[Congressional Record Volume 155, Number 47 (Wednesday, March 18, 2009)]
[Senate]
[Pages S3370-S3377]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. KOHL:
  S. 627. A bill to authorize the Secretary of Education to make grants 
to support early college high schools and other dual enrollment 
programs; to the Committee on Health, Education, Labor, and Pensions.
  Mr. KOHL. Mr. President, today I am doing my part to end the growing 
crisis of high school dropouts. I am introducing the Fast Track to 
College Act, a bill to increase high school graduation rates and 
improve access to college through the expansion of dual enrollment 
programs and Early College High Schools. Such programs allow young 
people to earn up to two years of college credit, including an 
Associate's degree, while also earning their high school diploma.
  As our country struggles with an economic recession, I believe we 
must continue to invest in our public schools. While we must carefully 
consider how taxpayer dollars are spent during these trying times, 
education is one of the wisest investments we can make, and it is an 
investment that must be made now, before our children fall farther 
behind.
  Education provides an outstanding return on investment for taxpayers, 
and it builds the foundation for future economic growth. Young people 
who drop out of high school are at increased risk for unemployment and 
incarceration, and they are more likely to depend on public assistance 
for healthcare, housing, and other basic needs. Conversely, adults with 
a bachelor's degree will earn two-thirds more than a high school 
graduate over the course of their working lives, and they are much less 
likely to experience unemployment or rely on social programs.
  Our Nation's future depends on how we respond to the growing crisis 
in our schools, especially the rising number of high school dropouts. 
This generation of Americans is the first in history to be less likely 
to graduate from high school than their parents, and the U.S. is the 
only industrialized Nation where that is the case. This is not a 
sustainable trend if we hope to remain powerful and prosperous. Recent 
reports have illustrated the enormous challenge: the national 
graduation rate is only 70 percent, and is significantly lower in many 
large urban school districts. For example, my home state of Wisconsin 
has a relatively high graduation rate of 86 percent, but that rate 
drops to only 46 percent in the urban schools in Milwaukee. Such an 
achievement gap cannot continue.
  As we work to reauthorize the No Child Left Behind Act, we must find 
solutions to the growing dropout crisis and provide opportunities for 
young people to pursue higher education. More funding is not the only 
answer for the problems in our schools--we must also reform our whole 
approach to education. We must ensure that young people are being 
equipped with the skills they need to compete in a 21st century 
economy. In particular, we can no longer view a high school diploma as 
a satisfactory goal for students. In today's world, students need at 
least two years of college or technical education in order to secure a 
well-paying job and provide for themselves and their families.
  That is why I ask my colleagues to support this bill, which provides 
competitive grant funding for Early College High Schools and other dual 
enrollment programs that allow low-income students to earn college 
credit and a high school diploma at the same time. These programs put 
students on the fast track to college and increase the odds that they 
will not only graduate, but go on to continue their education and 
secure higher-paying jobs. The Gates Foundation has been funding 
evaluations of such programs for several years now, and they have shown 
incredible promise as a tool for increasing attendance, graduation, and 
college enrollment rates, particularly among low-income high school 
students. Students are motivated by a challenging curriculum and the 
tangible rewards of achievement, including free college credit and 
exposure to career opportunities. This free college credit is 
critically important, especially in this economy, as family savings 
dwindle and tuition costs continue

[[Page S3371]]

to rise. Dual enrollment programs can provide just enough costs savings 
to make college affordable, especially for low and middle-income 
families who might think it is out of their reach.
  Specifically, this bill authorizes $140,000,000 for competitive 6-
year grants to schools, with priority given to schools that serve low-
income students. The funding will help defray the costs of implementing 
new programs, strengthening existing programs, and providing students 
and teachers with the resources they need to succeed in early college 
high schools and other dual enrollment programs. The bill also includes 
$10 million for states to provide support for these programs, as well 
as an evaluation component so we can measure the program's 
effectiveness.
  I am proud to sponsor this legislation because I believe this 
investment in our schools will help solve the dropout crisis and secure 
America's future by ensuring that all young people can compete in 
today's global economy. Further, I believe that all children, 
regardless of income or other factors, deserve equal opportunities to 
fulfill their potential, and it is both morally and fiscally 
responsible for this Congress to invest in high-quality educational 
programs that help them reach that potential.
  While our country faces unprecedented challenges at this moment in 
history, I believe we also face incredible opportunities to shape our 
future. I look forward to working with my colleagues in the Congress to 
reinvest in a world-class education system that will move our country 
forward into the 21st century.
  I urge my colleagues to support this important legislation.
  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. 627

       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 ``Fast Track to College Act of 
     2009''.

     SEC. 2. PURPOSE.

       The purpose of this Act is to increase high school 
     graduation rates and the percentage of students who complete 
     a recognized postsecondary credential by the age of 26, 
     including among low-income students and students from other 
     populations underrepresented in higher education.

     SEC. 3. DEFINITIONS.

       For purposes of this Act:
       (1) Dual enrollment program.--The term ``dual enrollment 
     program'' means an academic program through which a high 
     school student is able simultaneously to earn credit toward a 
     high school diploma and a postsecondary degree or 
     certificate.
       (2) Early college high school.--The term ``early college 
     high school'' means a high school that provides a course of 
     study that enables a student to earn a high school diploma 
     and either an associate's degree or one to two years of 
     college credit toward a postsecondary degree or credential.
       (3) Educational service agency.--The term ``educational 
     service agency'' has the meaning given such term in section 
     9101 of the Elementary and Secondary Education Act of 1965 
     (20 U.S.C. 7801).
       (4) Eligible entity.--The term ``eligible entity'' means a 
     local educational agency, which may be an educational service 
     agency, in a collaborative partnership with an institution of 
     higher education. Such partnership also may include other 
     entities, such as a nonprofit organization with experience in 
     youth development.
       (5) Institution of higher education.--The term 
     ``institution of higher education'' has the meaning given 
     such term in section 101 of the Higher Education Act of 1965.
       (6) Local educational agency.--The term ``local educational 
     agency'' has the meaning given such term in section 9101 of 
     the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     7801).
       (7) Secretary.--The term ``Secretary'' means the Secretary 
     of Education.
       (8) Low-income student.--The term ``low-income student'' 
     means a student described in section 1113(a)(5) of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     6313(a)(5)).

     SEC. 4. AUTHORIZATION OF APPROPRIATIONS; RESERVATIONS.

       (a) In General.--To carry out this Act, there are 
     authorized to be appropriated $150,000,000 for fiscal year 
     2010 and such sums as may be necessary for each of fiscal 
     years 2011 through 2015.
       (b) Early College High Schools.--The Secretary shall 
     reserve not less than 45 percent of the funds appropriated 
     under subsection (a) to support early college high schools 
     under section 5.
       (c) Other Dual Enrollment Programs.--The Secretary shall 
     reserve not less than 45 percent of such funds to support 
     other dual enrollment programs under section 5.
       (d) State Grants.--The Secretary shall reserve 10 percent 
     of such funds, or $10,000,000, whichever is less, for grants 
     to States under section 9.

     SEC. 5. AUTHORIZED PROGRAM.

       (a) In General.--The Secretary is authorized to award six-
     year grants to eligible entities seeking to establish a new, 
     or support an existing, early college high school or other 
     dual enrollment program.
       (b) Grant Amount.--The Secretary shall ensure that grants 
     are of sufficient size to enable grantees to carry out all 
     required activities and otherwise meet the purposes of this 
     Act, except that a grant under this section may not exceed 
     $2,000,000.
       (c) Matching Requirement.--
       (1) In general.--An eligible entity shall contribute 
     matching funds toward the costs of the early college high 
     school or other dual enrollment program to be supported under 
     this section, of which not less than half shall be from non-
     Federal sources, which funds shall represent not less than 
     the following:
       (A) 20 percent of the grant amount received in each of the 
     first and second years of the grant.
       (B) 30 percent in each of the third and fourth years.
       (C) 40 percent in the fifth year.
       (D) 50 percent in the sixth year.
       (2) Determination of amount contributed.--The Secretary 
     shall allow an eligible entity to satisfy the requirement of 
     this subsection through in-kind contributions.
       (d) Supplement, Not Supplant.--An eligible entity shall use 
     a grant received under this section only to supplement funds 
     that would, in the absence of such grant, be made available 
     from non-Federal funds for support of the activities 
     described in the eligible entity's application under section 
     7, and not to supplant such funds.
       (e) Priority.--In awarding grants under this section, the 
     Secretary shall give priority to applicants--
       (1) that propose to establish or support an early college 
     high school or other dual enrollment program that will serve 
     a student population of which 40 percent or more are students 
     counted under section 1113(a)(5) of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 6313(a)(5)); and
       (2) from States that provide assistance to early college 
     high schools or other dual enrollment programs, such as 
     assistance to defray the costs of higher education, such as 
     tuition, fees, and textbooks.
       (f) Geographic Distribution.--The Secretary shall, to the 
     maximum extent practicable, ensure that grantees are from a 
     representative cross-section of urban, suburban, and rural 
     areas.

     SEC. 6. USES OF FUNDS.

       (a) Mandatory Activities.--An eligible entity shall use 
     grant funds received under section 5 to support the 
     activities described in its application under section 7, 
     including the following:
       (1) Planning year.--In the case of a new early college high 
     school or other dual enrollment program, during the first 
     year of the grant--
       (A) hiring a principal and staff, as appropriate;
       (B) designing the curriculum and sequence of courses in 
     collaboration with, at a minimum, teachers from the local 
     educational agency and faculty from the partner institution 
     of higher education;
       (C) informing parents and the community about the school or 
     program and opportunities to become actively involved in the 
     school or program;
       (D) establishing a course articulation process for defining 
     and approving courses for high school and college credit;
       (E) outreach programs to ensure that middle and high school 
     students and their families are aware of the school or 
     program;
       (F) liaison activities among partners in the eligible 
     entity; and
       (G) coordinating secondary and postsecondary support 
     services, academic calendars, and transportation.
       (2) Implementation period.--During the remainder of the 
     grant period--
       (A) academic and social support services, including 
     counseling;
       (B) liaison activities among partners in the eligible 
     entity;
       (C) data collection and use of such data for student and 
     instructional improvement and program evaluation;
       (D) outreach programs to ensure that middle and high school 
     students and their families are aware of the early college 
     high school or other dual enrollment program;
       (E) professional development, including joint professional 
     development for secondary school personnel and faculty from 
     the institution of higher education; and
       (F) school or program design and planning team activities, 
     including curriculum development.
       (b) Allowable Activities.--An eligible entity may also use 
     grant funds received under section 5 otherwise to support the 
     activities described in its application under section 7, 
     including--
       (1) purchasing textbooks and equipment that support the 
     curriculum of the early college high school or other dual 
     enrollment program;

[[Page S3372]]

       (2) developing learning opportunities for students that 
     complement classroom experiences, such as internships, 
     career-based capstone projects, and opportunities to 
     participate in the activities provided under chapters 1 and 2 
     of subpart 2 of part A of title IV of the Higher Education 
     Act of 1965 (20 U.S.C. 1070a-11 et seq., 1070a-21 et seq.);
       (3) transportation; and
       (4) planning time for high school and college educators to 
     collaborate.

     SEC. 7. APPLICATION.

       (a) In General.--To receive a grant under section 5, an 
     eligible entity shall submit to the Secretary an application 
     at such time, in such manner, and including such information 
     as the Secretary determines to be appropriate.
       (b) Contents of Application.--At a minimum, the application 
     described in subsection (a) shall include a description of--
       (1) the budget of the early college high school or other 
     dual enrollment program;
       (2) each partner in the eligible entity and its experience 
     with early college high schools or other dual enrollment 
     programs, key personnel from each partner and such 
     personnel's responsibilities for the school or program, and 
     how the eligible entity will work with secondary and 
     postsecondary teachers, other public and private entities, 
     community-based organizations, businesses, labor 
     organizations, and parents to ensure that students will be 
     prepared to succeed in postsecondary education and 
     employment, which may include the development of an advisory 
     board;
       (3) how the eligible entity will target and recruit at-risk 
     youth, including those at risk of dropping out of school, 
     first generation college students, and students from 
     populations described in section 1111(b)(2)(C)(v)(II) of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     6311(b)(2)(C)(v)(II);
       (4) a system of student supports, including small group 
     activities, tutoring, literacy and numeracy skill development 
     in all academic disciplines, parental and community outreach 
     and engagement, extended learning time, and college readiness 
     activities, such as early college academic seminars and 
     counseling;
       (5) in the case of an early college high school, how a 
     graduation and career plan will be developed, consistent with 
     State graduation requirements, for each student and reviewed 
     each semester;
       (6) how parents or guardians of students participating in 
     the early college high school or other dual enrollment 
     program will be informed of the students' academic 
     performance and progress and, subject to paragraph (5), 
     involved in the development of the students' career and 
     graduation plans;
       (7) coordination between the institution of higher 
     education and the local educational agency, including 
     regarding academic calendars, provision of student services, 
     curriculum development, and professional development;
       (8) how the eligible entity will ensure that teachers in 
     the early college high school or other dual enrollment 
     program receive appropriate professional development and 
     other supports, including to enable the teachers to utilize 
     effective parent and community engagement strategies, and 
     help English-language learners, students with disabilities, 
     and students from diverse cultural backgrounds to succeed;
       (9) learning opportunities for students that complement 
     classroom experiences, such as internships, career-based 
     capstone projects, and opportunities to participate in the 
     activities provided under chapters 1 and 2 of subpart 2 of 
     part A of title IV of the Higher Education Act of 1965 (20 
     U.S.C. 1070a-11 et seq., 1070a-21 et seq.);
       (10) how policies, agreements, and the courses in the 
     program will ensure that postsecondary credits earned will be 
     transferable to, at a minimum, public institutions of higher 
     education within the State, consistent with existing 
     statewide articulation agreements;
       (11) student assessments and other measurements of student 
     achievement, including benchmarks for student achievement;
       (12) outreach programs to provide elementary and secondary 
     school students, especially those in middle grades, and their 
     parents, teachers, school counselors, and principals 
     information about and academic preparation for the early 
     college high school or other dual enrollment program;
       (13) how the local educational agency and institution of 
     higher education will work together, as appropriate, to 
     collect and use data for student and instructional 
     improvement and program evaluation;
       (14) how the eligible entity will help students meet 
     eligibility criteria for postsecondary courses and ensure 
     that students understand how their credits will transfer; and
       (15) how the eligible entity will access and leverage 
     additional resources necessary to sustain the early college 
     high school or other dual enrollment program after the grant 
     expires, including by engaging businesses and non-profit 
     organizations.
       (c) Assurances.--An eligible entity's application under 
     subsection (a) shall include assurances that--
       (1) in the case of an early college high school, the 
     majority of courses offered, including of postsecondary 
     courses, will be offered at facilities of the institution of 
     higher education;
       (2) students will not be required to pay tuition or fees 
     for postsecondary courses offered as part of the early 
     college high school or other dual enrollment program;
       (3) postsecondary credits earned will be transcribed upon 
     completion of the requisite coursework; and
       (4) faculty teaching such postsecondary courses meet the 
     normal standards for faculty established by the institution 
     of higher education.
       (d) Waiver.--The Secretary may waive the requirement of 
     subsection (c)(1) upon a showing that it is impractical to 
     apply due to geographic considerations.

     SEC. 8. PEER REVIEW.

       (a) Peer Review of Applications.--The Secretary shall 
     establish peer review panels to review applications submitted 
     pursuant to section 7 to advise the Secretary regarding such 
     applications.
       (b) Composition of Peer Review Panels.--The Secretary shall 
     ensure that each peer review panel is not comprised wholly of 
     full-time officers or employees of the Federal Government and 
     includes, at a minimum--
       (1) experts in the establishment and administration of 
     early college high schools or other dual enrollment programs 
     from the secondary and postsecondary perspective;
       (2) faculty at institutions of higher education and 
     secondary school teachers with expertise in dual enrollment; 
     and
       (3) experts in the education of at-risk students.

     SEC. 9. GRANTS TO STATES.

       (a) In General.--The Secretary is authorized to award five-
     year grants to State agencies responsible for secondary or 
     postsecondary education for efforts to support or establish 
     early college high schools or other dual enrollment programs.
       (b) Grant Amount.--The Secretary shall ensure that grants 
     are of sufficient size to enable grantees to carry out all 
     required activities.
       (c) Matching Requirement.--A State shall contribute 
     matching funds from non-Federal sources toward the costs of 
     carrying out activities under this section, which funds shall 
     represent not less than 50 percent of the grant amount 
     received in each year of the grant.
       (d) Priority.--In awarding grants under this section, the 
     Secretary shall give priority to States that provide 
     assistance to early college high schools or other dual 
     enrollment programs, such as assistance to defray the costs 
     of higher education, such as tuition, fees, and textbooks.
       (e) Application.--To receive a grant under this section, a 
     State agency shall submit to the Secretary an application at 
     such time, in such manner, and including such information as 
     the Secretary determines to be appropriate.
       (f) Contents of Application.--At a minimum, the application 
     described in subsection (e) shall include--
       (1) how the State will carry out all of the required State 
     activities described in subsection (g);
       (2) how the State will identify and eliminate barriers to 
     implementing effective early college high schools and other 
     dual enrollment programs after the grant expires, including 
     by engaging businesses and non-profit organizations;
       (3) how the State will access and leverage additional 
     resources necessary to sustain early college high schools or 
     other dual enrollment programs; and
       (4) such other information as the Secretary determines to 
     be appropriate.
       (g) State Activities.--A State receiving a grant under this 
     section shall use such funds for--
       (1) creating outreach programs to ensure that middle and 
     high school students, their families, and community members 
     are aware of early college high schools and other dual 
     enrollment programs in the State;
       (2) planning and implementing a statewide strategy for 
     expanding access to early college high schools and other dual 
     enrollment programs for students who are underrepresented in 
     higher education to raise statewide rates of high school 
     graduation, college readiness, and completion of 
     postsecondary degrees and credentials, with a focus on at-
     risk students, including identifying any obstacles to such a 
     strategy under State law or policy;
       (3) providing technical assistance to early college high 
     schools and other dual enrollment programs, such as brokering 
     relationships and agreements that forge a strong partnership 
     between elementary and secondary and postsecondary partners;
       (4) identifying policies that will improve the 
     effectiveness and ensure the quality of early college high 
     schools and other dual enrollment programs, such as access, 
     funding, data and quality assurance, governance, 
     accountability, and alignment policies;
       (5) planning and delivering statewide training and peer 
     learning opportunities for school leaders and teachers from 
     early college high schools and other dual enrollment 
     programs, which may include providing instructional coaches 
     who offer on-site guidance;
       (6) disseminating best practices in early college high 
     schools and other dual enrollment programs from across the 
     State and from other States; and
       (7) facilitating Statewide data collection, research and 
     evaluation, and reporting to policymakers and other 
     stakeholders.

     SEC. 10. REPORTING AND OVERSIGHT.

       (a) Reporting by Grantees.--
       (1) In general.--The Secretary shall establish uniform 
     guidelines for all grantees concerning information such 
     grantees annually

[[Page S3373]]

     shall report to the Secretary to demonstrate a grantee's 
     progress toward achieving the goals of this Act.
       (2) Contents of report.--At a minimum, a report submitted 
     under this subsection by an eligible entity receiving funds 
     under section 5 for an early college high school or other 
     dual enrollment program shall include the following 
     information about the students participating in the school or 
     program, for each category of students described in section 
     1111(h)(1)(C)(i) of the Elementary and Secondary Education 
     Act of 1965 (20 U.S.C. 6311(h)(1)(C)(i)):
       (A) The number of students.
       (B) The percentage of students scoring advanced, 
     proficient, basic, and below basic on the assessments 
     described in section 1111(b)(3) of the Elementary and 
     Secondary Education Act of 1965.
       (C) The performance of students on other assessments or 
     measurements of achievement.
       (D) The number of secondary school credits earned.
       (E) The number of postsecondary credits earned.
       (F) Attendance rate, as appropriate.
       (G) Graduation rate.
       (H) Placement in postsecondary education or advanced 
     training, in military service, and in employment.
       (I) A description of the school or program's student, 
     parent, and community outreach and engagement.
       (b) Reporting by Secretary.--The Secretary annually shall--
       (1) prepare a report that compiles and analyzes the 
     information described in subsection (a) and identifies the 
     best practices for achieving the goals of this Act; and
       (2) submit the report to the Committee on Health, 
     Education, Labor, and Pensions of the Senate and the 
     Committee on Education and Labor of the House of 
     Representatives.
       (c) Monitoring Visits.--The Secretary's designee shall 
     visit each grantee at least once for the purpose of helping 
     the grantee achieve the goals of this Act and to monitor the 
     grantee's progress toward achieving such goals.
       (d) National Evaluation.--Not later than 6 months after the 
     date on which funds are appropriated to carry out this Act, 
     the Secretary shall enter into a contract with an independent 
     organization to perform an evaluation of the grants awarded 
     under this Act. Such evaluation shall apply rigorous 
     procedures to obtain valid and reliable data concerning 
     participants' outcomes by social and academic characteristics 
     and monitor the progress of students from high school to and 
     through postsecondary education.
       (e) Technical Assistance.--The Secretary shall provide 
     technical assistance to eligible entities concerning best 
     practices in early college high schools and other dual 
     enrollment programs and shall disseminate such best practices 
     among eligible entities and State and local educational 
     agencies.

     SEC. 11. RULES OF CONSTRUCTION.

       (a) Employees.--Nothing in this Act shall be construed to 
     alter or otherwise affect the rights, remedies, and 
     procedures afforded to the employees of local educational 
     agencies (including schools) or institutions of higher 
     education under Federal, State, or local laws (including 
     applicable regulations or court orders) or under the terms of 
     collective bargaining agreements, memoranda of understanding, 
     or other agreements between such employees and their 
     employers.
       (b) Graduation Rate.--A student who graduates from an early 
     college high school supported under this Act in the standard 
     number of years for graduation described in the eligible 
     entity's application shall be considered to have graduated on 
     time for purposes of section 1111(b)(2)(C)(6) of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     6311(b)(2)(C)(6)).
                                 ______
                                 
      By Mr. CONRAD (for himself, Mr. Brownback, Ms. Collins, Mr. 
        Johnson, and Mrs. Murray):
  S. 628. A bill to provide incentives to physicians to practice in 
rural and medically underserved communities; to the Committee on the 
Judiciary.
  Mr. CONRAD. Mr. President, today I am introducing the Conrad State 30 
Improvement Act to extend and expand this program's success in bringing 
doctors to communities that would otherwise not have access to health 
care services. In the last Congress, a very similar version of this 
bill had extremely widespread support in the medical community and a 
diverse group of cosponsors in the Senate.
  The Conrad State 30 program, which I helped create in 1994, has 
brought thousands of physicians to underserved communities in all 50 
States, across our great country. Under the program, foreign doctors 
already in the country for medical training are granted a waiver from a 
visa requirement to return to their home country for 2 years. In 
exchange for this waiver, the doctors must commit to providing health 
care to underserved populations in the United States for 3 years.
  By 2020, some projections show that the United States may have 
200,000 fewer doctors than it needs; that is a staggering statistic, 
and one that cannot be taken lightly. If this shortfall is allowed to 
materialize, rural areas, like my State of North Dakota, will 
undoubtedly be among the hardest hit.
  Given the looming deficit of doctors and an increasingly competitive 
global marketplace, it is vital that we maintain the incentives for 
qualified foreign physicians to serve patients in this country. The 
immigration benefits historically provided by the Conrad 30 program, 
and enhanced in this bill, provide crucial incentives to foreign 
doctors. When they do come to our country, it is vital that we make 
sure that they end up in the places that need them most.
  This bill makes the Conrad 30 program permanent, something that I 
believe is long overdue. It also invites a new group of foreign doctors 
to take part in the program, a change that could dramatically expand 
the pool of doctors practicing in rural and underserved areas. Further, 
the bill creates a mechanism by which the current cap of 30 doctors per 
State can significantly expand, while protecting the interests of those 
States that have had difficulty recruiting doctors under the program. 
Finally, the bill creates an important new incentive for doctors to 
participate in the program by granting them a green card cap exemption 
when they have completed their service.
  I strongly believe the Conrad State 30 Improvement Act can be of 
great benefit to every state in the country and help combat the growing 
shortage of health care providers in the U.S.
                                 ______
                                 
      By Ms. COLLINS (for herself, Mr. Voinovich, and Mr. Kohl):
  S. 629. A bill to facilitate the part-time reemployment of 
annuitants, and for other purposes; to the Committee on Homeland 
Security and Governmental Affairs.
  Ms. COLLINS. Mr. President, I rise to introduce a bill with my 
colleagues Senators Voinovich and Kohl that will strengthen the Federal 
Government's ability to serve the public at a time when Federal 
agencies face a wave of retirement of highly experienced employees.
  When we think about the coming demographic shock of millions of Baby 
Boomers reaching retirement age, we usually focus on the cash-flow 
implications for the Social Security and Medicare programs. But their 
aging will also have a profound effect on the Federal workforce.
  On average, retirements from the Federal workforce have exceeded 
50,000 a year for a decade. The numbers will certainly rise in the near 
future. The Office of Personnel Management calculates that 60 percent 
of the current Federal workforce, whose civilian component approaches 
three million people, will be eligible to retire during the coming 10 
years.
  Federal agencies, which already must hire more than a quarter-million 
new employees each year, will need to work hard to replace those 
retirees, as the private sector and state and local governments will be 
facing the same problem and competing for qualified replacements.
  The Baby Boom retirement wave will have another impact. It will cause 
a sudden acceleration in the loss of accumulated skills and mentoring 
capabilities that experienced workers possess.
  Research has repeatedly shown that, in general, older workers equal 
or outperform younger workers in organizational knowledge, ability to 
work independently, commitment, productivity, flexibility, and 
mentoring ability. Making good use of their talents is, therefore, not 
charity. It is common sense and sound management.
  Federal agencies recognize the value of older workers, as witnessed 
by the fact that nearly 4,500 retirees have been allowed to return to 
full-time work on a waiver basis.
  Agencies could make use of even more Federal annuitants for short-
term projects or part-time work, but for a disincentive in current law.
  Current law mandates that annuitants who return to work for the 
Federal Government must have their salary reduced by the amount of 
their annuity during the period of reemployment. The bill I introduce 
today with Senators Voinovich and Kohl would provide a limited but 
vital measure of relief to agencies who could benefit from the skills 
and knowledge of Federal retirees. It provides an opportunity for 
Federal agencies to reemploy retirees without requiring them to take 
pay cuts based on their annuity payment.

[[Page S3374]]

  This simple but powerful reform will provide some much needed hiring 
flexibilities for agencies, especially given the expertise the Federal 
Government will need to effectively implement the American Recovery and 
Reinvestment Act of 2009.
  The Homeland Security and Governmental Affairs Committee held a 
hearing earlier this month where we discussed how oversight entities 
will meet their responsibilities to ensure that stimulus funds are 
spent effectively. Acting Comptroller General Gene Dodaro indicated 
that the reemployment of annuitants is an essential authority that the 
Government Accountability Office uses when circumstances arise that 
require rapid staffing increases. Using statutory authority possessed 
by GAO, the agency is able to attract and hire back their annuitants 
without offsetting their pay by the amount of their pension.
  Most executive branch agencies do not enjoy similar flexibility as 
GAO. Instead, current law requires these agencies to offset an 
annuitant's salary, unless the agency can first obtain a waiver from 
OPM. This waiver will be granted if the agency demonstrates to OPM that 
only a particular annuitant is qualified to fill a particular need and 
the annuitant will only return if his or her salary is not offset. The 
waiver process is administratively cumbersome, and often prevents 
agencies from even considering a returning annuitant for an important 
position.
  Whether at GAO or in our Government's Inspectors General offices, 
experienced, qualified former employees--with institutional knowledge--
could play an important role in oversight of stimulus spending. This 
point was recently made by both Acting Comptroller General Dodaro and 
the Chair of the Council of Inspectors General on Integrity and 
Efficiency, CIGIE, Phyllis Fong, in testimony before the Homeland 
Security and Governmental Affairs Committee.
  Inspectors General will have to quickly hire experienced auditors and 
investigators to ensure critical oversight of stimulus spending. This 
legislation will allow IG offices to bring back valuable and 
experienced employees to the Federal Government to ensure aggressive 
oversight, enhanced transparency, and accountability for taxpayer 
dollars.

  Ensuring an experienced acquisition workforce is available to oversee 
stimulus spending is just as critical. The government spent $532 
billion on contracts last year--a 140 percent increase from 2001 to 
2008. At the same time, the Federal Government entered the 21st century 
with 22 percent fewer federal civilian acquisition personnel than it 
had at the start of the 1990s. As early as 2012, 50 percent of this 
workforce will be eligible to retire. This means that as our contract 
spending continues to increase dramatically, our contracting workforce 
continues to shrink. This legislation will allow agencies to bring in 
experienced acquisition personnel at a time when they are desperately 
needed--whether to ensure that stimulus funds are spent wisely or to 
help administer over $500 billion in government contract spending
  Several organizations have endorsed the reforms in our bill, 
including the National Active and Retired Federal Employees 
Association, the Partnership for Public Service, and the Government 
Managers Coalition.
  I would also note two important points about the bill.
  First, it will not materially affect the necessary flow of younger 
workers into Federal agencies. The bill contemplates reemployment for 
part-time or project work of not more than 520 hours in the first six 
months following the start of annuity payments, not more than 1,040 
hours in any 12-month period, and not more than 3,120 hours total for 
the annuitant's lifetime. In terms of eight-hour days, those figures 
are equivalent to 65, 130, and 390 days, respectively.
  These limits will give agencies flexibility in assigning retirees to 
limited-time or limited-scope projects, including mentoring and 
collaboration, without evading or undermining the waiver requirement 
for substantial or full-time employment of annuitants.
  I would also note that this bill gives no cause for concern about 
financial impact. Reemployed annuitants would be performing work that 
the agencies needed to do in any case, but would not require any 
additional contributions to pension or savings plans. Meanwhile, their 
retiree health and life insurance benefits would be unaffected by their 
part-time work. Even without making any allowance for the positive 
effects of their organizational knowledge, commitment, productivity, 
and mentoring potential, their reemployment is likely to produce net 
savings.
  This measure offers benefits for Federal agencies, for Federal 
retirees who would welcome the opportunity to perform part-time work, 
and for taxpayers, especially during these tough economic times. I urge 
my colleagues to support it.
                                 ______
                                 
      By Mr. LEAHY (for himself, Mr. Specter, Mr. Whitehouse, and Mr. 
        Sessions):
  S. 630. A bill to make technical amendments to laws containing time 
periods affecting judicial proceedings; to the Committee on the 
Judiciary.
  Mr. LEAHY. Mr. Presdient, today, we introduce the Statutory Time-
Periods Technical Amendments Act of 2009. I thank Senator Specter, the 
Ranking Republican on the Judiciary Committee and Senators Whitehouse 
and Sessions, the Chairman and Ranking Member of the Administrative 
Oversight and Courts Subcommittee for cosponsoring.
  This legislation incorporates recommendations from the Judicial 
Conference of the United States to alter deadlines in certain statutes 
affecting court proceedings to account for recent amendments to the 
Federal time-computation rules. This bipartisan bill would provide 
judges and practitioners with commonsense deadlines that are less 
confusing and less complex than current deadlines, and also ensure that 
existing time periods are not shortened.
  After much study and significant public comment, the Judicial 
Conference's Standing Committee on Rules of Practice and Procedure and 
the Advisory Committees on Appellate, Bankruptcy, Civil, and Criminal 
Rules arrived at proposed new rules intended to provide predictability 
and uniformity to the current process of calculating court deadlines. 
The proposed rules respond, in part, to findings from the Judicial 
Conference that the current time-computation process is confusing and 
can lead to missed deadlines and litigants' loss of important rights. 
Under the current time-calculation rules, weekends and holidays are not 
counted when calculating court deadlines of less than 30 days, but are 
counted for calculating court deadlines longer than 30 days. The 
proposed new rules simplify this process by counting holidays and 
weekends regardless of a court deadline's time period. According to the 
Judicial Conference, these proposed changes would respond to 
practitioners' complaints and criticism from judges.
  This legislation would amend a number of Federal civil and criminal 
statutes affecting court proceedings and harmonize them with the 
proposed rules. First, this remedial bill would alter certain statutory 
court deadlines to counterbalance any shortening of the time period 
resulting from the ``days are days'' approach. For example, the bill 
changes 5 days to 7 days, and 10 days to 14 days, to prevent time 
periods from becoming shorter when a practitioner counts all days, 
including weekends. This change would, in effect, maintain the same 
time periods in the statutes. In addition, if a time period ends on a 
holiday or a weekend the time period would be extended to the next 
business day. The bill would also change some statutory deadlines that 
would otherwise be inconsistent with the amended rules deadlines and 
lead to confusion.
  This bipartisan legislation is time-sensitive. Both the Department of 
Justice and Judicial Conference urge swift consideration of this 
proposal, to allow it to take effect on December 1, 2009, the same date 
as the amendments to the rules.
  According to a letter the Department of Justice sent to the Judicial 
Conference last year: ``Failure to adopt statutory changes that move in 
concert with the proposed rule changes will result in exactly the 
opposite effect of what is intended--changes to the rules alone will 
introduce greater confusion rather than desirable simplification.'' 
Although the Obama administration has not formally weighed

[[Page S3375]]

in on this legislation, I anticipate that the Justice Department will 
again support this proposal. In addition, this bill mirrors the 
proposal from the Judicial Conference which enjoyed broad support from 
numerous legal and bar organizations, including of the American College 
of Trial Lawyers, the Council of Appellate Lawyers, and the American 
Bar Association's Section of Litigation and Criminal Justice Section.
  I hope we will consider this measure expeditiously and improve the 
effectiveness of our judicial system. Passing this bill will create a 
consistent and standard method for lawyers and judges to calculate 
court deadlines.
  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. 630

       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 ``Statutory Time-Periods 
     Technical Amendments Act of 2009''.

     SEC. 2. AMENDMENTS RELATED TO TITLE 11, UNITED STATES CODE.

       Title 11, United States Code, is amended--
       (1) in section 109(h)(3)(A)(ii), by striking ``5-day'' and 
     inserting ``7-day'';
       (2) in section 322(a), by striking ``five days'' and 
     inserting ``seven days'';
       (3) in section 332(a), by striking ``5 days'' and inserting 
     ``7 days'';
       (4) in section 342(e)(2), by striking ``5 days'' and 
     inserting ``7 days'';
       (5) in section 521(e)(3)(B), by striking ``5 days'' and 
     inserting ``7 days'';
       (6) in section 521(i)(2), by striking ``5 days'' and 
     inserting ``7 days'';
       (7) in section 704(b)(1)(B), by striking ``5 days'' and 
     inserting ``7 days'';
       (8) in section 749(b), by striking ``five days'' and 
     inserting ``seven days''; and
       (9) in section 764(b), by striking ``five days'' and 
     inserting ``seven days''.

     SEC. 3. AMENDMENTS RELATED TO TITLE 18, UNITED STATES CODE.

       Title 18, United States Code, is amended--
       (1) in section 983(j)(3), by striking ``10 days'' and 
     inserting ``14 days'';
       (2) in section 1514(a)(2)(C), by striking ``10 days'' each 
     place it appears and inserting ``14 days'';
       (3) in section 1514(a)(2)(E), by inserting after ``the 
     Government'' the following: ``, excluding intermediate 
     weekends and holidays,'';
       (4) in section 1963(d)(2), by striking ``ten days'' and 
     inserting ``fourteen days'';
       (5) in section 2252A(c), by striking ``10 days'' and 
     inserting ``14 days'';
       (6) in section 2339B(f)(5)(B)(ii), by striking ``10 days'' 
     and inserting ``14 days'';
       (7) in section 2339B(f)(5)(B)(iii)(I), by inserting after 
     ``trial'' the following: ``, excluding intermediate weekends 
     and holidays'';
       (8) in section 2339B(f)(5)(B)(iii)(III), by inserting after 
     ``appeal'' the following: ``, excluding intermediate weekends 
     and holidays'';
       (9) in section 3060(b)(1), by striking ``tenth day'' and 
     inserting ``fourteenth day'';
       (10) in section 3432, by inserting after ``commencement of 
     trial'' the following: ``, excluding intermediate weekends 
     and holidays,'';
       (11) in section 3509(b)(1)(A), by striking ``5 days'' and 
     inserting ``7 days''; and
       (12) in section 3771(d)(5)(B), by striking ``10 days'' and 
     inserting ``14 days''.

     SEC. 4. AMENDMENTS RELATED TO THE CLASSIFIED INFORMATION 
                   PROCEDURES ACT.

       The Classified Information Procedures Act (18 U.S.C. App.) 
     is amended----
       (1) in section 7(b), by striking ``ten days'' and inserting 
     ``fourteen days'';
       (2) in section 7(b)(1), by inserting after ``adjournment of 
     the trial,'' the following: ``excluding intermediate weekends 
     and holidays,''; and
       (3) in section 7(b)(3), by inserting after ``argument on 
     appeal,'' the following: ``excluding intermediate weekends 
     and holidays,''.

     SEC. 5. AMENDMENT RELATED TO THE CONTROLLED SUBSTANCES ACT.

       Section 413(e)(2) of the Controlled Substances Act (21 
     U.S.C. 853(e)(2)) is amended by striking ``ten days'' and 
     inserting ``fourteen days''.

     SEC. 6. AMENDMENTS RELATED TO TITLE 28, UNITED STATES CODE.

       Title 28, United States Code, is amended--
       (1) in section 636(b)(1), by striking ``ten days'' and 
     inserting ``fourteen days'';
       (2) in section 1453(c)(1), by striking ``not less than 7 
     days'' and inserting ``not more than 10 days''; and
       (3) in section 2107(c), by striking ``7 days'' and 
     inserting ``14 days''.

     SEC. 7. EFFECTIVE DATE.

       The amendments made by this Act shall take effect on 
     December 1, 2009.
                                 ______
                                 
      Mr. KOHL (for himself, Ms. Collins, Mr. Cochran, Mr. Kerry, Mr. 
        Whitehouse, Mr. Bingaman, Mr. Levin, Mr. Casey, Mrs. Lincoln, 
        Ms. Klobuchar, Ms. Stabenow, and Mr. Bayh):
  S. 631. A bill to provide for nationwide expansion of the pilot 
program for national and State background checks on direct patient 
access employees of long-term care facilities or providers; to the 
Committee on Finance.
  Mr. KOHL. Mr. President, I rise today to introduce the Patient Safety 
and Abuse Prevention Act along with my colleague, Senator Collins. This 
bill is the culmination of years of work and careful study, and would 
go a long way to ensuring the safety of vulnerable older Americans. We 
have hard evidence that this policy will work and will protect lives. 
It is vital that we consider getting this legislation moving soon, and 
I look forward to working with the Finance Committee, the elder justice 
community, and Congressman Joe Sestak in the House to make that happen.
  Thousands of individuals with a history of substantiated abuse or a 
criminal record are hired every year to work closely with exposed and 
defenseless seniors within our nation's nursing homes and other long-
term care facilities. Because the current system of state-based 
background checks is haphazard, inconsistent, and full of gaping holes, 
predators can evade detection throughout the hiring process, securing 
jobs that allow them to assault, abuse, and steal from defenseless 
elders.
  We can and must take action to stop this type of abuse by building on 
the resounding success of a seven-state background check pilot program, 
enacted as part of the 2003 Medicare Modernization Act, which enabled 
seven states to make major improvements in their existing screening 
procedures of individuals applying for jobs in long-term care settings. 
The results of this 3-year pilot program were a resounding success: 
more than 7,200 individuals with a history of abuse or violence were 
kept out of the workforce in Alaska, Idaho, Illinois, Michigan, Nevada, 
New Mexico, and Wisconsin.
  The states who participated in the pilot have all chosen to continue 
their programs, and are taking additional steps to build on the success 
of the technological infrastructure they created. The Patient Safety 
and Abuse Prevention Act will expand these outstanding results 
nationwide by making it possible for all states to make these 
commonsense improvements. The cost of enabling states to efficiently 
connect registries and databases, expand the range of workers who are 
screened, and add a national criminal history check is very modest. If 
states take these steps, we can reduce the terrible toll of elder 
abuse. If we do not, experts tell us abuse rates will continue to rise.
  Our straightforward approach is strongly endorsed by State Attorneys 
General across the country, the Elder Justice Coalition, which speaks 
for over 500 member organizations, AARP, the American Health Care 
Association, NCCNHR, the American Association of Homes and Services for 
the Aging, and advocates in hundreds of communities who work every day 
to protect the well-being of elders and individuals with disabilities.
  Last Congress, the Patient Safety and Abuse Prevention Act was passed 
unanimously out of the Finance Committee. We are so close to getting 
this policy passed. I ask my colleagues to join Senators Collins, 
Kerry, Whitehouse, Bingaman, Levin, Casey, Lincoln, Klobuchar, 
Stabenow, Bayh, and Cochran in supporting our efforts to reduce and 
prevent abuse of our elders and loved ones.
  Mr. President, I ask unanimous consent that support material be 
printed in the Record.
  There being no objection, the material was ordered to be placed in 
the Record, as follows:

          [From the PARADE Intelligence Report, Mar. 1, 2009]

                   Protecting the Elderly From Abuse

                       (By Lyric Wallwork Winik)

       In 2006, a 90-year-old New York grandmother was raped by a 
     caregiver with a criminal record. The man worked in the 
     nursing home where she lived. Similar incidents over the 
     years have led many to wonder how criminals end up working 
     with vulnerable populations in the first place.
       While most states require background checks for nursing-
     home employees, there is no national database that allows 
     employers to check for crimes committed in other states.
       Sen. Herb Kohl (D., Wis.) has introduced legislation that 
     would require the creation of a national cross-referencing 
     system. According to the Senate Special Committee on

[[Page S3376]]

     Aging, which Kohl leads, the Congressional Budget Office has 
     estimated the cost at $100 million over three years. A trial 
     program in seven states found that 7000 applicants for 
     eldercare positions had violent criminal records or a 
     substantiated history of abuse. Says Kohl, ``This policy is 
     more than just a good idea in theory--we've implemented it in 
     seven states and seen the results. Comprehensive background 
     checks are routine for those who work with young children, 
     and we should be protecting vulnerable seniors and disabled 
     Americans in the same way.''
                                 ______
                                 
      By Mr. BAUCUS (for himself, Mr. Crapo, Mrs. Lincoln, Ms. Snowe, 
        Mr. Roberts, Mr. Enzi, and Mr. Ensign):
  S. 632. A bill to amend the Internal Revenue Code of 1986 to require 
that the payment of the manufacturers' excise tax on recreational 
equipment be paid quarterly; to the Committee on Finance.
  Mr. BAUCUS. Mr. President, I am pleased today to join with my friend 
Senator Crapo to introduce an important piece of legislation that would 
help to strengthen the financial health of America's firearm and 
ammunition manufacturers, who in turn support wildlife conservation in 
America.
  The firearm and ammunition industry pays a Federal excise tax of 11 
percent on long guns and ammunition and 10 percent on handguns. The Tax 
and Trade Bureau in the Treasury Department collects this tax. The 
Bureau sends the proceeds to the U.S. Fish and Wildlife Service, where 
they are deposited into the Wildlife Restoration Trust Fund, also known 
the Pittman-Robertson Trust Fund.
  The tax is a major source of conservation funding in America. Since 
1991, the firearm and ammunition industry has contributed about $3 
billion to the Pittman-Robertson Fund and since the inception of the 
tax, has contributed over $5.5 billion. In 2008, over $321 million was 
collected.
  Of all the industries that pay excise taxes on the sale of their 
products to support wildlife conservation efforts, firearms and 
ammunition manufacturers are the only ones that have to pay excise 
taxes every 2 weeks. Other industries, such as archery and fishing, pay 
their tax every 3 months.
  This frequent payment obligation imposes a costly and inequitable 
burden on the firearms and ammunition industry. Manufacturers spend 
thousands of additional man-hours just to administer the paperwork 
associated with making the bi-weekly excise payments.
  According to the National Shooting Sports Foundation, changing the 
deposit schedule from a bi-weekly to quarterly payment would save the 
industry an estimated $21.6 million dollars a year. That is money that 
the industry could use for investment in researching and developing new 
products, purchasing new manufacturing plants and equipment, and 
communicating with the hunting and shooting sports community.
  Let me take a moment to explain what this legislation does not do. It 
does not reduce the firearm and ammunition industry's excise tax rates. 
It simply adds fairness to the tax code.
  It is important for my Colleagues to understand the history and 
nature of the firearm and ammunition excise tax. During the Great 
Depression, hunters and conservationists recognized that overharvesting 
of wildlife would destroy America's treasured wildlife and natural 
habitats. Sportsmen, state wildlife agencies, and the firearm and 
ammunition industries lobbied Congress to extend the existing 10 
percent excise tax and impose a new 11 percent excise tax to create a 
new fund. The fund was called the Pittman-Robertson Trust Fund after 
Senator Key Pittman of Nevada and Representative A. Willis Robertson of 
Virginia. President Franklin D. Roosevelt signed the legislation into 
law in 1937.

  The industry, hunters, and conservationists came together to create 
this structure. They recognized the importance of conservation. And 
they encouraged Congress to impose a tax on their guns and ammo. It is 
rare thing when taxpayers ask to be taxed. But preserving our country's 
wildlife habitat was and continues to be that important.
  Today, more than $700 million each year is generated and used 
exclusively to establish, restore, and protect wildlife habitats.
  Now let me explain the effect that the bill we are introducing today 
would have on the Pittman-Robertson Trust Fund. As the Joint Committee 
on Taxation explained in its revenue estimate, the net budget effect to 
the fund is $4 million. This is purely a result of the shift in the 
timing of collections, from bi-weekly to quarterly, over a 10-year 
budget window. Consumers of firearms and ammunition would still pay the 
exact same amount of tax.
  The firearm and ammunition industry recognizes the ten-year $4 
million loss to the trust fund. The industry developed a comprehensive 
5-year proposal to ease this effect. Under the proposal, the industry 
would contribute $150,000 a year for the next 5 years, a total of 
$750,000, to the fund.
  These actions again show the partnership between hunters, 
conservation groups, and the firearm and ammunition industry to protect 
conservation programs and initiatives. That's why this legislation is 
supported by the following groups: Archery Trade Association; 
Association of Fish and Wildlife Agencies; Boon and Young; 
Congressional Sportsmen's Foundation; Delta Waterfowl; Ducks Unlimited; 
National Rifle Association; National Shooting Sports Foundation, Inc.; 
National Wild Turkey Federation; North American Wetlands Conservation 
Council; Pheasants Forever; Rocky Mountain Elk Foundation; Safari Club 
International; Wildlife Management Institute; U.S. Fish and Wildlife 
Service; and U.S. Sportsmen's Alliance.
  I urge my Colleagues to support this legislation. I am very glad that 
Senators Lincoln, Snowe, Roberts, Ensign and Enzi have also signed onto 
this legislation as original cosponsors. I hope that we can come 
together, just as the industry, hunters, and conservation groups have, 
to pass this legislation. It is a matter of tax fairness. Let us do our 
part to correct this inequity in the tax code. Let us do our part to 
support an American industry that in turn supports wildlife habitat 
restoration and conservation.
  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. 632

       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 ``Firearms Fairness and 
     Affordability Act''.

     SEC. 2. TIME FOR PAYMENT OF MANUFACTURERS' EXCISE TAX ON 
                   RECREATIONAL EQUIPMENT.

       (a) In General.--Subsection (d) of section 6302 of the 
     Internal Revenue Code of 1986 (relating to mode or time of 
     collection) is amended to read as follows:
       ``(d) Time for Payment of Manufacturers' Excise Tax on 
     Recreational Equipment.--The taxes imposed by subchapter D of 
     chapter 32 of this title (relating to taxes on recreational 
     equipment) shall be due and payable on the date for filing 
     the return for such taxes.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall apply to articles sold by the manufacturer, producer, 
     or importer after the date of the enactment of this Act.
                                 ______
                                 
      By Mr. TESTER (for himself, Mr. Baucus, Mr. Johnson, Mr. 
        Bingaman, and Mr. Dorgan):
  S. 633. A bill to establish a program for tribal colleges and 
universities within the Department of Health and Human Services and to 
amend the Native American Programs Act of 1974 to authorize the 
provision of grants and cooperative agreements to tribal colleges and 
universities, and for other purposes; to the Committee on Indian 
Affairs.
  Mr. TESTER. Mr. President, my colleagues and I rise today to 
introduce the Tribal Health Promotion and Tribal Colleges and 
Universities Advancement Act of 2009.
  Indian Education is perhaps the most important issue facing Indian 
Country today because education represents hope. Higher education leads 
to better job opportunities. Better jobs lead to higher income. Higher 
income leads to greater access to health care, adequate housing and 
overall, a higher quality of life. Higher quality of life leads to 
strong communities. Happy, healthy and strong communities are more 
resistant to the destructive forces of poverty such as chemical abuse, 
violence and neglect. This bill will improve Indian Country by 
addressing three of the most pressing issues facing it today: 
healthcare, job creation and education.

[[Page S3377]]

  No one disagrees that 85 percent unemployment in Indian Country is 
unacceptable. No one disagrees that it is unacceptable that the 
majority of America's at-risk youth live in Indian Country. However, 
merely reciting these statistics over and over will not make the 
situation any better. We need to work together to make Indian Country a 
better place to live, work and raise a family.
  We introduced this vital legislation to help advance the remarkable 
work of tribal colleges and universities. Through grants awarded under 
this bill, tribal colleges and universities will have additional 
resources necessary to strengthen Indian communities by providing 
healthy living and disease prevention education, outreach and workforce 
development programs, research, and capacity building. Not only will it 
improve education, but it will also improve the delivery of culturally 
appropriate health care services. In addition to good education and 
increased access to health care, this bill will also help create good 
jobs for tribal members living on American Indian reservations.
  Tribal Colleges and Universities are accredited by independent, 
regional accreditation agencies, and like all institutions of higher 
education, must undergo stringent performance reviews to retain their 
accreditation status. In addition to offering postsecondary education 
opportunities, tribal colleges serve reservation communities by 
providing critical services including: libraries, community centers, 
cultural, historical and language programs; tribal archives, career 
centers, economic development and business centers; health and wellness 
centers, public meeting places, child and elder care centers. Despite 
their many obligations, functions, and notable achievements, tribal 
colleges remain the most poorly funded institutions of higher education 
in this country.
  The continued success and future of the Nation's tribal colleges and 
universities depends on their ability to provide higher education and 
community outreach programs. For them to succeed however, they must 
have the financial resources to do so.
  As a Montanan and member of the Senate Indian Affairs Committee, I am 
proud to introduce this legislation. I look forward to swift 
consideration and eventual passage.
                                 ______
                                 
      By Mrs. MURRAY:
  S. 635. A bill to amend the Wild and Scenic Rivers Act to designate a 
segment of Illabot Creek in Skagit County, Washington, as a component 
of the National Wild and Scenic Rivers System; to the Committee on 
Energy and Natural Resources.
  Mrs. MURRAY. 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 
placed in the Record, as follows:

                                 S. 635

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

     SECTION 1. DESIGNATION OF WILD AND SCENIC RIVER SEGMENTS.

       Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 
     1274(a)) is amended by adding at the end the following:
       ``(__) Illabot creek, washington.--The 14.3 mile segment 
     from the headwaters of Illabot Creek to 1,000 feet south of 
     and at no point closer than 200 feet from the Rockport-
     Cascade Road, flowing through lands managed by the U.S. 
     Forest Service, Washington State Department of Natural 
     Resources, and Seattle City Light, to be administered by the 
     Secretary of Agriculture as follows:
       ``(A) The 4.3 mile segment from the headwaters of Illabot 
     Creek to the boundary of Glacier Peak Wilderness Area as a 
     wild river.
       ``(B) The 10 mile segment from the boundary of Glacier Peak 
     Wilderness to 1,000 feet south of Rockport-Cascade Road as a 
     recreational river.''.

                          ____________________