January 12, 2009 CONGRESSIONAL RECORD — SENATE S315 

not take action unless Congress requires them to do so. This time, Congress needs to show it is serious about 

protecting passengers. 

By our actions, we can show the 

American people that we are on their 

side and are working to protect their 

interests. Never again, should a family 

be forced to sit on a tarmac for 10 

hours, deprived of the most basic of necessities. Canada was able to pass their 

passenger bill of rights legislation, so 

if Canada can do it, then there is no 

reason that Congress cannot do the 

same. By acting swiftly, and with resolve, we can take up and pass an FAA 

Reauthorization that includes the Passenger Bill of Rights, we can restore 

America’s trust in our airlines and 

guarantee them a standard of service 

we should all be entitled to. 

Mr. BINGAMAN (for himself, Mr. 

LEAHY, Mr. LIEBERMAN, and Mr. 

CARDIN): 

S. 214. A bill to amend title XXI of 

the Social Security Act to permit 

qualifying States to use their allotments under the State Children’s 

Health Insurance Program for any fiscal year for certain Medicaid expenditures; to the Committee on Finance. 

Mr. BINGAMAN. Mr. President, I rise 

with co-sponsors Senators LEAHY, 

LIEBERMAN, and CARDIN to introduce 

and ask your support for the Children’s 

Health Equity and Technical Amendment Act. 

Since the passage of the Children’s 

Health Insurance Program, or SCHIP, 

in 1997, a group of States that expanded 

coverage to children in Medicaid prior 

to the enactment of SCHIP has been 

unfairly penalized for that expansion. 

States are not allowed to use the enhanced matching rate available to 

other States for children at similar 

levels of poverty under the act. As a result, a child in the States of New York, 

Florida, and Pennsylvania, because 

they were grandfathered in the original 

act or in Iowa, Montana, or a number 

of other States at 134 percent of poverty is eligible for an enhanced matching rate in SCHIP but that has not 

been the case for States such as New 

Mexico, Vermont, Washington, Rhode 

Island, Hawaii, and a number of others, 

including Connecticut, Tennessee, Minnesota, New Hampshire, Wisconsin, and 

Maryland. 

As the health policy statement by 

the National Governors’ Association 

reads, ‘‘The Governors believe that it is 

critical that innovative states not be 

penalized for having expanded coverage 

to children before the enactment of 

SCHIP, which provides enhanced funding to meet these goals. To this end, 

the Governors support providing additional funding flexibility to states that 

had already significantly expanded 

coverage of the majority of uninsured 

children in their states.’’ 

For 6 years, our group of States has 

sought to have this inequity addressed. 

Early in 2003, I introduced the Children’s Health Equity Act of 2003 with 

Senators Jeffords, MURRAY, LEAHY, and 

Ms. CANTWELL and we worked successfully to get a compromise worked out 

for inclusion in S. 312 by Senators 

ROCKEFELLER and Chafee. This compromise extended expiring SCHIP allotments only for fiscal years 1998 

through 2001 in order to meet budgetary caps. 

The compromise allowed States to be 

able to use up to 20 percent of our 

State’s SCHIP allotments to pay for 

Medicaid eligible children at 150 percent of poverty that were part of our 

State’s expansions prior to the enactment of SCHIP. That language was 

maintained in conference and included 

in H.R. 2854 that was signed by the 

President as Public Law 108–74. Unfortunately, a slight change was made in 

the conference language that excluded 

New Mexico and Hawaii, Maryland, and 

Rhode Island and needed specific 

changes so an additional bill was 

passed, H.R. 3288, and signed into law 

as Public Law 108–107, on November 17, 

2003. This second bill included language 

from legislation that I introduced with 

Senator Domenici, S. 1547, to address 

the problem caused to New Mexico by 

the conference committee’s change. 

Unfortunately, one major problem with 

the compromise was that it must be periodically reauthorized. Most recently, 

this authority was renewed through 

fiscal year 2007 in Section 201(b) of the 

National Institutes of Health Reform 

Act of 2006, Pub. L. No. 109–482. Without future authority, the inequity 

would continue with SCHIP allotments. 

This legislation would address that 

problem and ensure that all future allotments give these 11 States the flexibility to use our SCHIP allotments to 

pay for health care services of children. 

In order to bring these requirements 

in-line with those of other States, it 

would also lower the threshold at 

which New Mexico and other effected 

States could utilize the funds from 150 

percent of the Federal poverty level to 

125 percent. 

There is strong bipartisan support for 

addressing this inequity. Legislation 

was introduced in the 110th Congress in 

both H.R. 3584 by Republican Representative BARTON, and 141 co-sponsors, and S. 2086 by Senator Trent Lott 

and other Republican leadership to expand the category of children eligible 

through this correction to 133 percent 

of the Federal poverty level. 

This rather technical issue has real 

and negative consequences in States 

such as New Mexico. In fact, due to the 

SCHIP inequity, New Mexico has been 

allocated $266 million from SCHIP between fiscal years 1998 and 2002, and 

yet, has only been able to spend slightly over $26 million as of the end of last 

fiscal year. In other words, New Mexico 

has been allowed to spend less than 10 

percent of its Federal SCHIP allocations. 

This legislation would correct this 

problem. 

The bill does not take money from 

other States’ SCHIP allotments. It 

simply allows our States to spend our 

States’ specific SCHIP allotments from 

the Federal Government on our uninsured children—just as other States 

across the country are doing. 

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

in the RECORD. 

There being no objection, the text of 

the bill was ordered to be printed in 

the RECORD, as follows: 

S. 214 

Be it enacted by the Senate and House of Representatives of the United States of America in 

Congress assembled, 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Children’s 

Health Equity Technical Amendments Act of 

2009’’. 

SEC. 2. AUTHORITY FOR QUALIFYING STATES TO 

USE CHIP ALLOTMENT FOR ANY FISCAL YEAR FOR CERTAIN MEDICAID 

EXPENDITURES. 

(a) ELIMINATION OF FISCAL YEAR AND PERCENTAGE LIMITATIONS.— 

(1) IN GENERAL.—Section 2105(g)(1)(A) of 

the Social Security Act (42 U.S.C. 

1397ee(g)(1)(A)), as amended by section 

201(b)(1) of the Medicare, Medicaid, and 

SCHIP Extension Act of 2007 (Public Law 

110–173), is amended by striking ‘‘not more 

than 20 percent of any allotment under section 2104 for fiscal year 1998, 1999, 2000, 2001, 

2004, 2005, 2006, 2007, 2008, or 2009’’ and inserting ‘‘a fiscal year allotment under section 

2104’’. 

(2) CONFORMING AMENDMENT.—Effective as 

if included in the enactment of section 201(b) 

of the Medicare, Medicaid, and SCHIP Extension Act of 2007 (Public Law 110–173), paragraph (2) of that section is repealed. 

(b) MODIFICATION OF ALLOWABLE EXPENDITURES.—Section 2105(g)(1)(B)(ii) of such Act 

(42 U.S.C. 1397ee(g)(1)(B)(ii)) is amended by 

striking ‘‘150’’ and inserting ‘‘125’’. 

(c) EFFECTIVE DATE.—The amendments 

made by this section shall take effect on October 1, 2008, and shall apply to expenditures 

made on or after that date. 

f 

SUBMITTED RESOLUTIONS 

SENATE RESOLUTION 12—TO 

AMEND THE STANDING RULES 

OF THE SENATE TO PROHIBIT 

FILLING THE TREE 

Mr. SPECTER (for himself, Mr. 

COBURN, and Mr. ALEXANDER) submitted the following resolution; which 

was referred to the Committee on 

Rules and Administration: 

S. RES. 12 

Resolved, That (a) rule XV of the Standing 

Rules of the Senate is amended by adding at 

the end the following: 

‘‘6. Notwithstanding action on a first degree amendment, it shall not be in order for 

a Senator to offer a second degree amendment to his or her own first degree amendment.’’. 

(b) The amendment made by subsection (a) 

shall take effect at the beginning of the 

111th Congress. 

Mr. SPECTER. Mr. President, I have 

sought recognition today in order to 

reintroduce a resolution I first put forward in the 110th Congress that would 

prohibit the use of the procedural tactic of filling the tree. I feel strongly 

that this practice contributed greatly 


wwoods2 on PRODPC68 with SENATE
S316 CONGRESSIONAL RECORD — SENATE January 12, 2009 

to inefficiencies and ineffectiveness 

that the United State Senate experienced in the 110th Congress. Commonly 

known as the ‘‘world’s greatest deliberative body,’’ the Senate has prided 

itself on free and fair debate on each 

and every issue that comes before it. 

Traditionally, members have had the 

right to offer virtually any amendment 

on any bill at any point in the legislative process. This all inclusive practice 

of legislating has earned the United 

States a unique place among modern 

democracies because of the open arena 

for ideas and sufficient debate. 

However, in the past 15 years both 

sides of the aisle have increasingly 

seen the majority leaders use their authority to seek first recognition and 

fill the amendment tree. Republicans 

and Democrats alike have been equally 

as guilty of this practice for history 

has shown, when there is a problem 

with this institution, bipartisan blame 

is easily applicable. Beginning in 1993, 

‘‘filling the tree’’ became increasingly 

prevalent as Senator George Mitchell 

used it 9 times in the 103rd Congress, 

Senator Trent Lott used it nine times 

in the 106th, and Senator Frist used it 

9 times in the 109th. In the recently 

concluded 110th Congress, Majority 

Leader Senator REID filled the tree on 

16 different occasions, bypassing the 

previous record amount by a significant margin. 

Regular order in this chamber was 

sacrificed in this past Congress, and in 

its place was a procedural tactic that 

prevented passage of legislation that 

would have been extremely beneficial 

for this country. Bills such as FAA Reauthorization—H.R. 2881, Climate 

Change Legislation—S. 3036, and the 

Energy Speculation Bill—S. 3268 were 

all derailed by this practice. Cloture on 

each piece of legislation was not 

achieved and caused any further movement on them to be stymied. Blame 

was placed on Republicans for engaging 

in obstruction through the use of the 

filibuster to prevent movement to debate. The fact of the matter was our 

side was completely blocked from participating in the legislative process, 

forcing our hand to oppose moving to 

the bill. 

My proposed resolution would disallow the majority leader or any other 

member from offering a first-degree 

amendment, followed by a second-degree amendment. It amends Rule 15, 

Standing Rules of the Senate and it is 

my hope the Senate can adopt this and 

operate under this rule in the 111th 

Congress and beyond. It is time for this 

chamber to conduct business in a logical, factual way; that is, for Senators 

to come to the floor and address the 

substance of the bill and offer amendments if they choose. 

Congress currently has an approval 

rating at a level that is unacceptable. 

As we enter a new Congress, efforts 

must be made to allow regular procedure to return to the United States 

Senate. It is my hope that the grueling 

hours members and staff put into legislation will be honored by giving it due 

consideration on the Senate floor. With 

a few changes in procedure, this Senate 

can ensure a more productive environment in the 111th Congress and beyond. 

f 

AMENDMENTS SUBMITTED AND 

PROPOSED 

SA 15. Mr. REID proposed an amendment 

to the bill S. 22, to designate certain land 

components of the National Wilderness Preservation System, to authorize certain programs and activities in the Department of 

the Interior and the Department of Agriculture, and for other purposes. 

SA 16. Mr. REID proposed an amendment 

to amendment SA 15 proposed by Mr. REID to 

the bill S. 22, supra. 

SA 17. Mr. REID proposed an amendment 

to the bill S. 22, supra. 

SA 18. Mr. REID proposed an amendment 

to amendment SA 17 proposed by Mr. REID to 

the bill S. 22, supra. 

SA 19. Mr. REID proposed an amendment 

to amendment SA 18 proposed by Mr. REID to 

the amendment SA 17 proposed by Mr. REID

to the bill S. 22, supra. 

SA 20. Mr. VITTER (for himself and Mr. 

SHELBY) submitted an amendment intended 

to be proposed by him to the bill S. 22, supra; 

which was ordered to lie on the table. 

SA 21. Mr. VITTER submitted an amendment intended to be proposed by him to the 

bill S. 22, supra; which was ordered to lie on 

the table. 

f 

TEXT OF AMENDMENTS 

SA 15. Mr. REID proposed an amendment to the bill S. 22, to designate certain land components of the National 

Wilderness Preservation System, to authorize certain programs and activities 

in the Department of the Interior and 

the Department of Agriculture, and for 

other purposes; as follows: 

At the end, insert the following: 

The provisions of this bill shall become effective 5 days after enactment. 

SA 16. Mr. REID proposed an amendment to amendment SA 15 proposed by 

Mr. REID to the bill S. 22, to designate 

certain land components of the National Wilderness Preservation System, to authorize certain programs and 

activities in the Department of the Interior and the Department of Agriculture, and for other purposes; as follows: 

In the amendment, strike ‘‘5’’ and insert 

‘‘4’’. 

SA 17. Mr. REID proposed an amendment to the bill S. 22, to designate certain land components of the National 

Wilderness Preservation System, to authorize certain programs and activities 

in the Department of the Interior and 

the Department of Agriculture, and for 

other purposes; as follows: 

At the end, insert the following: 

This bill shall become effective 3 days after 

enactment of the bill. 

SA 18. Mr. REID proposed an amendment to amendment SA 17 proposed by 

Mr. REID to the bill S. 22 to designate 

certain land components of the National Wilderness Preservation System, to authorize certain programs and 

activities in the Department of the Interior and the Department of Agriculture, and for other purposes; as follows: 

In the amendment, strike ‘‘3’’ and insert 

‘‘2.’’ 

SA 19. Mr. REID proposed an amendment to amendment SA 18 proposed by 

Mr. REID to the amendment SA 17 proposed by Mr. REID to the bill S. 22, to 

designate certain land components of 

the National Wilderness Preservation 

System, to authorize certain programs 

and activities in the Department of the 

Interior and the Department of Agriculture, and for other purposes; as follows: 

In the amendment, strike ‘‘2’’ and insert 

‘‘1’’. 

SA 20. Mr. VITTER (for himself and 

Mr. SHELBY) submitted an amendment 

intended to be proposed by him to the 

bill S. 22, to designate certain land 

components of the National Wilderness 

Preservation System, to authorize certain programs and activities in the Department of the Interior and the Department of Agriculture, and for other 

purposes; which was ordered to lie on 

the table; as follows: 

At the appropriate place, insert the following: 

SEC. lll. DESIGNATION OF NATIONAL MONUMENTS. 

Section 2 of the Act of June 8, 1906 (16 

U.S.C. 431) is amended by striking ‘‘That 

the’’ and inserting the following: ‘‘After obtaining congressional approval of the proposed national monument and certifying 

compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 

seq.) with respect to the proposed national 

monument, the’’. 

SA 21. Mr. VITTER submitted an 

amendment intended to be proposed by 

him to the bill S. 22, to designate certain land components of the National 

Wilderness Preservation System, to authorize certain programs and activities 

in the Department of the Interior and 

the Department of Agriculture, and for 

other purposes; which was ordered to 

lie on the table; as follows: 

At the appropriate place, insert the following: 

SEC. lll. EFFECTIVE DATE. 

This Act shall not go into effect until— 

(1) the President certifies that the Act 

would not increase the Federal deficit; and 

(2) the Secretary of Commerce and the Secretary of Energy certify that the Act would 

not limit access to energy resources. 

f 

ORDERS FOR TUESDAY, JANUARY 

13, 2009 

Mr. REID. Mr. President, I ask unanimous consent that when the Senate 

completes its business today, it stand 

adjourned until 10 a.m. on Tuesday, 

January 13; that following the prayer 

and pledge, the Journal of proceedings 

be approved to date, the morning hour 

deemed expired, and the time for the 

two leaders be reserved for their use 

later in the day; that there then be a 


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