[Congressional Record Volume 155, Number 154 (Thursday, October 22, 2009)]
[Senate]
[Pages S10702-S10706]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. McCAIN:
  S. 1836. A bill to prohibit the Federal Communications Commission 
from further regulating the Internet; to the Committee on Commerce, 
Science, and Transportation.
  Mr. McCAIN.  Mr. President, today I am pleased to introduce 
legislation that would prohibit the Federal Communications Commission 
from enacting rules that would seek to regulate the Internet. Today the 
commission will meet to determine whether the historically open 
architecture and free flow of the Internet should be subject to onerous 
Federal regulation. Specifically, the commission will seek to impose 
``net neutrality'' rules that would reign in the network management 
practices of all Internet service providers, including wireless phone 
companies.
  Skeptical consumers should rightly view these new rules as yet 
another government power grab over a private service provided by a 
private company in a competitive marketplace. Earlier this year the 
administration moved to control much of the auto industry and the 
banking industry and now the administration is trying to control the 
technology industry by regulating its very core: the Internet.
  This government takeover of the Internet will stifle innovation, in 
turn slowing our economic turnaround and further depressing an already 
anemic job market. Outside of health care, the technology industry is 
the nation's fastest growing job market. Innovation and job growth in 
this sector of our economy is the key to America's future prosperity. 
In 2008, while most industries were slashing jobs in the worst economy 
in nearly 30 years, high tech industries actually added over 77,000 
good high-paying jobs. Just this month, Google and Yahoo both released 
positive earnings reports.
  According to a report released last week by the Recovery 
Accountability and Transparency Board, which oversees the stimulus 
plan, 30,000 jobs have been directly created or saved by contractors 
who received money from the $787 billion stimulus package for 
infrastructure and social programs. This pales in comparison to the 
fact that the high tech industry produced more than double the number 
of jobs so far ``created or saved'' by the so-called ``stimulus 
legislation.'' It did so without the assistance of $787 billion from 
the wallets of taxpayers. Maybe a better stimulus package for this 
economy would be an administration decision to keep the Internet free 
of government control and regulation.
  Unfortunately, the administration seems oblivious to the fact that 
their stated opposition to the supposed excesses of capitalism is at 
odds with a new regulatory regime being lobbied for by the most 
powerful businesses. As the Chairman of the Federal Communications 
Commission has recognized, Americans have benefitted enormously from 
the Internet's ``fundamental architecture of openness.'' The light 
touch regulatory approach toward the Internet that was advanced by 
previous administrations has brought Americans social networking, low 
cost long distance calling, texting, telemedicine and over 85,000 
``apps'' for the iPhone. It also brought us Twitter, You Tube, Hulu, 
Kindle, the Blackberry and the Palm. It has allowed the Internet to 
change our lives forever.
  The wireless industry exploded over the past twenty years due to 
limited government regulation. Wireless carriers invested $100 billion 
in infrastructure and development over the past three years which has 
led to faster networks, more competitors in the marketplace and lower 
prices compared to

[[Page S10703]]

any other country. Meanwhile, wired telephones and networks have become 
a slow dying breed as they are mired in state and Federal regulations, 
universal service contribution requirements and limitations on use.
  It is for these reasons that today I introduce The Internet Freedom 
Act of 2009 that will keep the Internet free from government control 
and regulation. This will allow for continued innovation that will in 
turn create more high-paying jobs for the millions of Americans who are 
out of work or seeking new employment. Keeping businesses free from 
oppressive regulations is the best stimulus for the current economy.
                                 ______
                                 
      By Ms. LANDRIEU (for herself and Mr. Webb):
  S. 1838. A bill to establish a commission to commemorate the 
sesquicentennial of the American Civil War; to the Committee on Energy 
and Natural Resources.
  Ms. LANDRIEU. Mr. President, I rise today to commemorate a defining 
moment in our Nation's history--the American Civil War. From 1861-1865, 
the U.S. was torn apart, engaged in the most deadly struggle that has 
ever befallen our great Nation. As we approach the War's 150th 
anniversary, we must remember the contributions of our forefathers, 
those many Americans who gave their lives to make America what it is 
now. Today I join my colleague, Senator Webb, in introducing the Civil 
War Sesquicentennial Commission Act of 2009.
  We all studied the Civil War in school. We know that the opening 
shots of the Civil War were fired at Fort Sumter, South Carolina in 
April of 1861 and that Robert E. Lee and Ulysses S. Grant agreed to 
peace at Appomattox Court House, Virginia on April 9, 1865. We 
recognize those most horrific battles--Antietam, Gettysburg, 
Fredericksburg, and the 10,000 other sites from New Mexico to Vermont 
that were host to fighting. We celebrate the strength and bravery of 
individuals such as Frederick Douglas and Harriett Tubman who risked 
everything to combat the deplorable institution of slavery. Every 
February, we observe President Lincoln's birthday, a day to recollect 
his legacy. The Emancipation Proclamation and Gettysburg address are 
two of the most memorable documents in American history, and it is 
thanks to President Lincoln that slavery was eradicated.
  These are the most memorable aspects of the Civil War, but the 
influence and impact reaches so much further. I recently learned that 
on this very day, 148 years ago, work was underway on a revolutionary 
new technology--an innovation that would forever change the face of 
naval warfare. It was in October of 1861 that the keel of the USS 
Monitor was laid. For those who may not remember, the USS Monitor was 
the world's first ship to be entirely constructed from iron. It also 
featured the first rotating gun turret, allowing it to fire in any 
direction regardless of which way the ship was facing. Naval history 
recognizes this as the beginning of the end for wooden warships and the 
need to strategically position ships because their artillery could only 
be fired in one direction. I recognize this as an example of American 
ingenuity.
  This is just one additional example to show how the events of the 
American Civil War have reverberated through history. Every aspect of 
American life was affected whether economic, cultural, political, or 
otherwise. The most profound consequence of the Civil War was to end 
the legal edifice that justified the subjugation of people based on 
accidental characteristics such as race.
  We must remember what our forefathers sacrificed for us. More than 3 
million men fought in the Civil War. They left their homes and their 
loved ones to fight for their beliefs, their families, their Nation. 
620,000 of those soldiers gave their lives.
  We must remember the untold number of civilians who lost their lives 
or welfare because the battles were taking place all around them. No 
State, city, community, or family was untouched by devastation or loss.
  We must remember the legacies of the Civil War. The U.S. emerged 
completely altered after the 4 years of struggle, and as a testament of 
American resilience, grew stronger than it was before. The cultural and 
political ramifications still shape the American landscape today. It 
was in the era of Reconstruction that Congress adopted the 13th, 14th, 
and 15th amendments to the Constitution, acknowledging black Americans 
as free and equal citizens of the U.S.
  The Civil War Sesquicentennial Commission Act of 2009 is about 
preserving the memory. It will establish a Commission to ensure 
suitable National observance. Consisting of 25 members from government, 
business and academia, this commission will develop and carry out 
programs to commemorate the 150th anniversary of the Civil War. It will 
work together with State and local governments, as well as various 
organizations, to assist with these activities and ensure that 
remembrance occurs at every level.
  Mr. President, 2011 marks the anniversary of a monumentally tragic 
time in American history, but also a time of intensive change, growth, 
and hope. We must use this opportunity to reflect upon the Civil War, 
the sacrifices, legacies, and changes in our Nation. I urge support of 
the Civil War Sesquicentennial Commission Act of 2009.
                                 ______
                                 
      By Mr. SPECTER (for himself and Mr. Graham):
  S. 1843. A bill to provide increased penalties for health care fraud; 
to the Committee on the Judiciary.
  Mr. SPECTER. Mr. President, I have sought recognition to speak about 
the Strengthening Enforcement for Health Care Fraud Crimes Act of 2009, 
which I am introducing today with Senator Graham.
  At a time when Congress is poised to pass historic health care reform 
legislation to protect the health of Americans, it is imperative that 
we do all that we can to eliminate waste, fraud and abuse in America's 
health care systems. We must do all that we can to prevent, detect and 
vigorously prosecute health care fraud.
  Health care fraud costs tax payers billions of dollars each year. 
National health care spending in the United States exceeded $2.2 
trillion and represented 16 percent of the Nation's Gross Domestic 
Product in 2007. The National Health Care Anti-Fraud Association, 
NHCAA, conservatively estimates that 3 percent of all health care 
spending--or more than $60 billion--is lost to health care fraud 
perpetrated against both public and private health plans. Other 
estimates by government and law enforcement agencies suggest losses 
from fraud as high as 10 percent--or $220 billion annually.
  Fraud committed against both public and private plans by health care 
providers, medical equipment suppliers, drug companies, and also by 
fraudulent plan operators and brokers, undermines public trust in our 
health care system.
  More importantly, the costs of health care fraud are borne by all 
Americans. It does not matter if you have health insurance sponsored by 
your employer, if you purchase privately your own insurance policy, or 
pay taxes to fund government health care programs. Health care fraud 
results in reduced benefits and coverage, and higher premiums and 
costs. It can mean higher taxes and increased budgetary challenges.
  Health care fraud often targets the most vulnerable in our society--
the elderly, the poor, and the infirm. Criminals involved in health 
care fraud falsify patients' medical records and steal patients' 
personal and insurance information to submit fraudulent claims. Health 
care fraud subjects patients to unnecessary and dangerous medical 
procedures. According to the FBI:

       One of the most significant trends observed in recent 
     health care fraud cases includes the willingness of medical 
     professionals to risk patient harm in their schemes. FBI 
     investigations in several offices are focusing on subjects 
     who conduct unnecessary surgeries, prescribe dangerous drugs 
     without medical necessity, and engage in abusive or sub-
     standard care practices.

  FBI Financial Crimes Report to the Public, Fiscal year 2007.
  Criminologists have long reported that criminals look at three 
factors in performing their own cost benefit analysis: the risk of 
getting caught; the probability of being convicted; and the severity of 
the punishment.
  The bill I am introducing today addresses the third factor--and sends 
the message loud and clear to those who would contemplate committing 
health

[[Page S10704]]

care fraud. If caught stealing $100,000 or more you will go to jail--no 
ifs, ands or buts. The bill provides a sentence of at least 6 months 
incarceration for committing health care fraud with losses of $100,000 
or more. You may even get more jail--under the discretionary 
guidelines--but no one will get less than 6 months for schemes of this 
size.
  Since the Supreme Court decided United States v. Booker in January 
2005 and made the Sentencing Guidelines advisory, sentencing judges 
have wide discretion to impose sentences on criminal defendants unless 
mandatory minimum sentences are applicable. Except for aggravated 
identity theft crimes, defendants do not face mandatory imprisonment 
for white collar crimes. Given the importance and necessity to 
vigorously prosecute and punish serious health care fraud crimes, I 
urge the Senate to pass this bill. Without it, there will be no 
certainty of punishment nor effective deterrence for serious health 
care fraud crimes.
                                 ______
                                 
      By Ms. STABENOW (for herself, Mr. Voinovich, Mrs. Hutchison, Mr. 
        Brown, and Mr. Kerry):
  S. 1857. A bill to establish national centers of excellence for the 
treatment of depressive and bipolar disorders; to the Committee on 
Health, Education, Labor, and Pensions.
  Ms. STABENOW. Mr. President, today I introduced legislation to create 
a national strategy for treating two diseases that affect millions of 
Americans: depression and bipolar disorders. This bill, the 
Establishing a Network of Health-Advancing National Centers of 
Excellence for Depression, or the ENHANCED Act, will establish a 
network of national centers of excellence for the treatment of these 
disabling conditions. My bill would increase the number of people with 
depressive disorders who receive appropriate and evidence-based 
treatment; it would create a national resource to develop and 
disseminate evidence-based interventions, and provide public and 
professional education aimed at eradicating the stigma associated with 
depressive and bipolar disorders.
  Depression and bipolar disorders affect one of every five people in 
the United States and are the leading cause of disability among 
individuals between the ages of 15 and 44. In fact, more Americans 
suffer from depression, bipolar illness and other mood disorders than 
from coronary heart disease and cancer combined.
  Depression can affect anyone, at any age, at any time. It affects 
children, adolescents, and adults. It affects people of all racial, 
ethnic, religious, and socioeconomic levels as well as both sexes. 
Young adults, women of childbearing age, people with chronic medical 
conditions such as diabetes and heart disease, and adults over the age 
of 55 are at especially high risk of depression.
  With medication, psychotherapy, or combined treatment, most people 
with depression and mood disorders can be effectively treated and 
resume productive lives. Yet one-third of those suffering from 
depression--nearly 5 million Americans--do not receive treatment 
because they cannot afford it, do not believe it is needed, are afraid 
of societal judgment, or do not know where to go.
  My bill is based on work done informally by 16 academic research 
institutions across the nation. Led by my own State's University of 
Michigan Depression Center, these comprehensive research and treatment 
centers have joined together to create a network of depression centers 
positioned to take academic research and translate it into practice, 
standardize diagnoses, treat early and more effectively, and prevent 
recurrences of depression and bipolar disorders.
  Currently, there is no direct federal support or coordination of this 
work. Clinicians lack universally accepted multi-disciplinary 
approaches and real-time clinical and care management guidelines. 
Nearly half of all diagnoses of depression and bipolar are missed. And 
tragically, one of the preventable costs of undiagnosed, untreated and 
undertreated depression is suicide. The World Health Organization 
recently reported that suicide causes more deaths around the world 
every year than homicide or war. Across all age groups nationwide, more 
than 90 percent of those who commit suicide have a diagnosable 
psychiatric illness at the time of death: usually depression, alcohol 
abuse or both. Clearly, we need better diagnostic approaches to 
depression in primary care, other medical settings, and mental health 
programs.
  Finally, depression has a significant economic impact on society. The 
estimated total annual cost of depression in the U.S. is $83.1 billion, 
with the majority of costs in the form of reduced productivity, 
absenteeism, and mortality.
  The ENHANCED Act offers us a viable response to a devastating and 
often debilitating disease: it would create a national network with a 
pathway for developing and expanding up to 30 depression centers of 
excellence with a goal of increasing access to the most appropriate and 
evidence-based depression care; it would develop and disseminate 
evidence-based treatment standards, clinical guidelines, and protocols 
to improve accurate and timely diagnosis of depression and bipolar 
disorders; it would expand multidisciplinary, translational, and 
patient-oriented research by fostering the collaboration of academic 
and community-based organizations; and, it would establish a 
sustainable national resource for public and professional education and 
training.
  We need to act now to make effective and evidence-based treatment of 
depressive and bipolar disorders available to the millions of Americans 
suffering from depression.
  I urge my colleagues to join me today to support the ENHANCED Act.
  Mr. President, I ask unanimous consent that letters of support be 
printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                        Mental Health America,

                                 Alexandria, VA, October 13, 2009.
     Hon. Debbie Stabenow,
     Hart Senate Office Building,
     Washington, DC.
       Dear Senator Stabenow: On behalf of Mental Health America 
     (MHA) and our national network of more than 300 affiliates 
     across the United States, I wanted to express our strong 
     support for your legislative proposal to establish national 
     centers of excellence for the treatment of depressive and 
     bipolar disorders.
       Your proposal to create the national network of centers of 
     excellence for depressive and bipolar disorders would enhance 
     the coordination and integration of physical, mental and 
     social care that are so critical to the identification and 
     treatment of depression and other mental disorders across the 
     lifespan. The work of these centers will be an essential 
     component in the dissemination and implementation of 
     evidence-based practices in clinical settings throughout the 
     country.
       The goals of this initiative would be to create improved 
     clinical care guidelines, chronic care coordination, multi-
     disciplinary translational research, and public-private 
     partnerships. Publicly available national databases would be 
     developed and community resources would be leveraged. This 
     initiative would also encourage the use of electronic health 
     records and telehealth technologies to better coordinate, 
     manage, and improve access to care.
       These centers are especially critical at this time given 
     the strong evidence that economic uncertainty and recession 
     increase the rates of psychiatric symptoms and demand for 
     services. Depression is associated with poorer health 
     outcomes and higher health care costs. Rates of depression 
     and suicide--already at a staggering level of nearly 33,000 
     persons a year (roughly twice the number of homicides)--tend 
     to climb during times of economic tumult. Our nation must 
     prioritize the integration and coordination of mental health 
     with general health care.
       As you know, the lack of adequate care coordination for 
     individuals with mental illness makes this population 
     particularly vulnerable. For example, persons with serious 
     mental illness die, on average, 25 years earlier than the 
     general population, mainly due to other co-occurring chronic 
     conditions. This proposal is an important step in an effort 
     to decrease these distressing mortality rates and improve the 
     quality of life for individuals experiencing mental health 
     conditions.
       MHA applauds your work on this important legislative 
     initiative and looks forward to working with you to achieve 
     its enactment at the earliest possible date.
           Sincerely,
                                             David L. Shern, Ph.D,
     President and CEO.
                                  ____

                                          American Association for


                                         Geriatric Psychiatry,

                                    Bethesda, MD, October 6, 2009.
     Hon. Debbie Stabenow,
     U.S. Senate, Hart Senate Office Building,
     Washington, DC.
       Dear Senator Stabenow: On behalf of the American 
     Association for Geriatric Psychiatry (AAGP), I wanted to take 
     this opportunity to express our strong support for your

[[Page S10705]]

     legislative proposal to establish national centers of 
     excellence for the treatment of depressive and bipolar 
     disorders.
       AAGP is a professional membership organization dedicated to 
     promoting the mental health and well being of older Americans 
     and improving the care of those with late-life mental 
     disorders. AAGP's membership consists of approximately 2,000 
     geriatric psychiatrists as well as other health professionals 
     who focus on the mental health problems faced by older 
     adults.
       Of the approximately 32 million Americans who have attained 
     age 65, about five million suffer from depression, yet an 
     astounding number go without treatment. Depression is 
     associated with poorer health outcomes and higher health care 
     costs. Those with depression are more likely to be 
     hospitalized and experience almost twice the number of 
     medical visits than those without depression. Older adults 
     also have the highest rate of suicide in the country, 
     accounting for approximately 20 percent of all suicide 
     deaths; and the suicide rate for those 85 and older is nearly 
     twice the national average.
       The national network of centers of excellence for 
     depressive disorders that would be created by your proposal 
     would enhance the coordination and integration of physical, 
     mental and social care that is so critical to the 
     identification and treatment of depression and other mental 
     disorders across the lifespan. The work of these centers will 
     be an essential component in the dissemination and 
     implementation of evidence-based practices in clinical 
     settings throughout the country.
       We applaud your work on this important legislative 
     initiative and look forward to working with you to achieve 
     its enactment at the earliest possible date.
           Sincerely,
                                     Charles F. Reynolds, III, MD,
     President.
                                  ____

                                               American Academy of


                              Child and Adolescent Psychiatry,

                                                   Washington, DC.
     Hon. Sherrod Brown,
     Russell Senate Office Building,
     Washington, DC.
     Hon. John Kerry,
     Russell Senate Office Building,
     Washington, DC.
     Hon. Kay Bailey Hutchison,
     Russell Senate Office Building,
     Washington, DC.
     Hon. Debbie Stabenow,
     Hart Senate Office Building,
     Washington, DC.
       Dear Senators Brown, Kerry, Hutchison, and Stabenow: On 
     behalf of the American Academy of Child and Adolescent 
     Psychiatry (AACAP), I write to support the ENHANCED Act of 
     2009. The establishment of national centers of excellence for 
     the treatment of depression and bipolar disorder is essential 
     as we move forward with real healthcare reform.
       As child and adolescent psychiatrists, our members are 
     deeply invested in early identification of children with 
     depressive disorders, as well as prevention strategies 
     targeting children at risk. As many as 1 in 33 children and 1 
     in 8 teenagers in the United States have clinical depression. 
     Suicide is the leading cause of death among those between the 
     ages of 15 and 24.
       While many adolescents are diagnosed with a depressive 
     disorder, most go undetected and untreated. Lack of detection 
     leads to social and academic decline, may foster treatment 
     resistance in children, and result in many future problems.
       The AACAP is a medical membership association established 
     by child and adolescent psychiatrists in 1954. Now over 8,000 
     members strong, the AACAP is the leading national medical 
     association dedicated to treating and improving the quality 
     of life for the estimated 14 million American youth under 18 
     years of age who are affected by emotional, behavioral, 
     developmental and mental disorders.
       On behalf of AACAP's members, I commend you for your 
     continued leadership on this issue. We are pleased to support 
     this bill and we look forward to working with you and your 
     staff to ensure its passage. Please contact Kristin Kroeger, 
     Director of Government Affairs, if you have any questions 
     concerning children's mental health issues.
           Sincerely,
                                                Robert L. Hendren,
     President.
                                  ____

                                               American Foundation


                                       for Suicide Prevention,

                                   New York, NY, October 21, 2009.
     Hon. Debbie Stabenow,
     U.S. Senate, Hart Senate Office Building, Washington, DC.
       Dear Senator Stabenow: It is with great enthusiasm that we 
     write to support the ENHANCED Act which would establish a 
     national network of Centers of Excellence for the treatment 
     of a full range of depressive disorders that afflict our 
     population.
       Although depressive disorders are the most common illnesses 
     that lead to disability in our country, there has been little 
     concerted national effort to acknowledge the problem and 
     enhance the treatment. Besides disability, they cause 
     enormous suffering, loss of productivity, difficulty with 
     family, friends and colleagues and can be fatal. As you are 
     aware, suicide is the 11th leading cause of death in this 
     country. Ninety percent of those who die by suicide have a 
     mental disorder and the most common mental disorder is 
     depression. Most people have known someone who has died by 
     suicide. While survivors often recognize that the person was 
     in a great deal of pain and agony, they often do not 
     understand that the person was suffering from a treatable 
     disease. We believe that this legislation can lead to 
     partnerships between organizations like ours and the Centers 
     of Excellence with the goal of reducing suicide. This has 
     been an unrealized national imperative since the National 
     Strategy for Suicide Prevention was issued in 2001.
       Given that there is evidence that depression is under-
     recognized and often inadequately treated, we believe that 
     these Centers of Excellence would provide appropriate and 
     evidence-based treatment. In so doing, they would provide 
     families, the public and professionals with knowledge about 
     theses disorders and help to erase the stigma that exists 
     about them.
       Treating depression requires a great deal of skill in order 
     to provide the best care to each individual. These Centers of 
     Excellence will promote best practices and therefore become 
     national resources for the 35,000,000 people affected with 
     depressive illnesses.
       Given the recent well-documented increase in suicides in 
     the military and returning veterans, it is clear that the 
     country needs an all-out commitment to the education and 
     treatment of these disorders. Thank you again for your work 
     on this bill and please let us know how we can ensure that it 
     becomes law, so that millions of Americans suffering from 
     depressive disorders can recover and live healthy and 
     productive lives.
           Sincerely,
     Robert Gebbia,
       Executive Director.
     Paula J. Clayton,
       Medical Director.
                                 ______
                                 
      By Mr. ROCKEFELLER (for himself, Mr. Cornyn, Mr. Kohl, and Ms. 
        Snowe):
  S. 1859. A bill to reinstate Federal matching of State spending of 
child support incentive payments; to the Committee on Finance.
  Mr. ROCKEFELLER. Mr. President, today, I introduce the Child Support 
Protection Act of 2009; with my colleagues Senators Cornyn, Kohl, and 
Snowe. This bill continues the long-standing, bipartisan support of 
Congress for the Child Support Enforcement program, which began with 
the passage of the authorizing legislation in 1974.
  Child support enforcement is a strong partnership between the Federal 
Government and State governments to help parents provide long term 
support for their children. It includes a network of 60,000 dedicated 
staff serving 17 million children across this country.
  In 2008, paternity was established for 1.8 million children ensuring 
that the legal rights of both the children and their fathers were 
protected; 1.2 million orders for support were also established, 
resulting in $26.6 billion of child support being collected and 
distributed to families. This is an important investment in the future 
of our Nation, our children.
  So, the Child Support Enforcement program's results are impressive 
and it is widely recognized as one of the most effective programs 
operated by the Federal Government. In fact, the program is notable for 
collecting $4.79 for each dollar of expenditure. It is a true bargain 
that works well.
  Child support collections account for 31 percent of the income of 
single parent households, but the program does so much more. It works 
with non-custodial parents who need employment so that they can make 
regular payments. Child support staff also play a critical role in 
times of high joblessness, by processing adjustments to support orders 
so that non-custodial parents do not fall hopelessly behind.
  When Congress passed the Child Support Performance and Incentive Act 
of 1998, CSPIA, it created an innovative incentive program that rewards 
efficient, results-oriented child support enforcement efforts. These 
earned performance incentives must be used for child support 
activities. One of every $4 from State expenditures to fund the child 
support program comes from CSPIA incentives and matched Federal funds. 
The Deficit Reduction Act, DRA, of 2005 repealed the authority to use 
the earned performance incentives as a match for Federal funds. The 
bill we have introduced today reverses the funding reduction imposed by 
the DRA.
  States are using the incentives in a variety of ways. In my State of 
West Virginia, the incentive dollars are being used to invest in 
technology to upgrade services and enhance customer service. Thirty 
States or territories are investing in staff and program operations. 
Sixteen States are investing in

[[Page S10706]]

technology, and three others are investing in customer service 
programs.
  The Child Support Protection Act would give States the authority to 
use earned performance incentives to fund this important work and 
continue the impressive results that are being achieved. This permanent 
reversal is critical so that those in State and local government can 
budget for 2011 and beyond. I urge my colleagues in the Senate to 
cosponsor this much needed legislation that is not only important to 
child support enforcement, but our children, their families, and the 
States.
  Mr. KOHL. Mr. President, I rise with my colleagues, Senators 
Rockefeller, Cornyn and Snowe, in support of the Child Support 
Protection Act. Our bipartisan group has joined together in a fight for 
our states, counties and the people we serve every day. The legislation 
we are introducing today represents a renewed effort in that fight, as 
we work to restore cuts to the child support enforcement program.
  This fight began in 2005 during Senate debate of the Deficit 
Reduction Act, or the DRA. That bill included cuts to the child support 
enforcement program--one of the most effective federal programs and one 
that directly benefits hardworking, single parent families. During 
consideration of the DRA, I joined 75 other Senators in support of a 
resolution rejecting child support funding cuts. But conferees ignored 
the Senate's record, including a provision to prevent states from 
receiving Federal matching funds on incentive payments.
  Before passage of the Deficit Reduction Act, states with high-
performing child support enforcement programs were eligible for 
additional funding. With the limitation included in the final bill, 
however, States like Wisconsin were suddenly penalized for their hard 
work and success. These states saw their child support dollars 
disappear--and were faced with tough budgeting decisions at both the 
state and county levels. Within a year, child support offices in my 
State were forced to lay off workers and many were left with no option 
but to scale back services.
  Congress took a step towards fixing the problem as part of the 
American Recovery and Reinvestment Act. The Recovery bill temporarily 
restored the funding process that was in place before the Deficit 
Reduction Act, and allowed States--for fiscal years 2009 and 2010--to 
draw down much needed Federal matching funds. In Wisconsin, the need 
was so great that some offices used that funding to hire temporary 
staff--to clear case backloads and assist the constituents who have 
been hurt by the funding cuts.
  This is a short term solution--to a problem that Congress created. It 
is time to fix that problem. The economy has left families struggling, 
and child support is a lifeline for many of them. It is time to give 
States and counties the ability to budget beyond the coming year. It is 
time to help the thousands of families who rely on child support 
payments to stay out of poverty and off public assistance. It is time 
for my colleagues to join me in supporting, and to pass, the Child 
Support Enforcement Act.

                          ____________________