S62 CONGRESSIONAL RECORD — SENATE January 6, 2009 

allow them to function to the full extent of their State practice licenses. 

Those who need the services of outpatient rehabilitation facilities should 

have access to a wide range of social 

and behavioral science expertise. Clinical psychologists and clinical social 

workers are recognized as independent 

providers of mental health care services under the Federal Employee 

Health Benefits Program, the 

TRICARE Military Health Program of 

the Uniformed Services, the Medicare 

(Part B) Program, and numerous private insurance plans. This legislation 

will ensure that these qualified professionals achieve the same recognition 

under the Medicare comprehensive outpatient rehabilitation facility program. 

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. 56 

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 ‘‘Autonomy 

for Psychologists and Social Workers Act of 

2009’’. 

SEC. 2. REMOVAL OF RESTRICTION THAT A CLINICAL PSYCHOLOGIST OR CLINICAL 

SOCIAL WORKER PROVIDE SERVICES IN A COMPREHENSIVE OUTPATIENT REHABILITATION FACILITY 

TO A PATIENT ONLY UNDER THE 

CARE OF A PHYSICIAN. 

(a) IN GENERAL.—Section 1861(cc)(2)(E) of 

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

1395x(cc)(2)(E)) is amended by striking ‘‘physician’’ and inserting ‘‘physician, except that 

a patient receiving qualified psychologist 

services (as defined in subsection (ii)) may be 

under the care of a clinical psychologist with 

respect to such services to the extent permitted under State law and except that a patient receiving clinical social worker services (as defined in subsection (hh)(2)) may be 

under the care of a clinical social worker 

with respect to such services to the extent 

permitted under State law’’. 

(b) EFFECTIVE DATE.—The amendment 

made by subsection (a) shall apply to services provided on or after January 1, 2010. 

By Mr. INOUYE: 

S. 57. A bill to amend title VII of the 

Public Health Service Act to establish 

a psychology post-doctoral fellowship 

program, and for other purposes; to the 

Committee on Health, Education, 

Labor, and Pensions. 

Mr. INOUYE. Mr. President, today, I 

am reintroducing legislation to amend 

Title VII of the Public Health Service 

Act to establish a psychology post-doctoral program. Psychologists have 

made a unique contribution in reaching 

out to the Nation’s medically underserved populations. Expertise in behavioral science is useful in addressing 

grave concerns such as violence, addiction, mental illness, adolescent and 

child behavioral disorders, and family 

disruption. Establishment of a psychology post-doctoral program could 

be an effective way to find solutions to 

these issues. 

Similar programs supporting additional, specialized training in traditionally underserved settings have 

been successful in retaining participants to serve the same populations. 

For example, mental health professionals who have participated in these 

specialized federally funded programs 

have tended not only to meet their repayment obligations, but have continued to work in the public sector or 

with the underserved. 

While a doctorate in psychology provides broad-based knowledge and mastery in a wide variety of clinical skills, 

specialized post-doctoral fellowship 

programs help to develop particular diagnostic and treatment skills required 

to respond effectively to underserved 

populations. For example, what appears to be poor academic motivation 

in a child recently relocated from 

Southeast Asia might actually reflect 

a cultural value of reserve rather than 

a disinterest in academic learning. 

Specialized assessment skills enable 

the clinician to initiate effective treatment. 

Domestic violence poses a significant 

public health problem and is not just a 

problem for the criminal justice system. Violence against women results in 

thousands of hospitalizations a year. 

Rates of child and spouse abuse in 

rural areas are particularly high, as 

are the rates of alcohol abuse and depression in adolescents. A post-doctoral fellowship program in the psychology of the rural populations could 

be of special benefit in addressing these 

problems. 

Given the demonstrated success and 

effectiveness of specialized training 

programs, it is incumbent upon us to 

encourage participation in post-doctoral fellowships that respond to the 

needs of the Nation’s underserved. 

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. 57 

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 ‘‘Psychologists in the Service of the Public Act of 

2009’’. 

SEC. 2. GRANTS FOR FELLOWSHIPS IN PSYCHOLOGY. 

Part C of title VII of the Public Health 

Service Act (42 U.S.C. 293k et seq.) is amended by adding at the end the following: 

‘‘SEC. 749. GRANTS FOR FELLOWSHIPS IN PSYCHOLOGY. 

‘‘(a) IN GENERAL.—The Secretary shall establish a psychology post-doctoral fellowship 

program to make grants to and enter into 

contracts with eligible entities to encourage 

the provision of psychological training and 

services in underserved treatment areas. 

‘‘(b) ELIGIBLE ENTITIES.— 

‘‘(1) INDIVIDUALS.—In order to receive a 

grant under this section an individual shall 

submit an application to the Secretary at 

such time, in such form, and containing such 

information as the Secretary shall require, 

including a certification that such individual— 

‘‘(A) has received a doctoral degree 

through a graduate program in psychology 

provided by an accredited institution at the 

time such grant is awarded; 

‘‘(B) will provide services to a medically 

underserved population during the period of 

such grant; 

‘‘(C) will comply with the provisions of 

subsection (c); and 

‘‘(D) will provide any other information or 

assurances as the Secretary determines appropriate. 

‘‘(2) INSTITUTIONS.—In order to receive a 

grant or contract under this section, an institution shall submit an application to the 

Secretary at such time, in such form, and 

containing such information as the Secretary shall require, including a certification 

that such institution— 

‘‘(A) is an entity, approved by the State, 

that provides psychological services in medically underserved areas or to medically underserved populations (including entities 

that care for the mentally retarded, mental 

health institutions, and prisons); 

‘‘(B) will use amounts provided to such institution under this section to provide financial assistance in the form of fellowships to 

qualified individuals who meet the requirements of subparagraphs (A) through (C) of 

paragraph (1); 

‘‘(C) will not use more than 10 percent of 

amounts provided under this section to pay 

for the administrative costs of any fellowship programs established with such funds; 

and 

‘‘(D) will provide any other information or 

assurances as the Secretary determines appropriate. 

‘‘(c) CONTINUED PROVISION OF SERVICES.— 

Any individual who receives a grant or fellowship under this section shall certify to 

the Secretary that such individual will continue to provide the type of services for 

which such grant or fellowship is awarded for 

not less than 1 year after the term of the 

grant or fellowship has expired. 

‘‘(d) REGULATIONS.—Not later than 180 days 

after the date of enactment of this section, 

the Secretary shall promulgate regulations 

necessary to carry out this section, including regulations that define the terms ‘medically underserved areas’ and ‘medically underserved populations’. 

‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— 

There are authorized to be appropriated to 

carry out this section $5,000,000 for each of 

the fiscal years 2010 through 2012.’’. 

By Mr. INOUYE: 

S. 58. A bill to amend the Internal 

Revenue Code of 1986 to modify the application of the tonnage tax on vessels 

operating in the dual United States domestic and foreign trades, and for 

other purposes; to the Committee on 

Finance. 

Mr. INOUYE. Mr. Presdient, foreign 

registered ships now carry 97 percent of 

the imports and exports moving in 

United States international trade. 

These foreign vessels are held to lower 

standards than United States registered ships, and are virtually 

untaxed. Their costs of operation are, 

therefore, lower than United States 

ship operating costs, which explains 

their 97 percent market share. 

Three years ago, in order to help 

level the playing field for United 

States-flag ships that compete in international trade, Congress enacted, 

under the American Jobs Creation Act 


wwoods2 on PRODPC68 with SENATE
January 6, 2009 CONGRESSIONAL RECORD — SENATE S63 

of 2004, Public Law 108–357, Subchapter 

R, a ‘‘tonnage tax’’ that is based on the 

tonnage of a vessel, rather than taxing 

international income at a 35 percent 

corporate income tax rate. However, 

during the House and Senate conference, language was included, which 

states that a United States vessel cannot use the tonnage tax on international income if that vessel also operates in United States domestic commerce for more than 30 days per year. 

This 30-day limitation dramatically 

limits the availability of the tonnage 

tax for those United States ships that 

operate in both domestic and international trade and, accordingly, severely hinders their competitiveness in 

foreign commerce. It is important to 

recognize that ships operating in 

United States domestic trade already 

have significant cost disadvantages. 

Specifically, (1) they are built in higher priced United States shipyards; (2) 

do not receive Maritime Security Payments, even when operated in international trade; and (3) are owned by 

United States-based American corporations. The inability of these domestic 

operators to use the tonnage tax for 

their international service is a further, 

unnecessary burden on their competitive position in foreign commerce. 

When windows of opportunity present 

themselves in international trade, 

American tax policy and maritime policy should facilitate the participation 

of these American-built ships. Instead, 

the 30-day limit makes them ineligible 

to use the tonnage tax, and further 

handicaps American vessels when competing for international cargo. Denying 

the tonnage tax to coastwise qualified 

ships further stymies the operation of 

American built ships in international 

commerce, and further exacerbates 

America’s 97 percent reliance on foreign ships to carry its international 

cargo. 

These concerns were of sufficient importance that in December 2006 Congress repealed the 30-day limit on domestic trading but only for approximately 50 ships operating in the Great 

Lakes. These ships primarily operate 

in domestic trade on the Great Lakes, 

but also carry cargo between the 

United States and Canada in international trade (Section 415 of P.L. 109– 

432, the Tax Relief and Health Care Act 

of 2006.) 

The identifiable universe of remaining ships other than the Great Lakes 

ships that operate in domestic trade, 

but that may also operate temporarily 

in international trade, totals 13 United 

States flag vessels. These 13 ships normally operate in domestic trades that 

involve Washington, Oregon, California, Hawaii, Alaska, Florida, Mississippi, and Louisiana. In the interest 

of providing equity to the United 

States corporations that own and operate these 13 vessels, my bill would repeal the tonnage tax 30-day limit on 

domestic operations and enable these 

vessels to utilize the tonnage tax on 

their international income—so they receive the same treatment as other 

United States flag international operators. I stress that, under my bill, these 

ships will continue to pay the normal 

35 percent United States corporate tax 

rate on their domestic income. 

Repeal of the tonnage tax’s 30-day 

limit on domestic operations is a necessary step toward providing tax equity between United States flag and 

foreign flag vessels. I strongly urge the 

tax committees of the Congress to give 

this legislation their expedited consideration and approval. 

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. 58 

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

Congress assembled, 

SECTION 1. MODIFICATION OF THE APPLICATION 

OF THE TONNAGE TAX ON VESSELS 

OPERATING IN THE DUAL UNITED 

STATES DOMESTIC AND FOREIGN 

TRADES. 

(a) IN GENERAL.—Subsection (f) of section 

1355 of the Internal Revenue Code of 1986 (relating to definitions and special rules) is 

amended to read as follows: 

‘‘(f) EFFECT OF OPERATING A QUALIFYING

VESSEL IN THE DUAL UNITED STATES DOMESTIC AND FOREIGN TRADES.—For purposes of 

this subchapter— 

‘‘(1) an electing corporation shall be treated as continuing to use a qualifying vessel in 

the United States foreign trade during any 

period of use in the United States domestic 

trade, and 

‘‘(2) gross income from such United States 

domestic trade shall not be excluded under 

section 1357(a), but shall not be taken into 

account for purposes of section 1353(b)(1)(B) 

or for purposes of section 1356 in connection 

with the application of section 1357 or 1358.’’. 

(b) REGULATORY AUTHORITY FOR ALLOCATION OF CREDITS, INCOME, AND DEDUCTIONS.— 

Section 1358 of the Internal Revenue Code of 

1986 (relating to allocation of credits, income, and deductions) is amended— 

(1) by striking ‘‘in accordance with this 

subsection’’ in subsection (c) and inserting 

‘‘to the extent provided in such regulations 

as may be prescribed by the Secretary’’, and 

(2) by adding at the end the following new 

subsection: 

‘‘(d) REGULATIONS.—The Secretary shall 

prescribe regulations consistent with the 

provisions of this subchapter for the purpose 

of allocating gross income, deductions, and 

credits between or among qualifying shipping activities and other activities of a taxpayer.’’. 

(c) CONFORMING AMENDMENTS.— 

(1) Section 1355(a)(4) of the Internal Revenue Code of 1986 is amended by striking ‘‘exclusively’’. 

(2) Section 1355(b)(1)(B) of such Code is 

amended by striking ‘‘as a qualifying vessel’’ 

and inserting ‘‘in the transportation of goods 

or passengers’’. 

(d) EFFECTIVE DATE.—The amendments 

made by this section shall apply to taxable 

years beginning after the date of the enactment of this Act. 

By Mr. INOUYE: 

S. 59. A bill to amend title VII of the 

Public Health Service Act to make certain graduate programs in professional 

psychology eligible to participate in 

various health professions loan programs; to the Committee on Health, 

Education, Labor, and Pensions. 

Mr. INOUYE. Mr. President, I rise 

again today to reintroduce legislation 

to modify Title VII of the U.S. Public 

Health Service Act in order to provide 

students enrolled in graduate psychology programs with the opportunity 

to participate in various health professions loan programs. 

Providing students enrolled in graduate psychology programs with eligibility for financial assistance in the 

form of loans, loan guarantees, and 

scholarships will facilitate a muchneeded infusion of behavioral science 

expertise into our community of public 

health providers. There is a growing 

recognition of the valuable contribution being made by psychologists toward solving some of our Nation’s most 

distressing problems. 

The participation of students from 

all backgrounds and clinical disciplines 

is vital to the success of health care 

training. The Title VII programs plays 

a significant role in providing financial 

support for the recruitment of minorities, women, and individuals from economically disadvantaged backgrounds. 

Minority therapists have an advantage 

in the provision of critical services to 

minority populations because often 

they can communicate with clients in 

their own language and cultural framework. Minority therapists are more 

likely to work in community settings 

where ethnic minority and economically disadvantaged individuals are 

most likely to seek care. It is critical 

that continued support be provided for 

the training of individuals who provide 

health care services to underserved 

communities. 

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. 59 

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 ‘‘Strengthen 

the Public Health Service Act’’. 

SEC. 2. PARTICIPATION IN VARIOUS HEALTH 

PROFESSIONS LOAN PROGRAMS. 

(a) LOAN AGREEMENTS.—Section 721 of the 

Public Health Service Act (42 U.S.C. 292q) is 

amended— 

(1) in subsection (a), by inserting ‘‘, or any 

public or nonprofit school that offers a graduate program in professional psychology’’ 

after ‘‘veterinary medicine’’; 

(2) in subsection (b)(4), by inserting ‘‘, or to 

a graduate degree in professional psychology’’ after ‘‘or doctor of veterinary medicine or an equivalent degree’’; and 

(3) in subsection (c)(1), by inserting ‘‘, or 

schools that offer graduate programs in professional psychology’’ after ‘‘veterinary medicine’’. 

(b) LOAN PROVISIONS.—Section 722 of the 

Public Health Service Act (42 U.S.C. 292r) is 

amended— 

(1) in subsection (b)(1), by inserting ‘‘, or to 

a graduate degree in professional psychology’’ after ‘‘or doctor of veterinary medicine or an equivalent degree’’; 


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