Floor Statements

Mr. President, the one thing both of these Senators did not mention is the wonderful work they have done. The chairman and ranking member of the Indian Affairs Committee were able to reach out to Members on both sides of the aisle. This is truly a bipartisan piece of legislation. Is it everything we wanted? Is it everything they wanted? No. But it is a good piece of legislation. For the Indians around America today, it is a really bright day. So I appreciate the good work of Senators Dorgan and Murkowski, who have done very good work.

Mr. President, I am happy to yield to my friend.

Mr. President, I ask unanimous consent that notwithstanding the previous order, the Senate recess from 12:30 to 2:25 p.m. for the weekly caucus lunches; that at 2:25 p.m. the Senate begin the 20 minutes of debate prior to a vote on the motion to invoke cloture on the motion to proceed to S. 2633 as provided under the previous order, with all other provisions of the previous order remaining in effect; further, that if cloture is not invoked, the next rollcall vote on the motion to invoke cloture on the motion to proceed to S. 2634 occur at 4 p.m, with the Senate in a period of morning business until 4 p.m., with the time equally divided and Senators permitted to speak up to 10 minutes each.

So, Mr. President, because of problems that sometimes come here with scheduling, we are going to bifurcate, but it will only be for about 50 minutes. We will have about 50 minutes of morning business until the vote at 4 o'clock. I appreciate everyone's cooperation.

Mr. President, the Senate has taken an important step today by passing S. 1200, the Indian Health Care Improvement Act Amendments of 2007.

I am now pleased to join the other 30 cosponsors of this legislation in sending it to the House for their consideration.

When signed into law, this legislation will:

increase and improve recruitment and retention programs for

Indian health professionals;

improve communicable and infectious disease monitoring and

provide for more research on issues unique to those living on

reservations;

improve and expand diabetes screening and treatment

programs;

expand programs to prevent domestic violence, sexual abuse,

and substance abuse, in Native American communities;

incorporate and encourage the use of technology in

delivering health care services and

providing treatment, which is so important to our rural

Indian communities;

and encourage States to increase outreach to Indians to

help them to enroll in Medicaid and SCHIP programs.

This legislation is supported by a broad, bipartisan coalition, those in Indian Country, and many organizations that advocate for eliminating disparities in health care.

I would like to take this opportunity to acknowledge the support and leadership of particular Senators and their staffs.

The bill managers have been strong and articulate advocates for the bill, and shown great flexibility.

I commend Senator Dorgan and his staff, particularly Allison Binney, Cindy Darcy, Heidi Frechette and Ben Klein.

I commend Senator Murkowski and her staff, including David Mullon and Nathan Bergerbest.

I commend Senator Baucus, and his staff, particularly David Schwartz and Richard Litsey; and Senator Grassley and his staff, including Rodney Whitlock, who have insisted on improvements in the administration of Indian health programs.

I commend Senator Kennedy and his staff, particularly Caya Lewis, and Senator Mike Enzi and his staff, including Randi Reid, Shana Christrup, Greg Dean and Amy Shank, who helped us negotiate many difficult issues.

On my staff and part of the Democratic leadership team, I commend Kate Leone, Carolyn Gluck; Kory Vargas Caro, Elizabeth Engel, and Ryan Mulvenon.

I want to say a special word of thanks to Tracy Hartzler-Toon, who has worked tirelessly for over a year to help make today possible.

She has served me, the Indian Affairs Committee, and the Senate very well. And most importantly, she has served the residents of Indian Country exceedingly well.

I also thank my colleagues, the Republican leader, Senator McConnell, and his health policy advisor, Megan Hauck, and Senator Jon Kyl, and particularly Jennifer Romans, for their agreement and commitment to see that this bill finally received its due consideration.

Lastly, I want to acknowledge the support of the late Senator Craig Thomas of Wyoming. Before he passed away last year, his leadership on the Indian Affairs Committee was helpful in bringing the Senate to this moment.

With the help of so many, both in the Capitol and around the country, we have taken an important step toward providing Indian Country some of the health care services that many in the rest of this Nation have enjoyed for years.

I urge the House to take quick action on H.R. 1328, the companion bill to what we passed today, so we can get this important legislation to the President's desk and make these services a reality.

Mr. President, I suggest the absence of a quorum.

Mr. President, I will use my leader time and ask unanimous consent that the vote not occur at 2:45.

Mr. President, during the recess we had, I was in Nevada. People all across the State of Nevada, just like people all across this country, are committed to ending the war in Iraq.

These are the facts. We need to end the worst foreign policy blunder in our Nation's history, which started with the invasion of Iraq. What has 5 years of war brought to America, to the Middle East, to the world? It has brought thousands of deaths, almost a trillion dollars in debt, catastrophic failure of diplomacy. What has 5 years of war brought to America, to the Middle East, and the world? Debt, depression, and death.

My Republican colleagues, think what this war has done to our Nation's fiscal soundness. It has destroyed it. In less than a year borrowed money for Iraq will be $1 trillion--soon $1 trillion of borrowed money, with the likely Republican nominee for President saying we may need to be in Iraq for another 100 years. We are nearing the tragic milestone of 4,000 dead Americans, more than 30,000 wounded Americans, many gravely wounded, amputations, blindness, hearing loss, untold thousands with head trauma, making life after the war most difficult. This week brings news from the Pentagon that there will be 140,000 American troops in Iraq still in July, 8,000 more than when the surge began in January of 2007.

In Iraq a civil war rages, with the past 2 days bringing us the news of Sunni attacks on Shias while the Shias observe a religious holiday, attacks that killed at least threescore, wounded more than 100. And, of course, the Shias will reciprocate; and just in an off place that you have to search hard in the newspaper, three more dead American soldiers. These are the facts.

In Israel we find the Bush administration has been too preoccupied to be concerned with the volatility of the Palestinian-Israeli situation. Now we have a raging civil war in the Palestinian territory, Hamas versus Fatah. A government can't be formed in Lebanon where some say is also a civil war. Iran is thumbing its nose at us and the world community. Torture, Abu Ghraib, Guantanamo, warrantless spying on American citizens--all as a result of this misplaced war. These are the facts.

In an op-ed published in today's Washington Post, three noted writers and foreign policy experts said this:

Republicans will claim that after four years of disastrous

mistakes, the Bush administration finally got it right with

its troop ``surge.'' Yet despite the loss of nearly 1,000

American lives and the expenditure of $150 billion, the surge

has failed in its stated purpose: providing the Iraqi

government with the breathing space to pass the 18

legislative benchmarks the Bush administration called vital

to political reconciliation.

To date it has passed only four.

And some say the four passed are for show; they have no substance.

Moreover, as part of the surge, the administration has

further undermined Iraq's government by providing arms and

money to Sunni insurgent groups even though they have not

pledged loyalty to Baghdad.

My high school pal, my buddy, I named one of my boys after him, he named one of his boys after me. I am proud of my namesake. He is a heroic helicopter pilot, having served a very difficult tour in Afghanistan and now Iraq. We exchanged regular e-mails during his time overseas. These e-mails were wonderful. Before going to Iraq, we had the opportunity to meet in Las Vegas for dinner. He was on his way. It was a nice dinner. He proudly told me of his war stories, stories of real-life valor. Now the e-mails have stopped. I had the good fortune of meeting my friend at my home in Searchlight last week, last Monday, a week ago yesterday.

I said: Why don't I get e-mails anymore. His dad told me that his son said: They need to get us out of here. He wants to come home with the rest of our gallant, even heroic troops. These are the facts.

The mission has not been accomplished. We have not been met as liberators. After 5 years of war, we are still an occupying force. Iraq, with untold wealth because of its oil supply, must take care of its own citizens. Americans need to start taking care of Americans. We cannot spend a half billion dollars every day in Iraq. These are the facts.

We will soon vote on two amendments that will begin to change course in the bloody Iraq civil war. Our first vote is on a bill to responsibly begin to redeploy our troops so we can refocus on other threats and challenges around the world. Do we have them? General Casey testified today in a building a short distance from here that the Army is in a state of distress. We heard on the media this morning about what is going on in the Pacific. The admiral in charge there doesn't have the necessary force to do even intelligence. It has been shipped to Iraq.

We need to begin to redeploy our troops. That is what this amendment is about. We can refocus on other threats and challenges, and there are many, and limit the troops to counterterrorism, force training, and protecting our assets.

The other bill we will vote on later is also extremely important. It calls for a report from the administration on the status of the fight against al-Qaida, the fight against terrorism. As the war in Iraq rages, bin Laden remains free, and his terrorist network is gaining power worldwide. This legislation will shine the spotlight on this unmet challenge of fighting terrorism and keeping America safe--today, tomorrow, and beyond.

I urge my colleagues to seek common ground toward a new American foreign policy that strengthens our security, supports our troops, and begins to restore our Nation's ability to once again lead in the way we have in generations past.

cloture motion

Mr. President, I ask unanimous consent that there be 2 hours of postcloture debate prior to the motion to proceed being agreed to, with the time equally divided and controlled between the two leaders or their designees; further, that upon disposition of this legislation, S. 2633, the Senate then proceed to a cloture vote with respect to S. 2634.

Mr. President, I am satisfied that we got cloture on the motion to proceed to this important legislation, and I appreciate the bipartisan vote in this regard. Usually, however, when we get cloture on a motion to proceed, it means Senators are prepared to actually begin consideration of that legislation. However, I have asked consent that we do just that. My minority colleagues have objected.

The only conclusion a reasonable person could have is that they are resorting to a new variation of the old theme. Remember, in 1 year-- last year--the Republican minority broke all rules in filibusters. In 1 year, we had to file cloture 68 different times. So it is obvious this is only an effort to stall, as they have done for the entire time we have been in the majority.

Now, we are happy to legislate regarding Iraq, but it is obvious to me what the game plan is. They want us to slow the Senate down from getting things done. It is interesting to note that when the 30 hours is up, we will automatically go to cloture on the piece of legislation that calls for a reporting requirement on the global war on terror. From the statements made by the distinguished Republican leader, they don't like that. So it would seem to me it is very clear that they are going to do everything they can to stop us from getting to the housing legislation, which the American people badly need. I think it is important that we do the housing legislation and that we do consumer product safety. Of course, we are going to do the budget resolution. It is obvious the Republican minority is in their usual stalling tactic.

Now, we have a few people who can speak, too, during these 30 hours, but what we should be doing is legislating on this most important legislation. Remember, the Iraq war is within a matter of days going to be starting the sixth year--the sixth year of this war. It has been reported that in less than a year, this war will cost the American taxpayer $1 trillion. Remember, Lindsey was fired because he said it would cost $100 billion. He was fired. Well, he was a little off.

We know that in a matter of a few days we are going to have a milestone, a tragic milestone. There will be 4,000 dead Americans. Our troops have fought valiantly. We all acknowledge that. But as I indicated in my statement earlier today, they want to come home. Wherever you go, that is what they tell you. The parents tell you that. The troops tell you that. A Capitol policeman came home. He has been over there for almost a year. I talked to him yesterday: When are you going back?

He said: In 2 weeks.

How has it been, Jim?

He said: It has been pretty tough.

He is a different person than he was, having been through what he has been through.

So if the Republicans want to talk about Iraq, we are happy to talk about Iraq and about how this money we have borrowed and continue to borrow--$1 trillion--is preventing us--I met with the Governors yesterday, the Democratic Governors. They know what they are not doing in their States because they have no money, whether it is infrastructure, the deterioration of roads, bridges, and dams or whether it is health care. They can't take care of some of the basic needs of the people from their States, and they know it is because of this war.

The President doesn't like to borrow money, except for this war. There is a carte blanche: Borrow as much as you need. This war is costing us now about a half a billion dollars a day--a day. So isn't it good that the American people are hearing us talk about this?

As I indicated in an earlier statement I made a few minutes ago, let's not start boasting about the surge. During the surge, we have lost about 1,000 American troops--1,000 American troops. We are glad the violence is down, but that is all a matter of degree. The Shia religious holiday they are trying to finish, in 2 days, more than 60 killed, more than 100 wounded, and this is Sunni on Shia, and you can bet whatever you have to bet, the Shias will be back to inflict equal damage against the Sunnis, and the Sunnis, to whom we have paid huge amounts of money, have not even declared loyalty to the Baghdad Government.

So we are happy to talk about Iraq. It is obvious the Republicans are doing everything they can to stop us from going forward on legislation, something dealing with the economy, of course. What would have been the right thing to do, if they were sincere about moving forward, a motion to proceed. I want everyone who is within the sound of my voice to understand that motions to proceed are routine. No one made us go forward on motions to proceed, until this Republican minority showed up, and then on virtually everything, they are doing the slow walk on everything--everything. If they

were legitimate and genuine about what they want to do, we would be on this piece of legislation that has been introduced and we would be talking about the merits of it. But, no, that can't start.

Understand that at the end of 30 hours, automatically we have a vote on the next cloture that has been filed because everything we do around here, we have to file cloture on a motion to proceed because of the big stalls taking place. So we are ready to talk as long as people want to talk on this issue. We have Democratic Senators who want to talk about this because they know what this war has done to what is taking place in our States, as indicated by the Governors whom I met with yesterday.

Mr. President, I am happy to yield to my friend from Illinois in a minute.

We are happy to debate the Iraq issue. We have always been happy to do it. Thirty-five times we have, and that is 35 times more than when the Republicans were in the majority. The war went on for years with no oversight, none whatsoever. We have at least demanded that, and I think it is important we have done that.

I would also ask my Republican colleagues, why don't they ever talk about the costs of this war? The costs in life, bodily injury, and money--money that is keeping this country from taking care of its own?

Mr. President, will my colleague yield for a brief statement?

Mr. President, I just finished a conversation with the Republican leader. We have decided it is to the interest of everyone we have no more votes tonight, so everyone should understand that. We will be out tomorrow to decide what we are going to do after Senator McConnell and I have a chance to get together in the morning.

No more votes tonight.

Mr. President, S. Res. 460 concerns a civil action filed in the U.S. District Court for the District of Columbia. The National Association of Manufacturers is challenging the constitutionality of section 207 of the Honest Leadership and Open Government Act of 2007, which amended the Lobbying Disclosure Act of 1995 to strengthen the reporting requirements for coalitions and associations that engage in lobbying activities.

As amended, the law mandates that registrants disclose the members of their organization that contribute more than $5,000 in a quarterly period to the lobbying activities of the organization and ``actively participate in the planning, supervision, or control of such activities.'' Under prior law, disclosure was required of those members who contributed at least $10,000 for lobbying semiannually but only if those members ``in whole or in major part'' planned, supervised, or controlled such lobbying activities.

The plaintiff National Association of Manufacturers alleges that its members face sustained injury to their first amendment rights, including their right to anonymous policy speech, and seeks to prevent the enhanced disclosure requirements from taking effect

on the initial quarterly period filing date, April 21, 2008.

NAM named as defendants the U.S. attorney for the District of Columbia, the Secretary of the Senate, and the Clerk of the House. The Secretary and the Clerk are responsible for providing guidance and assistance on lobbying disclosure requirements, receiving lobbying registration and report filings, reviewing, inquiring, and verifying the accuracy of the filings without investigating, notifying lobbyists that appear not to be in compliance with the law, and notifying the U.S. attorney of lobbyist who have been so notified and have failed to submit an appropriate response. The U.S. attorney has the duty to enforce the disclosure requirements through civil, and, under the new law, criminal, actions.

This resolution authorizes the Senate legal counsel to represent the Secretary of the Senate to defend the constitutionality of the lobbying disclosure amendment in the Honest Leadership and Open Government Act and to seek dismissal of the action, in conjunction with counsel for the House of Representatives and the Department of Justice.

Senate counsel will present to the court the bases for the Congress's judgment, after more than a dozen years of experience under the Lobbying Disclosure Act, that enhanced reporting requirements are necessary to inform Congress and the public of the identity of those organizations actively participating in lobbying the Federal Government. As Justice Louis Brandeis famously wrote, ``Sunlight is said to be the best of disinfectants.''

The lobbying amendments enacted last year were an important part of the Congress's efforts to restore public confidence through integrity and openness in Government and lobbying activities. Disclosure of the identities of organizations that actively participate in supervising or planning lobbying campaigns will yield a sizable public benefit while imposing a modest burden on the exercise of the right of organizations such as the National Association of Manufacturers freely to associate to petition the Government in furtherance of their legislative agenda.

Mr. President, I rise today to recognize Denise Ann Phoenix, a role model, native Nevadan, and hero. Ms. Phoenix, known by her nickname ``Auntie,'' devoted her life to improving her Native American community and promoting child safety. Following in the footsteps of her father, Leroy Phoenix, Sr., she pursued a career in law enforcement and became one of few women to serve as an investigator with the Bureau of Indian Affairs. She died in the line of duty on February 14, 2008, after coming into contact with an unidentified substance and contracting a fatal lung disease. She was 42 years old.

Ms. Phoenix grew up on the Pyramid Lake Paiute Reservation in northern Nevada. After graduating from Sparks High School, she began her career as a tribal ranger on the reservation and later became BIA chief of police of Carson City, NV. She emphasized the importance of community-oriented policing and her service was exemplary. She will continue to be an inspirational example to young Native American women.

The dedication Ms. Phoenix demonstrated as an officer was complemented by her dedication to children. In 2000, she lost her own children, Shasta and Justin, along with her brother Ronald, to a car accident along the Pyramid Highway in Sparks, NV. In response to this devastating tragedy, she established youth outreach programs in her children's memory. She was also instrumental in getting a median divider installed on the stretch of road where the accident occurred, once again showing her profound commitment to the safety of others.

Though I am saddened by her passing, I share with this body my gratitude for her devotion to her community. I also extend to her family, friends, and colleagues my condolences.

Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.

Mr. President, I ask unanimous consent that the previous order with respect to H.R. 1328 be vitiated and that the Senate vote on passage of S. 1200, as amended; further, that any order that would have occurred on passage of H.R. 1328 now be effective on passage of S. 1200, and that all other provisions of previous orders remain in effect.

Mr. President, today we have heard the Farewell Address of General Washington.

Today we will debate the remaining pending amendments to the Indian Health Care Improvement Act. At 5:30 this evening, we will have a cloture vote on the substitute amendment and votes in relation to two of the pending germane amendments by Senator DeMint.

Mr. President, in the month since this year's congressional session has opened, we have had the ability to focus on some of the domestic priorities our country faces.

Today we turn to the Indian Health Care Improvement Act. Although we often have legitimate disagreements on matters of policy, Senator McConnell and members of the Republican Caucus have worked with us in a bipartisan manner on what we believe is a critical piece of legislation that does so much for the Native American community. I appreciate their efforts.

Chairman Dorgan and Senator Murkowski deserve our thanks for their leadership and hard work in managing this legislation.

Chairman Baucus and Senator Grassley followed suit, working on a bipartisan basis on provisions to improve the way by which the Indian health care system and tribal recipients can participate more fully in Social Security and the benefits that relate to health in Social Security. Senators Kennedy, Bingaman, Kyl, and Enzi spent years working on this legislation. Because of their efforts and those of countless tribal leaders and Federal agency staff, this is legislation that Democrats and Republicans can all support now.

A final word of praise is due to the tribal advocates who stood behind this cause from the beginning: The National Congress of American Indians, the National Indian Health Board, the National Council of Urban Indian Health, the Indian Health Board of Nevada, and other State tribal organizations which have played crucial roles in this legislation. I say with confidence that this bill reflects their priorities, their varied interests, and their solutions to the problems that plague the health care system upon which Native Americans rely.

I was glad to be an original cosponsor of this initiative. Over the past 8 years, my staff and I have had countless meetings with tribal leaders. Now tribal leaders are making clear how this legislation is needed all over the country. It is needed for 30,000 Native Americans living in Nevada and millions living throughout the United States.

Right now, our Native American communities have access to the least adequate health care in America. Far too many Native children are diagnosed with diabetes, suffer from abuse and neglect or die prematurely because of accidents or illness that could have been prevented or cured with basic health care. Far too many adult Indians get lost in a sea of bureaucracy and fail to receive preventive care and other health benefits they need and deserve. We can and must do better, and this legislative initiative will help Federal and tribal health professionals deliver quality care to Native Americans of all ages. It supports the recruitment and retention of doctors, nurses, pharmacists, and other health professionals for Indian health programs. It strengthens and expands health services to American Indians. For the first time, tribes will be allowed to use Federal funds to provide hospice, long-term care and home-based and community-based care for elders and the most vulnerable tribal members. It increases individual access to health services by facilitating third-party reimbursements from private insurance, Medicaid, Medicare, and other Federal health benefit programs. It expressly addresses behavioral health needs of adults and children by authorizing programs to address suicide, substance abuse, sexual abuse, and domestic violence programs affecting some communities and households. It furthers tribal self-determination sovereignty by authorizing consultation and rulemaking on important programs affecting health delivery and access.

Chairman Dorgan has often said America spends more on health care, per person, on Federal prisoners than on Native Americans. Senator Dorgan has said that many times. This bill is only part of the solution, but it is a critical first step. I urge all my colleagues to finish work and approve this bill in the same spirit of bipartisan cooperation it has seen from the beginning.

Millions of our first Americans await our action. Let's quickly pass this bill and send it to the President for his signature. We must let our country's Native Americans know they are not forgotten and that we will deliver them the care they have earned.

Mr. President, the only question is, I have not had a chance to confer with my distinguished Republican colleague, Senator McConnell. We will make a decision as to what time we should start in the morning. There is a lot of committee business

going on, and I want to visit with Senator McConnell first.

Mr. President, I very much thank my distinguished friend from the State of South Dakota who has, certainly, intimate knowledge of Native Americans. His State, I think, has one of the largest reservations in the country and one of the poorest all at the same time.

Mr. President, I ask unanimous consent that the Senate proceed to a period of morning business, with Senators allowed to speak for not more than 10 minutes each.

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Mr. President, pursuant to the order of February 14, I now move to proceed to Calendar No. 575, S. 2633, and I have a cloture motion at the desk.

Mr. President, I now withdraw the motion pursuant to the previous order.

Mr. President, pursuant to the order of February 14, I now move to proceed to Calendar No. 576, S. 2634, and I have a cloture motion at the desk.

Mr. President, I now withdraw the motion pursuant to the previous order.