[Congressional Record Volume 149, Number 24 (Monday, February 10, 2003)]
[Senate]
[Pages S2120-S2123]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. BREAUX (for himself, Mr. Hatch, Mr. Baucus, Mr. Bond, Mr.
Burns, Ms. Collins, Mr. Harkin, Mr. Kohl, Ms. Landrieu, Mrs.
Lincoln, Mr. Nelson of Florida, Mr. Rockefeller, Mr. Santorum,
Mr. Smith, Mr. Jeffords, Mr. Miller, and Ms. Stabenow):
S. 333. A bill to promote elder justice, and for other purposes; to
the Committee on Finance.
Mr. BREAUX. Mr. President, I rise to introduce S. 333, the Elder
Justice Act. Despite the rapid aging of America, few pressing social
issues have been as systematically ignored as elder abuse, neglect, and
exploitation.
This abuse of our seniors takes many forms. It can be physical,
sexual, psychological, or financial. The perpetrator may be a stranger,
an acquaintance, a paid caregiver, a corporation and, far too often, a
spouse or another family member. Elder abuse happens everywhere--in
poor, middle-class and upper income households; in cities, suburbs, and
rural areas. It knows no demographic or geographic boundaries.
The cost of such abuse and neglect is high by any measure. The price
of this abuse is paid in needless human suffering, inflated health care
costs, depleted public resources, and the loss of one of our greatest
national assets--the wisdom and experience of our elders.
With scientific advances and the graying of millions of baby boomers,
this year the number of elderly on the planet passed the number of
children for the first time. Although we have made great strides in
promoting independence, productivity, and quality of life, old age
still brings inadequate health care, isolation, impoverishment, abuse,
and neglect for far too many Americans.
Studies conclude that elder abuse, neglect, and exploitation are
widely under reported and these abuses significantly shorten the lives
of older victims. A single episode of mistreatment can tip over an
otherwise independent, productive life, triggering a downward spiral
that can result in depression, serious illness, and even death.
Too many of our frailest citizens suffer needlessly and cannot simply
move away from the abuse. Frequently, they cannot express their wishes
or suffering. And, even if they can, often they do not, fearing
retaliation.
Congress has passed comprehensive bills to address the ugly truth of
two other types of abuse--child abuse and crimes against women. These
bills placed these two issues into the national consciousness and
addressed the issues at a national level.
The law created new Federal infrastructure and funding--focusing
resources, creating accountability, and changing how we think about and
treat abuse of women and children. And most
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jurisdictions now have established coordinated social service-public
heath-law enforcement approaches to confront these abuses.
But despite dozens of congressional hearings over the past two
decades on the devastating effects of elder abuse, neglect and
exploitation, interest in the subject has waxed and waned, and, to
date, no Federal law has been enacted to address this issue in a
comprehensive manner. In these hearings, elder abuse was called a
``disgrace'' and a ``burgeoning national scandal.'' Indeed, we found no
single Federal employee working full time on elder abuse in the entire
Federal Government.
The time has come for Congress to provide seniors a set of
fundamental protections. That is why, along with Senators Hatch,
Baucus, Collins, Smith of Oregon, Lincoln, Bond, Nelson of Florida,
Burns, Rockefeller, Santorum, Landrieu, Jeffords, Harkin, Miller,
Stabenow, and Kohl, I am introducing a bill, the Elder Justice Act, the
first comprehensive Federal effort to address elder abuse in the United
States.
Our bill will elevate elder abuse, neglect, and exploitation to the
national stage in a lasting way. We want to ensure Federal leadership
to provide resources for services, prevention, and enforcement efforts
to those on the front lines.
A crime is a crime whoever the victim and wherever it occurs.
Crimes against seniors must be elevated to the level of child abuse and
crimes against women.
It is clear in confronting child abuse and violence against women
that the best methods of prevention is two-pronged--through both law
enforcement and social services. With offices in the Departments of
Health and Human Services and Justice, this legislation ensures a
combined public health-law enforcement coordination at all levels. In
addition, because elder abuse and neglect have been virtually absent
from the national research agenda, this bill establishes research
centers of excellence, and funds research projects to fuel future
legislation.
These measures lay the foundation to address, in a meaningful and
lasting way, a devastating and growing problem that has been invisible
for far too long. We can no longer neglect these difficult issues
afflicting frail and elderly victims.
This effort takes numerous steps to prevent and treat elder abuse:
It improves prevention and intervention by funding projects to make
older Americans safer in their homes, facilities, and neighborhoods, to
enhance long-term care staffing and to stop financial fraud before the
money goes out the door.
It enhances detection by creating forensic centers and developing
expertise to enhance detection of the problem.
It bolsters treatment by funding efforts to find better ways to
mitigate the devastating consequences of elder mistreatment.
It increases collaboration by requiring ongoing coordination at the
federal level, among Federal, State, local and private entities, law
enforcement, long-term care facilities, consumer advocates and
families.
It aids prosecution by assisting law enforcement and prosecutors to
ensure that those who abuse our Nation's frail elderly will be held
accountable, wherever the crime occurs and whoever the victim.
It helps consumers by creating a resource center for family
caregivers and those trying to make decisions about different types of
long-term care providers.
The importance of defending our right to live free of suffering from
abuse and neglect does not diminish with age. If we can unlock the
mysteries of science to live longer, what do we gain if we fail to
ensure Americans live longer with dignity?
More and more of us will enjoy longer life in relative health, but
with this gift comes the responsibility to prevent the needless
suffering too often borne by our frailest citizens.
I appreciate the work of my fellow members and a wide array of groups
on behalf of elder justice and look forward to continued support from
both sides of the aisle and in both houses to make elder justice a
reality for those Americans who need it most.
______
By Ms. LANDRIEU:
S. 334. A bill to amend title 38, United States Code, to provide
eligibility for astronauts for Servicemembers' Group Life Insurance; to
the Committee on Veterans' Affairs.
Ms. LANDRIEU. Mr. President, our Nation continues to mourn the
terrible tragedy that we all experienced on Saturday with the explosion
of the Space Shuttle Columbia. The loss of these seven brave men and
women proved that space flight is still dangerous. Unfortunately, I
come to the floor today to call my colleagues' attention to another
tragedy, one which Congress can and should correct.
After the 1986 Challenger explosion, a terrible oversight on the part
of our government came to light. We learned that NASA astronauts, with
the exception of those in the military, often cannot get life
insurance. Their jobs are too high-risk for them to be able to easily
obtain private insurance. And, up until now, the government has not
provided any type of safety net for these men and women, who risk their
lives every day to advance our Nation's space program.
Fortunately, a private fund, the Space Shuttle Children's Trust Fund,
was formed to fill this breach. The fund paid an estimated $1.2 million
to the families of the astronauts killed in the Challenger explosion. I
would like to take a moment to commend Mr. Delbert Smith, a Washington,
DC attorney and chairman of the fund, as well as all of the other men
and women who stepped forward to help the families of these national
heroes. It is selfless individuals like Mr. Smith and his colleagues
that make America the greatest nation in the world.
Despite the sacrifice of these individuals, the fact is that the
government should have taken care of the families of these astronauts.
Just as we take care of our veterans, we should ensure that our
astronauts do not have to worry about the financial survival of their
families if the unthinkable happens. And while there will always be a
place for organizations like the Space Shuttle Children's Trust Fund,
Congress has a responsibility to take care of the brave men and women
in our human space flight program.
Unfortunately, it pains me to say that this is one lesson we did not
learn from the Challenger disaster. After the Columbia explosion, I was
shocked to learn that there is still no provision for the Federal
Government to ensure that the families of astronauts are taken care of
in these tragic circumstances.
We all pray that we will never have to suffer through another tragedy
like the Challenger and Columbia explosions. But it is the
responsibility of Congress to ensure that we are prepared in case it
does happen again. Therefore, today I am introducing a bill that would
allow astronauts to participate in the Servicemember's Group Life
Insurance program. As my colleagues know, this is the insurance program
that is set up for our men and women in the military. With relatively
low payments, service members are eligible to up to $250,000 in life
insurance. I believe that astronauts should also be eligible for this
program, and that is why I am proposing this legislation.
In closing, something like this should have been done in 1986,
following the Challenger disaster. Unfortunately, 17 years later,
Congress still has not acted to fix this problem. I say to my
colleagues, we must not let even one more astronaut put his or her life
at risk until we have ensured that the government will be there to
provide for their children and their families. I hope my colleagues
will join me in supporting this measure, and I hope we can get it
approved quickly. I thank the chair.
______
By Mr. DOMENICI:
S. 336. A bill to amend title 10, United States Code, to expand
reimbursement for travel expenses of covered beneficiaries for
specialty care in order to cover specialized dental care; to the
Committee on Armed Services.
Mr. DOMENICI. Mr. President, I rise today to offer legislation
entitled the ``Military Family Access to Dental Care Act.'' This
legislation, while limited in its scope, will have a profound effect on
the lives of our military service members and their families
particularly those serving our country at remote rural bases.
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Current law provides reimbursement for military dependents who, when
referred, must travel at least one-hundred miles to receive specialty
health care. However, specialty dental care has not been interpreted
within the scope of this provision. In a rural State like New Mexico,
this exclusion has a real impact on quality of life.
For example, a military dependent stationed at Cannon Air Force Base
in eastern New Mexico is not able to receive periodontic or orthodontic
care in nearby Clovis these specialties are simply not available.
Instead, to receive such care, that dependent would have to travel 225
miles to Albuquerque, 110 miles to Lubbock, Tx, or 104 miles to
Amarillo often two or three times to alleviate a special dental
problem. The cost of traveling these long distances can eat away at a
military family's income and degrade their quality of life.
The legislation I propose expands the scope of existing law to ensure
that travel of at least one-hundred miles for referred specialty dental
care is reimbursable. It is my firm belief that this small but
practical bill can improve the lives of many military families,
especially those assigned to bases in the West. What is more, it sends
a signal to our military personnel and their families that we recognize
the sacrifices they make for us and want to respond by addressing their
needs whenever we can. I hope that my colleagues will join me in
supporting this bill.
I ask unanimous consent that the text of the bill be printed in the
Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 336
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. REIMBURSEMENT OF COVERED BENEFICIARIES FOR CERTAIN
TRAVEL EXPENSES RELATING TO SPECIALIZED DENTAL
CARE.
Section 1074i of title 10, United States Code, is amended--
(1) by inserting ``(a) In General.--'' before ``In any
case''; and
(2) by adding at the end the following new subsection:
``(b) Specialty Care Providers.--For purposes of subsection
(a), the term `specialty care provider' includes a dental
specialist (including an oral surgeon, orthodontist,
prosthodontist, periodontist, endodontist, or pediatric
dentist).''.
______
By Mr. NELSON of Florida:
S. 337. A bill to amend the Federal Insecticide, Fungicide, and
Rodenticide Act and the Solid Waste Disposal Act to prohibit the use of
arsenic-treated lumber as mulch, compost, or a soil amendment, and to
prohibit the manufacture of arsenic-treated wood for use as playground
equipment for children, fences, walkways, or decks or for other
residential or occupational purposes, and for other purposes; to the
Committee on Environment and Public Works.
Mr. NELSON of Florida. Mr. President, I rise today to discuss an
issue I've fought long and hard on--the risk posed to children by
arsenic-treated wood playground equipment.
There is now a government study which demonstrates the link between
wood laced with an arsenic preservative called chromated copper
arsenate or CCA and an increased risk of lung and bladder cancer.
Last Friday, the scientists at the Consumer Product Safety Commission
issued a report that concluded that 2 to 100 children out of 1 million
will get bladder and lung cancer from their exposure to arsenic-treated
wood playground equipment.
This is disturbing.
Especially since CCA was used to preserve 98 percent of the wood
produced for residential uses in the United States in 2001.
Since March of 2001, when media reports emerged about elevated levels
of arsenic in playground soil and numerous playgrounds in the State of
Florida closed as a result, I have been pushing the Environmental
Protection Agency to complete its long-awaited study on the dangers
posed by this arsenic preservative.
I am still waiting.
To spur action on this issue, in the last 2 years, I have filed
legislation mandating warning labels on all arsenic-treated wood to
inform consumers that the wood they were purchasing contained a
carcinogen.
Further, my past legislation required the EPA to complete its study,
begun long before the CPSC started its study, regarding the risks posed
by arsenic-treated wood.
And, finally, I introduced legislation to ban the residential uses of
arsenic-treated wood.
Meanwhile, EPA reached an agreement with the wood preserving industry
to voluntarily phase out the manufacture of CCA-treated wood for
residential purposes by December 31, 2003.
However, a year has passed since EPA reached that agreement and they
still have not published a final rule in the Federal Register making
the phase-out permanent, they still have not completed their own risk
assessment of the dangers posed to children playing on CCA-treated
equipment and a New York Times article in December 2002, reported that
the administration may be reconsidering the phaseout.
For those reasons, today I again introduce legislation to ban the
manufacture of arsenic-treated wood for residential uses, including use
as a mulch, to set a date certain for completion of EPA's risk
assessment and to require the EPA to conduct a public education program
to inform the public about how they can decrease their risk of
contracting cancer from CCA-treated wood.
The legislation also provides for the safe disposal of CCA-treated
wood to prevent arsenic from contaminating our groundwater.
I urge my colleagues to support this legislation.
______
By Mr. LAUTENBERG:
S. 338. A bill to protect the flying public's safety and security by
requiring that the air traffic control system remain a Government
function; to the Committee on Commerce, Science, and Transportation.
Mr. LAUTENBERG. Mr. President, I rise to introduce the Safe and
Secure Skies Act of 2003, a bill that would protect the safety and
security of the flying public by requiring that air traffic control
remain a government function. This legislation is necessary because the
Bush administration has taken several steps to privatize our Nation's
air traffic control system.
On September 11 air traffic controllers across the Nation performed
heroically, as they guided thousands of aircraft out of the sky. From
the tower at Newark International Airport, air traffic controllers in
my State could see the Twin Towers burning as they worked to return
tens of thousands of Americans to the ground safely.
Like many public servants on that day, they are heroes. Along with
police, firefighters, and other emergency personnel, these public
employees gave 110 percent to secure the safety of the American people.
In the aftermath of these tragic events, the American people demanded
one thing in particular of their government: they wanted government
personnel--not private contract firms--to perform security screening of
baggage at our Nation's airports. And Congress compiled with this
request, as we turned the privatized baggage screening system over to
Federal workers with the new Transportation Security Agency.
That is why it is so surprising to me that the administration is now
taking steps to privatize the air traffic control system in this
country. It makes little sense, especially after September 11. It is
the opposite of what the public wants.
The safety and security of the American people should not be the
responsibility of the lowest bidder. Rather, it is a core
responsibility of government.
But the administration is moving rapidly in the opposite direction.
Already we have seen the jobs of air traffic control specialists--those
who repair, inspect, and maintain the air traffic control system--
opened up to outsourcing. And the administration just completed a
``feasibility study'' of privatizing the jobs of flight service station
controllers--the experts who provide critical weather, safety, and
security alerts to pilots.
Next on the agenda for the administration are the air traffic
controllers, who monitor and guide thousands of aircraft every day over
the United States.
The administration has already proposed air traffic controller
privatization in two of its annual budgets. In
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June 2002, President Bush issued an executive order stripping air
traffic services of its ``inherently governmental'' status. And in
December 2002, the administration issued a document designating air
traffic control a ``commercial'' activity, opening the door to
contracting out the jobs of air traffic controllers to the lowest
bidder.
This change from ``inherently governmental'' to a ``commercial''
function is more than a technical change--``inherently governmental''
functions can never be privatized, while ``commercial'' functions may
be outsourced.
The administration is trying to accomplish its privatization plan
under the public's radar screen through the Office of Management and
Budget's A-76 process. We in Congress have the power to stop this
process and the bill I am introducing today will reverse the
administration's plan.
My Safe and Secure Skies Act will return air traffic control
functions to ``inherently governmental'' status, thus barring any
privatization action. I do want to note, however, that my legislation
will not affect the existing FAA ``Contract Tower'' program, which
involves some small, visual flight rules airports.
We currently have the best air traffic control system in the world.
Over 15,000 dedicated Federal air traffic controllers guide more than 2
million passengers a day home safely. Maintaining and inspecting the
system are over 11,000 air traffic specialists, and nearly 3,000 flight
service station controllers provide critical information and alerts to
pilots. They are expert professionals who perform under pressure every
day to keep our skies safe.
I believe our air traffic controllers are almost a wing of the
military, and they play a major role in homeland security. When
President Bush gave the State of the Union speech last month, it was
the flight service station air traffic controllers who sent alerts to
avoid the expanded ``no-fly'' zone around Washington. And when the
space shuttle Columbia tragically disintegrated in the skies over
Texas, it was the air traffic controllers who directed aircraft away
from the falling debris field.
These men and women perform a critical government function.
Some claim that privatization will save money. But when you look at
other countries' experiments with air traffic control privatization,
all you see are financial messes and safety hazards. Australia, Canada,
and Great Britain all have privatized systems that are now in crisis.
Costs have gone up and safety has gone down.
Since Great Britain adopted privatization, near misses have increased
by 50 percent and delays have increased by 20 percent. The British
Government has already had to bail out the privatized air traffic
control company twice.
Privatization of the air traffic control system is bad fiscal policy,
bad safety policy, bad homeland security policy, and the public doesn't
want it.
I therefore ask my colleagues to support my Safe and Secure Skies
Act, which will declare these critical air traffic control functions to
be ``inherently governmental'', and therefore not eligible for
outsourcing.
The safety of our skies should not be put in the hands of the lowest
bidder.
____________________