[Congressional Record (Bound Edition), Volume 154 (2008), Part 2]
[Senate]
[Pages 2312-2317]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 4038. Mr. VITTER submitted an amendment intended to be proposed by 
him to the bill S. 1200, to amend the Indian Health Care Improvement 
Act to revise and extend the Act; which was ordered to lie on the 
table; as follows:

       On page 294, strike lines 11 through 15 and insert the 
     following:

     grams involving treatment for victims of sexual abuse who are 
     Indian children or children in an Indian household.
                                 ______
                                 
  SA 4039. Mr. DeMINT submitted an amendment intended to be proposed to 
amendment SA 3899 proposed by Mr. Dorgan (for himself, Ms. Murkowski, 
Mr. Baucus, Mr. Kennedy, Mr. Smith, Mr. Nelson of Nebraska, and Mr. 
Salazar) to the bill S. 1200, to amend the Indian Health Care 
Improvement Act to revise and extend the Act; which was ordered to lie 
on the table; as follows:

       Beginning on page 7, strike line 17 and all that follows 
     through page 9, line 5.
                                 ______
                                 
  SA 4040. Mr. DeMINT submitted an amendment intended to be proposed to 
amendment SA 3899 proposed by Mr. Dorgan (for himself, Ms. Murkowski, 
Mr. Baucus, Mr. Kennedy, Mr. Smith, Mr. Nelson of Nebraska, and Mr. 
Salazar) to the bill S. 1200, to amend the Indian Health Care 
Improvement Act to revise and extend the Act; which was ordered to lie 
on the table; as follows:

       On page 7, line 23, strike ``and Urban Indians''.
                                 ______
                                 
  SA 4041. Mr. DeMINT submitted an amendment intended to be proposed to 
amendment SA 3899 proposed by Mr. Dorgan (for himself, Ms. Murkowski, 
Mr. Baucus, Mr. Kennedy, Mr. Smith,

[[Page 2313]]

Mr. Nelson of Nebraska, and Mr. Salazar) to the bill S. 1200, to amend 
the Indian Health Care Improvement Act to revise and extend the Act; 
which was ordered to lie on the table; as follows:

       On page 8, lines 19 and 20, strike ``, and conference with 
     Urban Indian Organizations,''.
                                 ______
                                 
  SA 4042. Mr. DeMINT submitted an amendment intended to be proposed to 
amendment SA 3899 proposed by Mr. Dorgan (for himself, Ms. Murkowski, 
Mr. Baucus, Mr. Kennedy, Mr. Smith, Mr. Nelson of Nebraska, and Mr. 
Salazar) to the bill S. 1200, to amend the Indian Health Care 
Improvement Act to revise and extend the Act; which was ordered to lie 
on the table; as follows:

       On page 11, strike lines 7 through 9 and insert the 
     following:
       ``(B) providing immunizations.
                                 ______
                                 
  SA 4043. Mr. DeMINT submitted an amendment intended to be proposed to 
amendment SA 3899 proposed by Mr. Dorgan (for himself, Ms. Murkowski, 
Mr. Baucus, Mr. Kennedy, Mr. Smith, Mr. Nelson of Nebraska, and Mr. 
Salazar) to the bill S. 1200, to amend the Indian Health Care 
Improvement Act to revise and extend the Act; which was ordered to lie 
on the table; as follows:

       On page 11, strike lines 17 through 19 and insert the 
     following:

     medicine, environmental health and engineering, and allied 
     health professions.
                                 ______
                                 
  SA 4044. Mr. DeMINT submitted an amendment intended to be proposed to 
amendment SA 3899 proposed by Mr. Dorgan (for himself, Ms. Murkowski, 
Mr. Baucus, Mr. Kennedy, Mr. Smith, Mr. Nelson of Nebraska, and Mr. 
Salazar) to the bill S. 1200, to amend the Indian Health Care 
Improvement Act to revise and extend the Act; which was ordered to lie 
on the table; as follows:

       On page 11, strike lines 21 through 23 and insert the 
     following:
       ``(A) improving health, including by raising public 
     awareness about
                                 ______
                                 
  SA 4045. Mr. DeMINT submitted an amendment intended to be proposed to 
amendment SA 3899 proposed by Mr. Dorgan (for himself, Ms. Murkowski, 
Mr. Baucus, Mr. Kennedy, Mr. Smith, Mr. Nelson of Nebraska, and Mr. 
Salazar) to the bill S. 1200, to amend the Indian Health Care 
Improvement Act to revise and extend the Act; which was ordered to lie 
on the table; as follows:

       On page 12, strike lines 3 and 4.
                                 ______
                                 
  SA 4046. Mr. DeMINT submitted an amendment intended to be proposed to 
amendment SA 3899 proposed by Mr. Dorgan (for himself, Ms. Murkowski, 
Mr. Baucus, Mr. Kennedy, Mr. Smith, Mr. Nelson of Nebraska, and Mr. 
Salazar) to the bill S. 1200, to amend the Indian Health Care 
Improvement Act to revise and extend the Act; which was ordered to lie 
on the table; as follows:

       On page 12, strike lines 5 and 6.
                                 ______
                                 
  SA 4047. Mr. DeMINT submitted an amendment intended to be proposed to 
amendment SA 3899 proposed by Mr. Dorgan (for himself, Ms. Murkowski, 
Mr. Baucus, Mr. Kennedy, Mr. Smith, Mr. Nelson of Nebraska, and Mr. 
Salazar) to the bill S. 1200, to amend the Indian Health Care 
Improvement Act to revise and extend the Act; which was ordered to lie 
on the table; as follows:

       On page 12, strike lines 7 and 8.
                                 ______
                                 
  SA 4048. Mr. DeMINT submitted an amendment intended to be proposed to 
amendment SA 3899 proposed by Mr. Dorgan (for himself, Ms. Murkowski, 
Mr. Baucus, Mr. Kennedy, Mr. Smith, Mr. Nelson of Nebraska, and Mr. 
Salazar) to the bill S. 1200, to amend the Indian Health Care 
Improvement Act to revise and extend the Act; which was ordered to lie 
on the table; as follows:

       On page 12, strike lines 9 and 10.
                                 ______
                                 
  SA 4049. Mr. DeMINT submitted an amendment intended to be proposed to 
amendment SA 3899 proposed by Mr. Dorgan (for himself, Ms. Murkowski, 
Mr. Baucus, Mr. Kennedy, Mr. Smith, Mr. Nelson of Nebraska, and Mr. 
Salazar) to the bill S. 1200, to amend the Indian Health Care 
Improvement Act to revise and extend the Act; which was ordered to lie 
on the table; as follows:

       On page 12, strike line 18.
                                 ______
                                 
  SA 4050. Mr. DeMINT submitted an amendment intended to be proposed to 
amendment SA 3899 proposed by Mr. Dorgan (for himself, Ms. Murkowski, 
Mr. Baucus, Mr. Kennedy, Mr. Smith, Mr. Nelson of Nebraska, and Mr. 
Salazar) to the bill S. 1200, to amend the Indian Health Care 
Improvement Act to revise and extend the Act; which was ordered to lie 
on the table; as follows:

       On page 12, strike line 24.
                                 ______
                                 
  SA 4051. Mr. DeMINT submitted an amendment intended to be proposed to 
amendment SA 3899 proposed by Mr. Dorgan (for himself, Ms. Murkowski, 
Mr. Baucus, Mr. Kennedy, Mr. Smith, Mr. Nelson of Nebraska, and Mr. 
Salazar) to the bill S. 1200, to amend the Indian Health Care 
Improvement Act to revise and extend the Act; which was ordered to lie 
on the table; as follows:

       On page 13, strike lines 5 and 6.
                                 ______
                                 
  SA 4052. Mr. DeMINT submitted an amendment intended to be proposed to 
amendment SA 3899 proposed by Mr. Dorgan (for himself, Ms. Murkowski, 
Mr. Baucus, Mr. Kennedy, Mr. Smith, Mr. Nelson of Nebraska, and Mr. 
Salazar) to the bill S. 1200, to amend the Indian Health Care 
Improvement Act to revise and extend the Act; which was ordered to lie 
on the table; as follows:

       On page 13, strike line 15.
                                 ______
                                 
  SA 4053. Mr. DeMINT submitted an amendment intended to be proposed to 
amendment SA 3899 proposed by Mr. Dorgan (for himself, Ms. Murkowski, 
Mr. Baucus, Mr. Kennedy, Mr. Smith, Mr. Nelson of Nebraska, and Mr. 
Salazar) to the bill S. 1200, to amend the Indian Health Care 
Improvement Act to revise and extend the Act; which was ordered to lie 
on the table; as follows:

       On page 13, strike line 19.
                                 ______
                                 
  SA 4054. Mr. DeMINT submitted an amendment intended to be proposed to 
amendment SA 3899 proposed by Mr. Dorgan (for himself, Ms. Murkowski, 
Mr. Baucus, Mr. Kennedy, Mr. Smith, Mr. Nelson of Nebraska, and Mr. 
Salazar) to the bill S. 1200, to amend the Indian Health Care 
Improvement Act to revise and extend the Act; which was ordered to lie 
on the table; as follows:

       On page 14, strike line 1.
                                 ______
                                 
  SA 4055. Mr. DeMINT submitted an amendment intended to be proposed to 
amendment SA 3899 proposed by Mr. Dorgan (for himself, Ms. Murkowski, 
Mr. Baucus, Mr. Kennedy, Mr. Smith, Mr. Nelson of Nebraska, and Mr. 
Salazar) to the bill S. 1200, to amend the Indian Health Care 
Improvement Act to revise and extend the Act; which was ordered to lie 
on the table; as follows:

       On page 14, strike line 8.
                                 ______
                                 
  SA 4056. Mr. DeMINT submitted an amendment intended to be proposed to 
amendment SA 3899 proposed by Mr. Dorgan (for himself, Ms. Murkowski, 
Mr. Baucus, Mr. Kennedy, Mr. Smith, Mr. Nelson of Nebraska, and Mr. 
Salazar) to the bill S. 1200, to amend the Indian Health Care 
Improvement Act to revise and extend the Act; which was ordered to lie 
on the table; as follows:

       On page 14, strike lines 10 and 11 and insert the 
     following:

     by the Service or a Tribal Health Program to pro-
                                 ______
                                 
  SA 4057. Mr. DeMINT submitted an amendment intended to be proposed to 
amendment SA 3899 proposed by Mr. Dorgan (for himself, Ms. Murkowski, 
Mr. Baucus, Mr. Kennedy, Mr. Smith, Mr. Nelson of Nebraska, and Mr. 
Salazar) to the bill S. 1200, to amend the Indian Health Care 
Improvement Act to revise and extend the Act; which was ordered to lie 
on the table; as follows:

       On page 14, line 20, strike ``(i)''.

[[Page 2314]]

       On page 15, line 2, strike ``or''.
       On page 15, strike lines 3 and 4.
                                 ______
                                 
  SA 4058. Mr. DeMINT submitted an amendment intended to be proposed to 
amendment SA 3899 proposed by Mr. Dorgan (for himself, Ms. Murkowski, 
Mr. Baucus, Mr. Kennedy, Mr. Smith, Mr. Nelson of Nebraska, and Mr. 
Salazar) to the bill S. 1200, to amend the Indian Health Care 
Improvement Act to revise and extend the Act; which was ordered to lie 
on the table; as follows:

       On page 15, line 6, insert ``or'' after the semicolon.

       On page 15, strike lines 8 through 10 and insert the 
     following:
     Interior to be an Indian for any purpose.
                                 ______
                                 
  SA 4059. Mr. DeMINT submitted an amendment intended to be proposed to 
amendment SA 3899 proposed by Mr. Dorgan (for himself, Ms. Murkowski, 
Mr. Baucus, Mr. Kennedy, Mr. Smith, Mr. Nelson of Nebraska, and Mr. 
Salazar) to the bill S. 1200, to amend the Indian Health Care 
Improvement Act to revise and extend the Act; which was ordered to lie 
on the table; as follows:

       On page 16, lines 5 and 6, strike ``including former 
     reservations in Oklahoma, Indian allotments, and'' and insert 
     ``including Indian allotments and''.
                                 ______
                                 
  SA 4060. Mr. DeMINT submitted an amendment intended to be proposed to 
amendment SA 3899 proposed by Mr. Dorgan (for himself, Ms. Murkowski, 
Mr. Baucus, Mr. Kennedy, Mr. Smith, Mr. Nelson of Nebraska, and Mr. 
Salazar) to the bill S. 1200, to amend the Indian Health Care 
Improvement Act to revise and extend the Act; which was ordered to lie 
on the table; as follows:

       On page 18, strike lines 12 through 20 and insert the 
     following:

     the States in which they reside.
       ``(B) The individual is determined to be an
                                 ______
                                 
  SA 4061. Mr. DeMINT submitted an amendment intended to be proposed to 
amendment SA 3899 proposed by Mr. Dorgan (for himself, Ms. Murkowski, 
Mr. Baucus, Mr. Kennedy, Mr. Smith, Mr. Nelson of Nebraska, and Mr. 
Salazar) to the bill S. 1200, to amend the Indian Health Care 
Improvement Act to revise and extend the Act; which was ordered to lie 
on the table; as follows:

       On page 48, strike lines 13 and 14 and insert the 
     following:

     efforts of an Indian Health Program; and
                                 ______
                                 
  SA 4062. Mr. DeMINT submitted an amendment intended to be proposed to 
amendment SA 3899 proposed by Mr. Dorgan (for himself, Ms. Murkowski, 
Mr. Baucus, Mr. Kennedy, Mr. Smith, Mr. Nelson of Nebraska, and Mr. 
Salazar) to the bill S. 1200, to amend the Indian Health Care 
Improvement Act to revise and extend the Act; which was ordered to lie 
on the table; as follows:

       On page 92, strike lines 22 and 23.
                                 ______
                                 
  SA 4063. Mr. DeMINT submitted an amendment intended to be proposed to 
amendment SA 3899 proposed by Mr. Dorgan (for himself, Ms. Murkowski, 
Mr. Baucus, Mr. Kennedy, Mr. Smith, Mr. Nelson of Nebraska, and Mr. 
Salazar) to the bill S. 1200, to amend the Indian Health Care 
Improvement Act to revise and extend the Act; which was ordered to lie 
on the table; as follows:

       On page 92, strike lines 14 through 16 and insert the 
     following:

     and therapeutic and residential treatment centers.
                                 ______
                                 
  SA 4064. Mr. DeMINT submitted an amendment intended to be proposed to 
amendment SA 3899 proposed by Mr. Dorgan (for himself, Ms. Murkowski, 
Mr. Baucus, Mr. Kennedy, Mr. Smith, Mr. Nelson of Nebraska, and Mr. 
Salazar) to the bill S. 1200, to amend the Indian Health Care 
Improvement Act to revise and extend the Act; which was ordered to lie 
on the table; as follows:

       Beginning on page 159, strike line 12 and all that follows 
     through page 161, line 16.
                                 ______
                                 
  SA 4065. Mr. DeMINT submitted an amendment intended to be proposed to 
amendment SA 3899 proposed by Mr. Dorgan (for himself, Ms. Murkowski, 
Mr. Baucus, Mr. Kennedy, Mr. Smith, Mr. Nelson of Nebraska, and Mr. 
Salazar) to the bill S. 1200, to amend the Indian Health Care 
Improvement Act to revise and extend the Act; which was ordered to lie 
on the table; as follows:

       Beginning on page 170, strike line 14 and all that follows 
     through page 172, line 1, and insert the following:
       ``(1) General projects.--The Secretary may approve under 
     this section demonstration projects that meet the following 
     criteria:
       ``(A) There is a need for a new facility or program, such 
     as a program for convenient care services, or the 
     reorientation of an existing facility or program.
       ``(B) A significant number of Indians, including Indians 
     with low health status, will be served by the project.
       ``(C) The project has the potential to deliver services in 
     an efficient and effective manner.
       ``(D) The project is economically viable.
       ``(E) For projects carried out by an Indian Tribe or Tribal 
     Organization, the Indian Tribe or Tribal Organization has the 
     administrative and financial capability to administer the 
     project.
       ``(F) The project is integrated with providers of related 
     health and social services and is coordinated with, and 
     avoids duplication of, existing services in order to expand 
     the availability of services.
       On page 173, line 5, strike ``(1)(A)'' and insert ``(1)''.
       On page 173, line 22, strike ``(1)(A)'' and insert ``(1)''.
                                 ______
                                 
  SA 4066. Mr. DeMINT submitted an amendment intended to be proposed to 
amendment SA 3899 proposed by Mr. Dorgan (for himself, Ms. Murkowski, 
Mr. Baucus, Mr. Kennedy, Mr. Smith, Mr. Nelson of Nebraska, and Mr. 
Salazar) to the bill S. 1200, to amend the Indian Health Care 
Improvement Act to revise and extend the Act; which was ordered to lie 
on the table; as follows:

       On page 207, strike lines 4 and 5 and insert the following:

     care organization;
       ``(4) a self-insured plan; or
       ``(5) a high deductible or health savings account plan.
                                 ______
                                 
  SA 4067. Mr. DeMINT submitted an amendment intended to be proposed to 
amendment SA 3894 proposed by Mr. Bingaman (for himself and Mr. Thune) 
to the amendment SA 3899 proposed by Mr. Dorgan (for himself, Ms. 
Murkowski, Mr. Baucus, Mr. Kennedy, Mr. Smith, Mr. Nelson of Nebraska, 
and Mr. Salazar) to the bill S. 1200, to amend the Indian Health Care 
Improvement Act to revise and extend the Act; as follows:

       At the appropriate place, add the following:

     SEC. __. RECISSION AND TRANSFER OF FUNDS.

       (a) Recission of Certain Earmarks.--All of the amounts 
     appropriated by the Consolidated Appropriations Act, 2008 
     (Public Law 110-161) and the accompanying report for 
     congressional directed spending items for the City of 
     Berkeley, California, or entities located in such city are 
     hereby rescinded.
       (b) Transfer of Funds to Operation and Maintenance, Marine 
     Corps.--The amounts rescinded under subsection (a) shall be 
     transferred to the ``Operation and Maintenance, Marine 
     Corps'' account of the Department of Defense for fiscal year 
     2008 to be used for recruiting purposes.
       (c) Congressional Directed Spending Item Defined.--In this 
     section, the term ``congressional directed spending item'' 
     has the meaning given such term in paragraph 5(a) of rule 
     XLIV of the Standing Rules of the Senate.
                                 ______
                                 
  SA 4068. Mr. DeMINT submitted an amendment intended to be proposed to 
amendment SA 3899 proposed by Mr. Dorgan (for himself, Ms. Murkowski, 
Mr. Baucus, Mr. Kennedy, Mr. Smith, Mr. Nelson of Nebraska, and Mr. 
Salazar) to the bill S. 1200, to amend the Indian Health Care 
Improvement Act to revise and extend the Act; which was ordered to lie 
on the table; as follows:

       Beginning on page 221, strike line 1 and all that follows 
     through page 245, line 24.
                                 ______
                                 
  SA 4069. Mr. DeMINT submitted an amendment intended to be proposed to 
amendment SA 3899 proposed by Mr. Dorgan (for himself, Ms. Murkowski, 
Mr. Baucus, Mr. Kennedy, Mr. Smith, Mr. Nelson of Nebraska, and Mr. 
Salazar) to the bill S. 1200, to amend the Indian Health Care 
Improvement Act to revise and extend the Act; which was ordered to lie 
on the table; as follows:

       On page 260, between lines 15 and 16, insert the following:

[[Page 2315]]

       ``(g) Limitation.--Notwithstanding any other provision of 
     law, no funds shall be made available under this section for 
     any needle exchange program.
                                 ______
                                 
  SA 4070. Mr. DeMINT submitted an amendment intended to be proposed to 
amendment SA 3899 proposed by Mr. Dorgan (for himself, Ms. Murkowski, 
Mr. Baucus, Mr. Kennedy, Mr. Smith, Mr. Nelson of Nebraska, and Mr. 
Salazar) to the bill S. 1200, to amend the Indian Health Care 
Improvement Act to revise and extend the Act; which was ordered to lie 
on the table; as follows:

       On page 309, between lines 19 and 20, insert the following:
       ``(c) Firearm Programs.--None of the funds made available 
     to carry out this Act may be used to carry out any 
     antifirearm program, gun buy-back program, or program to 
     discourage or stigmatize the private ownership of firearms 
     for collecting, hunting, or self-defense purposes.
                                 ______
                                 
  SA 4071. Mr. DeMINT submitted an amendment intended to be proposed to 
amendment SA 3899 proposed by Mr. Dorgan (for himself, Ms. Murkowski, 
Mr. Baucus, Mr. Kennedy, Mr. Smith, Mr. Nelson of Nebraska, and Mr. 
Salazar) to the bill S. 1200, to amend the Indian Health Care 
Improvement Act to revise and extend the Act; which was ordered to lie 
on the table; as follows:

       On page 364, strike lines 7 through 9 and insert the 
     following:

     or colony, including
                                 ______
                                 
  SA 4072. Mr. DeMINT submitted an amendment intended to be proposed to 
amendment SA 3899 proposed by Mr. Dorgan (for himself, Ms. Murkowski, 
Mr. Baucus, Mr. Kennedy, Mr. Smith, Mr. Nelson of Nebraska, and Mr. 
Salazar) to the bill S. 1200, to amend the Indian Health Care 
Improvement Act to revise and extend the Act; which was ordered to lie 
on the table; as follows:

       On page 364, strike lines 17 through 23.
       On page 364, line 24, strike ``(D)'' and insert ``(C)''.
       On page 365, line 1, strike ``through (C)'' and insert 
     ``and (B)''.
                                 ______
                                 
  SA 4073. Mr. DeMINT submitted an amendment intended to be proposed to 
amendment SA 3899 proposed by Mr. Dorgan (for himself, Ms. Murkowski, 
Mr. Baucus, Mr. Kennedy, Mr. Smith, Mr. Nelson of Nebraska, and Mr. 
Salazar) to the bill S. 1200, to amend the Indian Health Care 
Improvement Act to revise and extend the Act; which was ordered to lie 
on the table; as follows:

       At the end, add the following:

                        TITLE III--APPLICABILITY

     SEC. 3__. INDIAN TRIBES OPERATING CLASS III GAMING 
                   ACTIVITIES.

       This Act and the amendments made by this Act shall not 
     apply to any Indian tribe carrying out any class III gaming 
     activity (as defined in section 4 of the Indian Gaming 
     Regulatory Act (25 U.S.C. 2703)).
                                 ______
                                 
  SA 4074. Mr. DeMINT submitted an amendment intended to be proposed to 
amendment SA 3899 proposed by Mr. Dorgan (for himself, Ms. Murkowski, 
Mr. Baucus, Mr. Kennedy, Mr. Smith, Mr. Nelson of Nebraska, and Mr. 
Salazar) to the bill S. 1200, to amend the Indian Health Care 
Improvement Act to revise and extend the Act; which was ordered to lie 
on the table; as follows:

       At the end add the following:

                        TITLE III--APPLICABILITY

     SEC. 3__. INDIAN TRIBES WITH CERTAIN GAMING REVENUES.

       This Act and the amendments made by this Act shall not 
     apply to any Indian tribe for each calendar year during which 
     the revenues of the Indian tribe from any class III gaming 
     activity (as defined in section 4 of the Indian Gaming 
     Regulatory Act (25 U.S.C. 2703)) are in excess of 
     $100,000,000.
                                 ______
                                 
  SA 4075. Mr. DeMINT submitted an amendment intended to be proposed to 
amendment SA 3899 proposed by Mr. Dorgan (for himself, Ms. Murkowski, 
Mr. Baucus, Mr. Kennedy, Mr. Smith, Mr. Nelson of Nebraska, and Mr. 
Salazar) to the bill S. 1200, to amend the Indian Health Care 
Improvement Act to revise and extend the Act; which was ordered to lie 
on the table; as follows:

       Strike paragraph (12) of section 4 of the Indian Health 
     Care Improvement Act (as amended by section 101) and insert 
     the following:
       ``(12) The term `Indian' means any individual who is a 
     member of an Indian Tribe.
                                 ______
                                 
  SA 4076. Mr. DeMINT submitted an amendment intended to be proposed to 
amendment SA 3899 proposed by Mr. Dorgan (for himself, Ms. Murkowski, 
Mr. Baucus, Mr. Kennedy, Mr. Smith, Mr. Nelson of Nebraska, and Mr. 
Salazar) to the bill S. 1200, to amend the Indian Health Care 
Improvement Act to revise and extend the Act; which was ordered to lie 
on the table; as follows:

       In section 213(a) of the Indian Health Care Improvement Act 
     (as amended by section 101), strike paragraphs (1) through 
     (4) and insert the following:
       ``(1) hospice care; and
       ``(2) home- and community-based services.
                                 ______
                                 
  SA 4077. Mr. DeMINT submitted an amendment intended to be proposed to 
amendment SA 3899 proposed by Mr. Dorgan (for himself, Ms. Murkowski, 
Mr. Baucus, Mr. Kennedy, Mr. Smith, Mr. Nelson of Nebraska, and Mr. 
Salazar) to the bill S. 1200, to amend the Indian Health Care 
Improvement Act to revise and extend the Act; which was ordered to lie 
on the table; as follows:

       Strike section 814 of the Indian Health Care Improvement 
     Act (as amended by section 101) (relating to establishment of 
     a National Bipartisan Commission on Indian Health Care).
                                 ______
                                 
  SA 4078. Mr. COBURN submitted an amendment intended to be proposed to 
amendment SA 3899 proposed by Mr. Dorgan (for himself, Ms. Murkowski, 
Mr. Baucus, Mr. Kennedy, Mr. Smith, Mr. Nelson of Nebraska, and Mr. 
Salazar) to the bill S. 1200, to amend the Indian Health Care 
Improvement Act to revise and extend the Act; which was ordered to lie 
on the table; as follows:

       At the appropriate place in title VIII of the Indian Health 
     Care Improvement Act (as amended by section 101), insert the 
     following:

     ``SEC. 8__. STUDY ON TOBACCO-RELATED DISEASE AND 
                   DISPROPORTIONATE HEALTH EFFECTS ON TRIBAL 
                   POPULATIONS.

       ``Not later than 180 days after the date of enactment of 
     the Indian Health Care Improvement Act Amendments of 2008, 
     the Secretary, in consultation with appropriate Federal 
     departments and agencies and acting through the epidemiology 
     centers established under section 209, shall solicit from 
     independent organizations bids to conduct, and shall submit 
     to Congress a report describing the results of, a study to 
     determine possible causes for the high prevalence of tobacco 
     use among Indians.
                                 ______
                                 
  SA 4079. Mr. BINGAMAN submitted an amendment intended to be proposed 
to amendment SA 3899 proposed by Mr. Dorgan (for himself, Ms. 
Murkowski, Mr. Baucus, Mr. Kennedy, Mr. Smith, Mr. Nelson of Nebraska, 
and Mr. Salazar) to the bill S. 1200, to amend the Indian Health Care 
Improvement Act to revise and extend the Act; which was ordered to lie 
on the table; as follows:

       At the end of title I, add the following:

     SEC. ___. GAO STUDY AND REPORT ON PAYMENTS FOR CONTRACT 
                   HEALTH SERVICES.

       (a) Study.--
       (1) In general.--The Comptroller General of the United 
     States (in this section referred to as the ``Comptroller 
     General'') shall conduct a study on the utilization of health 
     care furnished by health care providers under the contract 
     health services program funded by the Indian Health Service 
     and operated by the Indian Health Service, an Indian Tribe, 
     or a Tribal Organization (as those terms are defined in 
     section 4 of the Indian Health Care Improvement Act).
       (2) Analysis.--The study conducted under paragraph (1) 
     shall include an analysis of--
       (A) the amounts reimbursed under the contract health 
     services program described in paragraph (1) for health care 
     furnished by entities, individual providers, and suppliers, 
     including a comparison of reimbursement for such health care 
     through other public programs and in the private sector;
       (B) barriers to accessing care under such contract health 
     services program, including, but not limited to, barriers 
     relating to travel distances, cultural differences, and 
     public and private sector reluctance to furnish care to 
     patients under such program;
       (C) the adequacy of existing Federal funding for health 
     care under such contract health services program; and
       (D) any other items determined appropriate by the 
     Comptroller General.
                                 ______
                                 
  SA 4080. Mr. DeMINT submitted an amendment intended to be proposed by 
him to the bill S. 1200, to amend the Indian Health Care Improvement 
Act to

[[Page 2316]]

revise and extend the Act; which was ordered to lie on the table; as 
follows:

       At the appropriate place, add the following:

     SEC. __. RECISSION AND TRANSFER OF FUNDS.

       (a) Recission of Certain Earmarks.--All of the amounts 
     appropriated by the Consolidated Appropriations Act, 2008 
     (Public Law 110-161) and the accompanying report for 
     congressional directed spending items for the City of 
     Berkeley, California, or entities located in such city are 
     hereby rescinded.
       (b) Transfer of Funds to Operation and Maintenance, Marine 
     Corps.--The amounts rescinded under subsection (a) shall be 
     transferred to the ``Operation and Maintenance, Marine 
     Corps'' account of the Department of Defense for fiscal year 
     2008 to be used for recruiting purposes.
       (c) Congressional Directed Spending Item Defined.--In this 
     section, the term ``congressional directed spending item'' 
     has the meaning given such term in paragraph 5(a) of rule 
     XLIV of the Standing Rules of the Senate.
                                 ______
                                 
  SA 4081. Mr. DURBIN submitted an amendment intended to be proposed to 
amendment SA 3899 proposed by Mr. Dorgan (for himself, Ms. Murkowski, 
Mr. Baucus, Mr. Kennedy, Mr. Smith, Mr. Nelson of Nebraska, and Mr. 
Salazar) to the bill S. 1200, to amend the Indian Health Care 
Improvement Act to revise and extend the Act; which was ordered to lie 
on the table; as follows:

       On page 397, after line 2, add the following:

     SEC. 213. EXTENSION OF PROHIBITION ON MEDICAID PUBLIC 
                   PROVIDER AND GRADUATE MEDICAL EDUCATION RULES.

       Section 7002(a)(1) of the U.S. Troop Readiness, Veterans' 
     Care, Katrina Recovery, and Iraq Accountability 
     Appropriations Act of 2007 (Public Law 110-28) is amended in 
     the matter preceding subparagraph (A) by striking ``1 year'' 
     and inserting ``2 years''.
                                 ______
                                 
  SA 4082. Mr. DORGAN (for himself and Ms. Murkowski) proposed an 
amendment to amendment SA 3899 proposed by Mr. Dorgan (for himself, Ms. 
Murkowski, Mr. Baucus, Mr. Kennedy, Mr. Smith, Mr. Nelson of Nebraska, 
and Mr. Salazar) to the bill S. 1200, to amend the Indian Health Care 
Improvement Act to revise and extend the Act; as follows:

       On page 139, strike lines 5 through 9 and insert the 
     following:

       ``(III) may include such health care facilities, and such 
     renovation or expansion needs of any health care facility, as 
     the Service may identify; and

       On page 143, strike lines 15 through 17 and insert the 
     following:

     wellness centers, and staff quarters, and the renovation and 
     expan-

       On page 145, line 13, insert ``and'' after the semicolon.
       On page 145, line 16, strike ``; and'' and insert a period.
       On page 145, strike lines 17 and 18.
       On page 146, line 9, strike ``hostels and''.
       On page 147, strike lines 15 through 21 and insert the 
     following:
       ``(e) Funding Condition.--All funds appropriated under the 
     Act of November 2, 1921 (25 U.S.C. 13) (commonly known as the 
     `Snyder Act'), for the planning, design, construction, or 
     renovation of health facilities for the benefit of 1 or more 
     Indian Tribes shall be subject to the provisions of section 
     102 of the Indian Self-Determination and Education Assistance 
     Act (25 U.S.C. 450f) or sections 504 and 505 of that Act (25 
     U.S.C. 458aaa-3, 458aaa-4).
       Beginning on page 159, strike line 12 and all that follows 
     through page 161, line 16, and insert the following:

     ``SEC. 303. PREFERENCE TO INDIANS AND INDIAN FIRMS.

       ``(a) Discretionary Authority; Covered Activities.--The 
     Secretary, acting through the Service, may utilize the 
     negotiating authority of section 23 of the Act of June 25, 
     1910 (25 U.S.C. 47), to give preference to any Indian or any 
     enterprise, partnership, corporation, or other type of 
     business organization owned and controlled by an Indian or 
     Indians including former or currently federally recognized 
     Indian Tribes in the State of New York (hereinafter referred 
     to as an `Indian firm') in the construction and renovation of 
     Service facilities pursuant to section 301 and in the 
     construction of safe water and sanitary waste disposal 
     facilities pursuant to section 302. Such preference may be 
     accorded by the Secretary unless the Secretary finds, 
     pursuant to rules and regulations promulgated by the 
     Secretary, that the project or function to be contracted for 
     will not be satisfactory or that the project or function 
     cannot be properly completed or maintained under the proposed 
     contract. The Secretary, in arriving at such a finding, shall 
     consider whether the Indian or Indian firm will be deficient 
     with respect to--
       ``(1) ownership and control by Indians;
       ``(2) equipment;
       ``(3) bookkeeping and accounting procedures;
       ``(4) substantive knowledge of the project or function to 
     be contracted for;
       ``(5) adequately trained personnel; or
       ``(6) other necessary components of contract performance.
       ``(b) Pay Rates.--For the purpose of implementing the 
     provisions of this title, the Secretary shall assure that the 
     rates of pay for personnel engaged in the construction or 
     renovation of facilities constructed or renovated in whole or 
     in part by funds made available pursuant to this title are 
     not less than the prevailing local wage rates for similar 
     work as determined in accordance with sections 3141 through 
     3144, 3146, and 3147 of title 40, United States Code.
       On page 176, strike lines 12 through 15 and insert the 
     following:
       ``(3) staff quarters; and
       ``(4) specialized care facilities, such as behavioral 
     health and elder care facilities.
       On page 196, line 15, insert ``, including programs to 
     provide outreach and enrollment through video, electronic 
     delivery methods, or telecommunication devices that allow 
     real-time or time-delayed communication between individual 
     Indians and the benefit program,'' after ``trust lands''.
       On page 269, strike line 18 and insert the following:
       ``(d) Allocation of Certain Funds.--Twenty per-
       On page 336, between lines 2 and 3, insert the following:

     ``SEC. 8__. TRIBAL HEALTH PROGRAM OPTION FOR COST SHARING.

       ``(a) In General.--Nothing in this Act limits the ability 
     of a Tribal Health Program operating any health program, 
     service, function, activity, or facility funded, in whole or 
     part, by the Service through, or provided for in, a compact 
     with the Service pursuant to title V of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 458aaa 
     et seq.) to charge an Indian for services provided by the 
     Tribal Health Program.
       ``(b) Service.--Nothing in this Act authorizes the 
     Service--
       ``(1) to charge an Indian for services; or
       ``(2) to require any Tribal Health Program to charge an 
     Indian for services.
       On page 347, after line 24, add the following:

     SEC. 104. MODIFICATION OF TERM.

       (a) In General.--Except as provided in subsection (b), the 
     Indian Health Care Improvement Act (as amended by section 
     101) and each provision of the Social Security Act amended by 
     title II are amended (as applicable)--
       (1) by striking ``Urban Indian Organizations'' each place 
     it appears and inserting ``urban Indian organizations'';
       (2) by striking ``Urban Indian Organization'' each place it 
     appears and inserting ``urban Indian organization'';
       (3) by striking ``Urban Indians'' each place it appears and 
     inserting ``urban Indians'';
       (4) by striking ``Urban Indian'' each place it appears and 
     inserting ``urban Indian'';
       (5) by striking ``Urban Centers'' each place it appears and 
     inserting ``urban centers''; and
       (6) by striking ``Urban Center'' each place it appears and 
     inserting ``urban center''.
       (b) Exception.--The amendments made by subsection (a) shall 
     not apply with respect to--
       (1) the matter preceding paragraph (1) of section 510 of 
     the Indian Health Care Improvement Act (as amended by section 
     101); and
       (2) ``Urban Indian'' the first place it appears in section 
     513(a) of the Indian Health Care Improvement Act (as amended 
     by section 101).
       (c) Modification of Definition.--Section 4 of the Indian 
     Health Care Improvement Act (as amended by section 101) is 
     amended by striking paragraph (27) and inserting the 
     following:
       ``(27) The term `urban Indian' means any individual who 
     resides in an urban center and who meets 1 or more of the 4 
     criteria in subparagraphs (A) through (D) of paragraph 
     (12).''.
       Beginning on page 358, strike line 23 and all that follows 
     through page 360, line 11, and insert the following:
       (d) Satisfaction of Medicaid Documentation Requirements.--
     Section 1903(x)(3)(B) of the Social Security Act (42 U.S.C. 
     1396b(x)(3)(B)) is amended--
       (1) by redesignating clause (v) as clause (vii); and
       (2) by inserting after clause (iv), the following new 
     clauses:
       ``(v) Except as provided in clause (vi), a document issued 
     by a federally recognized Indian tribe evidencing membership 
     or enrollment in, or affiliation with, such tribe (such as a 
     tribal enrollment card or certificate of degree of Indian 
     blood).
       ``(vi)(I) With respect to those federally recognized Indian 
     tribes located within States having an international border 
     whose membership includes individuals who are not citizens of 
     the United States documentation (including tribal 
     documentation, if appropriate) that the Secretary determines 
     to be satisfactory documentary evidence of United States 
     citizenship or nationality under the regulations adopted 
     pursuant to subclause (II).
       ``(II) Not later than 90 days after the date of enactment 
     of this subclause, the Secretary, in consultation with the 
     tribes referred to in subclause (I), shall promulgate

[[Page 2317]]

     interim final regulations specifying the forms of 
     documentation (including tribal documentation, if 
     appropriate) deemed to be satisfactory evidence of the United 
     States citizenship or nationality of a member of any such 
     Indian tribe for purposes of satisfying the requirements of 
     this subsection.
       ``(III) During the period that begins on the date of 
     enactment of this clause and ends on the effective date of 
     the interim final regulations promulgated under subclause 
     (II), a document issued by a federally recognized Indian 
     tribe referred to in subclause (I) evidencing membership or 
     enrollment in, or affiliation with, such tribe (such as a 
     tribal enrollment card or certificate of degree of Indian 
     blood) accompanied by a signed attestation that the 
     individual is a citizen of the United States and a 
     certification by the appropriate officer or agent of the 
     Indian tribe that the membership or other records maintained 
     by the Indian tribe indicate that the individual was born in 
     the United States is deemed to be a document described in 
     this subparagraph for purposes of satisfying the requirements 
     of this subsection.''.
       On page 360, strike lines 21 and 22.
       Beginning on page 361, strike line 19 and all that follows 
     through page 362, line 4, and insert the following:
       ``(1) No cost sharing for indians furnished items or 
     services directly by or through indian health programs.--
       ``(A) No enrollment fees, premiums, or copayments.--
       ``(i) In general.--No enrollment fee, premium, or similar 
     charge, and no deduction, copayment, cost sharing, or similar 
     charge shall be imposed against an Indian who is furnished an 
     item or service directly by the Indian Health Service, an 
     Indian Tribe, a Tribal Organization, or an urban Indian 
     organization, or by a health care provider through referral 
     under the contract health service for which payment may be 
     made under this title.
       ``(ii) Exception.--Clause (i) shall not apply to an 
     individual only eligible for the programs or services under 
     sections 102 and 103 or title V of the Indian Health Care 
     Improvement Act.
                                 ______
                                 
  SA 4083. Mr. BINGAMAN (for himself and Mr. Thune) submitted an 
amendment intended to be proposed by him to the bill S. 1200, to amend 
the Indian Health Care Improvement Act to revise and extend the Act; 
which was ordered to lie on the table; as follows:

       At the end of title I, add the following:

     SEC. ___. GAO STUDY AND REPORT ON PAYMENTS FOR CONTRACT 
                   HEALTH SERVICES.

       (a) Study.--
       (1) In general.--The Comptroller General of the United 
     States (in this section referred to as the ``Comptroller 
     General'') shall conduct a study on the utilization of health 
     care furnished by health care providers under the contract 
     health services program funded by the Indian Health Service 
     and operated by the Indian Health Service, an Indian Tribe, 
     or a Tribal Organization (as those terms are defined in 
     section 4 of the Indian Health Care Improvement Act).
       (2) Analysis.--The study conducted under paragraph (1) 
     shall include an analysis of--
       (A) the amounts reimbursed under the contract health 
     services program described in paragraph (1) for health care 
     furnished by entities, individual providers, and suppliers, 
     including a comparison of reimbursement for such health care 
     through other public programs and in the private sector;
       (B) barriers to accessing care under such contract health 
     services program, including, but not limited to, barriers 
     relating to travel distances, cultural differences, and 
     public and private sector reluctance to furnish care to 
     patients under such program;
       (C) the adequacy of existing Federal funding for health 
     care under such contract health services program; and
       (D) any other items determined appropriate by the 
     Comptroller General.
       (b) Report.--Not later than 18 months after the date of 
     enactment of this Act, the Comptroller General shall submit 
     to Congress a report on the study conducted under subsection 
     (a), together with recommendations regarding--
       (1) the appropriate level of Federal funding that should be 
     established for health care under the contract health 
     services program described in subsection (a)(1); and
       (2) how to most efficiently utilize such funding.
       (c) Consultation.--In conducting the study under subsection 
     (a) and preparing the report under subsection (b), the 
     Comptroller General shall consult with the Indian Health 
     Service, Indian Tribes, and Tribal Organizations.
                                 ______
                                 
  SA 4084. Mr. REID (for Mr. Biden) proposed an amendment to the 
resolution 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; as follows:

       On page 2, strike ``the Republic of Korea is the United 
     States seventh largest training partner and the United States 
     is the third largest trading partner of the Republic of 
     Korea, with nearly $80,000,000,000 in goods and services 
     passing between the 2 countries each year'' and insert ``the 
     economic relationship between the United States and the 
     Republic of Korea is deep and growing and has been mutually 
     beneficial to both countries''.

                          ____________________