S616 CONGRESSIONAL RECORD — SENATE January 15, 2009 

There being no objection, the text of 

the bill was ordered to be printed in 

the RECORD, as follows: 

S. 258 

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 ‘‘Saving Kids 

from Dangerous Drugs Act of 2009’’. 

SEC. 2. OFFENSES INVOLVING CONTROLLED SUBSTANCES MARKETED TO MINORS. 

Section 401 of the Controlled Substances 

Act (21 U.S.C. 841) is amended by adding at 

the end the following: 

‘‘(h) OFFENSES INVOLVING CONTROLLED SUBSTANCES MARKETED TO MINORS.— 

‘‘(1) UNLAWFUL ACTS.—Except as authorized 

under this title, including paragraph (3), it 

shall be unlawful for any person at least 18 

years of age to knowingly or intentionally 

manufacture, create, distribute, dispense, or 

possess with intent to manufacture, create, 

distribute, or dispense, a controlled substance listed in schedule I or II that is— 

‘‘(A) combined with a candy product; 

‘‘(B) marketed or packaged to appear similar to a candy product; or 

‘‘(C) modified by flavoring or coloring the 

controlled substance with the intent to distribute, dispense, or sell the controlled substance to a person under 21 years of age. 

‘‘(2) PENALTIES.—Except as provided in section 418, 419, or 420, any person who violates 

paragraph (1) of this subsection shall be subject to— 

‘‘(A) 2 times the maximum punishment and 

at least 2 times any term of supervised release authorized by subsection (b) of this section for a first offense involving the same 

controlled substance and schedule; and 

‘‘(B) 3 times the maximum punishment and 

at least 3 times any term of supervised release authorized by subsection (b) of this section for a second or subsequent offense involving the same controlled substance and 

schedule. 

‘‘(3) EXCEPTIONS.—Paragraph (1) shall not 

apply to any controlled substance that— 

‘‘(A) has been approved by the Secretary 

under section 505 of the Federal Food, Drug, 

and Cosmetic Act (21 U.S.C. 355), if the contents, marketing, and packaging of the controlled substance have not been altered from 

the form approved by the Secretary; or 

‘‘(B) has been altered at the direction of a 

practitioner who is acting for a legitimate 

medical purpose in the usual course of professional practice.’’. 

By Mr. DORGAN (for himself, Ms. 

MIKULSKI, Mr. FEINGOLD, Mr. 

DURBIN, Mr. JOHNSON, Mr. 

BROWN, Mr. LEAHY, Mr. HARKIN, 

Mr. KENNEDY, Mr. WHITEHOUSE, 

Mr. KOHL, Ms. STABENOW, and 

Mrs. FEINSTEIN): 

S. 260. A bill to amend the Internal 

Revenue Code of 1986 to provide for the 

taxation of income of controlled foreign corporations attributable to imported property; to the Committee on 

Finance. 

Mr. DORGAN. Mr. President, today I 

am introducing legislation with Senator MIKULSKI and 10 of our colleagues 

that I hope will be added to any economic stimulus package considered by 

Congress in the coming weeks. This bill 

will put the brakes on a tax break 

granted to U.S. companies that move 

U.S. jobs offshore. 

The U.S. economy is facing its most 

serious financial challenge since the 

Great Depression, and we must respond 

aggressively. I think a new economic 

stimulus plan is urgently needed to 

help prevent the economy from sliding 

deeper into a long-term recession. I 

agree with those who say that a major 

goal of the stimulus package should be 

to create more jobs, but I think we also 

have an opportunity to make a change 

to ensure that we keep the jobs we already have. 

Employers have been slashing jobs at 

an alarming rate—2.6 million jobs last 

year—to reduce operating costs. The 

manufacturing and construction sectors have been particularly hard hit 

during this downturn. The manufacturing sector laid off 791,000 workers in 

2008, continuing the disturbing loss of 

more than 4 million U.S. manufacturing jobs since the end of 2000. Federal tax laws have contributed to this 

problem. 

There is one thing that Congress can 

do immediately to stem the loss of 

more manufacturing jobs: repeal the 

perverse tax subsidy in the Federal Tax 

Code for U.S. companies that move 

manufacturing operations and American jobs overseas. Not only will this 

help keep good-paying manufacturing 

jobs here at home, it will save American taxpayers more than $15 billion in 

revenue over the next decade. 

Unbelievably, there is an insidious 

tax subsidy that rewards U.S. firms 

that move their production overseas 

and then turn around and import those 

now foreign-made products back to the 

United States for sale. When a U.S. 

company closes down a U.S. manufacturing plant such as Huffy bicycles or 

Radio Flyer little red wagons, fires its 

American workers and moves those 

good-paying jobs to China or other locations abroad, U.S. tax law actually 

provide those companies with a large 

tax break called deferral—allowing 

them to avoid paying any U.S. income 

taxes on their foreign earnings until 

those profits are returned, if ever, to 

this country. If a company making the 

same product decides to stay in this 

country, on the other hand, it is required to pay immediate U.S. taxes on 

the profits it earns here. 

Repealing this jobs export tax subsidy will not hinder the ability of U.S. 

firms to compete against foreign competitors in foreign markets, as some 

special interests have claimed. It is 

targeted only to U.S. firms that move 

production abroad and then turn 

around and ship those products back to 

this country for sale. 

If there was ever a tax policy change 

that would help save U.S. manufacturing jobs and should be part of a robust economic stimulus plan, this is it. 

I urge my colleagues to cosponsor this 

legislation. With a new Congress and 

administration in place, now is the 

time to kill this ill-advised tax subsidy 

once and for all. I look forward to 

working with my colleagues on this 

important tax policy matter in the 

coming weeks. 

By Ms. STABENOW: 

S. 264. A bill to amend title XIX of 

the Social Security Act to encourage 

the use of certified health information 

technology by providers in the Medicaid program and the Children’s 

Health Insurance Program, and for 

other purposes; to the Committee on 

Finance. 

Ms. STABENOW. Mr. President, I 

rise today to introduce the E-Centives 

Act, which will help ensure safety-net 

providers serving our most vulnerable 

citizens can acquire Health Information Technology, HIT. 

As I have spoken about many times, 

HIT promises to transform the delivery 

of health care in the United States, improving the overall efficiency and effectiveness of healthcare. Some specific quality improvements that result 

from HIT include reduction in errors 

that come from illegible handwriting; 

electronic systems that prompt prescription of generic rather than brandname drugs; reduction in duplicate diagnostic tests; physician reminders regarding appropriate preventive care; 

clinical decision support systems that 

encourage use of evidence-based medicine; identification of drug interactions and patient allergies; and assistance to physicians to manage patients with complex, chronic conditions. 

While HIT holds great promise for 

transforming health care, unfortunately not all providers have the financial means to adopt and use this technology. In fact, the cost of acquiring 

technology is a major barrier to adoption among health care providers. Cost 

is particularly burdensome to small 

practices and safety-net providers that 

often operate with low financial margins. 

Several organizations, including the 

Kaiser Commission on Medicaid and 

the Uninsured and the Healthcare Information and Management Systems 

Society, recognize the essential role 

that the Federal Government must 

play to assist providers in the Medicaid 

and Children’s Health Insurance Program, CHIP, to acquire HIT. But absent Federal funding, we could see a 

‘‘digital divide’’ in health care. 

The bill that I am introducing today 

will help accelerate investment in certified HIT by providers predominantly 

serving Medicaid and CHIP beneficiaries. The bill accomplishes this by 

providing authority to State Medicaid 

programs to reimburse providers at the 

enhanced SCHIP FMAP rate for the 

costs associated with the meaningful 

use of a certified electronic medical 

record. This bill also helps streamline 

the administration and enrollment 

process for the Medicaid program by 

modifying the current regulation that 

governs the Medicaid Management Information System to include funding 

for electronic information and eligibility systems, patient registries for 

disease screening, and office staff 

training on electronic information and 

eligibility systems. 

I look forward to working with my 

colleagues to ensure that all health 


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January 15, 2009 CONGRESSIONAL RECORD — SENATE S617 

care providers and all Americans can 

see the benefit of health information 

technology. Widespread diffusion of 

HIT is a critical step in health care reform and making sure every American 

has the most efficient, optimal quality 

care. 

By Mrs. MURRAY (for herself and 

Ms. STABENOW): 

S. 267. A bill to provide funding for 

summer and year-round youth jobs and 

training programs; to the Committee 

on Health, Education, Labor, and Pensions. 

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 placed in the 

RECORD, as follows: 

S. 267 

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 ‘‘Summer and 

Year-Round Jobs for Youth Stimulus Act of 

2009’’. 

SEC. 2. SUMMER AND YEAR-ROUND YOUTH JOBS. 

(a) FINDINGS.—Congress finds that— 

(1) a $1,000,000,000 investment in summer 

and year-round employment for youth, 

through the program supported under this 

section, can create up to 1,000,000 jobs for 

economically disadvantaged youth and stimulate local economies; 

(2) there is a serious and growing need for 

employment opportunities for economically 

disadvantaged youth (including young 

adults), as demonstrated by statistics from 

the Bureau of Labor Statistics stating that, 

in December 2008— 

(A) the unemployment rate increased to 7.2 

percent, as compared to 4.9 percent in December 2007; 

(B) the unemployment rate for 16- to 19- 

year-olds rose to 20.8 percent, as compared to 

16.9 percent in December 2007; and 

(C) the unemployment rate for AfricanAmerican 16- to 19-year-olds increased to 33.7 

percent, as compared to 28 percent in December 2007; 

(3) research from Northwestern University 

has shown that every $1 a youth earns has an 

accelerator effect of $3 on the local economy; 

(4) summer and year-round jobs for youth 

help supplement the income of families living in poverty; 

(5) summer and year-round jobs for youth 

provide valuable work experience for economically disadvantaged youth; 

(6) often, a summer job provided under the 

Workforce Investment Act of 1998 is an economically disadvantaged youth’s introduction to the world of work; 

(7) according to the Center for Labor Market Studies at Northeastern University, 

early work experience is a very powerful predictor of success and earnings in the labor 

market, and early work experience raises 

earnings over a lifetime by 10 to 20 percent; 

(8) participation in a youth jobs program 

can contribute to a reduction in criminal 

and high-risk behavior for youth; and 

(9)(A) youth jobs programs benefit both 

youth and communities when designed 

around principles that promote mutually 

beneficial programs; 

(B) youth benefit from jobs that provide 

them with work readiness skills and that 

help them make the connection between responsibility on the job and success in adulthood; and 

(C) communities benefit when youth are 

engaged productively, providing much-needed services that meet real community needs. 

(b) DEFINITION.—In this section, the term 

‘‘green-collar industries’’ means industries 

throughout the economy of the United 

States— 

(1) that promote energy efficiency, energy 

conservation, and environmental protection, 

including promoting renewable energy and 

clean technology; 

(2) that offer jobs with substantial pay and 

benefits; and 

(3) that are industries in which there is 

likely to be continued demand for workers. 

(c) AUTHORIZATION OF APPROPRIATIONS.— 

There is authorized to be appropriated to the 

Secretary of Labor for youth activities under 

the Workforce Investment Act of 1998 (29 

U.S.C. 2801 et seq.), $1,000,000,000, which shall 

be available for the period of January 1, 2009 

through December 31, 2010, under the conditions described in subsection (d). 

(d) CONDITIONS.— 

(1) USE OF FUNDS.—The funds appropriated 

under subsection (c) shall be used for youth 

jobs and training programs, to provide opportunities referred to in subparagraphs (C), 

(D), (E), and (F) of section 129(c)(2) of such 

Act (29 U.S.C. 2854(c)(2)) and, as appropriate, 

opportunities referred to in subparagraphs 

(A) and (G) of such section, except that no 

such funds shall be spent on unpaid work experiences. 

(2) LIMITATION.—Such funds shall be distributed in accordance with sections 127 and 

128 of such Act (29 U.S.C. 2852, 2853), except 

that no portion of such funds shall be reserved to carry out 128(a) or 169 of such Act 

(29 U.S.C. 2853(a), 2914). 

(3) PRIORITY.—In using funds made available under this section, a local area (as defined in section 101 of such Act (29 U.S.C. 

2801)) shall give priority to providing— 

(A) work experiences in public and nonprofit sector green-collar industries; 

(B) work experiences in other viable industries, including health care; and 

(C) job referral services for youth to work 

experiences in green-collar industries in the 

private sector or work experiences in other 

viable industries in the private sector, for 

which the employer involved agrees to pay 

the wages and benefits, consistent with Federal and State child labor laws. 

(4) MEASURE OF EFFECTIVENESS.—The effectiveness of the activities carried out with 

such funds shall be measured, under section 

136 of such Act (29 U.S.C. 2871), only with performance measures based on the core indicators of performance described in section 

136(b)(2)(A)(ii)(I) of such Act (29 U.S.C. 

2871(b)(2)(A)(ii)(I)), applied to all youth 

served through the activities. 

(e) AGE-RELATED.—As used in this Act, and 

in the provisions referred to in subsections 

(c) and (d) for purposes of this Act— 

(1) a reference to a youth refers to an individual who is not younger than age 14 and 

not older than age 24, and meets any other 

requirements for that type of youth; and 

(2) a reference to a youth activity refers to 

an activity covered in subsection (d)(1) that 

is carried out for a youth described in paragraph (1). 

By Mrs. MURRAY (for herself and 

Ms. STABENOW): 

S. 268. A bill to provide funding for a 

Green Job Corps program, YouthBuild 

Build Green Grants, and Green-Collar 

Youth Opportunity Grants, and for 

other purposes; to the Committee on 

Health, Education, Labor and Pensions. 

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 placed in the 

RECORD, as follows: 

S. 268 

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 ‘‘Green-Collar 

Youth Jobs, Education, and Training Stimulus Act’’. 

SEC. 2. FINDING. 

Congress finds that there is a serious and 

growing need for employment opportunities 

for economically disadvantaged youth (including young adults), as demonstrated by 

statistics from the Bureau of Labor Statistics stating that, in December 2008— 

(1) the unemployment rate increased to 7.2 

percent, as compared to 4.9 percent in December 2007; 

(2) the unemployment rate for 16- to 19- 

year-olds rose to 20.8 percent, as compared to 

16.9 percent in December 2007; and 

(3) the unemployment rate for AfricanAmerican 16- to 19-year-olds increased to 33.7 

percent, as compared to 28 percent in December 2007. 

SEC. 3. PURPOSES. 

The purposes of this Act are— 

(1) to increase knowledge of the importance of building a green economy; 

(2) to increase energy efficiency and renewable energy usage; 

(3) to strengthen the protection of the environment; 

(4) to decrease carbon emissions; and 

(5) to increase the number of well-trained 

youth workers who can obtain well-paying 

jobs in a range of green-collar industries and 

other viable industries. 

SEC. 4. DEFINITIONS. 

In this Act: 

(1) GREEN-COLLAR INDUSTRIES.—In this section, the term ‘‘green-collar industries’’ 

means industries throughout the economy of 

the United States— 

(A) that promote energy efficiency, energy 

conservation, and environmental protection, 

including promoting renewable energy and 

clean technology; 

(B) that offer jobs with substantial pay and 

benefits; and 

(C) that are industries in which there is 

likely to be continued demand for workers. 

(2) LOCAL BOARD, LOW-INCOME INDIVIDUAL, 

SECRETARY.—The terms ‘‘local board’’, ‘‘lowincome individual’’, and ‘‘Secretary’’ have 

the meanings given the terms in section 101 

of the Workforce Investment Act of 1998 (29 

U.S.C. 2801). 

(3) REGISTERED APPRENTICESHIP PROGRAM.— 

The term ‘‘registered apprenticeship program’’ means an industry skills training program at the postsecondary level that combines technical and theoretical training 

through structured on-the-job learning with 

related instruction (in a classroom or 

through distance learning) while an individual is employed, working under the direction of qualified personnel or a mentor, and 

earning incremental wage increases aligned 

to enhanced job proficiency, resulting in the 

acquisition of a nationally recognized and 

portable certificate, under a plan approved 

by the Office of Apprenticeship or a State 

agency recognized by the Department of 

Labor. 

SEC. 5. GREEN JOB CORPS PROGRAM. 

(a) PURPOSES.—The purposes of this section 

are— 

(1) to encourage youth participating in the 

Job Corps to become informed energy- and 

environmentally-conscious consumers; 


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