[Congressional Record Volume 167, Number 165 (Thursday, September 23, 2021)]
[Senate]
[Pages S6676-S6677]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTION

      By Mr. DURBIN (for himself, Mr. Cassidy, and Ms. Duckworth):
  S. 2834. A bill to amend title XVIII of the Social Security Act to 
preserve access to rehabilitation innovation centers under the Medicare 
program; to the Committee on Finance.
  Mr. DURBIN. Mr. President, October 2--9 days from today--is an 
important date in the life of one of the bravest people I have ever 
met. On October 2, 2005, Army SGT Eric Edmundson was on patrol near the 
Iraq-Syria border when a roadside bomb exploded beneath his armored 
vehicle.
  He survived the blast, but went into cardiac arrest while awaiting 
transport to an American military hospital in Germany. Doctors worked 
for 30 minutes to restore his pulse. They did, but Sergeant Edmundson 
had already suffered severe brain damage from lack of oxygen.
  Doctors told his parents that Eric would spend the rest of his life 
in a vegetative state and that the best thing they could do for him was 
choose a good nursing home. But Eric's family refused to accept that 
fate for him. They searched for the best rehabilitation hospital in 
America, somewhere where Eric could receive the very best medical care 
and make the fullest possible recovery.
  The hospital they chose was the Shirley Ryan AbilityLab in Chicago, 
then known by its original name: the Rehabilitation Institute of 
Chicago.
  I visited him there several times. His family was always there, right 
by his side. I will never forget the time Eric's dad told me, ``Eric 
has a present for you.'' I couldn't imagine what it was. Then I watched 
as that brave soldier stood up from his wheelchair and took several 
halting steps. There wasn't a dry eye in the room.
  Six months after he arrived, I watched Eric Edmundson, in his Army 
dress uniform, walk out of that amazing hospital and into the arms of 
his wife and their 2-year-old daughter.
  I thought of Eric Edmundson and his miraculous recovery when I 
learned earlier this month of the death of Dr. Joanne Smith, a medical 
visionary and the longtime president and CEO of Shirley Ryan 
AbilityLab. She died at home, with her family at her side, after 
battling cancer privately for 5 years. She continued to lead Shirley 
Ryan right up to the end.
  Loretta and I offer our condolences to her husband of 33 years, Rory 
Repicky, their children, Claire and Michael, Joanne's 16 nieces and 
nephews, and her family, colleagues, and friends, who are too numerous 
to count.
  Dr. Joanne Smith was a once-in-a-lifetime leader and a national 
treasure. With her brilliance, determination, and compassion, she 
reinvented the field of physical medicine and rehabilitation. As 
president and CEO of Shirley Ryan AbilityLab, she imagined--and then 
led the drive to create--the world's first-ever ``translational'' 
research hospital for rehabilitation medicine. She pioneered the 
concept of a cutting-edge research facility within a hospital, with 
scientists, innovators, technologists, and clinicians all working 
together to heal patients. Seeing her team work miracles with wounded 
veterans, injured police officers, or stroke survivors made you a 
believer.
  Joanne Smith originally planned to be a nurse but changed her major 
to pre-med after working as a hospital orderly. A chance meeting during 
medical school with a young girl at a free health clinic in Detroit 
changed her life--and the future of rehabilitation medicine.
  The young girl had had both legs amputated because of spina bifida, 
but she had learned to walk using her arms as legs and her hands as 
feet. She was happy. But her mother wanted her to have a more 
``normal'' appearance, so doctors fitted her with a sort of harness 
that included two prosthetic legs and gave her a wheelchair.
  Dr. Smith said it disturbed her to see how a once-happy girl became 
sad and less able as a result of a change in her appearance to fit 
society's biases and expectations. She would spend the rest of her life 
working to discover cures that made patients more able, not less.
  She came to Shirley Ryan, then called the Rehabilitation Institute of 
Chicago, for her residency in 1988, fresh out of medical school, and 
thank goodness, she never left. In 2006, a few years after earning her 
MBA from the University of Chicago, she became president and CEO. At 
that point, the hospital had been ranked at the No. 1 rehabilitation 
hospital in America by U.S. News & World Report for nearly two decades.
  If Joanne Smith had done nothing as president and CEO except more of 
the same, she would have been at the top of her field. But ``more of 
the same'' was not in her makeup. She resolved to create a new model 
for rehabilitation hospitals--the research institute within the 
hospital--so that new discoveries could reach patients in real time.
  The reimagined hospital opened with a new name in 2017. Just 
recently, it was ranked as the best rehabilitation hospital in the 
Nation for the 31st year in a row, a record unmatched by any hospital.
  Physical and rehabilitation medicine is a relatively new field of 
medicine. It began after World War II, with doctors and researchers 
searching for ways to help injured servicemembers regain as much of 
their abilities as possible.
  Today, advanced rehabilitation hospitals such as Shirley Ryan 
AbilityLab work with children and adults with severe, complex 
conditions--from traumatic brain and spinal cord injuries, to 
amputations or serious birth defects, enabling them to live as fully 
and independently as possible. The demand for such medical innovations 
is large and growing.
  The partnership at Shirley Ryan of brilliant doctors and researchers 
working with brave patients has resulted in some breathtaking 
discoveries. In 2006, doctors there outfitted a man with a prosthetic 
arm that he could move with his thoughts. With his thoughts. That 
surgery--the first of its kind in the world--has since helped 
revolutionize treatment for people who have lost limbs.
  More recently, researchers at Shirley Ryan created the world's first 
manual standing wheelchair, that allows users to move while seated or 
standing.
  Shirley Ryan serves more than 50,000 patients year from nearly every 
State and more than 70 countries. It is miraculous, but it is not 
alone. There are a handful of rehabilitation innovation centers like it 
in America. These are the best of the best, cutting-edge research labs 
within world-class hospitals that also prioritize training the next 
generation of doctors and healers.
  My friend, Senator Cassidy of Louisiana, has seen similar miracles at 
TIRR Memorial Hermann, a world-class rehabilitation hospital in 
Houston, TX, where many people from Louisiana and around the world go 
for advanced treatment.
  The discoveries at America's best rehabilitation innovations centers 
are revolutionizing medicine, and they are reaching people far beyond 
their own walls. But making such discoveries and propelling the field 
of rehabilitation medicine forward costs money--more money than these 
nonprofit centers can afford on their own.
  That is why, today, Senator Cassidy and I are reintroducing our 
bipartisan proposal to recognize and support some of America's best 
rehabilitation innovation centers. Our bill does two things. First, it 
directs the Department of Health and Human Services to set criteria for 
such ``rehabilitation innovation centers'' and to share best practices 
and teachings from these institutions with health providers throughout 
the Nation and the world.
  Second, our bill directs HHS to study whether Medicare's existing 
payment system is adequate to support the groundbreaking treatment, 
research, and medical education that is taking place at these 
hospitals.

[[Page S6677]]

  When I first introduced this bill in 2013, I had a different 
Republican cosponsor, Senator Mark Kirk of Illinois. In 2012, Senator 
Kirk suffered a stroke that left him partly paralyzed and unable to 
walk. A year later, after months of grueling work at R.I.C., he was 
able to walk up the 42 steps to this Capitol Building.
  In honor of the doctor whose brilliance and compassion helped 
transform the field of physical and rehabilitation medicine that led to 
the astonishing feat and so many others, Senator Cassidy and I have 
agreed to rename our bill the Dr. Joanne Smith Memorial Rehabilitation 
Innovation Centers Act.
  I will close with this thought from another brave person who helped 
to revolutionize rehabilitation medicine. Christopher Reeve was 
America's Superman in the movies--until he was paralyzed from the 
shoulders down in an equestrian accident in 1995.
  During the last decade of his life, he regained limited movement in 
his arms and legs. He also spent a great deal of time raising awareness 
of and money for the kinds of cutting-edge treatments that are 
pioneered at institutions such as Shirley Ryan.
  In his last public appearance, he spoke at Shirley Ryan. He said, 
``It gets lonely sometimes to [urge people] `Come on, let's take 
reasonable risks. Let's try and be safe--but let's be bold at the same 
time.' ''
  Christopher Reeve said, ``Doctors should take the word `impossible' 
out of their lexicons.''
  That courageous, bold optimism--be safe, but be bold at the same 
time--is what drove Dr. Joanne Smith and what inspires the work at 
America's best rehabilitation centers of innovation. Our bipartisan 
bill, we hope, will help advance their work.
  Mr. President, I ask unanimous consent that the text of the bill be 
printing in the Record.

                                S. 2834

       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 ``Dr. Joanne Smith Memorial 
     Rehabilitation Innovation Centers Act of 2021''.

     SEC. 2. PRESERVING ACCESS TO REHABILITATION INNOVATION 
                   CENTERS UNDER MEDICARE.

       (a) In General.--Section 1886(j)(7)(E) of the Social 
     Security Act (42 U.S.C. 1395ww(j)(7)(E)) is amended--
       (1) by striking ``Public availability of data submitted.--
     The'' and inserting ``Public availability of data 
     submitted.--
       ``(i) In general.--The''; and
       (2) by inserting after clause (i), as redesignated by 
     paragraph (1), the following new clauses:
       ``(ii) Public recognition of rehabilitation innovation 
     centers.--Beginning not later than one year after the date of 
     the enactment of this clause, the Secretary shall make 
     publicly available on such Internet website, in addition to 
     the information required to be reported on such website under 
     clause (i), a list of all rehabilitation innovation centers, 
     and shall update such list on such website not less 
     frequently than biennially. In carrying out the activities 
     under this clause, the Secretary shall disseminate research, 
     best practices, and other clinical information identified or 
     developed by such rehabilitation innovation centers to, as 
     appropriate, Federal agencies, hospitals, health professional 
     organizations, and national and State accreditation bodies.
       ``(iii) Rehabilitation innovation centers defined.--For 
     purposes of clause (ii), the term `rehabilitation innovation 
     centers' means a rehabilitation facility that, as of the 
     applicable date (as defined in clause (v)), is a 
     rehabilitation facility described in clause (iv).
       ``(iv) Rehabilitation facility described.--A rehabilitation 
     facility described in this clause is a rehabilitation 
     facility that--

       ``(I) is classified as a rehabilitation facility under the 
     IRF Rate Setting File for the Inpatient Rehabilitation 
     Facility Prospective Payment System for Federal Fiscal Year 
     2019 (83 Fed. Reg. 38514), or any successor regulations that 
     contain such information;
       ``(II) holds, as of the applicable date at least one 
     Federal rehabilitation research and training designation for 
     research projects on traumatic brain injury or spinal cord 
     injury from the National Institute on Disability, Independent 
     Living, and Rehabilitation Research at the Department of 
     Health and Human Services, based on such data submitted to 
     the Secretary by a facility, in a form, manner, and time 
     frame specified by the Secretary;
       ``(III) submits to the Secretary a description of the 
     clinical research enterprise of the facility and a summary of 
     research activities of the facility that are supported by 
     Federal agencies;
       ``(IV) has a minimum Medicare estimated weight per 
     discharge of 1.20 for the most recent fiscal year for which 
     such information is available according to the IRF Rate 
     Setting File described in subclause (I), or any successor 
     regulations that contain such information; and
       ``(V) has a minimum teaching status of 0.075 for the most 
     recent fiscal year for which such information is available 
     according to the IRF Rate Setting File described in subclause 
     (I), or any successor regulations that contain such 
     information.

       ``(v) Applicable date defined.--For purposes of clauses 
     (iii) and (iv), the term `applicable date' means--

       ``(I) with respect to the initial publication of a list 
     under clause (ii), the date of the enactment of such clause; 
     and
       ``(II) with respect to the publication of an updated list 
     under clause (ii), a date specified by the Secretary that is 
     not more than one year prior to the date of such publication.

       ``(vi) Implementation.--Notwithstanding any other provision 
     of law the Secretary may implement clauses (ii) through (v) 
     by program instruction or otherwise.
       ``(vii) Nonapplication of paperwork reduction act.--Chapter 
     35 of title 44, United States Code, shall not apply to data 
     collected under clauses (ii) through (v).''.
       (b) Report.--Not later than March 15, 2022, the Secretary 
     of Health and Human Services shall submit to Congress a 
     report containing any recommendations for such legislation or 
     administrative action as the Secretary determines appropriate 
     to preserve access to rehabilitation innovation centers (as 
     defined in section 1886(j)(7)(E)(iii) of the Social Security 
     Act, as added by subsection (a)).
                                 ______
                                 
      By Mr. DURBIN (for himself, Mr. Leahy, and Mr. Ossoff):
  S. 2835. A bill to terminate authorizations for the use of military 
force and declarations of war no later than 10 years after the 
enactment of such authorizations or declarations; to the Committee on 
Foreign Relations.
  Mr. DURBIN. 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. 2835

       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 ``Accountability for Endless 
     Wars Act of 2021''.

     SEC. 2. TERMINATION OF AUTHORIZATIONS FOR THE USE OF MILITARY 
                   FORCE AND DECLARATIONS OF WAR.

       (a) Future Authorizations for the Use of Military Force and 
     Declarations of War.--Any authorization for the use of 
     military force or declaration of war enacted into law after 
     the date of enactment of this Act shall terminate on the date 
     that is 10 years after the date of enactment of such 
     authorization or declaration.
       (b) Existing Authorizations for the Use of Military Force 
     and Declarations of War.--Any authorization for the use of 
     military force or declaration of war enacted before the date 
     of the enactment of this Act shall terminate on the date that 
     is 6 months after the date of such enactment.

                          ____________________