[Congressional Record Volume 157, Number 170 (Tuesday, November 8, 2011)]
[Senate]
[Pages S7189-S7194]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. KOHL (for himself and Ms. Mikulski).
  S. 1819. A bill to amend the Older Americans Act of 1965 to improve 
programs and services; to the Committee on Health, Education, Labor, 
and Pensions.
  Mr. KOHL. 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. 1819

       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 ``Strengthening Services for 
     America's Seniors Act''.

     SEC. 2. STANDARDIZED ASSESSMENT OF NEEDS OF FAMILY 
                   CAREGIVERS.

       (a) In General.--Section 373 (42 U.S.C. 3030s-1) is 
     amended--
       (1) by redesignating subsections (b) through (g) as 
     subsections (c) through (h), respectively;
       (2) in subsection (d), as so redesignated, by striking 
     ``subsection (b)'' and inserting ``subsection (c)'';
       (3) in subsection (e), as so redesignated, by striking 
     ``subsection (b)'' and inserting ``subsection (c)''; and
       (4) by inserting after subsection (a) the following:
       ``(b) Assessment Program of Needs of Family Caregivers.--
       ``(1) In general.--The Assistant Secretary may make grants 
     to States to establish a program, in accordance with the 
     program requirements described in paragraph (5), to assess 
     the needs of family caregivers for targeted support services 
     described in paragraph (5)(C).
       ``(2) Application by states.--Each State seeking a grant 
     under this subsection shall submit an application to the 
     Assistant Secretary at such time, in such manner, and 
     containing such information and assurances as the Assistant 
     Secretary determines appropriate.
       ``(3) Grant amount.--The amount of a grant to a State under 
     this subsection shall be determined according to such 
     methodology as the Assistant Secretary determines 
     appropriate.
       ``(4) Program administration.--A State receiving a grant 
     under this subsection may enter into an agreement with area 
     agencies on aging in the State, or an Aging and Disability 
     Resource Center in the State, to administer the program, 
     using such grant funds.
       ``(5) Program requirements.--
       ``(A) Standardized assessment.--Assessments under a program 
     established under paragraph (1)--
       ``(i) shall be conducted by social workers, care managers, 
     nurses, or other appropriate professionals; and
       ``(ii)(I) shall be conducted with a standardized instrument 
     to identify family caregiver needs; and
       ``(II) in a State in which an area agency on aging or an 
     Aging and Disability Resource Center is using such an 
     instrument on the date of enactment of the Strengthening 
     Services for America's Seniors Act, may continue to be 
     conducted with that instrument.
       ``(B) Questionnaire.--
       ``(i) In general.--Subject to clause (ii), assessments 
     under a program established as described in paragraph (1) 
     shall include asking the family caregiver relevant questions 
     in order to determine whether the family caregiver would 
     benefit from any targeted support services described in 
     subparagraph (C).
       ``(ii) Completion on a voluntary basis.--The answering of 
     questions under clause (i) by a family caregiver shall be on 
     a voluntary basis.
       ``(iii) Addressing diverse caregiver needs and 
     preferences.--The questionnaire under this subparagraph shall 
     be designed in a manner that accounts for, and aims to 
     ascertain, the varying needs and preferences of family 
     caregivers, based on the range of their capabilities, 
     caregiving experience, and other relevant personal 
     characteristics and circumstances.
       ``(C) Targeted support services described.--The following 
     targeted support services are described in this subparagraph:
       ``(i) Information and assistance (including brochures and 
     online resources for researching a disease or disability or 
     for learning and managing a regular caregiving role, new 
     technologies that can assist family caregivers, and practical 
     assistance for locating services).
       ``(ii) Individual counseling (including advice and 
     consultation sessions to bolster emotional support for the 
     family caregiver to make well-informed decisions about how to 
     cope with caregiver strain).
       ``(iii) Support groups, including groups which provide help 
     for family caregivers to--

       ``(I) locate a support group either locally or online to 
     share experiences and reduce isolation;
       ``(II) make well-informed caregiving decisions; and
       ``(III) reduce isolation.

       ``(iv) Education and training (including workshops and 
     other resources available with information about stress 
     management, self-care to maintain good physical and mental 
     health, understanding and communicating with individuals with 
     dementia, medication management, normal aging processes, 
     change in disease and disability, the role of assistive 
     technologies, and other relevant topics).
       ``(v) Respite care and emergency back-up services 
     (including short-term in-home care services that gives the 
     family caregiver a break from providing such care).
       ``(vi) Chore services (such as house cleaning) to assist 
     the individual receiving care.
       ``(vii) Personal care (including outside help) to assist 
     the individual receiving care.
       ``(viii) Legal and financial planning and consultation 
     (including advice and counseling regarding long-term care 
     planning, estate planning, powers of attorney, community 
     property laws, tax advice, employment leave advice, advance 
     directives, and end-of-life care).
       ``(ix) Transportation (including transportation to medical 
     appointments) to assist the individual receiving care.
       ``(x) Other targeted support services, as determined 
     appropriate by the State agency and approved by the Assistant 
     Secretary.
       ``(D) Referrals.--In the case where a questionnaire 
     completed by a family caregiver under subparagraph (B) 
     indicates that the family caregiver would benefit from 1 or 
     more of the targeted support services described in 
     subparagraph (C), the agency administering the program shall 
     provide referrals to the family caregiver for State, local, 
     and private-sector caregiver programs and other resources 
     that provide such targeted support services to such 
     caregivers.
       ``(E) Targeting and timing of assessments.--Assessments 
     under the program established under paragraph (1) may be 
     conducted--
       ``(i) when an individual who is being assisted by a family 
     caregiver transitions from one care setting to another;
       ``(ii) upon referral from a social worker, care manager, 
     nurse, physician, or other appropriate professional; or

[[Page S7190]]

       ``(iii) according to circumstances determined by the State 
     and approved by the Assistant Secretary.
       ``(F) Coordination with other assessment.--Assessments 
     under the program established under paragraph (1) may be 
     conducted separately or as part of, or in conjunction with, 
     eligibility or other routine assessments of an individual who 
     is being (or is going to be) assisted by a family caregiver.
       ``(G) Followup services.--As the Assistant Secretary 
     determines appropriate, a State with a program described in 
     paragraph (1) shall conduct followup activities with 
     caregivers who have participated in an assessment to 
     determine the status of the caregiver and whether services 
     were provided.
       ``(H) Reporting requirement.--Each State with a program 
     described in paragraph (1) shall periodically submit to the 
     Assistant Secretary a report containing information on the 
     number of caregivers assessed under the program, information 
     on the number of referrals made for targeted support services 
     under the program (disaggregated by type of service), 
     demographic information on caregivers assessed under the 
     program, and other information required by the Assistant 
     Secretary.''.
       (b) Standardized Assessment of Needs of Informal 
     Caregivers.--Section 202 (42 U.S.C. 3012) is amended--
       (1) in subsection (b)(8)--
       (A) in subparagraph (D), by striking ``and'';
       (B) in subparagraph (E), inserting ``and'' after the 
     semicolon at the end; and
       (C) by adding at the end the following:
       ``(F) which may carry out the informal caregiver assessment 
     program described in subsection (g);''; and
       (2) by adding at the end the following:
       ``(g) Standardized Assessment of Needs of Informal 
     Caregivers.--
       ``(1) In general.--Aging and Disability Resource Centers 
     implemented under subsection (b)(8) may carry out an 
     assessment program with respect to informal caregivers and 
     care recipients. Such assessment program shall be modeled on 
     the family caregiver assessment program established under 
     section 373(b).
       ``(2) Definitions.--For purposes of an informal caregiver 
     assessment carried out in accordance with paragraph (1), the 
     following definitions shall apply:
       ``(A) Care recipient.--The term `care recipient' means--
       ``(i) an older individual;
       ``(ii) an individual with a disability; or
       ``(iii) an individual with a special need.
       ``(B) Individual with a special need.--The term `individual 
     with a special need' means an individual who requires care or 
     supervision to--
       ``(i) meet the individual's basic needs;
       ``(ii) prevent physical self-injury or injury to others; or
       ``(iii) avoid placement in an institutional facility.
       ``(C) Informal caregiver.--
       ``(i) In general.--Subject to clause (ii), the term 
     `informal caregiver' means an adult family member, or another 
     individual, who is an informal provider of in-home and 
     community care to a care recipient.
       ``(ii) Alternate definition.--A State that has a State law 
     with an alternate definition of the term `informal caregiver' 
     for purposes of a program described in paragraph (1)) may use 
     that definition (with respect to caregivers for care 
     recipients) for purposes of provisions of this Act that 
     relate to that program, if such alternative definition is 
     broader than the definition in clause (i), and subject to 
     approval by the Assistant Secretary.''.
       (c) Conforming Amendment.--Section 631(b) (42 U.S.C. 3057k-
     11(b)) is amended by striking ``subsections (c), (d), and 
     (e)'' and inserting ``subsections (d), (e), and (f)''.

     SEC. 3. ADVISORY COMMITTEE TO ASSESS, COORDINATE, AND IMPROVE 
                   LEGAL ASSISTANCE ACTIVITIES.

       (a) In General.--Title II of the Older Americans Act of 
     1965 is amended--
       (1) in section 215(j) (42 U.S.C. 3020e-1(j)), by striking 
     ``section 216'' and inserting ``section 217'';
       (2) by redesignating section 216 (42 U.S.C. 3020f) as 
     section 217; and
       (3) by inserting after section 215 (42 U.S.C. 3020e-1) the 
     following:

     ``SEC. 216. ADVISORY COMMITTEE TO ASSESS, COORDINATE, AND 
                   IMPROVE LEGAL ASSISTANCE ACTIVITIES.

       ``(a) Establishment.--There is established an Advisory 
     Committee to Assess, Coordinate, and Improve Legal Assistance 
     Activities (referred to in this section as the `Committee').
       ``(b) Membership.--
       ``(1) Composition.--The Committee shall be composed of 9 
     members--
       ``(A) with expertise with existing State legal assistance 
     development programs carried out under section 731 and 
     providers of State legal assistance under subtitle B of title 
     III and title IV; and
       ``(B) of whom--
       ``(i) 6 individuals shall be appointed by the Assistant 
     Secretary--

       ``(I) 1 of whom shall be a consumer advocate;
       ``(II) 1 of whom shall be a professional advocate from a 
     State agency or State Legal Services Developer; and
       ``(III) 4 of whom shall be representatives from 
     collaborating organizations under the National Legal Resource 
     Center of the Administration; and

       ``(ii) 3 individuals shall be appointed by the Comptroller 
     General of the United States.
       ``(2) Date.--The appointments of the members of the 
     Committee shall be made not later than 9 months after the 
     date of enactment of the Strengthening Services for America's 
     Seniors Act.
       ``(3) Period of appointment; vacancies.--Members shall be 
     appointed for the life of the Committee. Any vacancy in the 
     Committee shall not affect its powers, but shall be filled in 
     the same manner as the original appointment.
       ``(4) Chairperson and vice chairperson.--The Committee 
     shall select a Chairperson and Vice Chairperson from among 
     its members.
       ``(c) Initial Meeting.--The Committee shall hold its first 
     meeting not later than 9 months after the date of enactment 
     of the Strengthening Services for America's Seniors Act.
       ``(d) Duties of the Committee.--
       ``(1) Definition.--In this subsection, the term `assistance 
     activities' includes--
       ``(A) legal assistance made available to older individuals 
     in social or economic need under this Act;
       ``(B) activities of the National Legal Resource Center 
     carried out under section 420(a);
       ``(C) State legal assistance developer activities carried 
     out under section 731; and
       ``(D) any other directly related activity or program as 
     determined appropriate by the Assistant Secretary.
       ``(2) Study.--
       ``(A) In general.--The Committee shall design, implement, 
     and analyze results of a study of--
       ``(i) the extent to which State leadership is provided 
     through the State legal assistance developer in States to 
     enhance the coordination and effectiveness of legal 
     assistance activities across the State;
       ``(ii) the extent to which--

       ``(I) there is data collection and reporting of information 
     by legal assistance providers in States;
       ``(II) there is uniform statewide reporting among States; 
     and
       ``(III) the value and impact of services provided is being 
     captured at the State or local level; and

       ``(iii) the mechanisms to organize and promote legal 
     assistance development and services to best meet the needs of 
     older individuals with greatest social and economic need.
       ``(B) Considerations.--In carrying out subparagraph (A)(i), 
     particular attention shall be given to--
       ``(i) State leadership on targeting limited legal resources 
     to older individuals in greatest social and economic need; 
     and
       ``(ii) State leadership on establishing priority legal 
     issue areas in accordance with section 307(a)(11)(E).
       ``(3) Recommendations.--After completion and analysis of 
     study results under paragraph (2), the Committee shall 
     develop recommendations for the establishment of guidelines 
     for--
       ``(A) enhancing the leadership capacity of the State legal 
     assistance developers to carry out statewide coordinated 
     legal assistance service delivery, with particular focus on 
     enhancing leadership capacity to--
       ``(i) target limited legal resources to older individuals 
     in greatest social and economic need; and
       ``(ii) establish priority legal issue areas in accord with 
     priorities set forth in section 307(a)(11)(E);
       ``(B) developing a uniform national data collection system 
     to be implemented in all States on legal assistance 
     development and services; and
       ``(C) identifying mechanisms for organizing and promoting 
     legal assistance activities to provide the highest quality, 
     impact, and effectiveness to older individuals with the 
     greatest social and economic need.
       ``(4) Report.--Not later than 1 years after the date of the 
     establishment of the Committee, the Committee shall submit to 
     the President, Congress, and the Assistant Secretary a report 
     that contains a detailed statement of the findings and 
     conclusions of the Committee, together with the 
     recommendations described in paragraph (3).
       ``(e) Duties of the Assistant Secretary.--Not later than 
     180 days after receiving the report described in subsection 
     (d)(4), the Assistant Secretary shall issue regulations or 
     guidance, taking into consideration the recommendations 
     described in subsection (d)(3).
       ``(f) Powers.--
       ``(1) Information from federal agencies.--The Committee may 
     secure directly from any Federal department or agency such 
     information as the Committee considers necessary to carry out 
     the provisions of this section. Upon request of the 
     Committee, the head of such department or agency shall 
     furnish such information to the Committee.
       ``(2) Postal services.--The Committee may use the United 
     States mails in the same manner and under the same conditions 
     as other departments and agencies of the Federal Government.
       ``(g) Personnel and Administration.--
       ``(1) Travel expenses.--The members of the Committee shall 
     not receive compensation for the performance of services for 
     the Committee, but shall be allowed travel expenses, 
     including per diem in lieu of subsistence, at rates 
     authorized for employees of agencies under subchapter I of 
     chapter 57 of title 5, United States Code, while away from 
     their homes or regular places of business in the performance 
     of services for the Committee. Notwithstanding section 1342 
     of title 31, United States Code, the Secretary may

[[Page S7191]]

     accept the voluntary and uncompensated services of members of 
     the Committee.
       ``(2) Detail of government employees.--Any Federal 
     Government employee may be detailed to the Committee without 
     reimbursement, and such detail shall be without interruption 
     or loss of civil service status or privilege.
       ``(3) Administrative and support services.--The Assistant 
     Secretary shall provide administrative and support services 
     to the Committee.
       ``(4) Procurement of temporary and intermittent services.--
     The Chairman of the Committee may procure temporary and 
     intermittent services under section 3109(b) of title 5, 
     United States Code, at rates for individuals that do not 
     exceed the daily equivalent of the annual rate of basic pay 
     prescribed for level V of the Executive Schedule under 
     section 5316 of such title.
       ``(h) Exemption From Termination Requirements.--Section 14 
     of the Federal Advisory Committee Act shall not apply to the 
     Committee.''.
       (b) Authorization of Appropriations.--Section 217 of the 
     Older Americans Act of 1965, as redesignated by subsection 
     (a), is amended by adding at the end the following:
       ``(d) Advisory Committee to Assess, Coordinate, and Improve 
     Legal Assistance Activities.--There is authorized to be 
     appropriated to carry out section 216, $300,000 for fiscal 
     year 2012.''.

     SEC. 4. IMPROVING THE STATE LONG-TERM CARE OMBUDSMAN 
                   PROGRAMS.

       (a) National Ombudsman Resource Center.--Section 
     202(a)(18)(B) of the Older Americans Act of 1965 (42 U.S.C. 
     3012(a)(18)(B)) is amended by striking ``make available'' and 
     all that follows and inserting ``reserve and provide, for the 
     funding of the National Ombudsman Resource Center (which may 
     include enabling the center to collaborate and participate 
     with the Centers for Medicare & Medicaid Services in 
     providing training for State survey agencies with an 
     agreement in effect under section 1864 of the Social Security 
     Act (42 U.S.C. 1395aa) or, in the case of States without such 
     an agency, work with the Administrator for the Centers for 
     Medicare & Medicaid Services to improve the investigative 
     processes used by the center to address complaints by 
     residents of long-term care facilities)--
       ``(i) for fiscal year 2012, not less than $2,000,000; and
       ``(ii) for each subsequent fiscal year, not less than the 
     sum of--

       ``(I) $100,000; and
       ``(II) the amount made available under this subparagraph 
     for the fiscal year preceding the year for which the sum is 
     determined;''.

       (b) Functions of Program.--
       (1) Private and unimpeded access to ombudsman services.--
     Section 712(b)(1)(A) of the Older Americans Act of 1965 (42 
     U.S.C. 3058g(b)(1)(A)) is amended by striking ``access'' and 
     inserting ``private and unimpeded access''.
       (2) Ombudsman development of resident and family 
     councils.--Section 712(a)(3)(H)(iii) of such Act (42 U.S.C. 
     3058g(a)(3)(H)(iii)) is amended by striking ``provide 
     technical support for'' and inserting ``actively encourage 
     and assist in''.
       (3) Local entity development of resident and family 
     councils.--Section 712(a)(5)(B)(vi) of such Act (42 U.S.C. 
     3058g(a)(5)(B)(vi)) is amended by striking ``support'' and 
     inserting ``actively encourage and assist in''.
       (c) Ombudsman Authority With Respect to HIPAA.--Section 
     712(b) of the Older Americans Act of 1965 (42 U.S.C. 
     3058g(b)) is amended--
       (1) in paragraph (1)(B)(i) by striking ``the medical and 
     social records of a'' and inserting ``all records concerning 
     a''; and
       (2) by adding at the end the following:
       ``(3) For purposes of section 264(c) of the Health 
     Insurance Portability and Accountability Act of 1996 
     (including regulations issued under that section) (42 U.S.C. 
     1320d-2 note), the Ombudsman and a representative of the 
     Office shall be considered a `health oversight agency,' so 
     that release of residents' individually identifiable health 
     information to the Ombudsman or representative is not 
     precluded in cases in which the requirements of clause (i) or 
     (ii) of paragraph (1)(B) are otherwise met.''.
       (d) Disclosure and Confidentiality.--Section 712(d) of the 
     Older Americans Act of 1965 (42 U.S.C. 3058g(d)) is amended--
       (1) in paragraph (1), by striking ``files'' and inserting 
     ``information''; and
       (2) in paragraph (2)--
       (A) in the paragraph heading, by striking ``Identity of 
     complainant or resident'' and inserting ``Procedures'';
       (B) in subparagraph (A)--
       (i) by striking ``files or records'' the first place it 
     appears and inserting ``information (including files or 
     records)''; and
       (ii) by striking ``disclose'' and all that follows and 
     inserting ``disclose such information);'';
       (C) in subparagraph (B)--
       (i) in the matter preceding clause (i), by striking ``files 
     or records'' and inserting ``information''; and
       (ii) in clause (iii), by striking the period and inserting 
     ``; and''; and
       (D) by adding at the end the following:
       ``(C) require that the Ombudsman and each representative of 
     the Office hold in strict confidence all communications with 
     individuals seeking assistance under this Act, and take all 
     reasonable steps to safeguard the confidentiality of 
     information provided to the Ombudsman or a representative of 
     the Office under this title by a complainant or resident.''.
                                 ______
                                 
      By Mr. BLUNT (for himself and Mrs. Gillibrand):
  S. 1823. A bill to amend title 38, United States Code, to provide for 
employment and reemployment rights for certain individuals ordered to 
full-time National Guard duty, and for other purposes; to the Committee 
on Veterans' Affairs.
  Mr. BLUNT. Mr. President, I join with my friend from New York to 
discuss the needs of our National Guard. We are introducing two 
important pieces of legislation today that I believe will help address 
those needs.
  I have always been a strong supporter of our brave men and women of 
the Missouri National Guard, who contribute greatly to the safety and 
security of our country. Those who serve or who have served deserve 
America's deepest respect and must receive the resources they need when 
they come home.
  Since the events of September 11, 2001, the men and women of the 
Missouri National Guard have answered the call of our Nation by 
volunteering to go into harm's way. Many of our soldiers and airmen in 
the National Guard have been deployed numerous times, working and 
training side by side with our active duty members. As you can imagine, 
multiple deployments take a toll on both our guardsmen and women and 
their families.
  The Missouri National Guard is an emergency response force for 
disasters readiness and relief. They have responded to a wide range of 
State and national emergencies including flooding, tornadoes and even 
hurricanes on the Gulf Coast. During the historic floods this summer, 
the Missouri Guard had more than 600 guardsmen serving 14 counties 
across Missouri to assist with flood relief. After the devastating 
tornado in Joplin, MO, the 1-138 Infantry Regiment helped to remove 
debris and assisted in gathering and provided information for those 
seeking local, State and Federal resources. Members of 1139 Military 
Police Battalion helped to aid law enforcement officers with traffic 
control and security.
  As part of their Federal mission, from 2008-2009 our Missouri 
National Guard deployed more than 1,000 citizen-soldiers to Kosovo, and 
in 2009 we deployed 2,352 soldiers and 1,670 Airmen to support overseas 
contingency operations in Iraq and Afghanistan. Currently 1,101 
Missouri Guardsmen are deployed. After serving admirably in their 
tours, our Guardsmen and women return home, yet they do not always 
receive the resources they need to provide for themselves and their 
families. The National Guard Outreach Act of 2011, introduced by 
Senator Gillibrand, will help to correct this deficiency.
  The active Army health plans only cover service men and women for 6 
months after they have returned from their deployments. For many, this 
time period is spent simply adjusting back to civilian life. Studies 
show the real stress of combat and separation from one's family takes 
its toll on our service members and their loved ones for up to two 
years after they return home. Over the past several years, Congress has 
extended the coverage for returning National Guard soldiers with money 
from Overseas Contingency Operations funding, better known around here 
as supplementals. Since this funding is being normalized, I believe 
it's important that we continue to provide for the needs of our 
returning citizen-soldiers.
  The National Guard Outreach Act of 2011 would help to provide those 
returning home with secure health services, marriage and financial 
counseling, substance abuse treatment and other services necessary to 
aid in a smooth transition for those returning home from Iraq and 
Afghanistan. Undiagnosed illnesses, left untreated, have long-lasting 
social, emotional and financial impacts long after service members are 
reintegrated into a community. Many Guardsmen and women today lack 
health insurance and go without health care as well as behavioral 
health care. I thank Senator Gillibrand for introducing this 
legislation and for working with me on the bill.
  I am also introducing the National Guard Employment Protection Act of 
2011 to amend the Uniformed Services Employment and Reemployment Rights 
Act of 1994, USERRA, to authorize the Secretary of Defense to include

[[Page S7192]]

Full Time National Guard Duty for possible exemption from the USERRA 5-
year limit on service. These exemptions cover service during a time of 
war or national emergency, support of missions where others have been 
ordered to duty under an involuntary call-up authority, and for other 
critical missions or requirements.
  Usually, certain types of active duty service are exempted from the 
five-year reemployment limit under USERRA. However, the needs of today 
have left our Guardsmen and women performing duties which are not 
covered under the USERRA, forcing Guard units to return to duty much 
sooner than usual. This, in turn, keeps service members away for longer 
periods of time, often beyond the 5-year limit. When National Guardsmen 
and women are working side by side with their Active Duty counterparts 
supporting critical active duty missions, they should not be forced to 
decide between keeping their civilian jobs and supporting critical 
national security missions.
  At no time in America's history has the National Guard played such a 
critical role in the defense and security of our homeland, both as 
partners with our active forces and allies on the continuing War on 
Terror and as a critical component of homeland emergency preparedness 
and disaster response. We must make sure all of our Nation's heroes can 
fulfill their missions without worrying about supporting their families 
when returning home.
  As a Nation, we must honor our men and women in uniform, providing 
them with the resources they need, both in combat and when they return 
home to their families and civilian lives. This is why I am proud to 
play a lead role in supporting the National Guard Employment Protection 
Act of 2011 and the National Guard Outreach Act.
                                 ______
                                 
      By Mr. WYDEN (for himself, Mr. Carper, and Mr. Casey):
  S. 1826. A bill to provide for the availability of self-employment 
assistance to individuals receiving extended compensation or emergency 
unemployment compensation; to the Committee on Finance.
  Mr. WYDEN. Mr. President, I rise today on behalf of myself, Senator 
Carper and Senator Casey to introduce the Startup Technical Assistance 
for Reemployment Training and Unemployment Prevention Act of 2011, or 
the STARTUP Act. This bill would allow unemployed Americans to use the 
unemployment insurance, UI, system to create jobs for themselves and 
for others.
  In too many cases, the current unemployment assistance programs allow 
the experience and expertise of America's unemployed workers to sit on 
the sidelines. The STARTUP Act promotes an alternative approach that 
gives the unemployed the ability to start their own businesses and get 
in the game, self-employment assistance, SEA.
  In Oregon, we have got this program up and running and think other 
states should be encouraged to do the same. By failing to take 
advantage of self-employment assistance, we are missing an opportunity 
to not only help currently unemployed workers but also to help our 
economy grow and create more jobs. I know this program works, its 
record in Oregon is strong and can be found in letters and testimony 
from individuals who have used the program.
  Take, for example, software developers Adam Lowry and Michael 
Richardson who joined the ranks of the unemployed when the tech startup 
they worked at went under in 2009. With little capital, they turned to 
Oregon's self-employment assistance program which allowed them to draw 
unemployment benefits while they and two friends launched the mobile 
software development company Urban Airship, which is now one of the 
best-known technology startups to emerge in Oregon in recent years. 
Just yesterday, Urban Airship announced $15.1 million in strategic 
investment from Salesforce.com and Verizon, among others. Last week an 
additional acquisition brought the company's total payroll to 51 
employees and an additional 22 open positions. At the root of Urban 
Airship's success are four entrepreneurial-minded individuals and a 
jump start from self-employment assistance.
  Expanding self-employment assistance is a creative way to use the 
current unemployment insurance structure to create new businesses and 
additional jobs beyond that of the immediate beneficiary. We often talk 
about the benefits of small businesses in this country, yet our 
unemployment insurance programs actually prevent aspiring entrepreneurs 
from putting their ideas to work. Under the unemployment insurance 
systems in most states, if you stop looking for a job or you turn down 
a job, you lose your unemployment benefit even if you are working to 
start your own business. States with active self-employment assistance 
programs, like Oregon, allow a small percent of the unemployed to focus 
full time on starting their own business while drawing down their 
unemployment benefits in the form of self-employment assistance. Anyone 
who has started a new business knows that getting it off the ground is 
a full time job in and of itself, and allowing would-be UI recipients 
to focus full-time on their new business vastly increases their 
likelihood of success. Rather than rely on others to create jobs for 
them, self-employment assistance allows determined entrepreneurs to 
create jobs for themselves and others.
  The President's proposal in the American Jobs Act is a step in the 
right direction; it allows states to quickly enter into an agreement 
with the Department of Labor and allow the long-term unemployed, those 
on extended unemployment compensation, to draw down their UI benefits 
in the form of self-employment assistance. However, this does little to 
encourage states to make self-employment assistance a part of their 
permanent strategy. We must be more far-sighted. We ought to provide 
states with a little assistance so that they can start self-employment 
programs of their own, not just for periods of extended unemployment 
compensation.
  I want to be clear: this is no giveaway. In order to get this 
benefit, unemployed workers have to meet the same wage and hour 
requirements as they would to receive UI and they must prove they have 
a viable business plan. The beneficiaries of self-employment assistance 
really have something to offer, they have solid work experience and 
solid ideas; and put into action, that combination can snowball into a 
successful business with multiple employees.
  There are 2.5 million micro businesses in the U.S., representing 88 
percent of all businesses. They generate $2.4 trillion in receipts, 
account for 17 percent of GDP, and employ more than 13 million people. 
If one out of every three of these businesses hired just one additional 
employee, the U.S. economy would achieve full employment. Expanding 
self-employment assistance helps us get there.
  A study by the Department of Labor found that self-employment 
participants were 19 times more likely than eligible non-participants 
to be self-employed at some point after being unemployed. Moreover, 
they were four times more likely to obtain employment of any kind. The 
average cost to create each of those jobs is $3,350. According to 
estimates from Princeton economist and former Federal Reserve Board 
Vice Chairman Alan Blinder, it takes about $93,000 worth of garden-
variety fiscal stimulus to create an average job. It is not hard to see 
that job creation through SEA is an incredible bargain.
  This program has been creating jobs and businesses in Oregon for 
nearly two decades. Earlier this year, Pat Sanderlin, who coordinates 
Oregon's program, conducted an informal ``census'' of enrollees since 
2004. He found that 77 percent of businesses started by SEA 
beneficiaries are still up and running. According to Mr. Sanderlin, the 
companies' combined annual payroll totals $7,888,210.
  Despite widespread support for self-employment and entrepreneurial 
programs, only a handful of states offer SEA, and those that do take 
advantage of it typically administer benefits to a small share of the 
unemployed. Only about 2,400 Oregonians have used the program since its 
inception in 1995. Though states currently have the option of taking 
advantage of self-employment assistance, the administrative costs to 
start a new program often prevent them from doing so. Because Federal 
law prevents self-employment benefits from being paid out while an 
individual is in a period of extended unemployment, the long-term 
unemployed cannot take advantage of the program.

[[Page S7193]]

  The STARTUP Act encourages states to utilize self-employment 
assistance by: allowing the long-term unemployed who remain eligible 
for regular or extended unemployment benefits to draw down those 
benefits in the form of self-employment assistance; providing technical 
assistance and model language from the Department of Labor for states 
that create new self-employment programs; and providing financial 
assistance to aid states in establishing, implementing, improving and/
or administering self-employment programs.
  Self-employment benefits can serve as a guaranteed source of startup 
capital for businesses. And unlike traditional unemployment insurance, 
workers who successfully exit this program by starting their own 
business can create more new jobs as business expands. When 
unemployment is high and workers face extended periods of joblessness, 
this is exactly the type of program we should embrace.
  I encourage my colleagues to support this legislation to expand self-
employment assistance programs so that more unemployed workers have an 
opportunity to create jobs for themselves and for others.
                                 ______
                                 
      By Mr. KERRY:
  S. 1828. A bill to increase small business lending, and for other 
purposes; to the Committee on Small Business and Entrepreneurship.
  Mr. KERRY. Mr. President, once again, too many of our Nation's small 
businesses are facing difficulty in gaining access to capital. That is 
why today I am introducing the Increasing Small Business Lending Act to 
increase access to capital for our Nation's small businesses to help 
them sustain and build their businesses, create jobs and expand our 
economy.
  In October 2008, markets froze. Credit lines were cut. A lending gap 
was created in the market. Even Small Business Administration 
guaranteed loans, that help reduce risk for lenders, were stalled. 
Congress stepped up and enacted temporary measures to help fill the 
gaps in small business lending, saving nearly 90,000 small businesses.
  One such business is LazerCraze in North Andover, Massachusetts that 
received an SBA loan to expand to a second location and purchase state-
of-the-art equipment that allowed them to hire an additional 37 full 
time employees.
  SBA, administrator Karen Mills has said that the previous temporary 
changes to the SBA loan programs were a success, ``In short, it worked. 
We engineered a turnaround in SBA lending even though conventional 
credit was, and still is to some extent, very tight. Taxpayers got a 
big bang for the buck. With just over a billion dollars in total 
subsidy, we supported about $42 billion in lending. In fact, SBA had 
its highest-ever weekly loan volume the week before Christmas when we 
supported nearly 2 billion dollars in lending, 10 billion total last 
quarter. Here is the headline: overall, that is nearly 90,000 small 
businesses that are not surviving this recession, but growing and 
creating jobs.
  Unfortunately, the temporary small business loan provisions ran out 
of funding in January 2011, ahead of the authorization which expired in 
March 2011. Since then, small business lending has declined, making it 
more difficult for small businesses to create jobs and for our economy 
to emerge from our economic downturn.
  The legislation I am introducing today is similar to the Small 
Business Lending Market Stabilization Act, which I introduced in 2008 
that was included in both the American Recovery and Reinvestment Act of 
2009, P.L. 111-5, and extended in the Small Business jobs Act, P.L. 
111-240. The Increasing Small Business Lending, Act will eliminate for 
one year the fees for 7(a) and 504 Small Business Administration loans 
and increase SBA loan guarantee of 90 percent, policies that were 
started as part of the American Recovery and Reinvestment Act and 
extended in the Small Business Jobs Act.
  According to the SBA, total small business loans outstanding, loans 
under $1 million, actually declined during the first half of 2011 after 
the temporary provisions ended. Loans outstanding to small businesses 
at the end of the second quarter totaled only $607 billion, which is 
the slowest since the economic downturn began in 2008.
  We can't afford to have our economic progress reversed by a decline 
in access to capital for small businesses. Since the increased 
guarantee and reduced fees have expired, our economic recovery could be 
impeded if we don't act to continue the policies that we know work. By 
extending key provisions to bolster access to capital, small businesses 
will have the assurance and support they need to put their innovative 
ideas into practice and get more Americans back to work.
  My legislation will complement the existing Small Business Lending 
Fund that encourages lending to small businesses through smaller 
community banks. Small businesses are the backbone of our economy and I 
ask all Senators to support job growth and small businesses by 
supporting this legislation.
                                 ______
                                 
      By Mr. WHITEHOUSE (for himself, Mr. Levin, Mr. Begich, Mr. 
        Franken, Mr. Reed, Mr. Durbin, Mr. Sanders. and Mr. Merkley):
  S. 1829. A bill to amend the Truth in Lending Act to empower the 
States to set the maximum annual percentage rates applicable to 
consumer credit transactions, and for other purposes; to the Committee 
on Banking, Housing, and Urban Affairs.
  Mr. WHITEHOUSE. Mr. President, I was here last week in this Chamber 
to discuss a variety of areas in which the American people are not 
getting a straight deal compared to special interests and folks who 
have a lot of power for themselves and their industries in Washington. 
In that speech I proposed a number of concrete steps we could take to 
help restore the balance of power in our Nation between ordinary 
Americans on the one hand and the giant corporations and special 
interests that give themselves special deals and privileges that the 
American people do not share on the other hand.
  Today I am here to introduce legislation to take one of those steps; 
that is, to protect ordinary consumers from runaway interest rates on 
credit cards from Wall Street banks. This is something that has gone 
unchecked for far too long. In the last Congress we passed two pieces 
of banking legislation. We passed the Credit Card Act, which ended some 
of the worst tricks and traps hidden in credit card contracts, and we 
passed the Dodd-Frank Act, which restructured our system of financial 
regulation and created a new agency to protect consumers from hazardous 
mortgages and credit cards.
  Regrettably, one particularly bad practice was not addressed in 
either of those two pieces of legislation: the runaway credit card 
interest rates with which families are too often burdened. I will add 
it is not just families. I went through Olneyville in Providence about 
2 weeks ago and spoke to a small business owner who was having tough 
times. His bank had pulled his line of credit, so he was having to fund 
his business off his credit card, and they had bumped up his credit 
card rate to--you guessed it--30 percent.
  The Empowering States' Right to Protect Consumers Act, which I am 
introducing today, would pick up where the Credit Card Act and Dodd-
Frank left off by restoring to our 50 sovereign States the power which 
they have properly had through the vast bulk of the history of this 
Republic to protect their home State consumers with limits on credit 
card and other loan interest rates. This is not a new power to States. 
This is not a new principle or idea. This is the restoration of a 
historic States right which was just eliminated a few decades ago.
  When you and I were growing up, a credit card offer with a 20-percent 
or 30-percent interest rate might be something to bring to the 
attention of law enforcement. Such interest rates were illegal under 
most State laws. Today, in contrast, credit card companies routinely 
charge rates of 30 percent or more. We may not know, going through our 
credit card agreement, that is where we are going to end up. They may 
have a teaser rate up front that is a lower rate. But make one of those 
mistakes in that 20-page-long contract that is full of tricks and 
traps, and, pow, there we are at 30 percent.
  What happened between our childhood when a 30-percent interest rate 
was something to bring to the attention of law enforcement, and now, 
when ordinary families are bedeviled

[[Page S7194]]

with 30 percent interest rates on their credit cards? Before 1978--
which is for the first 202 years of the American Republic--each State 
had the ability to enforce usury laws, interest rate limits to protect 
their citizens. Our economy grew and flourished during those two 
centuries, and lenders profited while complying with the laws in effect 
where they operated.
  Then came 1978 and a seemingly uneventful Supreme Court case. It was 
little noticed at the time. It was decided in Marquette National Bank 
of Minneapolis v. First of Omaha Service Corporation. The Supreme Court 
had to decide what State's law to apply when the bank was domiciled in 
one State but the customer lived in a different State.
  The Court looked at the word ``located'' in the National Bank Act of 
1863, and it decided it meant the location of the bank and not the 
location of the customer. They did not get it right away, but it did 
not take long before some big banks spotted the opportunity. They could 
avoid interest rate restrictions by reorganizing as national banks and 
moving to States that had weak interest rate protections and 
comparatively weak consumer protections. The proverbial race to the 
bottom followed as a small handful of States eliminated interest rate 
caps and degraded consumer protection in order to attract lucrative 
credit card business and related tax revenue to their States.
  That is why the credit card divisions of major banks are based in 
just a few States and why consumers in other States are often denied 
protection from outrageous interest rates and fees, even though those 
outrageous interest rates and fees are against the law of the 
consumer's home State.
  My bill would reinstate the historic longstanding powers of States to 
set interest rate caps that protect their own citizens.
  Let me be clear about what this bill would not do. It would not 
prescribe or recommend any interest rate caps nor would it impose any 
other lending limitations. It is pure States rights. It would restore 
to the States the power they enjoyed for over 200 years from the 
founding of the Republic: the power to say enough, the power to say 
that 30 percent or 50 percent or whatever the State deems appropriate 
should be the limit on interest charged to their people.
  The current system is not only unfair to consumers, it is unfair to 
our local lenders and retailers who continue to be bound by the laws of 
the State in which they are located. This is a special privilege for 
big national banks that can move their offices to whatever State will 
give them the best deal in terms of lousy consumer protection and 
unlimited interest rates. A small local lender has to play by the rules 
of fair interest rates. Gigantic credit card companies can avoid having 
any rules at all. We need to level the playing field to eliminate this 
unfair and lucrative advantage for Wall Street banks against our local 
credit unions and other small lenders.

  When we pass this bill, States can dust off or reenact their usury 
statutes--most of which still limit interest rates to 18 percent or 
less--and once again begin protecting their consumers from excessive 
interest rates. This is the historic norm in our constitutional 
Republic. It is the 30-percent and over interest rates that are the 
recent anomaly that are the historic peculiarity. We should go back to 
the historic States rights norm, the way the Founding Fathers saw 
things under the doctrine of federalism and close this modern 
bureaucratic loophole that allows big Wall Street banks a special deal 
to gouge our constituents.
  As I close, I thank Senators Levin, Durbin, Begich, Franken, Reed of 
Rhode Island--most significantly my senior Senator--Sanders, and 
Merkley for their cosponsorship of this bill. In the past, similar 
legislation has garnered bipartisan support. It did so as an amendment 
to Dodd-Frank, and I hope my Republican colleagues will consider giving 
this bill a close look and join with us. This is purely an issue of 
restoring the balance of power to the States and to the people of those 
States as voters--federalism, something I know many Republicans support 
in other contexts.
  I ask all of my colleagues for their consideration and support.

                          ____________________