S58 CONGRESSIONAL RECORD — SENATE January 6, 2009 

(F) whether the violation was intended to 

or had the effect of creating a threat to public health or safety, injury to any person or 

even death; 

(3) assure reasonable consistency with 

other relevant directives and with other sentencing guidelines; 

(4) account for any additional aggravating 

or mitigating circumstances that might justify exceptions to the generally applicable 

sentencing ranges; 

(5) make any necessary conforming 

changes to the sentencing guidelines; and 

(6) assure that the guidelines adequately 

meet the purposes of sentencing as set forth 

in section 3553(a)(2) of title 18, United States 

Code. 

By Mr. INOUYE: 

S. 50. A bill to amend chapter 81 of 

title 5, United States Code, to authorize the use of clinical social workers to 

conduct evaluations to determine 

work-related emotional and mental illnesses; to the Committee on Homeland 

Security and Governmental Affairs. 

Mr. INOUYE. Mr. President, today I 

introduce the Clinical Social Workers’ 

Recognition Act to correct a continuing problem in the Federal Employees Compensation Act. This bill 

will also provide clinical social workers the recognition they deserve as 

independent providers of quality mental health care services. 

Clinical social workers are authorized to independently diagnose and 

treat mental illnesses through public 

and private health insurance plans 

across the nation. However, Title V of 

the United States Code, does not permit the use of mental health evaluations conducted by clinical social 

workers for use as evidence in determining workers’ compensation claims 

brought by Federal employees. The bill 

I am introducing corrects this problem. 

It is a sad irony that Federal employees may select a clinical social worker 

through their health plans to provide 

mental health services, but may not go 

to this same professional for workers’ 

compensation evaluations. The failure 

to recognize the validity of evaluations 

provided by clinical social workers unnecessarily limits Federal employees’ 

selection of a provider to conduct the 

workers’ compensation mental health 

evaluations. Lack of this recognition 

may well impose an undue burden on 

federal employees where clinical social 

workers are the only available providers of mental health care. 

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. 50 

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 ‘‘Clinical Social Workers’ Recognition Act of 2009’’. 

SEC. 2. EXAMINATIONS BY CLINICAL SOCIAL 

WORKERS FOR FEDERAL WORKER 

COMPENSATION CLAIMS. 

Section 8101 of title 5, United States Code, 

is amended— 

(1) in paragraph (2), by striking ‘‘and osteopathic practitioners’’ and inserting ‘‘osteopathic practitioners, and clinical social 

workers’’; and 

(2) in paragraph (3), by striking ‘‘osteopathic practitioners’’ and inserting ‘‘osteopathic practitioners, clinical social workers,’’. 

By Mr. INOUYE: 

S. 51. A bill to amend title 10, United 

States Code, to recognize the United 

States Military Cancer Institute as an 

establishment within the Uniformed 

Services University of the Health 

Sciences, to require the Institute to 

promote the health of members of the 

Armed Forces and their dependents by 

enhancing cancer research and treatment, to provide for a study of the epidemiological causes of cancer among 

various ethnic groups for cancer prevention and early detection efforts, and 

for other purposes; to the Committee 

on Armed Services. 

Mr. INOUYE. Mr. President, today, I 

am, again, introducing the United 

States Military Cancer Institute Research Collaborative Act. This legislation, twice passed by the Senate yet 

unsuccessful in the House, would formally establish the United States Military Cancer Institute, USMCI, and support the collaborative augmentation of 

research efforts in cancer epidemiology, prevention and control. Although the USMCI already exists as an 

informal collaborative effort, this bill 

will formally establish the institution 

with a mission of providing for the 

maintenance of health in the military 

by enhancing cancer research and 

treatment, and studying the epidemiological causes of cancer among various 

ethnic groups. By formally establishing 

the USMCI, it will be in a better position to unite military research efforts 

with other cancer research centers. 

Cancer prevention, early detection, 

and treatment are significant issues for 

the military population, thus the 

USMCI was organized to coordinate the 

existing military cancer assets. The 

USMCI has a comprehensive database 

of its beneficiary population of 9 million people. The military’s nationwide 

tumor registry, the Automated Central 

Tumor Registry, has acquired more 

than 180,000 cases in the last 14 years, 

and a serum repository of 30 million 

specimens from military personnel collected sequentially since 1987. This population is predominantly Caucasian, 

African-American, and Hispanic. 

The USMCI currently resides in the 

Washington, D.C., area, and its components are located at the National Naval 

Medical Center, the Malcolm Grow 

Medical Center, the Armed Forces Institute of Pathology, and the Armed 

Forces Radiobiology Research Institute. There are more than 70 research 

workers, both active duty and Department of Defense civilian scientists, 

working in the USMCI. 

The Director of the USMCI, Dr. John 

Potter, intends to expand research activities to military medical centers 

across the nation. Special emphasis 

will be placed on the study of genetic 

and environmental factors in carcinogenesis among the entire population, 

including Asian, Caucasian, AfricanAmerican and Hispanic subpopulations. 

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. 51 

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

Congress assembled, 

SECTION 1. THE UNITED STATES MILITARY CANCER INSTITUTE. 

(a) ESTABLISHMENT.—Chapter 104 of title 10, 

United States Code, is amended by adding at 

the end the following new section: 

‘‘§ 2118. United States Military Cancer Institute 

‘‘(a) ESTABLISHMENT.—(1) There is a United 

States Military Cancer Institute in the University. The Director of the United States 

Military Cancer Institute is the head of the 

Institute. 

‘‘(2) The Institute is composed of clinical 

and basic scientists in the Department of Defense who have an expertise in research, patient care, and education relating to oncology and who meet applicable criteria for participation in the Institute. 

‘‘(3) The components of the Institute include military treatment and research facilities that meet applicable criteria and are 

designated as affiliates of the Institute. 

‘‘(b) RESEARCH.—(1) The Director of the 

United States Military Cancer Institute 

shall carry out research studies on the following: 

‘‘(A) The epidemiological features of cancer, including assessments of the carcinogenic effect of genetic and environmental 

factors, and of disparities in health, inherent 

or common among populations of various 

ethnic origins. 

‘‘(B) The prevention and early detection of 

cancer. 

‘‘(C) Basic, translational, and clinical investigation matters relating to the matters 

described in subparagraphs (A) and (B). 

‘‘(2) The research studies under paragraph 

(1) shall include complementary research on 

oncologic nursing. 

‘‘(c) COLLABORATIVE RESEARCH.—The Director of the United States Military Cancer Institute shall carry out the research studies 

under subsection (b) in collaboration with 

other cancer research organizations and entities selected by the Institute for purposes 

of the research studies. 

‘‘(d) ANNUAL REPORT.—(1) Promptly after 

the end of each fiscal year, the Director of 

the United States Military Cancer Institute 

shall submit to the President of the University a report on the results of the research 

studies carried out under subsection (b). 

‘‘(2) Not later than 60 days after receiving 

the annual report under paragraph (1), the 

President of the University shall transmit 

such report to the Secretary of Defense and 

to Congress.’’. 

(b) CLERICAL AMENDMENT.—The table of 

sections at the beginning of chapter 104 of 

such title is amended by adding at the end 

the following new item: 

‘‘2118. United States Military Cancer Institute.’’. 

By Mr. INOUYE: 

S. 52. A bill to amend title XIX of the 

Social Security Act to provide 100 percent reimbursement for medical assistance provided to a Native Hawaiian 

through a Federally qualified health 


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