane Wolf, a member of the Senate roughly one out of ten in 2001, before long-term unemployed workers will Preservation Board of Trustees and a former the last recession. With only 4 million temporarily receive $50 extra each distinguished member of the United States job openings and nearly 8 million un- week to help pay their bills. Commission of Fine Arts; and employed Americans, there are two Providing this extension is a matter Whereas for over 2 decades Diane Wolf de- workers for every job. As unemploy- of fairness. We owe it to all workers voted extraordinary personal efforts to and ment rises, there will be even more who have lost their jobs in this strug- displayed great passion for the preservation gling economy to provide help while and restoration of the United States Capitol workers competing for each job. As Building, and was singularly instrumental in highlighted in yesterday’s front-page they look for new jobs. Out-of-work supporting and guiding the early efforts of article in the Washington Post, this Americans have worked hard all their the United States Capitol Preservation Com- problem is affecting workers across our lives. They have paid into the unem- mission and developing the plans for striking economy—even those with college edu- ployment insurance system with the the coins commemorating the Bicentennial cations and years of experience can’t promise they would receive its protec- of the United States Capitol: Now, therefore, find work. tion when our economy is in crisis. be it These aren’t just statistics. These Part of the American Dream is the op- Resolved, That the Senate— (1) honors the life and extraordinary con- numbers are coworkers, our relatives, portunity to work hard, provide for tributions of Diane Wolf; our neighbors. For each and every one your family, put your children through (2) conveys its sorrow and deepest condo- of those families, a pink slip can spell school, and save for retirement. When lences to the family of Diane Wolf on her un- economic disaster. the economy isn’t working the way it timely death; and

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(3) requests the Secretary of the Senate to DORGAN (for himself, Ms. MURKOWSKI, Mr. conflict with nearby Indian tribes, peaceful convey an enrolled copy of this resolution to BAUCUS, Mr. KENNEDY, Mr. SMITH, Mr. NEL- and mutually beneficial interactions also the family of Diane Wolf. SON of Nebraska, and Mr. SALAZAR) to the took place; f bill S. 1200, to amend the Indian Health Care (6) the foundational English settlements in Improvement Act to revise and extend the Jamestown, Virginia, and Plymouth, Massa- SENATE RESOLUTION 420— Act. chusetts, owed their survival in large meas- COMMENDING MARTIN P. PAONE SA 3894. Mr. BINGAMAN (for himself and ure to the compassion and aid of Native Peo- Mr. REID (for himself, Mr. Mr. THUNE) proposed an amendment to ples in the vicinities of the settlements; amendment SA 3899 proposed by Mr. DORGAN (7) in the infancy of the United States, the MCCONNELL, Mr. AKAKA, Mr. ALEX- (for himself, Ms. MURKOWSKI, Mr. BAUCUS, founders of the Republic expressed their de- ANDER, Mr. ALLARD, Mr. BARRASSO, Mr. Mr. KENNEDY, Mr. SMITH, Mr. NELSON of Ne- sire for a just relationship with the Indian BAUCUS, Mr. BAYH, Mr. BENNETT, Mr. braska, and Mr. SALAZAR) to the bill S. 1200, tribes, as evidenced by the Northwest Ordi- BIDEN, Mr. BINGAMAN, Mr. BOND, Mrs. supra. nance enacted by Congress in 1787, which be- BOXER, Mr. BROWN, Mr. BROWNBACK, SA 3895. Mr. VITTER submitted an amend- gins with the phrase, ‘‘The utmost good faith Mr. BUNNING, Mr. BURR, Mr. BYRD, Ms. ment intended to be proposed by him to the shall always be observed toward the Indi- CANTWELL, Mr. CARDIN, Mr. CARPER, bill S. 1200, supra; which was ordered to lie ans’’; on the table. Mr. CASEY, Mr. CHAMBLISS, Mrs. CLIN- (8) Indian tribes provided great assistance SA 3896. Mr. VITTER submitted an amend- TON, Mr. COBURN, Mr. COCHRAN, Mr. to the fledgling Republic as it strengthened ment intended to be proposed to amendment and grew, including invaluable help to COLEMAN, Ms. COLLINS, Mr. CONRAD, SA 3899 proposed by Mr. DORGAN (for himself, Meriwether Lewis and William Clark on Mr. CORKER, Mr. CORNYN, Mr. CRAIG, Ms. MURKOWSKI, Mr. BAUCUS, Mr. KENNEDY, their epic journey from St. Louis, Missouri, Mr. CRAPO, Mr. DEMINT, Mr. DODD, Mr. SMITH, Mr. NELSON of Nebraska, and Mr. to the Pacific Coast; Mrs. DOLE, Mr. DOMENICI, Mr. DORGAN, SALAZAR) to the bill S. 1200, supra. (9) Native Peoples and non-Native settlers Mr. DURBIN, Mr. ENSIGN, Mr. ENZI, Mr. SA 3897. Mr. SMITH (for himself, Ms. CANT- engaged in numerous armed conflicts; FEINGOLD, Mrs. FEINSTEIN, Mr. GRA- WELL, Mr. WYDEN, Mr. CRAPO, and Mrs. MUR- (10) the Federal Government violated many RAY) submitted an amendment intended to HAM, Mr. GRASSLEY, Mr. GREGG, Mr. of the treaties ratified by Congress and other be proposed by him to the bill S. 1200, supra; HAGEL, Mr. HARKIN, Mr. HATCH, Mrs. diplomatic agreements with Indian tribes; which was ordered to lie on the table. (11) the United States should address the HUTCHISON, Mr. INHOFE, Mr. INOUYE, SA 3898. Mr. BARRASSO submitted an broken treaties and many of the more ill- Mr. ISAKSON, Mr. JOHNSON, Mr. KEN- amendment intended to be proposed by him conceived Federal policies that followed, NEDY, Mr. KERRY, Ms. KLOBUCHAR, Mr. to the bill S. 1200, supra; which was ordered such as extermination, termination, forced KOHL, Mr. KYL, Ms. LANDRIEU, Mr. LAU- to lie on the table. removal and relocation, the outlawing of tra- TENBERG, Mr. LEAHY, Mr. LEVIN, Mr. SA 3899. Mr. DORGAN (for himself, Ms. ditional religions, and the destruction of sa- MURKOWSKI, Mr. BAUCUS, Mr. KENNEDY, Mr. LIEBERMAN, Mrs. LINCOLN, Mr. LUGAR, cred places; SMITH, Mr. NELSON of Nebraska, and Mr. Mr. MARTINEZ, Mr. MCCAIN, Mrs. (12) the United States forced Indian tribes SALAZAR) proposed an amendment to the bill MCCASKILL, Mr. MENENDEZ, Ms. MIKUL- and their citizens to move away from their S. 1200, supra. traditional homelands and onto federally es- SKI, Ms. MURKOWSKI, Mrs. MURRAY, Mr. SA 3900. Mr. SANDERS (for himself, Mr. tablished and controlled reservations, in ac- NELSON of Florida, Mr. NELSON of Ne- OBAMA, Ms. CANTWELL, Mr. KERRY, Ms. cordance with such Acts as the Act of May braska, Mr. OBAMA, Mr. PRYOR, Mr. SNOWE, Ms. COLLINS, Mr. SUNUNU, Mr. 28, 1830 (4 Stat. 411, chapter 148) (commonly REED, Mr. ROBERTS, Mr. ROCKEFELLER, MENENDEZ, Mr. LEAHY, Mrs. CLINTON, Mr. known as the ‘‘Indian Removal Act’’); Mr. SALAZAR, Mr. SANDERS, Mr. SCHU- KENNEDY, and Mr. DURBIN) proposed an (13) many Native Peoples suffered and per- amendment to amendment SA 3899 proposed MER, Mr. SESSIONS, Mr. SHELBY, Mr. ished— by Mr. DORGAN (for himself, Ms. MURKOWSKI, SMITH, Ms. SNOWE, Mr. SPECTER, Ms. (A) during the execution of the official Mr. BAUCUS, Mr. KENNEDY, Mr. SMITH, Mr. STABENOW, Mr. STEVENS, Mr. SUNUNU, Federal Government policy of forced re- NELSON of Nebraska, and Mr. SALAZAR) to moval, including the infamous Trail of Tears Mr. TESTER, Mr. THUNE, Mr. VITTER, the bill S. 1200, supra. and Long Walk; Mr. VOINOVICH, Mr. WARNER, Mr. WEBB, f (B) during bloody armed confrontations Mr. WHITEHOUSE, Mr. WICKER, and Mr. TEXT OF AMENDMENTS and massacres, such as the Sand Creek Mas- WYDEN) submitted the following reso- sacre in 1864 and the Wounded Knee Massacre lution; which was considered and SA 3893. Mr. BROWNBACK (for him- in 1890; and agreed to: self, Mr. DORGAN, Ms. CANTWELL, and (C) on numerous Indian reservations; S. RES. 420 Mr. INOUYE) submitted an amendment (14) the Federal Government condemned the traditions, beliefs, and customs of Native Whereas Marty Paone has faithfully served intended to be proposed to amendment Peoples and endeavored to assimilate them the Congress in various capacities over the SA 3899 proposed by Mr. DORGAN (for by such policies as the redistribution of land past 32 years, twenty-eight of which were himself, Ms. MURKOWSKI, Mr. BAUCUS, under the Act of February 8, 1887 (25 U.S.C. spent in service to the Senate; Mr. KENNEDY, Mr. SMITH, Mr. NELSON 331; 24 Stat. 388, chapter 119) (commonly Whereas Marty Paone is the first person to of Nebraska, and Mr. SALAZAR) to the known as the ‘‘General Allotment Act’’), and rise through the ranks of various positions— bill S. 1200, to amend the Indian Health the forcible removal of Native children from including Vehicular Placement Specialist— their families to faraway boarding schools to finally serve with distinction as Secretary Care Improvement Act to revise and where their Native practices and languages for the Minority, and concluding his Senate extend the Act; as follows: were degraded and forbidden; service as Secretary for the Majority; At the end, add the following: (15) officials of the Federal Government Whereas Marty Paone has at all times dis- TITLE III—MISCELLANEOUS and private United States citizens harmed charged the important duties and respon- SEC. 301. RESOLUTION OF APOLOGY TO NATIVE Native Peoples by the unlawful acquisition sibilities of his office with great efficiency, PEOPLES OF UNITED STATES. of recognized tribal land and the theft of dedication and diligence; (a) FINDINGS.—Congress finds that— tribal resources and assets from recognized Whereas his dedication, good humor, and (1) the ancestors of today’s Native Peoples tribal land; exceptional service have earned him the re- inhabited the land of the present-day United (16) the policies of the Federal Government spect and admiration of Democratic and Re- States since time immemorial and for thou- toward Indian tribes and the breaking of cov- publican Senators, as well as their staffs; sands of years before the arrival of people of enants with Indian tribes have contributed Now, therefore be it European descent; to the severe social ills and economic trou- Resolved, that the Senate expresses its ap- (2) for millennia, Native Peoples have hon- bles in many Native communities today; preciation to Marty Paone and commends ored, protected, and stewarded this land we (17) despite the wrongs committed against him for his lengthy, faithful and outstanding cherish; Native Peoples by the United States, Native service to the Senate. (3) Native Peoples are spiritual people with Peoples have remained committed to the The Secretary of the Senate shall transmit a deep and abiding belief in the Creator, and protection of this great land, as evidenced by a copy of this resolution to Martin P. Paone. for millennia Native Peoples have main- the fact that, on a per capita basis, more Na- f tained a powerful spiritual connection to tive Peoples have served in the United States AMENDMENTS SUBMITTED AND this land, as evidenced by their customs and Armed Forces and placed themselves in PROPOSED legends; harm’s way in defense of the United States (4) the arrival of Europeans in North Amer- in every major military conflict than any SA 3893. Mr. BROWNBACK (for himself, ica opened a new chapter in the history of other ethnic group; Mr. DORGAN, Ms. CANTWELL, and Mr. INOUYE) Native Peoples; (18) Indian tribes have actively influenced submitted an amendment intended to be pro- (5) while establishment of permanent Euro- the public life of the United States by con- posed to amendment SA 3899 proposed by Mr. pean settlements in North America did stir tinued cooperation with Congress and the

VerDate Mar 15 2010 22:12 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00097 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JA8.REC S22JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S110 CONGRESSIONAL RECORD — SENATE January 22, 2008 Department of the Interior, through the in- care participation agreements in effect (or Strike section 805 of the Indian Health volvement of Native individuals in official entered into) on or after the date that is 1 Care Improvement Act (as amended by sec- Federal Government positions, and by lead- year after the date of enactment of this Act. tion 101(a)) and insert the following: ership of their own sovereign Indian tribes; (b) ALL SUPPLIERS.— ‘‘SEC. 805. LIMITATION RELATING TO ABORTION. (19) Indian tribes are resilient and deter- (1) IN GENERAL.—Section 1834 of the Social ‘‘(a) DEFINITION OF HEALTH BENEFITS COV- mined to preserve, develop, and transmit to Security Act (42 U.S.C. 1395m) is amended by ERAGE.—In this section, the term ‘health future generations their unique cultural adding at the end the following new sub- benefits coverage’ means a health-related identities; section: service or group of services provided pursu- (20) the National Museum of the American ‘‘(n) LIMITATION ON CHARGES FOR CONTRACT ant to a contract, compact, grant, or other Indian was established within the Smithso- HEALTH SERVICES PROVIDED TO INDIANS BY agreement. nian Institution as a living memorial to Na- SUPPLIERS.—No payment may be made under ‘‘(b) LIMITATION.— tive Peoples and their traditions; and this title for an item or service furnished by ‘‘(1) IN GENERAL.—Except as provided in (21) Native Peoples are endowed by their a supplier (as defined in section 1861(d)) un- paragraph (2), no funds or facilities of the Creator with certain unalienable rights, and less the supplier agrees (pursuant to a proc- Service may be used— among those are life, liberty, and the pursuit ess established by the Secretary) to be a par- ‘‘(A) to provide any abortion; or of happiness. ticipating provider of medical care both— ‘‘(B) to provide, or pay any administrative (b) ACKNOWLEDGMENT AND APOLOGY.—The ‘‘(1) under the contract health services pro- cost of, any health benefits coverage that in- United States, acting through Congress— gram funded by the Indian Health Service cludes coverage of an abortion. (1) recognizes the special legal and polit- and operated by the Indian Health Service, ‘‘(2) EXCEPTIONS.—The limitation described ical relationship Indian tribes have with the an Indian Tribe, or Tribal Organization (as in paragraph (1) shall not apply in any case United States and the solemn covenant with those terms are defined in section 4 of the In- in which— the land we share; dian Health Care Improvement Act), with re- ‘‘(A) a pregnancy is the result of an act of (2) commends and honors Native Peoples spect to items and services that are covered rape, or an act of incest against a minor; or for the thousands of years that they have under such program and furnished to an indi- ‘‘(B) the woman suffers from a physical dis- stewarded and protected this land; vidual eligible for such items and services order, physical injury, or physical illness (3) recognizes that there have been years of under such program; and that, as certified by a physician, would place official depredations, ill-conceived policies, ‘‘(2) under any program funded by the In- the woman in danger of death unless an and the breaking of covenants by the Federal dian Health Service and operated by an abortion is performed, including a life-en- Government regarding Indian tribes; urban Indian Organization with respect to dangering physical condition caused by or (4) apologizes on behalf of the people of the the purchase of items and services for an eli- arising from the pregnancy itself.’’. United States to all Native Peoples for the gible Urban Indian (as those terms are de- many instances of violence, maltreatment, fined in such section 4), SA 3897. Mr. SMITH (for himself and and neglect inflicted on Native Peoples by Ms. CANTWELL, Mr. WYDEN, Mr. CRAPO, citizens of the United States; in accordance with regulations promulgated (5) expresses its regret for the ramifica- by the Secretary regarding payment method- and Mrs. MURRAY) submitted an tions of former wrongs and its commitment ology and rates of payment (including the amendment intended to be proposed by to build on the positive relationships of the acceptance of no more than such payment him to the bill S. 1200, to amend the In- past and present to move toward a brighter rate as payment in full for such items and dian Health Care Improvement Act to future where all the people of this land live services.’’. revise and extend the Act; which was (2) EFFECTIVE DATE.—The amendment reconciled as brothers and sisters, and har- ordered to lie on the table; as follows: moniously steward and protect this land to- made by paragraph (1) shall apply to items Strike subsection (f) of section 301 of the gether; and services furnished on or after the date Indian Health Care Improvement Act (as (6) urges the President to acknowledge the that is 1 year after the date of enactment of amended by section 101) and insert the fol- wrongs of the United States against Indian this Act. lowing: tribes in the history of the United States in ‘‘(f) DEVELOPMENT OF INNOVATIVE AP- order to bring healing to this land by pro- SA 3895. Mr. VITTER submitted an PROACHES.—The Secretary shall consult and viding a proper foundation for reconciliation amendment intended to be proposed by him to the bill S. 1200, to amend the In- cooperate with Indian Tribes and Tribal Or- between the United States and Indian tribes; ganizations, and confer with Urban Indian and dian Health Care Improvement Act to Organizations, in developing innovative ap- (7) commends the State governments that revise and extend the Act; which was proaches to address all or part of the total have begun reconciliation efforts with recog- ordered to lie on the table; as follows: unmet need for construction of health facili- nized Indian tribes located in their bound- At the end, add the following: ties, that may include— aries and encourages all State governments ‘‘(1) the establishment of an area distribu- TITLE III—ELECTION LAW similarly to work toward reconciling rela- tion fund in which a portion of health facil- tionships with Indian tribes within their SEC. 301. APPLICATION OF FECA TO INDIAN ity construction funding could be devoted to boundaries. TRIBES. all Service Areas; (c) DISCLAIMER.—Nothing in this section— (a) CONTRIBUTIONS AND EXPENDITURES BY ‘‘(2) approaches provided for in other provi- (1) authorizes or supports any claim CORPORATIONS.—Section 316 of the Federal sions of this title; and against the United States; or Election Campaign Act of 1971 (2 U.S.C. 441b) ‘‘(3) other approaches, as the Secretary de- (2) serves as a settlement of any claim is amended by adding at the end the fol- termines to be appropriate.’’. against the United States. lowing: ‘‘(d) TREATMENT OF INDIAN TRIBES AS COR- SA 3894. Mr. BINGAMAN (for himself SA 3898. Mr. BARRASSO submitted PORATIONS.— and Mr. THUNE) proposed an amend- an amendment intended to be proposed ‘‘(1) IN GENERAL.—In this section, the term by him to the bill S. 1200, to amend the ment to amendment SA 3899 proposed ‘corporation’ includes an unincorporated In- by Mr. DORGAN (for himself, Ms. MUR- dian tribe. Indian Health Care Improvement Act KOWSKI, Mr. BAUCUS, Mr. KENNEDY, Mr. ‘‘(2) TREATMENT OF MEMBERS AS STOCK- to revise and extend the Act; which SMITH, Mr. NELSON of Nebraska, and HOLDERS.—In applying this subsection, a was ordered to lie on the table; as fol- Mr. SALAZAR) to the bill S. 1200, to member of an unincorporated Indian tribe lows: amend the Indian Health Care Improve- shall be treated in the same manner as a The Indian Health Care Improvement Act ment Act to revise and extend the Act; stockholder of a corporation.’’. (as amended by section 101(a)) is amended— as follows: (b) EFFECTIVE DATE.—The amendment (1) by redesignating sections 816 and 817 as made by subsection (a) shall apply with re- At the end of title II, add the following: sections 817 and 818, respectively; and spect to any election that occurs on or after (2) by inserting after section 815 the fol- SEC. llll. LIMITATION ON CHARGES FOR CON- the date of enactment of this Act. TRACT HEALTH SERVICES PRO- lowing: VIDED TO INDIANS BY MEDICARE ‘‘SEC. 816. GAO REPORT ON COORDINATION OF PROVIDERS. SA 3896. Mr. VITTER submitted an SERVICES. (a) ALL PROVIDERS OF SERVICES.— amendment intended to be proposed to ‘‘(a) STUDY AND EVALUATION.—The Comp- (1) IN GENERAL.—Section 1866(a)(1)(U) of amendment SA 3899 proposed by Mr. troller General of the United States shall the Social Security Act (42 U.S.C. DORGAN (for himself, Ms. MURKOWSKI, conduct a study, and evaluate the effective- 1395cc(a)(1)(U)) is amended by striking ‘‘in Mr. BAUCUS, Mr. KENNEDY, Mr. SMITH, ness, of coordination of health care services the case of hospitals which furnish inpatient provided to Indians— Mr. NELSON of Nebraska, and Mr. SALA- hospital services for which payment may be ‘‘(1) through Medicare, Medicaid, or made under this title,’’ in the matter pre- ZAR) to the bill S. 1200, to amend the SCHIP; ceding clause (i). Indian Health Care Improvement Act ‘‘(2) by the Service; or (2) EFFECTIVE DATE.—The amendment to revise and extend the Act; as fol- ‘‘(3) using funds provided by— made by paragraph (1) shall apply to Medi- lows: ‘‘(A) State or local governments; or

VerDate Mar 15 2010 22:12 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00098 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JA8.REC S22JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 22, 2008 CONGRESSIONAL RECORD — SENATE S111 ‘‘(B) Indian Tribes. Sec. 210. Development of recommendations ‘‘Sec. 205. Shared services for long-term ‘‘(b) REPORT.—Not later than 18 months to improve interstate coordina- care. after the date of enactment of the Indian tion of Medicaid and CHIP cov- ‘‘Sec. 206. Health services research. Health Care Improvement Act Amendments erage of Indian children and ‘‘Sec. 207. Mammography and other cancer of 2007, the Comptroller General shall submit other children who are outside screening. to Congress a report— of their State of residency be- ‘‘Sec. 208. Patient travel costs. ‘‘(1) describing the results of the evalua- cause of educational or other ‘‘Sec. 209. Epidemiology centers. tion under subsection (a); and needs. ‘‘Sec. 210. Comprehensive school health edu- ‘‘(2) containing recommendations of the Sec. 211. Establishment of National Child cation programs. Comptroller General regarding measures to Welfare Resource Center for ‘‘Sec. 211. Indian youth program. support and increase coordination of the pro- Tribes. ‘‘Sec. 212. Prevention, control, and elimi- vision of health care services to Indians as Sec. 212. Adjustment to the Medicare Advan- nation of communicable and in- described in subsection (a).’’. tage stabilization fund. fectious diseases. ‘‘Sec. 213. Other authority for provision of TITLE I—AMENDMENTS TO INDIAN LAWS services. SA 3899. Mr. DORGAN (for himself, SEC. 101. INDIAN HEALTH CARE IMPROVEMENT ‘‘Sec. 214. Indian women’s health care. Ms. MURKOWSKI, Mr. BAUCUS, Mr. KEN- ACT AMENDED. ‘‘Sec. 215. Environmental and nuclear health NEDY, Mr. SMITH, Mr. NELSON of Ne- The Indian Health Care Improvement Act hazards. braska, and Mr. SALAZAR) proposed an (25 U.S.C. 1601 et seq.) is amended to read as ‘‘Sec. 216. Arizona as a contract health serv- amendment to the bill S. 1200, to follows: ice delivery area. amend the Indian Health Care Improve- ‘‘SECTION 1. SHORT TITLE; TABLE OF CONTENTS. ‘‘Sec. 216A. North Dakota and South Dakota ment Act to revise and extend the Act; ‘‘(a) SHORT TITLE.—This Act may be cited as contract health service de- as the ‘Indian Health Care Improvement livery area. as follows: Act’. ‘‘Sec. 217. California contract health serv- Strike all after the enacting clause and in- ‘‘(b) TABLE OF CONTENTS.—The table of ices program. sert the following: contents for this Act is as follows: ‘‘Sec. 218. California as a contract health SECTION 1. SHORT TITLE; TABLE OF CONTENTS. ‘‘Sec. 1. Short title; table of contents. service delivery area. (a) SHORT TITLE.—This Act may be cited as ‘‘Sec. 2. Findings. ‘‘Sec. 219. Contract health services for the the ‘‘Indian Health Care Improvement Act ‘‘Sec. 3. Declaration of national Indian Trenton service area. Amendments of 2008’’. health policy. ‘‘Sec. 220. Programs operated by Indian (b) TABLE OF CONTENTS.—The table of con- ‘‘Sec. 4. Definitions. Tribes and Tribal Organiza- tents of this Act is as follows: ‘‘TITLE I—INDIAN HEALTH, HUMAN tions. RESOURCES, AND DEVELOPMENT ‘‘Sec. 221. Licensing. Sec. 1. Short title; table of contents. ‘‘Sec. 222. Notification of provision of emer- TITLE I—AMENDMENTS TO INDIAN LAWS ‘‘Sec. 101. Purpose. gency contract health services. ‘‘Sec. 102. Health professions recruitment ‘‘Sec. 223. Prompt action on payment of Sec. 101. Indian Health Care Improvement program for Indians. Act amended. claims. ‘‘Sec. 103. Health professions preparatory ‘‘Sec. 224. Liability for payment. Sec. 102. Soboba sanitation facilities. scholarship program for Indi- Sec. 103. Native American Health and ‘‘Sec. 225. Office of Indian Men’s Health. ans. ‘‘Sec. 226. Authorization of appropriations. Wellness Foundation. ‘‘Sec. 104. Indian health professions scholar- ‘‘TITLE III—FACILITIES TITLE II—IMPROVEMENT OF INDIAN ships. HEALTH CARE PROVIDED UNDER THE ‘‘Sec. 105. American Indians Into Psy- ‘‘Sec. 301. Consultation; construction and SOCIAL SECURITY ACT chology Program. renovation of facilities; reports. ‘‘Sec. 302. Sanitation facilities. Sec. 201. Expansion of payments under Medi- ‘‘Sec. 106. Scholarship programs for Indian Tribes. ‘‘Sec. 303. Preference to Indians and Indian care, Medicaid, and SCHIP for firms. all covered services furnished ‘‘Sec. 107. Indian Health Service extern pro- grams. ‘‘Sec. 304. Expenditure of non-Service funds by Indian Health Programs. for renovation. Sec. 202. Increased outreach to Indians ‘‘Sec. 108. Continuing education allowances. ‘‘Sec. 109. Community Health Representa- ‘‘Sec. 305. Funding for the construction, ex- under Medicaid and SCHIP and tive Program. pansion, and modernization of improved cooperation in the ‘‘Sec. 110. Indian Health Service Loan Re- small ambulatory care facili- provision of items and services payment Program. ties. to Indians under Social Secu- ‘‘Sec. 111. Scholarship and Loan Repayment ‘‘Sec. 306. Indian health care delivery dem- rity Act health benefit pro- Recovery Fund. onstration projects. grams. ‘‘Sec. 112. Recruitment activities. ‘‘Sec. 307. Land transfer. Sec. 203. Additional provisions to increase ‘‘Sec. 113. Indian recruitment and retention ‘‘Sec. 308. Leases, contracts, and other outreach to, and enrollment of, program. agreements. Indians in SCHIP and Medicaid. ‘‘Sec. 114. Advanced training and research. ‘‘Sec. 309. Study on loans, loan guarantees, Sec. 204. Premiums and cost sharing protec- ‘‘Sec. 115. Quentin N. Burdick American In- and loan repayment. tions under Medicaid, eligi- dians Into Nursing Program. ‘‘Sec. 310. Tribal leasing. bility determinations under ‘‘Sec. 116. Tribal cultural orientation. ‘‘Sec. 311. Indian Health Service/tribal fa- Medicaid and SCHIP, and pro- ‘‘Sec. 117. INMED Program. cilities joint venture program. tection of certain Indian prop- ‘‘Sec. 118. Health training programs of com- ‘‘Sec. 312. Location of facilities. erty from Medicaid estate re- munity colleges. ‘‘Sec. 313. Maintenance and improvement of covery. ‘‘Sec. 119. Retention bonus. health care facilities. Sec. 205. Nondiscrimination in qualifica- ‘‘Sec. 120. Nursing residency program. ‘‘Sec. 314. Tribal management of Federally- tions for payment for services ‘‘Sec. 121. Community Health Aide Program. owned quarters. under Federal health care pro- ‘‘Sec. 122. Tribal Health Program adminis- ‘‘Sec. 315. Applicability of Buy American grams. tration. Act requirement. Sec. 206. Consultation on Medicaid, SCHIP, ‘‘Sec. 123. Health professional chronic short- ‘‘Sec. 316. Other funding for facilities. and other health care programs age demonstration programs. ‘‘Sec. 317. Authorization of appropriations. funded under the Social Secu- ‘‘Sec. 124. National Health Service Corps. ‘‘TITLE IV—ACCESS TO HEALTH rity Act involving Indian ‘‘Sec. 125. Substance abuse counselor edu- SERVICES Health Programs and Urban In- cational curricula demonstra- ‘‘Sec. 401. Treatment of payments under So- dian Organizations. tion programs. cial Security Act health bene- Sec. 207. Exclusion waiver authority for af- ‘‘Sec. 126. Behavioral health training and fits programs. fected Indian Health Programs community education pro- ‘‘Sec. 402. Grants to and contracts with the and safe harbor transactions grams. Service, Indian Tribes, Tribal under the Social Security Act. ‘‘Sec. 127. Authorization of appropriations. Organizations, and Urban In- Sec. 208. Rules applicable under Medicaid ‘‘TITLE II—HEALTH SERVICES dian Organizations to facilitate and SCHIP to managed care en- ‘‘Sec. 201. Indian Health Care Improvement outreach, enrollment, and cov- tities with respect to Indian en- Fund. erage of Indians under Social rollees and Indian health care ‘‘Sec. 202. Catastrophic Health Emergency Security Act health benefit providers and Indian managed Fund. programs and other health ben- care entities. ‘‘Sec. 203. Health promotion and disease pre- efits programs. Sec. 209. Annual report on Indians served by vention services. ‘‘Sec. 403. Reimbursement from certain Social Security Act health ben- ‘‘Sec. 204. Diabetes prevention, treatment, third parties of costs of health efit programs. and control. services.

VerDate Mar 15 2010 22:12 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00099 Fmt 4624 Sfmt 0655 E:\2008SENATE\S22JA8.REC S22JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S112 CONGRESSIONAL RECORD — SENATE January 22, 2008 ‘‘Sec. 404. Crediting of reimbursements. ‘‘Sec. 707. Indian youth program. ‘‘(3) to ensure maximum Indian participa- ‘‘Sec. 405. Purchasing health care coverage. ‘‘Sec. 708. Indian youth telemental health tion in the direction of health care services ‘‘Sec. 406. Sharing arrangements with Fed- demonstration project. so as to render the persons administering eral agencies. ‘‘Sec. 709. Inpatient and community-based such services and the services themselves ‘‘Sec. 407. Eligible Indian veteran services. mental health facilities design, more responsive to the needs and desires of ‘‘Sec. 408. Payor of last resort. construction, and staffing. Indian communities; ‘‘Sec. 409. Nondiscrimination under Federal ‘‘Sec. 710. Training and community edu- ‘‘(4) to increase the proportion of all de- health care programs in quali- cation. grees in the health professions and allied and fications for reimbursement for ‘‘Sec. 711. Behavioral health program. associated health professions awarded to In- services. ‘‘Sec. 712. Fetal alcohol spectrum disorders dians so that the proportion of Indian health ‘‘Sec. 410. Consultation. programs. professionals in each Service Area is raised ‘‘Sec. 411. State Children’s Health Insurance ‘‘Sec. 713. Child sexual abuse and prevention to at least the level of that of the general Program (SCHIP). treatment programs. population; ‘‘Sec. 412. Exclusion waiver authority for af- ‘‘Sec. 714. Domestic and sexual violence pre- ‘‘(5) to require that all actions under this fected Indian Health Programs vention and treatment. Act shall be carried out with active and and safe harbor transactions ‘‘Sec. 715. Behavioral health research. meaningful consultation with Indian Tribes under the Social Security Act. ‘‘Sec. 716. Definitions. and Tribal Organizations, and conference ‘‘Sec. 413. Premium and cost sharing protec- ‘‘Sec. 717. Authorization of appropriations. with Urban Indian Organizations, to imple- tions and eligibility determina- ‘‘TITLE VIII—MISCELLANEOUS ment this Act and the national policy of In- tions under Medicaid and ‘‘Sec. 801. Reports. dian self-determination; SCHIP and protection of cer- ‘‘Sec. 802. Regulations. ‘‘(6) to ensure that the United States and tain Indian property from Med- ‘‘Sec. 803. Plan of implementation. Indian Tribes work in a government-to-gov- icaid estate recovery. ‘‘Sec. 804. Availability of funds. ‘‘Sec. 414. Treatment under Medicaid and ernment relationship to ensure quality ‘‘Sec. 805. Limitations. SCHIP managed care. health care for all tribal members; and ‘‘Sec. 806. Eligibility of California Indians. ‘‘Sec. 415. Navajo Nation Medicaid Agency ‘‘(7) to provide funding for programs and ‘‘Sec. 807. Health services for ineligible per- feasibility study. facilities operated by Indian Tribes and Trib- sons. ‘‘Sec. 416. General exceptions. al Organizations in amounts that are not ‘‘Sec. 808. Reallocation of base resources. ‘‘Sec. 417. Authorization of appropriations. less than the amounts provided to programs ‘‘Sec. 809. Results of demonstration projects. and facilities operated directly by the Serv- ‘‘TITLE V—HEALTH SERVICES FOR ‘‘Sec. 810. Provision of services in Montana. ice. URBAN INDIANS ‘‘Sec. 811. Tribal employment. ‘‘Sec. 501. Purpose. ‘‘Sec. 812. Severability provisions. ‘‘SEC. 4. DEFINITIONS. ‘‘Sec. 502. Contracts with, and grants to, ‘‘Sec. 813. Establishment of National Bipar- ‘‘For purposes of this Act: Urban Indian Organizations. tisan Commission on Indian ‘‘(1) The term ‘accredited and accessible’ ‘‘Sec. 503. Contracts and grants for the pro- Health Care. means on or near a reservation and accred- vision of health care and refer- ‘‘Sec. 814. Confidentiality of medical quality ited by a national or regional organization ral services. assurance records; qualified im- with accrediting authority. ‘‘Sec. 504. Contracts and grants for the de- munity for participants. ‘‘(2) The term ‘Area Office’ means an ad- termination of unmet health ‘‘Sec. 815. Appropriations; availability. ministrative entity, including a program of- care needs. ‘‘Sec. 816. Authorization of appropriations. fice, within the Service through which serv- ‘‘Sec. 505. Evaluations; renewals. ‘‘SEC. 2. FINDINGS. ices and funds are provided to the Service ‘‘Sec. 506. Other contract and grant require- ‘‘Congress makes the following findings: Units within a defined geographic area. ments. ‘‘(1) Federal health services to maintain ‘‘(3)(A) The term ‘behavioral health’ means ‘‘Sec. 507. Reports and records. and improve the health of the Indians are the blending of substance (alcohol, drugs, ‘‘Sec. 508. Limitation on contract authority. consonant with and required by the Federal inhalants, and tobacco) abuse and mental ‘‘Sec. 509. Facilities. Government’s historical and unique legal re- health prevention and treatment, for the ‘‘Sec. 510. Division of Urban Indian Health. lationship with, and resulting responsibility purpose of providing comprehensive services. ‘‘Sec. 511. Grants for alcohol and substance to, the American Indian people. ‘‘(B) The term ‘behavioral health’ includes abuse-related services. ‘‘(2) A major national goal of the United the joint development of substance abuse ‘‘Sec. 512. Treatment of certain demonstra- States is to provide the resources, processes, and mental health treatment planning and tion projects. and structure that will enable Indian Tribes coordinated case management using a multi- ‘‘Sec. 513. Urban NIAAA transferred pro- and tribal members to obtain the quantity disciplinary approach. grams. and quality of health care services and op- ‘‘Sec. 514. Conferring with Urban Indian Or- ‘‘(4) The term ‘California Indians’ means portunities that will eradicate the health ganizations. those Indians who are eligible for health disparities between Indians and the general ‘‘Sec. 515. Urban youth treatment center services of the Service pursuant to section population of the United States. demonstration. 806. ‘‘(3) A major national goal of the United ‘‘Sec. 516. Grants for diabetes prevention, ‘‘(5) The term ‘community college’ States is to provide the quantity and quality treatment, and control. means— of health services which will permit the ‘‘Sec. 517. Community Health Representa- ‘‘(A) a tribal college or university, or health status of Indians to be raised to the tives. ‘‘(B) a junior or community college. ‘‘Sec. 518. Effective date. highest possible level and to encourage the ‘‘(6) The term ‘contract health service’ ‘‘Sec. 519. Eligibility for services. maximum participation of Indians in the means health services provided at the ex- ‘‘Sec. 520. Authorization of appropriations. planning and management of those services. pense of the Service or a Tribal Health Pro- ‘‘(4) Federal health services to Indians gram by public or private medical providers ‘‘TITLE VI—ORGANIZATIONAL have resulted in a reduction in the preva- or hospitals, other than the Service Unit or IMPROVEMENTS lence and incidence of preventable illnesses the Tribal Health Program at whose expense ‘‘Sec. 601. Establishment of the Indian among, and unnecessary and premature the services are provided. Health Service as an agency of deaths of, Indians. ‘‘(7) The term ‘Department’ means, unless the Public Health Service. ‘‘(5) Despite such services, the unmet otherwise designated, the Department of ‘‘Sec. 602. Automated management informa- health needs of the American Indian people Health and Human Services. tion system. are severe and the health status of the Indi- ‘‘(8) The term ‘Director’ means the Direc- ‘‘Sec. 603. Authorization of appropriations. ans is far below that of the general popu- tor of the Service. ‘‘TITLE VII—BEHAVIORAL HEALTH lation of the United States. ‘‘(9) The term ‘disease prevention’ means PROGRAMS ‘‘SEC. 3. DECLARATION OF NATIONAL INDIAN the reduction, limitation, and prevention of ‘‘Sec. 701. Behavioral health prevention and HEALTH POLICY. disease and its complications and reduction treatment services. ‘‘Congress declares that it is the policy of in the consequences of disease, including— ‘‘Sec. 702. Memoranda of agreement with the this Nation, in fulfillment of its special trust ‘‘(A) controlling— Department of the Interior. responsibilities and legal obligations to Indi- ‘‘(i) the development of diabetes; ‘‘Sec. 703. Comprehensive behavioral health ans— ‘‘(ii) high blood pressure; prevention and treatment pro- ‘‘(1) to assure the highest possible health ‘‘(iii) infectious agents; gram. status for Indians and Urban Indians and to ‘‘(iv) injuries; ‘‘Sec. 704. Mental health technician pro- provide all resources necessary to effect that ‘‘(v) occupational hazards and disabilities; gram. policy; ‘‘(vi) sexually transmittable diseases; and ‘‘Sec. 705. Licensing requirement for mental ‘‘(2) to raise the health status of Indians ‘‘(vii) toxic agents; and health care workers. and Urban Indians to at least the levels set ‘‘(B) providing— ‘‘Sec. 706. Indian women treatment pro- forth in the goals contained within the ‘‘(i) fluoridation of water; and grams. Healthy People 2010 or successor objectives; ‘‘(ii) immunizations.

VerDate Mar 15 2010 22:12 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00100 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JA8.REC S22JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 22, 2008 CONGRESSIONAL RECORD — SENATE S113 ‘‘(10) The term ‘health profession’ means group of Indians, including those tribes, and who meets 1 or more of the following cri- allopathic medicine, family medicine, inter- bands, or groups terminated since 1940 and teria: nal medicine, pediatrics, geriatric medicine, those recognized now or in the future by the ‘‘(A) Irrespective of whether the individual obstetrics and gynecology, podiatric medi- State in which they reside; or lives on or near a reservation, the individual cine, nursing, public health nursing, den- ‘‘(ii) is a descendant, in the first or second is a member of a tribe, band, or other orga- tistry, psychiatry, osteopathy, optometry, degree, of any such member; nized group of Indians, including those pharmacy, psychology, public health, social ‘‘(B) is an Eskimo or Aleut or other Alaska tribes, bands, or groups terminated since 1940 work, marriage and family therapy, chiro- Native; and those tribes, bands, or groups that are practic medicine, environmental health and ‘‘(C) is considered by the Secretary of the recognized by the States in which they re- engineering, allied health professions, and Interior to be an Indian for any purpose; or side, or who is a descendant in the first or any other health profession. ‘‘(D) is determined to be an Indian under second degree of any such member. ‘‘(11) The term ‘health promotion’ means— regulations promulgated by the Secretary. ‘‘(B) The individual is an Eskimo, Aleut, or ‘‘(A) fostering social, economic, environ- ‘‘(13) The term ‘Indian Health Program’ other Alaska Native. mental, and personal factors conducive to means— ‘‘(C) The individual is considered by the health, including raising public awareness ‘‘(A) any health program administered di- Secretary of the Interior to be an Indian for about health matters and enabling the peo- rectly by the Service; any purpose. ple to cope with health problems by increas- ‘‘(B) any Tribal Health Program; or ‘‘(D) The individual is determined to be an ing their knowledge and providing them with ‘‘(C) any Indian Tribe or Tribal Organiza- Indian under regulations promulgated by the valid information; tion to which the Secretary provides funding Secretary. ‘‘(B) encouraging adequate and appropriate pursuant to section 23 of the Act of June 25, ‘‘(28) The term ‘Urban Indian Organization’ diet, exercise, and sleep; 1910 (25 U.S.C. 47) (commonly known as the means a nonprofit corporate body that (A) is ‘‘(C) promoting education and work in con- ‘Buy Indian Act’). situated in an Urban Center; (B) is governed formity with physical and mental capacity; ‘‘(14) The term ‘Indian Tribe’ has the by an Urban Indian-controlled board of direc- ‘‘(D) making available safe water and sani- meaning given the term in the Indian Self- tors; (C) provides for the participation of all tary facilities; Determination and Education Assistance Act interested Indian groups and individuals; and ‘‘(E) improving the physical, economic, (25 U.S.C. 450 et seq.). (D) is capable of legally cooperating with cultural, psychological, and social environ- ‘‘(15) The term ‘junior or community col- other public and private entities for the pur- ment; lege’ has the meaning given the term by sec- pose of performing the activities described in ‘‘(F) promoting culturally competent care; tion 312(e) of the Higher Education Act of section 503(a). and 1965 (20 U.S.C. 1058(e)). ‘‘(G) providing adequate and appropriate ‘‘(16) The term ‘reservation’ means any fed- ‘‘TITLE I—INDIAN HEALTH, HUMAN programs, which may include— erally recognized Indian Tribe’s reservation, RESOURCES, AND DEVELOPMENT ‘‘(i) abuse prevention (mental and phys- Pueblo, or colony, including former reserva- ‘‘SEC. 101. PURPOSE. ical); tions in Oklahoma, Indian allotments, and ‘‘The purpose of this title is to increase, to ‘‘(ii) community health; Alaska Native Regions established pursuant the maximum extent feasible, the number of ‘‘(iii) community safety; to the Alaska Native Claims Settlement Act Indians entering the health professions and ‘‘(iv) consumer health education; (43 U.S.C. 1601 et seq.). providing health services, and to assure an ‘‘(v) diet and nutrition; ‘‘(17) The term ‘Secretary’, unless other- optimum supply of health professionals to ‘‘(vi) immunization and other prevention of wise designated, means the Secretary of the Indian Health Programs and Urban In- communicable diseases, including HIV/AIDS; Health and Human Services. dian Organizations involved in the provision ‘‘(vii) environmental health; ‘‘(18) The term ‘Service’ means the Indian of health services to Indians. ‘‘(viii) exercise and physical fitness; Health Service. ‘‘SEC. 102. HEALTH PROFESSIONS RECRUITMENT ‘‘(ix) avoidance of fetal alcohol spectrum ‘‘(19) The term ‘Service Area’ means the PROGRAM FOR INDIANS. disorders; geographical area served by each Area Of- ‘‘(a) IN GENERAL.—The Secretary, acting ‘‘(x) first aid and CPR education; fice. through the Service, shall make grants to ‘‘(xi) human growth and development; ‘‘(20) The term ‘Service Unit’ means an ad- public or nonprofit private health or edu- ‘‘(xii) injury prevention and personal safe- ministrative entity of the Service, or a Trib- cational entities, Tribal Health Programs, or ty; al Health Program through which services Urban Indian Organizations to assist such ‘‘(xiii) behavioral health; are provided, directly or by contract, to eli- entities in meeting the costs of— ‘‘(xiv) monitoring of disease indicators be- gible Indians within a defined geographic ‘‘(1) identifying Indians with a potential tween health care provider visits, through area. for education or training in the health pro- appropriate means, including Internet-based ‘‘(21) The term ‘telehealth’ has the mean- fessions and encouraging and assisting health care management systems; ing given the term in section 330K(a) of the them— ‘‘(xv) personal health and wellness prac- Public Health Service Act (42 U.S.C. 254c– ‘‘(A) to enroll in courses of study in such tices; 16(a)). health professions; or ‘‘(xvi) personal capacity building; ‘‘(22) The term ‘telemedicine’ means a tele- ‘‘(B) if they are not qualified to enroll in ‘‘(xvii) prenatal, pregnancy, and infant communications link to an end user through any such courses of study, to undertake such care; the use of eligible equipment that electroni- postsecondary education or training as may ‘‘(xviii) psychological well-being; cally links health professionals or patients be required to qualify them for enrollment; ‘‘(xix) family planning; and health professionals at separate sites in ‘‘(2) publicizing existing sources of finan- ‘‘(xx) safe and adequate water; order to exchange health care information in cial aid available to Indians enrolled in any ‘‘(xxi) healthy work environments; audio, video, graphic, or other format for the course of study referred to in paragraph (1) ‘‘(xxii) elimination, reduction, and preven- purpose of providing improved health care or who are undertaking training necessary tion of contaminants that create unhealthy services. to qualify them to enroll in any such course household conditions (including mold and ‘‘(23) The term ‘tribal college or university’ of study; or other allergens); has the meaning given the term in section ‘‘(3) establishing other programs which the ‘‘(xxiii) stress control; 316(b)(3) of the Higher Education Act (20 Secretary determines will enhance and fa- ‘‘(xxiv) substance abuse; U.S.C. 1059c(b)(3)). cilitate the enrollment of Indians in, and the ‘‘(xxv) sanitary facilities; ‘‘(24) The term ‘Tribal Health Program’ subsequent pursuit and completion by them ‘‘(xxvi) sudden infant death syndrome pre- means an Indian Tribe or Tribal Organiza- of, courses of study referred to in paragraph vention; tion that operates any health program, serv- (1). ‘‘(xxvii) tobacco use cessation and reduc- ice, function, activity, or facility funded, in ‘‘(b) GRANTS.— tion; whole or part, by the Service through, or ‘‘(1) APPLICATION.—The Secretary shall not ‘‘(xxviii) violence prevention; and provided for in, a contract or compact with make a grant under this section unless an ‘‘(xxix) such other activities identified by the Service under the Indian Self-Determina- application has been submitted to, and ap- the Service, a Tribal Health Program, or an tion and Education Assistance Act (25 U.S.C. proved by, the Secretary. Such application Urban Indian Organization, to promote 450 et seq.). shall be in such form, submitted in such achievement of any of the objectives de- ‘‘(25) The term ‘Tribal Organization’ has manner, and contain such information, as scribed in section 3(2). the meaning given the term in the Indian the Secretary shall by regulation prescribe ‘‘(12) The term ‘Indian’, unless otherwise Self-Determination and Education Assist- pursuant to this Act. The Secretary shall designated, means any person who is a mem- ance Act (25 U.S.C. 450 et seq.). give a preference to applications submitted ber of an Indian Tribe or is eligible for ‘‘(26) The term ‘Urban Center’ means any by Tribal Health Programs or Urban Indian health services under section 806, except community which has a sufficient Urban In- Organizations. that, for the purpose of sections 102 and 103, dian population with unmet health needs to ‘‘(2) AMOUNT OF GRANTS; PAYMENT.—The the term also means any individual who— warrant assistance under title V of this Act, amount of a grant under this section shall be ‘‘(A)(i) irrespective of whether the indi- as determined by the Secretary. determined by the Secretary. Payments pur- vidual lives on or near a reservation, is a ‘‘(27) The term ‘Urban Indian’ means any suant to this section may be made in ad- member of a tribe, band, or other organized individual who resides in an Urban Center vance or by way of reimbursement, and at

VerDate Mar 15 2010 22:12 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00101 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JA8.REC S22JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S114 CONGRESSIONAL RECORD — SENATE January 22, 2008 such intervals and on such conditions as pro- is greater, by service in 1 or more of the fol- the Secretary) based on the number of hours vided for in regulations issued pursuant to lowing: such student is enrolled. this Act. To the extent not otherwise prohib- ‘‘(A) In an Indian Health Program. ‘‘(d) BREACH OF CONTRACT.— ited by law, grants shall be for 3 years, as ‘‘(B) In a program assisted under title V of ‘‘(1) SPECIFIED BREACHES.—An individual provided in regulations issued pursuant to this Act. shall be liable to the United States for the this Act. ‘‘(C) In the private practice of the applica- amount which has been paid to the indi- ‘‘SEC. 103. HEALTH PROFESSIONS PREPARATORY ble profession if, as determined by the Sec- vidual, or on behalf of the individual, under SCHOLARSHIP PROGRAM FOR INDI- retary, in accordance with guidelines pro- a contract entered into with the Secretary ANS. mulgated by the Secretary, such practice is under this section on or after the date of en- ‘‘(a) SCHOLARSHIPS AUTHORIZED.—The Sec- situated in a physician or other health pro- actment of the Indian Health Care Improve- retary, acting through the Service, shall pro- fessional shortage area and addresses the ment Act Amendments of 2008 if that indi- vide scholarship grants to Indians who— health care needs of a substantial number of vidual— ‘‘(1) have successfully completed their high Indians. ‘‘(A) fails to maintain an acceptable level school education or high school equivalency; ‘‘(D) In a teaching capacity in a tribal col- of academic standing in the educational in- and lege or university nursing program (or a re- stitution in which he or she is enrolled (such ‘‘(2) have demonstrated the potential to lated health profession program) if, as deter- level determined by the educational institu- successfully complete courses of study in the mined by the Secretary, the health service tion under regulations of the Secretary); health professions. provided to Indians would not decrease. ‘‘(B) is dismissed from such educational in- ‘‘(b) PURPOSES.—Scholarship grants pro- ‘‘(2) OBLIGATION DEFERRED.—At the request stitution for disciplinary reasons; vided pursuant to this section shall be for of any individual who has entered into a con- ‘‘(C) voluntarily terminates the training in the following purposes: tract referred to in paragraph (1) and who re- such an educational institution for which he ‘‘(1) Compensatory preprofessional edu- ceives a degree in medicine (including osteo- or she is provided a scholarship under such cation of any recipient, such scholarship not pathic or allopathic medicine), dentistry, op- contract before the completion of such train- to exceed 2 years on a full-time basis (or the tometry, podiatry, or pharmacy, the Sec- ing; or part-time equivalent thereof, as determined retary shall defer the active duty service ob- by the Secretary pursuant to regulations ligation of that individual under that con- ‘‘(D) fails to accept payment, or instructs issued under this Act). tract, in order that such individual may the educational institution in which he or ‘‘(2) Pregraduate education of any recipi- complete any internship, residency, or other she is enrolled not to accept payment, in ent leading to a baccalaureate degree in an advanced clinical training that is required whole or in part, of a scholarship under such approved course of study preparatory to a for the practice of that health profession, for contract, in lieu of any service obligation field of study in a health profession, such an appropriate period (in years, as deter- arising under such contract. scholarship not to exceed 4 years. An exten- mined by the Secretary), subject to the fol- ‘‘(2) OTHER BREACHES.—If for any reason sion of up to 2 years (or the part-time equiv- lowing conditions: not specified in paragraph (1) an individual alent thereof, as determined by the Sec- ‘‘(A) No period of internship, residency, or breaches a written contract by failing either retary pursuant to regulations issued pursu- other advanced clinical training shall be to begin such individual’s service obligation ant to this Act) may be approved. counted as satisfying any period of obligated required under such contract or to complete ‘‘(c) OTHER CONDITIONS.—Scholarships service under this subsection. such service obligation, the United States under this section— ‘‘(B) The active duty service obligation of shall be entitled to recover from the indi- ‘‘(1) may cover costs of tuition, books, that individual shall commence not later vidual an amount determined in accordance transportation, board, and other necessary than 90 days after the completion of that ad- with the formula specified in subsection (l) related expenses of a recipient while attend- vanced clinical training (or by a date speci- of section 110 in the manner provided for in ing school; fied by the Secretary). such subsection. ‘‘(2) shall not be denied solely on the basis ‘‘(C) The active duty service obligation ‘‘(3) CANCELLATION UPON DEATH OF RECIPI- of the applicant’s scholastic achievement if will be served in the health profession of ENT.—Upon the death of an individual who such applicant has been admitted to, or that individual in a manner consistent with receives an Indian Health Scholarship, any maintained good standing at, an accredited paragraph (1). outstanding obligation of that individual for institution; and ‘‘(D) A recipient of a scholarship under this service or payment that relates to that ‘‘(3) shall not be denied solely by reason of section may, at the election of the recipient, scholarship shall be canceled. such applicant’s eligibility for assistance or meet the active duty service obligation de- ‘‘(4) WAIVERS AND SUSPENSIONS.— benefits under any other Federal program. scribed in paragraph (1) by service in a pro- ‘‘(A) IN GENERAL.—The Secretary shall pro- ‘‘SEC. 104. INDIAN HEALTH PROFESSIONS SCHOL- gram specified under that paragraph that— vide for the partial or total waiver or suspen- ARSHIPS. ‘‘(i) is located on the reservation of the In- sion of any obligation of service or payment ‘‘(a) IN GENERAL.— dian Tribe in which the recipient is enrolled; of a recipient of an Indian Health Scholar- ‘‘(1) AUTHORITY.—The Secretary, acting or ship if the Secretary determines that— through the Service, shall make scholarship ‘‘(ii) serves the Indian Tribe in which the ‘‘(i) it is not possible for the recipient to grants to Indians who are enrolled full or recipient is enrolled. meet that obligation or make that payment; part time in accredited schools pursuing ‘‘(3) PRIORITY WHEN MAKING ASSIGNMENTS.— ‘‘(ii) requiring that recipient to meet that courses of study in the health professions. Subject to paragraph (2), the Secretary, in obligation or make that payment would re- Such scholarships shall be designated Indian making assignments of Indian Health Schol- sult in extreme hardship to the recipient; or Health Scholarships and shall be made in ac- arship recipients required to meet the active ‘‘(iii) the enforcement of the requirement cordance with section 338A of the Public duty service obligation described in para- to meet the obligation or make the payment Health Services Act (42 U.S.C. 254l), except as graph (1), shall give priority to assigning in- would be unconscionable. provided in subsection (b) of this section. dividuals to service in those programs speci- ‘‘(B) FACTORS FOR CONSIDERATION.—Before ‘‘(2) DETERMINATIONS BY SECRETARY.—The fied in paragraph (1) that have a need for waiving or suspending an obligation of serv- Secretary, acting through the Service, shall health professionals to provide health care ice or payment under subparagraph (A), the determine— services as a result of individuals having Secretary shall consult with the affected ‘‘(A) who shall receive scholarship grants breached contracts entered into under this Area Office, Indian Tribes, or Tribal Organi- under subsection (a); and section. zations, or confer with the affected Urban In- ‘‘(B) the distribution of the scholarships ‘‘(c) PART-TIME STUDENTS.—In the case of dian Organizations, and may take into con- among health professions on the basis of the an individual receiving a scholarship under sideration whether the obligation may be relative needs of Indians for additional serv- this section who is enrolled part time in an satisfied in a teaching capacity at a tribal ice in the health professions. approved course of study— college or university nursing program under ‘‘(3) CERTAIN DELEGATION NOT ALLOWED.— ‘‘(1) such scholarship shall be for a period subsection (b)(1)(D). The administration of this section shall be a of years not to exceed the part-time equiva- ‘‘(5) EXTREME HARDSHIP.—Notwithstanding responsibility of the Director and shall not lent of 4 years, as determined by the Sec- any other provision of law, in any case of ex- be delegated in a contract or compact under retary; treme hardship or for other good cause the Indian Self-Determination and Edu- ‘‘(2) the period of obligated service de- shown, the Secretary may waive, in whole or cation Assistance Act (25 U.S.C. 450 et seq.). scribed in subsection (b)(1) shall be equal to in part, the right of the United States to re- ‘‘(b) ACTIVE DUTY SERVICE OBLIGATION.— the greater of— cover funds made available under this sec- ‘‘(1) OBLIGATION MET.—The active duty ‘‘(A) the part-time equivalent of 1 year for tion. service obligation under a written contract each year for which the individual was pro- ‘‘(6) BANKRUPTCY.—Notwithstanding any with the Secretary under this section that vided a scholarship (as determined by the other provision of law, with respect to a re- an Indian has entered into shall, if that indi- Secretary); or cipient of an Indian Health Scholarship, no vidual is a recipient of an Indian Health ‘‘(B) 2 years; and obligation for payment may be released by a Scholarship, be met in full-time practice ‘‘(3) the amount of the monthly stipend discharge in bankruptcy under title 11, equal to 1 year for each school year for specified in section 338A(g)(1)(B) of the Pub- United States Code, unless that discharge is which the participant receives a scholarship lic Health Service Act (42 U.S.C. 254l(g)(1)(B)) granted after the expiration of the 5-year pe- award under this part, or 2 years, whichever shall be reduced pro rata (as determined by riod beginning on the initial date on which

VerDate Mar 15 2010 22:12 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00102 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JA8.REC S22JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 22, 2008 CONGRESSIONAL RECORD — SENATE S115 that payment is due, and only if the bank- ‘‘SEC. 106. SCHOLARSHIP PROGRAMS FOR INDIAN ‘‘(D) require the recipient of such scholar- ruptcy court finds that the nondischarge of TRIBES. ship to meet the educational and licensure the obligation would be unconscionable. ‘‘(a) IN GENERAL.— requirements appropriate to each health pro- ‘‘SEC. 105. AMERICAN INDIANS INTO PSY- ‘‘(1) GRANTS AUTHORIZED.—The Secretary, fession. CHOLOGY PROGRAM. acting through the Service, shall make ‘‘(3) SERVICE IN OTHER SERVICE AREAS.—The ‘‘(a) GRANTS AUTHORIZED.—The Secretary, grants to Tribal Health Programs for the contract may allow the recipient to serve in acting through the Service, shall make purpose of providing scholarships for Indians another Service Area, provided the Tribal grants of not more than $300,000 to each of 9 to serve as health professionals in Indian Health Program and Secretary approve and colleges and universities for the purpose of communities. services are not diminished to Indians in the developing and maintaining Indian psy- ‘‘(2) AMOUNT.—Amounts available under Service Area where the Tribal Health Pro- chology career recruitment programs as a paragraph (1) for any fiscal year shall not ex- gram providing the scholarship is located. means of encouraging Indians to enter the ceed 5 percent of the amounts available for ‘‘(e) BREACH OF CONTRACT.— behavioral health field. These programs shall each fiscal year for Indian Health Scholar- ‘‘(1) SPECIFIC BREACHES.—An individual be located at various locations throughout ships under section 104. who has entered into a written contract with the country to maximize their availability ‘‘(3) APPLICATION.—An application for a the Secretary and a Tribal Health Program to Indian students and new programs shall grant under paragraph (1) shall be in such be established in different locations from form and contain such agreements, assur- under subsection (d) shall be liable to the time to time. ances, and information as consistent with United States for the Federal share of the amount which has been paid to him or her, ‘‘(b) QUENTIN N. BURDICK PROGRAM this section. or on his or her behalf, under the contract if GRANT.—The Secretary shall provide a grant ‘‘(b) REQUIREMENTS.— authorized under subsection (a) to develop ‘‘(1) IN GENERAL.—A Tribal Health Program that individual— and maintain a program at the University of receiving a grant under subsection (a) shall ‘‘(A) fails to maintain an acceptable level North Dakota to be known as the ‘Quentin provide scholarships to Indians in accord- of academic standing in the educational in- N. Burdick American Indians Into Psy- ance with the requirements of this section. stitution in which he or she is enrolled (such chology Program’. Such program shall, to ‘‘(2) COSTS.—With respect to costs of pro- level as determined by the educational insti- the maximum extent feasible, coordinate viding any scholarship pursuant to sub- tution under regulations of the Secretary); with the Quentin N. Burdick Indian Health section (a)— ‘‘(B) is dismissed from such educational in- Programs authorized under section 117(b), ‘‘(A) 80 percent of the costs of the scholar- stitution for disciplinary reasons; the Quentin N. Burdick American Indians ship shall be paid from the funds made avail- ‘‘(C) voluntarily terminates the training in Into Nursing Program authorized under sec- able pursuant to subsection (a)(1) provided to such an educational institution for which he tion 115(e), and existing university research the Tribal Health Program; and or she is provided a scholarship under such and communications networks. ‘‘(B) 20 percent of such costs may be paid contract before the completion of such train- ‘‘(c) REGULATIONS.—The Secretary shall from any other source of funds. ing; or issue regulations pursuant to this Act for the ‘‘(c) COURSE OF STUDY.—A Tribal Health ‘‘(D) fails to accept payment, or instructs competitive awarding of grants provided Program shall provide scholarships under the educational institution in which he or under this section. this section only to Indians enrolled or ac- she is enrolled not to accept payment, in ‘‘(d) CONDITIONS OF GRANT.—Applicants cepted for enrollment in a course of study whole or in part, of a scholarship under such under this section shall agree to provide a (approved by the Secretary) in 1 of the contract, in lieu of any service obligation program which, at a minimum— health professions contemplated by this Act. arising under such contract. ‘‘(1) provides outreach and recruitment for ‘‘(d) CONTRACT.— ‘‘(2) OTHER BREACHES.—If for any reason health professions to Indian communities in- ‘‘(1) IN GENERAL.—In providing scholarships not specified in paragraph (1), an individual cluding elementary, secondary, and accred- under subsection (b), the Secretary and the breaches a written contract by failing to ei- ited and accessible community colleges that Tribal Health Program shall enter into a ther begin such individual’s service obliga- will be served by the program; written contract with each recipient of such tion required under such contract or to com- ‘‘(2) incorporates a program advisory board scholarship. plete such service obligation, the United comprised of representatives from the tribes ‘‘(2) REQUIREMENTS.—Such contract shall— States shall be entitled to recover from the and communities that will be served by the ‘‘(A) obligate such recipient to provide individual an amount determined in accord- program; service in an Indian Health Program or ance with the formula specified in subsection ‘‘(3) provides summer enrichment programs Urban Indian Organization, in the same (l) of section 110 in the manner provided for to expose Indian students to the various Service Area where the Tribal Health Pro- in such subsection. fields of psychology through research, clin- gram providing the scholarship is located, ‘‘(3) CANCELLATION UPON DEATH OF RECIPI- ical, and experimental activities; for— ENT.—Upon the death of an individual who ‘‘(4) provides stipends to undergraduate ‘‘(i) a number of years for which the schol- receives an Indian Health Scholarship, any and graduate students to pursue a career in arship is provided (or the part-time equiva- outstanding obligation of that individual for psychology; lent thereof, as determined by the Sec- service or payment that relates to that ‘‘(5) develops affiliation agreements with retary), or for a period of 2 years, whichever scholarship shall be canceled. tribal colleges and universities, the Service, period is greater; or ‘‘(4) INFORMATION.—The Secretary may university affiliated programs, and other ap- ‘‘(ii) such greater period of time as the re- carry out this subsection on the basis of in- propriate accredited and accessible entities cipient and the Tribal Health Program may formation received from Tribal Health Pro- to enhance the education of Indian students; agree; grams involved or on the basis of informa- ‘‘(6) to the maximum extent feasible, uses ‘‘(B) provide that the amount of the schol- tion collected through such other means as existing university tutoring, counseling, and arship— the Secretary deems appropriate. student support services; and ‘‘(i) may only be expended for— ‘‘(f) RELATION TO SOCIAL SECURITY ACT.— ‘‘(7) to the maximum extent feasible, em- ‘‘(I) tuition expenses, other reasonable edu- The recipient of a scholarship under this sec- ploys qualified Indians in the program. cational expenses, and reasonable living ex- ‘‘(e) ACTIVE DUTY SERVICE REQUIREMENT.— penses incurred in attendance at the edu- tion shall agree, in providing health care The active duty service obligation prescribed cational institution; and pursuant to the requirements herein— under section 338C of the Public Health Serv- ‘‘(II) payment to the recipient of a month- ‘‘(1) not to discriminate against an indi- ice Act (42 U.S.C. 254m) shall be met by each ly stipend of not more than the amount au- vidual seeking care on the basis of the abil- graduate who receives a stipend described in thorized by section 338(g)(1)(B) of the Public ity of the individual to pay for such care or subsection (d)(4) that is funded under this Health Service Act (42 U.S.C. 254m(g)(1)(B)), on the basis that payment for such care will section. Such obligation shall be met by with such amount to be reduced pro rata (as be made pursuant to a program established service— determined by the Secretary) based on the in title XVIII of the Social Security Act or ‘‘(1) in an Indian Health Program; number of hours such student is enrolled, pursuant to the programs established in title ‘‘(2) in a program assisted under title V of and not to exceed, for any year of attendance XIX or title XXI of such Act; and this Act; or for which the scholarship is provided, the ‘‘(2) to accept assignment under section ‘‘(3) in the private practice of psychology total amount required for the year for the 1842(b)(3)(B)(ii) of the Social Security Act for if, as determined by the Secretary, in accord- purposes authorized in this clause; and all services for which payment may be made ance with guidelines promulgated by the ‘‘(ii) may not exceed, for any year of at- under part B of title XVIII of such Act, and Secretary, such practice is situated in a phy- tendance for which the scholarship is pro- to enter into an appropriate agreement with sician or other health professional shortage vided, the total amount required for the year the State agency that administers the State area and addresses the health care needs of a for the purposes authorized in clause (i); plan for medical assistance under title XIX, substantial number of Indians. ‘‘(C) require the recipient of such scholar- or the State child health plan under title ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— ship to maintain an acceptable level of aca- XXI, of such Act to provide service to indi- There is authorized to be appropriated to demic standing as determined by the edu- viduals entitled to medical assistance or carry out this section $2,700,000 for each of cational institution in accordance with regu- child health assistance, respectively, under fiscal years 2008 through 2017. lations issued pursuant to this Act; and the plan.

VerDate Mar 15 2010 22:12 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00103 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JA8.REC S22JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S116 CONGRESSIONAL RECORD — SENATE January 22, 2008

‘‘(g) CONTINUANCE OF FUNDING.—The Sec- tive Program under which Indian Health ‘‘(D) be employed in an Indian Health Pro- retary shall make payments under this sec- Programs— gram or Urban Indian Organization without tion to a Tribal Health Program for any fis- ‘‘(1) provide for the training of Indians as a service obligation; and cal year subsequent to the first fiscal year of community health representatives; and ‘‘(3) submit to the Secretary an application such payments unless the Secretary deter- ‘‘(2) use such community health represent- for a contract described in subsection (e). mines that, for the immediately preceding atives in the provision of health care, health ‘‘(c) APPLICATION.— fiscal year, the Tribal Health Program has promotion, and disease prevention services ‘‘(1) INFORMATION TO BE INCLUDED WITH not complied with the requirements of this to Indian communities. FORMS.—In disseminating application forms and contract forms to individuals desiring to section. ‘‘(b) DUTIES.—The Community Health Rep- participate in the Loan Repayment Program, ‘‘SEC. 107. INDIAN HEALTH SERVICE EXTERN resentative Program of the Service, shall— the Secretary shall include with such forms PROGRAMS. ‘‘(1) provide a high standard of training for a fair summary of the rights and liabilities ‘‘(a) EMPLOYMENT PREFERENCE.—Any indi- community health representatives to ensure of an individual whose application is ap- vidual who receives a scholarship pursuant that the community health representatives proved (and whose contract is accepted) by to section 104 or 106 shall be given preference provide quality health care, health pro- for employment in the Service, or may be the Secretary, including in the summary a motion, and disease prevention services to clear explanation of the damages to which employed by a Tribal Health Program or an the Indian communities served by the Pro- Urban Indian Organization, or other agencies the United States is entitled under sub- gram; section (l) in the case of the individual’s of the Department as available, during any ‘‘(2) in order to provide such training, de- nonacademic period of the year. breach of contract. The Secretary shall pro- velop and maintain a curriculum that— vide such individuals with sufficient infor- ‘‘(b) NOT COUNTED TOWARD ACTIVE DUTY ‘‘(A) combines education in the theory of mation regarding the advantages and dis- SERVICE OBLIGATION.—Periods of employ- health care with supervised practical experi- advantages of service as a commissioned offi- ment pursuant to this subsection shall not ence in the provision of health care; and be counted in determining fulfillment of the cer in the Regular or Reserve Corps of the ‘‘(B) provides instruction and practical ex- Public Health Service or a civilian employee service obligation incurred as a condition of perience in health promotion and disease of the Service to enable the individual to the scholarship. prevention activities, with appropriate con- make a decision on an informed basis. ‘‘(c) TIMING; LENGTH OF EMPLOYMENT.—Any sideration given to lifestyle factors that ‘‘(2) CLEAR LANGUAGE.—The application individual enrolled in a program, including a have an impact on Indian health status, such form, contract form, and all other informa- high school program, authorized under sec- as alcoholism, family dysfunction, and pov- tion furnished by the Secretary under this tion 102(a) may be employed by the Service erty; section shall be written in a manner cal- or by a Tribal Health Program or an Urban ‘‘(3) maintain a system which identifies the culated to be understood by the average indi- Indian Organization during any nonacademic needs of community health representatives vidual applying to participate in the Loan period of the year. Any such employment for continuing education in health care, Repayment Program. shall not exceed 120 days during any calendar health promotion, and disease prevention ‘‘(3) TIMELY AVAILABILITY OF FORMS.—The year. and develop programs that meet the needs Secretary shall make such application ‘‘(d) NONAPPLICABILITY OF COMPETITIVE for continuing education; forms, contract forms, and other information PERSONNEL SYSTEM.—Any employment pur- ‘‘(4) maintain a system that provides close available to individuals desiring to partici- suant to this section shall be made without supervision of Community Health Represent- pate in the Loan Repayment Program on a regard to any competitive personnel system atives; date sufficiently early to ensure that such or agency personnel limitation and to a posi- ‘‘(5) maintain a system under which the individuals have adequate time to carefully tion which will enable the individual so em- work of Community Health Representatives review and evaluate such forms and informa- ployed to receive practical experience in the is reviewed and evaluated; and tion. health profession in which he or she is en- ‘‘(6) promote traditional health care prac- ‘‘(d) PRIORITIES.— gaged in study. Any individual so employed tices of the Indian Tribes served consistent ‘‘(1) LIST.—Consistent with subsection (k), shall receive payment for his or her services with the Service standards for the provision the Secretary shall annually— comparable to the salary he or she would re- of health care, health promotion, and disease ‘‘(A) identify the positions in each Indian ceive if he or she were employed in the com- prevention. Health Program or Urban Indian Organiza- petitive system. Any individual so employed tion for which there is a need or a vacancy; shall not be counted against any employ- ‘‘SEC. 110. INDIAN HEALTH SERVICE LOAN RE- PAYMENT PROGRAM. and ment ceiling affecting the Service or the De- ‘‘(B) rank those positions in order of pri- partment. ‘‘(a) ESTABLISHMENT.—The Secretary, act- ority. ing through the Service, shall establish and ‘‘SEC. 108. CONTINUING EDUCATION ALLOW- ‘‘(2) APPROVALS.—Notwithstanding the pri- ANCES. administer a program to be known as the ority determined under paragraph (1), the ‘‘In order to encourage scholarship and sti- Service Loan Repayment Program (herein- Secretary, in determining which applica- pend recipients under sections 104, 105, 106, after referred to as the ‘Loan Repayment tions under the Loan Repayment Program to and 115 and health professionals, including Program’) in order to ensure an adequate approve (and which contracts to accept), community health representatives and emer- supply of trained health professionals nec- shall— gency medical technicians, to join or con- essary to maintain accreditation of, and pro- ‘‘(A) give first priority to applications tinue in an Indian Health Program, in the vide health care services to Indians through, made by individual Indians; and case of nurses, to obtain training and certifi- Indian Health Programs and Urban Indian ‘‘(B) after making determinations on all cation as sexual assault nurse examiners, Organizations. applications submitted by individual Indians and to provide their services in the rural and ‘‘(b) ELIGIBLE INDIVIDUALS.—To be eligible as required under subparagraph (A), give pri- remote areas where a significant portion of to participate in the Loan Repayment Pro- ority to— Indians reside, the Secretary, acting through gram, an individual must— ‘‘(i) individuals recruited through the ef- the Service, may— ‘‘(1)(A) be enrolled— forts of an Indian Health Program or Urban ‘‘(1) provide programs or allowances to ‘‘(i) in a course of study or program in an Indian Organization; and transition into an Indian Health Program, accredited educational institution (as deter- ‘‘(ii) other individuals based on the pri- including licensing, board or certification mined by the Secretary under section ority rankings under paragraph (1). examination assistance, and technical assist- 338B(b)(1)(c)(i) of the Public Health Service ‘‘(e) RECIPIENT CONTRACTS.— ance in fulfilling service obligations under Act (42 U.S.C. 254l–1(b)(1)(c)(i))) and be sched- ‘‘(1) CONTRACT REQUIRED.—An individual sections 104, 105, 106, and 115; and uled to complete such course of study in the becomes a participant in the Loan Repay- ‘‘(2) provide programs or allowances to same year such individual applies to partici- ment Program only upon the Secretary and health professionals employed in an Indian pate in such program; or the individual entering into a written con- Health Program to enable them for a period ‘‘(ii) in an approved graduate training pro- tract described in paragraph (2). of time each year prescribed by regulation of gram in a health profession; or ‘‘(2) CONTENTS OF CONTRACT.—The written the Secretary to take leave of their duty sta- ‘‘(B) have— contract referred to in this section between tions for professional consultation, manage- ‘‘(i) a degree in a health profession; and the Secretary and an individual shall con- ment, leadership, refresher training courses, ‘‘(ii) a license to practice a health profes- tain— and, in the case of nurses, additional clinical sion; ‘‘(A) an agreement under which— sexual assault nurse examiner experience to ‘‘(2)(A) be eligible for, or hold, an appoint- ‘‘(i) subject to subparagraph (C), the Sec- maintain competency or certification. ment as a commissioned officer in the Reg- retary agrees— ‘‘SEC. 109. COMMUNITY HEALTH REPRESENTA- ular or Reserve Corps of the Public Health ‘‘(I) to pay loans on behalf of the individual TIVE PROGRAM. Service; in accordance with the provisions of this sec- ‘‘(a) IN GENERAL.—Under the authority of ‘‘(B) be eligible for selection for civilian tion; and the Act of November 2, 1921 (25 U.S.C. 13) service in the Regular or Reserve Corps of ‘‘(II) to accept (subject to the availability (commonly known as the ‘Snyder Act’), the the Public Health Service; of appropriated funds for carrying out this Secretary, acting through the Service, shall ‘‘(C) meet the professional standards for section) the individual into the Service or maintain a Community Health Representa- civil service employment in the Service; or place the individual with a Tribal Health

VerDate Mar 15 2010 22:12 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00104 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JA8.REC S22JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 22, 2008 CONGRESSIONAL RECORD — SENATE S117 Program or Urban Indian Organization as be provided under the Loan Repayment Pro- ‘‘(i) fails to maintain an acceptable level of provided in clause (ii)(III); and gram from the amounts appropriated for academic standing in the educational insti- ‘‘(ii) subject to subparagraph (C), the indi- such contracts; tution in which he or she is enrolled (such vidual agrees— ‘‘(B) provides an incentive to serve in In- level determined by the educational institu- ‘‘(I) to accept loan payments on behalf of dian Health Programs and Urban Indian Or- tion under regulations of the Secretary); the individual; ganizations with the greatest shortages of ‘‘(ii) voluntarily terminates such enroll- ‘‘(II) in the case of an individual described health professionals; and ment; or in subsection (b)(1)— ‘‘(C) provides an incentive with respect to ‘‘(iii) is dismissed from such educational ‘‘(aa) to maintain enrollment in a course of the health professional involved remaining institution before completion of such course study or training described in subsection in an Indian Health Program or Urban In- of study; or (b)(1)(A) until the individual completes the dian Organization with such a health profes- ‘‘(B) is enrolled in a graduate training pro- course of study or training; and sional shortage, and continuing to provide gram and fails to complete such training ‘‘(bb) while enrolled in such course of study primary health services, after the comple- program. or training, to maintain an acceptable level tion of the period of obligated service under ‘‘(2) OTHER BREACHES; FORMULA FOR AMOUNT of academic standing (as determined under the Loan Repayment Program. OWED.—If, for any reason not specified in regulations of the Secretary by the edu- ‘‘(3) TIMING.—Any arrangement made by paragraph (1), an individual breaches his or cational institution offering such course of the Secretary for the making of loan repay- her written contract under this section by study or training); and ments in accordance with this subsection failing either to begin, or complete, such in- ‘‘(III) to serve for a time period (herein- shall provide that any repayments for a year dividual’s period of obligated service in ac- after in this section referred to as the ‘period of obligated service shall be made no later cordance with subsection (e)(2), the United of obligated service’) equal to 2 years or such than the end of the fiscal year in which the States shall be entitled to recover from such longer period as the individual may agree to individual completes such year of service. individual an amount to be determined in ac- serve in the full-time clinical practice of ‘‘(4) REIMBURSEMENTS FOR TAX LIABILITY.— cordance with the following formula: such individual’s profession in an Indian For the purpose of providing reimbursements A=3Z(t¥s/t) in which— Health Program or Urban Indian Organiza- for tax liability resulting from a payment ‘‘(A) ‘A’ is the amount the United States is tion to which the individual may be assigned under paragraph (2) on behalf of an indi- entitled to recover; by the Secretary; vidual, the Secretary— ‘‘(B) ‘Z’ is the sum of the amounts paid ‘‘(B) a provision permitting the Secretary ‘‘(A) in addition to such payments, may under this section to, or on behalf of, the in- to extend for such longer additional periods, make payments to the individual in an dividual and the interest on such amounts as the individual may agree to, the period of amount equal to not less than 20 percent and which would be payable if, at the time the obligated service agreed to by the individual not more than 39 percent of the total amount amounts were paid, they were loans bearing under subparagraph (A)(ii)(III); of loan repayments made for the taxable interest at the maximum legal prevailing ‘‘(C) a provision that any financial obliga- year involved; and rate, as determined by the Secretary of the tion of the United States arising out of a ‘‘(B) may make such additional payments Treasury; contract entered into under this section and as the Secretary determines to be appro- ‘‘(C) ‘t’ is the total number of months in any obligation of the individual which is priate with respect to such purpose. the individual’s period of obligated service in conditioned thereon is contingent upon funds accordance with subsection (f); and ‘‘(5) PAYMENT SCHEDULE.—The Secretary being appropriated for loan repayments ‘‘(D) ‘s’ is the number of months of such pe- may enter into an agreement with the holder under this section; riod served by such individual in accordance of any loan for which payments are made ‘‘(D) a statement of the damages to which with this section. under the Loan Repayment Program to es- the United States is entitled under sub- ‘‘(3) DEDUCTIONS IN MEDICARE PAYMENTS.— tablish a schedule for the making of such section (l) for the individual’s breach of the Amounts not paid within such period shall payments. contract; and be subject to collection through deductions ‘‘(h) EMPLOYMENT CEILING.—Notwith- ‘‘(E) such other statements of the rights standing any other provision of law, individ- in Medicare payments pursuant to section and liabilities of the Secretary and of the in- uals who have entered into written contracts 1892 of the Social Security Act. dividual, not inconsistent with this section. with the Secretary under this section shall ‘‘(4) TIME PERIOD FOR REPAYMENT.—Any EADLINE FOR DECISION ON APPLICA- ‘‘(f) D not be counted against any employment ceil- amount of damages which the United States TION.—The Secretary shall provide written ing affecting the Department while those in- is entitled to recover under this subsection notice to an individual within 21 days on— dividuals are undergoing academic training. shall be paid to the United States within the ‘‘(1) the Secretary’s approving, under sub- ‘‘(i) RECRUITMENT.—The Secretary shall 1-year period beginning on the date of the section (e)(1), of the individual’s participa- conduct recruiting programs for the Loan breach or such longer period beginning on tion in the Loan Repayment Program, in- Repayment Program and other manpower such date as shall be specified by the Sec- cluding extensions resulting in an aggregate programs of the Service at educational insti- retary. period of obligated service in excess of 4 tutions training health professionals or spe- ‘‘(5) RECOVERY OF DELINQUENCY.— years; or cialists identified in subsection (a). ‘‘(A) IN GENERAL.—If damages described in ‘‘(2) the Secretary’s disapproving an indi- ‘‘(j) APPLICABILITY OF LAW.—Section 214 of paragraph (4) are delinquent for 3 months, vidual’s participation in such Program. the Public Health Service Act (42 U.S.C. 215) the Secretary shall, for the purpose of recov- ‘‘(g) PAYMENTS.— shall not apply to individuals during their ering such damages— ‘‘(1) IN GENERAL.—A loan repayment pro- period of obligated service under the Loan ‘‘(i) use collection agencies contracted vided for an individual under a written con- Repayment Program. with by the Administrator of General Serv- tract under the Loan Repayment Program ‘‘(k) ASSIGNMENT OF INDIVIDUALS.—The ices; or shall consist of payment, in accordance with Secretary, in assigning individuals to serve ‘‘(ii) enter into contracts for the recovery paragraph (2), on behalf of the individual of in Indian Health Programs or Urban Indian of such damages with collection agencies se- the principal, interest, and related expenses Organizations pursuant to contracts entered lected by the Secretary. on government and commercial loans re- into under this section, shall— ‘‘(B) REPORT.—Each contract for recov- ceived by the individual regarding the under- ‘‘(1) ensure that the staffing needs of Trib- ering damages pursuant to this subsection graduate or graduate education of the indi- al Health Programs and Urban Indian Orga- shall provide that the contractor will, not vidual (or both), which loans were made for— nizations receive consideration on an equal less than once each 6 months, submit to the ‘‘(A) tuition expenses; basis with programs that are administered Secretary a status report on the success of ‘‘(B) all other reasonable educational ex- directly by the Service; and the contractor in collecting such damages. penses, including fees, books, and laboratory ‘‘(2) give priority to assigning individuals Section 3718 of title 31, United States Code, expenses, incurred by the individual; and to Indian Health Programs and Urban Indian shall apply to any such contract to the ex- ‘‘(C) reasonable living expenses as deter- Organizations that have a need for health tent not inconsistent with this subsection. mined by the Secretary. professionals to provide health care services ‘‘(m) WAIVER OR SUSPENSION OF OBLIGA- ‘‘(2) AMOUNT.—For each year of obligated as a result of individuals having breached TION.— service that an individual contracts to serve contracts entered into under this section. ‘‘(1) IN GENERAL.—The Secretary shall by under subsection (e), the Secretary may pay ‘‘(l) BREACH OF CONTRACT.— regulation provide for the partial or total up to $35,000 or an amount equal to the ‘‘(1) SPECIFIC BREACHES.—An individual waiver or suspension of any obligation of amount specified in section 338B(g)(2)(A) of who has entered into a written contract with service or payment by an individual under the Public Health Service Act, whichever is the Secretary under this section and has not the Loan Repayment Program whenever more, on behalf of the individual for loans received a waiver under subsection (m) shall compliance by the individual is impossible or described in paragraph (1). In making a de- be liable, in lieu of any service obligation would involve extreme hardship to the indi- termination of the amount to pay for a year arising under such contract, to the United vidual and if enforcement of such obligation of such service by an individual, the Sec- States for the amount which has been paid with respect to any individual would be un- retary shall consider the extent to which on such individual’s behalf under the con- conscionable. each such determination— tract if that individual— ‘‘(2) CANCELED UPON DEATH.—Any obliga- ‘‘(A) affects the ability of the Secretary to ‘‘(A) is enrolled in the final year of a tion of an individual under the Loan Repay- maximize the number of contracts that can course of study and— ment Program for service or payment of

VerDate Mar 15 2010 22:12 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00105 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JA8.REC S22JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S118 CONGRESSIONAL RECORD — SENATE January 22, 2008 damages shall be canceled upon the death of suant to paragraph (1) may expend the pay- tions shall be given an equal opportunity to the individual. ments to provide scholarships or recruit and participate in the program under subsection ‘‘(3) HARDSHIP WAIVER.—The Secretary may employ, directly or by contract, health pro- (a). waive, in whole or in part, the rights of the fessionals to provide health care services. ‘‘SEC. 115. QUENTIN N. BURDICK AMERICAN INDI- United States to recover amounts under this ‘‘(c) INVESTMENT OF FUNDS.—The Secretary ANS INTO NURSING PROGRAM. section in any case of extreme hardship or of the Treasury shall invest such amounts of ‘‘(a) GRANTS AUTHORIZED.—For the purpose other good cause shown, as determined by the LRRF as the Secretary of Health and of increasing the number of nurses, nurse the Secretary. Human Services determines are not required midwives, and nurse practitioners who de- ‘‘(4) BANKRUPTCY.—Any obligation of an in- to meet current withdrawals from the LRRF. liver health care services to Indians, the Sec- dividual under the Loan Repayment Pro- Such investments may be made only in in- retary, acting through the Service, shall pro- gram for payment of damages may be re- terest bearing obligations of the United vide grants to the following: leased by a discharge in bankruptcy under States. For such purpose, such obligations ‘‘(1) Public or private schools of nursing. title 11 of the United States Code only if may be acquired on original issue at the ‘‘(2) Tribal colleges or universities. such discharge is granted after the expira- issue price, or by purchase of outstanding ob- ‘‘(3) Nurse midwife programs and advanced tion of the 5-year period beginning on the ligations at the market price. practice nurse programs that are provided by first date that payment of such damages is ‘‘(d) SALE OF OBLIGATIONS.—Any obligation any tribal college or university accredited required, and only if the bankruptcy court acquired by the LRRF may be sold by the nursing program, or in the absence of such, finds that nondischarge of the obligation Secretary of the Treasury at the market any other public or private institutions. would be unconscionable. price. ‘‘(b) USE OF GRANTS.—Grants provided ‘‘(n) REPORT.—The Secretary shall submit ‘‘(e) EFFECTIVE DATE.—This section takes under subsection (a) may be used for 1 or to the President, for inclusion in the report effect on October 1, 2009. more of the following: required to be submitted to Congress under ‘‘SEC. 112. RECRUITMENT ACTIVITIES. ‘‘(1) To recruit individuals for programs section 801, a report concerning the previous ‘‘(a) REIMBURSEMENT FOR TRAVEL.—The which train individuals to be nurses, nurse fiscal year which sets forth by Service Area Secretary, acting through the Service, may midwives, or advanced practice nurses. the following: reimburse health professionals seeking posi- ‘‘(2) To provide scholarships to Indians en- ‘‘(1) A list of the health professional posi- tions with Indian Health Programs or Urban rolled in such programs that may pay the tions maintained by Indian Health Programs Indian Organizations, including individuals tuition charged for such program and other and Urban Indian Organizations for which re- considering entering into a contract under expenses incurred in connection with such cruitment or retention is difficult. section 110 and their spouses, for actual and program, including books, fees, room and ‘‘(2) The number of Loan Repayment Pro- reasonable expenses incurred in traveling to board, and stipends for living expenses. gram applications filed with respect to each and from their places of residence to an area ‘‘(3) To provide a program that encourages type of health profession. in which they may be assigned for the pur- nurses, nurse midwives, and advanced prac- ‘‘(3) The number of contracts described in pose of evaluating such area with respect to tice nurses to provide, or continue to pro- subsection (e) that are entered into with re- such assignment. vide, health care services to Indians. spect to each health profession. ‘‘(b) RECRUITMENT PERSONNEL.—The Sec- ‘‘(4) To provide a program that increases ‘‘(4) The amount of loan payments made retary, acting through the Service, shall as- the skills of, and provides continuing edu- under this section, in total and by health sign 1 individual in each Area Office to be re- cation to, nurses, nurse midwives, and ad- profession. sponsible on a full-time basis for recruit- vanced practice nurses. ‘‘(5) The number of scholarships that are ment activities. ‘‘(5) To provide any program that is de- provided under sections 104 and 106 with re- signed to achieve the purpose described in ‘‘SEC. 113. INDIAN RECRUITMENT AND RETEN- spect to each health profession. TION PROGRAM. subsection (a). ‘‘(6) The amount of scholarship grants pro- ‘‘(c) APPLICATIONS.—Each application for a ‘‘(a) IN GENERAL.—The Secretary, acting grant under subsection (a) shall include such vided under section 104 and 106, in total and through the Service, shall fund, on a com- information as the Secretary may require to by health profession. petitive basis, innovative demonstration establish the connection between the pro- ‘‘(7) The number of providers of health care projects for a period not to exceed 3 years to that will be needed by Indian Health Pro- gram of the applicant and a health care facil- enable Tribal Health Programs and Urban ity that primarily serves Indians. grams and Urban Indian Organizations, by Indian Organizations to recruit, place, and location and profession, during the 3 fiscal ‘‘(d) PREFERENCES FOR GRANT RECIPI- retain health professionals to meet their ENTS.—In providing grants under subsection years beginning after the date the report is staffing needs. filed. (a), the Secretary shall extend a preference ‘‘(b) ELIGIBLE ENTITIES; APPLICATION.—Any to the following: ‘‘(8) The measures the Secretary plans to Tribal Health Program or Urban Indian Or- take to fill the health professional positions ‘‘(1) Programs that provide a preference to ganization may submit an application for Indians. maintained by Indian Health Programs or funding of a project pursuant to this section. Urban Indian Organizations for which re- ‘‘(2) Programs that train nurse midwives or ‘‘SEC. 114. ADVANCED TRAINING AND RESEARCH. cruitment or retention is difficult. advanced practice nurses. ‘‘(a) DEMONSTRATION PROGRAM.—The Sec- ‘‘SEC. 111. SCHOLARSHIP AND LOAN REPAYMENT ‘‘(3) Programs that are interdisciplinary. RECOVERY FUND. retary, acting through the Service, shall es- ‘‘(4) Programs that are conducted in co- tablish a demonstration project to enable ‘‘(a) ESTABLISHMENT.—There is established operation with a program for gifted and tal- in the Treasury of the United States a fund health professionals who have worked in an ented Indian students. to be known as the Indian Health Scholar- Indian Health Program or Urban Indian Or- ‘‘(5) Programs conducted by tribal colleges ship and Loan Repayment Recovery Fund ganization for a substantial period of time to and universities. (hereafter in this section referred to as the pursue advanced training or research areas ‘‘(e) QUENTIN N. BURDICK PROGRAM ‘LRRF’). The LRRF shall consist of such of study for which the Secretary determines GRANT.—The Secretary shall provide 1 of the amounts as may be collected from individ- a need exists. grants authorized under subsection (a) to es- uals under section 104(d), section 106(e), and ‘‘(b) SERVICE OBLIGATION.—An individual tablish and maintain a program at the Uni- section 110(l) for breach of contract, such who participates in a program under sub- versity of North Dakota to be known as the funds as may be appropriated to the LRRF, section (a), where the educational costs are ‘Quentin N. Burdick American Indians Into and interest earned on amounts in the borne by the Service, shall incur an obliga- Nursing Program’. Such program shall, to LRRF. All amounts collected, appropriated, tion to serve in an Indian Health Program or the maximum extent feasible, coordinate or earned relative to the LRRF shall remain Urban Indian Organization for a period of ob- with the Quentin N. Burdick Indian Health available until expended. ligated service equal to at least the period of Programs established under section 117(b) ‘‘(b) USE OF FUNDS.— time during which the individual partici- and the Quentin N. Burdick American Indi- ‘‘(1) BY SECRETARY.—Amounts in the LRRF pates in such program. In the event that the ans Into Psychology Program established may be expended by the Secretary, acting individual fails to complete such obligated under section 105(b). through the Service, to make payments to service, the individual shall be liable to the ‘‘(f) ACTIVE DUTY SERVICE OBLIGATION.— an Indian Health Program— United States for the period of service re- The active duty service obligation prescribed ‘‘(A) to which a scholarship recipient under maining. In such event, with respect to indi- under section 338C of the Public Health Serv- section 104 and 106 or a loan repayment pro- viduals entering the program after the date ice Act (42 U.S.C. 254m) shall be met by each gram participant under section 110 has been of enactment of the Indian Health Care Im- individual who receives training or assist- assigned to meet the obligated service re- provement Act Amendments of 2008, the ance described in paragraph (1) or (2) of sub- quirements pursuant to such sections; and United States shall be entitled to recover section (b) that is funded by a grant provided ‘‘(B) that has a need for a health profes- from such individual an amount to be deter- under subsection (a). Such obligation shall sional to provide health care services as a re- mined in accordance with the formula speci- be met by service— sult of such recipient or participant having fied in subsection (l) of section 110 in the ‘‘(1) in the Service; breached the contract entered into under manner provided for in such subsection. ‘‘(2) in a program of an Indian Tribe or section 104, 106, or section 110. ‘‘(c) EQUAL OPPORTUNITY FOR PARTICIPA- Tribal Organization conducted under the In- ‘‘(2) BY TRIBAL HEALTH PROGRAMS.—A Trib- TION.—Health professionals from Tribal dian Self-Determination and Education As- al Health Program receiving payments pur- Health Programs and Urban Indian Organiza- sistance Act (25 U.S.C. 450 et seq.) (including

VerDate Mar 15 2010 22:12 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00106 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JA8.REC S22JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 22, 2008 CONGRESSIONAL RECORD — SENATE S119 programs under agreements with the Bureau ‘‘(5) to the maximum extent feasible, em- ‘‘SEC. 119. RETENTION BONUS. of Indian Affairs); ploys qualified Indians in the program. ‘‘(a) BONUS AUTHORIZED.—The Secretary ‘‘(3) in a program assisted under title V of ‘‘SEC. 118. HEALTH TRAINING PROGRAMS OF may pay a retention bonus to any health this Act; COMMUNITY COLLEGES. professional employed by, or assigned to, and ‘‘(4) in the private practice of nursing if, as ‘‘(a) GRANTS TO ESTABLISH PROGRAMS.— serving in, an Indian Health Program or determined by the Secretary, in accordance ‘‘(1) IN GENERAL.—The Secretary, acting Urban Indian Organization either as a civil- with guidelines promulgated by the Sec- through the Service, shall award grants to ian employee or as a commissioned officer in retary, such practice is situated in a physi- accredited and accessible community col- the Regular or Reserve Corps of the Public cian or other health shortage area and ad- leges for the purpose of assisting such com- Health Service who— dresses the health care needs of a substantial munity colleges in the establishment of pro- ‘‘(1) is assigned to, and serving in, a posi- number of Indians; or grams which provide education in a health tion for which recruitment or retention of ‘‘(5) in a teaching capacity in a tribal col- profession leading to a degree or diploma in personnel is difficult; lege or university nursing program (or a re- a health profession for individuals who desire ‘‘(2) the Secretary determines is needed by lated health profession program) if, as deter- to practice such profession on or near a res- Indian Health Programs and Urban Indian mined by the Secretary, health services pro- ervation or in an Indian Health Program. Organizations; vided to Indians would not decrease. ‘‘(2) AMOUNT OF GRANTS.—The amount of ‘‘(3) has— ‘‘SEC. 116. TRIBAL CULTURAL ORIENTATION. any grant awarded to a community college ‘‘(A) completed 2 years of employment ‘‘(a) CULTURAL EDUCATION OF EMPLOYEES.— under paragraph (1) for the first year in with an Indian Health Program or Urban In- The Secretary, acting through the Service, which such a grant is provided to the com- dian Organization; or shall require that appropriate employees of munity college shall not exceed $250,000. ‘‘(B) completed any service obligations in- the Service who serve Indian Tribes in each ‘‘(b) GRANTS FOR MAINTENANCE AND RE- curred as a requirement of— Service Area receive educational instruction CRUITING.— ‘‘(i) any Federal scholarship program; or in the history and culture of such Indian ‘‘(1) IN GENERAL.—The Secretary, acting ‘‘(ii) any Federal education loan repay- Tribes and their relationship to the Service. through the Service, shall award grants to ment program; and ‘‘(b) PROGRAM.—In carrying out subsection accredited and accessible community col- ‘‘(4) enters into an agreement with an In- (a), the Secretary shall establish a program leges that have established a program de- dian Health Program or Urban Indian Orga- which shall, to the extent feasible— scribed in subsection (a)(1) for the purpose of nization for continued employment for a pe- ‘‘(1) be developed in consultation with the maintaining the program and recruiting stu- riod of not less than 1 year. affected Indian Tribes, Tribal Organizations, dents for the program. ‘‘(b) RATES.—The Secretary may establish and Urban Indian Organizations; ‘‘(2) REQUIREMENTS.—Grants may only be rates for the retention bonus which shall ‘‘(2) be carried out through tribal colleges made under this section to a community col- provide for a higher annual rate for or universities; lege which— multiyear agreements than for single year ‘‘(3) include instruction in American In- ‘‘(A) is accredited; agreements referred to in subsection (a)(4), dian studies; and ‘‘(B) has a relationship with a hospital fa- but in no event shall the annual rate be more ‘‘(4) describe the use and place of tradi- cility, Service facility, or hospital that could than $25,000 per annum. tional health care practices of the Indian provide training of nurses or health profes- ‘‘(c) DEFAULT OF RETENTION AGREEMENT.— Tribes in the Service Area. sionals; Any health professional failing to complete ‘‘SEC. 117. INMED PROGRAM. ‘‘(C) has entered into an agreement with an the agreed upon term of service, except ‘‘(a) GRANTS AUTHORIZED.—The Secretary, accredited college or university medical where such failure is through no fault of the acting through the Service, is authorized to school, the terms of which— individual, shall be obligated to refund to provide grants to colleges and universities ‘‘(i) provide a program that enhances the the Government the full amount of the re- for the purpose of maintaining and expand- transition and recruitment of students into tention bonus for the period covered by the ing the Indian health careers recruitment advanced baccalaureate or graduate pro- agreement, plus interest as determined by program known as the ‘Indians Into Medi- grams that train health professionals; and the Secretary in accordance with section cine Program’ (hereinafter in this section re- ‘‘(ii) stipulate certifications necessary to 110(l)(2)(B). ferred to as ‘INMED’) as a means of encour- approve internship and field placement op- ‘‘(d) OTHER RETENTION BONUS.—The Sec- aging Indians to enter the health profes- portunities at Indian Health Programs; retary may pay a retention bonus to any sions. ‘‘(D) has a qualified staff which has the ap- health professional employed by a Tribal ‘‘(b) QUENTIN N. BURDICK GRANT.—The Sec- propriate certifications; Health Program if such health professional retary shall provide 1 of the grants author- ‘‘(E) is capable of obtaining State or re- is serving in a position which the Secretary ized under subsection (a) to maintain the gional accreditation of the program de- determines is— INMED program at the University of North scribed in subsection (a)(1); and ‘‘(1) a position for which recruitment or re- Dakota, to be known as the ‘Quentin N. Bur- tention is difficult; and dick Indian Health Programs’, unless the ‘‘(F) agrees to provide for Indian preference for applicants for programs under this sec- ‘‘(2) necessary for providing health care Secretary makes a determination, based services to Indians. upon program reviews, that the program is tion. not meeting the purposes of this section. ‘‘(c) TECHNICAL ASSISTANCE.—The Sec- ‘‘SEC. 120. NURSING RESIDENCY PROGRAM. Such program shall, to the maximum extent retary shall encourage community colleges ‘‘(a) ESTABLISHMENT OF PROGRAM.—The feasible, coordinate with the Quentin N. Bur- described in subsection (b)(2) to establish Secretary, acting through the Service, shall dick American Indians Into Psychology Pro- and maintain programs described in sub- establish a program to enable Indians who gram established under section 105(b) and the section (a)(1) by— are licensed practical nurses, licensed voca- Quentin N. Burdick American Indians Into ‘‘(1) entering into agreements with such tional nurses, and registered nurses who are Nursing Program established under section colleges for the provision of qualified per- working in an Indian Health Program or 115. sonnel of the Service to teach courses of Urban Indian Organization, and have done so ‘‘(c) REGULATIONS.—The Secretary, pursu- study in such programs; and for a period of not less than 1 year, to pursue ant to this Act, shall develop regulations to ‘‘(2) providing technical assistance and advanced training. Such program shall in- govern grants pursuant to this section. support to such colleges. clude a combination of education and work ‘‘(d) REQUIREMENTS.—Applicants for grants ‘‘(d) ADVANCED TRAINING.— study in an Indian Health Program or Urban provided under this section shall agree to ‘‘(1) REQUIRED.—Any program receiving as- Indian Organization leading to an associate provide a program which— sistance under this section that is conducted or bachelor’s degree (in the case of a licensed ‘‘(1) provides outreach and recruitment for with respect to a health profession shall also practical nurse or licensed vocational nurse), health professions to Indian communities in- offer courses of study which provide ad- a bachelor’s degree (in the case of a reg- cluding elementary and secondary schools vanced training for any health professional istered nurse), or advanced degrees or certifi- and community colleges located on reserva- who— cations in nursing and public health. tions which will be served by the program; ‘‘(A) has already received a degree or di- ‘‘(b) SERVICE OBLIGATION.—An individual ‘‘(2) incorporates a program advisory board ploma in such health profession; and who participates in a program under sub- comprised of representatives from the Indian ‘‘(B) provides clinical services on or near a section (a), where the educational costs are Tribes and Indian communities which will be reservation or for an Indian Health Program. paid by the Service, shall incur an obligation served by the program; ‘‘(2) MAY BE OFFERED AT ALTERNATE SITE.— to serve in an Indian Health Program or ‘‘(3) provides summer preparatory pro- Such courses of study may be offered in con- Urban Indian Organization for a period of ob- grams for Indian students who need enrich- junction with the college or university with ligated service equal to 1 year for every year ment in the subjects of math and science in which the community college has entered that nonprofessional employee (licensed order to pursue training in the health profes- into the agreement required under sub- practical nurses, licensed vocational nurses, sions; section (b)(2)(C). nursing assistants, and various health care ‘‘(4) provides tutoring, counseling, and sup- ‘‘(e) PRIORITY.—Where the requirements of technicals), or 2 years for every year that port to students who are enrolled in a health subsection (b) are met, grant award priority professional nurse (associate degree and career program of study at the respective shall be provided to tribal colleges and uni- bachelor-prepared registered nurses), partici- college or university; and versities in Service Areas where they exist. pates in such program. In the event that the

VerDate Mar 15 2010 22:12 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00107 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JA8.REC S22JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S120 CONGRESSIONAL RECORD — SENATE January 22, 2008 individual fails to complete such obligated performing all other oral or jaw surgeries, for Tribal Health Programs to address the service, the United States shall be entitled provided that uncomplicated extractions chronic shortages of health professionals. to recover from such individual an amount shall not be considered oral surgery under ‘‘(b) PURPOSES OF PROGRAMS.—The pur- determined in accordance with the formula this section. poses of demonstration programs funded specified in subsection (l) of section 110 in ‘‘(c) PROGRAM REVIEW.— under subsection (a) shall be— the manner provided for in such subsection. ‘‘(1) NEUTRAL PANEL.— ‘‘(1) to provide direct clinical and practical ‘‘SEC. 121. COMMUNITY HEALTH AIDE PROGRAM. ‘‘(A) ESTABLISHMENT.—The Secretary, act- experience at a Service Unit to health pro- ‘‘(a) GENERAL PURPOSES OF PROGRAM.— ing through the Service, shall establish a fession students and residents from medical Under the authority of the Act of November neutral panel to carry out the study under schools; 2, 1921 (25 U.S.C. 13) (commonly known as the paragraph (2). ‘‘(2) to improve the quality of health care ‘Snyder Act’), the Secretary, acting through ‘‘(B) MEMBERSHIP.—Members of the neutral for Indians by assuring access to qualified the Service, shall develop and operate a panel shall be appointed by the Secretary health care professionals; and Community Health Aide Program in Alaska from among clinicians, economists, commu- ‘‘(3) to provide academic and scholarly op- under which the Service— nity practitioners, oral epidemiologists, and portunities for health professionals serving ‘‘(1) provides for the training of Alaska Na- Alaska Natives. Indians by identifying all academic and tives as health aides or community health ‘‘(2) STUDY.— scholarly resources of the region. practitioners; ‘‘(A) IN GENERAL.—The neutral panel estab- ‘‘(c) ADVISORY BOARD.—The demonstration ‘‘(2) uses such aides or practitioners in the lished under paragraph (1) shall conduct a programs established pursuant to subsection provision of health care, health promotion, study of the dental health aide therapist (a) shall incorporate a program advisory and disease prevention services to Alaska services provided by the Community Health board composed of representatives from the Natives living in villages in rural Alaska; Aide Program under this section to ensure Indian Tribes and Indian communities in the and that the quality of care provided through area which will be served by the program. ‘‘(3) provides for the establishment of tele- those services is adequate and appropriate. ‘‘SEC. 124. NATIONAL HEALTH SERVICE CORPS. conferencing capacity in health clinics lo- ‘‘(B) PARAMETERS OF STUDY.—The Sec- ‘‘The Secretary shall not— cated in or near such villages for use by com- retary, in consultation with interested par- ‘‘(1) remove a member of the National munity health aides or community health ties, including professional dental organiza- Health Service Corps from an Indian Health practitioners. tions, shall develop the parameters of the Program or Urban Indian Organization; or ‘‘(b) SPECIFIC PROGRAM REQUIREMENTS.— study. ‘‘(2) withdraw funding used to support such The Secretary, acting through the Commu- ‘‘(C) INCLUSIONS.—The study shall include a member, unless the Secretary, acting nity Health Aide Program of the Service, determination by the neutral panel with re- through the Service, has ensured that the In- shall— spect to— dians receiving services from such member ‘‘(1) using trainers accredited by the Pro- ‘‘(i) the ability of the dental health aide will experience no reduction in services. gram, provide a high standard of training to therapist services under this section to ad- ‘‘SEC. 125. SUBSTANCE ABUSE COUNSELOR EDU- community health aides and community dress the dental care needs of Alaska Na- CATIONAL CURRICULA DEMONSTRA- TION PROGRAMS. health practitioners to ensure that such tives; ‘‘(a) CONTRACTS AND GRANTS.—The Sec- aides and practitioners provide quality ‘‘(ii) the quality of care provided through retary, acting through the Service, may health care, health promotion, and disease those services, including any training, im- enter into contracts with, or make grants to, prevention services to the villages served by provement, or additional oversight required accredited tribal colleges and universities the Program; to improve the quality of care; and and eligible accredited and accessible com- ‘‘(2) in order to provide such training, de- ‘‘(iii) whether safer and less costly alter- munity colleges to establish demonstration velop a curriculum that— natives to the dental health aide therapist programs to develop educational curricula ‘‘(A) combines education in the theory of services exist. for substance abuse counseling. health care with supervised practical experi- ‘‘(D) CONSULTATION.—In carrying out the ‘‘(b) USE OF FUNDS.—Funds provided under ence in the provision of health care; study under this paragraph, the neutral panel shall consult with Alaska Tribal Orga- this section shall be used only for developing ‘‘(B) provides instruction and practical ex- and providing educational curriculum for perience in the provision of acute care, emer- nizations with respect to the adequacy and accuracy of the study. substance abuse counseling (including pay- gency care, health promotion, disease pre- ing salaries for instructors). Such curricula ‘‘(3) REPORT.—The neutral panel shall sub- vention, and the efficient and effective man- may be provided through satellite campus agement of clinic pharmacies, supplies, mit to the Secretary, the Committee on In- dian Affairs of the Senate, and the Com- programs. equipment, and facilities; and ‘‘(c) TIME PERIOD OF ASSISTANCE; RE- mittee on Natural Resources of the House of ‘‘(C) promotes the achievement of the NEWAL.—A contract entered into or a grant Representatives a report describing the re- health status objectives specified in section provided under this section shall be for a pe- sults of the study under paragraph (2), in- 3(2); riod of 3 years. Such contract or grant may cluding a description of— ‘‘(3) establish and maintain a Community be renewed for an additional 2-year period ‘‘(A) any determination of the neutral Health Aide Certification Board to certify as upon the approval of the Secretary. panel under paragraph (2)(C); and community health aides or community ‘‘(d) CRITERIA FOR REVIEW AND APPROVAL ‘‘(B) any comments received from an Alas- health practitioners individuals who have OF APPLICATIONS.—Not later than 180 days ka Tribal Organization under paragraph successfully completed the training de- after the date of enactment of the Indian (2)(D). scribed in paragraph (1) or can demonstrate Health Care Improvement Act Amendments equivalent experience; ‘‘(d) NATIONALIZATION OF PROGRAM.— of 2008, the Secretary, after consultation ‘‘(4) develop and maintain a system which ‘‘(1) IN GENERAL.—Except as provided in with Indian Tribes and administrators of identifies the needs of community health paragraph (2), the Secretary, acting through tribal colleges and universities and eligible aides and community health practitioners the Service, may establish a national Com- accredited and accessible community col- for continuing education in the provision of munity Health Aide Program in accordance leges, shall develop and issue criteria for the health care, including the areas described in with the program under this section, as the review and approval of applications for fund- paragraph (2)(B), and develop programs that Secretary determines to be appropriate. ing (including applications for renewals of meet the needs for such continuing edu- ‘‘(2) EXCEPTION.—The national Community funding) under this section. Such criteria cation; Health Aide Program under paragraph (1) shall ensure that demonstration programs ‘‘(5) develop and maintain a system that shall not include dental health aide therapist established under this section promote the provides close supervision of community services. development of the capacity of such entities health aides and community health practi- ‘‘(3) REQUIREMENT.—In establishing a na- to educate substance abuse counselors. tioners; tional program under paragraph (1), the Sec- ‘‘(e) ASSISTANCE.—The Secretary shall pro- ‘‘(6) develop a system under which the retary shall not reduce the amount of funds vide such technical and other assistance as work of community health aides and commu- provided for the Community Health Aide may be necessary to enable grant recipients nity health practitioners is reviewed and Program described in subsections (a) and (b). to comply with the provisions of this sec- evaluated to assure the provision of quality ‘‘SEC. 122. TRIBAL HEALTH PROGRAM ADMINIS- tion. health care, health promotion, and disease TRATION. ‘‘(f) REPORT.—Each fiscal year, the Sec- prevention services; and ‘‘The Secretary, acting through the Serv- retary shall submit to the President, for in- ‘‘(7) ensure that pulpal therapy (not includ- ice, shall, by contract or otherwise, provide clusion in the report which is required to be ing pulpotomies on deciduous teeth) or ex- training for Indians in the administration submitted under section 801 for that fiscal traction of adult teeth can be performed by and planning of Tribal Health Programs. year, a report on the findings and conclu- a dental health aide therapist only after con- ‘‘SEC. 123. HEALTH PROFESSIONAL CHRONIC sions derived from the demonstration pro- sultation with a licensed dentist who deter- SHORTAGE DEMONSTRATION PRO- grams conducted under this section during mines that the procedure is a medical emer- GRAMS. that fiscal year. gency that cannot be resolved with palliative ‘‘(a) DEMONSTRATION PROGRAMS AUTHOR- ‘‘(g) DEFINITION.—For the purposes of this treatment, and further that dental health IZED.—The Secretary, acting through the section, the term ‘educational curriculum’ aide therapists are strictly prohibited from Service, may fund demonstration programs means 1 or more of the following:

VerDate Mar 15 2010 22:12 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00108 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JA8.REC S22JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 22, 2008 CONGRESSIONAL RECORD — SENATE S121 ‘‘(1) Classroom education. plan developed under this subsection shall be mined by the Service in consultation with, ‘‘(2) Clinical work experience. implemented under the Act of November 2, and with the active participation of, the af- ‘‘(3) Continuing education workshops. 1921 (25 U.S.C. 13) (commonly known as the fected Indian Tribes and Tribal Organiza- ‘‘SEC. 126. BEHAVIORAL HEALTH TRAINING AND ‘Snyder Act’). tions. COMMUNITY EDUCATION PRO- ‘‘SEC. 127. AUTHORIZATION OF APPROPRIATIONS. ‘‘(d) PROVISIONS RELATING TO HEALTH STA- GRAMS. ‘‘There are authorized to be appropriated TUS AND RESOURCE DEFICIENCIES.—For the ‘‘(a) STUDY; LIST.—The Secretary, acting such sums as may be necessary for each fis- purposes of this section, the following defini- through the Service, and the Secretary of cal year through fiscal year 2017 to carry out tions apply: the Interior, in consultation with Indian this title. ‘‘(1) DEFINITION.—The term ‘health status Tribes and Tribal Organizations, shall con- and resource deficiency’ means the extent to ‘‘TITLE II—HEALTH SERVICES duct a study and compile a list of the types which— of staff positions specified in subsection (b) ‘‘SEC. 201. INDIAN HEALTH CARE IMPROVEMENT ‘‘(A) the health status objectives set forth FUND. whose qualifications include, or should in- in section 3(2) are not being achieved; and ‘‘(a) USE OF FUNDS.—The Secretary, acting clude, training in the identification, preven- ‘‘(B) the Indian Tribe or Tribal Organiza- through the Service, is authorized to expend tion, education, referral, or treatment of tion does not have available to it the health funds, directly or under the authority of the mental illness, or dysfunctional and self de- resources it needs, taking into account the Indian Self-Determination and Education structive behavior. actual cost of providing health care services Assistance Act (25 U.S.C. 450 et seq.), which ‘‘(b) POSITIONS.—The positions referred to given local geographic, climatic, rural, or are appropriated under the authority of this in subsection (a) are— other circumstances. section, for the purposes of— ‘‘(1) staff positions within the Bureau of In- ‘‘(2) AVAILABLE RESOURCES.—The health re- ‘‘(1) eliminating the deficiencies in health dian Affairs, including existing positions, in sources available to an Indian Tribe or Trib- status and health resources of all Indian the fields of— al Organization include health resources pro- Tribes; ‘‘(A) elementary and secondary education; vided by the Service as well as health re- ‘‘(2) eliminating backlogs in the provision ‘‘(B) social services and family and child sources used by the Indian Tribe or Tribal of health care services to Indians; welfare; Organization, including services and financ- ‘‘(3) meeting the health needs of Indians in ‘‘(C) law enforcement and judicial services; ing systems provided by any Federal pro- an efficient and equitable manner, including and grams, private insurance, and programs of the use of telehealth and telemedicine when ‘‘(D) alcohol and substance abuse; State or local governments. appropriate; ‘‘(2) staff positions within the Service; and ‘‘(3) PROCESS FOR REVIEW OF DETERMINA- ‘‘(4) eliminating inequities in funding for ‘‘(3) staff positions similar to those identi- TIONS.—The Secretary shall establish proce- both direct care and contract health service fied in paragraphs (1) and (2) established and dures which allow any Indian Tribe or Tribal programs; and maintained by Indian Tribes and Tribal Or- Organization to petition the Secretary for a ‘‘(5) augmenting the ability of the Service ganizations (without regard to the funding review of any determination of the extent of to meet the following health service respon- source). the health status and resource deficiency of sibilities with respect to those Indian Tribes ‘‘(c) TRAINING CRITERIA.— such Indian Tribe or Tribal Organization. with the highest levels of health status defi- ‘‘(1) IN GENERAL.—The appropriate Sec- ‘‘(e) ELIGIBILITY FOR FUNDS.—Tribal Health retary shall provide training criteria appro- ciencies and resource deficiencies: Programs shall be eligible for funds appro- priate to each type of position identified in ‘‘(A) Clinical care, including inpatient priated under the authority of this section subsection (b)(1) and (b)(2) and ensure that care, outpatient care (including audiology, on an equal basis with programs that are ad- appropriate training has been, or shall be clinical eye, and vision care), primary care, ministered directly by the Service. provided to any individual in any such posi- secondary and tertiary care, and long-term ‘‘(f) REPORT.—By no later than the date tion. With respect to any such individual in care. that is 3 years after the date of enactment of a position identified pursuant to subsection ‘‘(B) Preventive health, including mam- the Indian Health Care Improvement Act (b)(3), the respective Secretaries shall pro- mography and other cancer screening in ac- Amendments of 2008, the Secretary shall sub- vide appropriate training to, or provide funds cordance with section 207. mit to Congress the current health status to, an Indian Tribe or Tribal Organization ‘‘(C) Dental care. and resource deficiency report of the Service for training of appropriate individuals. In ‘‘(D) Mental health, including community for each Service Unit, including newly recog- the case of positions funded under a contract mental health services, inpatient mental nized or acknowledged Indian Tribes. Such or compact under the Indian Self-Determina- health services, dormitory mental health report shall set out— tion and Education Assistance Act (25 U.S.C. services, therapeutic and residential treat- ‘‘(1) the methodology then in use by the 450 et seq.), the appropriate Secretary shall ment centers, and training of traditional Service for determining Tribal health status ensure that such training costs are included health care practitioners. and resource deficiencies, as well as the most in the contract or compact, as the Secretary ‘‘(E) Emergency medical services. recent application of that methodology; determines necessary. ‘‘(F) Treatment and control of, and reha- ‘‘(2) the extent of the health status and re- ‘‘(2) POSITION SPECIFIC TRAINING CRITERIA.— bilitative care related to, alcoholism and source deficiency of each Indian Tribe served Position specific training criteria shall be drug abuse (including fetal alcohol spectrum by the Service or a Tribal Health Program; culturally relevant to Indians and Indian disorders) among Indians. ‘‘(3) the amount of funds necessary to Tribes and shall ensure that appropriate in- ‘‘(G) Injury prevention programs, including eliminate the health status and resource de- formation regarding traditional health care training. ficiencies of all Indian Tribes served by the practices is provided. ‘‘(H) Home health care. Service or a Tribal Health Program; and ‘‘(d) COMMUNITY EDUCATION ON MENTAL ILL- ‘‘(I) Community health representatives. ‘‘(4) an estimate of— NESS.—The Service shall develop and imple- ‘‘(J) Maintenance and improvement. ‘‘(A) the amount of health service funds ap- ment, on request of an Indian Tribe, Tribal ‘‘(b) NO OFFSET OR LIMITATION.—Any funds propriated under the authority of this Act, Organization, or Urban Indian Organization, appropriated under the authority of this sec- or any other Act, including the amount of or assist the Indian Tribe, Tribal Organiza- tion shall not be used to offset or limit any any funds transferred to the Service for the tion, or Urban Indian Organization to de- other appropriations made to the Service preceding fiscal year which is allocated to velop and implement, a program of commu- under this Act or the Act of November 2, 1921 each Service Unit, Indian Tribe, or Tribal nity education on mental illness. In carrying (25 U.S.C. 13) (commonly known as the ‘Sny- Organization; out this subsection, the Service shall, upon der Act’), or any other provision of law. ‘‘(B) the number of Indians eligible for request of an Indian Tribe, Tribal Organiza- ‘‘(c) ALLOCATION; USE.— health services in each Service Unit or In- tion, or Urban Indian Organization, provide ‘‘(1) IN GENERAL.—Funds appropriated dian Tribe or Tribal Organization; and technical assistance to the Indian Tribe, under the authority of this section shall be ‘‘(C) the number of Indians using the Serv- Tribal Organization, or Urban Indian Organi- allocated to Service Units, Indian Tribes, or ice resources made available to each Service zation to obtain and develop community edu- Tribal Organizations. The funds allocated to Unit, Indian Tribe or Tribal Organization, cational materials on the identification, pre- each Indian Tribe, Tribal Organization, or and, to the extent available, information on vention, referral, and treatment of mental Service Unit under this paragraph shall be the waiting lists and number of Indians illness and dysfunctional and self-destruc- used by the Indian Tribe, Tribal Organiza- turned away for services due to lack of re- tive behavior. tion, or Service Unit under this paragraph to sources. ‘‘(e) PLAN.—Not later than 90 days after improve the health status and reduce the re- ‘‘(g) INCLUSION IN BASE BUDGET.—Funds ap- the date of enactment of the Indian Health source deficiency of each Indian Tribe served propriated under this section for any fiscal Care Improvement Act Amendments of 2008, by such Service Unit, Indian Tribe, or Tribal year shall be included in the base budget of the Secretary shall develop a plan under Organization. the Service for the purpose of determining which the Service will increase the health ‘‘(2) APPORTIONMENT OF ALLOCATED appropriations under this section in subse- care staff providing behavioral health serv- FUNDS.—The apportionment of funds allo- quent fiscal years. ices by at least 500 positions within 5 years cated to a Service Unit, Indian Tribe, or ‘‘(h) CLARIFICATION.—Nothing in this sec- after the date of enactment of this section, Tribal Organization under paragraph (1) tion is intended to diminish the primary re- with at least 200 of such positions devoted to among the health service responsibilities de- sponsibility of the Service to eliminate ex- child, adolescent, and family services. The scribed in subsection (a)(5) shall be deter- isting backlogs in unmet health care needs,

VerDate Mar 15 2010 22:12 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00109 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JA8.REC S22JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S122 CONGRESSIONAL RECORD — SENATE January 22, 2008 nor are the provisions of this section in- of a disaster or catastrophic illness the cost Indian Tribes, and Tribal Organizations, di- tended to discourage the Service from under- of which was paid from CHEF. alysis programs, including the purchase of taking additional efforts to achieve equity ‘‘SEC. 203. HEALTH PROMOTION AND DISEASE dialysis equipment and the provision of nec- among Indian Tribes and Tribal Organiza- PREVENTION SERVICES. essary staffing. tions. ‘‘(a) FINDINGS.—Congress finds that health ‘‘(e) OTHER DUTIES OF THE SECRETARY.— ‘‘(i) FUNDING DESIGNATION.—Any funds ap- promotion and disease prevention activi- ‘‘(1) IN GENERAL.—The Secretary shall, to propriated under the authority of this sec- ties— the extent funding is available— tion shall be designated as the ‘Indian ‘‘(1) improve the health and well-being of ‘‘(A) in each Area Office, consult with In- Health Care Improvement Fund’. Indians; and dian Tribes and Tribal Organizations regard- ‘‘SEC. 202. CATASTROPHIC HEALTH EMERGENCY ‘‘(2) reduce the expenses for health care of ing programs for the prevention, treatment, FUND. Indians. and control of diabetes; ‘‘(a) ESTABLISHMENT.—There is established ‘‘(b) PROVISION OF SERVICES.—The Sec- ‘‘(B) establish in each Area Office a reg- an Indian Catastrophic Health Emergency retary, acting through the Service and Trib- istry of patients with diabetes to track the Fund (hereafter in this section referred to as al Health Programs, shall provide health incidence of diabetes and the complications the ‘CHEF’) consisting of— promotion and disease prevention services to from diabetes in that area; and ‘‘(1) the amounts deposited under sub- Indians to achieve the health status objec- ‘‘(C) ensure that data collected in each section (f); and tives set forth in section 3(2). Area Office regarding diabetes and related ‘‘(2) the amounts appropriated to CHEF ‘‘(c) EVALUATION.—The Secretary, after ob- complications among Indians are dissemi- under this section. taining input from the affected Tribal Health nated to all other Area Offices, subject to ap- ‘‘(b) ADMINISTRATION.—CHEF shall be ad- Programs, shall submit to the President for plicable patient privacy laws. ministered by the Secretary, acting through inclusion in the report which is required to ‘‘(2) DIABETES CONTROL OFFICERS.— the headquarters of the Service, solely for be submitted to Congress under section 801 ‘‘(A) IN GENERAL.—The Secretary may es- the purpose of meeting the extraordinary an evaluation of— tablish and maintain in each Area Office a medical costs associated with the treatment ‘‘(1) the health promotion and disease pre- position of diabetes control officer to coordi- of victims of disasters or catastrophic ill- vention needs of Indians; nate and manage any activity of that Area nesses who are within the responsibility of ‘‘(2) the health promotion and disease pre- Office relating to the prevention, treatment, the Service. vention activities which would best meet or control of diabetes to assist the Secretary ‘‘(c) CONDITIONS ON USE OF FUND.—No part such needs; in carrying out a program under this section of CHEF or its administration shall be sub- or section 330C of the Public Health Service ject to contract or grant under any law, in- ‘‘(3) the internal capacity of the Service and Tribal Health Programs to meet such Act (42 U.S.C. 254c–3). cluding the Indian Self-Determination and ‘‘(B) CERTAIN ACTIVITIES.—Any activity Education Assistance Act (25 U.S.C. 450 et needs; and ‘‘(4) the resources which would be required carried out by a diabetes control officer seq.), nor shall CHEF funds be allocated, ap- under subparagraph (A) that is the subject of portioned, or delegated on an Area Office, to enable the Service and Tribal Health Pro- grams to undertake the health promotion a contract or compact under the Indian Self- Service Unit, or other similar basis. Determination and Education Assistance Act ‘‘(d) REGULATIONS.—The Secretary shall and disease prevention activities necessary to meet such needs. (25 U.S.C. 450 et seq.), and any funds made promulgate regulations consistent with the available to carry out such an activity, shall ‘‘SEC. 204. DIABETES PREVENTION, TREATMENT, provisions of this section to— not be divisible for purposes of that Act. ‘‘(1) establish a definition of disasters and AND CONTROL. ‘‘(a) DETERMINATIONS REGARDING DIABE- ‘‘SEC. 205. SHARED SERVICES FOR LONG-TERM catastrophic illnesses for which the cost of CARE. TES.—The Secretary, acting through the the treatment provided under contract would ‘‘(a) LONG-TERM CARE.—Notwithstanding Service, and in consultation with Indian qualify for payment from CHEF; any other provision of law, the Secretary, Tribes and Tribal Organizations, shall deter- ‘‘(2) provide that a Service Unit shall not acting through the Service, is authorized to mine— be eligible for reimbursement for the cost of provide directly, or enter into contracts or ‘‘(1) by Indian Tribe and by Service Unit, treatment from CHEF until its cost of treat- compacts under the Indian Self-Determina- the incidence of, and the types of complica- ing any victim of such catastrophic illness or tion and Education Assistance Act (25 U.S.C. tions resulting from, diabetes among Indi- disaster has reached a certain threshold cost 450 et seq.) with Indian Tribes or Tribal Or- ans; and which the Secretary shall establish at— ganizations for, the delivery of long-term ‘‘(A) the 2000 level of $19,000; and ‘‘(2) based on the determinations made pur- care (including health care services associ- ‘‘(B) for any subsequent year, not less than suant to paragraph (1), the measures (includ- ated with long-term care) provided in a facil- the threshold cost of the previous year in- ing patient education and effective ongoing ity to Indians. Such agreements shall pro- creased by the percentage increase in the monitoring of disease indicators) each Serv- vide for the sharing of staff or other services medical care expenditure category of the ice Unit should take to reduce the incidence between the Service or a Tribal Health Pro- consumer price index for all urban con- of, and prevent, treat, and control the com- gram and a long-term care or related facility sumers (United States city average) for the plications resulting from, diabetes among In- owned and operated (directly or through a 12-month period ending with December of the dian Tribes within that Service Unit. contract or compact under the Indian Self- previous year; ‘‘(b) DIABETES SCREENING.—To the extent Determination and Education Assistance Act ‘‘(3) establish a procedure for the reim- medically indicated and with informed con- (25 U.S.C. 450 et seq.)) by such Indian Tribe bursement of the portion of the costs that sent, the Secretary shall screen each Indian or Tribal Organization. exceeds such threshold cost incurred by— who receives services from the Service for di- ‘‘(b) CONTENTS OF AGREEMENTS.—An agree- ‘‘(A) Service Units; or abetes and for conditions which indicate a ment entered into pursuant to subsection ‘‘(B) whenever otherwise authorized by the high risk that the individual will become di- (a)— Service, non-Service facilities or providers; abetic and establish a cost-effective ap- ‘‘(1) may, at the request of the Indian Tribe ‘‘(4) establish a procedure for payment proach to ensure ongoing monitoring of dis- or Tribal Organization, delegate to such In- from CHEF in cases in which the exigencies ease indicators. Such screening and moni- dian Tribe or Tribal Organization such pow- of the medical circumstances warrant treat- toring may be conducted by a Tribal Health ers of supervision and control over Service ment prior to the authorization of such Program and may be conducted through ap- employees as the Secretary deems necessary treatment by the Service; and propriate Internet-based health care man- to carry out the purposes of this section; ‘‘(5) establish a procedure that will ensure agement programs. ‘‘(2) shall provide that expenses (including that no payment shall be made from CHEF ‘‘(c) DIABETES PROJECTS.—The Secretary salaries) relating to services that are shared to any provider of treatment to the extent shall continue to maintain each model diabe- between the Service and the Tribal Health that such provider is eligible to receive pay- tes project in existence on the date of enact- Program be allocated proportionately be- ment for the treatment from any other Fed- ment of the Indian Health Care Improvement tween the Service and the Indian Tribe or eral, State, local, or private source of reim- Act Amendments of 2008, any such other dia- Tribal Organization; and bursement for which the patient is eligible. betes programs operated by the Service or ‘‘(3) may authorize such Indian Tribe or ‘‘(e) NO OFFSET OR LIMITATION.—Amounts Tribal Health Programs, and any additional Tribal Organization to construct, renovate, appropriated to CHEF under this section diabetes projects, such as the Medical Van- or expand a long-term care or other similar shall not be used to offset or limit appropria- guard program provided for in title IV of facility (including the construction of a fa- tions made to the Service under the author- Public Law 108–87, as implemented to serve cility attached to a Service facility). ity of the Act of November 2, 1921 (25 U.S.C. Indian Tribes. Tribal Health Programs shall ‘‘(c) MINIMUM REQUIREMENT.—Any nursing 13) (commonly known as the ‘Snyder Act’), receive recurring funding for the diabetes facility provided for under this section shall or any other law. projects that they operate pursuant to this meet the requirements for nursing facilities ‘‘(f) DEPOSIT OF REIMBURSEMENT FUNDS.— section, both at the date of enactment of the under section 1919 of the Social Security Act. There shall be deposited into CHEF all reim- Indian Health Care Improvement Act ‘‘(d) OTHER ASSISTANCE.—The Secretary bursements to which the Service is entitled Amendments of 2008 and for projects which shall provide such technical and other assist- from any Federal, State, local, or private are added and funded thereafter. ance as may be necessary to enable appli- source (including third party insurance) by ‘‘(d) DIALYSIS PROGRAMS.—The Secretary is cants to comply with the provisions of this reason of treatment rendered to any victim authorized to provide, through the Service, section.

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‘‘(e) USE OF EXISTING OR UNDERUSED FA- ‘‘(1) emergency air transportation and non- ‘‘(A) demonstrate the technical, adminis- CILITIES.—The Secretary shall encourage the emergency air transportation where ground trative, and financial expertise necessary to use of existing facilities that are underused transportation is infeasible; carry out the functions described in para- or allow the use of swing beds for long-term ‘‘(2) transportation by private vehicle graph (5); or similar care. (where no other means of transportation is ‘‘(B) consult and cooperate with providers ‘‘SEC. 206. HEALTH SERVICES RESEARCH. available), specially equipped vehicle, and of related health and social services in order ‘‘(a) IN GENERAL.—The Secretary, acting ambulance; and to avoid duplication of existing services; and through the Service, shall make funding ‘‘(3) transportation by such other means as ‘‘(C) demonstrate cooperation from Indian available for research to further the per- may be available and required when air or Tribes or Urban Indian Organizations in the formance of the health service responsibil- motor vehicle transportation is not avail- area to be served. ities of Indian Health Programs. able. ‘‘(5) USE OF FUNDS.—A grant awarded under ‘‘(b) COORDINATION OF RESOURCES AND AC- ‘‘SEC. 209. EPIDEMIOLOGY CENTERS. paragraph (1) may be used— TIVITIES.—The Secretary shall also, to the ‘‘(a) ESTABLISHMENT OF CENTERS.—The Sec- ‘‘(A) to carry out the functions described maximum extent practicable, coordinate de- retary shall establish an epidemiology cen- in subsection (b); partmental research resources and activities ter in each Service Area to carry out the ‘‘(B) to provide information to and consult to address relevant Indian Health Program functions described in subsection (b). Any with tribal leaders, urban Indian community research needs. new center established after the date of en- leaders, and related health staff on health ‘‘(c) AVAILABILITY.—Tribal Health Pro- actment of the Indian Health Care Improve- care and health service management issues; grams shall be given an equal opportunity to ment Act Amendments of 2008 may be oper- and compete for, and receive, research funds ated under a grant authorized by subsection ‘‘(C) in collaboration with Indian Tribes, under this section. (d), but funding under such a grant shall not Tribal Organizations, and urban Indian com- ‘‘(d) USE OF FUNDS.—This funding may be be divisible. munities, to provide the Service with infor- used for both clinical and nonclinical re- ‘‘(b) FUNCTIONS OF CENTERS.—In consulta- mation regarding ways to improve the search. tion with and upon the request of Indian health status of Indians. Tribes, Tribal Organizations, and Urban In- ‘‘(e) EVALUATION AND DISSEMINATION.—The ‘‘(e) ACCESS TO INFORMATION.—The Sec- Secretary shall periodically— dian communities, each Service Area epide- retary shall grant epidemiology centers op- miology center established under this sec- ‘‘(1) evaluate the impact of research con- erated by a grantee pursuant to a grant tion shall, with respect to such Service ducted under this section; and awarded under subsection (d) access to use of Area— ‘‘(2) disseminate to Tribal Health Pro- the data, data sets, monitoring systems, de- ‘‘(1) collect data relating to, and monitor grams information regarding that research livery systems, and other protected health progress made toward meeting, each of the as the Secretary determines to be appro- information in the possession of the Sec- health status objectives of the Service, the priate. retary. Such activities shall be for the pur- Indian Tribes, Tribal Organizations, and poses of research and for preventing and con- ‘‘SEC. 207. MAMMOGRAPHY AND OTHER CANCER Urban Indian communities in the Service SCREENING. trolling disease, injury, or disability for pur- Area; ‘‘The Secretary, acting through the Serv- poses of the Health Insurance Portability ‘‘(2) evaluate existing delivery systems, ice or Tribal Health Programs, shall provide and Accountability Act of 1996 (Public Law data systems, and other systems that impact for screening as follows: 104–191; 110 Stat. 2033), as such activities are the improvement of Indian health; ‘‘(1) Screening mammography (as defined described in part 164.512 of title 45, Code of ‘‘(3) assist Indian Tribes, Tribal Organiza- in section 1861(jj) of the Social Security Act) Federal regulations (or a successor regula- tions, and Urban Indian Organizations in for Indian women at a frequency appropriate tion). identifying their highest priority health sta- to such women under accepted and appro- tus objectives and the services needed to ‘‘SEC. 210. COMPREHENSIVE SCHOOL HEALTH priate national standards, and under such achieve such objectives, based on epidemio- EDUCATION PROGRAMS. terms and conditions as are consistent with logical data; ‘‘(a) FUNDING FOR DEVELOPMENT OF PRO- standards established by the Secretary to en- ‘‘(4) make recommendations for the tar- GRAMS.—In addition to carrying out any sure the safety and accuracy of screening geting of services needed by the populations other program for health promotion or dis- mammography under part B of title XVIII of served; ease prevention, the Secretary, acting such Act. ‘‘(5) make recommendations to improve through the Service, is authorized to award ‘‘(2) Other cancer screening that receives health care delivery systems for Indians and grants to Indian Tribes and Tribal Organiza- an A or B rating as recommended by the Urban Indians; tions to develop comprehensive school United States Preventive Services Task ‘‘(6) provide requested technical assistance health education programs for children from Force established under section 915(a)(1) of to Indian Tribes, Tribal Organizations, and pre-school through grade 12 in schools for the Public Health Service Act (42 U.S.C. Urban Indian Organizations in the develop- the benefit of Indian and Urban Indian chil- 299b–4(a)(1)). The Secretary shall ensure that ment of local health service priorities and dren. screening provided for under this paragraph incidence and prevalence rates of disease and ‘‘(b) USE OF GRANT FUNDS.—A grant award- complies with the recommendations of the other illness in the community; and ed under this section may be used for pur- Task Force with respect to— ‘‘(7) provide disease surveillance and assist poses which may include, but are not limited ‘‘(A) frequency; Indian Tribes, Tribal Organizations, and to, the following: ‘‘(B) the population to be served; Urban Indian communities to promote public ‘‘(1) Developing health education materials ‘‘(C) the procedure or technology to be health. both for regular school programs and after- used; ‘‘(c) TECHNICAL ASSISTANCE.—The Director school programs. ‘‘(D) evidence of effectiveness; and of the Centers for Disease Control and Pre- ‘‘(2) Training teachers in comprehensive ‘‘(E) other matters that the Secretary de- vention shall provide technical assistance to school health education materials. termines appropriate. the centers in carrying out the requirements ‘‘(3) Integrating school-based, community- ‘‘SEC. 208. PATIENT TRAVEL COSTS. of this section. based, and other public and private health ‘‘(a) DEFINITION OF QUALIFIED ESCORT.—In ‘‘(d) GRANTS FOR STUDIES.— promotion efforts. this section, the term ‘qualified escort’ ‘‘(1) IN GENERAL.—The Secretary may make ‘‘(4) Encouraging healthy, tobacco-free means— grants to Indian Tribes, Tribal Organiza- school environments. ‘‘(1) an adult escort (including a parent, tions, Indian organizations, and eligible ‘‘(5) Coordinating school-based health pro- guardian, or other family member) who is re- intertribal consortia to conduct epidemio- grams with existing services and programs quired because of the physical or mental con- logical studies of Indian communities. available in the community. dition, or age, of the applicable patient; ‘‘(2) ELIGIBLE INTERTRIBAL CONSORTIA.—An ‘‘(6) Developing school programs on nutri- ‘‘(2) a health professional for the purpose of intertribal consortium or Indian organiza- tion education, personal health, oral health, providing necessary medical care during tion is eligible to receive a grant under this and fitness. travel by the applicable patient; or subsection if— ‘‘(7) Developing behavioral health wellness ‘‘(3) other escorts, as the Secretary or ap- ‘‘(A) the intertribal consortium is incor- programs. plicable Indian Health Program determines porated for the primary purpose of improv- ‘‘(8) Developing chronic disease prevention to be appropriate. ing Indian health; and programs. ‘‘(b) PROVISION OF FUNDS.—The Secretary, ‘‘(B) the intertribal consortium is rep- ‘‘(9) Developing substance abuse prevention acting through the Service and Tribal Health resentative of the Indian Tribes or urban In- programs. Programs, is authorized to provide funds for dian communities in which the intertribal ‘‘(10) Developing injury prevention and the following patient travel costs, including consortium is located. safety education programs. qualified escorts, associated with receiving ‘‘(3) APPLICATIONS.—An application for a ‘‘(11) Developing activities for the preven- health care services provided (either through grant under this subsection shall be sub- tion and control of communicable diseases. direct or contract care or through a contract mitted in such manner and at such time as ‘‘(12) Developing community and environ- or compact under the Indian Self-Determina- the Secretary shall prescribe. mental health education programs that in- tion and Education Assistance Act (25 U.S.C. ‘‘(4) REQUIREMENTS.—An applicant for a clude traditional health care practitioners. 450 et seq.)) under this Act— grant under this subsection shall— ‘‘(13) Violence prevention.

VerDate Mar 15 2010 22:12 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00111 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JA8.REC S22JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S124 CONGRESSIONAL RECORD — SENATE January 22, 2008 ‘‘(14) Such other health issues as are appro- sistance in the implementation of such mod- ‘‘(1) The term ‘assisted living services’ priate. els. means any service provided by an assisted ‘‘(c) TECHNICAL ASSISTANCE.—Upon request, ‘‘(d) CRITERIA FOR REVIEW AND APPROVAL living facility (as defined in section 232(b) of the Secretary, acting through the Service, OF APPLICATIONS.—The Secretary, in con- the National Housing Act (12 U.S.C. shall provide technical assistance to Indian sultation with Indian Tribes and Tribal Or- 1715w(b))), except that such an assisted living Tribes and Tribal Organizations in the devel- ganizations, and in conference with Urban facility— opment of comprehensive health education Indian Organizations, shall establish criteria ‘‘(A) shall not be required to obtain a li- plans and the dissemination of comprehen- for the review and approval of applications cense; but sive health education materials and informa- or proposals under this section. ‘‘(B) shall meet all applicable standards for tion on existing health programs and re- ‘‘SEC. 212. PREVENTION, CONTROL, AND ELIMI- licensure. sources. NATION OF COMMUNICABLE AND IN- ‘‘(2) The term ‘home- and community- ‘‘(d) CRITERIA FOR REVIEW AND APPROVAL FECTIOUS DISEASES. based services’ means 1 or more of the serv- OF APPLICATIONS.—The Secretary, acting ‘‘(a) GRANTS AUTHORIZED.—The Secretary, ices specified in paragraphs (1) through (9) of through the Service, and in consultation acting through the Service, and after con- section 1929(a) of the Social Security Act (42 with Indian Tribes and Tribal Organizations, sultation with the Centers for Disease Con- U.S.C. 1396t(a)) (whether provided by the shall establish criteria for the review and ap- trol and Prevention, may make grants avail- Service or by an Indian Tribe or Tribal Orga- proval of applications for grants awarded able to Indian Tribes and Tribal Organiza- nization pursuant to the Indian Self-Deter- under this section. tions for the following: mination and Education Assistance Act (25 ‘‘(e) DEVELOPMENT OF PROGRAM FOR BIA- ‘‘(1) Projects for the prevention, control, U.S.C. 450 et seq.)) that are or will be pro- FUNDED SCHOOLS.— and elimination of communicable and infec- vided in accordance with applicable stand- ‘‘(1) IN GENERAL.—The Secretary of the In- tious diseases, including tuberculosis, hepa- ards. terior, acting through the Bureau of Indian titis, HIV, respiratory syncytial virus, hanta ‘‘(3) The term ‘hospice care’ means the Affairs and in cooperation with the Sec- virus, sexually transmitted diseases, and H. items and services specified in subpara- retary, acting through the Service, and af- Pylori. graphs (A) through (H) of section 1861(dd)(1) fected Indian Tribes and Tribal Organiza- ‘‘(2) Public information and education pro- of the Social Security Act (42 U.S.C. tions, shall develop a comprehensive school grams for the prevention, control, and elimi- 1395x(dd)(1)), and such other services which health education program for children from nation of communicable and infectious dis- an Indian Tribe or Tribal Organization deter- preschool through grade 12 in schools for eases. mines are necessary and appropriate to pro- which support is provided by the Bureau of ‘‘(3) Education, training, and clinical skills vide in furtherance of this care. Indian Affairs. improvement activities in the prevention, ‘‘(4) The term ‘long-term care services’ has ‘‘(2) REQUIREMENTS FOR PROGRAMS.—Such control, and elimination of communicable the meaning given the term ‘qualified long- programs shall include— and infectious diseases for health profes- term care services’ in section 7702B(c) of the ‘‘(A) school programs on nutrition edu- sionals, including allied health professionals. Internal Revenue Code of 1986. cation, personal health, oral health, and fit- ‘‘(4) Demonstration projects for the screen- ‘‘(d) AUTHORIZATION OF CONVENIENT CARE ness; ing, treatment, and prevention of hepatitis C SERVICES.—The Secretary, acting through ‘‘(B) behavioral health wellness programs; virus (HCV). the Service, Indian Tribes, and Tribal Orga- ‘‘(C) chronic disease prevention programs; ‘‘(b) APPLICATION REQUIRED.—The Sec- nizations, may also provide funding under ‘‘(D) substance abuse prevention programs; retary may provide funding under subsection this Act to meet the objectives set forth in ‘‘(E) injury prevention and safety edu- (a) only if an application or proposal for section 3 of this Act for convenient care cation programs; and funding is submitted to the Secretary. services programs pursuant to section ‘‘(F) activities for the prevention and con- ‘‘(c) COORDINATION WITH HEALTH AGEN- 306(c)(2)(A). trol of communicable diseases. CIES.—Indian Tribes and Tribal Organiza- ‘‘SEC. 214. INDIAN WOMEN’S HEALTH CARE. ‘‘(3) DUTIES OF THE SECRETARY.—The Sec- tions receiving funding under this section ‘‘The Secretary, acting through the Serv- retary of the Interior shall— are encouraged to coordinate their activities ice and Indian Tribes, Tribal Organizations, ‘‘(A) provide training to teachers in com- with the Centers for Disease Control and and Urban Indian Organizations, shall mon- prehensive school health education mate- Prevention and State and local health agen- itor and improve the quality of health care rials; cies. for Indian women of all ages through the ‘‘(B) ensure the integration and coordina- ‘‘(d) TECHNICAL ASSISTANCE; REPORT.—In planning and delivery of programs adminis- tion of school-based programs with existing carrying out this section, the Secretary— tered by the Service, in order to improve and services and health programs available in ‘‘(1) may, at the request of an Indian Tribe enhance the treatment models of care for In- the community; and or Tribal Organization, provide technical as- dian women. ‘‘(C) encourage healthy, tobacco-free sistance; and ‘‘SEC. 215. ENVIRONMENTAL AND NUCLEAR school environments. ‘‘(2) shall prepare and submit a report to HEALTH HAZARDS. ‘‘SEC. 211. INDIAN YOUTH PROGRAM. Congress biennially on the use of funds under ‘‘(a) STUDIES AND MONITORING.—The Sec- ‘‘(a) PROGRAM AUTHORIZED.—The Sec- this section and on the progress made toward retary and the Service shall conduct, in con- retary, acting through the Service, is au- the prevention, control, and elimination of junction with other appropriate Federal thorized to establish and administer a pro- communicable and infectious diseases among agencies and in consultation with concerned gram to provide grants to Indian Tribes, Indians and Urban Indians. Indian Tribes and Tribal Organizations, stud- Tribal Organizations, and Urban Indian Or- ‘‘SEC. 213. OTHER AUTHORITY FOR PROVISION OF ies and ongoing monitoring programs to de- ganizations for innovative mental and phys- SERVICES. termine trends in the health hazards to In- ical disease prevention and health promotion ‘‘(a) FUNDING AUTHORIZED.—The Secretary, dian miners and to Indians on or near res- and treatment programs for Indian pre- acting through the Service, Indian Tribes, ervations and Indian communities as a result adolescent and adolescent youths. and Tribal Organizations, may provide fund- of environmental hazards which may result ‘‘(b) USE OF FUNDS.— ing under this Act to meet the objectives set in chronic or life threatening health prob- ‘‘(1) ALLOWABLE USES.—Funds made avail- forth in section 3 of this Act through health lems, such as nuclear resource development, able under this section may be used to— care-related services and programs not oth- petroleum contamination, and contamina- ‘‘(A) develop prevention and treatment erwise described in this Act for the following tion of water sources and of the food chain. programs for Indian youth which promote services: Such studies shall include— mental and physical health and incorporate ‘‘(1) Hospice care. ‘‘(1) an evaluation of the nature and extent cultural values, community and family in- ‘‘(2) Assisted living services. of health problems caused by environmental volvement, and traditional health care prac- ‘‘(3) Long-term care services. hazards currently exhibited among Indians titioners; and ‘‘(4) Home- and community-based services. and the causes of such health problems; ‘‘(B) develop and provide community train- ‘‘(b) ELIGIBILITY.—The following individ- ‘‘(2) an analysis of the potential effect of ing and education. uals shall be eligible to receive long-term ongoing and future environmental resource ‘‘(2) PROHIBITED USE.—Funds made avail- care under this section: development on or near reservations and In- able under this section may not be used to ‘‘(1) Individuals who are unable to perform dian communities, including the cumulative provide services described in section 707(c). a certain number of activities of daily living effect over time on health; ‘‘(c) DUTIES OF THE SECRETARY.—The Sec- without assistance. ‘‘(3) an evaluation of the types and nature retary shall— ‘‘(2) Individuals with a mental impairment, of activities, practices, and conditions caus- ‘‘(1) disseminate to Indian Tribes and Trib- such as dementia, Alzheimer’s disease, or an- ing or affecting such health problems, in- al Organizations information regarding mod- other disabling mental illness, who may be cluding uranium mining and milling, ura- els for the delivery of comprehensive health able to perform activities of daily living nium mine tailing deposits, nuclear power care services to Indian and Urban Indian under supervision. plant operation and construction, and nu- adolescents; ‘‘(3) Such other individuals as an applica- clear waste disposal; oil and gas production ‘‘(2) encourage the implementation of such ble Indian Health Program determines to be or transportation on or near reservations or models; and appropriate. Indian communities; and other development ‘‘(3) at the request of an Indian Tribe or ‘‘(c) DEFINITIONS.—For the purposes of this that could affect the health of Indians and Tribal Organization, provide technical as- section, the following definitions shall apply: their water supply and food chain;

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‘‘(4) a summary of any findings and rec- ronmental hazard, suffers from a work-re- ‘‘(d) LIMITATION ON PAYMENT.—No payment ommendations provided in Federal and State lated illness or condition; may be made for treatment provided here- studies, reports, investigations, and inspec- ‘‘(2) is eligible to receive diagnosis and under to the extent payment may be made tions during the 5 years prior to the date of treatment services from an Indian Health for such treatment under the Indian Cata- enactment of the Indian Health Care Im- Program; and strophic Health Emergency Fund described provement Act Amendments of 2008 that di- ‘‘(3) by reason of such Indian’s employ- in section 202 or from amounts appropriated rectly or indirectly relate to the activities, ment, is entitled to medical care at the ex- or otherwise made available to the Cali- practices, and conditions affecting the pense of such mine or mill operator or entity fornia contract health service delivery area health or safety of such Indians; and responsible for the environmental hazard, for a fiscal year. ‘‘(5) the efforts that have been made by the Indian Health Program shall, at the re- ‘‘(e) ADVISORY BOARD.—There is estab- Federal and State agencies and resource and quest of such Indian, render appropriate lished an advisory board which shall advise economic development companies to effec- medical care to such Indian for such illness the CRIHB in carrying out this section. The tively carry out an education program for or condition and may be reimbursed for any advisory board shall be composed of rep- such Indians regarding the health and safety medical care so rendered to which such In- resentatives, selected by the CRIHB, from hazards of such development. dian is entitled at the expense of such oper- not less than 8 Tribal Health Programs serv- ‘‘(b) HEALTH CARE PLANS.—Upon comple- ator or entity from such operator or entity. ing California Indians covered under this tion of such studies, the Secretary and the Nothing in this subsection shall affect the section at least 1⁄2 of whom of whom are not Service shall take into account the results of rights of such Indian to recover damages affiliated with the CRIHB. such studies and develop health care plans to other than such amounts paid to the Indian ‘‘SEC. 218. CALIFORNIA AS A CONTRACT HEALTH address the health problems studied under Health Program from the employer for pro- SERVICE DELIVERY AREA. subsection (a). The plans shall include— viding medical care for such illness or condi- ‘‘The State of California, excluding the ‘‘(1) methods for diagnosing and treating tion. counties of Alameda, Contra Costa, Los An- Indians currently exhibiting such health ‘‘SEC. 216. ARIZONA AS A CONTRACT HEALTH geles, Marin, Orange, Sacramento, San Fran- problems; SERVICE DELIVERY AREA. cisco, San Mateo, Santa Clara, Kern, Merced, ‘‘(2) preventive care and testing for Indians ‘‘(a) IN GENERAL.—For fiscal years begin- Monterey, Napa, San Benito, San Joaquin, who may be exposed to such health hazards, ning with the fiscal year ending September San Luis Obispo, Santa Cruz, Solano, including the monitoring of the health of in- 30, 1983, and ending with the fiscal year end- Stanislaus, and Ventura, shall be designated dividuals who have or may have been ex- ing September 30, 2016, the State of Arizona as a contract health service delivery area by posed to excessive amounts of radiation or shall be designated as a contract health serv- the Service for the purpose of providing con- affected by other activities that have had or ice delivery area by the Service for the pur- tract health services to California Indians. could have a serious impact upon the health pose of providing contract health care serv- However, any of the counties listed herein of such individuals; and ices to members of federally recognized In- may only be included in the contract health ‘‘(3) a program of education for Indians dian Tribes of Arizona. services delivery area if funding is specifi- who, by reason of their work or geographic ‘‘(b) MAINTENANCE OF SERVICES.—The Serv- cally provided by the Service for such serv- proximity to such nuclear or other develop- ice shall not curtail any health care services ices in those counties. ment activities, may experience health prob- provided to Indians residing on reservations ‘‘SEC. 219. CONTRACT HEALTH SERVICES FOR lems. in the State of Arizona if such curtailment is THE TRENTON SERVICE AREA. ‘‘(a) AUTHORIZATION FOR SERVICES.—The ‘‘(c) SUBMISSION OF REPORT AND PLAN TO due to the provision of contract services in Secretary, acting through the Service, is di- CONGRESS.—The Secretary and the Service such State pursuant to the designation of shall submit to Congress the study prepared such State as a contract health service deliv- rected to provide contract health services to under subsection (a) no later than 18 months ery area pursuant to subsection (a). members of the Turtle Mountain Band of after the date of enactment of the Indian ‘‘SEC. 216A. NORTH DAKOTA AND SOUTH DAKOTA Chippewa Indians that reside in the Trenton Health Care Improvement Act Amendments AS A CONTRACT HEALTH SERVICE Service Area of Divide, McKenzie, and Wil- DELIVERY AREA. of 2008. The health care plan prepared under liams counties in the State of North Dakota ‘‘(a) IN GENERAL.—Beginning in fiscal year subsection (b) shall be submitted in a report and the adjoining counties of Richland, Roo- 2003, the States of North Dakota and South no later than 1 year after the study prepared sevelt, and Sheridan in the State of Mon- Dakota shall be designated as a contract under subsection (a) is submitted to Con- tana. health service delivery area by the Service ‘‘(b) NO EXPANSION OF ELIGIBILITY.—Noth- gress. Such report shall include rec- for the purpose of providing contract health ing in this section may be construed as ex- ommended activities for the implementation care services to members of federally recog- panding the eligibility of members of the of the plan, as well as an evaluation of any nized Indian Tribes of North Dakota and Turtle Mountain Band of Chippewa Indians activities previously undertaken by the South Dakota. for health services provided by the Service Service to address such health problems. ‘‘(b) LIMITATION.—The Service shall not beyond the scope of eligibility for such ‘‘(d) INTERGOVERNMENTAL TASK FORCE.— curtail any health care services provided to health services that applied on May 1, 1986. ‘‘(1) ESTABLISHMENT; MEMBERS.—There is Indians residing on any reservation, or in established an Intergovernmental Task ‘‘SEC. 220. PROGRAMS OPERATED BY INDIAN any county that has a common boundary TRIBES AND TRIBAL ORGANIZA- Force to be composed of the following indi- with any reservation, in the State of North TIONS. viduals (or their designees): Dakota or South Dakota if such curtailment ‘‘The Service shall provide funds for health ‘‘(A) The Secretary of Energy. is due to the provision of contract services in care programs and facilities operated by ‘‘(B) The Secretary of the Environmental such States pursuant to the designation of Tribal Health Programs on the same basis as Protection Agency. such States as a contract health service de- such funds are provided to programs and fa- ‘‘(C) The Director of the Bureau of Mines. livery area pursuant to subsection (a). cilities operated directly by the Service. ‘‘(D) The Assistant Secretary for Occupa- ‘‘SEC. 217. CALIFORNIA CONTRACT HEALTH SERV- ‘‘SEC. 221. LICENSING. tional Safety and Health. ICES PROGRAM. ‘‘Health care professionals employed by a ‘‘(E) The Secretary of the Interior. ‘‘(a) FUNDING AUTHORIZED.—The Secretary Tribal Health Program shall, if licensed in ‘‘(F) The Secretary of Health and Human is authorized to fund a program using the any State, be exempt from the licensing re- Services. California Rural Indian Health Board (here- quirements of the State in which the Tribal ‘‘(G) The Director. after in this section referred to as the Health Program performs the services de- ‘‘(2) DUTIES.—The Task Force shall— ‘CRIHB’) as a contract care intermediary to scribed in its contract or compact under the ‘‘(A) identify existing and potential oper- improve the accessibility of health services Indian Self-Determination and Education ations related to nuclear resource develop- to California Indians. Assistance Act (25 U.S.C. 450 et seq.). ment or other environmental hazards that ‘‘(b) REIMBURSEMENT CONTRACT.—The Sec- ‘‘SEC. 222. NOTIFICATION OF PROVISION OF affect or may affect the health of Indians on retary shall enter into an agreement with EMERGENCY CONTRACT HEALTH or near a reservation or in an Indian commu- the CRIHB to reimburse the CRIHB for costs SERVICES. nity; and (including reasonable administrative costs) ‘‘With respect to an elderly Indian or an ‘‘(B) enter into activities to correct exist- incurred pursuant to this section, in pro- Indian with a disability receiving emergency ing health hazards and ensure that current viding medical treatment under contract to medical care or services from a non-Service and future health problems resulting from California Indians described in section 806(a) provider or in a non-Service facility under nuclear resource or other development ac- throughout the California contract health the authority of this Act, the time limita- tivities are minimized or reduced. services delivery area described in section tion (as a condition of payment) for noti- ‘‘(3) CHAIRMAN; MEETINGS.—The Secretary 218 with respect to high cost contract care fying the Service of such treatment or ad- of Health and Human Services shall be the cases. mission shall be 30 days. Chairman of the Task Force. The Task Force ‘‘(c) ADMINISTRATIVE EXPENSES.—Not more ‘‘SEC. 223. PROMPT ACTION ON PAYMENT OF shall meet at least twice each year. than 5 percent of the amounts provided to CLAIMS. ‘‘(e) HEALTH SERVICES TO CERTAIN EMPLOY- the CRIHB under this section for any fiscal ‘‘(a) DEADLINE FOR RESPONSE.—The Service EES.—In the case of any Indian who— year may be for reimbursement for adminis- shall respond to a notification of a claim by ‘‘(1) as a result of employment in or near a trative expenses incurred by the CRIHB dur- a provider of a contract care service with ei- uranium mine or mill or near any other envi- ing such fiscal year. ther an individual purchase order or a denial

VerDate Mar 15 2010 22:12 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00113 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JA8.REC S22JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S126 CONGRESSIONAL RECORD — SENATE January 22, 2008 of the claim within 5 working days after the grams under titles XVIII, XIX, and XXI of dian Self-Determination and Education As- receipt of such notification. the Social Security Act by not later than 1 sistance Act (25 U.S.C. 450 et seq.), shall use ‘‘(b) EFFECT OF UNTIMELY RESPONSE.—If year after the date on which the construc- the criteria used by the Secretary in evalu- the Service fails to respond to a notification tion or renovation of such facility is com- ating the needs of facilities operated directly of a claim in accordance with subsection (a), pleted. by the Service. the Service shall accept as valid the claim ‘‘(b) CLOSURES AND REDUCTIONS IN HOURS ‘‘(D) PRIORITY OF CERTAIN PROJECTS PRO- submitted by the provider of a contract care OF SERVICE.— TECTED.—The priority of any project estab- service. ‘‘(1) EVALUATION REQUIRED.—Notwith- lished under the construction priority sys- ‘‘(c) DEADLINE FOR PAYMENT OF VALID standing any other provision of law, no facil- tem in effect on the date of enactment of the CLAIM.—The Service shall pay a valid con- ity operated by the Service, or any portion Indian Health Care Improvement Act tract care service claim within 30 days after of such facility, may be closed or have the Amendments of 2008 shall not be affected by the completion of the claim. hours of service of the facility reduced if the any change in the construction priority sys- ‘‘SEC. 224. LIABILITY FOR PAYMENT. Secretary has not submitted to Congress not tem taking place after that date if the ‘‘(a) NO PATIENT LIABILITY.—A patient who less than 1 year, and not more than 2 years, project— receives contract health care services that before the date of the proposed closure or re- ‘‘(i) was identified in the fiscal year 2008 are authorized by the Service shall not be duction in hours of service an evaluation, Service budget justification as— liable for the payment of any charges or completed not more than 2 years before the ‘‘(I) 1 of the 10 top-priority inpatient costs associated with the provision of such submission, of the impact of the proposed projects; services. closure or reduction in hours of service that ‘‘(II) 1 of the 10 top-priority outpatient ‘‘(b) NOTIFICATION.—The Secretary shall specifies, in addition to other consider- projects; notify a contract care provider and any pa- ations— ‘‘(III) 1 of the 10 top-priority staff quarters tient who receives contract health care serv- ‘‘(A) the accessibility of alternative health developments; or ices authorized by the Service that such pa- care resources for the population served by ‘‘(IV) 1 of the 10 top-priority Youth Re- tient is not liable for the payment of any such facility; gional Treatment Centers; charges or costs associated with the provi- ‘‘(B) the cost-effectiveness of such closure ‘‘(ii) had completed both Phase I and Phase sion of such services not later than 5 busi- or reduction in hours of service; II of the construction priority system in ef- ness days after receipt of a notification of a ‘‘(C) the quality of health care to be pro- fect on the date of enactment of such Act; or claim by a provider of contract care services. vided to the population served by such facil- ‘‘(iii) is not included in clause (i) or (ii) and ‘‘(c) NO RECOURSE.—Following receipt of ity after such closure or reduction in hours is selected, as determined by the Secretary— the notice provided under subsection (b), or, of service; ‘‘(I) on the initiative of the Secretary; or if a claim has been deemed accepted under ‘‘(D) the availability of contract health ‘‘(II) pursuant to a request of an Indian section 223(b), the provider shall have no fur- care funds to maintain existing levels of Tribe or Tribal Organization. ther recourse against the patient who re- service; ‘‘(2) REPORT; CONTENTS.— ceived the services. ‘‘(E) the views of the Indian Tribes served ‘‘(A) INITIAL COMPREHENSIVE REPORT.— by such facility concerning such closure or ‘‘(i) DEFINITIONS.—In this subparagraph: ‘‘SEC. 225. OFFICE OF INDIAN MEN’S HEALTH. reduction in hours of service; ‘‘(I) FACILITIES APPROPRIATION ADVISORY ‘‘(a) ESTABLISHMENT.—The Secretary may ‘‘(F) the level of use of such facility by all BOARD.—The term ‘Facilities Appropriation establish within the Service an office to be eligible Indians; and Advisory Board’ means the advisory board, known as the ‘Office of Indian Men’s Health’ ‘‘(G) the distance between such facility and comprised of 12 members representing Indian (referred to in this section as the ‘Office’). the nearest operating Service hospital. tribes and 2 members representing the Serv- ‘‘(b) DIRECTOR.— ‘‘(2) EXCEPTION FOR CERTAIN TEMPORARY ice, established at the discretion of the Di- ‘‘(1) IN GENERAL.—The Office shall be head- CLOSURES AND REDUCTIONS.—Paragraph (1) rector— ed by a director, to be appointed by the Sec- shall not apply to any temporary closure or ‘‘(aa) to provide advice and recommenda- retary. reduction in hours of service of a facility or tions for policies and procedures of the pro- ‘‘(2) DUTIES.—The director shall coordinate any portion of a facility if such closure or re- grams funded pursuant to facilities appro- and promote the status of the health of In- duction in hours of service is necessary for priations; and dian men in the United States. medical, environmental, or construction ‘‘(bb) to address other facilities issues. ‘‘(c) REPORT.—Not later than 2 years after safety reasons. ‘‘(II) FACILITIES NEEDS ASSESSMENT the date of enactment of the Indian Health ‘‘(c) HEALTH CARE FACILITY PRIORITY SYS- WORKGROUP.—The term ‘Facilities Needs As- Care Improvement Act Amendments of 2008, TEM.— sessment Workgroup’ means the workgroup the Secretary, acting through the director of ‘‘(1) IN GENERAL.— established at the discretion of the Direc- the Office, shall submit to Congress a report ‘‘(A) PRIORITY SYSTEM.—The Secretary, tor— describing— acting through the Service, shall maintain a ‘‘(aa) to review the health care facilities ‘‘(1) any activity carried out by the direc- health care facility priority system, which— construction priority system; and tor as of the date on which the report is pre- ‘‘(i) shall be developed in consultation with ‘‘(bb) to make recommendations to the Fa- pared; and Indian Tribes and Tribal Organizations; cilities Appropriation Advisory Board for re- ‘‘(2) any finding of the director with re- ‘‘(ii) shall give Indian Tribes’ needs the vising the priority system. spect to the health of Indian men. highest priority; ‘‘(ii) INITIAL REPORT.— ‘‘SEC. 226. AUTHORIZATION OF APPROPRIATIONS. ‘‘(iii)(I) may include the lists required in ‘‘(I) IN GENERAL.—Not later than 1 year ‘‘There are authorized to be appropriated paragraph (2)(B)(ii); and after the date of enactment of the Indian such sums as may be necessary for each fis- ‘‘(II) shall include the methodology re- Health Care Improvement Act Amendments cal year through fiscal year 2017 to carry out quired in paragraph (2)(B)(v); and of 2008, the Secretary shall submit to the this title. ‘‘(III) may include such other facilities, Committee on Indian Affairs of the Senate ‘‘TITLE III—FACILITIES and such renovation or expansion needs of and the Committee on Natural Resources of ‘‘SEC. 301. CONSULTATION; CONSTRUCTION AND any health care facility, as the Service, In- the House of Representatives a report that RENOVATION OF FACILITIES; RE- dian Tribes, and Tribal Organizations may describes the comprehensive, national, PORTS. identify; and ranked list of all health care facilities needs ‘‘(a) PREREQUISITES FOR EXPENDITURE OF ‘‘(iv) shall provide an opportunity for the for the Service, Indian Tribes, and Tribal Or- FUNDS.—Prior to the expenditure of, or the nomination of planning, design, and con- ganizations (including inpatient health care making of any binding commitment to ex- struction projects by the Service, Indian facilities, outpatient health care facilities, pend, any funds appropriated for the plan- Tribes, and Tribal Organizations for consid- specialized health care facilities (such as for ning, design, construction, or renovation of eration under the priority system at least long-term care and alcohol and drug abuse facilities pursuant to the Act of November 2, once every 3 years, or more frequently as the treatment), wellness centers, staff quarters 1921 (25 U.S.C. 13) (commonly known as the Secretary determines to be appropriate. and hostels associated with health care fa- ‘Snyder Act’), the Secretary, acting through ‘‘(B) NEEDS OF FACILITIES UNDER ISDEAA cilities, and the renovation and expansion the Service, shall— AGREEMENTS.—The Secretary shall ensure needs, if any, of such facilities) developed by ‘‘(1) consult with any Indian Tribe that that the planning, design, construction, ren- the Service, Indian Tribes, and Tribal Orga- would be significantly affected by such ex- ovation, and expansion needs of Service and nizations for the Facilities Needs Assess- penditure for the purpose of determining non-Service facilities operated under con- ment Workgroup and the Facilities Appro- and, whenever practicable, honoring tribal tracts or compacts in accordance with the priation Advisory Board. preferences concerning size, location, type, Indian Self-Determination and Education ‘‘(II) INCLUSIONS.—The initial report shall and other characteristics of any facility on Assistance Act (25 U.S.C. 450 et seq.) are include— which such expenditure is to be made; and fully and equitably integrated into the ‘‘(aa) the methodology and criteria used by ‘‘(2) ensure, whenever practicable and ap- health care facility priority system. the Service in determining the needs and es- plicable, that such facility meets the con- ‘‘(C) CRITERIA FOR EVALUATING NEEDS.—For tablishing the ranking of the facilities needs; struction standards of any accrediting body purposes of this subsection, the Secretary, in and recognized by the Secretary for the purposes evaluating the needs of facilities operated ‘‘(bb) such other information as the Sec- of the Medicare, Medicaid, and SCHIP pro- under a contract or compact under the In- retary determines to be appropriate.

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‘‘(iii) UPDATES OF REPORT.—Beginning in ‘‘(f) DEVELOPMENT OF INNOVATIVE AP- partment of Housing and Urban Develop- calendar year 2011, the Secretary shall— PROACHES.—The Secretary shall consult and ment; ‘‘(I) update the report under clause (ii) not cooperate with Indian Tribes and Tribal Or- ‘‘(4) the Secretary of Health and Human less frequently that once every 5 years; and ganizations, and confer with Urban Indian Services is authorized to accept from any ‘‘(II) include the updated report in the ap- Organizations, in developing innovative ap- source, including Federal and State agen- propriate annual report under subparagraph proaches to address all or part of the total cies, funds for the purpose of providing sani- (B) for submission to Congress under section unmet need for construction of health facili- tation facilities and services and place these 801. ties, including those provided for in other funds into contracts or compacts under the ‘‘(B) ANNUAL REPORTS.—The Secretary sections of this title and other approaches. Indian Self-Determination and Education shall submit to the President, for inclusion ‘‘SEC. 302. SANITATION FACILITIES. Assistance Act (25 U.S.C. 450 et seq.); in the report required to be transmitted to ‘‘(a) FINDINGS.—Congress finds the fol- ‘‘(5) the Secretary is authorized to estab- Congress under section 801, a report which lowing: lish a program under which the Secretary sets forth the following: ‘‘(1) The provision of sanitation facilities is may, in accordance with this subsection and ‘‘(i) A description of the health care facil- primarily a health consideration and func- with paragraphs (2), (3), (4), and (5) of section ity priority system of the Service estab- tion. 330(d) of the Public Health Service Act (42 lished under paragraph (1). ‘‘(2) Indian people suffer an inordinately U.S.C. 254b(d)) related to a loan guarantee ‘‘(ii) Health care facilities lists, which may high incidence of disease, injury, and illness program, guarantee the principal and inter- include— directly attributable to the absence or inad- est on loans made by lenders to Indian ‘‘(I) the 10 top-priority inpatient health equacy of sanitation facilities. Tribes for new projects to construct eligible care facilities; ‘‘(3) The long-term cost to the United sanitation facilities to serve Indian homes, ‘‘(II) the 10 top-priority outpatient health States of treating and curing such disease, but only to the extent that appropriations care facilities; injury, and illness is substantially greater are provided in advance specifically for such ‘‘(III) the 10 top-priority specialized health than the short-term cost of providing sanita- program, and without reducing funds made care facilities (such as long-term care and al- tion facilities and other preventive health available for the provision of domestic and cohol and drug abuse treatment); measures. community sanitation facilities for Indians, ‘‘(IV) the 10 top-priority staff quarters de- ‘‘(4) Many Indian homes and Indian com- as authorized by section 7 of the Act of Au- velopments associated with health care fa- munities still lack sanitation facilities. gust 5, 1954 (42 U.S.C. 2004a), the Indian Self- cilities; and ‘‘(5) It is in the interest of the United Determination and Education Assistance Act ‘‘(V) the 10 top-priority hostels associated States, and it is the policy of the United (25 U.S.C. 450 et seq.), and this Act; with health care facilities. States, that all Indian communities and In- ‘‘(6) except as otherwise prohibited by this ‘‘(iii) The justification for such order of dian homes, new and existing, be provided section, the Secretary may use funds appro- priority. with sanitation facilities. priated under the authority of section 7 of ‘‘(iv) The projected cost of such projects. ‘‘(b) FACILITIES AND SERVICES.—In further- the Act of August 5, 1954 (42 U.S.C. 2004a) to ‘‘(v) The methodology adopted by the Serv- ance of the findings made in subsection (a), meet matching or cost participation require- ice in establishing priorities under its health Congress reaffirms the primary responsi- ments under other Federal and non-Federal care facility priority system. bility and authority of the Service to provide programs for new projects to construct eligi- ‘‘(3) REQUIREMENTS FOR PREPARATION OF RE- the necessary sanitation facilities and serv- ble sanitation facilities; PORTS.—In preparing the report required ices as provided in section 7 of the Act of Au- ‘‘(7) all Federal agencies are authorized to under paragraph (2), the Secretary shall— gust 5, 1954 (42 U.S.C. 2004a). Under such au- transfer to the Secretary funds identified, ‘‘(A) consult with and obtain information thority, the Secretary, acting through the granted, loaned, or appropriated whereby the on all health care facilities needs from In- Service, is authorized to provide the fol- Department’s applicable policies, rules, and dian Tribes and Tribal Organizations; and lowing: regulations shall apply in the implementa- ‘‘(B) review the total unmet needs of all In- ‘‘(1) Financial and technical assistance to tion of such projects; dian Tribes and Tribal Organizations for Indian Tribes, Tribal Organizations, and In- ‘‘(8) the Secretary of Health and Human health care facilities (including hostels and dian communities in the establishment, Services shall enter into interagency agree- staff quarters), including needs for renova- training, and equipping of utility organiza- ments with Federal and State agencies for tion and expansion of existing facilities. tions to operate and maintain sanitation fa- the purpose of providing financial assistance ‘‘(d) REVIEW OF METHODOLOGY USED FOR cilities, including the provision of existing for sanitation facilities and services under HEALTH FACILITIES CONSTRUCTION PRIORITY plans, standard details, and specifications this Act; SYSTEM.— available in the Department, to be used at ‘‘(9) the Secretary of Health and Human ‘‘(1) IN GENERAL.—Not later than 1 year the option of the Indian Tribe, Tribal Orga- Services shall, by regulation, establish after the establishment of the priority sys- nization, or Indian community. standards applicable to the planning, design, tem under subsection (c)(1)(A), the Comp- ‘‘(2) Ongoing technical assistance and and construction of sanitation facilities troller General of the United States shall training to Indian Tribes, Tribal Organiza- funded under this Act; and prepare and finalize a report reviewing the tions, and Indian communities in the man- ‘‘(10) the Secretary of Health and Human methodologies applied, and the processes fol- agement of utility organizations which oper- Services is authorized to accept payments lowed, by the Service in making each assess- ate and maintain sanitation facilities. for goods and services furnished by the Serv- ment of needs for the list under subsection ‘‘(3) Priority funding for operation and ice from appropriate public authorities, non- (c)(2)(A)(ii) and developing the priority sys- maintenance assistance for, and emergency profit organizations or agencies, or Indian tem under subsection (c)(1), including a re- repairs to, sanitation facilities operated by Tribes, as contributions by that authority, view of— an Indian Tribe, Tribal Organization or In- organization, agency, or tribe to agreements ‘‘(A) the recommendations of the Facilities dian community when necessary to avoid an made under section 7 of the Act of August 5, Appropriation Advisory Board and the Fa- imminent health threat or to protect the in- 1954 (42 U.S.C. 2004a), and such payments cilities Needs Assessment Workgroup (as vestment in sanitation facilities and the in- shall be credited to the same or subsequent those terms are defined in subsection vestment in the health benefits gained appropriation account as funds appropriated (c)(2)(A)(i)); and through the provision of sanitation facili- under the authority of section 7 of the Act of ‘‘(B) the relevant criteria used in ranking ties. August 5, 1954 (42 U.S.C. 2004a). or prioritizing facilities other than hospitals ‘‘(c) FUNDING.—Notwithstanding any other ‘‘(d) CERTAIN CAPABILITIES NOT PRE- or clinics. provision of law— REQUISITE.—The financial and technical ca- ‘‘(2) SUBMISSION TO CONGRESS.—The Comp- ‘‘(1) the Secretary of Housing and Urban pability of an Indian Tribe, Tribal Organiza- troller General of the United States shall Development is authorized to transfer funds tion, or Indian community to safely operate, manage, and maintain a sanitation facility submit the report under paragraph (1) to— appropriated under the Native American shall not be a prerequisite to the provision ‘‘(A) the Committees on Indian Affairs and Housing Assistance and Self-Determination or construction of sanitation facilities by Appropriations of the Senate; Act of 1996 (25 U.S.C. 4101 et seq.) to the Sec- the Secretary. ‘‘(B) the Committees on Natural Resources retary of Health and Human Services; ‘‘(e) FINANCIAL ASSISTANCE.—The Sec- and Appropriations of the House of Rep- ‘‘(2) the Secretary of Health and Human retary is authorized to provide financial as- resentatives; and Services is authorized to accept and use such sistance to Indian Tribes, Tribal Organiza- ‘‘(C) the Secretary. funds for the purpose of providing sanitation tions, and Indian communities for operation, ‘‘(e) FUNDING CONDITION.—All funds appro- facilities and services for Indians under sec- management, and maintenance of their sani- priated under the Act of November 2, 1921 (25 tion 7 of the Act of August 5, 1954 (42 U.S.C. tation facilities. U.S.C. 13) (commonly known as the ‘Snyder 2004a); ‘‘(f) OPERATION, MANAGEMENT, AND MAINTE- Act’), for the planning, design, construction, ‘‘(3) unless specifically authorized when NANCE OF FACILITIES.—The Indian Tribe has or renovation of health facilities for the ben- funds are appropriated, the Secretary shall the primary responsibility to establish, col- efit of 1 or more Indian Tribes shall be sub- not use funds appropriated under section 7 of lect, and use reasonable user fees, or other- ject to the provisions of the Indian Self-De- the Act of August 5, 1954 (42 U.S.C. 2004a), to wise set aside funding, for the purpose of op- termination and Education Assistance Act provide sanitation facilities to new homes erating, managing, and maintaining sanita- (25 U.S.C. 450 et seq.). constructed using funds provided by the De- tion facilities. If a sanitation facility serving

VerDate Mar 15 2010 22:12 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00115 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JA8.REC S22JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S128 CONGRESSIONAL RECORD — SENATE January 22, 2008 a community that is operated by an Indian ‘‘(ii) capital improvements that are nec- ‘‘(6) other necessary components of con- Tribe or Tribal Organization is threatened essary to enlarge or improve the facilities in tract performance. with imminent failure and such operator order to meet the current needs for domestic ‘‘(b) LABOR STANDARDS.— lacks capacity to maintain the integrity or sanitation facilities; or ‘‘(1) IN GENERAL.—For the purposes of im- the health benefits of the sanitation facility, ‘‘(iii) the lack of equipment or training by plementing the provisions of this title, con- then the Secretary is authorized to assist an Indian Tribe, Tribal Organization, or an tracts for the construction or renovation of the Indian Tribe, Tribal Organization, or In- Indian community to properly operate and health care facilities, staff quarters, and dian community in the resolution of the maintain the sanitation facilities. sanitation facilities, and related support in- problem on a short-term basis through co- ‘‘(C) A level III deficiency exists if a sani- frastructure, funded in whole or in part with operation with the emergency coordinator or tation facility serving an individual, Indian funds made available pursuant to this title, by providing operation, management, and Tribe or Indian community meets 1 or more shall contain a provision requiring compli- maintenance service. of the following conditions— ance with subchapter IV of chapter 31 of title ‘‘(g) ISDEAA PROGRAM FUNDED ON EQUAL ‘‘(i) water or sewer service in the home is 40, United States Code (commonly known as BASIS.—Tribal Health Programs shall be eli- provided by a haul system with holding the ‘Davis-Bacon Act’), unless such construc- gible (on an equal basis with programs that tanks and interior plumbing; tion or renovation— are administered directly by the Service) ‘‘(ii) major significant interruptions to ‘‘(A) is performed by a contractor pursuant for— water supply or sewage disposal occur fre- to a contract with an Indian Tribe or Tribal ‘‘(1) any funds appropriated pursuant to quently, requiring major capital improve- Organization with funds supplied through a this section; and ments to correct the deficiencies; or contract or compact authorized by the In- ‘‘(2) any funds appropriated for the purpose ‘‘(iii) there is no access to or no approved dian Self-Determination and Education As- of providing sanitation facilities. or permitted solid waste facility available. sistance Act (25 U.S.C. 450 et seq.), or other statutory authority; and ‘‘(h) REPORT.— ‘‘(D) A level IV deficiency exists— ‘‘(B) is subject to prevailing wage rates for ‘‘(1) REQUIRED CONTENTS.—The Secretary, ‘‘(i) if a sanitation facility for an indi- in consultation with the Secretary of Hous- vidual home, an Indian Tribe, or an Indian similar construction or renovation in the lo- ing and Urban Development, Indian Tribes, community exists but— cality as determined by the Indian Tribes or Tribal Organizations, and tribally designated ‘‘(I) lacks— Tribal Organizations to be served by the con- housing entities (as defined in section 4 of ‘‘(aa) a safe water supply system; or struction or renovation. the Native American Housing Assistance and ‘‘(bb) a waste disposal system; ‘‘(2) EXCEPTION.—This subsection shall not Self-Determination Act of 1996 (25 U.S.C. ‘‘(II) contains no piped water or sewer fa- apply to construction or renovation carried 4103)) shall submit to the President, for in- cilities; or out by an Indian Tribe or Tribal Organiza- clusion in the report required to be trans- ‘‘(III) has become inoperable due to a tion with its own employees. mitted to Congress under section 801, a re- major component failure; or ‘‘SEC. 304. EXPENDITURE OF NON-SERVICE port which sets forth— ‘‘(ii) if only a washeteria or central facility FUNDS FOR RENOVATION. ‘‘(a) IN GENERAL.—Notwithstanding any ‘‘(A) the current Indian sanitation facility exists in the community. other provision of law, if the requirements of priority system of the Service; ‘‘(E) A level V deficiency exists in the ab- subsection (c) are met, the Secretary, acting ‘‘(B) the methodology for determining sence of a sanitation facility, where indi- vidual homes do not have access to safe through the Service, is authorized to accept sanitation deficiencies and needs; any major expansion, renovation, or mod- ‘‘(C) the criteria on which the deficiencies drinking water or adequate wastewater (in- cluding sewage) disposal. ernization by any Indian Tribe or Tribal Or- and needs will be evaluated; ganization of any Service facility or of any ‘‘(i) DEFINITIONS.—For purposes of this sec- ‘‘(D) the level of initial and final sanita- other Indian health facility operated pursu- tion, the following terms apply: tion deficiency for each type of sanitation ant to a contract or compact under the In- ‘‘(1) INDIAN COMMUNITY.—The term ‘Indian facility for each project of each Indian Tribe dian Self-Determination and Education As- community’ means a geographic area, a sig- or Indian community; sistance Act (25 U.S.C. 450 et seq.), includ- nificant proportion of whose inhabitants are ‘‘(E) the amount and most effective use of ing— Indians and which is served by or capable of funds, derived from whatever source, nec- ‘‘(1) any plans or designs for such expan- being served by a facility described in this essary to accommodate the sanitation facili- sion, renovation, or modernization; and section. ties needs of new homes assisted with funds ‘‘(2) any expansion, renovation, or mod- ‘‘(2) SANITATION FACILITIES.—The terms under the Native American Housing Assist- ernization for which funds appropriated ‘sanitation facility’ and ‘sanitation facili- ance and Self-Determination Act (25 U.S.C. under any Federal law were lawfully ex- ties’ mean safe and adequate water supply 4101 et seq.), and to reduce the identified pended. sanitation deficiency levels of all Indian systems, sanitary sewage disposal systems, ‘‘(b) PRIORITY LIST.— Tribes and Indian communities to level I and sanitary solid waste systems (and all re- ‘‘(1) IN GENERAL.—The Secretary shall sanitation deficiency as defined in paragraph lated equipment and support infrastructure). maintain a separate priority list to address (3)(A); and ‘‘SEC. 303. PREFERENCE TO INDIANS AND INDIAN the needs for increased operating expenses, ‘‘(F) a 10-year plan to provide sanitation FIRMS. personnel, or equipment for such facilities. facilities to serve existing Indian homes and ‘‘(a) BUY INDIAN ACT.—The Secretary, act- The methodology for establishing priorities Indian communities and new and renovated ing through the Service, may use the negoti- shall be developed through regulations. The Indian homes. ating authority of section 23 of the Act of list of priority facilities will be revised annu- ‘‘(2) UNIFORM METHODOLOGY.—The method- June 25, 1910 (25 U.S.C. 47, commonly known ally in consultation with Indian Tribes and ology used by the Secretary in determining, as the ‘Buy Indian Act’), to give preference Tribal Organizations. preparing cost estimates for, and reporting to any Indian or any enterprise, partnership, ‘‘(2) REPORT.—The Secretary shall submit sanitation deficiencies for purposes of para- corporation, or other type of business orga- to the President, for inclusion in the report graph (1) shall be applied uniformly to all In- nization owned and controlled by an Indian required to be transmitted to Congress under dian Tribes and Indian communities. or Indians including former or currently fed- section 801, the priority list maintained pur- ‘‘(3) SANITATION DEFICIENCY LEVELS.—For erally recognized Indian Tribes in the State suant to paragraph (1). purposes of this subsection, the sanitation of New York (hereinafter referred to as an ‘‘(c) REQUIREMENTS.—The requirements of deficiency levels for an individual, Indian ‘Indian firm’) in the construction and ren- this subsection are met with respect to any Tribe, or Indian community sanitation facil- ovation of Service facilities pursuant to sec- expansion, renovation, or modernization if— ity to serve Indian homes are determined as tion 301 and in the construction of sanitation ‘‘(1) the Indian Tribe or Tribal Organiza- follows: facilities pursuant to section 302. Such pref- tion— ‘‘(A) A level I deficiency exists if a sanita- erence may be accorded by the Secretary un- ‘‘(A) provides notice to the Secretary of its tion facility serving an individual, Indian less the Secretary finds, pursuant to regula- intent to expand, renovate, or modernize; Tribe, or Indian community— tions, that the project or function to be con- and ‘‘(i) complies with all applicable water sup- tracted for will not be satisfactory or such ‘‘(B) applies to the Secretary to be placed ply, pollution control, and solid waste dis- project or function cannot be properly com- on a separate priority list to address the posal laws; and pleted or maintained under the proposed con- needs of such new facilities for increased op- ‘‘(ii) deficiencies relate to routine replace- tract. The Secretary, in arriving at such a erating expenses, personnel, or equipment; ment, repair, or maintenance needs. finding, shall consider whether the Indian or and ‘‘(B) A level II deficiency exists if a sanita- Indian firm will be deficient with respect ‘‘(2) the expansion, renovation, or mod- tion facility serving an individual, Indian to— ernization— Tribe, or Indian community substantially or ‘‘(1) ownership and control by Indians; ‘‘(A) is approved by the appropriate area recently complied with all applicable water ‘‘(2) equipment; Director for Federal facilities; and supply, pollution control, and solid waste ‘‘(3) bookkeeping and accounting proce- ‘‘(B) is administered by the Indian Tribe or laws and any deficiencies relate to— dures; Tribal Organization in accordance with any ‘‘(i) small or minor capital improvements ‘‘(4) substantive knowledge of the project applicable regulations prescribed by the Sec- needed to bring the facility back into com- or function to be contracted for; retary with respect to construction or ren- pliance; ‘‘(5) adequately trained personnel; or ovation of Service facilities.

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‘‘(d) ADDITIONAL REQUIREMENT FOR EXPAN- tory care facility that meets the require- ‘‘(b) USE OF FUNDS.—The Secretary, in ap- SION.—In addition to the requirements under ments under paragraph (1). The provisions of proving projects pursuant to this section, subsection (c), for any expansion, the Indian this section shall apply, except that such ap- may authorize such construction agreements Tribe or Tribal Organization shall provide to plications for funding under this paragraph for the construction and renovation of hos- the Secretary additional information pursu- shall be considered separately from applica- pitals, health centers, health stations, and ant to regulations, including additional tions for funding under paragraph (1). other facilities to deliver health care serv- staffing, equipment, and other costs associ- ‘‘(3) USE ONLY FOR CERTAIN PORTION OF ices and is authorized to— ated with the expansion. COSTS.—A grant provided under this section ‘‘(1) waive any leasing prohibition; ‘‘(e) CLOSURE OR CONVERSION OF FACILI- may be used only for the cost of that portion ‘‘(2) permit carryover of funds appropriated TIES.—If any Service facility which has been of a construction, expansion, or moderniza- for the provision of health care services; expanded, renovated, or modernized by an In- tion project that benefits the Service popu- ‘‘(3) permit the use of other available dian Tribe or Tribal Organization under this lation identified above in subsection (b)(1)(C) funds; section ceases to be used as a Service facility (ii) and (iii). The requirements of clauses (ii) ‘‘(4) permit the use of funds or property do- during the 20-year period beginning on the and (iii) of paragraph (1)(C) shall not apply nated from any source for project purposes; date such expansion, renovation, or mod- to an Indian Tribe or Tribal Organization ap- ‘‘(5) provide for the reversion of donated ernization is completed, such Indian Tribe or plying for a grant under this section for a real or personal property to the donor; and Tribal Organization shall be entitled to re- health care facility located or to be con- ‘‘(6) permit the use of Service funds to cover from the United States an amount structed on an island or when such facility is match other funds, including Federal funds. which bears the same ratio to the value of not located on a road system providing di- ‘‘(c) HEALTH CARE DEMONSTRATION such facility at the time of such cessation as rect access to an inpatient hospital where PROJECTS.— the value of such expansion, renovation, or care is available to the Service population. ‘‘(1) GENERAL PROJECTS.— modernization (less the total amount of any ‘‘(c) GRANTS.— ‘‘(A) CRITERIA.—The Secretary may ap- funds provided specifically for such facility ‘‘(1) APPLICATION.—No grant may be made prove under this section demonstration under any Federal program that were ex- under this section unless an application or projects that meet the following criteria: pended for such expansion, renovation, or proposal for the grant has been approved by ‘‘(i) There is a need for a new facility or modernization) bore to the value of such fa- the Secretary in accordance with applicable program, such as a program for convenient cility at the time of the completion of such regulations and has set forth reasonable as- care services, or the reorientation of an ex- expansion, renovation, or modernization. surance by the applicant that, at all times isting facility or program. ‘‘SEC. 305. FUNDING FOR THE CONSTRUCTION, after the construction, expansion, or mod- ‘‘(ii) A significant number of Indians, in- EXPANSION, AND MODERNIZATION ernization of a facility carried out using a cluding Indians with low health status, will OF SMALL AMBULATORY CARE FA- grant received under this section— be served by the project. CILITIES. ‘‘(A) adequate financial support will be ‘‘(iii) The project has the potential to de- ‘‘(a) GRANTS.— available for the provision of services at such liver services in an efficient and effective ‘‘(1) IN GENERAL.—The Secretary, acting facility; manner. through the Service, shall make grants to ‘‘(B) such facility will be available to eligi- ‘‘(iv) The project is economically viable. Indian Tribes and Tribal Organizations for ble Indians without regard to ability to pay ‘‘(v) For projects carried out by an Indian the construction, expansion, or moderniza- or source of payment; and Tribe or Tribal Organization, the Indian tion of facilities for the provision of ambula- ‘‘(C) such facility will, as feasible without Tribe or Tribal Organization has the admin- tory care services to eligible Indians (and diminishing the quality or quantity of serv- istrative and financial capability to admin- noneligible persons pursuant to subsections ices provided to eligible Indians, serve non- ister the project. (b)(2) and (c)(1)(C)). A grant made under this eligible persons on a cost basis. ‘‘(vi) The project is integrated with pro- section may cover up to 100 percent of the ‘‘(2) PRIORITY.—In awarding grants under viders of related health and social services costs of such construction, expansion, or this section, the Secretary shall give pri- and is coordinated with, and avoids duplica- modernization. For the purposes of this sec- ority to Indian Tribes and Tribal Organiza- tion of, existing services in order to expand tion, the term ‘construction’ includes the re- tions that demonstrate— the availability of services. placement of an existing facility. ‘‘(A) a need for increased ambulatory care ‘‘(B) PRIORITY.—In approving demonstra- ‘‘(2) GRANT AGREEMENT REQUIRED.—A grant services; and tion projects under this paragraph, the Sec- under paragraph (1) may only be made avail- ‘‘(B) insufficient capacity to deliver such retary shall give priority to demonstration able to a Tribal Health Program operating services. projects, to the extent the projects meet the an Indian health facility (other than a facil- ‘‘(3) PEER REVIEW PANELS.—The Secretary criteria described in subparagraph (A), lo- ity owned or constructed by the Service, in- may provide for the establishment of peer re- cated in any of the following Service Units: cluding a facility originally owned or con- view panels, as necessary, to review and ‘‘(i) Cass Lake, Minnesota. structed by the Service and transferred to an evaluate applications and proposals and to ‘‘(ii) Mescalero, New Mexico. Indian Tribe or Tribal Organization). advise the Secretary regarding such applica- ‘‘(iii) Owyhee, Nevada. ‘‘(b) USE OF GRANT FUNDS.— tions using the criteria developed pursuant ‘‘(iv) Schurz, Nevada. ‘‘(1) ALLOWABLE USES.—A grant awarded to subsection (a)(1). ‘‘(v) Ft. Yuma, California. under this section may be used for the con- ‘‘(d) REVERSION OF FACILITIES.—If any fa- ‘‘(2) CONVENIENT CARE SERVICE PROJECTS.— struction, expansion, or modernization (in- cility (or portion thereof) with respect to ‘‘(A) DEFINITION OF CONVENIENT CARE SERV- cluding the planning and design of such con- which funds have been paid under this sec- ICE.—In this paragraph, the term ‘convenient struction, expansion, or modernization) of an tion, ceases, at any time after completion of care service’ means any primary health care ambulatory care facility— the construction, expansion, or moderniza- service, such as urgent care services, non- ‘‘(A) located apart from a hospital; tion carried out with such funds, to be used emergent care services, prevention services ‘‘(B) not funded under section 301 or sec- for the purposes of providing health care and screenings, and any service authorized tion 306; and services to eligible Indians, all of the right, by sections 203 or 213(d), that is— ‘‘(C) which, upon completion of such con- title, and interest in and to such facility (or ‘‘(i) provided outside the regular hours of struction or modernization will— portion thereof) shall transfer to the United operation of a health care facility; or ‘‘(i) have a total capacity appropriate to States unless otherwise negotiated by the ‘‘(ii) offered at an alternative setting, in- its projected service population; Service and the Indian Tribe or Tribal Orga- cluding through telehealth. nization. ‘‘(ii) provide annually no fewer than 150 pa- ‘‘(B) APPROVAL.—In addition to projects ‘‘(e) FUNDING NONRECURRING.—Funding tient visits by eligible Indians and other described in paragraph (1), in any fiscal year, provided under this section shall be non- users who are eligible for services in such fa- recurring and shall not be available for in- the Secretary is authorized to approve not cility in accordance with section 807(c)(2); clusion in any individual Indian Tribe’s trib- more than 10 applications for health care de- and al share for an award under the Indian Self- livery demonstration projects that— ‘‘(iii) provide ambulatory care in a Service Determination and Education Assistance Act ‘‘(i) include a convenient care services pro- Area (specified in the contract or compact (25 U.S.C. 450 et seq.) or for reallocation or gram as an alternative means of delivering under the Indian Self-Determination and redesign thereunder. health care services to Indians; and Education Assistance Act (25 U.S.C. 450 et ‘‘SEC. 306. INDIAN HEALTH CARE DELIVERY DEM- ‘‘(ii) meet the criteria described in sub- seq.)) with a population of no fewer than ONSTRATION PROJECTS. paragraph (C). 1,500 eligible Indians and other users who are ‘‘(a) IN GENERAL.—The Secretary, acting ‘‘(C) CRITERIA.—The Secretary shall ap- eligible for services in such facility in ac- through the Service, is authorized to carry prove under subparagraph (B) demonstration cordance with section 807(c)(2). out, or to enter into construction agree- projects that meet all of the following cri- ‘‘(2) ADDITIONAL ALLOWABLE USE.—The Sec- ments under the Indian Self-Determination teria: retary may also reserve a portion of the and Education Assistance Act (25 U.S.C. 450 ‘‘(i) The criteria set forth in paragraph funding provided under this section and use et seq.) with Indian Tribes or Tribal Organi- (1)(A). those reserved funds to reduce an out- zations to carry out, a health care delivery ‘‘(ii) There is a lack of access to health standing debt incurred by Indian Tribes or demonstration project to test alternative care services at existing health care facili- Tribal Organizations for the construction, means of delivering health care and services ties, which may be due to limited hours of expansion, or modernization of an ambula- to Indians through facilities. operation at those facilities or other factors.

VerDate Mar 15 2010 22:12 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00117 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JA8.REC S22JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S130 CONGRESSIONAL RECORD — SENATE January 22, 2008 ‘‘(iii) The project— ‘‘(3) staff quarters; its commitment under a joint venture en- ‘‘(I) expands the availability of services; or ‘‘(4) hostels; and tered into under this subsection. An Indian ‘‘(II) reduces— ‘‘(5) specialized care facilities, such as be- Tribe or Tribal Organization shall be eligible ‘‘(aa) the burden on Contract Health Serv- havioral health and elder care facilities. to establish a joint venture project if, when ices; or ‘‘(b) DETERMINATIONS.—In carrying out the it submits a letter of intent, it— ‘‘(bb) the need for emergency room visits. study under subsection (a), the Secretary ‘‘(1) has begun but not completed the proc- ‘‘(d) PEER REVIEW PANELS.—The Secretary shall determine— ess of acquisition or construction of a health may provide for the establishment of peer re- ‘‘(1) the maximum principal amount of a facility to be used in the joint venture view panels, as necessary, to review and loan or loan guarantee that should be offered project; or evaluate applications using the criteria de- to a recipient from the loan fund; ‘‘(2) has not begun the process of acquisi- scribed in paragraphs (1)(A) and (2)(C) of sub- ‘‘(2) the percentage of eligible costs, not to tion or construction of a health facility for section (c). exceed 100 percent, that may be covered by a use in the joint venture project. ‘‘(e) TECHNICAL ASSISTANCE.—The Sec- loan or loan guarantee from the loan fund ‘‘(b) REQUIREMENTS.—The Secretary shall retary shall provide such technical and other (including costs relating to planning, design, make such an arrangement with an Indian assistance as may be necessary to enable ap- financing, site land development, construc- Tribe or Tribal Organization only if— plicants to comply with this section. tion, rehabilitation, renovation, conversion, ‘‘(1) the Secretary first determines that ‘‘(f) SERVICE TO INELIGIBLE PERSONS.—Sub- improvements, medical equipment and fur- the Indian Tribe or Tribal Organization has ject to section 807, the authority to provide nishings, and other facility-related costs and the administrative and financial capabilities services to persons otherwise ineligible for capital purchase (but excluding staffing)); necessary to complete the timely acquisition the health care benefits of the Service, and ‘‘(3) the cumulative total of the principal or construction of the relevant health facil- the authority to extend hospital privileges in of direct loans and loan guarantees, respec- ity; and Service facilities to non-Service health prac- tively, that may be outstanding at any 1 ‘‘(2) the Indian Tribe or Tribal Organiza- titioners as provided in section 807, may be time; tion meets the need criteria determined included, subject to the terms of that sec- ‘‘(4) the maximum term of a loan or loan using the criteria developed under the health tion, in any demonstration project approved guarantee that may be made for a facility care facility priority system under section pursuant to this section. from the loan fund; 301, unless the Secretary determines, pursu- ‘‘(g) EQUITABLE TREATMENT.—For purposes ‘‘(5) the maximum percentage of funds ant to regulations, that other criteria will of subsection (c), the Secretary, in evalu- from the loan fund that should be allocated result in a more cost-effective and efficient ating facilities operated under any contract for payment of costs associated with plan- method of facilitating and completing con- or compact under the Indian Self-Determina- ning and applying for a loan or loan guar- struction of health care facilities. tion and Education Assistance Act (25 U.S.C. antee; ‘‘(c) CONTINUED OPERATION.—The Secretary 450 et seq.), shall use the same criteria that ‘‘(6) whether acceptance by the Secretary shall negotiate an agreement with the Indian the Secretary uses in evaluating facilities of an assignment of the revenue of an Indian Tribe or Tribal Organization regarding the operated directly by the Service. Tribe or Tribal Organization as security for continued operation of the facility at the end ‘‘(h) EQUITABLE INTEGRATION OF FACILI- any direct loan or loan guarantee from the of the initial 10 year no-cost lease period. TIES.—The Secretary shall ensure that the loan fund would be appropriate; ‘‘(d) BREACH OF AGREEMENT.—An Indian planning, design, construction, renovation, ‘‘(7) whether, in the planning and design of Tribe or Tribal Organization that has en- and expansion needs of Service and non-Serv- health facilities under this section, users eli- tered into a written agreement with the Sec- retary under this section, and that breaches ice facilities that are the subject of a con- gible under section 807(c) may be included in or terminates without cause such agreement, tract or compact under the Indian Self-De- any projection of patient population; shall be liable to the United States for the termination and Education Assistance Act ‘‘(8) whether funds of the Service provided amount that has been paid to the Indian (25 U.S.C. 450 et seq.) for health services are through loans or loan guarantees from the Tribe or Tribal Organization, or paid to a fully and equitably integrated into the im- loan fund should be eligible for use in match- third party on the Indian Tribe’s or Tribal plementation of the health care delivery ing other Federal funds under other pro- Organization’s behalf, under the agreement. demonstration projects under this section. grams; The Secretary has the right to recover tan- ‘‘(9) the appropriateness of, and best meth- ‘‘SEC. 307. LAND TRANSFER. gible property (including supplies) and equip- ods for, coordinating the loan fund with the ‘‘Notwithstanding any other provision of ment, less depreciation, and any funds ex- law, the Bureau of Indian Affairs and all health care priority system of the Service pended for operations and maintenance other agencies and departments of the under section 301; and under this section. The preceding sentence United States are authorized to transfer, at ‘‘(10) any legislative or regulatory changes does not apply to any funds expended for the no cost, land and improvements to the Serv- required to implement recommendations of delivery of health care services, personnel, ice for the provision of health care services. the Secretary based on results of the study. or staffing. The Secretary is authorized to accept such ‘‘(c) REPORT.—Not later than September 30, ‘‘(e) RECOVERY FOR NONUSE.—An Indian land and improvements for such purposes. 2009, the Secretary shall submit to the Com- Tribe or Tribal Organization that has en- ‘‘SEC. 308. LEASES, CONTRACTS, AND OTHER mittee on Indian Affairs of the Senate and tered into a written agreement with the Sec- AGREEMENTS. the Committee on Natural Resources and the retary under this subsection shall be entitled ‘‘The Secretary, acting through the Serv- Committee on Energy and Commerce of the to recover from the United States an amount ice, may enter into leases, contracts, and House of Representatives a report that de- that is proportional to the value of such fa- other agreements with Indian Tribes and scribes— cility if, at any time within the 10-year term Tribal Organizations which hold (1) title to, ‘‘(1) the manner of consultation made as of the agreement, the Service ceases to use (2) a leasehold interest in, or (3) a beneficial required by subsection (a); and the facility or otherwise breaches the agree- interest in (when title is held by the United ‘‘(2) the results of the study, including any ment. States in trust for the benefit of an Indian recommendations of the Secretary based on ‘‘(f) DEFINITION.—For the purposes of this Tribe) facilities used or to be used for the ad- results of the study. section, the term ‘health facility’ or ‘health ministration and delivery of health services ‘‘SEC. 310. TRIBAL LEASING. facilities’ includes quarters needed to pro- by an Indian Health Program. Such leases, ‘‘A Tribal Health Program may lease per- vide housing for staff of the relevant Tribal contracts, or agreements may include provi- manent structures for the purpose of pro- Health Program. sions for construction or renovation and pro- viding health care services without obtain- ‘‘SEC. 312. LOCATION OF FACILITIES. vide for compensation to the Indian Tribe or ing advance approval in appropriation Acts. ‘‘(a) IN GENERAL.—In all matters involving Tribal Organization of rental and other costs ‘‘SEC. 311. INDIAN HEALTH SERVICE/TRIBAL FA- the reorganization or development of Service consistent with section 105(l) of the Indian CILITIES JOINT VENTURE PROGRAM. facilities or in the establishment of related Self-Determination and Education Assist- ‘‘(a) IN GENERAL.—The Secretary, acting employment projects to address unemploy- ance Act (25 U.S.C. 450j(l)) and regulations through the Service, shall make arrange- ment conditions in economically depressed thereunder. ments with Indian Tribes and Tribal Organi- areas, the Bureau of Indian Affairs and the ‘‘SEC. 309. STUDY ON LOANS, LOAN GUARANTEES, zations to establish joint venture demonstra- Service shall give priority to locating such AND LOAN REPAYMENT. tion projects under which an Indian Tribe or facilities and projects on Indian lands, or ‘‘(a) IN GENERAL.—The Secretary, in con- Tribal Organization shall expend tribal, pri- lands in Alaska owned by any Alaska Native sultation with the Secretary of the Treas- vate, or other available funds, for the acqui- village, or village or regional corporation ury, Indian Tribes, and Tribal Organizations, sition or construction of a health facility for under the Alaska Native Claims Settlement shall carry out a study to determine the fea- a minimum of 10 years, under a no-cost Act (43 U.S.C. 1601 et seq.), or any land allot- sibility of establishing a loan fund to provide lease, in exchange for agreement by the ted to any Alaska Native, if requested by the to Indian Tribes and Tribal Organizations di- Service to provide the equipment, supplies, Indian owner and the Indian Tribe with ju- rect loans or guarantees for loans for the and staffing for the operation and mainte- risdiction over such lands or other lands construction of health care facilities, includ- nance of such a health facility. An Indian owned or leased by the Indian Tribe or Tribal ing— Tribe or Tribal Organization may use tribal Organization. Top priority shall be given to ‘‘(1) inpatient facilities; funds, private sector, or other available re- Indian land owned by 1 or more Indian ‘‘(2) outpatient facilities; sources, including loan guarantees, to fulfill Tribes.

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‘‘(b) DEFINITION.—For purposes of this sec- ‘‘(b) DIRECT COLLECTION OF RENT.— cies, funds that are available for the con- tion, the term ‘Indian lands’ means— ‘‘(1) IN GENERAL.—Notwithstanding any struction of health care facilities and use ‘‘(1) all lands within the exterior bound- other provision of law, and subject to para- such funds to plan, design, and construct aries of any reservation; and graph (2), a Tribal Health Program shall health care facilities for Indians and to place ‘‘(2) any lands title to which is held in have the authority to collect rents directly such funds into a contract or compact under trust by the United States for the benefit of from Federal employees who occupy such the Indian Self-Determination and Edu- any Indian Tribe or individual Indian or held quarters in accordance with the following: cation Assistance Act (25 U.S.C. 450 et seq.). by any Indian Tribe or individual Indian sub- ‘‘(A) The Tribal Health Program shall no- Receipt of such funds shall have no effect on ject to restriction by the United States tify the Secretary and the subject Federal the priorities established pursuant to section against alienation. employees of its election to exercise its au- 301. ‘‘SEC. 313. MAINTENANCE AND IMPROVEMENT OF thority to collect rents directly from such ‘‘(b) INTERAGENCY AGREEMENTS.—The Sec- HEALTH CARE FACILITIES. Federal employees. retary is authorized to enter into inter- ‘‘(a) REPORT.—The Secretary shall submit ‘‘(B) Upon receipt of a notice described in agency agreements with other Federal agen- to the President, for inclusion in the report subparagraph (A), the Federal employees cies or State agencies and other entities and required to be transmitted to Congress under shall pay rents for occupancy of such quar- to accept funds from such Federal or State section 801, a report which identifies the ters directly to the Tribal Health Program agencies or other sources to provide for the backlog of maintenance and repair work re- and the Secretary shall have no further au- planning, design, and construction of health quired at both Service and tribal health care thority to collect rents from such employees care facilities to be administered by Indian facilities, including new health care facili- through payroll deduction or otherwise. Health Programs in order to carry out the ties expected to be in operation in the next ‘‘(C) Such rent payments shall be retained purposes of this Act and the purposes for fiscal year. The report shall also identify the by the Tribal Health Program and shall not which the funds were appropriated or for need for renovation and expansion of exist- be made payable to or otherwise be deposited which the funds were otherwise provided. ing facilities to support the growth of health with the United States. ‘‘(c) ESTABLISHMENT OF STANDARDS.—The care programs. ‘‘(D) Such rent payments shall be deposited Secretary, through the Service, shall estab- ‘‘(b) MAINTENANCE OF NEWLY CONSTRUCTED into a separate account which shall be used lish standards by regulation for the plan- SPACE.—The Secretary, acting through the by the Tribal Health Program for the main- ning, design, and construction of health care Service, is authorized to expend mainte- tenance (including capital repairs and re- facilities serving Indians under this Act. nance and improvement funds to support placement) and operation of the quarters and ‘‘SEC. 317. AUTHORIZATION OF APPROPRIATIONS. maintenance of newly constructed space facilities as the Tribal Health Program shall ‘‘There are authorized to be appropriated only if such space falls within the approved determine. such sums as may be necessary for each fis- supportable space allocation for the Indian ‘‘(2) RETROCESSION OF AUTHORITY.—If a cal year through fiscal year 2017 to carry out Tribe or Tribal Organization. Supportable Tribal Health Program which has made an this title. space allocation shall be defined through the election under paragraph (1) requests ret- ‘‘TITLE IV—ACCESS TO HEALTH SERVICES health care facility priority system under rocession of its authority to directly collect section 301(c). ‘‘SEC. 401. TREATMENT OF PAYMENTS UNDER SO- rents from Federal employees occupying fed- ‘‘(c) REPLACEMENT FACILITIES.—In addition CIAL SECURITY ACT HEALTH BENE- to using maintenance and improvement erally-owned quarters, such retrocession FITS PROGRAMS. shall become effective on the earlier of— funds for renovation, modernization, and ex- ‘‘(a) DISREGARD OF MEDICARE, MEDICAID, pansion of facilities, an Indian Tribe or Trib- ‘‘(A) the first day of the month that begins AND SCHIP PAYMENTS IN DETERMINING AP- al Organization may use maintenance and no less than 180 days after the Tribal Health PROPRIATIONS.—Any payments received by an improvement funds for construction of a re- Program notifies the Secretary of its desire Indian Health Program or by an Urban In- placement facility if the costs of renovation to retrocede; or dian Organization under title XVIII, XIX, or of such facility would exceed a maximum ‘‘(B) such other date as may be mutually XXI of the Social Security Act for services renovation cost threshold. The maximum agreed by the Secretary and the Tribal provided to Indians eligible for benefits renovation cost threshold shall be deter- Health Program. under such respective titles shall not be con- mined through the negotiated rulemaking ‘‘(c) RATES IN ALASKA.—To the extent that sidered in determining appropriations for the process provided for under section 802. a Tribal Health Program, pursuant to au- provision of health care and services to Indi- thority granted in subsection (a), establishes ‘‘SEC. 314. TRIBAL MANAGEMENT OF FEDERALLY- ans. OWNED QUARTERS. rental rates for federally-owned quarters ‘‘(b) NONPREFERENTIAL TREATMENT.—Noth- ‘‘(a) RENTAL RATES.— provided to a Federal employee in Alaska, ing in this Act authorizes the Secretary to ‘‘(1) ESTABLISHMENT.—Notwithstanding such rents may be based on the cost of com- provide services to an Indian with coverage any other provision of law, a Tribal Health parable private rental housing in the nearest under title XVIII, XIX, or XXI of the Social Program which operates a hospital or other established community with a year-round Security Act in preference to an Indian with- health facility and the federally-owned quar- population of 1,500 or more individuals. out such coverage. ters associated therewith pursuant to a con- ‘‘SEC. 315. APPLICABILITY OF BUY AMERICAN ‘‘(c) USE OF FUNDS.— tract or compact under the Indian Self-De- ACT REQUIREMENT. ‘‘(1) SPECIAL FUND.— termination and Education Assistance Act ‘‘(a) APPLICABILITY.—The Secretary shall ‘‘(A) 100 PERCENT PASS-THROUGH OF PAY- (25 U.S.C. 450 et seq.) shall have the author- ensure that the requirements of the Buy MENTS DUE TO FACILITIES.—Notwithstanding ity to establish the rental rates charged to American Act apply to all procurements any other provision of law, but subject to the occupants of such quarters by providing made with funds provided pursuant to sec- paragraph (2), payments to which a facility notice to the Secretary of its election to ex- tion 317. Indian Tribes and Tribal Organiza- of the Service is entitled by reason of a pro- ercise such authority. tions shall be exempt from these require- vision of the Social Security Act shall be ‘‘(2) OBJECTIVES.—In establishing rental ments. placed in a special fund to be held by the rates pursuant to authority of this sub- ‘‘(b) EFFECT OF VIOLATION.—If it has been Secretary. In making payments from such section, a Tribal Health Program shall en- finally determined by a court or Federal fund, the Secretary shall ensure that each deavor to achieve the following objectives: agency that any person intentionally affixed Service Unit of the Service receives 100 per- ‘‘(A) To base such rental rates on the rea- a label bearing a ‘Made in America’ inscrip- cent of the amount to which the facilities of sonable value of the quarters to the occu- tion or any inscription with the same mean- the Service, for which such Service Unit pants thereof. ing, to any product sold in or shipped to the makes collections, are entitled by reason of ‘‘(B) To generate sufficient funds to pru- United States that is not made in the United a provision of the Social Security Act. dently provide for the operation and mainte- States, such person shall be ineligible to re- ‘‘(B) USE OF FUNDS.—Amounts received by nance of the quarters, and subject to the dis- ceive any contract or subcontract made with a facility of the Service under subparagraph cretion of the Tribal Health Program, to sup- funds provided pursuant to section 317, pur- (A) shall first be used (to such extent or in ply reserve funds for capital repairs and re- suant to the debarment, suspension, and in- such amounts as are provided in appropria- placement of the quarters. eligibility procedures described in sections tion Acts) for the purpose of making any im- ‘‘(3) EQUITABLE FUNDING.—Any quarters 9.400 through 9.409 of title 48, Code of Federal provements in the programs of the Service whose rental rates are established by a Trib- Regulations. operated by or through such facility which al Health Program pursuant to this sub- ‘‘(c) DEFINITIONS.—For purposes of this sec- may be necessary to achieve or maintain section shall remain eligible for quarters im- tion, the term ‘Buy American Act’ means compliance with the applicable conditions provement and repair funds to the same ex- title III of the Act entitled ‘An Act making and requirements of titles XVIII and XIX of tent as all federally-owned quarters used to appropriations for the Treasury and Post Of- the Social Security Act. Any amounts so re- house personnel in Services-supported pro- fice Departments for the fiscal year ending ceived that are in excess of the amount nec- grams. June 30, 1934, and for other purposes’, ap- essary to achieve or maintain such condi- ‘‘(4) NOTICE OF RATE CHANGE.—A Tribal proved March 3, 1933 (41 U.S.C. 10a et seq.). tions and requirements shall, subject to con- Health Program which exercises the author- ‘‘SEC. 316. OTHER FUNDING FOR FACILITIES. sultation with the Indian Tribes being served ity provided under this subsection shall pro- ‘‘(a) AUTHORITY TO ACCEPT FUNDS.—The by the Service Unit, be used for reducing the vide occupants with no less than 60 days no- Secretary is authorized to accept from any health resource deficiencies (as determined tice of any change in rental rates. source, including Federal and State agen- under section 201(d)) of such Indian Tribes.

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‘‘(2) DIRECT PAYMENT OPTION.—Paragraph ‘‘(4) WITHDRAWAL FROM PROGRAM.—A Tribal ‘‘(4) to develop and implement methods of (1) shall not apply to a Tribal Health Pro- Health Program that bills directly under the improving the participation of Indians in re- gram upon the election of such Program program established under this subsection ceiving benefits under such programs. under subsection (d) to receive payments di- may withdraw from participation in the ‘‘(c) APPLICATION TO URBAN INDIAN ORGANI- rectly. No payment may be made out of the same manner and under the same conditions ZATIONS.— special fund described in such paragraph that an Indian Tribe or Tribal Organization ‘‘(1) IN GENERAL.—The provisions of sub- with respect to reimbursement made for may retrocede a contracted program to the section (a) shall apply with respect to grants services provided by such Program during Secretary under the authority of the Indian and other funding to Urban Indian Organiza- the period of such election. Self-Determination and Education Assist- tions with respect to populations served by ‘‘(d) DIRECT BILLING.— ance Act (25 U.S.C. 450 et seq.). All cost ac- such organizations in the same manner they ‘‘(1) IN GENERAL.—Subject to complying counting and billing authority under the apply to grants and contracts with Indian with the requirements of paragraph (2), a program established under this subsection Tribes and Tribal Organizations with respect Tribal Health Program may elect to directly shall be returned to the Secretary upon the to programs on or near reservations. bill for, and receive payment for, health care Secretary’s acceptance of the withdrawal of ‘‘(2) REQUIREMENTS.—The Secretary shall items and services provided by such Program participation in this program. include in the grants or contracts made or for which payment is made under title XVIII ‘‘(5) TERMINATION FOR FAILURE TO COMPLY provided under paragraph (1) requirements or XIX of the Social Security Act or from WITH REQUIREMENTS.—The Secretary may that are— any other third party payor. terminate the participation of a Tribal ‘‘(A) consistent with the requirements im- ‘‘(2) DIRECT REIMBURSEMENT.— Health Program or in the direct billing pro- posed by the Secretary under subsection (b); ‘‘(A) USE OF FUNDS.—Each Tribal Health gram established under this subsection if the ‘‘(B) appropriate to Urban Indian Organiza- Program making the election described in Secretary determines that the Program has tions and Urban Indians; and paragraph (1) with respect to a program failed to comply with the requirements of ‘‘(C) necessary to effect the purposes of under a title of the Social Security Act shall paragraph (2). The Secretary shall provide a this section. be reimbursed directly by that program for Tribal Health Program with notice of a de- ‘‘(d) FACILITATING COOPERATION.—The Sec- items and services furnished without regard termination that the Program has failed to retary, acting through the Centers for Medi- to subsection (c)(1), but all amounts so reim- comply with any such requirement and a care & Medicaid Services, shall develop and bursed shall be used by the Tribal Health reasonable opportunity to correct such non- disseminate best practices that will serve to Program for the purpose of making any im- compliance prior to terminating the Pro- facilitate cooperation with, and agreements provements in facilities of the Tribal Health gram’s participation in the direct billing between, States and the Service, Indian Program that may be necessary to achieve program established under this subsection. Tribes, Tribal Organizations, or Urban In- or maintain compliance with the conditions ‘‘(e) RELATED PROVISIONS UNDER THE SO- dian Organizations with respect to the provi- and requirements applicable generally to CIAL SECURITY ACT.—For provisions related sion of health care items and services to In- such items and services under the program to subsections (c) and (d), see sections 1880, dians under the programs established under under such title and to provide additional 1911, and 2107(e)(1)(D) of the Social Security title XVIII, XIX, or XXI of the Social Secu- health care services, improvements in health Act. rity Act. care facilities and Tribal Health Programs, ‘‘(e) AGREEMENTS RELATING TO IMPROVING ‘‘SEC. 402. GRANTS TO AND CONTRACTS WITH ENROLLMENT OF INDIANS UNDER SOCIAL SECU- any health care related purpose, or otherwise THE SERVICE, INDIAN TRIBES, TRIB- to achieve the objectives provided in section AL ORGANIZATIONS, AND URBAN IN- RITY ACT HEALTH BENEFITS PROGRAMS.—For 3 of this Act. DIAN ORGANIZATIONS TO FACILI- provisions relating to agreements between ‘‘(B) AUDITS.—The amounts paid to a Trib- TATE OUTREACH, ENROLLMENT, the Secretary, acting through the Service, al Health Program making the election de- AND COVERAGE OF INDIANS UNDER and Indian Tribes, Tribal Organizations, and scribed in paragraph (1) with respect to a SOCIAL SECURITY ACT HEALTH BEN- Urban Indian Organizations for the collec- program under a title of the Social Security EFIT PROGRAMS AND OTHER tion, preparation, and submission of applica- HEALTH BENEFITS PROGRAMS. Act shall be subject to all auditing require- tions by Indians for assistance under the ments applicable to the program under such ‘‘(a) INDIAN TRIBES AND TRIBAL ORGANIZA- Medicaid and State children’s health insur- title, as well as all auditing requirements ap- TIONS.—From funds appropriated to carry ance programs established under titles XIX plicable to programs administered by an In- out this title in accordance with section 417, and XXI of the Social Security Act, and ben- dian Health Program. Nothing in the pre- the Secretary, acting through the Service, efits under the Medicare program established ceding sentence shall be construed as lim- shall make grants to or enter into contracts under title XVIII of such Act, see sub- iting the application of auditing require- with Indian Tribes and Tribal Organizations sections (a) and (b) of section 1139 of the So- ments applicable to amounts paid under title to assist such Tribes and Tribal Organiza- cial Security Act. XVIII, XIX, or XXI of the Social Security tions in establishing and administering pro- ‘‘(f) DEFINITION OF PREMIUMS AND COST Act. grams on or near reservations and trust SHARING.—In this section: ‘‘(C) IDENTIFICATION OF SOURCE OF PAY- lands to assist individual Indians— ‘‘(1) PREMIUM.—The term ‘premium’ in- MENTS.—Any Tribal Health Program that re- ‘‘(1) to enroll for benefits under a program cludes any enrollment fee or similar charge. ceives reimbursements or payments under established under title XVIII, XIX, or XXI of ‘‘(2) COST SHARING.—The term ‘cost shar- title XVIII, XIX, or XXI of the Social Secu- the Social Security Act and other health ing’ includes any deduction, deductible, co- rity Act, shall provide to the Service a list of benefits programs; and payment, coinsurance, or similar charge. each provider enrollment number (or other ‘‘(2) with respect to such programs for ‘‘SEC. 403. REIMBURSEMENT FROM CERTAIN identifier) under which such Program re- which the charging of premiums and cost THIRD PARTIES OF COSTS OF ceives such reimbursements or payments. sharing is not prohibited under such pro- HEALTH SERVICES. ‘‘(3) EXAMINATION AND IMPLEMENTATION OF grams, to pay premiums or cost sharing for ‘‘(a) RIGHT OF RECOVERY.—Except as pro- CHANGES.— coverage for such benefits, which may be vided in subsection (f), the United States, an ‘‘(A) IN GENERAL.—The Secretary, acting based on financial need (as determined by Indian Tribe, or Tribal Organization shall through the Service and with the assistance the Indian Tribe or Tribes or Tribal Organi- have the right to recover from an insurance of the Administrator of the Centers for Medi- zations being served based on a schedule of company, health maintenance organization, care & Medicaid Services, shall examine on income levels developed or implemented by employee benefit plan, third-party an ongoing basis and implement any admin- such Tribe, Tribes, or Tribal Organizations). tortfeasor, or any other responsible or liable istrative changes that may be necessary to ‘‘(b) CONDITIONS.—The Secretary, acting third party (including a political subdivision facilitate direct billing and reimbursement through the Service, shall place conditions or local governmental entity of a State) the under the program established under this as deemed necessary to effect the purpose of reasonable charges billed by the Secretary, subsection, including any agreements with this section in any grant or contract which an Indian Tribe, or Tribal Organization in States that may be necessary to provide for the Secretary makes with any Indian Tribe providing health services through the Serv- direct billing under a program under a title or Tribal Organization pursuant to this sec- ice, an Indian Tribe, or Tribal Organization of the Social Security Act. tion. Such conditions shall include require- to any individual to the same extent that ‘‘(B) COORDINATION OF INFORMATION.—The ments that the Indian Tribe or Tribal Orga- such individual, or any nongovernmental Service shall provide the Administrator of nization successfully undertake— provider of such services, would be eligible the Centers for Medicare & Medicaid Serv- ‘‘(1) to determine the population of Indians to receive damages, reimbursement, or in- ices with copies of the lists submitted to the eligible for the benefits described in sub- demnification for such charges or expenses Service under paragraph (2)(C), enrollment section (a); if— data regarding patients served by the Serv- ‘‘(2) to educate Indians with respect to the ‘‘(1) such services had been provided by a ice (and by Tribal Health Programs, to the benefits available under the respective pro- nongovernmental provider; and extent such data is available to the Service), grams; ‘‘(2) such individual had been required to and such other information as the Adminis- ‘‘(3) to provide transportation for such in- pay such charges or expenses and did pay trator may require for purposes of admin- dividual Indians to the appropriate offices such charges or expenses. istering title XVIII, XIX, or XXI of the So- for enrollment or applications for such bene- ‘‘(b) LIMITATIONS ON RECOVERIES FROM cial Security Act. fits; and STATES.—Subsection (a) shall provide a right

VerDate Mar 15 2010 22:12 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00120 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JA8.REC S22JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 22, 2008 CONGRESSIONAL RECORD — SENATE S133 of recovery against any State, only if the in- ered under a self-insurance plan funded by an Tribes, Tribal Organizations, and Urban In- jury, illness, or disability for which health Indian Tribe, Tribal Organization, or Urban dian Organizations for health benefits for services were provided is covered under— Indian Organization. Where such authoriza- Service beneficiaries, Indian Tribes, Tribal ‘‘(1) workers’ compensation laws; or tion is provided, the Service may receive and Organizations, and Urban Indian Organiza- ‘‘(2) a no-fault automobile accident insur- expend such amounts for the provision of ad- tions may use such amounts to purchase ance plan or program. ditional health services consistent with such health benefits coverage for such bene- ‘‘(c) NONAPPLICATION OF OTHER LAWS.—No authorization. ficiaries in any manner, including through— law of any State, or of any political subdivi- ‘‘(g) COSTS AND ATTORNEYS’ FEES.—In any ‘‘(1) a tribally owned and operated health sion of a State and no provision of any con- action brought to enforce the provisions of care plan; tract, insurance or health maintenance orga- this section, a prevailing plaintiff shall be ‘‘(2) a State or locally authorized or li- nization policy, employee benefit plan, self- awarded its reasonable attorneys’ fees and censed health care plan; insurance plan, managed care plan, or other costs of litigation. ‘‘(3) a health insurance provider or man- health care plan or program entered into or ‘‘(h) NONAPPLICATION OF CLAIMS FILING RE- aged care organization; or renewed after the date of the enactment of QUIREMENTS.—An insurance company, health ‘‘(4) a self-insured plan. the Indian Health Care Amendments of 1988, maintenance organization, self-insurance The purchase of such coverage by an Indian shall prevent or hinder the right of recovery plan, managed care plan, or other health Tribe, Tribal Organization, or Urban Indian of the United States, an Indian Tribe, or care plan or program (under the Social Secu- Organization may be based on the financial Tribal Organization under subsection (a). rity Act or otherwise) may not deny a claim needs of such beneficiaries (as determined by ‘‘(d) NO EFFECT ON PRIVATE RIGHTS OF AC- for benefits submitted by the Service or by the Indian Tribe or Tribes being served based TION.—No action taken by the United States, an Indian Tribe or Tribal Organization based on a schedule of income levels developed or an Indian Tribe, or Tribal Organization to on the format in which the claim is sub- enforce the right of recovery provided under implemented by such Indian Tribe or Tribes). mitted if such format complies with the for- ‘‘(b) EXPENSES FOR SELF-INSURED PLAN.—In this section shall operate to deny to the in- mat required for submission of claims under jured person the recovery for that portion of the case of a self-insured plan under sub- title XVIII of the Social Security Act or rec- section (a)(4), the amounts may be used for the person’s damage not covered hereunder. ognized under section 1175 of such Act. ‘‘(e) ENFORCEMENT.— expenses of operating the plan, including ad- ‘‘(i) APPLICATION TO URBAN INDIAN ORGANI- ‘‘(1) IN GENERAL.—The United States, an ministration and insurance to limit the fi- ZATIONS.—The previous provisions of this Indian Tribe, or Tribal Organization may en- nancial risks to the entity offering the plan. section shall apply to Urban Indian Organi- force the right of recovery provided under ‘‘(c) CONSTRUCTION.—Nothing in this sec- zations with respect to populations served by subsection (a) by— tion shall be construed as affecting the use such Organizations in the same manner they ‘‘(A) intervening or joining in any civil ac- of any amounts not referred to in subsection apply to Indian Tribes and Tribal Organiza- tion or proceeding brought— (a). tions with respect to populations served by ‘‘(i) by the individual for whom health ‘‘SEC. 406. SHARING ARRANGEMENTS WITH FED- such Indian Tribes and Tribal Organizations. services were provided by the Secretary, an ERAL AGENCIES. ‘‘(j) STATUTE OF LIMITATIONS.—The provi- Indian Tribe, or Tribal Organization; or ‘‘(a) AUTHORITY.— sions of section 2415 of title 28, United States ‘‘(ii) by any representative or heirs of such ‘‘(1) IN GENERAL.—The Secretary may enter Code, shall apply to all actions commenced individual, or into (or expand) arrangements for the shar- under this section, and the references there- ‘‘(B) instituting a civil action, including a ing of medical facilities and services between in to the United States are deemed to in- civil action for injunctive relief and other re- the Service, Indian Tribes, and Tribal Orga- clude Indian Tribes, Tribal Organizations, lief and including, with respect to a political nizations and the Department of Veterans and Urban Indian Organizations. subdivision or local governmental entity of a Affairs and the Department of Defense. ‘‘(k) SAVINGS.—Nothing in this section State, such an action against an official ‘‘(2) CONSULTATION BY SECRETARY RE- shall be construed to limit any right of re- thereof. QUIRED.—The Secretary may not finalize any covery available to the United States, an In- ‘‘(2) NOTICE.—All reasonable efforts shall arrangement between the Service and a De- dian Tribe, or Tribal Organization under the be made to provide notice of action insti- partment described in paragraph (1) without provisions of any applicable, Federal, State, tuted under paragraph (1)(B) to the indi- first consulting with the Indian Tribes which or Tribal law, including medical lien laws. vidual to whom health services were pro- will be significantly affected by the arrange- vided, either before or during the pendency ‘‘SEC. 404. CREDITING OF REIMBURSEMENTS. ment. of such action. ‘‘(a) USE OF AMOUNTS.— ‘‘(b) LIMITATIONS.—The Secretary shall not ‘‘(3) RECOVERY FROM TORTFEASORS.— ‘‘(1) RETENTION BY PROGRAM.—Except as take any action under this section or under ‘‘(A) IN GENERAL.—In any case in which an provided in section 202(f) (relating to the subchapter IV of chapter 81 of title 38, Indian Tribe or Tribal Organization that is Catastrophic Health Emergency Fund) and United States Code, which would impair— authorized or required under a compact or section 807 (relating to health services for in- ‘‘(1) the priority access of any Indian to contract issued pursuant to the Indian Self- eligible persons), all reimbursements re- health care services provided through the Determination and Education Assistance Act ceived or recovered under any of the pro- Service and the eligibility of any Indian to (25 U.S.C. 450 et seq.) to furnish or pay for grams described in paragraph (2), including receive health services through the Service; health services to a person who is injured or under section 807, by reason of the provision ‘‘(2) the quality of health care services pro- suffers a disease on or after the date of en- of health services by the Service, by an In- vided to any Indian through the Service; actment of the Indian Health Care Improve- dian Tribe or Tribal Organization, or by an ‘‘(3) the priority access of any veteran to ment Act Amendments of 2008 under cir- Urban Indian Organization, shall be credited health care services provided by the Depart- cumstances that establish grounds for a to the Service, such Indian Tribe or Tribal ment of Veterans Affairs; claim of liability against the tortfeasor with Organization, or such Urban Indian Organi- ‘‘(4) the quality of health care services pro- respect to the injury or disease, the Indian zation, respectively, and may be used as pro- vided by the Department of Veterans Affairs Tribe or Tribal Organization shall have a vided in section 401. In the case of such a or the Department of Defense; or right to recover from the tortfeasor (or an service provided by or through a Service ‘‘(5) the eligibility of any Indian who is a insurer of the tortfeasor) the reasonable Unit, such amounts shall be credited to such veteran to receive health services through value of the health services so furnished, unit and used for such purposes. the Department of Veterans Affairs. paid for, or to be paid for, in accordance with ‘‘(2) PROGRAMS COVERED.—The programs re- ‘‘(c) REIMBURSEMENT.—The Service, Indian the Federal Medical Care Recovery Act (42 ferred to in paragraph (1) are the following: Tribe, or Tribal Organization shall be reim- U.S.C. 2651 et seq.), to the same extent and ‘‘(A) Titles XVIII, XIX, and XXI of the So- bursed by the Department of Veterans Af- under the same circumstances as the United cial Security Act. fairs or the Department of Defense (as the States may recover under that Act. ‘‘(B) This Act, including section 807. case may be) where services are provided ‘‘(B) TREATMENT.—The right of an Indian ‘‘(C) Public Law 87–693. through the Service, an Indian Tribe, or a Tribe or Tribal Organization to recover ‘‘(D) Any other provision of law. Tribal Organization to beneficiaries eligible under subparagraph (A) shall be independent ‘‘(b) NO OFFSET OF AMOUNTS.—The Service for services from either such Department, of the rights of the injured or diseased per- may not offset or limit any amount obli- notwithstanding any other provision of law. son served by the Indian Tribe or Tribal Or- gated to any Service Unit or entity receiving ‘‘(d) CONSTRUCTION.—Nothing in this sec- ganization. funding from the Service because of the re- tion may be construed as creating any right ‘‘(f) LIMITATION.—Absent specific written ceipt of reimbursements under subsection of a non-Indian veteran to obtain health authorization by the governing body of an (a). services from the Service. Indian Tribe for the period of such authoriza- ‘‘SEC. 405. PURCHASING HEALTH CARE COV- ‘‘SEC. 407. ELIGIBLE INDIAN VETERAN SERVICES. tion (which may not be for a period of more ERAGE. ‘‘(a) FINDINGS; PURPOSE.— than 1 year and which may be revoked at any ‘‘(a) IN GENERAL.—Insofar as amounts are ‘‘(1) FINDINGS.—Congress finds that— time upon written notice by the governing made available under law (including a provi- ‘‘(A) collaborations between the Secretary body to the Service), the United States shall sion of the Social Security Act, the Indian and the Secretary of Veterans Affairs regard- not have a right of recovery under this sec- Self-Determination and Education Assist- ing the treatment of Indian veterans at fa- tion if the injury, illness, or disability for ance Act (25 U.S.C. 450 et seq.), or other law, cilities of the Service should be encouraged which health services were provided is cov- other than under section 402) to Indian to the maximum extent practicable; and

VerDate Mar 15 2010 22:12 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00121 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JA8.REC S22JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S134 CONGRESSIONAL RECORD — SENATE January 22, 2008 ‘‘(B) increased enrollment for services of ‘‘SEC. 409. NONDISCRIMINATION UNDER FED- ‘‘SEC. 411. STATE CHILDREN’S HEALTH INSUR- the Department of Veterans Affairs by vet- ERAL HEALTH CARE PROGRAMS IN ANCE PROGRAM (SCHIP). erans who are members of Indian tribes QUALIFICATIONS FOR REIMBURSE- ‘‘For provisions relating to— MENT FOR SERVICES. should be encouraged to the maximum ex- ‘‘(1) outreach to families of Indian children ‘‘(a) REQUIREMENT TO SATISFY GENERALLY tent practicable. likely to be eligible for child health assist- APPLICABLE PARTICIPATION REQUIREMENTS.— ‘‘(2) PURPOSE.—The purpose of this section ance under the State children’s health insur- ‘‘(1) IN GENERAL.—A Federal health care ance program established under title XXI of is to reaffirm the goals stated in the docu- program must accept an entity that is oper- ment entitled ‘Memorandum of Under- the Social Security Act, see sections ated by the Service, an Indian Tribe, Tribal 2105(c)(2)(C) and 1139(a) of such Act (42 U.S.C. standing Between the VA/Veterans Health Organization, or Urban Indian Organization Administration And HHS/Indian Health 1397ee(c)(2), 1320b–9); and as a provider eligible to receive payment ‘‘(2) ensuring that child health assistance Service’ and dated February 25, 2003 (relating under the program for health care services to cooperation and resource sharing between is provided under such program to targeted furnished to an Indian on the same basis as low-income children who are Indians and the Veterans Health Administration and any other provider qualified to participate as Service). that payments are made under such program a provider of health care services under the to Indian Health Programs and Urban Indian program if the entity meets generally appli- ‘‘(b) DEFINITIONS.—In this section: Organizations operating in the State that cable State or other requirements for par- ‘‘(1) ELIGIBLE INDIAN VETERAN.—The term provide such assistance, see sections ticipation as a provider of health care serv- ‘eligible Indian veteran’ means an Indian or 2102(b)(3)(D) and 2105(c)(6)(B) of such Act (42 ices under the program. Alaska Native veteran who receives any U.S.C. 1397bb(b)(3)(D), 1397ee(c)(6)(B)). medical service that is— ‘‘(2) SATISFACTION OF STATE OR LOCAL LI- ‘‘SEC. 412. EXCLUSION WAIVER AUTHORITY FOR CENSURE OR RECOGNITION REQUIREMENTS.— ‘‘(A) authorized under the laws adminis- AFFECTED INDIAN HEALTH PRO- tered by the Secretary of Veterans Affairs; Any requirement for participation as a pro- GRAMS AND SAFE HARBOR TRANS- and vider of health care services under a Federal ACTIONS UNDER THE SOCIAL SECU- ‘‘(B) administered at a facility of the Serv- health care program that an entity be li- RITY ACT. ice (including a facility operated by an In- censed or recognized under the State or local ‘‘For provisions relating to— dian tribe or tribal organization through a law where the entity is located to furnish ‘‘(1) exclusion waiver authority for affected contract or compact with the Service under health care services shall be deemed to have Indian Health Programs under the Social Se- the Indian Self-Determination and Edu- been met in the case of an entity operated by curity Act, see section 1128(k) of the Social cation Assistance Act (25 U.S.C. 450 et seq.)) the Service, an Indian Tribe, Tribal Organi- Security Act (42 U.S.C. 1320a–7(k)); and pursuant to a local memorandum of under- zation, or Urban Indian Organization if the ‘‘(2) certain transactions involving Indian standing. entity meets all the applicable standards for Health Programs deemed to be in safe har- ‘‘(2) LOCAL MEMORANDUM OF UNDER- such licensure or recognition, regardless of bors under that Act, see section 1128B(b)(4) of STANDING.—The term ‘local memorandum of whether the entity obtains a license or other the Social Security Act (42 U.S.C. 1320a– understanding’ means a memorandum of un- documentation under such State or local 7b(b)(4)). derstanding between the Secretary (or a des- law. In accordance with section 221, the ab- ‘‘SEC. 413. PREMIUM AND COST SHARING PRO- ignee, including the director of any Area Of- sence of the licensure of a health care profes- TECTIONS AND ELIGIBILITY DETER- fice of the Service) and the Secretary of Vet- sional employed by such an entity under the MINATIONS UNDER MEDICAID AND erans Affairs (or a designee) to implement State or local law where the entity is located SCHIP AND PROTECTION OF CER- shall not be taken into account for purposes TAIN INDIAN PROPERTY FROM MED- the document entitled ‘Memorandum of Un- ICAID ESTATE RECOVERY. derstanding Between the VA/Veterans of determining whether the entity meets such standards, if the professional is licensed ‘‘For provisions relating to— Health Administration And HHS/Indian ‘‘(1) premiums or cost sharing protections Health Service’ and dated February 25, 2003 in another State. ‘‘(b) APPLICATION OF EXCLUSION FROM PAR- for Indians furnished items or services di- (relating to cooperation and resource sharing TICIPATION IN FEDERAL HEALTH CARE PRO- rectly by Indian Health Programs or through between the Veterans Health Administration GRAMS.— referral under the contract health service and Indian Health Service). ‘‘(1) EXCLUDED ENTITIES.—No entity oper- under the Medicaid program established ‘‘(c) ELIGIBLE INDIAN VETERANS’ EX- ated by the Service, an Indian Tribe, Tribal under title XIX of the Social Security Act, PENSES.— Organization, or Urban Indian Organization see sections 1916(j) and 1916A(a)(1) of the So- ‘‘(1) IN GENERAL.—Notwithstanding any that has been excluded from participation in cial Security Act (42 U.S.C. 1396o(j), 1396o– other provision of law, the Secretary shall any Federal health care program or for 1(a)(1)); provide for veteran-related expenses incurred which a license is under suspension or has ‘‘(2) rules regarding the treatment of cer- by eligible Indian veterans as described in been revoked by the State where the entity tain property for purposes of determining subsection (b)(1)(B). is located shall be eligible to receive pay- eligibility under such programs, see sections ‘‘(2) METHOD OF PAYMENT.—The Secretary ment or reimbursement under any such pro- 1902(e)(13) and 2107(e)(1)(B) of such Act (42 shall establish such guidelines as the Sec- gram for health care services furnished to an U.S.C. 1396a(e)(13), 1397gg(e)(1)(B)); and retary determines to be appropriate regard- Indian. ‘‘(3) the protection of certain property ing the method of payments to the Secretary ‘‘(2) EXCLUDED INDIVIDUALS.—No individual from estate recovery provisions under the of Veterans Affairs under paragraph (1). who has been excluded from participation in Medicaid program, see section 1917(b)(3)(B) of any Federal health care program or whose such Act (42 U.S.C. 1396p(b)(3)(B)). ‘‘(d) TRIBAL APPROVAL OF MEMORANDA.—In State license is under suspension shall be eli- ‘‘SEC. 414. TREATMENT UNDER MEDICAID AND negotiating a local memorandum of under- gible to receive payment or reimbursement SCHIP MANAGED CARE. standing with the Secretary of Veterans Af- under any such program for health care serv- ‘‘For provisions relating to the treatment fairs regarding the provision of services to ices furnished by that individual, directly or of Indians enrolled in a managed care entity eligible Indian veterans, the Secretary shall through an entity that is otherwise eligible under the Medicaid program under title XIX consult with each Indian tribe that would be to receive payment for health care services, of the Social Security Act and Indian Health affected by the local memorandum of under- to an Indian. Programs and Urban Indian Organizations standing. ‘‘(3) FEDERAL HEALTH CARE PROGRAM DE- that are providers of items or services to FINED.—In this subsection, the term, ‘Fed- such Indian enrollees, see sections 1932(h) ‘‘(e) FUNDING.— eral health care program’ has the meaning and 2107(e)(1)(H) of the Social Security Act ‘‘(1) TREATMENT.—Expenses incurred by the Secretary in carrying out subsection (c)(1) given that term in section 1128B(f) of the So- (42 U.S.C. 1396u–2(h), 1397gg(e)(1)(H)). shall not be considered to be Contract Health cial Security Act (42 U.S.C. 1320a–7b(f)), ex- ‘‘SEC. 415. NAVAJO NATION MEDICAID AGENCY Service expenses. cept that, for purposes of this subsection, FEASIBILITY STUDY. such term shall include the health insurance ‘‘(a) STUDY.—The Secretary shall conduct a ‘‘(2) USE OF FUNDS.—Of funds made avail- study to determine the feasibility of treating able to the Secretary in appropriations Acts program under chapter 89 of title 5, United the Navajo Nation as a State for the pur- for the Service (excluding funds made avail- States Code. ‘‘(c) RELATED PROVISIONS.—For provisions poses of title XIX of the Social Security Act, able for facilities, Contract Health Services, related to nondiscrimination against pro- to provide services to Indians living within or contract support costs), the Secretary viders operated by the Service, an Indian the boundaries of the Navajo Nation through shall use such sums as are necessary to carry Tribe, Tribal Organization, or Urban Indian an entity established having the same au- out this section. Organization, see section 1139(c) of the So- thority and performing the same functions ‘‘SEC. 408. PAYOR OF LAST RESORT. cial Security Act (42 U.S.C. 1320b–9(c)). as single-State medicaid agencies respon- ‘‘SEC. 410. CONSULTATION. sible for the administration of the State plan ‘‘Indian Health Programs and health care ‘‘For provisions related to consultation under title XIX of the Social Security Act. programs operated by Urban Indian Organi- with representatives of Indian Health Pro- ‘‘(b) CONSIDERATIONS.—In conducting the zations shall be the payor of last resort for grams and Urban Indian Organizations with study, the Secretary shall consider the feasi- services provided to persons eligible for serv- respect to the health care programs estab- bility of— ices from Indian Health Programs and Urban lished under titles XVIII, XIX, and XXI of ‘‘(1) assigning and paying all expenditures Indian Organizations, notwithstanding any the Social Security Act, see section 1139(d) of for the provision of services and related ad- Federal, State, or local law to the contrary. the Social Security Act (42 U.S.C. 1320b–9(d)). ministration funds, under title XIX of the

VerDate Mar 15 2010 22:12 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00122 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JA8.REC S22JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 22, 2008 CONGRESSIONAL RECORD — SENATE S135 Social Security Act, to Indians living within ‘‘SEC. 503. CONTRACTS AND GRANTS FOR THE administering contracts entered into or re- the boundaries of the Navajo Nation that are PROVISION OF HEALTH CARE AND ceiving grants under this section. currently paid to or would otherwise be paid REFERRAL SERVICES. ‘‘(2) DEFINITION.—For purposes of this sub- to the State of Arizona, New Mexico, or ‘‘(a) REQUIREMENTS FOR GRANTS AND CON- section, the term ‘immunization services’ Utah; TRACTS.—Under authority of the Act of No- means services to provide without charge ‘‘(2) providing assistance to the Navajo Na- vember 2, 1921 (25 U.S.C. 13) (commonly immunizations against vaccine-preventable tion in the development and implementation known as the ‘Snyder Act’), the Secretary, diseases. of such entity for the administration, eligi- acting through the Service, shall enter into ‘‘(e) BEHAVIORAL HEALTH SERVICES.— bility, payment, and delivery of medical as- contracts with, and make grants to, Urban ‘‘(1) ACCESS OR SERVICES PROVIDED.—The sistance under title XIX of the Social Secu- Indian Organizations for the provision of Secretary, acting through the Service, shall health care and referral services for Urban rity Act; facilitate access to, or provide, behavioral Indians. Any such contract or grant shall in- ‘‘(3) providing an appropriate level of health services for Urban Indians through clude requirements that the Urban Indian matching funds for Federal medical assist- grants made to Urban Indian Organizations Organization successfully undertake to— ance with respect to amounts such entity ex- administering contracts entered into or re- ‘‘(1) estimate the population of Urban Indi- pends for medical assistance for services and ceiving grants under subsection (a). ans residing in the Urban Center or centers related administrative costs; and ‘‘(2) ASSESSMENT REQUIRED.—Except as pro- that the organization proposes to serve who ‘‘(4) authorizing the Secretary, at the op- vided by paragraph (3)(A), a grant may not are or could be recipients of health care or tion of the Navajo Nation, to treat the Nav- be made under this subsection to an Urban referral services; ajo Nation as a State for the purposes of Indian Organization until that organization ‘‘(2) estimate the current health status of title XIX of the Social Security Act (relating has prepared, and the Service has approved, Urban Indians residing in such Urban Center to the State children’s health insurance pro- an assessment of the following: or centers; gram) under terms equivalent to those de- ‘‘(A) The behavioral health needs of the ‘‘(3) estimate the current health care needs scribed in paragraphs (2) through (4). Urban Indian population concerned. of Urban Indians residing in such Urban Cen- ‘‘(B) The behavioral health services and ‘‘(c) REPORT.—Not later then 3 years after ter or centers; other related resources available to that pop- the date of enactment of the Indian Health ‘‘(4) provide basic health education, includ- ulation. Care Improvement Act Amendments of 2008, ing health promotion and disease prevention ‘‘(C) The barriers to obtaining those serv- the Secretary shall submit to the Committee education, to Urban Indians; ices and resources. on Indian Affairs and Committee on Finance ‘‘(5) make recommendations to the Sec- ‘‘(D) The needs that are unmet by such of the Senate and the Committee on Natural retary and Federal, State, local, and other services and resources. Resources and Committee on Energy and resource agencies on methods of improving ‘‘(3) PURPOSES OF GRANTS.—Grants may be Commerce of the House of Representatives a health service programs to meet the needs of made under this subsection for the following: report that includes— Urban Indians; and ‘‘(A) To prepare assessments required ‘‘(1) the results of the study under this sec- ‘‘(6) where necessary, provide, or enter into under paragraph (2). tion; contracts for the provision of, health care ‘‘(B) To provide outreach, educational, and ‘‘(2) a summary of any consultation that services for Urban Indians. referral services to Urban Indians regarding occurred between the Secretary and the Nav- ‘‘(b) CRITERIA.—The Secretary, acting the availability of direct behavioral health ajo Nation, other Indian Tribes, the States of through the Service, shall, by regulation, services, to educate Urban Indians about be- Arizona, New Mexico, and Utah, counties prescribe the criteria for selecting Urban In- havioral health issues and services, and ef- which include Navajo Lands, and other inter- dian Organizations to enter into contracts or fect coordination with existing behavioral ested parties, in conducting this study; receive grants under this section. Such cri- health providers in order to improve services ‘‘(3) projected costs or savings associated teria shall, among other factors, include— to Urban Indians. with establishment of such entity, and any ‘‘(1) the extent of unmet health care needs ‘‘(C) To provide outpatient behavioral estimated impact on services provided as de- of Urban Indians in the Urban Center or cen- health services to Urban Indians, including scribed in this section in relation to probable ters involved; the identification and assessment of illness, costs or savings; and ‘‘(2) the size of the Urban Indian popu- therapeutic treatments, case management, ‘‘(4) legislative actions that would be re- lation in the Urban Center or centers in- support groups, family treatment, and other quired to authorize the establishment of volved; treatment. such entity if such entity is determined by ‘‘(3) the extent, if any, to which the activi- ‘‘(D) To develop innovative behavioral the Secretary to be feasible. ties set forth in subsection (a) would dupli- health service delivery models which incor- ‘‘SEC. 416. GENERAL EXCEPTIONS. cate any project funded under this title, or porate Indian cultural support systems and ‘‘The requirements of this title shall not under any current public health service resources. apply to any excepted benefits described in project funded in a manner other than pursu- ‘‘(f) PREVENTION OF CHILD ABUSE.— paragraph (1)(A) or (3) of section 2791(c) of ant to this title; ‘‘(1) ACCESS OR SERVICES PROVIDED.—The the Public Health Service Act (42 U.S.C. ‘‘(4) the capability of an Urban Indian Or- Secretary, acting through the Service, shall 300gg–91). ganization to perform the activities set forth facilitate access to or provide services for Urban Indians through grants to Urban In- ‘‘SEC. 417. AUTHORIZATION OF APPROPRIATIONS. in subsection (a) and to enter into a contract with the Secretary or to meet the require- dian Organizations administering contracts ‘‘There are authorized to be appropriated ments for receiving a grant under this sec- entered into or receiving grants under sub- such sums as may be necessary for each fis- tion; section (a) to prevent and treat child abuse cal year through fiscal year 2017 to carry out ‘‘(5) the satisfactory performance and suc- (including sexual abuse) among Urban Indi- this title. cessful completion by an Urban Indian Orga- ans. ‘‘TITLE V—HEALTH SERVICES FOR URBAN nization of other contracts with the Sec- ‘‘(2) EVALUATION REQUIRED.—Except as pro- INDIANS retary under this title; vided by paragraph (3)(A), a grant may not be made under this subsection to an Urban ‘‘SEC. 501. PURPOSE. ‘‘(6) the appropriateness and likely effec- tiveness of conducting the activities set Indian Organization until that organization ‘‘The purpose of this title is to establish forth in subsection (a) in an Urban Center or has prepared, and the Service has approved, and maintain programs in Urban Centers to centers; and an assessment that documents the preva- make health services more accessible and ‘‘(7) the extent of existing or likely future lence of child abuse in the Urban Indian pop- available to Urban Indians. participation in the activities set forth in ulation concerned and specifies the services ‘‘SEC. 502. CONTRACTS WITH, AND GRANTS TO, subsection (a) by appropriate health and and programs (which may not duplicate ex- URBAN INDIAN ORGANIZATIONS. health-related Federal, State, local, and isting services and programs) for which the ‘‘Under authority of the Act of November other agencies. grant is requested. 2, 1921 (25 U.S.C. 13) (commonly known as the ‘‘(c) ACCESS TO HEALTH PROMOTION AND ‘‘(3) PURPOSES OF GRANTS.—Grants may be ‘Snyder Act’), the Secretary, acting through DISEASE PREVENTION PROGRAMS.—The Sec- made under this subsection for the following: the Service, shall enter into contracts with, retary, acting through the Service, shall fa- ‘‘(A) To prepare assessments required or make grants to, Urban Indian Organiza- cilitate access to or provide health pro- under paragraph (2). tions to assist such organizations in the es- motion and disease prevention services for ‘‘(B) For the development of prevention, tablishment and administration, within Urban Indians through grants made to Urban training, and education programs for Urban Urban Centers, of programs which meet the Indian Organizations administering con- Indians, including child education, parent requirements set forth in this title. Subject tracts entered into or receiving grants under education, provider training on identifica- to section 506, the Secretary, acting through subsection (a). tion and intervention, education on report- the Service, shall include such conditions as ‘‘(d) IMMUNIZATION SERVICES.— ing requirements, prevention campaigns, and the Secretary considers necessary to effect ‘‘(1) ACCESS OR SERVICES PROVIDED.—The establishing service networks of all those in- the purpose of this title in any contract into Secretary, acting through the Service, shall volved in Indian child protection. which the Secretary enters with, or in any facilitate access to, or provide, immuniza- ‘‘(C) To provide direct outpatient treat- grant the Secretary makes to, any Urban In- tion services for Urban Indians through ment services (including individual treat- dian Organization pursuant to this title. grants made to Urban Indian Organizations ment, family treatment, group therapy, and

VerDate Mar 15 2010 22:12 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00123 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JA8.REC S22JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S136 CONGRESSIONAL RECORD — SENATE January 22, 2008 support groups) to Urban Indians who are visions for carrying out the requirements of the organization during 1 or more subse- child victims of abuse (including sexual this section. quent funding periods without additional abuse) or adult survivors of child sexual ‘‘(b) EVALUATIONS.—The Secretary, acting justification or documentation by the orga- abuse, to the families of such child victims, through the Service, shall evaluate the com- nization as a condition of carrying forward and to Urban Indian perpetrators of child pliance of each Urban Indian Organization the availability for expenditure of such abuse (including sexual abuse). which has entered into a contract or received funds. ‘‘(4) CONSIDERATIONS WHEN MAKING a grant under section 503 with the terms of ‘‘(2) SEMIANNUAL AND QUARTERLY PAYMENTS GRANTS.—In making grants to carry out this such contract or grant. For purposes of this AND REIMBURSEMENTS.—If the Secretary de- subsection, the Secretary shall take into evaluation, the Secretary shall— termines under paragraph (1)(A) that an consideration— ‘‘(1) acting through the Service, conduct an Urban Indian Organization is not capable of ‘‘(A) the support for the Urban Indian Or- annual onsite evaluation of the organization; administering an entire single advance pay- ganization demonstrated by the child protec- or ment, on request of the Urban Indian Organi- tion authorities in the area, including com- ‘‘(2) accept in lieu of such onsite evalua- zation, the payments may be made— mittees or other services funded under the tion evidence of the organization’s provi- ‘‘(A) in semiannual or quarterly payments Indian Child Welfare Act of 1978 (25 U.S.C. sional or full accreditation by a private inde- by not later than 30 days after the date on 1901 et seq.), if any; pendent entity recognized by the Secretary which the funding period with respect to ‘‘(B) the capability and expertise dem- for purposes of conducting quality reviews of which the payments apply begins; or onstrated by the Urban Indian Organization providers participating in the Medicare pro- ‘‘(B) by way of reimbursement. gram under title XVIII of the Social Secu- to address the complex problem of child sex- ‘‘(c) REVISION OR AMENDMENT OF CON- rity Act. ual abuse in the community; and TRACTS.—Notwithstanding any provision of ‘‘(c) NONCOMPLIANCE; UNSATISFACTORY PER- ‘‘(C) the assessment required under para- law to the contrary, the Secretary may, at FORMANCE.—If, as a result of the evaluations graph (2). the request and consent of an Urban Indian conducted under this section, the Secretary ‘‘(g) OTHER GRANTS.—The Secretary, act- Organization, revise or amend any contract determines that an Urban Indian Organiza- ing through the Service, may enter into a entered into by the Secretary with such or- tion has not complied with the requirements contract with or make grants to an Urban ganization under this title as necessary to of a grant or complied with or satisfactorily Indian Organization that provides or ar- carry out the purposes of this title. ranges for the provision of health care serv- performed a contract under section 503, the ‘‘(d) FAIR AND UNIFORM SERVICES AND AS- ices (through satellite facilities, provider Secretary shall, prior to renewing such con- tract or grant, attempt to resolve with the SISTANCE.—Contracts with or grants to networks, or otherwise) to Urban Indians in Urban Indian Organizations and regulations more than 1 Urban Center. organization the areas of noncompliance or unsatisfactory performance and modify the adopted pursuant to this title shall include ‘‘SEC. 504. CONTRACTS AND GRANTS FOR THE DE- contract or grant to prevent future occur- provisions to assure the fair and uniform TERMINATION OF UNMET HEALTH provision to Urban Indians of services and CARE NEEDS. rences of noncompliance or unsatisfactory performance. If the Secretary determines assistance under such contracts or grants by ‘‘(a) GRANTS AND CONTRACTS AUTHORIZED.— that the noncompliance or unsatisfactory such organizations. Under authority of the Act of November 2, performance cannot be resolved and pre- 1921 (25 U.S.C. 13) (commonly known as the ‘‘SEC. 507. REPORTS AND RECORDS. vented in the future, the Secretary shall not ‘Snyder Act’), the Secretary, acting through ‘‘(a) REPORTS.— renew the contract or grant with the organi- the Service, may enter into contracts with ‘‘(1) IN GENERAL.—For each fiscal year dur- zation and is authorized to enter into a con- or make grants to Urban Indian Organiza- ing which an Urban Indian Organization re- tract or make a grant under section 503 with tions situated in Urban Centers for which ceives or expends funds pursuant to a con- another Urban Indian Organization which is contracts have not been entered into or tract entered into or a grant received pursu- situated in the same Urban Center as the grants have not been made under section 503. ant to this title, such Urban Indian Organi- Urban Indian Organization whose contract or ‘‘(b) PURPOSE.—The purpose of a contract zation shall submit to the Secretary not grant is not renewed under this section. or grant made under this section shall be the more frequently than every 6 months, a re- ‘‘(d) CONSIDERATIONS FOR RENEWALS.—In determination of the matters described in determining whether to renew a contract or port that includes the following: subsection (c)(1) in order to assist the Sec- grant with an Urban Indian Organization ‘‘(A) In the case of a contract or grant retary in assessing the health status and under section 503 which has completed per- under section 503, recommendations pursu- health care needs of Urban Indians in the formance of a contract or grant under sec- ant to section 503(a)(5). Urban Center involved and determining tion 504, the Secretary shall review the ‘‘(B) Information on activities conducted whether the Secretary should enter into a records of the Urban Indian Organization, by the organization pursuant to the contract contract or make a grant under section 503 the reports submitted under section 507, and or grant. with respect to the Urban Indian Organiza- shall consider the results of the onsite eval- ‘‘(C) An accounting of the amounts and tion which the Secretary has entered into a uations or accreditations under subsection purpose for which Federal funds were ex- contract with, or made a grant to, under this (b). pended. section. ‘‘(D) A minimum set of data, using uni- ‘‘SEC. 506. OTHER CONTRACT AND GRANT RE- ‘‘(c) GRANT AND CONTRACT REQUIRE- QUIREMENTS. formly defined elements, as specified by the MENTS.—Any contract entered into, or grant ‘‘(a) PROCUREMENT.—Contracts with Urban Secretary after consultation with Urban In- made, by the Secretary under this section Indian Organizations entered into pursuant dian Organizations. shall include requirements that— to this title shall be in accordance with all ‘‘(2) HEALTH STATUS AND SERVICES.— ‘‘(1) the Urban Indian Organization suc- Federal contracting laws and regulations re- ‘‘(A) IN GENERAL.—Not later than 18 cessfully undertakes to— lating to procurement except that in the dis- months after the date of enactment of the ‘‘(A) document the health care status and cretion of the Secretary, such contracts may Indian Health Care Improvement Act unmet health care needs of Urban Indians in be negotiated without advertising and need Amendments of 2008, the Secretary, acting the Urban Center involved; and not conform to the provisions of sections through the Service and working with a na- ‘‘(B) with respect to Urban Indians in the 1304 and 3131 through 3133 of title 40, United tional membership-based consortium of Urban Center involved, determine the mat- States Code. Urban Indian Organizations, shall submit to ters described in paragraphs (2), (3), (4), and ‘‘(b) PAYMENTS UNDER CONTRACTS OR Congress a report evaluating— (7) of section 503(b); and GRANTS.— ‘‘(i) the health status of Urban Indians; ‘‘(2) the Urban Indian Organization com- ‘‘(1) IN GENERAL.—Payments under any ‘‘(ii) the services provided to Indians pur- plete performance of the contract, or carry contracts or grants pursuant to this title, suant to this title; and out the requirements of the grant, within 1 notwithstanding any term or condition of ‘‘(iii) areas of unmet needs in the delivery year after the date on which the Secretary such contract or grant— of health services to Urban Indians, includ- and such organization enter into such con- ‘‘(A) may be made in a single advance pay- ing unmet health care facilities needs. tract, or within 1 year after such organiza- ment by the Secretary to the Urban Indian ‘‘(B) CONSULTATION AND CONTRACTS.—In tion receives such grant, whichever is appli- Organization by no later than the end of the preparing the report under paragraph (1), the cable. first 30 days of the funding period with re- Secretary— ‘‘(d) NO RENEWALS.—The Secretary may spect to which the payments apply, unless ‘‘(i) shall confer with Urban Indian Organi- not renew any contract entered into or grant the Secretary determines through an evalua- zations; and made under this section. tion under section 505 that the organization ‘‘(ii) may enter into a contract with a na- ‘‘SEC. 505. EVALUATIONS; RENEWALS. is not capable of administering such a single tional organization representing Urban In- ‘‘(a) PROCEDURES FOR EVALUATIONS.—The advance payment; and dian Organizations to conduct any aspect of Secretary, acting through the Service, shall ‘‘(B) if any portion thereof is unexpended the report. develop procedures to evaluate compliance by the Urban Indian Organization during the ‘‘(b) AUDIT.—The reports and records of the with grant requirements and compliance funding period with respect to which the Urban Indian Organization with respect to a with and performance of contracts entered payments initially apply, shall be carried contract or grant under this title shall be into by Urban Indian Organizations under forward for expenditure with respect to al- subject to audit by the Secretary and the this title. Such procedures shall include pro- lowable or reimbursable costs incurred by Comptroller General of the United States.

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‘‘(c) COSTS OF AUDITS.—The Secretary shall ‘‘(e) GRANTS SUBJECT TO CRITERIA.—Any ‘‘(1) There is an Urban Indian Organization allow as a cost of any contract or grant en- grant received by an Urban Indian Organiza- in the Service Area. tered into or awarded under section 502 or 503 tion under this Act for substance abuse pre- ‘‘(2) There reside in the Service Area Urban the cost of an annual independent financial vention, treatment, and rehabilitation shall Indian youth with need for alcohol and sub- audit conducted by— be subject to the criteria set forth in sub- stance abuse treatment services in a residen- ‘‘(1) a certified public accountant; or section (c). tial setting. ‘‘(2) a certified public accounting firm ‘‘SEC. 512. TREATMENT OF CERTAIN DEMONSTRA- ‘‘(3) There is a significant shortage of cul- qualified to conduct Federal compliance au- TION PROJECTS. turally competent residential treatment dits. ‘‘Notwithstanding any other provision of services for Urban Indian youth in the Serv- ‘‘SEC. 508. LIMITATION ON CONTRACT AUTHOR- law, the Tulsa Clinic and Oklahoma City ice Area. ITY. Clinic demonstration projects shall— ‘‘SEC. 516. GRANTS FOR DIABETES PREVENTION, ‘‘The authority of the Secretary to enter ‘‘(1) be permanent programs within the TREATMENT, AND CONTROL. into contracts or to award grants under this Service’s direct care program; ‘‘(a) GRANTS AUTHORIZED.—The Secretary title shall be to the extent, and in an ‘‘(2) continue to be treated as Service Units may make grants to those Urban Indian Or- amount, provided for in appropriation Acts. and Operating Units in the allocation of re- ganizations that have entered into a con- ‘‘SEC. 509. FACILITIES. sources and coordination of care; and tract or have received a grant under this ‘‘(a) GRANTS.—The Secretary, acting ‘‘(3) continue to meet the requirements and title for the provision of services for the pre- through the Service, may make grants to definitions of an Urban Indian Organization vention and treatment of, and control of the contractors or grant recipients under this in this Act, and shall not be subject to the complications resulting from, diabetes title for the lease, purchase, renovation, con- provisions of the Indian Self-Determination among Urban Indians. struction, or expansion of facilities, includ- and Education Assistance Act (25 U.S.C. 450 ‘‘(b) GOALS.—Each grant made pursuant to ing leased facilities, in order to assist such et seq.). subsection (a) shall set forth the goals to be contractors or grant recipients in complying ‘‘SEC. 513. URBAN NIAAA TRANSFERRED PRO- accomplished under the grant. The goals with applicable licensure or certification re- GRAMS. shall be specific to each grant as agreed to quirements. ‘‘(a) GRANTS AND CONTRACTS.—The Sec- between the Secretary and the grantee. ‘‘(b) LOAN FUND STUDY.—The Secretary, retary, through the Division of Urban Indian ‘‘(c) ESTABLISHMENT OF CRITERIA.—The acting through the Service, may carry out a Health, shall make grants to, or enter into Secretary shall establish criteria for the study to determine the feasibility of estab- contracts with, Urban Indian Organizations, grants made under subsection (a) relating lishing a loan fund to provide to Urban In- to take effect not later than September 30, to— dian Organizations direct loans or guaran- 2010, for the administration of Urban Indian ‘‘(1) the size and location of the Urban In- tees for loans for the construction of health alcohol programs that were originally estab- dian population to be served; care facilities in a manner consistent with lished under the National Institute on Alco- ‘‘(2) the need for prevention of and treat- section 309, including by submitting a report holism and Alcohol Abuse (hereafter in this ment of, and control of the complications re- in accordance with subsection (c) of that sec- section referred to as ‘NIAAA’) and trans- sulting from, diabetes among the Urban In- tion. ferred to the Service. dian population to be served; ‘‘SEC. 510. DIVISION OF URBAN INDIAN HEALTH. ‘‘(b) USE OF FUNDS.—Grants provided or ‘‘(3) performance standards for the organi- ‘‘There is established within the Service a contracts entered into under this section zation in meeting the goals set forth in such Division of Urban Indian Health, which shall shall be used to provide support for the con- grant that are negotiated and agreed to by be responsible for— tinuation of alcohol prevention and treat- the Secretary and the grantee; ‘‘(1) carrying out the provisions of this ment services for Urban Indian populations ‘‘(4) the capability of the organization to title; and such other objectives as are agreed upon adequately perform the activities required ‘‘(2) providing central oversight of the pro- between the Service and a recipient of a under the grant; and grams and services authorized under this grant or contract under this section. ‘‘(5) the willingness of the organization to title; and ‘‘(c) ELIGIBILITY.—Urban Indian Organiza- collaborate with the registry, if any, estab- ‘‘(3) providing technical assistance to tions that operate Indian alcohol programs lished by the Secretary under section 204(e) Urban Indian Organizations working with a originally funded under the NIAAA and sub- in the Area Office of the Service in which the national membership-based consortium of sequently transferred to the Service are eli- organization is located. Urban Indian Organizations. gible for grants or contracts under this sec- ‘‘(d) FUNDS SUBJECT TO CRITERIA.—Any ‘‘SEC. 511. GRANTS FOR ALCOHOL AND SUB- tion. funds received by an Urban Indian Organiza- STANCE ABUSE-RELATED SERVICES. ‘‘(d) REPORT.—The Secretary shall evalu- tion under this Act for the prevention, treat- ‘‘(a) GRANTS AUTHORIZED.—The Secretary, ate and report to Congress on the activities ment, and control of diabetes among Urban acting through the Service, may make of programs funded under this section not Indians shall be subject to the criteria devel- grants for the provision of health-related less than every 5 years. oped by the Secretary under subsection (c). services in prevention of, treatment of, reha- ‘‘SEC. 514. CONFERRING WITH URBAN INDIAN OR- ‘‘SEC. 517. COMMUNITY HEALTH REPRESENTA- bilitation of, or school- and community- GANIZATIONS. TIVES. based education regarding, alcohol and sub- ‘‘(a) IN GENERAL.—The Secretary shall en- ‘‘The Secretary, acting through the Serv- stance abuse, including fetal alcohol spec- sure that the Service confers or conferences, ice, may enter into contracts with, and make trum disorders, in Urban Centers to those to the greatest extent practicable, with grants to, Urban Indian Organizations for Urban Indian Organizations with which the Urban Indian Organizations. the employment of Indians trained as health Secretary has entered into a contract under ‘‘(b) DEFINITION OF CONFER; CONFERENCE.— service providers through the Community this title or under section 201. In this section, the terms ‘confer’ and ‘con- Health Representatives Program under sec- ‘‘(b) GOALS.—Each grant made pursuant to ference’ mean an open and free exchange of tion 109 in the provision of health care, subsection (a) shall set forth the goals to be information and opinions that— health promotion, and disease prevention accomplished pursuant to the grant. The ‘‘(1) leads to mutual understanding and services to Urban Indians. goals shall be specific to each grant as comprehension; and ‘‘SEC. 518. EFFECTIVE DATE. agreed to between the Secretary and the ‘‘(2) emphasizes trust, respect, and shared ‘‘The amendments made by the Indian grantee. responsibility. Health Care Improvement Act Amendments ‘‘(c) CRITERIA.—The Secretary shall estab- ‘‘SEC. 515. URBAN YOUTH TREATMENT CENTER of 2008 to this title shall take effect begin- lish criteria for the grants made under sub- DEMONSTRATION. ning on the date of enactment of that Act, section (a), including criteria relating to the ‘‘(a) CONSTRUCTION AND OPERATION.— regardless of whether the Secretary has pro- following: ‘‘(1) IN GENERAL.—The Secretary, acting mulgated regulations implementing such ‘‘(1) The size of the Urban Indian popu- through the Service, through grant or con- amendments. lation. tract, shall fund the construction and oper- ‘‘SEC. 519. ELIGIBILITY FOR SERVICES. ‘‘(2) Capability of the organization to ade- ation of at least 1 residential treatment cen- ‘‘Urban Indians shall be eligible for, and quately perform the activities required ter in each Service Area that meets the eligi- the ultimate beneficiaries of, health care or under the grant. bility requirements set forth in subsection referral services provided pursuant to this ‘‘(3) Satisfactory performance standards (b) to demonstrate the provision of alcohol title. for the organization in meeting the goals set and substance abuse treatment services to ‘‘SEC. 520. AUTHORIZATION OF APPROPRIATIONS. forth in such grant. The standards shall be Urban Indian youth in a culturally com- ‘‘There are authorized to be appropriated negotiated and agreed to between the Sec- petent residential setting. such sums as may be necessary for each fis- retary and the grantee on a grant-by-grant ‘‘(2) TREATMENT.—Each residential treat- cal year through fiscal year 2017 to carry out basis. ment center described in paragraph (1) shall this title. ‘‘(4) Identification of the need for services. be in addition to any facilities constructed ‘‘TITLE VI—ORGANIZATIONAL ‘‘(d) ALLOCATION OF GRANTS.—The Sec- under section 707(b). IMPROVEMENTS retary shall develop a methodology for allo- ‘‘(b) ELIGIBILITY REQUIREMENTS.—To be eli- ‘‘SEC. 601. ESTABLISHMENT OF THE INDIAN cating grants made pursuant to this section gible to obtain a facility under subsection HEALTH SERVICE AS AN AGENCY OF based on the criteria established pursuant to (a)(1), a Service Area shall meet the fol- THE PUBLIC HEALTH SERVICE. subsection (c). lowing requirements: ‘‘(a) ESTABLISHMENT.—

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‘‘(1) IN GENERAL.—In order to more effec- ‘‘(9) coordinate the activities of the De- treatment program which emphasizes col- tively and efficiently carry out the respon- partment concerning matters of Indian laboration among alcohol and substance sibilities, authorities, and functions of the health; and abuse, social services, and mental health United States to provide health care services ‘‘(10) perform such other functions as the programs. to Indians and Indian Tribes, as are or may Secretary may designate. ‘‘(2) To provide information, direction, and be hereafter provided by Federal statute or ‘‘(d) AUTHORITY.— guidance relating to mental illness and dys- treaties, there is established within the Pub- ‘‘(1) IN GENERAL.—The Secretary, acting function and self-destructive behavior, in- lic Health Service of the Department the In- through the Director, shall have the author- cluding child abuse and family violence, to dian Health Service. ity— those Federal, tribal, State, and local agen- ‘‘(2) DIRECTOR.—The Service shall be ad- ‘‘(A) except to the extent provided for in cies responsible for programs in Indian com- ministered by a Director, who shall be ap- paragraph (2), to appoint and compensate munities in areas of health care, education, pointed by the President, by and with the ad- employees for the Service in accordance with social services, child and family welfare, al- vice and consent of the Senate. The Director title 5, United States Code; cohol and substance abuse, law enforcement, shall report to the Secretary. Effective with ‘‘(B) to enter into contracts for the pro- and judicial services. respect to an individual appointed by the curement of goods and services to carry out ‘‘(3) To assist Indian Tribes to identify President, by and with the advice and con- the functions of the Service; and services and resources available to address sent of the Senate, after January 1, 2008, the ‘‘(C) to manage, expend, and obligate all mental illness and dysfunctional and self-de- term of service of the Director shall be 4 funds appropriated for the Service. structive behavior. years. A Director may serve more than 1 ‘‘(2) PERSONNEL ACTIONS.—Notwithstanding ‘‘(4) To provide authority and opportuni- term. any other provision of law, the provisions of ties for Indian Tribes and Tribal Organiza- ‘‘(3) INCUMBENT.—The individual serving in section 12 of the Act of June 18, 1934 (48 Stat. tions to develop, implement, and coordinate the position of Director of the Service on the 986; 25 U.S.C. 472), shall apply to all per- with community-based programs which in- day before the date of enactment of the In- sonnel actions taken with respect to new po- clude identification, prevention, education, dian Health Care Improvement Act Amend- sitions created within the Service as a result referral, and treatment services, including ments of 2008 shall serve as Director. of its establishment under subsection (a). through multidisciplinary resource teams. ‘‘(4) ADVOCACY AND CONSULTATION.—The po- ‘‘SEC. 602. AUTOMATED MANAGEMENT INFORMA- ‘‘(5) To ensure that Indians, as citizens of sition of Director is established to, in a man- TION SYSTEM. the United States and of the States in which ner consistent with the government-to-gov- ‘‘(a) ESTABLISHMENT.— they reside, have the same access to behav- ernment relationship between the United ‘‘(1) IN GENERAL.—The Secretary shall es- ioral health services to which all citizens States and Indian Tribes— tablish an automated management informa- have access. ‘‘(A) facilitate advocacy for the develop- tion system for the Service. ‘‘(6) To modify or supplement existing pro- ment of appropriate Indian health policy; ‘‘(2) REQUIREMENTS OF SYSTEM.—The infor- grams and authorities in the areas identified and mation system established under paragraph in paragraph (2). ‘‘(B) promote consultation on matters re- (1) shall include— ‘‘(b) PLANS.— lating to Indian health. ‘‘(A) a financial management system; ‘‘(1) DEVELOPMENT.—The Secretary, acting ‘‘(B) a patient care information system for ‘‘(b) AGENCY.—The Service shall be an through the Service, Indian Tribes, and Trib- each area served by the Service; agency within the Public Health Service of al Organizations, shall encourage Indian ‘‘(C) a privacy component that protects the Tribes and Tribal Organizations to develop the Department, and shall not be an office, privacy of patient information held by, or on tribal plans and to participate in developing component, or unit of any other agency of behalf of, the Service; areawide plans for Indian Behavioral Health the Department. ‘‘(D) a services-based cost accounting com- Services. The plans shall include, to the ex- ‘‘(c) DUTIES.—The Director shall— ponent that provides estimates of the costs tent feasible, the following components: ‘‘(1) perform all functions that were, on the associated with the provision of specific ‘‘(A) An assessment of the scope of alcohol day before the date of enactment of the In- medical treatments or services in each Area or other substance abuse, mental illness, and dian Health Care Improvement Act Amend- office of the Service; dysfunctional and self-destructive behavior, ments of 2008, carried out by or under the di- ‘‘(E) an interface mechanism for patient including suicide, child abuse, and family vi- rection of the individual serving as Director billing and accounts receivable system; and olence, among Indians, including— of the Service on that day; ‘‘(F) a training component. ‘‘(i) the number of Indians served who are ‘‘(2) perform all functions of the Secretary ‘‘(b) PROVISION OF SYSTEMS TO TRIBES AND directly or indirectly affected by such illness relating to the maintenance and operation of ORGANIZATIONS.—The Secretary shall provide or behavior; or hospital and health facilities for Indians and each Tribal Health Program automated man- ‘‘(ii) an estimate of the financial and the planning for, and provision and utiliza- agement information systems which— human cost attributable to such illness or tion of, health services for Indians; ‘‘(1) meet the management information behavior. ‘‘(3) administer all health programs under needs of such Tribal Health Program with re- ‘‘(B) An assessment of the existing and ad- which health care is provided to Indians spect to the treatment by the Tribal Health ditional resources necessary for the preven- based upon their status as Indians which are Program of patients of the Service; and tion and treatment of such illness and behav- administered by the Secretary, including ‘‘(2) meet the management information ior, including an assessment of the progress programs under— needs of the Service. toward achieving the availability of the full ‘‘(c) ACCESS TO RECORDS.—Notwithstanding ‘‘(A) this Act; continuum of care described in subsection any other provision of law, each patient ‘‘(B) the Act of November 2, 1921 (25 U.S.C. (c). shall have reasonable access to the medical 13); ‘‘(C) An estimate of the additional funding or health records of such patient which are ‘‘(C) the Act of August 5, 1954 (42 U.S.C. needed by the Service, Indian Tribes, and held by, or on behalf of, the Service. 2001 et seq.); Tribal Organizations to meet their respon- ‘‘(d) AUTHORITY TO ENHANCE INFORMATION ‘‘(D) the Act of August 16, 1957 (42 U.S.C. sibilities under the plans. TECHNOLOGY.—The Secretary, acting through 2005 et seq.); and ‘‘(2) COORDINATION WITH NATIONAL CLEAR- the Director, shall have the authority to ‘‘(E) the Indian Self-Determination and INGHOUSES AND INFORMATION CENTERS.—The enter into contracts, agreements, or joint Education Assistance Act (25 U.S.C. 450 et Secretary, acting through the Service, shall ventures with other Federal agencies, seq.); coordinate with existing national clearing- States, private and nonprofit organizations, ‘‘(4) administer all scholarship and loan houses and information centers to include at for the purpose of enhancing information functions carried out under title I; the clearinghouses and centers plans and re- technology in Indian Health Programs and ‘‘(5) directly advise the Secretary con- ports on the outcomes of such plans devel- facilities. cerning the development of all policy- and oped by Indian Tribes, Tribal Organizations, budget-related matters affecting Indian ‘‘SEC. 603. AUTHORIZATION OF APPROPRIATIONS. and Service Areas relating to behavioral health; ‘‘There is authorized to be appropriated health. The Secretary shall ensure access to ‘‘(6) collaborate with the Assistant Sec- such sums as may be necessary for each fis- these plans and outcomes by any Indian retary for Health concerning appropriate cal year through fiscal year 2017 to carry out Tribe, Tribal Organization, or the Service. matters of Indian health that affect the this title. ‘‘(3) TECHNICAL ASSISTANCE.—The Secretary agencies of the Public Health Service; ‘‘TITLE VII—BEHAVIORAL HEALTH shall provide technical assistance to Indian ‘‘(7) advise each Assistant Secretary of the PROGRAMS Tribes and Tribal Organizations in prepara- Department concerning matters of Indian ‘‘SEC. 701. BEHAVIORAL HEALTH PREVENTION tion of plans under this section and in devel- health with respect to which that Assistant AND TREATMENT SERVICES. oping standards of care that may be used and Secretary has authority and responsibility; ‘‘(a) PURPOSES.—The purposes of this sec- adopted locally. ‘‘(8) advise the heads of other agencies and tion are as follows: ‘‘(c) PROGRAMS.—The Secretary, acting programs of the Department concerning ‘‘(1) To authorize and direct the Secretary, through the Service, Indian Tribes, and Trib- matters of Indian health with respect to acting through the Service, Indian Tribes al Organizations, shall provide, to the extent which those heads have authority and re- and Tribal Organizations to develop a com- feasible and if funding is available, programs sponsibility; prehensive behavioral health prevention and including the following:

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‘‘(1) COMPREHENSIVE CARE.—A comprehen- identify, prevent, or treat substance abuse, and agency and Service Unit, Service Area, sive continuum of behavioral health care mental illness, or dysfunctional and self-de- and headquarters levels to address the prob- which provides— structive behavior, including child abuse and lems identified in paragraph (1). ‘‘(A) community-based prevention, inter- family violence, among its members or its ‘‘(6) A strategy for the comprehensive co- vention, outpatient, and behavioral health service population. This plan should include ordination of the behavioral health services aftercare; behavioral health services, social services, provided by the Bureau of Indian Affairs and ‘‘(B) detoxification (social and medical); intensive outpatient services, and continuing the Service to meet the problems identified ‘‘(C) acute hospitalization; aftercare. pursuant to paragraph (1), including— ‘‘(D) intensive outpatient/day treatment; ‘‘(2) TECHNICAL ASSISTANCE.—At the re- ‘‘(A) the coordination of alcohol and sub- ‘‘(E) residential treatment; quest of an Indian Tribe or Tribal Organiza- stance abuse programs of the Service, the ‘‘(F) transitional living for those needing a tion, the Bureau of Indian Affairs and the Bureau of Indian Affairs, and Indian Tribes temporary, stable living environment that is Service shall cooperate with and provide and Tribal Organizations (developed under supportive of treatment and recovery goals; technical assistance to the Indian Tribe or the Indian Alcohol and Substance Abuse Pre- ‘‘(G) emergency shelter; Tribal Organization in the development and vention and Treatment Act of 1986 (25 U.S.C. ‘‘(H) intensive case management; implementation of such plan. 2401 et seq.)) with behavioral health initia- ‘‘(I) diagnostic services; and ‘‘(3) FUNDING.—The Secretary, acting tives pursuant to this Act, particularly with ‘‘(J) promotion of healthy approaches to through the Service, may make funding respect to the referral and treatment of du- risk and safety issues, including injury pre- available to Indian Tribes and Tribal Organi- ally diagnosed individuals requiring behav- vention. zations which adopt a resolution pursuant to ioral health and substance abuse treatment; ‘‘(2) CHILD CARE.—Behavioral health serv- paragraph (1) to obtain technical assistance and ices for Indians from birth through age 17, for the development of a community behav- ‘‘(B) ensuring that the Bureau of Indian Af- including— ioral health plan and to provide administra- fairs and Service programs and services (in- ‘‘(A) preschool and school age fetal alcohol tive support in the implementation of such cluding multidisciplinary resource teams) spectrum disorder services, including assess- plan. addressing child abuse and family violence ment and behavioral intervention; ‘‘(e) COORDINATION FOR AVAILABILITY OF are coordinated with such non-Federal pro- ‘‘(B) mental health and substance abuse SERVICES.—The Secretary, acting through grams and services. services (emotional, organic, alcohol, drug, the Service, Indian Tribes, and Tribal Orga- ‘‘(7) Directing appropriate officials of the inhalant, and tobacco); nizations, shall coordinate behavioral health Bureau of Indian Affairs and the Service, ‘‘(C) identification and treatment of co-oc- planning, to the extent feasible, with other particularly at the agency and Service Unit curring disorders and comorbidity; Federal agencies and with State agencies, to levels, to cooperate fully with tribal requests ‘‘(D) prevention of alcohol, drug, inhalant, encourage comprehensive behavioral health made pursuant to community behavioral and tobacco use; services for Indians regardless of their place health plans adopted under section 701(c) and ‘‘(E) early intervention, treatment, and of residence. section 4206 of the Indian Alcohol and Sub- aftercare; and ‘‘(f) MENTAL HEALTH CARE NEED ASSESS- stance Abuse Prevention and Treatment Act ‘‘(F) identification and treatment of ne- MENT.—Not later than 1 year after the date of 1986 (25 U.S.C. 2412). glect and physical, mental, and sexual abuse. of enactment of the Indian Health Care Im- ‘‘(8) Providing for an annual review of such ‘‘(3) ADULT CARE.—Behavioral health serv- provement Act Amendments of 2008, the Sec- agreement by the Secretaries which shall be ices for Indians from age 18 through 55, in- retary, acting through the Service, shall provided to Congress and Indian Tribes and cluding— make an assessment of the need for inpatient Tribal Organizations. ‘‘(A) early intervention, treatment, and mental health care among Indians and the ‘‘(b) SPECIFIC PROVISIONS REQUIRED.—The aftercare; availability and cost of inpatient mental memoranda of agreement updated or entered ‘‘(B) mental health and substance abuse health facilities which can meet such need. into pursuant to subsection (a) shall include services (emotional, alcohol, drug, inhalant, In making such assessment, the Secretary specific provisions pursuant to which the and tobacco), including sex specific services; shall consider the possible conversion of ex- Service shall assume responsibility for— ‘‘(C) identification and treatment of co-oc- isting, underused Service hospital beds into ‘‘(1) the determination of the scope of the curring disorders (dual diagnosis) and comor- psychiatric units to meet such need. problem of alcohol and substance abuse bidity; ‘‘SEC. 702. MEMORANDA OF AGREEMENT WITH among Indians, including the number of Indi- ‘‘(D) promotion of healthy approaches for THE DEPARTMENT OF THE INTE- ans within the jurisdiction of the Service risk-related behavior; RIOR. who are directly or indirectly affected by al- ‘‘(E) treatment services for women at risk ‘‘(a) CONTENTS.—Not later than 12 months cohol and substance abuse and the financial after the date of enactment of the Indian of a fetal alcohol-exposed pregnancy; and and human cost; Health Care Improvement Act Amendments ‘‘(F) sex specific treatment for sexual as- ‘‘(2) an assessment of the existing and of 2008, the Secretary, acting through the sault and domestic violence. needed resources necessary for the preven- Service, and the Secretary of the Interior ‘‘(4) FAMILY CARE.—Behavioral health serv- tion of alcohol and substance abuse and the shall develop and enter into a memoranda of ices for families, including— treatment of Indians affected by alcohol and agreement, or review and update any exist- ‘‘(A) early intervention, treatment, and substance abuse; and ing memoranda of agreement, as required by aftercare for affected families; ‘‘(3) an estimate of the funding necessary section 4205 of the Indian Alcohol and Sub- ‘‘(B) treatment for sexual assault and do- to adequately support a program of preven- stance Abuse Prevention and Treatment Act mestic violence; and tion of alcohol and substance abuse and of 1986 (25 U.S.C. 2411) under which the Secre- ‘‘(C) promotion of healthy approaches re- treatment of Indians affected by alcohol and taries address the following: lating to parenting, domestic violence, and substance abuse. ‘‘(1) The scope and nature of mental illness other abuse issues. ‘‘(c) PUBLICATION.—Each memorandum of ‘‘(5) ELDER CARE.—Behavioral health serv- and dysfunctional and self-destructive be- agreement entered into or renewed (and ices for Indians 56 years of age and older, in- havior, including child abuse and family vio- amendments or modifications thereto) under cluding— lence, among Indians. subsection (a) shall be published in the Fed- ‘‘(A) early intervention, treatment, and ‘‘(2) The existing Federal, tribal, State, eral Register. At the same time as publica- aftercare; local, and private services, resources, and tion in the Federal Register, the Secretary ‘‘(B) mental health and substance abuse programs available to provide behavioral shall provide a copy of such memoranda, services (emotional, alcohol, drug, inhalant, health services for Indians. amendment, or modification to each Indian and tobacco), including sex specific services; ‘‘(3) The unmet need for additional serv- Tribe, Tribal Organization, and Urban Indian ‘‘(C) identification and treatment of co-oc- ices, resources, and programs necessary to Organization. curring disorders (dual diagnosis) and comor- meet the needs identified pursuant to para- ‘‘SEC. 703. COMPREHENSIVE BEHAVIORAL bidity; graph (1). HEALTH PREVENTION AND TREAT- ‘‘(D) promotion of healthy approaches to ‘‘(4)(A) The right of Indians, as citizens of MENT PROGRAM. managing conditions related to aging; the United States and of the States in which ‘‘(a) ESTABLISHMENT.— ‘‘(E) sex specific treatment for sexual as- they reside, to have access to behavioral ‘‘(1) IN GENERAL.—The Secretary, acting sault, domestic violence, neglect, physical health services to which all citizens have ac- through the Service, Indian Tribes, and Trib- and mental abuse and exploitation; and cess. al Organizations, shall provide a program of ‘‘(F) identification and treatment of de- ‘‘(B) The right of Indians to participate in, comprehensive behavioral health, preven- mentias regardless of cause. and receive the benefit of, such services. tion, treatment, and aftercare, which shall ‘‘(d) COMMUNITY BEHAVIORAL HEALTH ‘‘(C) The actions necessary to protect the include— PLAN.— exercise of such right. ‘‘(A) prevention, through educational ‘‘(1) ESTABLISHMENT.—The governing body ‘‘(5) The responsibilities of the Bureau of intervention, in Indian communities; of any Indian Tribe or Tribal Organization Indian Affairs and the Service, including ‘‘(B) acute detoxification, psychiatric hos- may adopt a resolution for the establishment mental illness identification, prevention, pitalization, residential, and intensive out- of a community behavioral health plan pro- education, referral, and treatment services patient treatment; viding for the identification and coordina- (including services through multidisci- ‘‘(C) community-based rehabilitation and tion of available resources and programs to plinary resource teams), at the central, area, aftercare;

VerDate Mar 15 2010 22:12 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00127 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JA8.REC S22JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S140 CONGRESSIONAL RECORD — SENATE January 22, 2008 ‘‘(D) community education and involve- vide mental health care services described in the purpose of implementing California ment, including extensive training of health subsection (a) if such individual— treatment networks. care, educational, and community-based per- ‘‘(1) works under the direct supervision of ‘‘(2) FUNDING.—For the purpose of staffing sonnel; a licensed psychologist, social worker, or and operating such centers or facilities, ‘‘(E) specialized residential treatment pro- marriage and family therapist, respectively; funding shall be pursuant to the Act of No- grams for high-risk populations, including ‘‘(2) is enrolled in or has completed at least vember 2, 1921 (25 U.S.C. 13). pregnant and postpartum women and their 2 years of course work at a post-secondary, ‘‘(3) LOCATION.—A youth treatment center children; and accredited education program for psy- constructed or purchased under this sub- ‘‘(F) diagnostic services. chology, social work, marriage and family section shall be constructed or purchased at ‘‘(2) TARGET POPULATIONS.—The target pop- therapy, or counseling; and a location within the area described in para- ulation of such programs shall be members ‘‘(3) meets such other training, super- graph (1) agreed upon (by appropriate tribal of Indian Tribes. Efforts to train and educate vision, and quality review requirements as resolution) by a majority of the Indian key members of the Indian community shall the Secretary may establish. Tribes to be served by such center. also target employees of health, education, ‘‘SEC. 706. INDIAN WOMEN TREATMENT PRO- ‘‘(4) SPECIFIC PROVISION OF FUNDS.— judicial, law enforcement, legal, and social GRAMS. ‘‘(A) IN GENERAL.—Notwithstanding any service programs. ‘‘(a) GRANTS.—The Secretary, consistent other provision of this title, the Secretary ‘‘(b) CONTRACT HEALTH SERVICES.— with section 701, may make grants to Indian may, from amounts authorized to be appro- ‘‘(1) IN GENERAL.—The Secretary, acting Tribes, Tribal Organizations, and Urban In- priated for the purposes of carrying out this through the Service, Indian Tribes, and Trib- dian Organizations to develop and imple- section, make funds available to— al Organizations, may enter into contracts ment a comprehensive behavioral health pro- ‘‘(i) the Tanana Chiefs Conference, Incor- with public or private providers of behav- gram of prevention, intervention, treatment, porated, for the purpose of leasing, con- ioral health treatment services for the pur- and relapse prevention services that specifi- structing, renovating, operating, and main- pose of carrying out the program required cally addresses the cultural, historical, so- taining a residential youth treatment facil- under subsection (a). cial, and child care needs of Indian women, ity in Fairbanks, Alaska; and ‘‘(2) PROVISION OF ASSISTANCE.—In carrying regardless of age. ‘‘(ii) the Southeast Alaska Regional Health Corporation to staff and operate a residen- out this subsection, the Secretary shall pro- ‘‘(b) USE OF GRANT FUNDS.—A grant made vide assistance to Indian Tribes and Tribal pursuant to this section may be used to— tial youth treatment facility without regard Organizations to develop criteria for the cer- ‘‘(1) develop and provide community train- to the proviso set forth in section 4(l) of the tification of behavioral health service pro- ing, education, and prevention programs for Indian Self-Determination and Education viders and accreditation of service facilities Indian women relating to behavioral health Assistance Act (25 U.S.C. 450b(l)). ROVISION OF SERVICES TO ELIGIBLE which meet minimum standards for such issues, including fetal alcohol spectrum dis- ‘‘(B) P YOUTHS.—Until additional residential youth services and facilities. orders; treatment facilities are established in Alas- ‘‘(2) identify and provide psychological ‘‘SEC. 704. MENTAL HEALTH TECHNICIAN PRO- ka pursuant to this section, the facilities GRAM. services, counseling, advocacy, support, and specified in subparagraph (A) shall make ‘‘(a) IN GENERAL.—Under the authority of relapse prevention to Indian women and every effort to provide services to all eligible their families; and the Act of November 2, 1921 (25 U.S.C. 13) Indian youths residing in Alaska. ‘‘(3) develop prevention and intervention (commonly known as the ‘Snyder Act’), the ‘‘(c) INTERMEDIATE ADOLESCENT BEHAV- Secretary shall establish and maintain a models for Indian women which incorporate IORAL HEALTH SERVICES.— mental health technician program within traditional health care practices, cultural ‘‘(1) IN GENERAL.—The Secretary, acting the Service which— values, and community and family involve- through the Service, Indian Tribes, and Trib- ‘‘(1) provides for the training of Indians as ment. al Organizations, may provide intermediate mental health technicians; and ‘‘(c) CRITERIA.—The Secretary, in consulta- behavioral health services to Indian children ‘‘(2) employs such technicians in the provi- tion with Indian Tribes and Tribal Organiza- and adolescents, including— sion of community-based mental health care tions, shall establish criteria for the review ‘‘(A) pretreatment assistance; that includes identification, prevention, edu- and approval of applications and proposals ‘‘(B) inpatient, outpatient, and aftercare cation, referral, and treatment services. for funding under this section. services; ‘‘(b) PARAPROFESSIONAL TRAINING.—In car- ‘‘(d) EARMARK OF CERTAIN FUNDS.—Twenty ‘‘(C) emergency care; rying out subsection (a), the Secretary, act- percent of the funds appropriated pursuant ‘‘(D) suicide prevention and crisis interven- ing through the Service, Indian Tribes, and to this section shall be used to make grants tion; and Tribal Organizations, shall provide high- to Urban Indian Organizations. ‘‘(E) prevention and treatment of mental standard paraprofessional training in mental ‘‘SEC. 707. INDIAN YOUTH PROGRAM. illness and dysfunctional and self-destruc- health care necessary to provide quality care ‘‘(a) DETOXIFICATION AND REHABILITATION.— tive behavior, including child abuse and fam- to the Indian communities to be served. The Secretary, acting through the Service, ily violence. Such training shall be based upon a cur- consistent with section 701, shall develop and ‘‘(2) USE OF FUNDS.—Funds provided under riculum developed or approved by the Sec- implement a program for acute detoxifica- this subsection may be used— retary which combines education in the the- tion and treatment for Indian youths, in- ‘‘(A) to construct or renovate an existing ory of mental health care with supervised cluding behavioral health services. The pro- health facility to provide intermediate be- practical experience in the provision of such gram shall include regional treatment cen- havioral health services; care. ters designed to include detoxification and ‘‘(B) to hire behavioral health profes- ‘‘(c) SUPERVISION AND EVALUATION OF TECH- rehabilitation for both sexes on a referral sionals; NICIANS.—The Secretary, acting through the basis and programs developed and imple- ‘‘(C) to staff, operate, and maintain an in- Service, Indian Tribes, and Tribal Organiza- mented by Indian Tribes or Tribal Organiza- termediate mental health facility, group tions, shall supervise and evaluate the men- tions at the local level under the Indian Self- home, sober housing, transitional housing or tal health technicians in the training pro- Determination and Education Assistance Act similar facilities, or youth shelter where in- gram. (25 U.S.C. 450 et seq.). Regional centers shall termediate behavioral health services are ‘‘(d) TRADITIONAL HEALTH CARE PRAC- be integrated with the intake and rehabilita- being provided; TICES.—The Secretary, acting through the tion programs based in the referring Indian ‘‘(D) to make renovations and hire appro- Service, shall ensure that the program estab- community. priate staff to convert existing hospital beds lished pursuant to this subsection involves ‘‘(b) ALCOHOL AND SUBSTANCE ABUSE into adolescent psychiatric units; and the use and promotion of the traditional TREATMENT CENTERS OR FACILITIES.— ‘‘(E) for intensive home- and community- health care practices of the Indian Tribes to ‘‘(1) ESTABLISHMENT.— based services. be served. ‘‘(A) IN GENERAL.—The Secretary, acting ‘‘(3) CRITERIA.—The Secretary, acting ‘‘SEC. 705. LICENSING REQUIREMENT FOR MEN- through the Service, Indian Tribes, and Trib- through the Service, shall, in consultation TAL HEALTH CARE WORKERS. al Organizations, shall construct, renovate, with Indian Tribes and Tribal Organizations, ‘‘(a) IN GENERAL.—Subject to the provi- or, as necessary, purchase, and appropriately establish criteria for the review and approval sions of section 221, and except as provided in staff and operate, at least 1 youth regional of applications or proposals for funding made subsection (b), any individual employed as a treatment center or treatment network in available pursuant to this subsection. psychologist, social worker, or marriage and each area under the jurisdiction of an Area ‘‘(d) FEDERALLY-OWNED STRUCTURES.— family therapist for the purpose of providing Office. ‘‘(1) IN GENERAL.—The Secretary, in con- mental health care services to Indians in a ‘‘(B) AREA OFFICE IN CALIFORNIA.—For the sultation with Indian Tribes and Tribal Or- clinical setting under this Act is required to purposes of this subsection, the Area Office ganizations, shall— be licensed as a psychologist, social worker, in California shall be considered to be 2 Area ‘‘(A) identify and use, where appropriate, or marriage and family therapist, respec- Offices, 1 office whose jurisdiction shall be federally-owned structures suitable for local tively. considered to encompass the northern area residential or regional behavioral health ‘‘(b) TRAINEES.—An individual may be em- of the State of California, and 1 office whose treatment for Indian youths; and ployed as a trainee in psychology, social jurisdiction shall be considered to encompass ‘‘(B) establish guidelines for determining work, or marriage and family therapy to pro- the remainder of the State of California for the suitability of any such federally-owned

VerDate Mar 15 2010 22:12 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00128 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JA8.REC S22JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 22, 2008 CONGRESSIONAL RECORD — SENATE S141 structure to be used for local residential or mental health services in suicide prevention, counseling and intervention, and related as- regional behavioral health treatment for In- intervention and treatment of Indian youth, sistance to Service, tribal, or urban clini- dian youths. including through— cians and health services providers working ‘‘(2) TERMS AND CONDITIONS FOR USE OF ‘‘(1) the use of psychotherapy, psychiatric with youth being served under this dem- STRUCTURE.—Any structure described in assessments, diagnostic interviews, therapies onstration project. paragraph (1) may be used under such terms for mental health conditions predisposing to ‘‘(C) To assist, educate and train commu- and conditions as may be agreed upon by the suicide, and alcohol and substance abuse nity leaders, health education professionals Secretary and the agency having responsi- treatment; and paraprofessionals, tribal outreach work- bility for the structure and any Indian Tribe ‘‘(2) the provision of clinical expertise to, ers, and family members who work with the or Tribal Organization operating the pro- consultation services with, and medical ad- youth receiving telemental health services gram. vice and training for frontline health care under this demonstration project, including ‘‘(e) REHABILITATION AND AFTERCARE SERV- providers working with Indian youth; with identification of suicidal tendencies, ICES.— ‘‘(3) training and related support for com- crisis intervention and suicide prevention, ‘‘(1) IN GENERAL.—The Secretary, Indian munity leaders, family members and health emergency skill development, and building Tribes, or Tribal Organizations, in coopera- and education workers who work with Indian and expanding networks among these indi- tion with the Secretary of the Interior, shall youth; viduals and with State and local health serv- develop and implement within each Service ‘‘(4) the development of culturally-relevant ices providers. Unit, community-based rehabilitation and educational materials on suicide; and ‘‘(D) To develop and distribute culturally follow-up services for Indian youths who are ‘‘(5) data collection and reporting. appropriate community educational mate- having significant behavioral health prob- ‘‘(b) DEFINITIONS.—For the purpose of this rials on— lems, and require long-term treatment, com- section, the following definitions shall apply: ‘‘(i) suicide prevention; munity reintegration, and monitoring to ‘‘(1) DEMONSTRATION PROJECT.—The term ‘‘(ii) suicide education; support the Indian youths after their return ‘demonstration project’ means the Indian ‘‘(iii) suicide screening; to their home community. youth telemental health demonstration ‘‘(iv) suicide intervention; and ‘‘(2) ADMINISTRATION.—Services under para- project authorized under subsection (c). ‘‘(v) ways to mobilize communities with re- ‘‘(2) TELEMENTAL HEALTH.—The term ‘tele- graph (1) shall be provided by trained staff spect to the identification of risk factors for mental health’ means the use of electronic within the community who can assist the In- suicide. information and telecommunications tech- dian youths in their continuing development ‘‘(E) For data collection and reporting re- nologies to support long distance mental of self-image, positive problem-solving lated to Indian youth suicide prevention ef- health care, patient and professional-related skills, and nonalcohol or substance abusing forts. education, public health, and health admin- behaviors. Such staff may include alcohol ‘‘(2) TRADITIONAL HEALTH CARE PRAC- istration. and substance abuse counselors, mental TICES.—In carrying out the purposes de- ‘‘(c) AUTHORIZATION.— health professionals, and other health profes- scribed in paragraph (1), an Indian Tribe or ‘‘(1) IN GENERAL.—The Secretary is author- sionals and paraprofessionals, including ized to award grants under the demonstra- Tribal Organization may use and promote community health representatives. tion project for the provision of telemental the traditional health care practices of the ‘‘(f) INCLUSION OF FAMILY IN YOUTH TREAT- health services to Indian youth who— Indian Tribes of the youth to be served. MENT PROGRAM.—In providing the treatment and other services to Indian youths author- ‘‘(A) have expressed suicidal ideas; ‘‘(e) APPLICATIONS.—To be eligible to re- ized by this section, the Secretary, acting ‘‘(B) have attempted suicide; or ceive a grant under subsection (c), an Indian through the Service, Indian Tribes, and Trib- ‘‘(C) have mental health conditions that Tribe or Tribal Organization shall prepare al Organizations, shall provide for the inclu- increase or could increase the risk of suicide. and submit to the Secretary an application, sion of family members of such youths in the ‘‘(2) ELIGIBILITY FOR GRANTS.—Such grants at such time, in such manner, and con- treatment programs or other services as may shall be awarded to Indian Tribes and Tribal taining such information as the Secretary Organizations that operate 1 or more facili- be appropriate. Not less than 10 percent of may require, including— ties— the funds appropriated for the purposes of ‘‘(1) a description of the project that the ‘‘(A) located in Alaska and part of the carrying out subsection (e) shall be used for Indian Tribe or Tribal Organization will Alaska Federal Health Care Access Network; outpatient care of adult family members re- carry out using the funds provided under the ‘‘(B) reporting active clinical telehealth lated to the treatment of an Indian youth grant; capabilities; or under that subsection. ‘‘(2) a description of the manner in which ‘‘(C) offering school-based telemental ‘‘(g) MULTIDRUG ABUSE PROGRAM.—The the project funded under the grant would— health services relating to psychiatry to In- Secretary, acting through the Service, In- ‘‘(A) meet the telemental health care needs dian youth. dian Tribes, and Tribal Organizations, shall of the Indian youth population to be served ‘‘(3) GRANT PERIOD.—The Secretary shall provide, consistent with section 701, pro- by the project; or award grants under this section for a period grams and services to prevent and treat the ‘‘(B) improve the access of the Indian of up to 4 years. abuse of multiple forms of substances, in- youth population to be served to suicide pre- ‘‘(4) AWARDING OF GRANTS.—Not more than cluding alcohol, drugs, inhalants, and to- vention and treatment services; 5 grants shall be provided under paragraph bacco, among Indian youths residing in In- ‘‘(3) evidence of support for the project (1), with priority consideration given to In- dian communities, on or near reservations, from the local community to be served by dian Tribes and Tribal Organizations that— and in urban areas and provide appropriate the project; ‘‘(A) serve a particular community or geo- mental health services to address the inci- ‘‘(4) a description of how the families and graphic area where there is a demonstrated dence of mental illness among such youths. leadership of the communities or popu- ‘‘(h) INDIAN YOUTH MENTAL HEALTH.—The need to address Indian youth suicide; lations to be served by the project would be Secretary, acting through the Service, shall ‘‘(B) enter in to collaborative partnerships involved in the development and ongoing op- collect data for the report under section 801 with Indian Health Service or Tribal Health erations of the project; with respect to— Programs or facilities to provide services ‘‘(5) a plan to involve the tribal community ‘‘(1) the number of Indian youth who are under this demonstration project; of the youth who are provided services by being provided mental health services ‘‘(C) serve an isolated community or geo- the project in planning and evaluating the through the Service and Tribal Health Pro- graphic area which has limited or no access mental health care and suicide prevention grams; to behavioral health services; or efforts provided, in order to ensure the inte- ‘‘(2) a description of, and costs associated ‘‘(D) operate a detention facility at which gration of community, clinical, environ- with, the mental health services provided for Indian youth are detained. mental, and cultural components of the Indian youth through the Service and Tribal ‘‘(d) USE OF FUNDS.— treatment; and Health Programs; ‘‘(1) IN GENERAL.—An Indian Tribe or Trib- ‘‘(6) a plan for sustaining the project after ‘‘(3) the number of youth referred to the al Organization shall use a grant received Federal assistance for the demonstration Service or Tribal Health Programs for men- under subsection (c) for the following pur- project has terminated. tal health services; poses: ‘‘(4) the number of Indian youth provided ‘‘(A) To provide telemental health services ‘‘(f) COLLABORATION; REPORTING TO NA- residential treatment for mental health and to Indian youth, including the provision of— TIONAL CLEARINGHOUSE.— behavioral problems through the Service and ‘‘(i) psychotherapy; ‘‘(1) COLLABORATION.—The Secretary, act- Tribal Health Programs, reported separately ‘‘(ii) psychiatric assessments and diag- ing through the Service, shall encourage In- for on- and off-reservation facilities; and nostic interviews, therapies for mental dian Tribes and Tribal Organizations receiv- ‘‘(5) the costs of the services described in health conditions predisposing to suicide, ing grants under this section to collaborate paragraph (4). and treatment; and to enable comparisons about best practices ‘‘SEC. 708. INDIAN YOUTH TELEMENTAL HEALTH ‘‘(iii) alcohol and substance abuse treat- across projects. DEMONSTRATION PROJECT. ment. ‘‘(2) REPORTING TO NATIONAL CLEARING- ‘‘(a) PURPOSE.—The purpose of this section ‘‘(B) To provide clinician-interactive med- HOUSE.—The Secretary, acting through the is to authorize the Secretary to carry out a ical advice, guidance and training, assist- Service, shall also encourage Indian Tribes demonstration project to test the use of tele- ance in diagnosis and interpretation, crisis and Tribal Organizations receiving grants

VerDate Mar 15 2010 22:12 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00129 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JA8.REC S22JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S142 CONGRESSIONAL RECORD — SENATE January 22, 2008 under this section to submit relevant, de- training for prevention, intervention, treat- ‘‘(i) To develop and provide for Indians classified project information to the na- ment, and aftercare. community and in-school training, edu- tional clearinghouse authorized under sec- ‘‘(b) INSTRUCTION.—The Secretary, acting cation, and prevention programs relating to tion 701(b)(2) in order to better facilitate pro- through the Service, shall, either directly or fetal alcohol spectrum disorders. gram performance and improve suicide pre- through Indian Tribes and Tribal Organiza- ‘‘(ii) To identify and provide behavioral vention, intervention, and treatment serv- tions, provide instruction in the area of be- health treatment to high-risk Indian women ices. havioral health issues, including instruction and high-risk women pregnant with an Indi- ‘‘(g) ANNUAL REPORT.—Each grant recipi- in crisis intervention and family relations in an’s child. ent shall submit to the Secretary an annual the context of alcohol and substance abuse, ‘‘(iii) To identify and provide appropriate report that— child sexual abuse, youth alcohol and sub- psychological services, educational and voca- ‘‘(1) describes the number of telemental stance abuse, and the causes and effects of tional support, counseling, advocacy, and in- health services provided; and fetal alcohol spectrum disorders to appro- formation to fetal alcohol spectrum dis- ‘‘(2) includes any other information that priate employees of the Bureau of Indian Af- orders-affected Indians and their families or the Secretary may require. fairs and the Service, and to personnel in caretakers. ‘‘(h) REPORT TO CONGRESS.—Not later than schools or programs operated under any con- ‘‘(iv) To develop and implement counseling 270 days after the termination of the dem- tract with the Bureau of Indian Affairs or and support programs in schools for fetal al- onstration project, the Secretary shall sub- the Service, including supervisors of emer- cohol spectrum disorders-affected Indian mit to the Committee on Indian Affairs of gency shelters and halfway houses described children. the Senate and the Committee on Natural in section 4213 of the Indian Alcohol and ‘‘(v) To develop prevention and interven- Resources and Committee on Energy and Substance Abuse Prevention and Treatment tion models which incorporate practitioners Commerce of the House of Representatives a Act of 1986 (25 U.S.C. 2433). of traditional health care practices, cultural final report, based on the annual reports pro- ‘‘(c) TRAINING MODELS.—In carrying out values, and community involvement. the education and training programs re- vided by grant recipients under subsection ‘‘(vi) To develop, print, and disseminate quired by this section, the Secretary, in con- (h), that— education and prevention materials on fetal sultation with Indian Tribes, Tribal Organi- ‘‘(1) describes the results of the projects alcohol spectrum disorders. zations, Indian behavioral health experts, funded by grants awarded under this section, ‘‘(vii) To develop and implement, in con- and Indian alcohol and substance abuse pre- sultation with Indian Tribes and Tribal Or- including any data available which indicates vention experts, shall develop and provide ganizations, and in conference with Urban the number of attempted suicides; community-based training models. Such Indian Organizations, culturally sensitive as- ‘‘(2) evaluates the impact of the telemental models shall address— sessment and diagnostic tools including health services funded by the grants in re- ‘‘(1) the elevated risk of alcohol and behav- dysmorphology clinics and multidisciplinary ducing the number of completed suicides ioral health problems faced by children of al- fetal alcohol spectrum disorders clinics for among Indian youth; coholics; use in Indian communities and Urban Cen- ‘‘(3) evaluates whether the demonstration ‘‘(2) the cultural, spiritual, and project should be— multigenerational aspects of behavioral ters. ‘‘(A) expanded to provide more than 5 health problem prevention and recovery; and ‘‘(B) ADDITIONAL USES.—In addition to any grants; and ‘‘(3) community-based and multidisci- purpose under subparagraph (A), funding pro- ‘‘(B) designated a permanent program; and plinary strategies for preventing and treat- vided pursuant to this section may be used ‘‘(4) evaluates the benefits of expanding the ing behavioral health problems. for 1 or more of the following: ‘‘(i) Early childhood intervention projects demonstration project to include Urban In- ‘‘SEC. 711. BEHAVIORAL HEALTH PROGRAM. from birth on to mitigate the effects of fetal dian Organizations. ‘‘(a) INNOVATIVE PROGRAMS.—The Sec- ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.— retary, acting through the Service, Indian alcohol spectrum disorders among Indians. There is authorized to be appropriated to Tribes, and Tribal Organizations, consistent ‘‘(ii) Community-based support services for carry out this section $1,500,000 for each of with section 701, may plan, develop, imple- Indians and women pregnant with Indian fiscal years 2008 through 2011. ment, and carry out programs to deliver in- children. ‘‘SEC. 709. INPATIENT AND COMMUNITY-BASED novative community-based behavioral health ‘‘(iii) Community-based housing for adult MENTAL HEALTH FACILITIES DE- services to Indians. Indians with fetal alcohol spectrum dis- SIGN, CONSTRUCTION, AND STAFF- ‘‘(b) AWARDS; CRITERIA.—The Secretary orders. ING. may award a grant for a project under sub- ‘‘(3) CRITERIA FOR APPLICATIONS.—The Sec- ‘‘Not later than 1 year after the date of en- section (a) to an Indian Tribe or Tribal Orga- retary shall establish criteria for the review actment of the Indian Health Care Improve- nization and may consider the following cri- and approval of applications for funding ment Act Amendments of 2008, the Sec- teria: under this section. retary, acting through the Service, Indian ‘‘(1) The project will address significant ‘‘(b) SERVICES.—The Secretary, acting Tribes, and Tribal Organizations, may pro- unmet behavioral health needs among Indi- through the Service, Indian Tribes, and Trib- vide, in each area of the Service, not less ans. al Organizations, shall— than 1 inpatient mental health care facility, ‘‘(2) The project will serve a significant ‘‘(1) develop and provide services for the or the equivalent, for Indians with behav- number of Indians. prevention, intervention, treatment, and ioral health problems. For the purposes of ‘‘(3) The project has the potential to de- aftercare for those affected by fetal alcohol this subsection, California shall be consid- liver services in an efficient and effective spectrum disorders in Indian communities; ered to be 2 Area Offices, 1 office whose loca- manner. and tion shall be considered to encompass the ‘‘(4) The Indian Tribe or Tribal Organiza- ‘‘(2) provide supportive services, including northern area of the State of California and tion has the administrative and financial ca- services to meet the special educational, vo- 1 office whose jurisdiction shall be consid- pability to administer the project. cational, school-to-work transition, and ered to encompass the remainder of the ‘‘(5) The project may deliver services in a independent living needs of adolescent and State of California. The Secretary shall con- manner consistent with traditional health adult Indians with fetal alcohol spectrum sider the possible conversion of existing, care practices. disorders. underused Service hospital beds into psy- ‘‘(6) The project is coordinated with, and ‘‘(c) TASK FORCE.—The Secretary shall es- chiatric units to meet such need. avoids duplication of, existing services. tablish a task force to be known as the Fetal ‘‘SEC. 710. TRAINING AND COMMUNITY EDU- ‘‘(c) EQUITABLE TREATMENT.—For purposes Alcohol Spectrum Disorders Task Force to CATION. of this subsection, the Secretary shall, in advise the Secretary in carrying out sub- ‘‘(a) PROGRAM.—The Secretary, in coopera- evaluating project applications or proposals, section (b). Such task force shall be com- tion with the Secretary of the Interior, shall use the same criteria that the Secretary uses posed of representatives from the following: develop and implement or assist Indian in evaluating any other application or pro- ‘‘(1) The National Institute on Drug Abuse. Tribes and Tribal Organizations to develop posal for such funding. ‘‘(2) The National Institute on Alcohol and and implement, within each Service Unit or ‘‘SEC. 712. FETAL ALCOHOL SPECTRUM DIS- Alcoholism. tribal program, a program of community ORDERS PROGRAMS. ‘‘(3) The Office of Substance Abuse Preven- education and involvement which shall be ‘‘(a) PROGRAMS.— tion. designed to provide concise and timely infor- ‘‘(1) ESTABLISHMENT.—The Secretary, con- ‘‘(4) The National Institute of Mental mation to the community leadership of each sistent with section 701, acting through the Health. tribal community. Such program shall in- Service, Indian Tribes, and Tribal Organiza- ‘‘(5) The Service. clude education about behavioral health tions, is authorized to establish and operate ‘‘(6) The Office of Minority Health of the issues to political leaders, Tribal judges, law fetal alcohol spectrum disorders programs as Department of Health and Human Services. enforcement personnel, members of tribal provided in this section for the purposes of ‘‘(7) The Administration for Native Ameri- health and education boards, health care meeting the health status objectives speci- cans. providers including traditional practitioners, fied in section 3. ‘‘(8) The National Institute of Child Health and other critical members of each tribal ‘‘(2) USE OF FUNDS.— and Human Development (NICHD). community. Such program may also include ‘‘(A) IN GENERAL.—Funding provided pursu- ‘‘(9) The Centers for Disease Control and community-based training to develop local ant to this section shall be used for the fol- Prevention. capacity and tribal community provider lowing: ‘‘(10) The Bureau of Indian Affairs.

VerDate Mar 15 2010 22:12 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00130 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JA8.REC S22JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 22, 2008 CONGRESSIONAL RECORD — SENATE S143 ‘‘(11) Indian Tribes. grams relating to domestic violence and sex- ‘‘(2) the interrelationship and interdepend- ‘‘(12) Tribal Organizations. ual abuse; ence of behavioral health problems with al- ‘‘(13) Urban Indian communities. ‘‘(2) to provide behavioral health services, coholism and other substance abuse, suicide, ‘‘(14) Indian fetal alcohol spectrum dis- including victim support services, and med- homicides, other injuries, and the incidence orders experts. ical treatment (including examinations per- of family violence; and ‘‘(d) APPLIED RESEARCH PROJECTS.—The formed by sexual assault nurse examiners) to ‘‘(3) the development of models of preven- Secretary, acting through the Substance Indian victims of domestic violence or sexual tion techniques. Abuse and Mental Health Services Adminis- abuse; The effect of the interrelationships and tration, shall make grants to Indian Tribes, ‘‘(3) to purchase rape kits, interdependencies referred to in paragraph Tribal Organizations, and Urban Indian Or- ‘‘(4) to develop prevention and intervention (2) on children, and the development of pre- ganizations for applied research projects models, which may incorporate traditional vention techniques under paragraph (3) ap- which propose to elevate the understanding health care practices; and plicable to children, shall be emphasized. of methods to prevent, intervene, treat, or ‘‘(5) to identify and provide behavioral ‘‘SEC. 716. DEFINITIONS. provide rehabilitation and behavioral health health treatment to perpetrators who are In- ‘‘For the purpose of this title, the fol- aftercare for Indians and Urban Indians af- dian or members of an Indian household. lowing definitions shall apply: fected by fetal alcohol spectrum disorders. ‘‘(c) TRAINING AND CERTIFICATION.— ‘‘(1) ASSESSMENT.—The term ‘assessment’ ‘‘(e) FUNDING FOR URBAN INDIAN ORGANIZA- ‘‘(1) IN GENERAL.—Not later than 1 year means the systematic collection, analysis, TIONS.—Ten percent of the funds appro- after the date of enactment of the Indian and dissemination of information on health priated pursuant to this section shall be used Health Care Improvement Act Amendments status, health needs, and health problems. to make grants to Urban Indian Organiza- of 2008, the Secretary shall establish appro- ‘‘(2) ALCOHOL-RELATED tions funded under title V. priate protocols, policies, procedures, stand- NEURODEVELOPMENTAL DISORDERS OR ARND.— ards of practice, and, if not available else- ‘‘SEC. 713. CHILD SEXUAL ABUSE PREVENTION The term ‘alcohol-related AND TREATMENT PROGRAMS. where, training curricula and training and neurodevelopmental disorders’ or ‘ARND’ ‘‘(a) ESTABLISHMENT.—The Secretary, act- certification requirements for services for ing through the Service, and the Secretary victims of domestic violence and sexual means any 1 of a spectrum of effects that— of the Interior, Indian Tribes, and Tribal Or- abuse. ‘‘(A) may occur when a woman drinks alco- hol during pregnancy; and ganizations, shall establish, consistent with ‘‘(2) REPORT.—Not later than 18 months section 701, in every Service Area, programs after the date of enactment of the Indian ‘‘(B) involves a central nervous system ab- involving treatment for— Health Care Improvement Act Amendments normality that may be structural, neuro- ‘‘(1) victims of sexual abuse who are Indian of 2008, the Secretary shall submit to the logical, or functional. children or children in an Indian household; Committee on Indian Affairs of the Senate ‘‘(3) BEHAVIORAL HEALTH AFTERCARE.—The and and the Committee on Natural Resources of term ‘behavioral health aftercare’ includes ‘‘(2) perpetrators of child sexual abuse who the House of Representatives a report that those activities and resources used to sup- are Indian or members of an Indian house- describes the means and extent to which the port recovery following inpatient, residen- hold. Secretary has carried out paragraph (1). tial, intensive substance abuse, or mental ‘‘(b) USE OF FUNDS.—Funding provided pur- ‘‘(d) COORDINATION.— health outpatient or outpatient treatment. suant to this section shall be used for the ‘‘(1) IN GENERAL.—The Secretary, in coordi- The purpose is to help prevent or deal with following: nation with the Attorney General, Federal relapse by ensuring that by the time a client ‘‘(1) To develop and provide community and tribal law enforcement agencies, Indian or patient is discharged from a level of care, education and prevention programs related Health Programs, and domestic violence or such as outpatient treatment, an aftercare to sexual abuse of Indian children or children sexual assault victim organizations, shall de- plan has been developed with the client. An in an Indian household. velop appropriate victim services and victim aftercare plan may use such resources as a ‘‘(2) To identify and provide behavioral advocate training programs— community-based therapeutic group, transi- health treatment to victims of sexual abuse ‘‘(A) to improve domestic violence or sex- tional living facilities, a 12-step sponsor, a who are Indian children or children in an In- ual abuse responses; local 12-step or other related support group, dian household, and to their family members ‘‘(B) to improve forensic examinations and and other community-based providers. who are affected by sexual abuse. collection; ‘‘(4) DUAL DIAGNOSIS.—The term ‘dual diag- ‘‘(3) To develop prevention and interven- ‘‘(C) to identify problems or obstacles in nosis’ means coexisting substance abuse and tion models which incorporate traditional the prosecution of domestic violence or sex- mental illness conditions or diagnosis. Such health care practices, cultural values, and ual abuse; and clients are sometimes referred to as men- community involvement. ‘‘(D) to meet other needs or carry out other tally ill chemical abusers (MICAs). ‘‘(4) To develop and implement culturally activities required to prevent, treat, and im- ‘‘(5) FETAL ALCOHOL SPECTRUM DISORDERS.— sensitive assessment and diagnostic tools for prove prosecutions of domestic violence and ‘‘(A) IN GENERAL.—The term ‘fetal alcohol use in Indian communities and Urban Cen- sexual abuse. spectrum disorders’ includes a range of ef- ters. ‘‘(2) REPORT.—Not later than 2 years after fects that can occur in an individual whose ‘‘(5) To identify and provide behavioral the date of enactment of the Indian Health mother drank alcohol during pregnancy, in- health treatment to Indian perpetrators and Care Improvement Act Amendments of 2008, cluding physical, mental, behavioral, and/or perpetrators who are members of an Indian the Secretary shall submit to the Committee learning disabilities with possible lifelong household— on Indian Affairs of the Senate and the Com- implications. ‘‘(A) making efforts to begin offender and mittee on Natural Resources of the House of ‘‘(B) INCLUSIONS.—The term ‘fetal alcohol behavioral health treatment while the perpe- Representatives a report that describes, with spectrum disorders’ may include— trator is incarcerated or at the earliest pos- respect to the matters described in para- ‘‘(i) fetal alcohol syndrome (FAS); sible date if the perpetrator is not incarcer- graph (1), the improvements made and need- ‘‘(ii) fetal alcohol effect (FAE); ated; and ed, problems or obstacles identified, and ‘‘(iii) alcohol-related birth defects; and ‘‘(B) providing treatment after the perpe- costs necessary to address the problems or ‘‘(iv) alcohol-related neurodevelopmental trator is released, until it is determined that obstacles, and any other recommendations disorders (ARND). the perpetrator is not a threat to children. that the Secretary determines to be appro- ‘‘(6) FETAL ALCOHOL SYNDROME OR FAS.— ‘‘(c) COORDINATION.—The programs estab- priate. The term ‘fetal alcohol syndrome’ or ‘FAS’ lished under subsection (a) shall be carried ‘‘SEC. 715. BEHAVIORAL HEALTH RESEARCH. means any 1 of a spectrum of effects that out in coordination with programs and serv- ‘‘The Secretary, in consultation with ap- may occur when a woman drinks alcohol ices authorized under the Indian Child Pro- propriate Federal agencies, shall make during pregnancy, the diagnosis of which in- tection and Family Violence Prevention Act grants to, or enter into contracts with, In- volves the confirmed presence of the fol- (25 U.S.C. 3201 et seq.). dian Tribes, Tribal Organizations, and Urban lowing 3 criteria: ‘‘SEC. 714. DOMESTIC AND SEXUAL VIOLENCE Indian Organizations or enter into contracts ‘‘(A) Craniofacial abnormalities. PREVENTION AND TREATMENT. with, or make grants to appropriate institu- ‘‘(B) Growth deficits. ‘‘(a) IN GENERAL.—The Secretary, in ac- tions for, the conduct of research on the inci- ‘‘(C) Central nervous system abnormali- cordance with section 701, is authorized to dence and prevalence of behavioral health ties. establish in each Service Area programs in- problems among Indians served by the Serv- ‘‘(7) REHABILITATION.—The term ‘rehabili- volving the prevention and treatment of— ice, Indian Tribes, or Tribal Organizations tation’ means to restore the ability or capac- ‘‘(1) Indian victims of domestic violence or and among Indians in urban areas. Research ity to engage in usual and customary life ac- sexual abuse; and priorities under this section shall include— tivities through education and therapy. ‘‘(2) perpetrators of domestic violence or ‘‘(1) the multifactorial causes of Indian ‘‘(8) SUBSTANCE ABUSE.—The term ‘sub- sexual abuse who are Indian or members of youth suicide, including— stance abuse’ includes inhalant abuse. an Indian household. ‘‘(A) protective and risk factors and sci- ‘‘SEC. 717. AUTHORIZATION OF APPROPRIATIONS. ‘‘(b) USE OF FUNDS.—Funds made available entific data that identifies those factors; and ‘‘There is authorized to be appropriated to carry out this section shall be used— ‘‘(B) the effects of loss of cultural identity such sums as may be necessary for each fis- ‘‘(1) to develop and implement prevention and the development of scientific data on cal year through fiscal year 2017 to carry out programs and community education pro- those effects; the provisions of this title.

VerDate Mar 15 2010 22:12 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00131 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JA8.REC S22JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S144 CONGRESSIONAL RECORD — SENATE January 22, 2008 ‘‘TITLE VIII—MISCELLANEOUS ‘‘(20) A report on Indian youth mental to the performance of abortions using funds ‘‘SEC. 801. REPORTS. health services as required by section 707(h). contained in an Act providing appropriations ‘‘For each fiscal year following the date of ‘‘(21) A report on the reallocation of base for the Service. enactment of the Indian Health Care Im- resources if required by section 808. ‘‘(b) TRADITIONAL HEALTH CARE PRAC- provement Act Amendments of 2008, the Sec- ‘‘SEC. 802. REGULATIONS. TICES.—Although the Secretary may pro- retary shall transmit to Congress a report ‘‘(a) DEADLINES.— mote traditional health care practices, con- containing the following: ‘‘(1) PROCEDURES.—Not later than 90 days sistent with the Service standards for the ‘‘(1) A report on the progress made in after the date of enactment of the Indian provision of health care, health promotion, meeting the objectives of this Act, including Health Care Improvement Act Amendments and disease prevention under this Act, the a review of programs established or assisted of 2008, the Secretary shall initiate proce- United States is not liable for any provision pursuant to this Act and assessments and dures under subchapter III of chapter 5 of of traditional health care practices pursuant recommendations of additional programs or title 5, United States Code, to negotiate and to this Act that results in damage, injury, or additional assistance necessary to, at a min- promulgate such regulations or amendments death to a patient. Nothing in this sub- imum, provide health services to Indians and thereto that are necessary to carry out titles section shall be construed to alter any liabil- ensure a health status for Indians, which are II (except section 202) and VII, the sections ity or other obligation that the United at a parity with the health services available of title III for which negotiated rulemaking States may otherwise have under the Indian to and the health status of the general popu- is specifically required, and section 807. Un- Self-Determination and Education Assist- lation. less otherwise required, the Secretary may ance Act (25 U.S.C. 450 et seq.) or this Act. ‘‘(2) A report on whether, and to what ex- promulgate regulations to carry out titles I, ‘‘SEC. 806. ELIGIBILITY OF CALIFORNIA INDIANS. tent, new national health care programs, III, IV, and V, and section 202, using the pro- ‘‘(a) IN GENERAL.—The following California benefits, initiatives, or financing systems cedures required by chapter V of title 5, Indians shall be eligible for health services have had an impact on the purposes of this United States Code (commonly known as the provided by the Service: Act and any steps that the Secretary may ‘Administrative Procedure Act’). ‘‘(1) Any member of a federally recognized Indian Tribe. have taken to consult with Indian Tribes, ‘‘(2) PROPOSED REGULATIONS.—Proposed Tribal Organizations, and Urban Indian Or- regulations to implement this Act shall be ‘‘(2) Any descendant of an Indian who was ganizations to address such impact, includ- published in the Federal Register by the Sec- residing in California on June 1, 1852, if such ing a report on proposed changes in alloca- retary no later than 2 years after the date of descendant— tion of funding pursuant to section 808. enactment of the Indian Health Care Im- ‘‘(A) is a member of the Indian community ‘‘(3) A report on the use of health services provement Act Amendments of 2008 and shall served by a local program of the Service; and by Indians— have no less than a 120-day comment period. ‘‘(B) is regarded as an Indian by the com- munity in which such descendant lives. ‘‘(A) on a national and area or other rel- ‘‘(3) FINAL REGULATIONS.—The Secretary evant geographical basis; shall publish in the Federal Register final ‘‘(3) Any Indian who holds trust interests ‘‘(B) by gender and age; regulations to implement this Act by not in public domain, national forest, or reserva- ‘‘(C) by source of payment and type of serv- later than 3 years after the date of enact- tion allotments in California. ice; ment of the Indian Health Care Improvement ‘‘(4) Any Indian in California who is listed ‘‘(D) comparing such rates of use with Act Amendments of 2008. on the plans for distribution of the assets of rates of use among comparable non-Indian ‘‘(b) COMMITTEE.—A negotiated rulemaking rancherias and reservations located within populations; and committee established pursuant to section the State of California under the Act of Au- ‘‘(E) provided under contracts. 565 of title 5, United States Code, to carry gust 18, 1958 (72 Stat. 619), and any descend- ‘‘(4) A report of contractors to the Sec- out this section shall have as its members ant of such an Indian. LARIFICATION.—Nothing in this sec- retary on Health Care Educational Loan Re- only representatives of the Federal Govern- ‘‘(b) C tion may be construed as expanding the eli- payments every 6 months required by section ment and representatives of Indian Tribes, gibility of California Indians for health serv- 110. and Tribal Organizations, a majority of ‘‘(5) A general audit report of the Sec- ices provided by the Service beyond the whom shall be nominated by and be rep- retary on the Health Care Educational Loan scope of eligibility for such health services resentatives of Indian Tribes and Tribal Or- Repayment Program as required by section that applied on May 1, 1986. ganizations from each Service Area. 110(n). ‘‘SEC. 807. HEALTH SERVICES FOR INELIGIBLE ‘‘(c) ADAPTATION OF PROCEDURES.—The PERSONS. ‘‘(6) A report of the findings and conclu- Secretary shall adapt the negotiated rule- sions of demonstration programs on develop- ‘‘(a) CHILDREN.—Any individual who— making procedures to the unique context of ment of educational curricula for substance ‘‘(1) has not attained 19 years of age; self-governance and the government-to-gov- abuse counseling as required in section 125(f). ‘‘(2) is the natural or adopted child, step- ernment relationship between the United ‘‘(7) A separate statement which specifies child, foster child, legal ward, or orphan of States and Indian Tribes. the amount of funds requested to carry out an eligible Indian; and ‘‘(d) LACK OF REGULATIONS.—The lack of the provisions of section 201. ‘‘(3) is not otherwise eligible for health promulgated regulations shall not limit the ‘‘(8) A report of the evaluations of health services provided by the Service, effect of this Act. promotion and disease prevention as re- ‘‘(e) INCONSISTENT REGULATIONS.—The pro- shall be eligible for all health services pro- quired in section 203(c). visions of this Act shall supersede any con- vided by the Service on the same basis and ‘‘(9) A biennial report to Congress on infec- flicting provisions of law in effect on the day subject to the same rules that apply to eligi- tious diseases as required by section 212. before the date of enactment of the Indian ble Indians until such individual attains 19 ‘‘(10) A report on environmental and nu- Health Care Improvement Act Amendments years of age. The existing and potential clear health hazards as required by section of 2008, and the Secretary is authorized to re- health needs of all such individuals shall be 215. peal any regulation inconsistent with the taken into consideration by the Service in ‘‘(11) An annual report on the status of all provisions of this Act. determining the need for, or the allocation health care facilities needs as required by of, the health resources of the Service. If ‘‘SEC. 803. PLAN OF IMPLEMENTATION. section 301(c)(2)(B) and 301(d). such an individual has been determined to be ‘‘Not later than 9 months after the date of ‘‘(12) Reports on safe water and sanitary legally incompetent prior to attaining 19 enactment of the Indian Health Care Im- waste disposal facilities as required by sec- years of age, such individual shall remain el- provement Act Amendments of 2008, the Sec- tion 302(h). igible for such services until 1 year after the retary, in consultation with Indian Tribes ‘‘(13) An annual report on the expenditure date of a determination of competency. and Tribal Organizations, and in conference of non-Service funds for renovation as re- ‘‘(b) SPOUSES.—Any spouse of an eligible quired by sections 304(b)(2). with Urban Indian Organizations, shall sub- Indian who is not an Indian, or who is of In- ‘‘(14) A report identifying the backlog of mit to Congress a plan explaining the man- dian descent but is not otherwise eligible for maintenance and repair required at Service ner and schedule, by title and section, by the health services provided by the Service, and tribal facilities required by section which the Secretary will implement the pro- shall be eligible for such health services if 313(a). visions of this Act. This consultation may be all such spouses or spouses who are married ‘‘(15) A report providing an accounting of conducted jointly with the annual budget to members of each Indian Tribe being reimbursement funds made available to the consultation pursuant to the Indian Self-De- served are made eligible, as a class, by an ap- Secretary under titles XVIII, XIX, and XXI termination and Education Assistance Act propriate resolution of the governing body of of the Social Security Act. (25 U.S.C. 450 et seq). the Indian Tribe or Tribal Organization pro- ‘‘(16) A report on any arrangements for the ‘‘SEC. 804. AVAILABILITY OF FUNDS. viding such services. The health needs of per- sharing of medical facilities or services, as ‘‘The funds appropriated pursuant to this sons made eligible under this paragraph shall authorized by section 406. Act shall remain available until expended. not be taken into consideration by the Serv- ‘‘(17) A report on evaluation and renewal of ‘‘SEC. 805. LIMITATIONS. ice in determining the need for, or allocation Urban Indian programs under section 505. ‘‘(a) USE OF FUNDS.—Any limitation on the of, its health resources. ‘‘(18) A report on the evaluation of pro- use of funds contained in an Act providing ‘‘(c) PROVISION OF SERVICES TO OTHER INDI- grams as required by section 513(d). appropriations for the Department for a pe- VIDUALS.— ‘‘(19) A report on alcohol and substance riod with respect to the performance of abor- ‘‘(1) IN GENERAL.—The Secretary is author- abuse as required by section 701(f). tions shall apply for that period with respect ized to provide health services under this

VerDate Mar 15 2010 22:12 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00132 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JA8.REC S22JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 22, 2008 CONGRESSIONAL RECORD — SENATE S145 subsection through health programs oper- to individuals who are not eligible for health ‘‘SEC. 812. SEVERABILITY PROVISIONS. ated directly by the Service to individuals services provided by the Service under any ‘‘If any provision of this Act, any amend- who reside within the Service Unit and who other provision of law in order to— ment made by the Act, or the application of are not otherwise eligible for such health ‘‘(1) achieve stability in a medical emer- such provision or amendment to any person services if— gency; or circumstances is held to be invalid, the re- ‘‘(A) the Indian Tribes served by such Serv- ‘‘(2) prevent the spread of a communicable mainder of this Act, the remaining amend- ice Unit request such provision of health disease or otherwise deal with a public ments made by this Act, and the application services to such individuals; and health hazard; of such provisions to persons or cir- ‘‘(B) the Secretary and the served Indian ‘‘(3) provide care to non-Indian women cumstances other than those to which it is Tribes have jointly determined that— pregnant with an eligible Indian’s child for held invalid, shall not be affected thereby. ‘‘(i) the provision of such health services the duration of the pregnancy through ‘‘SEC. 813. ESTABLISHMENT OF NATIONAL BIPAR- will not result in a denial or diminution of postpartum; or TISAN COMMISSION ON INDIAN health services to eligible Indians; and ‘‘(4) provide care to immediate family HEALTH CARE. ‘‘(a) ESTABLISHMENT.—There is established ‘‘(ii) there is no reasonable alternative members of an eligible individual if such the National Bipartisan Indian Health Care health facilities or services, within or with- care is directly related to the treatment of Commission (the ‘Commission’). out the Service Unit, available to meet the the eligible individual. ‘‘(b) DUTIES OF COMMISSION.—The duties of health needs of such individuals. ‘‘(e) HOSPITAL PRIVILEGES FOR PRACTI- the Commission are the following: ‘‘(2) ISDEAA PROGRAMS.—In the case of TIONERS.—Hospital privileges in health fa- ‘‘(1) To establish a study committee com- health programs and facilities operated cilities operated and maintained by the posed of those members of the Commission under a contract or compact entered into Service or operated under a contract or com- appointed by the Director and at least 4 under the Indian Self-Determination and pact pursuant to the Indian Self-Determina- members of Congress from among the mem- Education Assistance Act (25 U.S.C. 450 et tion and Education Assistance Act (25 U.S.C. bers of the Commission, the duties of which seq.), the governing body of the Indian Tribe 450 et seq.) may be extended to non-Service or Tribal Organization providing health serv- health care practitioners who provide serv- shall be the following: ices under such contract or compact is au- ices to individuals described in subsection ‘‘(A) To the extent necessary to carry out thorized to determine whether health serv- (a), (b), (c), or (d). Such non-Service health its duties, collect and compile data nec- ices should be provided under such contract care practitioners may, as part of the privi- essary to understand the extent of Indian to individuals who are not eligible for such leging process, be designated as employees of needs with regard to the provision of health health services under any other subsection of the Federal Government for purposes of sec- services, regardless of the location of Indi- this section or under any other provision of tion 1346(b) and chapter 171 of title 28, United ans, including holding hearings and solic- law. In making such determinations, the States Code (relating to Federal tort claims) iting the views of Indians, Indian Tribes, governing body of the Indian Tribe or Tribal only with respect to acts or omissions which Tribal Organizations, and Urban Indian Or- Organization shall take into account the occur in the course of providing services to ganizations, which may include authorizing considerations described in paragraph (1)(B). eligible individuals as a part of the condi- and making funds available for feasibility ‘‘(3) PAYMENT FOR SERVICES.— tions under which such hospital privileges studies of various models for providing and ‘‘(A) IN GENERAL.—Persons receiving health are extended. funding health services for all Indian bene- services provided by the Service under this ‘‘(f) ELIGIBLE INDIAN.—For purposes of this ficiaries, including those who live outside of subsection shall be liable for payment of section, the term ‘eligible Indian’ means any a reservation, temporarily or permanently. such health services under a schedule of Indian who is eligible for health services pro- ‘‘(B) To make legislative recommendations charges prescribed by the Secretary which, vided by the Service without regard to the to the Commission regarding the delivery of in the judgment of the Secretary, results in provisions of this section. Federal health care services to Indians. Such reimbursement in an amount not less than ‘‘SEC. 808. REALLOCATION OF BASE RESOURCES. recommendations shall include those related the actual cost of providing the health serv- ‘‘(a) REPORT REQUIRED.—Notwithstanding to issues of eligibility, benefits, the range of ices. Notwithstanding section 404 of this Act any other provision of law, any allocation of service providers, the cost of such services, or any other provision of law, amounts col- Service funds for a fiscal year that reduces financing such services, and the optimal lected under this subsection, including Medi- by 5 percent or more from the previous fiscal manner in which to provide such services. care, Medicaid, or SCHIP reimbursements year the funding for any recurring program, ‘‘(C) To determine the effect of the enact- under titles XVIII, XIX, and XXI of the So- project, or activity of a Service Unit may be ment of such recommendations on (i) the ex- cial Security Act, shall be credited to the ac- implemented only after the Secretary has isting system of delivery of health services count of the program providing the service submitted to Congress, under section 801, a for Indians, and (ii) the sovereign status of and shall be used for the purposes listed in report on the proposed change in allocation Indian Tribes. section 401(d)(2) and amounts collected under of funding, including the reasons for the ‘‘(D) Not later than 12 months after the ap- this subsection shall be available for expend- change and its likely effects. pointment of all members of the Commis- iture within such program. ‘‘(b) EXCEPTION.—Subsection (a) shall not sion, to submit a written report of its find- ‘‘(B) INDIGENT PEOPLE.—Health services apply if the total amount appropriated to ings and recommendations to the full Com- may be provided by the Secretary through the Service for a fiscal year is at least 5 per- mission. The report shall include a state- the Service under this subsection to an indi- cent less than the amount appropriated to ment of the minority and majority position gent individual who would not be otherwise the Service for the previous fiscal year. of the Committee and shall be disseminated, eligible for such health services but for the ‘‘SEC. 809. RESULTS OF DEMONSTRATION at a minimum, to every Indian Tribe, Tribal provisions of paragraph (1) only if an agree- PROJECTS. Organization, and Urban Indian Organization ment has been entered into with a State or ‘‘The Secretary shall provide for the dis- for comment to the Commission. local government under which the State or semination to Indian Tribes, Tribal Organi- ‘‘(E) To report regularly to the full Com- local government agrees to reimburse the zations, and Urban Indian Organizations of mission regarding the findings and rec- Service for the expenses incurred by the the findings and results of demonstration ommendations developed by the study com- Service in providing such health services to projects conducted under this Act. mittee in the course of carrying out its du- such indigent individual. ‘‘SEC. 810. PROVISION OF SERVICES IN MONTANA. ties under this section. ‘‘(4) REVOCATION OF CONSENT FOR SERV- ‘‘(a) CONSISTENT WITH COURT DECISION.— ‘‘(2) To review and analyze the rec- ICES.— The Secretary, acting through the Service, ommendations of the report of the study ‘‘(A) SINGLE TRIBE SERVICE AREA.—In the shall provide services and benefits for Indi- committee. case of a Service Area which serves only 1 In- ans in Montana in a manner consistent with ‘‘(3) To make legislative recommendations dian Tribe, the authority of the Secretary to the decision of the United States Court of to Congress regarding the delivery of Federal provide health services under paragraph (1) Appeals for the Ninth Circuit in McNabb for health care services to Indians. Such rec- shall terminate at the end of the fiscal year McNabb v. Bowen, 829 F.2d 787 (9th Cir. 1987). ommendations shall include those related to succeeding the fiscal year in which the gov- ‘‘(b) CLARIFICATION.—The provisions of sub- issues of eligibility, benefits, the range of erning body of the Indian Tribe revokes its section (a) shall not be construed to be an service providers, the cost of such services, concurrence to the provision of such health expression of the sense of Congress on the financing such services, and the optimal services. application of the decision described in sub- manner in which to provide such services. ‘‘(B) MULTITRIBAL SERVICE AREA.—In the section (a) with respect to the provision of ‘‘(4) Not later than 18 months following the case of a multitribal Service Area, the au- services or benefits for Indians living in any date of appointment of all members of the thority of the Secretary to provide health State other than Montana. Commission, submit a written report to Con- services under paragraph (1) shall terminate ‘‘SEC. 811. TRIBAL EMPLOYMENT. gress regarding the delivery of Federal at the end of the fiscal year succeeding the ‘‘For purposes of section 2(2) of the Act of health care services to Indians. Such rec- fiscal year in which at least 51 percent of the July 5, 1935 (49 Stat. 450, chapter 372), an In- ommendations shall include those related to number of Indian Tribes in the Service Area dian Tribe or Tribal Organization carrying issues of eligibility, benefits, the range of revoke their concurrence to the provisions of out a contract or compact pursuant to the service providers, the cost of such services, such health services. Indian Self-Determination and Education financing such services, and the optimal ‘‘(d) OTHER SERVICES.—The Service may Assistance Act (25 U.S.C. 450 et seq.) shall manner in which to provide such services. provide health services under this subsection not be considered an ‘employer’. ‘‘(c) MEMBERS.—

VerDate Mar 15 2010 22:12 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00133 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JA8.REC S22JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S146 CONGRESSIONAL RECORD — SENATE January 22, 2008

‘‘(1) APPOINTMENT.—The Commission shall members of Congress who are Commission essary to enable it to carry out its duties, if be composed of 25 members, appointed as fol- members are present and no less than 9 of the information may be disclosed under sec- lows: the members who are Indians are present. tion 552 of title 4, United States Code. Upon ‘‘(A) Ten members of Congress, including 3 ‘‘(g) EXECUTIVE DIRECTOR; STAFF; FACILI- request of the Chairman of the Commission, from the House of Representatives and 2 TIES.— the head of such agency shall furnish such from the Senate, appointed by their respec- ‘‘(1) APPOINTMENT; PAY.—The Commission information to the Commission. tive majority leaders, and 3 from the House shall appoint an executive director of the ‘‘(7) Upon the request of the Commission, of Representatives and 2 from the Senate, Commission. The executive director shall be the Administrator of General Services shall appointed by their respective minority lead- paid the rate of basic pay for level V of the provide to the Commission on a reimburs- ers, and who shall be members of the stand- Executive Schedule. able basis such administrative support serv- ing committees of Congress that consider ‘‘(2) STAFF APPOINTMENT.—With the ap- ices as the Commission may request. legislation affecting health care to Indians. proval of the Commission, the executive di- ‘‘(8) For purposes of costs relating to print- ‘‘(B) Twelve persons chosen by the congres- rector may appoint such personnel as the ex- ing and binding, including the cost of per- sional members of the Commission, 1 from ecutive director deems appropriate. sonnel detailed from the Government Print- each Service Area as currently designated by ‘‘(3) STAFF PAY.—The staff of the Commis- ing Office, the Commission shall be deemed the Director to be chosen from among 3 sion shall be appointed without regard to the to be a committee of Congress. ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.— nominees from each Service Area put for- provisions of title 5, United States Code, gov- There is authorized to be appropriated ward by the Indian Tribes within the area, erning appointments in the competitive $4,000,000 to carry out the provisions of this with due regard being given to the experi- service, and shall be paid without regard to section, which sum shall not be deducted ence and expertise of the nominees in the the provisions of chapter 51 and subchapter from or affect any other appropriation for provision of health care to Indians and to a III of chapter 53 of such title (relating to health care for Indian persons. reasonable representation on the commis- classification and General Schedule pay ‘‘(j) NONAPPLICABILITY OF FACA.—The Fed- sion of members who are familiar with var- rates). eral Advisory Committee Act (5 U.S.C. App.) ious health care delivery modes and who rep- ‘‘(4) TEMPORARY SERVICES.—With the ap- shall not apply to the Commission. resent Indian Tribes of various size popu- proval of the Commission, the executive di- ‘‘SEC. 814. CONFIDENTIALITY OF MEDICAL QUAL- lations. rector may procure temporary and intermit- ITY ASSURANCE RECORDS; QUALI- ‘‘(C) Three persons appointed by the Direc- tent services under section 3109(b) of title 5, FIED IMMUNITY FOR PARTICIPANTS. tor who are knowledgeable about the provi- United States Code. ‘‘(a) CONFIDENTIALITY OF RECORDS.—Med- sion of health care to Indians, at least 1 of ‘‘(5) FACILITIES.—The Administrator of ical quality assurance records created by or whom shall be appointed from among 3 nomi- General Services shall locate suitable office for any Indian Health Program or a health nees put forward by those programs whose space for the operation of the Commission. program of an Urban Indian Organization as funds are provided in whole or in part by the The facilities shall serve as the headquarters part of a medical quality assurance program Service primarily or exclusively for the ben- of the Commission and shall include all nec- are confidential and privileged. Such records efit of Urban Indians. essary equipment and incidentals required may not be disclosed to any person or entity, ‘‘(D) All those persons chosen by the con- for the proper functioning of the Commis- except as provided in subsection (c). gressional members of the Commission and sion. ‘‘(b) PROHIBITION ON DISCLOSURE AND TESTI- by the Director shall be members of feder- ‘‘(h) HEARINGS.—(1) For the purpose of car- MONY.— ally recognized Indian Tribes. rying out its duties, the Commission may ‘‘(1) IN GENERAL.—No part of any medical ‘‘(2) CHAIR; VICE CHAIR.—The Chair and hold such hearings and undertake such other quality assurance record described in sub- Vice Chair of the Commission shall be se- activities as the Commission determines to section (a) may be subject to discovery or ad- lected by the congressional members of the be necessary to carry out its duties, provided mitted into evidence in any judicial or ad- Commission. that at least 6 regional hearings are held in ministrative proceeding, except as provided ‘‘(3) TERMS.—The terms of members of the different areas of the United States in which in subsection (c). Commission shall be for the life of the Com- large numbers of Indians are present. Such ‘‘(2) TESTIMONY.—A person who reviews or mission. hearings are to be held to solicit the views of creates medical quality assurance records ‘‘(4) DEADLINE FOR APPOINTMENTS.—Con- Indians regarding the delivery of health care for any Indian Health Program or Urban In- gressional members of the Commission shall services to them. To constitute a hearing dian Organization who participates in any be appointed not later than 180 days after the under this subsection, at least 5 members of proceeding that reviews or creates such date of enactment of the Indian Health Care the Commission, including at least 1 member records may not be permitted or required to Improvement Act Amendments of 2008, and of Congress, must be present. Hearings held testify in any judicial or administrative pro- the remaining members of the Commission by the study committee established in this ceeding with respect to such records or with shall be appointed not later than 60 days fol- section may count toward the number of re- respect to any finding, recommendation, lowing the appointment of the congressional gional hearings required by this subsection. evaluation, opinion, or action taken by such members. ‘‘(2)(A) The Director of the Congressional person or body in connection with such Budget Office or the Chief Actuary of the ‘‘(5) VACANCY.—A vacancy in the Commis- records except as provided in this section. Centers for Medicare & Medicaid Services, or sion shall be filled in the manner in which ‘‘(c) AUTHORIZED DISCLOSURE AND TESTI- both, shall provide to the Commission, upon the original appointment was made. MONY.— the request of the Commission, such cost es- ‘‘(d) COMPENSATION.— ‘‘(1) IN GENERAL.—Subject to paragraph (2), timates as the Commission determines to be ‘‘(1) CONGRESSIONAL MEMBERS.—Each con- a medical quality assurance record described necessary to carry out its duties. gressional member of the Commission shall in subsection (a) may be disclosed, and a per- ‘‘(B) The Commission shall reimburse the son referred to in subsection (b) may give receive no additional pay, allowances, or Director of the Congressional Budget Office benefits by reason of their service on the testimony in connection with such a record, for expenses relating to the employment in only as follows: Commission and shall receive travel ex- the office of that Director of such additional penses and per diem in lieu of subsistence in ‘‘(A) To a Federal executive agency or pri- staff as may be necessary for the Director to vate organization, if such medical quality as- accordance with sections 5702 and 5703 of comply with requests by the Commission title 5, United States Code. surance record or testimony is needed by under subparagraph (A). such agency or organization to perform li- ‘‘(2) OTHER MEMBERS.—Remaining members ‘‘(3) Upon the request of the Commission, censing or accreditation functions related to of the Commission, while serving on the the head of any Federal agency is authorized any Indian Health Program or to a health business of the Commission (including travel to detail, without reimbursement, any of the program of an Urban Indian Organization to time), shall be entitled to receive compensa- personnel of such agency to the Commission perform monitoring, required by law, of such tion at the per diem equivalent of the rate to assist the Commission in carrying out its program or organization. provided for level IV of the Executive Sched- duties. Any such detail shall not interrupt or ‘‘(B) To an administrative or judicial pro- ule under section 5315 of title 5, United otherwise affect the civil service status or ceeding commenced by a present or former States Code, and while so serving away from privileges of the Federal employee. home and the member’s regular place of ‘‘(4) Upon the request of the Commission, Indian Health Program or Urban Indian Or- business, a member may be allowed travel the head of a Federal agency shall provide ganization provider concerning the termi- expenses, as authorized by the Chairman of such technical assistance to the Commission nation, suspension, or limitation of clinical the Commission. For purpose of pay (other as the Commission determines to be nec- privileges of such health care provider. than pay of members of the Commission) and essary to carry out its duties. ‘‘(C) To a governmental board or agency or employment benefits, rights, and privileges, ‘‘(5) The Commission may use the United to a professional health care society or orga- all personnel of the Commission shall be States mails in the same manner and under nization, if such medical quality assurance treated as if they were employees of the the same conditions as Federal agencies and record or testimony is needed by such board, United States Senate. shall, for purposes of the frank, be consid- agency, society, or organization to perform ‘‘(e) MEETINGS.—The Commission shall ered a commission of Congress as described licensing, credentialing, or the monitoring of meet at the call of the Chair. in section 3215 of title 39, United States professional standards with respect to any ‘‘(f) QUORUM.—A quorum of the Commis- Code. health care provider who is or was an em- sion shall consist of not less than 15 mem- ‘‘(6) The Commission may secure directly ployee of any Indian Health Program or bers, provided that no less than 6 of the from any Federal agency information nec- Urban Indian Organization.

VerDate Mar 15 2010 22:12 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00134 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JA8.REC S22JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 22, 2008 CONGRESSIONAL RECORD — SENATE S147 ‘‘(D) To a hospital, medical center, or the information in a record created and ‘‘TITLE VIII—NATIVE AMERICAN HEALTH other institution that provides health care maintained outside a medical quality assur- AND WELLNESS FOUNDATION services, if such medical quality assurance ance program, including a patient’s medical ‘‘SEC. 801. DEFINITIONS. record or testimony is needed by such insti- records, on the grounds that the information ‘‘In this title: tution to assess the professional qualifica- was presented during meetings of a review ‘‘(1) BOARD.—The term ‘Board’ means the tions of any health care provider who is or body that are part of a medical quality as- Board of Directors of the Foundation. was an employee of any Indian Health Pro- surance program. ‘‘(2) COMMITTEE.—The term ‘Committee’ gram or Urban Indian Organization and who ‘‘(i) REGULATIONS.—The Secretary, acting means the Committee for the Establishment has applied for or been granted authority or through the Service, is authorized to pro- of Native American Health and Wellness employment to provide health care services mulgate regulations pursuant to section 802. Foundation established under section 802(f). in or on behalf of such program or organiza- ‘‘(j) DEFINITIONS.—In this section: ‘‘(3) FOUNDATION.—The term ‘Foundation’ tion. ‘‘(1) The term ‘health care provider’ means means the Native American Health and ‘‘(E) To an officer, employee, or contractor any health care professional, including com- Wellness Foundation established under sec- of the Indian Health Program or Urban In- munity health aides and practitioners cer- tion 802. dian Organization that created the records tified under section 121, who are granted ‘‘(4) SECRETARY.—The term ‘Secretary’ or for which the records were created. If that clinical practice privileges or employed to means the Secretary of Health and Human officer, employee, or contractor has a need provide health care services in an Indian Services. for such record or testimony to perform offi- Health Program or health program of an ‘‘(5) SERVICE.—The term ‘Service’ means cial duties. Urban Indian Organization, who is licensed the Indian Health Service of the Department ‘‘(F) To a criminal or civil law enforce- or certified to perform health care services of Health and Human Services. ment agency or instrumentality charged by a governmental board or agency or profes- ‘‘SEC. 802. NATIVE AMERICAN HEALTH AND under applicable law with the protection of sional health care society or organization. WELLNESS FOUNDATION. the public health or safety, if a qualified rep- ‘‘(2) The term ‘medical quality assurance ‘‘(a) ESTABLISHMENT.— resentative of such agency or instrumen- program’ means any activity carried out be- ‘‘(1) IN GENERAL.—As soon as practicable tality makes a written request that such fore, on, or after the date of enactment of after the date of enactment of this title, the record or testimony be provided for a pur- this Act by or for any Indian Health Pro- Secretary shall establish, under the laws of pose authorized by law. gram or Urban Indian Organization to assess the District of Columbia and in accordance ‘‘(G) In an administrative or judicial pro- the quality of medical care, including activi- with this title, the Native American Health ceeding commenced by a criminal or civil ties conducted by or on behalf of individuals, and Wellness Foundation. law enforcement agency or instrumentality Indian Health Program or Urban Indian Or- ‘‘(2) FUNDING DETERMINATIONS.—No funds, referred to in subparagraph (F), but only ganization medical or dental treatment re- gift, property, or other item of value (includ- with respect to the subject of such pro- view committees, or other review bodies re- ing any interest accrued on such an item) ac- ceeding. sponsible for review of adverse incidents, quired by the Foundation shall— ‘‘(2) IDENTITY OF PARTICIPANTS.—With the claims, quality assurance, credentials, infec- ‘‘(A) be taken into consideration for pur- exception of the subject of a quality assur- tion control, patient safety, patient care as- poses of determining Federal appropriations ance action, the identity of any person re- sessment (including treatment procedures, relating to the provision of health care and ceiving health care services from any Indian blood, drugs, and therapeutics), medical services to Indians; or Health Program or Urban Indian Organiza- records, health resources management re- ‘‘(B) otherwise limit, diminish, or affect tion or the identity of any other person asso- view and identification and prevention of the Federal responsibility for the provision ciated with such program or organization for medical or dental incidents and risks. of health care and services to Indians. purposes of a medical quality assurance pro- ‘‘(3) The term ‘medical quality assurance ‘‘(b) PERPETUAL EXISTENCE.—The Founda- gram that is disclosed in a medical quality record’ means the proceedings, records, min- tion shall have perpetual existence. assurance record described in subsection (a) utes, and reports that emanate from quality ‘‘(c) NATURE OF CORPORATION.—The Foun- shall be deleted from that record or docu- assurance program activities described in dation— ment before any disclosure of such record is paragraph (2) and are produced or compiled ‘‘(1) shall be a charitable and nonprofit fed- made outside such program or organization. by or for an Indian Health Program or Urban erally chartered corporation; and ‘‘(d) DISCLOSURE FOR CERTAIN PURPOSES.— Indian Organization as part of a medical ‘‘(2) shall not be an agency or instrumen- ‘‘(1) IN GENERAL.—Nothing in this section quality assurance program. tality of the United States. shall be construed as authorizing or requir- ‘‘(k) RELATIONSHIP TO OTHER LAW.—This ‘‘(d) PLACE OF INCORPORATION AND DOMI- ing the withholding from any person or enti- section shall continue in force and effect, ex- CILE.—The Foundation shall be incorporated ty aggregate statistical information regard- cept as otherwise specifically provided in and domiciled in the District of Columbia. ing the results of any Indian Health Pro- any Federal law enacted after the date of en- ‘‘(e) DUTIES.—The Foundation shall— gram’s or Urban Indian Organization’s med- actment of the Indian Health Care Improve- ‘‘(1) encourage, accept, and administer pri- ical quality assurance programs. ment Act Amendments of 2008. vate gifts of real and personal property, and ‘‘(2) WITHHOLDING FROM CONGRESS.—Noth- ‘‘SEC. 815. APPROPRIATIONS; AVAILABILITY. any income from or interest in such gifts, for ing in this section shall be construed as au- the benefit of, or in support of, the mission ‘‘Any new spending authority (described in thority to withhold any medical quality as- of the Service; subparagraph (A) or (B) of section 401(c)(2) of surance record from a committee of either ‘‘(2) undertake and conduct such other ac- the Congressional Budget Act of 1974 (Public House of Congress, any joint committee of tivities as will further the health and Law 93–344; 88 Stat. 317)) which is provided Congress, or the Government Accountability wellness activities and opportunities of Na- under this Act shall be effective for any fis- Office if such record pertains to any matter tive Americans; and cal year only to such extent or in such within their respective jurisdictions. ‘‘(3) participate with and assist Federal, ‘‘(e) PROHIBITION ON DISCLOSURE OF RECORD amounts as are provided in appropriation State, and tribal governments, agencies, en- OR TESTIMONY.—A person or entity having Acts. tities, and individuals in undertaking and possession of or access to a record or testi- ‘‘SEC. 816. AUTHORIZATION OF APPROPRIATIONS. conducting activities that will further the mony described by this section may not dis- ‘‘There are authorized to be appropriated health and wellness activities and opportuni- close the contents of such record or testi- ties of Native Americans. mony in any manner or for any purpose ex- such sums as may be necessary for each fis- ‘‘(f) COMMITTEE FOR THE ESTABLISHMENT OF cept as provided in this section. cal year through fiscal year 2017 to carry out NATIVE AMERICAN HEALTH AND WELLNESS ‘‘(f) EXEMPTION FROM FREEDOM OF INFOR- this title.’’. OUNDATION MATION ACT.—Medical quality assurance SEC. 102. SOBOBA SANITATION FACILITIES. F .— ‘‘(1) IN GENERAL.—The Secretary shall es- records described in subsection (a) may not The Act of December 17, 1970 (84 Stat. 1465), tablish the Committee for the Establishment be made available to any person under sec- is amended by adding at the end the fol- of Native American Health and Wellness tion 552 of title 5. lowing: ‘‘(g) LIMITATION ON CIVIL LIABILITY.—A per- Foundation to assist the Secretary in estab- ‘‘SEC. 9. Nothing in this Act shall preclude son who participates in or provides informa- lishing the Foundation. the Soboba Band of Mission Indians and the tion to a person or body that reviews or cre- ‘‘(2) DUTIES.—Not later than 180 days after Soboba Indian Reservation from being pro- ates medical quality assurance records de- the date of enactment of this section, the vided with sanitation facilities and services scribed in subsection (a) shall not be civilly Committee shall— under the authority of section 7 of the Act of liable for such participation or for providing ‘‘(A) carry out such activities as are nec- August 5, 1954 (68 Stat. 674), as amended by such information if the participation or pro- essary to incorporate the Foundation under the Act of July 31, 1959 (73 Stat. 267).’’. vision of information was in good faith based the laws of the District of Columbia, includ- on prevailing professional standards at the SEC. 103. NATIVE AMERICAN HEALTH AND ing acting as incorporators of the Founda- time the medical quality assurance program WELLNESS FOUNDATION. tion; activity took place. (a) IN GENERAL.—The Indian Self-Deter- ‘‘(B) ensure that the Foundation qualifies ‘‘(h) APPLICATION TO INFORMATION IN CER- mination and Education Assistance Act (25 for and maintains the status required to TAIN OTHER RECORDS.—Nothing in this sec- U.S.C. 450 et seq.) is amended by adding at carry out this section, until the Board is es- tion shall be construed as limiting access to the end the following: tablished;

VerDate Mar 15 2010 22:12 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00135 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JA8.REC S22JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S148 CONGRESSIONAL RECORD — SENATE January 22, 2008 ‘‘(C) establish the constitution and initial ess of each State in which the Foundation is and travel expenses described in subsection bylaws of the Foundation; incorporated and of each State in which the (a)(2). ‘‘(D) provide for the initial operation of the Foundation carries on activities. ‘‘(c) CONTINUATION OF CERTAIN SERVICES.— Foundation, including providing for tem- ‘‘(l) LIABILITY OF OFFICERS, EMPLOYEES, The Secretary may continue to provide fa- porary or interim quarters, equipment, and AND AGENTS.— cilities and necessary support services to the staff; and ‘‘(1) IN GENERAL.—The Foundation shall be Foundation after the termination of the 5- ‘‘(E) appoint the initial members of the liable for the acts of the officers, employees, year period specified in subsection (a) if the Board in accordance with the constitution and agents of the Foundation acting within facilities and services— and initial bylaws of the Foundation. the scope of their authority. ‘‘(1) are available; and ‘‘(g) BOARD OF DIRECTORS.— ‘‘(2) PERSONAL LIABILITY.—A member of the ‘‘(2) are provided on reimbursable cost ‘‘(1) IN GENERAL.—The Board of Directors Board shall be personally liable only for basis.’’. shall be the governing body of the Founda- gross negligence in the performance of the (b) TECHNICAL AMENDMENTS.—The Indian tion. duties of the member. Self-Determination and Education Assist- ‘‘(2) POWERS.—The Board may exercise, or ‘‘(m) RESTRICTIONS.— ance Act is amended— provide for the exercise of, the powers of the ‘‘(1) LIMITATION ON SPENDING.—Beginning (1) by redesignating title V (25 U.S.C. Foundation. with the fiscal year following the first full 458bbb et seq.) as title VII; ‘‘(3) SELECTION.— fiscal year during which the Foundation is in (2) by redesignating sections 501, 502, and ‘‘(A) IN GENERAL.—Subject to subparagraph operation, the administrative costs of the 503 (25 U.S.C. 458bbb, 458bbb–1, 458bbb–2) as (B), the number of members of the Board, the Foundation shall not exceed the percentage sections 701, 702, and 703, respectively; and manner of selection of the members (includ- described in paragraph (2) of the sum of— (3) in subsection (a)(2) of section 702 and ing the filling of vacancies), and the terms of ‘‘(A) the amounts transferred to the Foun- paragraph (2) of section 703 (as redesignated office of the members shall be as provided in dation under subsection (o) during the pre- by paragraph (2)), by striking ‘‘section 501’’ the constitution and bylaws of the Founda- ceding fiscal year; and and inserting ‘‘section 701’’. tion. ‘‘(B) donations received from private TITLE II—IMPROVEMENT OF INDIAN ‘‘(B) REQUIREMENTS.— sources during the preceding fiscal year. HEALTH CARE PROVIDED UNDER THE ‘‘(i) NUMBER OF MEMBERS.—The Board shall ‘‘(2) PERCENTAGES.—The percentages re- SOCIAL SECURITY ACT have at least 11 members, who shall have ferred to in paragraph (1) are— SEC. 201. EXPANSION OF PAYMENTS UNDER staggered terms. ‘‘(A) for the first fiscal year described in MEDICARE, MEDICAID, AND SCHIP ‘‘(ii) INITIAL VOTING MEMBERS.—The initial that paragraph, 20 percent; FOR ALL COVERED SERVICES FUR- voting members of the Board— ‘‘(B) for the following fiscal year, 15 per- NISHED BY INDIAN HEALTH PRO- GRAMS. ‘‘(I) shall be appointed by the Committee cent; and (a) MEDICAID.— not later than 180 days after the date on ‘‘(C) for each fiscal year thereafter, 10 per- (1) EXPANSION TO ALL COVERED SERVICES.— which the Foundation is established; and cent. ‘‘(II) shall have staggered terms. Section 1911 of the Social Security Act (42 ‘‘(3) APPOINTMENT AND HIRING.—The ap- U.S.C. 1396j) is amended— ‘‘(iii) QUALIFICATION.—The members of the pointment of officers and employees of the (A) by amending the heading to read as fol- Board shall be United States citizens who Foundation shall be subject to the avail- lows: are knowledgeable or experienced in Native ability of funds. American health care and related matters. ‘‘SEC. 1911. INDIAN HEALTH PROGRAMS.’’; ‘‘(4) STATUS.—A member of the Board or of- ‘‘(C) COMPENSATION.—A member of the ficer, employee, or agent of the Foundation and Board shall not receive compensation for shall not by reason of association with the (B) by amending subsection (a) to read as service as a member, but shall be reimbursed Foundation be considered to be an officer, follows: ‘‘(a) ELIGIBILITY FOR PAYMENT FOR MEDICAL for actual and necessary travel and subsist- employee, or agent of the United States. ence expenses incurred in the performance of ASSISTANCE.—The Indian Health Service and ‘‘(n) AUDITS.—The Foundation shall com- an Indian Tribe, Tribal Organization, or an the duties of the Foundation. ply with section 10101 of title 36, United ‘‘(h) OFFICERS.— Urban Indian Organization shall be eligible States Code, as if the Foundation were a cor- ‘‘(1) IN GENERAL.—The officers of the Foun- for payment for medical assistance provided poration under part B of subtitle II of that dation shall be— under a State plan or under waiver authority title. ‘‘(A) a secretary, elected from among the with respect to items and services furnished ‘‘(o) FUNDING.— members of the Board; and by the Indian Health Service, Indian Tribe, ‘‘(1) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(B) any other officers provided for in the Tribal Organization, or Urban Indian Organi- There is authorized to be appropriated to constitution and bylaws of the Foundation. zation if the furnishing of such services carry out subsection (e)(1) $500,000 for each ‘‘(2) CHIEF OPERATING OFFICER.—The sec- meets all the conditions and requirements fiscal year, as adjusted to reflect changes in retary of the Foundation may serve, at the which are applicable generally to the fur- the Consumer Price Index for all-urban con- direction of the Board, as the chief operating nishing of items and services under this title sumers published by the Department of officer of the Foundation, or the Board may and under such plan or waiver authority.’’. Labor. appoint a chief operating officer, who shall (2) COMPLIANCE WITH CONDITIONS AND RE- ‘‘(2) TRANSFER OF DONATED FUNDS.—The serve at the direction of the Board. QUIREMENTS.—Subsection (b) of such section Secretary shall transfer to the Foundation ‘‘(3) ELECTION.—The manner of election, is amended to read as follows: funds held by the Department of Health and term of office, and duties of the officers of ‘‘(b) COMPLIANCE WITH CONDITIONS AND RE- Human Services under the Act of August 5, the Foundation shall be as provided in the QUIREMENTS.—A facility of the Indian Health 1954 (42 U.S.C. 2001 et seq.), if the transfer or constitution and bylaws of the Foundation. Service or an Indian Tribe, Tribal Organiza- use of the funds is not prohibited by any ‘‘(i) POWERS.—The Foundation— tion, or an Urban Indian Organization which ‘‘(1) shall adopt a constitution and bylaws term under which the funds were donated. is eligible for payment under subsection (a) for the management of the property of the ‘‘SEC. 803. ADMINISTRATIVE SERVICES AND SUP- with respect to the furnishing of items and Foundation and the regulation of the affairs PORT. services, but which does not meet all of the of the Foundation; ‘‘(a) PROVISION OF SUPPORT BY SEC- conditions and requirements of this title and ‘‘(2) may adopt and alter a corporate seal; RETARY.—Subject to subsection (b), during under a State plan or waiver authority ‘‘(3) may enter into contracts; the 5-year period beginning on the date on which are applicable generally to such facil- ‘‘(4) may acquire (through a gift or other- which the Foundation is established, the ity, shall make such improvements as are wise), own, lease, encumber, and transfer Secretary— necessary to achieve or maintain compliance real or personal property as necessary or ‘‘(1) may provide personnel, facilities, and with such conditions and requirements in ac- convenient to carry out the purposes of the other administrative support services to the cordance with a plan submitted to and ac- Foundation; Foundation; cepted by the Secretary for achieving or ‘‘(5) may sue and be sued; and ‘‘(2) may provide funds for initial operating maintaining compliance with such condi- ‘‘(6) may perform any other act necessary costs and to reimburse the travel expenses of tions and requirements, and shall be deemed and proper to carry out the purposes of the the members of the Board; and to meet such conditions and requirements Foundation. ‘‘(3) shall require and accept reimburse- (and to be eligible for payment under this ‘‘(j) PRINCIPAL OFFICE.— ments from the Foundation for— title), without regard to the extent of its ac- ‘‘(1) IN GENERAL.—The principal office of ‘‘(A) services provided under paragraph (1); tual compliance with such conditions and re- the Foundation shall be in the District of Co- and quirements, during the first 12 months after lumbia. ‘‘(B) funds provided under paragraph (2). the month in which such plan is submitted.’’. ‘‘(2) ACTIVITIES; OFFICES.—The activities of ‘‘(b) REIMBURSEMENT.—Reimbursements (3) REVISION OF AUTHORITY TO ENTER INTO the Foundation may be conducted, and of- accepted under subsection (a)(3)— AGREEMENTS.—Subsection (c) of such section fices may be maintained, throughout the ‘‘(1) shall be deposited in the Treasury of is amended to read as follows: United States in accordance with the con- the United States to the credit of the appli- ‘‘(c) AUTHORITY TO ENTER INTO AGREE- stitution and bylaws of the Foundation. cable appropriations account; and MENTS.—The Secretary may enter into an ‘‘(k) SERVICE OF PROCESS.—The Foundation ‘‘(2) shall be chargeable for the cost of pro- agreement with a State for the purpose of re- shall comply with the law on service of proc- viding services described in subsection (a)(1) imbursing the State for medical assistance

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provided by the Indian Health Service, an In- ble for payment under this title), without re- ‘‘(2) CONSTRUCTION.—Nothing in subpara- dian Tribe, Tribal Organization, or an Urban gard to the extent of its actual compliance graph (A) shall be construed as affecting ar- Indian Organization (as so defined), directly, with such conditions and requirements, dur- rangements entered into between States and through referral, or under contracts or other ing the first 12 months after the month in the Indian Health Service, Indian Tribes, arrangements between the Indian Health which such plan is submitted.’’. Tribal Organizations, or Urban Indian Orga- Service, an Indian Tribe, Tribal Organiza- (3) CROSS-REFERENCES TO SPECIAL FUND FOR nizations for such Service, Tribes, or Organi- tion, or an Urban Indian Organization and IMPROVEMENT OF IHS FACILITIES; DIRECT BILL- zations to conduct administrative activities another health care provider to Indians who ING OPTION; DEFINITIONS.— under such titles. are eligible for medical assistance under the (A) IN GENERAL.—Such section is further ‘‘(b) REQUIREMENT TO FACILITATE COOPERA- State plan or under waiver authority.’’. amended by striking subsections (c) and (d) TION.—The Secretary, acting through the (4) CROSS-REFERENCES TO SPECIAL FUND FOR and inserting the following new subsections: Centers for Medicare & Medicaid Services, IMPROVEMENT OF IHS FACILITIES; DIRECT BILL- ‘‘(c) SPECIAL FUND FOR IMPROVEMENT OF shall take such steps as are necessary to fa- ING OPTION; DEFINITIONS.—Such section is fur- IHS FACILITIES.—For provisions relating to cilitate cooperation with, and agreements ther amended by striking subsection (d) and the authority of the Secretary to place pay- between, States and the Indian Health Serv- adding at the end the following new sub- ments to which a facility of the Indian ice, Indian Tribes, Tribal Organizations, or sections: Health Service is eligible for payment under Urban Indian Organizations with respect to ‘‘(d) SPECIAL FUND FOR IMPROVEMENT OF this title into a special fund established the provision of health care items and serv- IHS FACILITIES.—For provisions relating to under section 401(c)(1) of the Indian Health ices to Indians under the programs estab- the authority of the Secretary to place pay- Care Improvement Act, and the requirement lished under title XVIII, XIX, or XXI. ‘‘(c) DEFINITION OF INDIAN; INDIAN TRIBE; ments to which a facility of the Indian to use amounts paid from such fund for mak- INDIAN HEALTH PROGRAM; TRIBAL ORGANIZA- Health Service is eligible for payment under ing improvements in accordance with sub- TION; URBAN INDIAN ORGANIZATION.—In this this title into a special fund established section (b), see subparagraphs (A) and (B) of section, the terms ‘Indian’, ‘Indian Tribe’, under section 401(c)(1) of the Indian Health section 401(c)(1) of such Act. ‘Indian Health Program’, ‘Tribal Organiza- Care Improvement Act, and the requirement ‘‘(d) DIRECT BILLING.—For provisions relat- ing to the authority of a Tribal Health Pro- tion’, and ‘Urban Indian Organization’ have to use amounts paid from such fund for mak- the meanings given those terms in section 4 ing improvements in accordance with sub- gram or an Urban Indian Organization to elect to directly bill for, and receive pay- of the Indian Health Care Improvement section (b), see subparagraphs (A) and (B) of ment for, health care items and services pro- Act.’’. section 401(c)(1) of such Act. vided by such Program or Organization for SEC. 203. ADDITIONAL PROVISIONS TO INCREASE ‘‘(e) DIRECT BILLING.—For provisions relat- which payment is made under this title, see OUTREACH TO, AND ENROLLMENT ing to the authority of a Tribal Health Pro- section 401(d) of the Indian Health Care Im- OF, INDIANS IN SCHIP AND MED- gram or an Urban Indian Organization to provement Act.’’. ICAID. elect to directly bill for, and receive pay- (a) NONAPPLICATION OF 10 PERCENT LIMIT ON (B) CONFORMING AMENDMENT.—Paragraph ment for, health care items and services pro- OUTREACH AND CERTAIN OTHER EXPENDI- (3) of section 1880(e) of such Act (42 U.S.C. vided by such Program or Organization for TURES.—Section 2105(c)(2) of the Social Secu- 1395qq(e)) is amended by inserting ‘‘and sec- which payment is made under this title, see rity Act (42 U.S.C. 1397ee(c)(2)) is amended by tion 401(c)(1) of the Indian Health Care Im- section 401(d) of the Indian Health Care Im- adding at the end the following new subpara- provement Act’’ after ‘‘Subsection (c)’’. provement Act. graph: (4) DEFINITIONS.—Such section is further ‘‘(f) DEFINITIONS.—In this section, the ‘‘(C) NONAPPLICATION TO EXPENDITURES FOR amended by amending subsection (f) to read terms ‘Indian Health Program’, ‘Indian OUTREACH TO INCREASE THE ENROLLMENT OF as follows: Tribe’,‘Tribal Health Program’, ‘Tribal Orga- INDIAN CHILDREN UNDER THIS TITLE AND TITLE ‘‘(f) DEFINITIONS.—In this section, the XIX.—The limitation under subparagraph (A) nization’, and ‘Urban Indian Organization’ terms ‘Indian Health Program’, ‘Indian on expenditures for items described in sub- have the meanings given those terms in sec- Tribe’, ‘Service Unit’, ‘Tribal Health Pro- section (a)(1)(D) shall not apply in the case tion 4 of the Indian Health Care Improve- gram’, ‘Tribal Organization’, and ‘Urban In- of expenditures for outreach activities to ment Act.’’. dian Organization’ have the meanings given (b) MEDICARE.— those terms in section 4 of the Indian Health families of Indian children likely to be eligi- (1) EXPANSION TO ALL COVERED SERVICES.— Care Improvement Act.’’. ble for child health assistance under the plan Section 1880 of such Act (42 U.S.C. 1395qq) is (c) APPLICATION TO SCHIP.—Section or medical assistance under the State plan amended— 2107(e)(1) of the Social Security Act (42 under title XIX (or under a waiver of such (A) by amending the heading to read as fol- U.S.C. 1397gg(e)(1)) is amended— plan), to inform such families of the avail- lows: (1) by redesignating subparagraph (D) as ability of, and to assist them in enrolling ‘‘SEC. 1880. INDIAN HEALTH PROGRAMS.’’; subparagraph (E); and their children in, such plans, including such and (2) by inserting after subparagraph (C), the activities conducted under grants, contracts, (B) by amending subsection (a) to read as following new subparagraph: or agreements entered into under section follows: ‘‘(D) Section 1911 (relating to Indian 1139(a).’’. (b) ASSURANCE OF PAYMENTS TO INDIAN ‘‘(a) ELIGIBILITY FOR PAYMENTS.—Subject Health Programs, other than subsection (d) HEALTH CARE PROVIDERS FOR CHILD HEALTH to subsection (e), the Indian Health Service of such section).’’. ASSISTANCE.—Section 2102(b)(3)(D) of such and an Indian Tribe, Tribal Organization, or SEC. 202. INCREASED OUTREACH TO INDIANS Act (42 U.S.C. 1397bb(b)(3)(D)) is amended by an Urban Indian Organization shall be eligi- UNDER MEDICAID AND SCHIP AND IMPROVED COOPERATION IN THE striking ‘‘(as defined in section 4(c) of the In- ble for payments under this title with re- dian Health Care Improvement Act, 25 U.S.C. spect to items and services furnished by the PROVISION OF ITEMS AND SERVICES TO INDIANS UNDER SOCIAL SECU- 1603(c))’’ and inserting ‘‘, including how the Indian Health Service, Indian Tribe, Tribal RITY ACT HEALTH BENEFIT PRO- State will ensure that payments are made to Organization, or Urban Indian Organization GRAMS. Indian Health Programs and Urban Indian if the furnishing of such services meets all Section 1139 of the Social Security Act (42 Organizations operating in the State for the the conditions and requirements which are U.S.C. 1320b–9) is amended to read as follows: provision of such assistance’’. applicable generally to the furnishing of ‘‘SEC. 1139. IMPROVED ACCESS TO, AND DELIV- (c) INCLUSION OF OTHER INDIAN FINANCED items and services under this title.’’. ERY OF, HEALTH CARE FOR INDIANS HEALTH CARE PROGRAMS IN EXEMPTION FROM (2) COMPLIANCE WITH CONDITIONS AND RE- UNDER TITLES XVIII, XIX, AND XXI. PROHIBITION ON CERTAIN PAYMENTS.—Section QUIREMENTS.—Subsection (b) of such section ‘‘(a) AGREEMENTS WITH STATES FOR MED- 2105(c)(6)(B) of such Act (42 U.S.C. is amended to read as follows: ICAID AND SCHIP OUTREACH ON OR NEAR RES- 1397ee(c)(6)(B)) is amended by striking ‘‘in- ‘‘(b) COMPLIANCE WITH CONDITIONS AND RE- ERVATIONS TO INCREASE THE ENROLLMENT OF surance program, other than an insurance QUIREMENTS.—Subject to subsection (e), a fa- INDIANS IN THOSE PROGRAMS.— program operated or financed by the Indian cility of the Indian Health Service or an In- ‘‘(1) IN GENERAL.—In order to improve the Health Service’’ and inserting ‘‘program, dian Tribe, Tribal Organization, or an Urban access of Indians residing on or near a res- other than a health care program operated Indian Organization which is eligible for pay- ervation to obtain benefits under the Med- or financed by the Indian Health Service or ment under subsection (a) with respect to icaid and State children’s health insurance by an Indian Tribe, Tribal Organization, or the furnishing of items and services, but programs established under titles XIX and Urban Indian Organization’’. which does not meet all of the conditions XXI, the Secretary shall encourage the State (d) SATISFACTION OF MEDICAID DOCUMENTA- and requirements of this title which are ap- to take steps to provide for enrollment on or TION REQUIREMENTS.— plicable generally to such facility, shall near the reservation. Such steps may include (1) IN GENERAL.—Section 1903(x)(3)(B) of the make such improvements as are necessary to outreach efforts such as the outstationing of Social Security Act (42 U.S.C. 1396b(x)(3)(B)) achieve or maintain compliance with such eligibility workers, entering into agreements is amended— conditions and requirements in accordance with the Indian Health Service, Indian (A) by redesignating clause (v) as clause with a plan submitted to and accepted by the Tribes, Tribal Organizations, and Urban In- (vi); and Secretary for achieving or maintaining com- dian Organizations to provide outreach, edu- (B) by inserting after clause (iv), the fol- pliance with such conditions and require- cation regarding eligibility and benefits, en- lowing new clause: ments, and shall be deemed to meet such rollment, and translation services when such ‘‘(v)(I) Except as provided in subclause (II), conditions and requirements (and to be eligi- services are appropriate. a document issued by a federally-recognized

VerDate Mar 15 2010 22:12 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00137 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JA8.REC S22JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S150 CONGRESSIONAL RECORD — SENATE January 22, 2008 Indian tribe evidencing membership or en- duced by the amount of any enrollment fee, (2) by adding at the end the following new rollment in, or affiliation with, such tribe premium, or similar charge, or any deduc- subparagraph: (such as a tribal enrollment card or certifi- tion, copayment, cost sharing, or similar ‘‘(B) The standards specified by the Sec- cate of degree of Indian blood). charge that would be due from the Indian retary under subparagraph (A) shall require ‘‘(II) With respect to those federally-recog- but for the operation of subparagraph (A). that the procedures established by the State nized Indian tribes located within States ‘‘(2) RULE OF CONSTRUCTION.—Nothing in agency under subparagraph (A) exempt in- having an international border whose mem- this subsection shall be construed as re- come, resources, and property that are ex- bership includes individuals who are not citi- stricting the application of any other limita- empt from the application of this subsection zens of the United States, the Secretary tions on the imposition of premiums or cost as of April 1, 2003, under manual instructions shall, after consulting with such tribes, issue sharing that may apply to an individual re- issued to carry out this subsection (as in ef- regulations authorizing the presentation of ceiving medical assistance under this title fect on such date) because of the Federal re- such other forms of documentation (includ- who is an Indian. sponsibility for Indian Tribes and Alaska Na- ing tribal documentation, if appropriate) ‘‘(3) DEFINITIONS.—In this subsection, the tive Villages. Nothing in this subparagraph that the Secretary determines to be satisfac- terms ‘contract health service’, ‘Indian’, ‘In- shall be construed as preventing the Sec- tory documentary evidence of citizenship or dian Tribe’, ‘Tribal Organization’, and retary from providing additional estate re- nationality for purposes of satisfying the re- ‘Urban Indian Organization’ have the mean- covery exemptions under this title for Indi- quirement of this subsection.’’. ings given those terms in section 4 of the In- ans.’’. (2) TRANSITION RULE.—During the period dian Health Care Improvement Act.’’. SEC. 205. NONDISCRIMINATION IN QUALIFICA- that begins on July 1, 2006, and ends on the (2) CONFORMING AMENDMENT.—Section TIONS FOR PAYMENT FOR SERVICES effective date of final regulations issued 1916A (a)(1) of such Act (42 U.S.C. 1396o– UNDER FEDERAL HEALTH CARE PROGRAMS. under subclause (II) of section 1903(x)(3)(B)(v) 1(a)(1)) is amended by striking ‘‘section Section 1139 of the Social Security Act (42 of the Social Security Act (42 U.S.C. 1916(g)’’ and inserting ‘‘subsections (g), (i), or U.S.C. 1320b–9), as amended by section 202, is 1396b(x)(3)(B)(v)) (as added by paragraph (1)), (j) of section 1916’’. (3) EFFECTIVE DATE.—The amendments amended by redesignating subsection (c) as an individual who is a member of a federally- subsection (d), and inserting after subsection recognized Indian tribe described in sub- made by this subsection take effect on Octo- ber 1, 2009. (b) the following new subsection: clause (II) of that section who presents a ‘‘(c) NONDISCRIMINATION IN QUALIFICATIONS document described in subclause (I) of such (b) TREATMENT OF CERTAIN PROPERTY FOR MEDICAID AND SCHIP ELIGIBILITY.— FOR PAYMENT FOR SERVICES UNDER FEDERAL section that is issued by such Indian tribe, (1) MEDICAID.—Section 1902(e) of the Social HEALTH CARE PROGRAMS.— shall be deemed to have presented satisfac- Security Act (42 U.S.C. 1396a) is amended by ‘‘(1) REQUIREMENT TO SATISFY GENERALLY tory evidence of citizenship or nationality adding at the end the following new para- APPLICABLE PARTICIPATION REQUIREMENTS.— for purposes of satisfying the requirement of graph: ‘‘(A) IN GENERAL.—A Federal health care subsection (x) of section 1903 of such Act. ‘‘(13) Notwithstanding any other require- program must accept an entity that is oper- (e) DEFINITIONS.—Section 2110(c) of such ment of this title or any other provision of ated by the Indian Health Service, an Indian Act (42 U.S.C. 1397jj(c)) is amended by adding Federal or State law, a State shall disregard Tribe, Tribal Organization, or Urban Indian at the end the following new paragraph: the following property for purposes of deter- Organization as a provider eligible to receive ‘‘(9) INDIAN; INDIAN HEALTH PROGRAM; IN- mining the eligibility of an individual who is payment under the program for health care DIAN TRIBE; ETC.—The terms ‘Indian’, ‘Indian an Indian (as defined in section 4 of the In- services furnished to an Indian on the same Health Program’, ‘Indian Tribe’, ‘Tribal Or- dian Health Care Improvement Act) for med- basis as any other provider qualified to par- ganization’, and ‘Urban Indian Organization’ ical assistance under this title: ticipate as a provider of health care services have the meanings given those terms in sec- ‘‘(A) Property, including real property and under the program if the entity meets gen- tion 4 of the Indian Health Care Improve- improvements, that is held in trust, subject erally applicable State or other require- ment Act.’’. to Federal restrictions, or otherwise under ments for participation as a provider of (f) EFFECTIVE DATE.—This section and the the supervision of the Secretary of the Inte- health care services under the program. amendments made by this section take ef- rior, located on a reservation, including any ‘‘(B) SATISFACTION OF STATE OR LOCAL LI- fect on October 1, 2009. federally recognized Indian Tribe’s reserva- CENSURE OR RECOGNITION REQUIREMENTS.— SEC. 204. PREMIUMS AND COST SHARING PRO- tion, pueblo, or colony, including former res- Any requirement for participation as a pro- TECTIONS UNDER MEDICAID, ELIGI- vider of health care services under a Federal BILITY DETERMINATIONS UNDER ervations in Oklahoma, Alaska Native re- MEDICAID AND SCHIP, AND PROTEC- gions established by the Alaska Native health care program that an entity be li- TION OF CERTAIN INDIAN PROP- Claims Settlement Act, and Indian allot- censed or recognized under the State or local ERTY FROM MEDICAID ESTATE RE- ments on or near a reservation as designated law where the entity is located to furnish COVERY. and approved by the Bureau of Indian Affairs health care services shall be deemed to have (a) PREMIUMS AND COST SHARING PROTEC- of the Department of the Interior. been met in the case of an entity operated by TION UNDER MEDICAID.— ‘‘(B) For any federally recognized Tribe not the Indian Health Service, an Indian Tribe, (1) IN GENERAL.—Section 1916 of the Social described in subparagraph (A), property lo- Tribal Organization, or Urban Indian Organi- Security Act (42 U.S.C. 1396o) is amended— cated within the most recent boundaries of a zation if the entity meets all the applicable (A) in subsection (a), in the matter pre- prior Federal reservation. standards for such licensure or recognition, ceding paragraph (1), by striking ‘‘and (i)’’ ‘‘(C) Ownership interests in rents, leases, regardless of whether the entity obtains a li- and inserting ‘‘, (i), and (j)’’; and royalties, or usage rights related to natural cense or other documentation under such (B) by adding at the end the following new resources (including extraction of natural re- State or local law. In accordance with sec- subsection: sources or harvesting of timber, other plants tion 221 of the Indian Health Care Improve- ‘‘(j) NO PREMIUMS OR COST SHARING FOR IN- and plant products, animals, fish, and shell- ment Act, the absence of the licensure of a DIANS FURNISHED ITEMS OR SERVICES DI- fish) resulting from the exercise of federally health care professional employed by such an RECTLY BY INDIAN HEALTH PROGRAMS OR protected rights. entity under the State or local law where the THROUGH REFERRAL UNDER THE CONTRACT ‘‘(D) Ownership interests in or usage rights entity is located shall not be taken into ac- HEALTH SERVICE.— to items not covered by subparagraphs (A) count for purposes of determining whether ‘‘(1) NO COST SHARING FOR ITEMS OR SERV- through (C) that have unique religious, spir- the entity meets such standards, if the pro- ICES FURNISHED TO INDIANS THROUGH INDIAN itual, traditional, or cultural significance or fessional is licensed in another State. HEALTH PROGRAMS.— rights that support subsistence or a tradi- ‘‘(2) PROHIBITION ON FEDERAL PAYMENTS TO ‘‘(A) IN GENERAL.—No enrollment fee, pre- tional lifestyle according to applicable tribal ENTITIES OR INDIVIDUALS EXCLUDED FROM PAR- mium, or similar charge, and no deduction, law or custom.’’. TICIPATION IN FEDERAL HEALTH CARE PRO- copayment, cost sharing, or similar charge (2) APPLICATION TO SCHIP.—Section GRAMS OR WHOSE STATE LICENSES ARE UNDER shall be imposed against an Indian who is 2107(e)(1) of such Act (42 U.S.C. 1397gg(e)(1)) SUSPENSION OR HAVE BEEN REVOKED.— furnished an item or service directly by the is amended— ‘‘(A) EXCLUDED ENTITIES.—No entity oper- Indian Health Service, an Indian Tribe, Trib- (A) by redesignating subparagraphs (B) ated by the Indian Health Service, an Indian al Organization, or Urban Indian Organiza- through (E), as subparagraphs (C) through Tribe, Tribal Organization, or Urban Indian tion or through referral under the contract (F), respectively; and Organization that has been excluded from health service for which payment may be (B) by inserting after subparagraph (A), participation in any Federal health care pro- made under this title. the following new subparagraph: gram or for which a license is under suspen- ‘‘(B) NO REDUCTION IN AMOUNT OF PAYMENT ‘‘(B) Section 1902(e)(13) (relating to dis- sion or has been revoked by the State where TO INDIAN HEALTH PROVIDERS.—Payment due regard of certain property for purposes of the entity is located shall be eligible to re- under this title to the Indian Health Service, making eligibility determinations).’’. ceive payment under any such program for an Indian Tribe, Tribal Organization, or (c) CONTINUATION OF CURRENT LAW PROTEC- health care services furnished to an Indian. Urban Indian Organization, or a health care TIONS OF CERTAIN INDIAN PROPERTY FROM ‘‘(B) EXCLUDED INDIVIDUALS.—No individual provider through referral under the contract MEDICAID ESTATE RECOVERY.—Section who has been excluded from participation in health service for the furnishing of an item 1917(b)(3) of the Social Security Act (42 any Federal health care program or whose or service to an Indian who is eligible for as- U.S.C. 1396p(b)(3)) is amended— State license is under suspension or has been sistance under such title, may not be re- (1) by inserting ‘‘(A)’’ after ‘‘(3)’’; and revoked shall be eligible to receive payment

VerDate Mar 15 2010 22:12 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00138 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JA8.REC S22JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 22, 2008 CONGRESSIONAL RECORD — SENATE S151 under any such program for health care serv- designees of Indian Health Programs and health care item or service (with respect to ices furnished by that individual, directly or Urban Indian Organizations).’’. the value of the item or service itself or, for through an entity that is otherwise eligible (c) RULE OF CONSTRUCTION.—Nothing in the preventative items or services, the future to receive payment for health care services, amendments made by this section shall be health care costs reasonably expected to be to an Indian. construed as superseding existing advisory avoided); ‘‘(C) FEDERAL HEALTH CARE PROGRAM DE- committees, working groups, guidance, or ‘‘(ii) consist of expenditures related to pro- FINED.—In this subsection, the term, ‘Fed- other advisory procedures established by the viding housing to the patient (including a eral health care program’ has the meaning Secretary of Health and Human Services or pregnant patient) and immediate family given that term in section 1128B(f), except by any State with respect to the provision of members or an escort necessary to assuring that, for purposes of this subsection, such health care to Indians. the timely provision of health care items and term shall include the health insurance pro- (d) EFFECTIVE DATE.—This section and the services to the patient, provided that the gram under chapter 89 of title 5, United amendments made by this section take ef- provision of such housing is not advertised States Code.’’. fect on October 1, 2009. nor an incentive of which the value is dis- SEC. 206. CONSULTATION ON MEDICAID, SCHIP, SEC. 207. EXCLUSION WAIVER AUTHORITY FOR proportionately large in relationship to the AND OTHER HEALTH CARE PRO- AFFECTED INDIAN HEALTH PRO- value of the health care item or service (with GRAMS FUNDED UNDER THE SOCIAL GRAMS AND SAFE HARBOR TRANS- respect to the value of the item or service SECURITY ACT INVOLVING INDIAN ACTIONS UNDER THE SOCIAL SECU- itself or, for preventative items or services, RITY ACT. HEALTH PROGRAMS AND URBAN IN- the future health care costs reasonably ex- DIAN ORGANIZATIONS. (a) EXCLUSION WAIVER AUTHORITY.—Sec- pected to be avoided); or (a) IN GENERAL.—Section 1139 of the Social tion 1128 of the Social Security Act (42 ‘‘(iii) are for the purpose of paying pre- Security Act (42 U.S.C. 1320b–9), as amended U.S.C. 1320a–7) is amended by adding at the miums or cost sharing on behalf of such a pa- by sections 202 and 205, is amended by redes- end the following new subsection: tient, provided that the making of such pay- ignating subsection (d) as subsection (e), and ‘‘(k) ADDITIONAL EXCLUSION WAIVER AU- ment is not subject to conditions other than inserting after subsection (c) the following THORITY FOR AFFECTED INDIAN HEALTH PRO- conditions agreed to under a contract for the new subsection: GRAMS.—In addition to the authority granted ‘‘(d) CONSULTATION WITH TRIBAL TECHNICAL the Secretary under subsections (c)(3)(B) and delivery of contract health services. ADVISORY GROUP (TTAG).—The Secretary (d)(3)(B) to waive an exclusion under sub- ‘‘(C) CONTRACT HEALTH SERVICES.—A trans- shall maintain within the Centers for Med- section (a)(1), (a)(3), (a)(4), or (b), the Sec- fer of anything of value negotiated as part of icaid & Medicare Services (CMS) a Tribal retary may, in the case of an Indian Health a contract entered into between an Indian Technical Advisory Group, established in ac- Program, waive such an exclusion upon the Health Program, Indian Tribe, Tribal Orga- cordance with requirements of the charter request of the administrator of an affected nization, Urban Indian Organization, or the dated September 30, 2003, and in such group Indian Health Program (as defined in section Indian Health Service and a contract care shall include a representative of the Urban 4 of the Indian Health Care Improvement provider for the delivery of contract health Indian Organizations and the Service. The Act) who determines that the exclusion services authorized by the Indian Health representative of the Urban Indian Organiza- would impose a hardship on individuals enti- Service, provided that— tion shall be deemed to be an elected officer tled to benefits under or enrolled in a Fed- ‘‘(i) such a transfer is not tied to volume or of a tribal government for purposes of apply- eral health care program.’’. value of referrals or other business generated ing section 204(b) of the Unfunded Mandates (b) CERTAIN TRANSACTIONS INVOLVING IN- by the parties; and Reform Act of 1995 (2 U.S.C. 1534(b)).’’. DIAN HEALTH CARE PROGRAMS DEEMED TO BE ‘‘(ii) any such transfer is limited to the fair (b) SOLICITATION OF ADVICE UNDER MED- IN SAFE HARBORS.—Section 1128B(b) of the market value of the health care items or ICAID AND SCHIP.— Social Security Act (42 U.S.C. 1320a–7b(b)) is services provided or, in the case of a transfer (1) MEDICAID STATE PLAN AMENDMENT.—Sec- amended by adding at the end the following of items or services related to preventative tion 1902(a) of the Social Security Act (42 new paragraph: care, the value of the future health care U.S.C. 1396a(a)) is amended— ‘‘(4) Subject to such conditions as the Sec- costs reasonably expected to be avoided. (A) in paragraph (69), by striking ‘‘and’’ at retary may promulgate from time to time as ‘‘(D) OTHER TRANSFERS.—Any other trans- the end; necessary to prevent fraud and abuse, for fer of anything of value involving an Indian (B) in paragraph (70)(B)(iv), by striking the purposes of paragraphs (1) and (2) and section Health Program, Indian Tribe, Tribal Orga- period at the end and inserting ‘‘; and’’; and 1128A(a), the following transfers shall not be nization, or Urban Indian Organization, or a (C) by inserting after paragraph (70)(B)(iv), treated as remuneration: patient served or eligible for service from an the following new paragraph: ‘‘(A) TRANSFERS BETWEEN INDIAN HEALTH Indian Health Program, Indian Tribe, Tribal ‘‘(71) in the case of any State in which the PROGRAMS, INDIAN TRIBES, TRIBAL ORGANIZA- Organization, or Urban Indian Organization, Indian Health Service operates or funds TIONS, AND URBAN INDIAN ORGANIZATIONS.— that the Secretary, in consultation with the health care programs, or in which 1 or more Transfers of anything of value between or Attorney General, determines is appropriate, Indian Health Programs or Urban Indian Or- among an Indian Health Program, Indian taking into account the special cir- ganizations (as such terms are defined in sec- Tribe, Tribal Organization, or Urban Indian cumstances of such Indian Health Programs, tion 4 of the Indian Health Care Improve- Organization, that are made for the purpose Indian Tribes, Tribal Organizations, and ment Act) provide health care in the State of providing necessary health care items and Urban Indian Organizations, and of patients for which medical assistance is available services to any patient served by such Pro- served by such Programs, Tribes, and Orga- under such title, provide for a process under gram, Tribe, or Organization and that con- nizations.’’. which the State seeks advice on a regular, sist of— SEC. 208. RULES APPLICABLE UNDER MEDICAID ongoing basis from designees of such Indian ‘‘(i) services in connection with the collec- AND SCHIP TO MANAGED CARE EN- Health Programs and Urban Indian Organiza- tion, transport, analysis, or interpretation of TITIES WITH RESPECT TO INDIAN ENROLLEES AND INDIAN HEALTH tions on matters relating to the application diagnostic specimens or test data; CARE PROVIDERS AND INDIAN MAN- of this title that are likely to have a direct ‘‘(ii) inventory or supplies; AGED CARE ENTITIES. effect on such Indian Health Programs and ‘‘(iii) staff; or (a) IN GENERAL.—Section 1932 of the Social Urban Indian Organizations and that— ‘‘(iv) a waiver of all or part of premiums or Security Act (42 U.S.C. 1396u–2) is amended ‘‘(A) shall include solicitation of advice cost sharing. by adding at the end the following new sub- prior to submission of any plan amendments, ‘‘(B) TRANSFERS BETWEEN INDIAN HEALTH section: waiver requests, and proposals for dem- PROGRAMS, INDIAN TRIBES, TRIBAL ORGANIZA- ‘‘(h) SPECIAL RULES WITH RESPECT TO IN- onstration projects likely to have a direct ef- TIONS, OR URBAN INDIAN ORGANIZATIONS AND DIAN ENROLLEES, INDIAN HEALTH CARE PRO- fect on Indians, Indian Health Programs, or PATIENTS.—Transfers of anything of value VIDERS, AND INDIAN MANAGED CARE ENTI- Urban Indian Organizations; and between an Indian Health Program, Indian TIES.— ‘‘(B) may include appointment of an advi- Tribe, Tribal Organization, or Urban Indian ‘‘(1) ENROLLEE OPTION TO SELECT AN INDIAN sory committee and of a designee of such In- Organization and any patient served or eligi- HEALTH CARE PROVIDER AS PRIMARY CARE PRO- dian Health Programs and Urban Indian Or- ble for service from an Indian Health Pro- VIDER.—In the case of a non-Indian Medicaid ganizations to the medical care advisory gram, Indian Tribe, Tribal Organization, or managed care entity that— committee advising the State on its State Urban Indian Organization, including any ‘‘(A) has an Indian enrolled with the enti- plan under this title.’’. patient served or eligible for service pursu- ty; and (2) APPLICATION TO SCHIP.—Section ant to section 807 of the Indian Health Care ‘‘(B) has an Indian health care provider 2107(e)(1) of such Act (42 U.S.C. 1397gg(e)(1)), Improvement Act, but only if such trans- that is participating as a primary care pro- as amended by section 204(b)(2), is amended— fers— vider within the network of the entity, (A) by redesignating subparagraphs (B) ‘‘(i) consist of expenditures related to pro- insofar as the Indian is otherwise eligible to through (F) as subparagraphs (C) through viding transportation for the patient for the receive services from such Indian health care (G), respectively; and provision of necessary health care items or provider and the Indian health care provider (B) by inserting after subparagraph (A), services, provided that the provision of such has the capacity to provide primary care the following new subparagraph: transportation is not advertised, nor an in- services to such Indian, the contract with ‘‘(B) Section 1902(a)(71) (relating to the op- centive of which the value is disproportion- the entity under section 1903(m) or under tion of certain States to seek advice from ately large in relationship to the value of the section 1905(t)(3) shall require, as a condition

VerDate Mar 15 2010 22:12 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00139 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JA8.REC S22JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S152 CONGRESSIONAL RECORD — SENATE January 22, 2008 of receiving payment under such contract, lated to care management, quality assur- rules regarding the application of a Medicaid that the Indian shall be allowed to choose ance, and utilization management. managed care program to Indian Medicaid such Indian health care provider as the Indi- ‘‘(E) APPLICATION OF SPECIAL PAYMENT RE- managed care entities: an’s primary care provider under the entity. QUIREMENTS FOR FEDERALLY-QUALIFIED ‘‘(A) ENROLLMENT.— ‘‘(2) ASSURANCE OF PAYMENT TO INDIAN HEALTH CENTERS AND ENCOUNTER RATE FOR ‘‘(i) LIMITATION TO INDIANS.—An Indian HEALTH CARE PROVIDERS FOR PROVISION OF SERVICES PROVIDED BY CERTAIN INDIAN HEALTH Medicaid managed care entity may restrict COVERED SERVICES.—Each contract with a CARE PROVIDERS.— enrollment under such program to Indians managed care entity under section 1903(m) or ‘‘(i) FEDERALLY-QUALIFIED HEALTH CEN- and to members of specific Tribes in the under section 1905(t)(3) shall require any TERS.— same manner as Indian Health Programs such entity that has a significant percentage ‘‘(I) MANAGED CARE ENTITY PAYMENT RE- may restrict the delivery of services to such of Indian enrollees (as determined by the QUIREMENT.—To agree to pay any Indian Indians and tribal members. Secretary), as a condition of receiving pay- health care provider that is a Federally- ‘‘(ii) NO LESS CHOICE OF PLANS.—Under such ment under such contract to satisfy the fol- qualified health center but not a partici- program the State may not limit the choice lowing requirements: pating provider with respect to the entity, of an Indian among Medicaid managed care ‘‘(A) DEMONSTRATION OF PARTICIPATING IN- for the provision of covered Medicaid man- entities only to Indian Medicaid managed DIAN HEALTH CARE PROVIDERS OR APPLICATION aged care services by such provider to an In- care entities or to be more restrictive than OF ALTERNATIVE PAYMENT ARRANGEMENTS.— dian enrollee of the entity at a rate equal to the choice of managed care entities offered Subject to subparagraph (E), to— the amount of payment that the entity to individuals who are not Indians. ‘‘(i) demonstrate that the number of Indian would pay a Federally-qualified health cen- ‘‘(iii) DEFAULT ENROLLMENT.— health care providers that are participating ter that is a participating provider with re- ‘‘(I) IN GENERAL.—If such program of a providers with respect to such entity are suf- spect to the entity but is not an Indian State requires the enrollment of Indians in a ficient to ensure timely access to covered health care provider for such services. Medicaid managed care entity in order to re- Medicaid managed care services for those en- ‘‘(II) CONTINUED APPLICATION OF STATE RE- ceive benefits, the State, taking into consid- rollees who are eligible to receive services QUIREMENT TO MAKE SUPPLEMENTAL PAY- eration the criteria specified in subsection from such providers; or MENT.—Nothing in subclause (I) or subpara- (a)(4)(D)(ii)(I), shall provide for the enroll- ‘‘(ii) agree to pay Indian health care pro- graph (A) or (B) shall be construed as ment of Indians described in subclause (II) viders who are not participating providers waiving the application of section 1902(bb)(5) who are not otherwise enrolled with such an with the entity for covered Medicaid man- regarding the State plan requirement to entity in an Indian Medicaid managed care aged care services provided to those enroll- make any supplemental payment due under entity described in such clause. ees who are eligible to receive services from such section to a Federally-qualified health ‘‘(II) INDIAN DESCRIBED.—An Indian de- such providers at a rate equal to the rate ne- center for services furnished by such center scribed in this subclause, with respect to an gotiated between such entity and the pro- to an enrollee of a managed care entity (re- Indian Medicaid managed care entity, is an vider involved or, if such a rate has not been gardless of whether the Federally-qualified Indian who, based upon the service area and negotiated, at a rate that is not less than the health center is or is not a participating pro- capacity of the entity, is eligible to be en- level and amount of payment which the enti- vider with the entity). rolled with the entity consistent with sub- ty would make for the services if the services ‘‘(ii) CONTINUED APPLICATION OF ENCOUNTER paragraph (A). were furnished by a participating provider RATE FOR SERVICES PROVIDED BY CERTAIN IN- ‘‘(iv) EXCEPTION TO STATE LOCK-IN.—A re- which is not an Indian health care provider. DIAN HEALTH CARE PROVIDERS.—If the amount quest by an Indian who is enrolled under ‘‘(B) PROMPT PAYMENT.—To agree to make paid by a managed care entity to an Indian such program with a non-Indian Medicaid prompt payment (in accordance with rules health care provider that is not a Federally- managed care entity to change enrollment applicable to managed care entities) to In- qualified health center and that has elected with that entity to enrollment with an In- dian health care providers that are partici- to receive payment under this title as an In- dian Medicaid managed care entity shall be pating providers with respect to such entity dian Health Service provider under the July considered cause for granting such request or, in the case of an entity to which subpara- 11, 1996, Memorandum of Agreement between under procedures specified by the Secretary. graph (A)(ii) or (E) applies, that the entity is the Health Care Financing Administration ‘‘(B) FLEXIBILITY IN APPLICATION OF SOL- required to pay in accordance with that sub- (now the Centers for Medicare & Medicaid VENCY.—In applying section 1903(m)(1) to an paragraph. Services) and the Indian Health Service for Indian Medicaid managed care entity— ‘‘(C) SATISFACTION OF CLAIM REQUIRE- services provided by such provider to an In- ‘‘(i) any reference to a ‘State’ in subpara- MENT.—To deem any requirement for the dian enrollee with the managed care entity graph (A)(ii) of that section shall be deemed submission of a claim or other documenta- is less than the encounter rate that applies to be a reference to the ‘Secretary’; and tion for services covered under subparagraph to the provision of such services under such ‘‘(ii) the entity shall be deemed to be a (A) by the enrollee to be satisfied through memorandum, the State plan shall provide public entity described in subparagraph the submission of a claim or other docu- for payment to the Indian health care pro- (C)(ii) of that section. mentation by an Indian health care provider vider of the difference between the applica- ‘‘(C) EXCEPTIONS TO ADVANCE DIRECTIVES.— that is consistent with section 403(h) of the ble encounter rate under such memorandum The Secretary may modify or waive the re- Indian Health Care Improvement Act. and the amount paid by the managed care quirements of section 1902(w) (relating to ‘‘(D) COMPLIANCE WITH GENERALLY APPLICA- entity to the provider for such services. provision of written materials on advance di- BLE REQUIREMENTS.— ‘‘(F) CONSTRUCTION.—Nothing in this para- rectives) insofar as the Secretary finds that ‘‘(i) IN GENERAL.—Subject to clause (ii), as graph shall be construed as waiving the ap- the requirements otherwise imposed are not a condition of payment under subparagraph plication of section 1902(a)(30)(A) (relating to an appropriate or effective way of commu- (A), an Indian health care provider shall application of standards to assure that pay- nicating the information to Indians. comply with the generally applicable re- ments are consistent with efficiency, econ- ‘‘(D) FLEXIBILITY IN INFORMATION AND MAR- quirements of this title, the State plan, and omy, and quality of care). KETING.— such entity with respect to covered Medicaid ‘‘(3) OFFERING OF MANAGED CARE THROUGH ‘‘(i) MATERIALS.—The Secretary may mod- managed care services provided by the In- INDIAN MEDICAID MANAGED CARE ENTITIES.— ify requirements under subsection (a)(5) to dian health care provider to the same extent If— ensure that information described in that that non-Indian providers participating with ‘‘(A) a State elects to provide services subsection is provided to enrollees and po- the entity must comply with such require- through Medicaid managed care entities tential enrollees of Indian Medicaid managed ments. under its Medicaid managed care program; care entities in a culturally appropriate and ‘‘(ii) LIMITATIONS ON COMPLIANCE WITH MAN- and understandable manner that clearly commu- AGED CARE ENTITY GENERALLY APPLICABLE RE- ‘‘(B) an Indian health care provider that is nicates to such enrollees and potential en- QUIREMENTS.—An Indian health care pro- funded in whole or in part by the Indian rollees their rights, protections, and bene- vider— Health Service, or a consortium composed of fits. ‘‘(I) shall not be required to comply with a 1 or more Tribes, Tribal Organizations, or ‘‘(ii) DISTRIBUTION OF MARKETING MATE- generally applicable requirement of a man- Urban Indian Organizations, and which also RIALS.—The provisions of subsection (d)(2)(B) aged care entity described in clause (i) as a may include the Indian Health Service, has requiring the distribution of marketing ma- condition of payment under subparagraph established an Indian Medicaid managed care terials to an entire service area shall be (A) if such compliance would conflict with entity in the State that meets generally ap- deemed satisfied in the case of an Indian any other statutory or regulatory require- plicable standards required of such an entity Medicaid managed care entity that distrib- ments applicable to the Indian health care under such Medicaid managed care program, utes appropriate materials only to those In- provider; and the State shall offer to enter into an agree- dians who are potentially eligible to enroll ‘‘(II) shall only need to comply with those ment with the entity to serve as a Medicaid with the entity in the service area. generally applicable requirements of a man- managed care entity with respect to eligible ‘‘(5) MALPRACTICE INSURANCE.—Insofar as, aged care entity described in clause (i) as a Indians served by such entity under such under a Medicaid managed care program, a condition of payment under subparagraph program. health care provider is required to have med- (A) that are necessary for the entity’s com- ‘‘(4) SPECIAL RULES FOR INDIAN MANAGED ical malpractice insurance coverage as a pliance with the State plan, such as those re- CARE ENTITIES.—The following are special condition of contracting as a provider with a

VerDate Mar 15 2010 22:12 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00140 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JA8.REC S22JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 22, 2008 CONGRESSIONAL RECORD — SENATE S153 Medicaid managed care entity, an Indian rollment and health status of Indians receiv- (1) specifically and exclusively dedicated to health care provider that is— ing items or services under health benefit meeting the needs of Indian tribes and tribal ‘‘(A) a Federally-qualified health center programs funded under this Act during the organizations through the provision of as- that is covered under the Federal Tort preceding year. Each such report shall in- sistance described in subsection (b); and Claims Act (28 U.S.C. 1346(b), 2671 et seq.); clude the following: (2) not part of any existing national child ‘‘(B) providing health care services pursu- ‘‘(1) The total number of Indians enrolled welfare resource center. ant to a contract or compact under the In- in, or receiving items or services under, such (b) ASSISTANCE PROVIDED.— dian Self-Determination and Education As- programs, disaggregated with respect to each (1) IN GENERAL.—The National Child Wel- sistance Act (25 U.S.C. 450 et seq.) that are such program. fare Resource Center for Tribes shall provide covered under the Federal Tort Claims Act ‘‘(2) The number of Indians described in information, advice, educational materials, (28 U.S.C. 1346(b), 2671 et seq.); or paragraph (1) that also received health bene- and technical assistance to Indian tribes and ‘‘(C) the Indian Health Service providing fits under programs funded by the Indian tribal organizations with respect to the health care services that are covered under Health Service. types of services, administrative functions, the Federal Tort Claims Act (28 U.S.C. ‘‘(3) General information regarding the data collection, program management, and 1346(b), 2671 et seq.); health status of the Indians described in reporting that are provided for under State are deemed to satisfy such requirement. paragraph (1), disaggregated with respect to plans under parts B and E of title IV of the ‘‘(6) DEFINITIONS.—For purposes of this sub- specific diseases or conditions and presented Social Security Act. section: in a manner that is consistent with protec- (2) IMPLEMENTATION AUTHORITY.—The Sec- ‘‘(A) INDIAN HEALTH CARE PROVIDER.—The tions for privacy of individually identifiable retary may provide the assistance described term ‘Indian health care provider’ means an health information under section 264(c) of in paragraph (1) either directly or through Indian Health Program or an Urban Indian the Health Insurance Portability and Ac- grant or contract with public or private or- Organization. countability Act of 1996. ganizations knowledgeable and experienced ‘‘(B) INDIAN; INDIAN HEALTH PROGRAM; SERV- ‘‘(4) A detailed statement of the status of in the field of Indian tribal affairs and child ICE; TRIBE; TRIBAL ORGANIZATION; URBAN IN- facilities of the Indian Health Service or an welfare. DIAN ORGANIZATION.—The terms ‘Indian’, ‘In- Indian Tribe, Tribal Organization, or an (c) APPROPRIATIONS.—There is appropriated dian Health Program’, ‘Service’, ‘Tribe’, Urban Indian Organization with respect to to the Secretary of Health and Human Serv- ‘tribal organization’, ‘Urban Indian Organi- such facilities’ compliance with the applica- ices, out of any money in the Treasury of the zation’ have the meanings given such terms ble conditions and requirements of titles United States not otherwise appropriated, in section 4 of the Indian Health Care Im- XVIII, XIX, and XXI, and, in the case of title $1,000,000 for each of fiscal years 2009 through provement Act. XIX or XXI, under a State plan under such 2013 to carry out the purposes of this section. ‘‘(C) INDIAN MEDICAID MANAGED CARE ENTI- title or under waiver authority, and of the SEC. 212. ADJUSTMENT TO THE MEDICARE AD- VANTAGE STABILIZATION FUND. TY.—The term ‘Indian Medicaid managed progress being made by such facilities (under care entity’ means a managed care entity plans submitted under section 1880(b), 1911(b) Section 1858(e)(2)(A)(i) of the Social Secu- that is controlled (within the meaning of the or otherwise) toward the achievement and rity Act (42 U.S.C. 1395w–27a(e)(2)(A)(i)), as amended by section 110 of the Medicare, last sentence of section 1903(m)(1)(C)) by the maintenance of such compliance. Medicaid, and SCHIP Extension Act of 2007 Indian Health Service, a Tribe, Tribal Orga- ‘‘(5) Such other information as the Sec- (Public Law 110–173), is amended by striking nization, or Urban Indian Organization, or a retary determines is appropriate.’’. ‘‘$1,790,000,000’’ and inserting ‘‘$1,657,000,000’’. consortium, which may be composed of 1 or SEC. 210. DEVELOPMENT OF RECOMMENDATIONS more Tribes, Tribal Organizations, or Urban TO IMPROVE INTERSTATE COORDI- SA 3900. Mr. SANDERS (for himself, Indian Organizations, and which also may in- NATION OF MEDICAID AND CHIP Mr. OBAMA, Ms. CANTWELL, Mr. KERRY, clude the Service. COVERAGE OF INDIAN CHILDREN AND OTHER CHILDREN WHO ARE Ms. SNOWE, Ms. COLLINS, Mr. SUNUNU, ‘‘(D) NON-INDIAN MEDICAID MANAGED CARE OUTSIDE OF THEIR STATE OF RESI- Mr. MENENDEZ, Mr. LEAHY, Mrs. CLIN- ENTITY.—The term ‘non-Indian Medicaid DENCY BECAUSE OF EDUCATIONAL managed care entity’ means a managed care OR OTHER NEEDS. TON, Mr. KENNEDY, and Mr. DURBIN) entity that is not an Indian Medicaid man- (a) STUDY.—The Secretary shall conduct a proposed an amendment to amendment aged care entity. study to identify barriers to interstate co- SA 3899 proposed by Mr. DORGAN (for ‘‘(E) COVERED MEDICAID MANAGED CARE ordination of enrollment and coverage under himself, Ms. MURKOWSKI, Mr. BAUCUS, SERVICES.—The term ‘covered Medicaid man- the Medicaid program under title XIX of the Mr. KENNEDY, Mr. SMITH, Mr. NELSON aged care services’ means, with respect to an Social Security Act and the State Children’s of Nebraska, and Mr. SALAZAR) to the individual enrolled with a managed care en- Health Insurance Program under title XXI of bill S. 1200, to amend the Indian Health tity, items and services that are within the such Act of children who are eligible for Care Improvement Act to revise and medical assistance or child health assistance scope of items and services for which bene- extend the Act; as follows: fits are available with respect to the indi- under such programs and who, because of vidual under the contract between the entity educational needs, migration of families, At the end of title II, insert the following: and the State involved. emergency evacuations, or otherwise, fre- SEC. 2ll. LOW-INCOME HOME ENERGY ASSIST- ANCE PROGRAM. ‘‘(F) MEDICAID MANAGED CARE PROGRAM.— quently change their State of residency or The term ‘Medicaid managed care program’ otherwise are temporarily present outside of (a) IN GENERAL.—There are authorized to means a program under sections 1903(m) and the State of their residency. Such study be appropriated, and there are appropriated, 1932 and includes a managed care program shall include an examination of the enroll- out of any money in the Treasury not other- operating under a waiver under section ment and coverage coordination issues faced wise appropriated— 1915(b) or 1115 or otherwise.’’. by Indian children who are eligible for med- (1) $400,000,000 (to remain available until (b) APPLICATION TO SCHIP.—Section ical assistance or child health assistance expended) for making payments under sub- 2107(e)(1) of such Act (42 U.S.C. 1397gg(1)), as under such programs in their State of resi- sections (a) through (d) of section 2604 of the amended by section 206(b)(2), is amended by dence and who temporarily reside in an out- Low-Income Home Energy Assistance Act of adding at the end the following new subpara- of- State boarding school or peripheral dor- 1981 (42 U.S.C. 8623); and graph: mitory funded by the Bureau of Indian Af- (2) $400,000,000 (to remain available until ‘‘(H) Subsections (a)(2)(C) and (h) of section fairs. expended) for making payments under sec- 1932.’’. (b) REPORT.—Not later than 18 months tion 2604(e) of the Low-Income Home Energy (c) EFFECTIVE DATE.—This section and the after the date of enactment of this Act, the Assistance Act of 1981 (42 U.S.C. 8623(e)), not- amendments made by this section take ef- Secretary, in consultation with directors of withstanding the designation requirement of fect on October 1, 2009. State Medicaid programs under title XIX of section 2602(e) of such Act (42 U.S.C. 8621(e)). SEC. 209. ANNUAL REPORT ON INDIANS SERVED the Social Security Act and directors of (b) DESIGNATION.—Any amount provided BY SOCIAL SECURITY ACT HEALTH State Children’s Health Insurance Programs under subsection (a) is designated as an BENEFIT PROGRAMS. under title XXI of such Act, shall submit a emergency requirement and necessary to Section 1139 of the Social Security Act (42 report to Congress that contains rec- meet emergency needs pursuant to sub- U.S.C. 1320b–9), as amended by the sections ommendations for such legislative and ad- sections (a) and (b) of section 204 of S. Con. 202, 205, and 206, is amended by redesignating ministrative actions as the Secretary deter- Res. 21 (110th Congress), the concurrent reso- subsection (e) as subsection (f), and inserting mines appropriate to address the enrollment lution on the budget for fiscal year 2008. after subsection (d) the following new sub- and coverage coordination barriers identified f section: through the study required under subsection ‘‘(e) ANNUAL REPORT ON INDIANS SERVED BY (a). NOTICE OF HEARING HEALTH BENEFIT PROGRAMS FUNDED UNDER SEC. 211. ESTABLISHMENT OF NATIONAL CHILD PERMANENT SUBCOMMITTEE ON INVESTIGATIONS THIS ACT.—Beginning January 1, 2008, and WELFARE RESOURCE CENTER FOR Mr. LEVIN. Mr. President, I would annually thereafter, the Secretary, acting TRIBES. through the Administrator of the Centers for (a) ESTABLISHMENT.—The Secretary of like to announce for the information of Medicare & Medicaid Services and the Direc- Health and Human Services shall establish a the Senate and the public that the Per- tor of the Indian Health Service, shall sub- National Child Welfare Resource Center for manent Subcommittee on Investiga- mit a report to Congress regarding the en- Tribes that is— tions of the Committee on Homeland

VerDate Mar 15 2010 22:12 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00141 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JA8.REC S22JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S154 CONGRESSIONAL RECORD — SENATE January 22, 2008 Security and Governmental Affairs will The PRESIDING OFFICER. Without mation of the Senate, the reports of hold a hearing entitled, ‘‘United Na- objection, it is so ordered. the Department of State with respect tions Development Program in North Mr. DORGAN. Madam President, on to the Extradition Treaty and Pro- Korea: A Case Study.’’ In early 2007, re- behalf of Senator INOUYE, I wish to re- tocol. ports surfaced of significant manage- quest unanimous consent that Ms. The Extradition Treaty would re- ment failures in the operations of the Cheryl Peterson, a public health nurse place the outdated Extradition Treaty United Nations Development Program fellow from the Indian Health Service, between the United States and Roma- (UNDP) in North Korea. Several who is serving on his staff, be per- nia, signed in Bucharest on July 23, months later, the UNDP took the un- mitted floor privileges for the duration 1924, and the Supplementary Extra- precedented step of suspending its of S. 1200, the Indian health bill. dition Treaty, signed in Bucharest on North Korean operations. The Sub- The PRESIDING OFFICER. Without November 10, 1936. The Protocol committee’s hearing will examine objection, it is so ordered. amends the Treaty Between the United UNDP operations in North Korea, re- f States of America and Romania on Mu- viewing such issues as inappropriate tual Legal Assistance in Criminal Mat- NOTICE: REGISTRATION OF MASS staffing, inadequate administrative ters, signed in Washington on May 26, MAILINGS and fiscal controls, inaccessible audits 1999 (the ‘‘1999 Mutual Legal Assistance and insufficient whistleblower safe- The filing date for 2007 fourth quarter Treaty’’). Both the Extradition Treaty guards. Witnesses for the upcoming Mass Mailings is Friday, January 25, and the Protocol also fulfill the re- hearing will include representatives of 2008. If your office did no mass mailings quirements for bilateral instruments the Department of State and the Gov- during this period, please submit a (between the United States and each ernment Accountability Office. The form that states ‘‘none.’’ European Union (EU) Member State) Subcommittee will also receive a pub- Mass mailing registrations, or nega- that are contained in the Extradition lic briefing from representatives of the tive reports, should be submitted to and Mutual Legal Assistance Agree- United Nations. A final witness list the Senate Office of Public Records, 232 ments between the United States and will be available Tuesday, January 22, Hart Building, Washington, DC 20510– the EU currently before the Senate. 2008. 7116. The Extradition Treaty follows gen- The Subcommittee hearing is sched- The Public Records office will be erally the form and content of other uled for Thursday, January 24, 2008, at open from 9 a.m. to 6 p.m. on the filing extradition treaties recently concluded 10 a.m., in Room 342 of the Dirksen date to accept these filings. For further by the United States. It would replace Senate Office Building. For further in- information, please contact the Public an outmoded list of extraditable of- formation, please contact Elise Bean of Records office on (202) 224–0322. fenses with a modern ‘‘dual crimi- the Permanent Subcommittee on In- f nality’’ approach, which would enable vestigations at 224–9505. REMOVAL OF INJUNCTION OF SE- extradition for such offenses as money f CRECY—TREATY DOCUMENTS laundering and other newer offenses NOS. 110–11, 110–12, AND 110–13 not appearing on the list. The Treaty AUTHORITY FOR COMMITTEES TO also contains a modernized ‘‘political MEET Mr. CASEY. Mr. President, I ask offense’’ clause, and it provides that COMMITTEE ON FINANCE unanimous consent that the Injunction neither Party shall refuse extradition Mr. DORGAN. Mr. President, I ask of Secrecy be removed from the fol- based on the citizenship of the person unanimous consent that the Com- lowing treaties transmitted to the Sen- sought. Finally, the new Treaty incor- mittee on Finance be authorized to ate on January 22, 2008, by the Presi- porates a series of procedural improve- meet during the session of the Senate dent of the United States: Extradition ments to streamline and speed the ex- on Tuesday, January 22, 2008, 10 a.m., Treaty with Romania and Protocol to tradition process. The Protocol pri- in room 215 of the Dirksen Senate Of- the Treaty on Mutual Legal Assistance marily serves to amend the 1999 Mutual fice Building, in order to conduct a in Criminal Matters with Romania, Legal Assistance Treaty in areas re- hearing entitled ‘‘Strengthening Amer- Treaty Document No. 110–11; Extra- quired pursuant to the U.S.–EU Mutual ica’s Economy: Stimulus That Makes dition Treaty with Bulgaria and an Legal Assistance Agreement, specifi- Sense.’’ Agreement on Certain Aspects of Mu- cally: mutual legal assistance to ad- The PRESIDING OFFICER. Without tual Legal Assistance in Criminal Mat- ministrative authorities; expedited objection, it is so ordered. ters with Bulgaria, Treaty Document transmission of requests; use limita- No. 110–12; and International Conven- COMMITTEE ON THE JUDICIARY tions; identification of bank informa- tion on Control of Harmful Anti-Foul- Mr. DORGAN. Mr. President, I ask tion; joint investigative teams; and ing Systems on Ships, Treaty Docu- unanimous consent that the Senate video conferencing. ment No. 110–13; I further ask that the Committee on the Judiciary be author- I recommend that the Senate give treaties be considered as having been ized to meet during the session of the early and favorable consideration to read the first time; that they be re- Senate, in order to conduct a hearing the Extradition Treaty and the Pro- ferred, with accompanying papers, to on Executive Nominations on Tuesday, tocol, along with the U.S.–EU Extra- the Committee on Foreign Relations January 22, 2008, at 2 p.m. in room SD– dition and Mutual Legal Assistance and ordered to be printed; and that the 226 of the Dirksen Senate Office Build- Agreements and the other related bi- President’s messages be printed in the ing. lateral instruments between the United RECORD. States and European Union Member Witness list Kevin J. O’Connor, of Con- The PRESIDING OFFICER. Without States. necticut, to be Associate Attorney Gen- objection, it is so ordered. GEORGE W. BUSH. eral, Department of Justice and Gregory The messages of the President are as THE WHITE HOUSE, January 22, 2008. G. Katsas, of Massachusetts, to be As- follows: sistant Attorney General, Civil Division, To the Senate of the United States: To the Senate of the United States: Department of Justice. With a view to receiving the advice With a view to receiving the advice The PRESIDING OFFICER. Without and consent of the Senate to ratifica- and consent of the Senate to ratifica- objection, it is so ordered. tion, I transmit herewith the Extra- tion, I transmit herewith the Extra- f dition Treaty between the United dition Treaty between the Government States of America and Romania (the of the United States of America and PRIVILEGES OF THE FLOOR ‘‘Extradition Treaty’’ or the ‘‘Treaty’’) the Government of the Republic of Bul- Mr. BAUCUS. Mr. President, I ask and the Protocol to the Treaty between garia (the ‘‘Extradition Treaty’’ or the unanimous consent that the following the United States of America and Ro- ‘‘Treaty’’) and the Agreement on Cer- people be allowed privileges of the mania on Mutual Legal Assistance in tain Aspects of Mutual Legal Assist- floor: Susan Hinck, Elise Stein, Mollie Criminal Matters (the ‘‘Protocol’’), ance in Criminal Matters between the Lane, Kayleigh Brown, Michael Bagel, both signed at Bucharest on September Government of the United States of and Emily Schwartz. 10, 2007. I also transmit, for the infor- America and the Government of the

VerDate Mar 15 2010 22:12 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00142 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JA8.REC S22JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 22, 2008 CONGRESSIONAL RECORD — SENATE S155 Republic of Bulgaria (the ‘‘MLA Agree- cation, the International Convention The PRESIDING OFFICER. Without ment’’), both signed at Sofia on Sep- on the Control of Harmful Anti-Foul- objection, it is so ordered. tember 19, 2007. I also transmit, for the ing Systems on Ships, 2001 (the ‘‘Con- The resolution (S. Res. 420) was information of the Senate, the report vention’’). agreed to. of the Department of State with re- The Convention aims to control the The premble was agreed to. spect to the Extradition Treaty and harmful effects of anti-fouling systems, The resolution, with its preamble, the MLA Agreement. which are used on the hulls of ships to reads as follows: The new Extradition Treaty would prevent the growth of marine orga- SENATE RESOLUTION 420 replace the outdated Extradition Trea- nisms. These systems are necessary to Whereas Marty Paone has faithfully served ty between the United States and Bul- increase fuel efficiency and minimize the Congress in various capacities over the garia, signed in Sofia on March 19, 1924, the transport of hull-borne species; past 32 years, twenty-eight of which were and the Supplementary Extradition however, anti-fouling systems can also spent in service to the Senate; Treaty, signed in Washington on June have negative effects on the marine en- Whereas Marty Paone is the first person to rise through the ranks of various positions— 8, 1934. The MLA Agreement is the first vironment, including when a vessel re- agreement between the two countries including Vehicular Placement Specialist— mains in place for a period of time to finally serve with distinction as Secretary on mutual legal assistance in criminal (such as in port). for the Minority, and concluding his Senate matters. Both the Extradition Treaty To mitigate these effects, the Con- service as Secretary for the Majority; and the MLA Agreement fulfill the re- vention prohibits Parties from using Whereas Marty Paone has at all times dis- quirements for bilateral instruments organotin-based anti-fouling systems charged the important duties and respon- (between the United States and each on their ships, and it prohibits ships sibilities of his office with great efficiency, European Union (EU) Member State) that use such systems from entering dedication and diligence; Whereas his dedication, good humor, and that are contained in the Extradition Parties’ ports, shipyards, or offshore and Mutual Legal Assistance Agree- exceptional service have earned him the re- terminals. The Convention authorizes spect and admiration of Democratic and Re- ments between the United States and controls on use of other anti-fouling publican Senators, as well as their staffs; the EU currently before the Senate. systems that could be added in the fu- Now therefore be it The Extradition Treaty follows gen- ture, after a comprehensive review Resolved, That the Senate expresses its ap- erally the form and content of other process. preciation to Marty Paone and commends extradition treaties recently concluded The Convention was adopted at a him for his lengthy, faithful and outstanding by the United States. It would replace Diplomatic Conference of the Inter- service to the Senate. an outmoded list of extraditable of- The Secretary of the Senate shall transmit national Maritime Organization in Oc- a copy of this resolution to Martin P. Paone. fenses with a modern ‘‘dual crimi- tober 2001 and signed by the United f nality’’ approach, which would enable States on December 12, 2002. The extradition for such offenses as money United States played a leadership role REGARDING NEED FOR ADDI- laundering, and other newer offenses in the negotiation and development of TIONAL RESEARCH INTO HYDRO- not appearing on the list. The Treaty the Convention. With Panama’s ratifi- CEPHALUS also contains a modernized ‘‘political cation of the Convention on September Mr. CASEY. Mr. President, I ask offense’’ clause, and it provides that 17, 2007, 25 States representing over 25 unanimous consent that the HELP extradition shall not be refused based percent of the world’s merchant ship- Committee be discharged from further on the nationality of a person sought ping tonnage have now ratified the consideration of S. Con. Res. 63 and the for any of a comprehensive list of seri- Convention. Therefore, the Convention Senate then proceed to its immediate ous offenses. Finally, the new Treaty will enter into force on September 17, consideration. incorporates a series of procedural im- 2008. Organotin-based anti-fouling sys- The PRESIDING OFFICER. Without provements to streamline and speed tems are specifically regulated through objection, it is so ordered. The clerk the extradition process. Because the United States and Bul- the Organotin Anti-Fouling Paint Con- will report the concurrent resolution garia do not have a bilateral mutual trol Act of 1988 (OAPCA), 33 U.S.C. by title. legal assistance treaty in force between 2401–2410. New legislation is required to The legislative clerk read as follows: them, the MLA Agreement is a partial fully implement the Convention and A concurrent resolution (S. Con. Res. 63) treaty governing only those issues reg- will take the form of a complete revi- expressing the sense of the Congress regard- sion and replacement of OAPCA. All in- ing the need for additional research into the ulated by the U.S.–EU Mutual Legal chronic neurological condition hydro- Assistance Agreement, specifically: terested executive branch agencies sup- port ratification. I recommend that the cephalus, and for other purposes. identification of bank information, There being no objection, the Senate joint investigative teams, video-confer- Senate give early and favorable consid- proceeded to consider the concurrent encing, expedited transmission of re- eration to the Convention and give its resolution. quests, assistance to administrative advice and consent to its ratification, with the declaration set out in the Mr. CASEY. Mr. President, I ask authorities, use limitations, confiden- unanimous consent that the concur- tiality, and grounds for refusal. This analysis of Article 16 in the attached rent resolution be agreed to, the pre- approach is consistent with that taken article-by-article analysis. amble be agreed to, the motion to re- with the other EU Member States GEORGE W. BUSH. consider be laid upon the table, and (Denmark, Finland, Malta, Portugal, THE WHITE HOUSE, January 22, 2008. that any statements be printed in the Slovak Republic, and Slovenia) with f RECORD. which the United States did not have COMMENDING MARTIN P. PAONE The PRESIDING OFFICER. Without an existing mutual legal assistance Mr. CASEY. Mr. President, I have a objection, it is so ordered. treaty. resolution at the desk, and I ask for its The concurrent resolution (S. Con. I recommend that the Senate give immediate consideration. Res. 63) was agreed to. early and favorable consideration to The PRESIDING OFFICER. The The preamble was agreed to. the Extradition Treaty and MLA clerk will report the resolution by The concurrent resolution, with its Agreement, along with the U.S.–EU Ex- title. preamble, reads as follows: tradition and Mutual Legal Assistance The legislative clerk read as follows: S. CON. RES. 63 Agreements and the other related bi- A resolution (S. Res. 420) commending lateral instruments between the United Expressing the sense of the Congress re- Martin P. Paone. garding the need for additional research into States and European Union Member the chronic neurological condition hydro- States. There being no objection, the Senate proceeded to consider the resolution. cephalus, and for other purposes. GEORGE W. BUSH. Mr. CASEY. Mr. President, I ask Whereas hydrocephalus is a serious neuro- THE WHITE HOUSE, January 22, 2008. logical condition, characterized by the ab- unanimous consent that the resolution normal buildup of cerebrospinal fluids in the To the Senate of the United States: and preamble be agreed to, en bloc, and ventricles of the brain; I transmit herewith, for the advice that the motion to reconsider be laid Whereas there is no known cure for hydro- and consent of the Senate to its ratifi- upon the table. cephalus;

VerDate Mar 15 2010 22:12 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00143 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JA8.REC S22JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S156 CONGRESSIONAL RECORD — SENATE January 22, 2008 Whereas hydrocephalus affects an esti- poned en bloc: Calendar No. 210 and DEPARTMENT OF STATE mated 1,000,000 Americans; Calendar No. 387. KURT DOUGLAS VOLKER, OF PENNSYLVANIA, A CA- Whereas 1 or 2 in every 1,000 babies are The PRESIDING OFFICER. Without REER FOREIGN SERVICE OFFICER OF CLASS ONE, TO BE born with hydrocephalus; UNITED STATES PERMANENT REPRESENTATIVE ON THE objection, it is so ordered. COUNCIL OF THE NORTH ATLANTIC TREATY ORGANIZA- Whereas over 375,000 older Americans have TION, WITH THE RANK AND STATUS OF AMBASSADOR EX- hydrocephalus, which often goes undetected f TRAORDINARY AND PLENIPOTENTIARY. JOXEL GARCIA, OF CONNECTICUT, TO BE REPRESENTA- or is misdiagnosed as dementia, Alzheimer’s ORDERS FOR WEDNESDAY, disease, or Parkinson’s disease; TIVE OF THE UNITED STATES ON THE EXECUTIVE BOARD JANUARY 23, 2008 OF THE WORLD HEALTH ORGANIZATION, VICE JAMES O. Whereas, with appropriate diagnosis and MASON. treatment, people with hydrocephalus are Mr. CASEY. Mr. President, I ask DEPARTMENT OF HEALTH AND HUMAN SERVICES able to live full and productive lives; unanimous consent that when the Sen- Whereas the standard treatment for hydro- JOXEL GARCIA, OF CONNECTICUT, TO BE MEDICAL DI- ate completes its business today, it RECTOR IN THE REGULAR CORPS OF THE PUBLIC cephalus was developed in 1952, and carries stand adjourned until 12 noon, Wednes- HEALTH SERVICE, SUBJECT TO THE QUALIFICATIONS multiple risks including shunt failure, infec- day, January 23; that on Wednesday, THEREFOR AS PROVIDED BY LAW AND REGULATIONS, tion, and overdrainage; AND TO BE AN ASSISTANT SECRETARY OF HEALTH AND HUMAN SERVICES, VICE JOHN O. AGWUNOBI, RESIGNED. Whereas there are fewer than 10 centers in following the prayer and the pledge, the United States specializing in the treat- the Journal of proceedings be approved INSTITUTE OF MUSEUM AND LIBRARY SERVICES ment of adults with normal pressure hydro- to date, the morning hour deemed ex- JAN CELLUCCI, OF MASSACHUSETTS, TO BE A MEMBER cephalus; pired, and the time for the two leaders OF THE NATIONAL MUSEUM AND LIBRARY SERVICES Whereas, each year, the people of the BOARD FOR A TERM EXPIRING DECEMBER 6, 2012, VICE reserved for their use later in the day, EDWIN JOSEPH RIGUAD, TERM EXPIRED. United States spend in excess of $1,000,000,000 and there then be a period of morning WILLIAM J. HAGENAH, OF ILLINOIS, TO BE A MEMBER to treat hydrocephalus; business until 12:30 p.m., with Senators OF THE NATIONAL MUSEUM AND LIBRARY SERVICES Whereas a September 2005 conference spon- BOARD FOR A TERM EXPIRING DECEMBER 6, 2012, VICE permitted to speak therein for up to 10 JUDITH ANN RAPANOS, TERM EXPIRED. sored by 7 institutes of the National Insti- MARK Y. HERRING, OF SOUTH CAROLINA, TO BE A MEM- tutes of Health—‘‘Hydrocephalus: Myths, minutes each; that on Wednesday, the BER OF THE NATIONAL MUSEUM AND LIBRARY SERV- New Facts, Clear Directions’’—resulted in ef- Senate stand in recess from 12:30 p.m. ICES BOARD FOR A TERM EXPIRING DECEMBER 6, 2012, VICE RENEE SWARTZ, TERM EXPIRED. forts to initiate new, collaborative research to 2:15 p.m. in order to accommodate JULIA W. BLAND, OF LOUISIANA, TO BE A MEMBER OF and treatment efforts; and the party conference meeting; that at THE NATIONAL MUSEUM AND LIBRARY SERVICES BOARD Whereas the Hydrocephalus Association is FOR A TERM EXPIRING DECEMBER 6, 2012, VICE MAR- 2:15 p.m., the Senate resume consider- GARET SCARLETT, TERM EXPIRED. one of the Nation’s oldest and largest patient ation of S. 1200, the Indian health legis- and research advocacy and support networks lation NATIONAL BOARD FOR EDUCATION SCIENCES for individuals suffering from hydrocephalus: The PRESIDING OFFICER. Without JOANNE WEISS, OF CALIFORNIA, TO BE A MEMBER OF Now, therefore, be it THE BOARD OF DIRECTORS OF THE NATIONAL BOARD Resolved by the Senate (the House of Rep- objection, it is so ordered. FOR EDUCATION SCIENCES FOR A TERM EXPIRING NO- VEMBER 28, 2010, VICE JAMES R. DAVIS, TERM EXPIRED. resentatives concurring), That— f SALLY EPSTEIN SHAYWITZ, OF CONNECTICUT, TO BE A (1) Congress commends the Director of the MEMBER OF THE BOARD OF DIRECTORS OF THE NA- National Institutes of Health for working ADJOURNMENT UNTIL TIONAL BOARD FOR EDUCATION SCIENCES FOR A TERM WEDNESDAY, JANUARY 23, 2008 EXPIRING NOVEMBER 28, 2011. (REAPPOINTMENT) with leading scientists and researchers to or- FRANK PHILIP HANDY, OF FLORIDA, TO BE A MEMBER ganize the first-ever National Institutes of Mr. CASEY. Mr. President, if there is OF THE BOARD OF DIRECTORS OF THE NATIONAL BOARD FOR EDUCATION SCIENCES FOR A TERM EXPIRING NO- Health conference on hydrocephalus; and no further business to come before the (2) it is the sense of Congress that— VEMBER 28, 2011. (REAPPOINTMENT) Senate, I ask unanimous consent that JONATHAN BARON, OF MARYLAND, TO BE A MEMBER (A) the Director of the National Institutes OF THE BOARD OF DIRECTORS OF THE NATIONAL BOARD of Health should continue the current col- the Senate stand adjourned under the FOR EDUCATION SCIENCES FOR A TERM EXPIRING NO- laboration with respect to hydrocephalus previous order. VEMBER 28, 2011. (REAPPOINTMENT) among the National Eye Institute, the Na- There being no objection, the Senate, DEPARTMENT OF JUSTICE tional Human Genome Research Institute, at 7:43 p.m., adjourned until Wednes- DORLA M. SALLING, OF TEXAS, TO BE A COMMISSIONER the National Institute of Biomedical Imag- day, January 23, 2008, at 12 noon. OF THE UNITED STATES PAROLE COMMISSION FOR A ing and Bioengineering, the National Insti- TERM OF SIX YEARS, VICE DEBORAH ANN SPAGNOLI, RE- f SIGNED. tute of Child Health and Human Develop- ment, the National Institute of Neurological NOMINATIONS IN THE COAST GUARD Disorders and Stroke, the National Institute Executive nominations received by THE FOLLOWING NAMED OFFICER FOR APPOINTMENT on Aging, and the Office of Rare Diseases; TO SERVE AS THE DIRECTOR OF THE COAST GUARD RE- (B) further research into the epidemiology, the Senate: SERVE PURSUANT TO TITLE 14, U.S.C., SECTION 53 IN THE GRADE INDICATED: pathophysiology, disease burden, and im- DEPARTMENT OF DEFENSE proved treatment of hydrocephalus should be NELSON M. FORD, OF VIRGINIA, TO BE UNDER SEC- To be rear admiral (lower half) conducted or supported; and RETARY OF THE ARMY, VICE PRESTON M. GEREN. RDML (SELECT) DANIEL R. MAY, 0000 (C) public awareness and professional edu- DEPARTMENT OF COMMERCE cation regarding hydrocephalus should in- IN THE ARMY WILLIAM J. BRENNAN, OF MAINE, TO BE ASSISTANT THE FOLLOWING NAMED OFFICER FOR APPOINTMENT crease through partnerships between the SECRETARY OF COMMERCE FOR OCEANS AND ATMOS- IN THE UNITED STATES ARMY TO THE GRADE INDICATED PHERE, VICE JAMES R. MAHONEY. Federal Government and patient advocacy WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND organizations. DEPARTMENT OF ENERGY RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: f J. GREGORY COPELAND, OF TEXAS, TO BE GENERAL To be lieutenant general COUNSEL OF THE DEPARTMENT OF ENERGY, VICE DAVID MEASURES POSTPONED INDEFI- R. HILL. MAJ. GEN. JOSEPH F. FIL, JR., 0000 NITELY—H. CON. RES. 155 AND S. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT UNITED STATES AGENCY FOR INTERNATIONAL IN THE UNITED STATES ARMY TO THE GRADE INDICATED 2023 DEVELOPMENT WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: Mr. CASEY. Mr. President, I ask JEFFREY J. GRIECO, OF VIRGINIA, TO BE AN ASSIST- unanimous consent that the following ANT ADMINISTRATOR OF THE UNITED STATES AGENCY To be general FOR INTERNATIONAL DEVELOPMENT, VICE J. EDWARD calendar numbers be indefinitely post- FOX. GEN. DAVID D. MCKIERNAN, 0000

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