[Congressional Record Volume 154, Number 25 (Thursday, February 14, 2008)]
[Daily Digest]
[Pages D143-D147]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



                                        Thursday, February 14, 2008

[[Page D143]]

                              Daily Digest


HIGHLIGHTS

      Senate agreed to H. Con. Res. 293, Adjournment Resolution.


                                 Senate


Chamber Action
Routine Proceedings, pages S993-S1086
Measures Introduced: Eighteen bills and four resolutions were 
introduced, as follows: S. 2637-2654, and S. Res. 454-457. 
                                                         Pages S1054-55
Measures Passed:
  K.T. Safety Act: Committee on Commerce, Science, and Transportation 
was discharged from further consideration of H.R. 1216, to direct the 
Secretary of Transportation to issue regulations to reduce the 
incidence of child injury and death occurring inside or outside of 
light motor vehicles, and the bill was then passed, clearing the 
measure for the President.                                   
  Page S1083
  United States and the Republic of Korea: Committee on Foreign 
Relations was discharged from further consideration of S. Res. 444, 
expressing the sense of the Senate regarding the strong alliance that 
has been forged between the United States and the Republic of Korea and 
congratulating Myung-Bak Lee on his election to the presidency of the 
Republic of Korea, and the resolution was then agreed to, after 
agreeing to the following amendment proposed thereto:        
  Page S1083
  Reid (for Biden) Amendment No. 4084, to modify the description of the 
economic relationship between the United States and the Republic of 
Korea.                                                       
Page S1083
  NATO Membership Action Plan with Georgia and Ukraine: Senate agreed 
to S. Res. 439, expressing the strong support of the Senate for the 
North Atlantic Treaty Organization to enter into a Membership Action 
Plan with Georgia and Ukraine.                           
  Pages S1083-84
  Chinese New Year: Senate agreed to S. Res. 457, recognizing the 
cultural and historical significance of the Chinese New Year or Spring 
Festival.                                                
  Pages S1084-85
  Adjournment Resolution: Senate agreed to H. Con. Res. 293, providing 
for a conditional adjournment of the House of Representatives and a 
conditional recess or adjournment of the Senate.             
  Page S1085
Measures Considered:

  Indian Health Care Improvement Act Amendments: Senate continued 
consideration of S. 1200, to amend the Indian Health Care Improvement 
Act to revise and extend the Act, taking action on the following 
amendments proposed thereto:                           
Pages S993-S1046
Adopted:
  By a unanimous vote of 95 yeas (Vote No. 24), Dorgan/Murkowski 
Amendment No. 4082 (to Amendment No. 3899), of a perfecting nature. 
                                                         Pages S1025-26
  By a unanimous vote of 94 yeas (Vote No. 27), Coburn Amendment No. 
4032 (to Amendment No. 3899), to protect rape and sexual assault 
victims from HIV/AIDS and other sexually transmitted diseases. 
                                      Pages S996, S997, S1028, S1032-33
  Brownback Modified Amendment No. 3893 (to Amendment No. 3899), to 
acknowledge a long history of official depredations and ill-conceived 
policies by the Federal Government regarding Indian tribes and offer an 
apology to all Native Peoples on behalf of the United States. 
                                                   Pages S994, S1037-38
  Mikulski Amendment No. 4023 (to Amendment No. 3899), to temporarily 
delay application of proposed changes to Medicaid payment rules for 
case management and targeted case management services. 
                                                  Pages S1008-13, S1038
  Murkowski (for Martinez) Modified Amendment No. 3906 (to Amendment 
No. 3899), to amend titles XI and XVIII of the Social Security Act to 
provide increased civil and criminal penalties for acts involving fraud 
and abuse under the Medicare program.             
Pages S1013-26, S1040


 =========================== NOTE =========================== 

  
  On page D143, February 14, 2008, Under the heading Measures 
Considered: Murkowski (for Martinez) Modified Amendment No. 3906 
(to Amendment No. 3899), to amend titles XI and XVIII of the 
Social Security Act to provide increased civil and criminal 
penalties for acts involving fraud and abuse under the Medicare 
program. Pages S1013-26, S1026
  
  The online version was corrected to read: Murkowski (for 
Martinez) Modified Amendment No. 3906 (to Amendment No. 3899), to 
amend titles XI and XVIII of the Social Security Act to provide 
increased civil and criminal penalties for acts involving fraud 
and abuse under the Medicare program. Pages S1013-26, S1040


 ========================= END NOTE ========================= 

  Bingaman/Thune Amendment No. 4083 (to Amendment No. 3899), to require 
the Comptroller

[[Page D144]]

General of the United States to conduct a study on payments for 
contract health services.                                    
Page S1040
  Barrasso Amendment No. 3898 (to Amendment No. 3899), to require the 
Comptroller General to report on the effectiveness of coordination of 
health care services provided to Indians using Federal, State, local, 
and tribal funds.                                     
Pages S994, S1040
  Dorgan (for Coburn) Modified Amendment No. 4078 (to Amendment No. 
3899), to determine the factors leading to significant tobacco-related 
disease and disproportionate health effects on tribal populations. 
                                                             Page S1040
  Coburn Amendment No. 4029 (to Amendment No. 3899), to require a study 
of membership criteria for federally recognized Indian tribes. 
                                                Pages S992, S997, S1040
  Murkowski (for Vitter) Amendment No. 4038 (to Amendment No. 3899), of 
a perfecting nature.                                     
Pages S1030-32
Rejected:
  By 28 yeas to 67 nays (Vote No. 25), Coburn Amendment No. 4034 (to 
Amendment No. 3899), to allow tribal members to make their own health 
care choices.                      
Pages S996, S998, S1020-22, S1026-27
  By 21 yeas to 73 nays (Vote No. 26), Coburn Amendment No. 4036 (to 
Amendment No. 3899), to prioritize scarce resources to basic medical 
services for Indians.                 
Pages S996, S998, S1027-30, S1032
Withdrawn:
  Bingaman/Thune Amendment No. 3894 (to Amendment No. 3899), to amend 
title XVIII of the Social Security Act to provide for a limitation on 
the charges for contract health services provided to Indians by 
Medicare providers.                                   
Pages S993, S1010
  Sanders Amendment No. 3900 (to Amendment No. 3899), to provide for 
payments under subsections (a) through (e) of section 2604 of the Low-
Income Home Energy Assistance Act of 1981.            
Pages S994, S1013
  Coburn Amendment No. 4024 (to Amendment No. 3899), to ensure that 
tribal members receive scientifically effective health promotion 
services.                                       
Pages S996, S997, S1040
  Coburn Amendment No. 4025 (to Amendment No. 3899), to clarify the 
absence of authorization of racial preference in employment. 
                                                Pages S996, S997, S1040
  Coburn Amendment No. 4026 (to Amendment No. 3899), to modify a 
provision relating to child sexual abuse and prevention treatment 
programs.                                       
Pages S996, S997, S1040
  Coburn Amendment No. 4027 (to Amendment No. 3899), to clarify the 
effect of a title.                              
Pages S996, S997, S1040
  Coburn Amendment No. 4028 (to Amendment No. 3899), to provide a blood 
quantum requirement for Federal recognition of Indian tribes. 
                                                Pages S996, S997, S1040
  Coburn Amendment No. 4030 (to Amendment No. 3899), to ensure tribal 
members have access to the highest levels of quality and safety in the 
Service.                                        
Pages S996, S997, S1040
  Coburn Amendment No. 4031 (to Amendment No. 3899), to promote 
transparency and quality in the Service.        
Pages S996, S997, S1040
  Coburn/DeMint Amendment No. 4033 (to Amendment No. 3899), to allow 
tribal members to make their own health care choices. 
                                             Pages S996, S997-98, S1040
  Coburn Amendment No. 4035 (to Amendment No. 3899), to prioritize 
patient care over administrative overhead.      
Pages S996, S998, S1040
  Coburn Amendment No. 4037 (to Amendment No. 3899), to prioritize 
scarce resources to basic medical services for Indians. 
                                             Pages S996, S998-99, S1040
Pending:
  Vitter Amendment No. 3896 (to Amendment No. 3899), to modify a 
section relating to limitation on use of funds appropriated to the 
Service.                                                      
Page S993
  Dorgan Amendment No. 3899, in the nature of a substitute.   
Page S994
  Smith Amendment No. 3897 (to Amendment No. 3899), to modify a 
provision relating to development of innovative approaches. 
                                                         Pages S1004-06
  Murkowski (for DeMint) Amendment No. 4015 (to Amendment No. 3899), to 
authorize the Secretary of Health and Human Services to establish an 
Indian health savings account demonstration project.     
Pages S1030-32
  Murkowski (for DeMint) Amendment No. 4066 (to Amendment No. 3899), of 
a perfecting nature.                                     
Pages S1030-32
  Murkowski (for DeMint) Amendment No. 4070 (to Amendment No. 3899), of 
a perfecting nature.                                     
Pages S1030-32
  Murkowski (for DeMint) Amendment No. 4073 (to Amendment No. 3899), of 
a perfecting nature.                                     
Pages S1030-32
  DeMint Amendment No. 4080 (to Amendment No. 4070), to rescind funds 
appropriated by the Consolidated Appropriations Act, 2008, for the City 
of Berkeley, California, and any entities located in such city, and to 
provide that such funds shall be transferred to the Operations and 
Maintenance, Marine Corps account of the Department of Defense for the 
purposes of recruiting.                                  
Pages S1037-38
  During consideration of this measure today, the following action also 
occurred:

[[Page D145]]


  DeMint Amendment No. 4067 (to Amendment No. 3894), to rescind funds 
appropriated by the Consolidated Appropriations Act, 2008, for the City 
of Berkeley, California, and any entities located in such city, and to 
provide that such funds shall be transferred to the Operation and 
Maintenance, Marine Corps account of the Department of Defense for the 
purposes of recruiting, fell when Bingaman/Thune Amendment No. 3894 (to 
Amendment No. 3899) (listed above) was withdrawn. 
                                               Pages S1006-08, S1022-24
  Gregg Amendment No. 4022 (to Amendment No. 3900), to provide funding 
for the Low-Income Home Energy Assistance Program in a fiscally 
responsible manner, fell when Sanders Amendment No. 3900 (to Amendment 
No. 3899) (listed above) was withdrawn.                       
Page S994
  A motion was entered to close further debate on Dorgan Amendment No. 
3899 (listed above), and, in accordance with the provisions of Rule 
XXII of the Standing Rules of the Senate, and pursuant to the 
unanimous-consent agreement of Thursday, February 14, 2008, a vote on 
cloture will occur at 5:30 p.m., on Monday, February 25, 2008. 
                                                             Page S1045
  A motion was entered to close further debate on the bill, and, in 
accordance with the provisions of Rule XXII of the Standing Rules of 
the Senate, and pursuant to the unanimous-consent agreement of 
Thursday, February 14, 2008, a vote on cloture will occur on Monday, 
February 25, 2008.                                           
Page S1045
  A unanimous-consent agreement was reached providing for further 
consideration of the bill after the traditional reading of Washington's 
Farewell Address, on Monday, February 25, 2008, and that the cloture 
vote on Dorgan Amendment No. 3899 (listed above), occur at 5:30 p.m., 
on Monday, February 25, 2008; that if cloture is invoked on Dorgan 
Amendment No. 3899, all post-cloture time be yielded back except for 
the times specified in this agreement, that the Managers each have 10 
minutes of debate for their use, and that all debate time be equally 
divided and controlled in the usual form; that Senator DeMint be 
recognized for up to 1 hour to speak with respect to any of his pending 
germane amendments; that with respect to Vitter Amendment No. 3896 (to 
Amendment No. 3899) (listed above), and a first-degree germane 
amendment from the Majority on the subject matter of Vitter Amendment 
No. 3896, that debate time on these two amendments be limited to 60 
minutes each; that Smith Amendment No. 3897 (to Amendment No. 3899) 
(listed above) be limited to 20 minutes of debate; that no further 
amendments be in order and that upon the use of time with respect to 
the DeMint amendments, Senate vote on or in relation to the amendments; 
that the vote sequence occur in the order in which the amendments are 
listed in this agreement, except that the Majority amendment with 
respect to Vitter Amendment No. 3896 (to Amendment No. 3899) (listed 
above) would occur first; that there be 2 minutes of debate prior to 
each vote; provided further, that upon the disposition of all pending 
amendments, Dorgan Amendment No. 3899 (listed above), as amended be 
agreed to, and the bill be read a third time, and Senate then vote on 
the motion to invoke cloture on the bill and that if cloture is 
invoked, all post-cloture time be yielded back, the Committee on Indian 
Affairs be discharged from further consideration of H.R. 1328, the 
House of Representatives companion measure, and Senate then begin its 
consideration, that all after the enacting clause be stricken and the 
text of S. 1200, as amended, be inserted in lieu thereof, that the bill 
be advanced to third reading, passed, and the motion to reconsider be 
laid upon the table; that upon passage of H.R. 1328, S. 1200 be 
returned to the calendar, and the mandatory quorum be waived; and that 
if cloture is not invoked, this agreement is null and void. 
                                                  Pages S1045-46, S1082
NEW DIRECTION FOR ENERGY INDEPENDENCE, NATIONAL SECURITY, AND CONSUMER 
PROTECTION ACT: Senate began consideration of the motion to proceed to 
consideration of H.R. 3221, moving the United States toward greater 
energy independence and security, developing innovative new 
technologies, reducing carbon emissions, creating green jobs, 
protecting consumers, increasing clean renewable energy production, and 
modernizing our energy infrastructure, and to amend the Internal 
Revenue Code of 1986 to provide tax incentives for the production of 
renewable energy and energy conservation.
  A motion was entered to close further debate on the motion to proceed 
to consideration of the bill and, in accordance with the provisions of 
Rule XXII of the Standing Rules of the Senate, and pursuant to the 
unanimous-consent agreement of Thursday, February 14, 2008, a vote on 
cloture will occur not prior to the votes on the motions to invoke 
cloture on the motions to proceed to consideration of S. 2633, to 
provide for the safe redeployment of United States troops from Iraq, 
and S. 2634, to require a report setting forth the global strategy of 
the United States to combat and defeat al Qaeda and its affiliates. 
                                                         Pages S1082-83
  Subsequently, the motion to proceed was withdrawn.
Appointments:
  A unanimous-consent agreement was reached providing that the 
appointment at the desk appear separately in the Congressional Record 
as if made by the

[[Page D146]]

Chair and replace the appointment made by the Chair on Wednesday, 
February 13, 2008.
  U.S.-Japan Interparliamentary Group: The Chair, on behalf of the Vice 
President, pursuant to Section 5 of Title I of Division H of Public Law 
110-161, appointed the following Senator as Vice Chairman of the U.S.-
Japan Interparliamentary Group conference for the 110th Congress: 
Senator Stevens.                                             
  Page S1085
  Federal Judicial Center Foundation Board: The Chair, on behalf of the 
President pro tempore, pursuant to the provisions of Public Law 100-
702, reappointed the following individual to the Federal Judicial 
Center Foundation Board: John B. White Jr., of South Carolina. 
                                                             Page S1085
  Open World Leadership Center: The Chair, on behalf of the President 
pro tempore, pursuant to the provisions of 2 U.S.C. Sec. 1151, as 
amended, appointed the following individual to the Board of Trustees of 
the Open World Leadership Council: Senator Wicker.           
  Page S1085
  National Commission on Children and Disasters: The Chair, on behalf 
of the Democratic Leader, pursuant to the provisions of Public Law 110-
161, appointed the following individuals to serve as members of the 
National Commission on Children and Disasters: Mark Shriver of Maryland 
and Sheila Leslie of Nevada.                                 
  Page S1085
Cloture Motions--Agreement: A unanimous-consent agreement was reached 
providing that on Monday, February 25, 2008, notwithstanding Rule XXII 
of the Standing Rules of the Senate, it be in order to move to proceed 
to consideration of the following bills in the order listed, that 
motions to invoke cloture be filed, and that once the motions have been 
made and the cloture motions filed, the motions to proceed be 
withdrawn; provided further, that the votes on the motions to invoke 
cloture occur on Tuesday, February 26, 2008, upon disposition of H.R. 
1328, Indian Health Care Improvement Act Amendments, with two minutes 
of debate prior to each vote on the motion to invoke cloture specified 
in this agreement, equally divided and controlled between the Majority 
and Republican Leaders, or their designees:
  S. 2633, to provide for the safe redeployment of United States troops 
from Iraq.
  S. 2634, to require a report setting forth the global strategy of the 
United States to combat and defeat al Qaeda and its affiliates. 
                                                             Page S1085
Bills and Statements--Agreement: A unanimous-consent agreement was 
reached providing that, notwithstanding the Senate being in pro forma 
session on Friday, February 15, 2008, that the Congressional Record 
remain open until 12:00 noon for bill introductions and statements. 
                                                             Page S1085
Authority for Committees--Agreement: A unanimous-consent agreement was 
reached providing that, notwithstanding the adjournment of the Senate, 
all committees be authorized to file legislative and executive reports 
on Friday, February 22, 2008, from 10:00 a.m. until 12:00 noon. 
                                                             Page S1085
Authorizing Leadership to Make Appointments--Agreement: A unanimous-
consent agreement was reached providing that, notwithstanding the 
adjournment of the Senate, the President of the Senate, the President 
Pro Tempore, and the Majority and Minority Leader be authorized to make 
appointments to commissions, committees, boards, conferences, or 
interparliamentary conferences authorized by law, by concurrent action 
of the two Houses, or by order of the Senate.                
  Page S1085
Nominations Received: Senate received the following nominations:
  Jeffrey Robert Brown, of Illinois, to be a Member of the Board of 
Trustees of the Federal Supplementary Medical Insurance Trust Fund for 
a term of four years.
  David Gustafson, of Virginia, to be a Judge of the United States Tax 
Court for a term of fifteen years.
  Elizabeth Crewson Paris, of the District of Columbia, to be a Judge 
of the United States Tax Court for a term of fifteen years.
  Joseph Evan LeBaron, of Oregon, to be Ambassador to the State of 
Qatar.
  Stephen James Nolan, of Virginia, to be Ambassador to the Republic of 
Botswana.
  Samuel W. Speck, of Ohio, to be a Commissioner on the part of the 
United States on the International Joint Commission, United States and 
Canada.
  William T. Lawrence, of Indiana, to be United States District Judge 
for the Southern District of Indiana.
  1 Army nomination in the rank of general.
  2 Marine Corps nominations in the rank of general.
  25 Navy nominations in the rank of admiral.            
Pages S1085-86
Measures Placed on the Calendar:                             
  Page S1054
Additional Cosponsors:                                   
  Pages S1055-56
Statements on Introduced Bills/Resolutions:              
  Pages S1056-75
Additional Statements:                                   
  Pages S1051-54
Amendments Submitted:                                    
  Pages S1075-81
Notices of Hearings/Meetings:                                
  Page S1081
Authorities for Committees to Meet:                      
  Pages S1081-82

[[Page D147]]

Privileges of the Floor:                                     
  Page S1082
Record Votes: Four record votes were taken today. (Total--27) 
                                    Pages S1026, S1027, S1032, S1032-33
Recess: Senate convened at 9:30 a.m. and recessed at 8:13 p.m., until 
10:00 a.m. on Friday, February 15, 2008. (For Senate's program, see the 
remarks of the Majority Leader in today's Record on page S1085.)