Indian Health Care Improvement Act Amendments of 2007

Floor Speech

INDIAN HEALTH CARE IMPROVEMENT ACT AMENDMENTS OF 2007 -- (Senate - February 26, 2008)

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Mr. DORGAN. Mr. President, this is not a debate about whether Federal dollars should be used for abortion services. Current law already prohibits that. I oppose Federal funding for abortions, and I have supported the Hyde provision. But the Vitter amendment is completely unnecessary.

First of all, we have a provision in the underlying bill that relates to the Hyde provision that applies to all other appropriations bills. But I do want to say this: This is not a mainstream amendment that everybody is clear about. In fact, there is a provision in this amendment on page 2, section B. I don't know what it means, and I don't think Senator Vitter knows w hat it means. There have been no hearings, no discussion, yet onward through the fog on amendments like this.

The fact is, we ought to have a hearing, but there has been no hearing. I don't understand what section B means, nor does the author, I believe.

Having said all that, again, this is not a debate about whether Federal dollars should be used for abortion services. Current law already prohibits the use of Federal funds for abortion services, and the underlying bill contains a provision that relates to current law and continues the same policy.

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Mr. DORGAN. Well, Mr. President, the appropriate place for that kind of discussion would have been a congressional hearing. That is where you discuss what provisions mean and how they are written.

The provision reads: As to provide or pay any administrative cost of any health benefits coverage that includes coverage of an abortion.

I don't understand what that means with respect to facilities or other issues. There are a series of issues that relate to that. And that is not, incidentally, just codifying the Hyde amendment, as the Senator alleges. This provision doesn't exist with the Hyde amendment. This is something the Senator conceived of and added.

My point is, it ought to be the subject of a hearing. We don't disagree on the issue of Federal funding for abortion. We agree on that. But the Senator has mischaracterized his amendment.

Mr. VITTER. Reclaiming my remaining time, that was language I pointed out to the distinguished Senator 3 weeks ago when I introduced my amendment and we discussed it. So I think it is a little disingenuous to bring it up at this point.

Mr. DORGAN. And, Mr. President, he indicated when he pointed it out to me that this is why it was different than the Hyde amendment, which doesn't point to what he claims today.

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Mr. DORGAN. Mr. President, I share the frustration of the Senator from Oregon, but I must oppose the amendment. We have a backlog of $3 billion in facilities. If the Secretary chooses to establish what is an area distribution fund, moneys would be taken from the priority list. Many of the tribes on that list have waited a long time for funding for facilities. If the Secretary begins to take money from that priority list and does an area-wide distribution, it would be a serious problem. I want to work with the Senator from Oregon. We desperately need new and improved facilities. We need more money addressed to that. He is raising the right question. I happen to believe it is the wrong answer. I regretfully will vote against it.

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Mr. DORGAN. Mr. President, I wish to take a few minutes to talk about the vote we had earlier today on an amendment offered by Senator Vitter to the Indian Health Care Improvement Act. Senator Vitter described his amendment, which was adopted by the Senate, as codifying a longstanding policy that prohibits Federal funds from being used to pay for abortions.

I agree that Federal funding should not be used to pay for abortions. I have always supported the existing funding prohibition known as the Hyde amendment that has been added in the appropriations process every year since 1976.

That being said, I opposed Senator Vitter's amendment because the amendment would only codify the Hyde amendment with respect to the Indian Health Service. I think we should apply the same standard to all Federal health programs and not set up a separate standard that only applies in Indian Country.

Mr. DORGAN. Mr. President, the next vote will be a vote on final passage. I will take just 30 seconds.

I do want to say that Senator Murkowski has helped get us to this point in a very significant way. As to Senators BAUCUS, GRASSLEY, KENNEDY, ENZI, KYL--and especially Senator Reid, who allowed us to spend time on the floor on this bill--and the 31 cosponsors of the legislation, I thank all of them.

I thank Allison Binney, the majority staff director, and David Mull on, the minority staff director, and the really talented group of staff members who worked very hard on this legislation. I say a hearty thank-you to them.

Mr. President, I ask unanimous consent that a list of all their names be printed in the Record.

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Mr. DORGAN. It has been 8 years now that we should have advanced this legislation to improve Indian health care, and after 8 long years we finally have it done--at least through the Senate after this final passage vote. I say thanks to all of my colleagues for their patience and also their help.

I yield the floor to Senator Murkowski.

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Mr. DORGAN. Mr. President, I wish to say a few words about this vote, and then I am going to ask unanimous consent that Senator Murkowski be recognized, then Senator Enzi, Senator Feingold, and Senator Boxer. I believe Senator Enzi is going to ask for 10 minutes, Senator Feingold 20 minutes, and Senator Boxer 15 minutes. I ask by unanimous consent that be the order.

The ACTING PRESIDENT pro tempore. Without objection, it is so ordered.

Mr. DORGAN. Mr. President, I will take a couple of additional minutes to say how pleased and proud I am that we have passed by a very wide margin the first improvement in Indian health care since 1992. These, after all, are the first Americans. They were here first. We signed treaties with them, we took their land, we put them on reservations, made promises, and we have a trust responsibility. We said ``we promise.'' The fact is, we have not kept those promises for a long time, especially with respect to Indian health care.

Finally, at long last, this Congress--and thanks to Senator Reid and all the folks who allowed this to be on the floor of the Senate for the time that it was--we finally have made some progress, the first time since 1992 that we have reauthorized the Indian Health Care Improvement Act. This is a big deal. This will save lives. We have more steps to take. The House has a bill with which it has to deal. It will, and we will be in conference, and finally we will be able to have a bill before the President of the United States for his signature in this year.

I have spoken at length. I know people are tired of hearing me. The Presiding Officer is from Montana. He and I held a hearing on the Crow Indian Reservation in Montana. We heard an earful about Indian health. I have held listening sessions around the country in different States with Indian tribes. I cannot tell you the number of stories I have heard that had me going away from these meetings shaking my head wondering: What on Earth can we do to fix this situation? How much will it take for us to fix this situation?

I recall a grandmother on the Crow Reservation, MT, standing up with a beautiful picture of her 5-year-old granddaughter who had died. After essentially a rather lengthy story, she asked: How do you justify this, a young girl spending the last 3 months of her life in unmedicated pain because the health care system does not work for that young girl? The stories go on and on.

I am convinced we must do better, and I am determined and it was my priority when I became chairman of this committee to finish this job. I know Ben Nighthorse Campbell worked hard on it, and Senator McCain, when he was chairman of the committee, worked hard on it. Finally, Senator Murkowski and I made it a priority for this committee to say: We have to fix this situation. This is not some option. The promise of health care means if we do not keep this promise, people will die. I have named some of those people, some of them children.

We have to do better. An d this vote today, a very significant vote in the Senate, an overwhelming vote, 90 percent of the Senate saying we agree, let's fix it, that is something I think is going to be unbelievably welcome news to American Indians all across this country today. It has been a long time coming, 16 years, but finally--finally--we made progress, and I believe this progress will save lives.

Mr. President, I thank Senator Murkowski who has been an enormous partner in trying to get this bill completed. As I close, I will mention our staff director, Allison Binney, also Ted Charlton, Cindy Darcy, Heidi Frechette, John Harte, Tracy Hartzler-Toon, David Holland, Jerci Powell, Eamon Walsh, and Rollie Wilson on our side; and David Mullon, staff director on the minority side, Megan Alvanna-Stimpfle, Jim Hall, Rhonda Harjo, Gerald Moses, Jonathan Murphy, and so many others.

Those people I have named have worked a lot. They worked behind the scenes, long hours, late at night, and on weekends to help make this possible. I say a heartfelt thanks to them for their wonderful work.

I yield the floor.

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