Floor Statements

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Mr. President, I was sad to hear of Chief Justice Rehnquist's passing, but I want to share my gratitude for his service. He exceeded all but seven Justices by the length of his 33 years on the Supreme Court bench. President Nixon nominated him to be the 100th Supreme Court Justice in 1971. Fourteen years later, President Reagan nominated him to serve as Chief Justice. In his tenure as Chief Justice, he oversaw benchmark cases and events that helped to shape the Supreme Court and the country as we know it today. His efficient management of the Court and careful interpretation of the Constitution provide a good example for future Chief Justices.

He was a very learned man, interested in a wide range of topics and pleasant to be around. In 1952, he graduated first in his law school class at Stanford. In addition to his law degree, he held master degrees in political science from Stanford and Harvard.

He left law school and moved to Washington, DC, to clerk at the Supreme Court, a place where he would eventually spend over a third of his life.

At times, our lives intersected. During the impeachment trial of President Clinton, I presided on the Senate floor just before Chief Justice Rehnquist took the presiding officer's chair--and then I took over each day as he left the chair. I also presided when he was escorted out of the chamber following the end of the trial. I enjoyed reading his book about civil liberties in wartime and his book about the history of impeachments, which I was fortunate enough to get him to sign for me.

Now in the wake of his death and one of the worst natural disasters in U.S. history, the Senate will soon move to fill the vacancies on the court. People are going through some hard times in our country. Chief Justice Rehnquist knew about hard times.

He returned to the bench after being diagnosed and treated for cancer. He fought bravely to finish his job and spurned the rumors of retirement this summer. He stated that he would ``continue as long as his health permits.'' And he did. I admire him for it.

We also must continue to do our job by holding hearings and then voting on the President's nominees to the court. If we keep the political posturing to a minimum, we should have plenty of time to fill the spot of the man who held it for so long and so well.

Mr. President, I rise today to introduce the Higher Education Amendments of 2005.

Education beyond high school and lifelong education opportunities are vital if we are to retain our competitive edge in the global economy and make every American a part of our Nation's success story. Our workforce needs education and training that will

meet the demands of tomorrow's workplace.

Technology, demographics and diversity have brought far-reaching changes to the U.S. economy and the workplace, including an increased demand for a well-educated and highly skilled workforce. Those changes will continue and the need for skilled workers will only increase in the years to come.

The reauthorization of the Higher Education Act is an important part of meeting these concerns. Today's students will become tomorrow's leaders, in the economy, in education, and in every other aspect of our society. A strong postsecondary education will be the key to their future success in those roles.

I am pleased to be introducing this legislation with my distinguished colleague and ranking member of the Committee, Senator Kennedy. He and I both share a commitment to improving access and quality of postsecondary education for all students, and a strong interest in keeping America competitive in this global economy.

The legislation we are introducing today will improve postsecondary education by strengthening the accreditation process, improving access through the use of technology, supporting student financial aid programs, reducing the need for remedial education, helping more students complete high school, and supporting transitions for all students from high school to college.

Among the most important provisions of this bill is a program that would provide additional grant aid to those students with the greatest financial need. This legislation would also focus its resources on increasing the number of math and science graduates by providing additional grant aid for students in their third and fourth years of college.

This legislation would also increase access to Federally guaranteed student loans, which would help ensure that students are not forced to take out higher interest loans from other sources. It would also expand the role of institutions and guaranty agencies in providing financial literacy to students, so they will make better choices regarding their financial future.

In addition to these priorities, the bill would also help to address the Federal deficit in a meaningful way, by saving $7 billion over the next 5 years. Although we were forced to make some difficult choices in reaching this level of deficit reduction, I am pleased that we were also able to write good policy, provide increased support for students and put in place a program that will help strengthen America's place in the global marketplace our economy.

I ask unanimous consent that the text of the bill be printed in the Record.

Mr. President, I rise today to introduce the Higher Education Amendments of 2005.

Education beyond high school and lifelong education opportunities are vital if we are to retain our competitive edge in the global economy and make every American a part of our Nation's success story. Our workforce needs education and training that will

meet the demands of tomorrow's workplace.

Technology, demographics and diversity have brought far-reaching changes to the U.S. economy and the workplace, including an increased demand for a well-educated and highly skilled workforce. Those changes will continue and the need for skilled workers will only increase in the years to come.

The reauthorization of the Higher Education Act is an important part of meeting these concerns. Today's students will become tomorrow's leaders, in the economy, in education, and in every other aspect of our society. A strong postsecondary education will be the key to their future success in those roles.

I am pleased to be introducing this legislation with my distinguished colleague and ranking member of the Committee, Senator Kennedy. He and I both share a commitment to improving access and quality of postsecondary education for all students, and a strong interest in keeping America competitive in this global economy.

The legislation we are introducing today will improve postsecondary education by strengthening the accreditation process, improving access through the use of technology, supporting student financial aid programs, reducing the need for remedial education, helping more students complete high school, and supporting transitions for all students from high school to college.

Among the most important provisions of this bill is a program that would provide additional grant aid to those students with the greatest financial need. This legislation would also focus its resources on increasing the number of math and science graduates by providing additional grant aid for students in their third and fourth years of college.

This legislation would also increase access to Federally guaranteed student loans, which would help ensure that students are not forced to take out higher interest loans from other sources. It would also expand the role of institutions and guaranty agencies in providing financial literacy to students, so they will make better choices regarding their financial future.

In addition to these priorities, the bill would also help to address the Federal deficit in a meaningful way, by saving $7 billion over the next 5 years. Although we were forced to make some difficult choices in reaching this level of deficit reduction, I am pleased that we were also able to write good policy, provide increased support for students and put in place a program that will help strengthen America's place in the global marketplace our economy.

I ask unanimous consent that the text of the bill be printed in the Record.

I move to lay that motion on the table.

The motion to lay on the table was agreed to.

Vote On Amendment No. 1615

Mr. President, today I rise to introduce the Safe and Fair Deposit Insurance Act of 2005. As many of us in this chamber know, reforming the operations of the Federal Deposit Insurance Corporation has been an important but unfinished matter before the United States Senate for many years. Today, we will take a step closer to a solution by introducing this Act.

Wyoming is a rural State with small banks and lenders. Many people in Wyoming have limited choices when they need to safely deposit their hard-earned money. They usually depend on their local bank or credit union. These financial institutions in turn depend on deposit insurance to make sure that this money will be available in the case of a crisis. This is a relationship based on trust. Customers trust their bank, and banks trust their insurance.

This relationship is even more important in places like Gillette, Wyoming. As Mayor of Gillette, I saw many coal miners retire with considerable pensions that reflected years of hard work in the mines around Gillette. However, these miners received their pensions as a lump sum. Their retirement accounts are often much higher than the maximum insurance levels under current law. In fact, more and more retirement accounts are reaching this upper limit, not just in Wyoming. Workers need a safe place to save their money and build retirement security. That place should be in a local financial institution that invests in its community and economy.

The current FDIC system is in desperate need of improvement. Over the past twenty years, deposit insurance has been eroded by inflation and growing deposits. As newer financial institutions have sprung up, they have enjoyed this insurance without paying any premiums into the system. As time passes, current FDIC coverage continues to weaken, and so does the Agency's ability to respond to a deposit crisis, should one arise. That is why it is so important to reform the system now, before it is too late.

This bill will make changes to the deposit insurance system that will make it more flexible and quicker to adapt to the unexpected. It will apply an index that will protect coverage levels against future inflation, and raise retirement coverage to protect earnings made over a lifetime of hard work. It will also make premium charges fair by recognizing those institutions who have paid into the system and those who have not. Finally, it will merge the two primary deposit insurance funds. This consolidation will make the system stronger and prevent costly premium charges that will likely be assessed if the system is not reformed.

I would like to thank Senator Johnson and Chairman Shelby for their cooperation and hard work on this bill. I urge my colleagues to support this bill and look forward to its passage with all deliberate speed.

Mr. President, it is a special pleasure for me, as an Italian American to introduce legislation to the Senate that will mark the 200th anniversary of the birth of Constantino Brumidi.

As I introduce this legislation, I do so to recognize not only Constantino Brumidi, but all those who have come to our shores to pursue a dream and share in the blessings of liberty and freedom that is our birthright as American citizens.

For Constantino Brumidi, there was no higher honor or greater calling than to be an American citizen. It was a title he sought and then signed with pride on some of his best work.

That experience is by no means unique to Constantino Brumidi. The same call that he heard to come to America continues to be heard every day as more and more people from all over the world come to the United States in the pursuit of a dream and the freedom that marks our way of life.

For my own family, it wasn't all that long after Constantino Brumidi left for America that my own ancestors heard the call for freedom and came here as well. Just like Constantino Brumidi they left the beauty of Italy--its mountains and its sunny shores--to come and be a part of the great adventure that is the United States.

That is my background, and when I came to Washington to serve in the Senate, I found a renewed sense of purpose and inspiration every time I walked through the corridors of the Capitol Building and saw Constantino Brumidi's artwork so prominently and proudly displayed. This is a special place and if you walk through these halls late at night you can almost hear the whispers of the past and the hushed echoes of the voices of our Founding Fathers and past Senators and Representatives as they debated and discussed the issues of the day. Statuary Hall, home to so many of our Nation's heroes particularly draws you near as the Chamber's historical record calls to mind the legends of our past--Washington, Jefferson, Lincoln, Adams and Franklin.

That is when it hits you--that the story of the United States isn't a random series of events, but the result of the vision and heartfelt commitment of those who played an active role in our history. As an Italian American it gives me a great sense of pride to know that one of those great Americans was Constantino Brumidi.

The history books tell us that Constantino Brumidi was born in Rome of Italian and Greek heritage. He had a great talent for painting that revealed itself at an early age, and it was already beginning to earn him a reputation as one of Europe's great artists when he heard a different call--a call to make beautiful the home of democracy and liberty--the United States of America.

One day, after completing a commission, Constantino Brumidi stopped in Washington, DC, to visit the Capitol on his way home. Looking at its tall, blank walls and empty corridors, he must have felt the excitement and inspiration only an artist facing an empty canvas can know. On that day he began what was more than an assignment for him--it was a labor of love--as he brought to life the great moments in American history for all to see on the walls and ceiling of this great building. His efforts were destined to earn him the title of America's Michelangelo.

There aren't many quotes that are attributed to Constantino Brumidi, but one that appears on the marker where he is buried is a beautiful expression of his love for our country:

``My one ambition and my daily prayer is that I may live long enough to make beautiful the Capitol of the one country on earth in which there is liberty.''

That is the philosophy that guided Constantino Brumidi's hand as it fired his imagination and inspired his creations in the Capitol. Imagine what he would think if he could walk these corridors today. He would see that his beautiful work has stood the test of time and gained the appreciation and admiration of countless visitors to our shores and our Capitol Building. He would see that it continues to thrill the millions who flock here every year. I believe he would be both proud and

humbled to be the center of such attention.

It is only fitting that over the years Constantino Brumidi has become a symbol of all those who came to the United States in pursuit of a dream that we all too often take for granted. It was freedom and liberty that drew Constantino Brumidi to our land and it is what continues to draw us together, American, Italian, Greek, Irish and every other nationality you can name to make this world a better place for us all to live.

Throughout the Capitol, each carefully planned stroke of Brumidi's brush will continue to remind us that we are blessed and truly fortunate to live in a land of promise and opportunity where we are all called to greatness. Constantino Brumidi dared to be great and he will be forever remembered for the gifts and talents he shared with us.

The legislation I am introducing today will ensure that the legacy he left us all as Americans is never forgotten. Constantino Brumidi wanted one thing--to be forever remembered as an Artist Citizen of the United States--the home of liberty that he loved. We must all ensure his story continues to be told so that it may continue to serve as a source of inspiration and encouragement to all those who come to our shores that any one of them can make a difference in the world by making the most of the opportunities that are available to them here in America.

Mr. President, today I rise to introduce the Safe and Fair Deposit Insurance Act of 2005. As many of us in this chamber know, reforming the operations of the Federal Deposit Insurance Corporation has been an important but unfinished matter before the United States Senate for many years. Today, we will take a step closer to a solution by introducing this Act.

Wyoming is a rural State with small banks and lenders. Many people in Wyoming have limited choices when they need to safely deposit their hard-earned money. They usually depend on their local bank or credit union. These financial institutions in turn depend on deposit insurance to make sure that this money will be available in the case of a crisis. This is a relationship based on trust. Customers trust their bank, and banks trust their insurance.

This relationship is even more important in places like Gillette, Wyoming. As Mayor of Gillette, I saw many coal miners retire with considerable pensions that reflected years of hard work in the mines around Gillette. However, these miners received their pensions as a lump sum. Their retirement accounts are often much higher than the maximum insurance levels under current law. In fact, more and more retirement accounts are reaching this upper limit, not just in Wyoming. Workers need a safe place to save their money and build retirement security. That place should be in a local financial institution that invests in its community and economy.

The current FDIC system is in desperate need of improvement. Over the past twenty years, deposit insurance has been eroded by inflation and growing deposits. As newer financial institutions have sprung up, they have enjoyed this insurance without paying any premiums into the system. As time passes, current FDIC coverage continues to weaken, and so does the Agency's ability to respond to a deposit crisis, should one arise. That is why it is so important to reform the system now, before it is too late.

This bill will make changes to the deposit insurance system that will make it more flexible and quicker to adapt to the unexpected. It will apply an index that will protect coverage levels against future inflation, and raise retirement coverage to protect earnings made over a lifetime of hard work. It will also make premium charges fair by recognizing those institutions who have paid into the system and those who have not. Finally, it will merge the two primary deposit insurance funds. This consolidation will make the system stronger and prevent costly premium charges that will likely be assessed if the system is not reformed.

I would like to thank Senator Johnson and Chairman Shelby for their cooperation and hard work on this bill. I urge my colleagues to support this bill and look forward to its passage with all deliberate speed.

Mr. President, it is a special pleasure for me, as an Italian American to introduce legislation to the Senate that will mark the 200th anniversary of the birth of Constantino Brumidi.

As I introduce this legislation, I do so to recognize not only Constantino Brumidi, but all those who have come to our shores to pursue a dream and share in the blessings of liberty and freedom that is our birthright as American citizens.

For Constantino Brumidi, there was no higher honor or greater calling than to be an American citizen. It was a title he sought and then signed with pride on some of his best work.

That experience is by no means unique to Constantino Brumidi. The same call that he heard to come to America continues to be heard every day as more and more people from all over the world come to the United States in the pursuit of a dream and the freedom that marks our way of life.

For my own family, it wasn't all that long after Constantino Brumidi left for America that my own ancestors heard the call for freedom and came here as well. Just like Constantino Brumidi they left the beauty of Italy--its mountains and its sunny shores--to come and be a part of the great adventure that is the United States.

That is my background, and when I came to Washington to serve in the Senate, I found a renewed sense of purpose and inspiration every time I walked through the corridors of the Capitol Building and saw Constantino Brumidi's artwork so prominently and proudly displayed. This is a special place and if you walk through these halls late at night you can almost hear the whispers of the past and the hushed echoes of the voices of our Founding Fathers and past Senators and Representatives as they debated and discussed the issues of the day. Statuary Hall, home to so many of our Nation's heroes particularly draws you near as the Chamber's historical record calls to mind the legends of our past--Washington, Jefferson, Lincoln, Adams and Franklin.

That is when it hits you--that the story of the United States isn't a random series of events, but the result of the vision and heartfelt commitment of those who played an active role in our history. As an Italian American it gives me a great sense of pride to know that one of those great Americans was Constantino Brumidi.

The history books tell us that Constantino Brumidi was born in Rome of Italian and Greek heritage. He had a great talent for painting that revealed itself at an early age, and it was already beginning to earn him a reputation as one of Europe's great artists when he heard a different call--a call to make beautiful the home of democracy and liberty--the United States of America.

One day, after completing a commission, Constantino Brumidi stopped in Washington, DC, to visit the Capitol on his way home. Looking at its tall, blank walls and empty corridors, he must have felt the excitement and inspiration only an artist facing an empty canvas can know. On that day he began what was more than an assignment for him--it was a labor of love--as he brought to life the great moments in American history for all to see on the walls and ceiling of this great building. His efforts were destined to earn him the title of America's Michelangelo.

There aren't many quotes that are attributed to Constantino Brumidi, but one that appears on the marker where he is buried is a beautiful expression of his love for our country:

``My one ambition and my daily prayer is that I may live long enough to make beautiful the Capitol of the one country on earth in which there is liberty.''

That is the philosophy that guided Constantino Brumidi's hand as it fired his imagination and inspired his creations in the Capitol. Imagine what he would think if he could walk these corridors today. He would see that his beautiful work has stood the test of time and gained the appreciation and admiration of countless visitors to our shores and our Capitol Building. He would see that it continues to thrill the millions who flock here every year. I believe he would be both proud and

humbled to be the center of such attention.

It is only fitting that over the years Constantino Brumidi has become a symbol of all those who came to the United States in pursuit of a dream that we all too often take for granted. It was freedom and liberty that drew Constantino Brumidi to our land and it is what continues to draw us together, American, Italian, Greek, Irish and every other nationality you can name to make this world a better place for us all to live.

Throughout the Capitol, each carefully planned stroke of Brumidi's brush will continue to remind us that we are blessed and truly fortunate to live in a land of promise and opportunity where we are all called to greatness. Constantino Brumidi dared to be great and he will be forever remembered for the gifts and talents he shared with us.

The legislation I am introducing today will ensure that the legacy he left us all as Americans is never forgotten. Constantino Brumidi wanted one thing--to be forever remembered as an Artist Citizen of the United States--the home of liberty that he loved. We must all ensure his story continues to be told so that it may continue to serve as a source of inspiration and encouragement to all those who come to our shores that any one of them can make a difference in the world by making the most of the opportunities that are available to them here in America.

Mr. President, these people all have something in common: the former Queen Mother of Britain; diet guru Dr. Robert Atkins; former Tonight Show co-host Ed McMahon; former first lady Nancy Reagan; and former Senator Bob Dole. What is it? They are all famous seniors who have suffered a fall during the past three years that had serious repercussions on their lives.

Queen Elizabeth's mother had a history of falling. She underwent a major operation in 1995 to replace her right hip and had a second hip replacement in 1998 when she broke her left hip. In 2000, she tripped and fell in her sitting room and fractured the left-hand side of her collarbone. Then, in 2002 at 101-years-old, she stumbled again in her sitting room while getting up from a chair and cut her arm.

Dr. Robert Atkins, the creator of the high-protein, low-carbohydrate Atkins diet, suffered a severe head trauma in 2003 when an accidental fall outside his New York office left him comatose. Although surgeons removed a blood clot to relieve the pressure on his brain, the 72-year- old died eight days later.

In March of this year, former Tonight Show co-host Ed McMahon spent his 82nd birthday in the hospital after a fall in his Beverly Hills home left him with a mild concussion and a gash in his head that required stitches.

Just last month, former first lady Nancy Reagan slipped and fell in her London hotel room. Fortunately, she was not seriously injured, but was told by doctors to limit her activities for two weeks until the pain subsided and full mobility returned.

The final story hits even closer to home. In January of this year, 81-year-old former Senator and presidential candidate Bob Dole felt light-headed and suffered a near fatal fall while putting away a suitcase. After a quick trip to the hospital to stitch up a cut from his eyeglasses, he was taken back home. Later, he felt ill and had to be taken back to Walter Reed Army Medical Center. Doctors worked fast to save his life. In the fall he had severely damaged his left ``good'' arm, and he suffered bleeding in his head which was worsened by the blood thinners he was given a month earlier after a hip replacement operation. After spending 22 days at Walter Reed, he told a reporter that he was ``getting better slowly'' and that the recovery was ``humiliating'' at times.

As evidenced, falling is a very common and serious problem for older persons. These stories demonstrate the fact that falls can happen to anyone--even the rich and famous. A new report finds that although the life expectancy for Americans has reached an all-time high and senior citizens are more active than previous generations were, they are also reporting to emergency rooms in greater numbers for fall-related injuries. Falls can result in decreased physical function and mobility, disability, reduced independence, and a diminished quality of life. Loss of confidence and fear of falling can lead to further functional decline, depression, feelings of helplessness, and social isolation.

The statistics are overwhelming. More than one-third of adults age 65 years and older fall each year. Falls are the leading cause of injury deaths among individuals in that age group. In 2002, falls among older adults accounted for 12,800 deaths and 1,640,000 emergency department visits.

Hospital admissions for hip fractures among the elderly have increased from 231,000 in 1988 to 327,000 in 2001. One in 5 older Americans who suffer a hip fracture die within a year, and 1 in 5 people with a hip fracture end up in a nursing home within a year. Among people 75 years and older, those who fall are four to five times more likely to be admitted to a long-term care facility for a year or longer.

Annually, more than 80,000 individuals who are over 65 years of age sustain a traumatic brain injury as a result of a fall.

A recent study of people age 72 and older found that the average health care cost of a fall injury was $19,440. This figure does not include physician services. The total medical cost of all fall injuries for people age 65 and older was calculated in 2000 to be $19.5 billion. By 2020, the cost of fall injuries is expected to reach $43.8 billion, in current dollars.

Given our aging population, by the year 2040, the number of hip fractures is expected to exceed 500,000--the annual cost of which is projected to be a shocking $240 billion.

To make matters worse, given the aging baby boomers, more and more elderly will be susceptible to falls. By the year 2040, the 65 and older population will more than double to about 77.2 million, and the relative growth rate is even faster for people over 85.

It seems that we've come to expect that a fall by an older relative is just a natural part of aging, when it is not. As the old adage says so well: ``An ounce of prevention is worth a pound of cure.'' Almost without exception, these falls are preventable. Older adults who have fallen previously or who stumble frequently are two to three times more likely to fall within the next year. We need to take action to ensure that doesn't happen.

Last year, Senator Mikulski and I introduced the ``Keeping Seniors Safe From Falls Act of 2004,'' which passed the Senate by unanimous consent. Today, we are reintroducing this legislation, and we look forward to working with our colleagues so that it not only passes the Senate, but is signed into law.

Our bill will direct the Department of Health and Human Services to oversee

and support national and local education campaigns focusing on reducing falls among older adults and preventing repeat falls. It also calls for research in areas such as identifying older adults at high risk for falling; designing, implementing and evaluating the most effective fall prevention interventions; improving diagnosis, treatment, and rehabilitation of older adults who have fallen; tailoring effective strategies to specific populations; and eliminating barriers to adopting proven fall prevention strategies. In addition, the bill supports demonstration and research projects to improve the science behind preventing falls. It also requires the Secretary to evaluate the effect of falls on health care costs, the potential for reducing falls, and the most effective strategies for reducing fall-related health care costs. Finally, the bill authorizes the appropriation of funds for each of fiscal years 2007 through 2009 in order to carry out its provisions.

I look forward to working again with Senator Mikulski, my colleagues on the HELP Committee, and the wide variety of groups who support this bill. I urge you to support this legislation that will help to keep our nation's seniors--ourselves, our family members, and our friends--safe from falls so that they may have a chance to fully enjoy and savor their ``golden years'' in a safer and healthier fashion.

I ask unanimous consent that the text of the bill be printed in the Record.

Mr. President, these people all have something in common: the former Queen Mother of Britain; diet guru Dr. Robert Atkins; former Tonight Show co-host Ed McMahon; former first lady Nancy Reagan; and former Senator Bob Dole. What is it? They are all famous seniors who have suffered a fall during the past three years that had serious repercussions on their lives.

Queen Elizabeth's mother had a history of falling. She underwent a major operation in 1995 to replace her right hip and had a second hip replacement in 1998 when she broke her left hip. In 2000, she tripped and fell in her sitting room and fractured the left-hand side of her collarbone. Then, in 2002 at 101-years-old, she stumbled again in her sitting room while getting up from a chair and cut her arm.

Dr. Robert Atkins, the creator of the high-protein, low-carbohydrate Atkins diet, suffered a severe head trauma in 2003 when an accidental fall outside his New York office left him comatose. Although surgeons removed a blood clot to relieve the pressure on his brain, the 72-year- old died eight days later.

In March of this year, former Tonight Show co-host Ed McMahon spent his 82nd birthday in the hospital after a fall in his Beverly Hills home left him with a mild concussion and a gash in his head that required stitches.

Just last month, former first lady Nancy Reagan slipped and fell in her London hotel room. Fortunately, she was not seriously injured, but was told by doctors to limit her activities for two weeks until the pain subsided and full mobility returned.

The final story hits even closer to home. In January of this year, 81-year-old former Senator and presidential candidate Bob Dole felt light-headed and suffered a near fatal fall while putting away a suitcase. After a quick trip to the hospital to stitch up a cut from his eyeglasses, he was taken back home. Later, he felt ill and had to be taken back to Walter Reed Army Medical Center. Doctors worked fast to save his life. In the fall he had severely damaged his left ``good'' arm, and he suffered bleeding in his head which was worsened by the blood thinners he was given a month earlier after a hip replacement operation. After spending 22 days at Walter Reed, he told a reporter that he was ``getting better slowly'' and that the recovery was ``humiliating'' at times.

As evidenced, falling is a very common and serious problem for older persons. These stories demonstrate the fact that falls can happen to anyone--even the rich and famous. A new report finds that although the life expectancy for Americans has reached an all-time high and senior citizens are more active than previous generations were, they are also reporting to emergency rooms in greater numbers for fall-related injuries. Falls can result in decreased physical function and mobility, disability, reduced independence, and a diminished quality of life. Loss of confidence and fear of falling can lead to further functional decline, depression, feelings of helplessness, and social isolation.

The statistics are overwhelming. More than one-third of adults age 65 years and older fall each year. Falls are the leading cause of injury deaths among individuals in that age group. In 2002, falls among older adults accounted for 12,800 deaths and 1,640,000 emergency department visits.

Hospital admissions for hip fractures among the elderly have increased from 231,000 in 1988 to 327,000 in 2001. One in 5 older Americans who suffer a hip fracture die within a year, and 1 in 5 people with a hip fracture end up in a nursing home within a year. Among people 75 years and older, those who fall are four to five times more likely to be admitted to a long-term care facility for a year or longer.

Annually, more than 80,000 individuals who are over 65 years of age sustain a traumatic brain injury as a result of a fall.

A recent study of people age 72 and older found that the average health care cost of a fall injury was $19,440. This figure does not include physician services. The total medical cost of all fall injuries for people age 65 and older was calculated in 2000 to be $19.5 billion. By 2020, the cost of fall injuries is expected to reach $43.8 billion, in current dollars.

Given our aging population, by the year 2040, the number of hip fractures is expected to exceed 500,000--the annual cost of which is projected to be a shocking $240 billion.

To make matters worse, given the aging baby boomers, more and more elderly will be susceptible to falls. By the year 2040, the 65 and older population will more than double to about 77.2 million, and the relative growth rate is even faster for people over 85.

It seems that we've come to expect that a fall by an older relative is just a natural part of aging, when it is not. As the old adage says so well: ``An ounce of prevention is worth a pound of cure.'' Almost without exception, these falls are preventable. Older adults who have fallen previously or who stumble frequently are two to three times more likely to fall within the next year. We need to take action to ensure that doesn't happen.

Last year, Senator Mikulski and I introduced the ``Keeping Seniors Safe From Falls Act of 2004,'' which passed the Senate by unanimous consent. Today, we are reintroducing this legislation, and we look forward to working with our colleagues so that it not only passes the Senate, but is signed into law.

Our bill will direct the Department of Health and Human Services to oversee

and support national and local education campaigns focusing on reducing falls among older adults and preventing repeat falls. It also calls for research in areas such as identifying older adults at high risk for falling; designing, implementing and evaluating the most effective fall prevention interventions; improving diagnosis, treatment, and rehabilitation of older adults who have fallen; tailoring effective strategies to specific populations; and eliminating barriers to adopting proven fall prevention strategies. In addition, the bill supports demonstration and research projects to improve the science behind preventing falls. It also requires the Secretary to evaluate the effect of falls on health care costs, the potential for reducing falls, and the most effective strategies for reducing fall-related health care costs. Finally, the bill authorizes the appropriation of funds for each of fiscal years 2007 through 2009 in order to carry out its provisions.

I look forward to working again with Senator Mikulski, my colleagues on the HELP Committee, and the wide variety of groups who support this bill. I urge you to support this legislation that will help to keep our nation's seniors--ourselves, our family members, and our friends--safe from falls so that they may have a chance to fully enjoy and savor their ``golden years'' in a safer and healthier fashion.

I ask unanimous consent that the text of the bill be printed in the Record.

Mr. President, I rise today to voice my support for the Medical Device User Fee Stabilization Act of 2005. This legislation preserves a valuable program for the review of innovative medical technologies.

This bill, H.R. 3423, is identical to S. 1420, which was reported last week by the Committee on Health, Education, Labor, and Pensions. It represents a bipartisan, bicameral compromise that had unanimous support when it was reported out of the committee. It keeps an important Government program going, while providing more stability for the industry. We have considered the needs of small and large businesses, all while ensuring that FDA has enough resources to maintain a high level of effectiveness.

This compromise results in an 8.5 percent increase in user fees for each of the next 2 years. This is a significant reduction from the 20 percent annual increases these companies have been seeing. We have also raised the small business threshold more than threefold, from $30 million to $100 million. This means that additional companies will be able to take advantage of reduced fees for the review of new devices. This bill will result in an average increase to FDA of 6 percent in user fee revenues over the next 2 years, which means FDA will be able to continue reviewing new devices and will not be forced to lay off experienced FDA staff or wind down a program that has been successful.

Finally, this compromise clarifies a provision in the 2002 medical device law regarding the marking of reprocessed devices. I know that this provision, and any change to it, is controversial. However, we have found a fair way forward. The bill we are considering today would require reprocessors to mark the device to identify the reprocessor, if the original manufacturer has marked the device. If the original manufacturer has not marked the device, the reprocessor must still mark the device but has more flexibility in how to do so. This is workable, and it is even-handed.

My colleagues, Senators Burr, DeWine, Mikulski, Dodd and Murray, have had great interest in the medical device user fee program, and I thank them for cosponsoring the Senate bill.

I would also like to thank Senator Hatch for his attention and input into

this issue. He is a strong defender of the small, entrepreneurial companies in this industry. We worked together before committee consideration of this bill to address his concerns about the impact of user fees on the innovative companies in his home State of Utah. I welcome his support and cosponsorship of the Senate bill.

Of course, I want to thank our staff for laboring so diligently to find a workable, reasonable compromise and doing so under difficult time constraints. In particular, I want to thank Jennifer Hansen, Abby Kral, Ellen-Marie Whelan, Ben Berwick, Anne Grady, Patricia Knight, and Patricia DeLoatche. I also want to thank my committee staff Amy Muhlberg and Stephen Northrup.

Finally, I must express my deep appreciation and thanks to the ranking member, Senator Kennedy, and his staff, David Bowen and David Dorsey, for their hard work and support during this process. We have produced a fair deal, and I urge my colleagues to lend it their strong support.

Mr. President, I rise in support of amendment No. 1342, the Support Our Scouts Act offered by my distinguished colleague from Tennessee, Senator Frist. The amendment was intended to be simple and straightforward in its purpose to ensure the Department of Defense can continue to support youth organizations, including the Boy Scouts of America, without fear of frivolous lawsuits. The dollars that are being spent on litigation ought to be spent on programs for youth. Every time we see a group such as the Boy Scouts that will teach character and take care of community, we ought to do everything we can to promote it.

Last Saturday, over 40,000 Boy Scouts from around the Nation and the world met at Fort A.P. Hill in Virginia for the National Boy Scout Jamboree. This event provides a unique opportunity for the military and civilian communities to help our young men gain a greater understanding of patriotism, comradeship, and confidence.

Since the first jamboree was held at the base of the Washington Monument in 1937, more than 600,000 Scouts and leaders have participated in the national event. I attended the Jamboree at Valley Forge in 1957. Boy Scouts has been a part of my education. I am an Eagle Scout. I am pleased to say my son was in Scouts. He is an Eagle Scout. Boy Scouts is an education. It is an education of possibilities for careers. I can think of no substitution for the 6 million boys in Scouts and the millions who have preceded them. There are dozens on both sides of the aisle who have been Boy Scouts. I say it is part of my education because each of the merit badges that is earned is an education. I tell school kids, as I go across my State and the country, that even though at times I took courses or merit badges or programs that I didn't see where I would have any use for them, I later wished I had paid more attention at the time I was doing it.

I always liked the merit badge pamphlet on my desk called entrepreneurship. It is the hardest merit badge in Boy Scouts. It is also one of the most important ones. I do believe that small business is the future of our country. Scouts promote small business through the entrepreneurship merit badge. Why would it be the toughest to get? Not only do you have to figure out a product or a service, not only do you have to do a business plan, not only do you have to find financing, the toughest requirement is the final requirement, and that is that you actually have to start the business.

I could go on and on through the list of merit badges required in order to get an eagle badge. There are millions of boys in this country who are doing that and will be doing that. They do need places to meet. They are being discriminated against. They are being told they cannot use military facilities even for their national jamboree. That is a tradition. These jamborees become a great American tradition for our young people, and Fort A.P. Hill has been made the permanent site of the gatherings. But now the courts are trying to say that this is unconstitutional. It isn't just military facilities, it is Federal facilities.

A couple of years ago, we had an opportunity to debate this on the Senate floor. It had to do with the Smithsonian. Some Boy Scouts requested that they be able to get their Eagle Scout Court of Honor at the National Zoo.

They were denied. Why? The determination by the legal staff of the Smithsonian that Scouts discriminate because of their support for and encouragement for the spiritual life of their members. Specifically, they embrace the concept that the universe was created by a supreme being, although we surely point out Scouts do not endorse or require a single belief or any particular faith's God. The mere fact they ask you to believe in and try to foster a relationship with a supreme being who created the universe was enough to disqualify them.

I read that portion of the letter twice. I had just visited the National Archives and read the original document signed by our Founding Fathers. It is a good thing they weren't asked to sign the Declaration of Independence at the National Zoo.

This happens in schools across the country. Other requests have been denied. They were also told they were not relevant to the National Zoo. That is a kind of fascinating experiment in words. I did look to see what other sorts of things have been done there and found that they had a Washington Singers musical concert and the Washington premiers for both the Lion King and Batman. Clearly, relevance was not a determining factor in those decisions, but it was in the Boy Scouts decision.

The Boy Scouts of America has done some particular things in conservation that are important, in conservation tied in with the zoo. In fact, the founder of the National Zoo was Dr. William Hornaday. He is one of the people who was involved in some of the special conservation movements and has one of the conservation badges of Scouts named for him.

If the situations did not arise, this amendment would not come up. But they do. In 2001, I worked with Senator Helms to pass a similar amendment requiring that the Boy Scouts be treated fairly, as any other organization, in their efforts to hold meetings on public school grounds. This amendment clarified the difference between support and discrimination. It has been successful in preventing future unnecessary lawsuits. The Frist amendment is similar to the Helms amendment and will help prevent future confusion.

Again and again, the Scouts have had to use the courts to assure they were not discriminated against. I am pretty sure everyone in America recognizes that if you have to use the courts to get your rights to use school buildings, military bases, or other facilities, it costs money. It costs time. This amendment eliminates that cost and eliminates that time to allow all nationally recognized youth organizations to have the same rights.

The legal system is very important, but it has some interesting repercussions. Our system of lawsuits, which sometimes is called the legal lottery of the country, allows people who think they have been harmed to try to point out who harmed them and get money for doing that. It has had some difficulties through the Boy Scouts. I remember when my son was in Scouts, their annual fundraiser was selling Christmas trees. One of the requirements when we were selling Christmas trees was that the boys selling the trees at the lot had to be accompanied by two adults not from the same family. I didn't understand why we needed all of this adult supervision. It seemed as if one adult helping out on the lot would be sufficient. The answer was, they have been sued because if there is only one adult there and that adult is accused of abusing boys, they get sued.

So two adults provides some assurance that they won't get sued. The interesting thing is, it was just me and my son. We still had to have another adult in order to keep the Boy Scouts from being sued. They run into some other difficulties with car caravans.

So the legal system of this country has put them in the position where they are doing some of the things that they are doing. The legal system of this country has caused some of the discrimination that is done. It is something we need to correct.

This discussion of the Frist amendment is timely. U.S. District Judge Blanche Manning recently ruled that the Pentagon could no longer spend Government money to ready Fort A.P. Hill for the National Boy Scouts Jamboree. The Frist amendment would ensure that our free speech protections would also apply to the Boy Scouts of America.

The Boy Scouts of America is one of the oldest and largest youth organizations in the United States and the world today. The organization teaches its members to do their duty to God, to love their country, and to serve their fellow citizens. The Boy Scouts of America has formed the minds and hearts of millions of Americans and prepared these boys and young men for the challenges they are sure to face the rest of their lives. It is an essential part of America.

I urge my colleagues to join me in defending the Boy Scouts from constitutional discrimination by supporting the Frist amendment.

I thank the Senator.

Mr. President, as chairman of the Health, Eduation, Labor, and Pensions Committee, I would like to take the opportunity to comment on a very important piece of legislation the Senate passed this week--a managers' substitute for S. 544, the Patient Safety and Quality Improvement Act of 2005, offered by myself, Senators Jeffords, Gregg, Kennedy, Frist, Murray, and Bingaman.

More than 5 years in the making, this legislation is an important step toward building a culture of safety and quality in our health care system.

The language of this bill reflects a carefully negotiated bipartisan, bicameral agreement between the chairmen and ranking members of the Senate Health, Education, Labor, and Pensions Committee and the House Energy and Commerce Committee. I want to thank my colleagues Senator Kennedy, Chairman Barton, and Representative Dingell for their hard work in bringing this agreement to fruition.

Tremendous credit also goes to the HELP Committee's previous Chairman, Senator Gregg, whose tireless work on this issue was invaluable in bringing us to where we are today, and to Senator Jeffords, sponsor of the original legislation upon which this agreement builds.

The Patient Safety and Quality Improvement Act will create a framework through which hospitals, doctors, and other health care providers can work to improve health care quality in a protected legal environment.

More specifically, the bill will extend crucial legal privilege and confidentiality protections to health care providers to allow them to report health care errors and ``near misses'' to specially designated patient safety organizations. In turn, these patient safety organizations, some of which exist in limited form today, will be able to collect and analyze patient safety data in a confidential manner.

After conducting this analysis, patient safety organizations will report back to providers on trends in health care errors and will offer guidance to them on how to eliminate or minimize these errors. Some of this takes place today, but much more information could be collected and analyzed if providers felt confident that reporting such errors would not increase the likelihood that they could be sued.

It is not the intent of this legislation to establish a legal shield for information that is already currently collected or maintained separate from the new patient safety process, such as a patient's medical record. That is, information which is currently available to plaintiffs' attorneys or others will remain available just as it is today. Rather, what this legislation does is create a new zone of protection to assure that the assembly, deliberation, analysis, and reporting by providers to patient safety organizations of what we are calling ``Patient Safety Work Product'' will be treated as confidential and will be legally privileged.

Errors in medical treatment take place far too often. Unfortunately, however, providers live in fear of our unpredictable medical litigation system. This fear, in turn, inhibits efforts to thoroughly analyze medical errors and their causes. Without appropriate protections for the collection and analysis of patient safety data, providers are understandably loath to participate in medical error reporting systems.

I am pleased that the negotiated final version of this bill reflects and upholds several of the key priorities of the bill the HELP Committee marked up earlier this year, and which was also passed out of the Senate last year.

For example, this agreement makes very clear that, in addition to strong legal privilege provisions, patient safety work product will also be subject to a clear and affirmative duty of confidentiality. That is, not only will patient safety work product be subject to a privilege in legal and related proceedings, but the bill will also impose penalties of up to $10,000 per violation should such patient safety work product be disclosed.

It was a key priority of the Senate bill that such information not only be privileged in a legal proceeding, but also that serious consequences will ensue if patient safety organizations, providers, or anyone else divulges it in ways not permitted under the bill. I am very pleased that the compromise agreement we are passing this week upholds this commitment to an affirmative duty of confidentiality.

Also, we believed very strongly that the definition of patient safety work product--that is, exactly what kind of information is to be protected--be drawn broadly enough to assure that providers will feel safe and secure in participating in a patient safety system--and that they not be chilled from participating by fear that their efforts to assemble, analyze, deliberate on, or report patient safety information to patient safety organizations would somehow fall outside of a too- narrow statutory definition of patient safety work product.

With this in mind, we negotiated a definition in the agreement which takes great care to make clear to providers that the assembly of data, its analysis, deliberations about it, and its reporting to a patient safety organization will be firmly protected. We also clarified that information that is collected, maintained, or developed separately from the patient safety system will continue to be treated the same as it is under current law.

Before I close, I want to take just a minute to thank the many Senate staff members who worked very hard to bring this legislation to where it is today. Among those who deserve special recognition and thanks are Andrew Patzman and Stephen Northrup of my HELP Committee professional staff, David Bowen of Senator Kennedy's Committee staff, Peggy Binzer with Senator Gregg, Dean Rosen of Senator Frist's Leadership staff, and Sean Donohue with Senator Jeffords. Much credit also goes to the hard work of the staff of the House Energy and Commerce Committee, as well as to the expert and very capable legislative staff at the Department of Health and Human Services.

I ask unanimous consent that a section-by-section summary of the legislation be printed in the Record.

Mr. President, I rise in support of amendment No. 1342, the Support Our Scouts Act, offered by my distinguished colleague from Tennessee, Senator Frist. The amendment was intended to be simple and straightforward in its purpose, to ensure the Department of Defense can continue to support youth organizations, including the Boy Scouts of America, without fear of frivolous lawsuits. The dollars that are being spent on litigation ought to be spent on programs for the youth. Every time we see a group like the Boy Scouts, that will teach character and take care of the community, we ought to do everything we can to promote it.

This Saturday, over 40,000 Boy Scouts from around the Nation will meet at Fort A.P. Hill in Virginia for the National Scout Jamboree. This event provides a unique opportunity for the military and civilian communities to help our young men gain a greater understanding of patriotism, comradeship, and self-confidence.

Since the first jamboree was held at the base of the Washington Monument in 1937, more than 600,000 Scouts and leaders have participated in the national events. I attended the jamboree at Valley Forge in 1957.

Boy Scouts has been a part of my education. I am an Eagle Scout. I am pleased to say my son was in Scouts. He is an Eagle Scout. Boy Scouts is an education. It is an education in possibilities for careers. I can think of no substitution for the 6 million boys in Scouts and the millions who have preceded them. There are dozens on both sides of the aisle who have been Boy Scouts. I say it is part of my education because each of the badges that is earned, each of the merit badges that is earned, is an education. I tell schoolkids as I go across my State and across my country that even though at times I took courses or merit badges or programs that I didn't see where I would ever have a use for them, by now I have had a use for them and wish I had paid more attention at the time I was doing it.

I always liked a merit badge pamphlet on my desk called ``Entrepreneurship.'' It is the hardest Boy Scout badge to earn. It is one of the most important ones. I believe small business is the future of our country. Boy Scouts promote small business through their internship merit badge. Why would it be the toughest to get? Not only do you have to figure out a plan, devise a business plan, figure how to finance it, but the final requirement for the badge is to start a business.

I could go on and on through the list of merit badges required in order to get an Eagle badge. There are millions of boys in this country who are doing that and will be doing that. They do need places to meet. They are being discriminated against. They are being told they cannot use military facilities, even for their national jamborees.

These jamborees have become a great American tradition for our young people, and Fort A.P. Hill has been made the permanent site of the gatherings. But now the courts are trying to say that this is unconstitutional.

It isn't just military facilities; it is Federal facilities. A couple of years ago, we had an opportunity to debate this again on floor, and it had to do with the Smithsonian.

Some Boy Scouts requested they be able to do the Eagle Scout Court of Honor at the National Zoo and were denied. Why? The determination by the legal staff of the Smithsonian that Scouts discriminate because of their support for and encouragement for the spiritual life of their members. Specifically, they embrace the concept that the universe was created by a supreme being, although we surely point out Scouts do not endorse or require a single belief or any particular faith's God. The mere fact they asked you to believe in and try to foster a relationship with a supreme being who created the universe was enough to disqualify them.

I read that portion of the letter twice. I had just visited the National Archives and read the original document signed by our Founding Fathers. It is a good thing they hadn't asked to sign the Declaration of Independence at the National Zoo.

This happens in the schools across the country. Other requests have been denied. They were also told they were not relevant to the National Zoo.

That is kind of a fascinating experiment in words. I did look to see what other sorts of things had been done there and found they had a Washington Singers musical concert, and the Washington premiers for both the ``Lion King'' and ``Batman.'' Clearly, relevance was not a determining factor in those decisions.

But the Boy Scouts have done some particular things in conservation that are important, in conservation tied in with the zoo. In fact, the founder of the National Zoo was Dr. William Hornaday. He is one of the people who was involved in some of the special conservation movements and has one of the conservation badges of Scouts named after him.

If the situations did not arise, this amendment would not come up. But they do.

In 2001, I worked with Senator Helms to pass a similar amendment requiring that the Boy Scouts are treated fairly, as any other organization, in their efforts to hold meetings on public school property. This amendment clarified the difference between support and discrimination, and it has been successful in preventing future unnecessary lawsuits. The Frist amendment is similar to the Helms amendment and will help prevent future confusion.

Again and again, the Scouts have had to use the courts to assure that they were not discriminated against. I am pretty sure everybody in America recognizes if you have to use the courts to get your rights to use school buildings,

military bases, or other facilities, it costs money. It costs time. This amendment eliminates that cost and eliminates that time, to allow all nationally recognized youth organizations to have the same rights.

The legal system is very important in the country but it has some interesting repercussions. Our system of lawsuits, which sometimes are called the legal lottery of this country, allow people who think they have been harmed to try to point out who harmed them and get money for doing that. It has had some difficulties for the Boy Scouts.

I remember when my son was in the Scouts their annual fundraiser was selling Christmas trees. One of the requirements when they were selling Christmas trees was that the boys selling trees at the lot had to be accompanied by two adults not from the same family.

I did not understand why we needed all of this adult supervision. It seemed as if one adult helping out at the lot would be sufficient. The answer was, they have been sued because if there was only one adult there and that adult could be accused of abusing the boys. Two adults provided some assurance that a lawsuit would not happen.

The interesting thing is, it was just me and my son at the lot and we still had to have another adult in order to keep the Boy Scouts from being sued.

They run into some of the same difficulties with car caravans.

So the legal system of this country has put them in the position where they are doing some of the things that they are doing. The legal system of the country has caused some of the discrimination that is done.

It is something we need to correct. This discussion of the Frist amendment is timely. U.S. District Judge Blanche Manning recently ruled that the Pentagon could no longer spend Government money to ready Fort A.P. Hill for the National Boy Scout Jamboree. The Frist amendment would assure that our free speech protections would also apply to the Boy Scouts of America.

The Boy Scouts of America is one of the oldest and largest youth organizations in the United States and the world today. The organization teaches its members to do their duty to God, to love their country, and serve their fellow citizens. The Boy Scouts have formed the minds and hearts of millions of Americans and prepared these boys and young men for the challenges they are sure to face the rest of their lives. It is an essential part of Americana. I urge my colleagues to join me in defending the Boy Scouts from constitutional discrimination by supporting the Helms amendment.