Thursday, November 7, 2024

Nov. 28, 2018 sees Congressional Record publish “STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS”

Volume 164, No. 187 covering the 2nd Session of the 115th Congress (2017 - 2018) was published by the Congressional Record.

The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.

“STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS” mentioning the Environmental Protection Agency was published in the Senate section on pages S7192-S7193 on Nov. 28, 2018.

More than half of the Agency's employees are engineers, scientists and protection specialists. The Climate Reality Project, a global climate activist organization, accused Agency leadership in the last five years of undermining its main mission.

The publication is reproduced in full below:

STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

By Ms. COLLINS (for herself and Mr. Casey):

S. 3669. A bill to assist States in improving guardianship oversight and data collection; to the Committee on Finance.

Ms. COLLINS. Mr. President. As Chairman of the Senate Aging Committee, I rise today to introduce the ``Guardianship Accountability Act of 2018,'' a bill that would assist States in improving guardianship oversight and data collection. I am pleased to be joined by our Committee's Ranking Member, Senator Bob Casey.

Protecting older Americans from financial fraud and exploitation is one of my top priorities. According to the National Center for State Courts, an estimated 1.3 million adults are under the care of guardians--family members or professionals--who control approximately

$50 billion of their assets. Guardianship is a legal relationship created by a court that is designed to protect those with diminished or lost capacity. In many cases, however, the system lacks basic protections leaving the most vulnerable Americans at risk of exploitation.

Today, the Aging Committee released a bipartisan report to help change the tide, implement reforms, and restore trust in guardianship. Titled, ``Ensuring Trust: Strengthening State Efforts to Overhaul the Guardianship Process and Protect Older Americans,'' the report is the culmination of the Committee's year-long work investigating the guardianship system.

Throughout the course of the year, we heard harrowing tales from families around the Nation who have struggled with abusive guardians. We also spoke with families who had heartening stories to share--of dedicated and faithful guardians stepping up to protect the assets of seniors with dementia and other conditions affecting capacity. A good guardian can provide years of support for a protected individual, ensuring a full life directed, wherever possible, by the person's own choices and preferences. Once a guardianship is imposed, however, the individual's rights are removed, and oversight to protect the individual from abuse, neglect, and exploitation becomes critical.

Our Committee has gathered information, analysis and recommendations from States, courts, and organizations representing older Americans and those with disabilities around the country, and received more than 100 comments pointing to gaps in the system and, most important, offering solutions. The Committee found a pattern of barriers to proper oversight and a need for greater use of alternatives to guardianship. We identified persistent and widespread challenges that require a nationwide focus in order to ensure the guardianship system works on behalf of the individuals it is intended to protect. The Committee's report outlines policy recommendations at local, state, and federal levels that would improve outcomes for Americans subject to guardianship.

The Guardianship Accountability Act addresses many of our report's recommendations. The bill would direct the Elder Justice Coordinating Council to establish a National Online Resource Center on Guardianship to collect and publish information relevant to guardianship for use by guardians, individuals subject to guardianship, courts, states, local governments, and community organizations. The resource center would also publish model legislation and best practices developed pursuant to the Elder Abuse Prevention and Prosecution Act, compile and publish training materials for guardians, share research related to guardianship, and maintain a database on State laws regarding guardianship and the use of less restrictive alternatives. In addition, the bill would also expand the availability of Federal demonstration grants, established by the Elder Justice Act, to include use for the development of State guardianship databases, training for court visitors, and sharing of information on guardian background checks.

Combating financial abuse and exploitation of seniors requires law enforcement and social service agencies at all levels of government to work collaboratively together, which the Guardianship Accountability Act promotes. I'm proud to have worked on this bill with Senator Casey, and I urge my colleagues to support it.

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By Mr. DURBIN (for himself and Ms. Duckworth):

S. 3671. A bill to require the Administrator of the Environmental Protection Agency to revise certain ethylene oxide emissions standards under the Clean Air Act, and for other purposes; to the Committee on Environment and Public Works.

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

There being no objection, the text of the bill was ordered to be printed in the Record, as follows:

S. 3671

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

SECTION 1. ETHYLENE OXIDE EMISSIONS STANDARDS.

(a) In General.--Not later than 180 days after the date of enactment of this Act, the Administrator of the Environmental Protection Agency (referred to in this section as the

``Administrator'') shall amend--

(1) subparts O and FFFF of part 63 of title 40, Code of Federal Regulations, to revise the standards for the emission of ethylene oxide under those subparts based on the results described in the report of the National Center for Environmental Assessment of the Environmental Protection Agency entitled ``Evaluation of the Inhalation Carcinogenicity of Ethylene Oxide'' and dated December 2016; and

(2) subpart O of part 63 of title 40, Code of Federal Regulations, to apply maximum achievable control technology

(within the meaning of the Clean Air Act (42 U.S.C. 7401 et seq.)) requirements to chamber exhaust vents.

(b) Notification.--

(1) In general.--Not later than 30 days after the Administrator learns of a violation of the standards revised under subsection (a), the Administrator shall notify the public of the violation in a manner determined to be appropriate by the Administrator.

(2) Failure to notify.--If the Administrator fails to notify the public under paragraph (1) by the end of the period described in that paragraph, the Inspector General of the Environmental Protection Agency shall carry out an investigation to determine--

(A) the reason or reasons for which the Administrator failed to notify the public;

(B) the public health risks associated with the failure of the Administrator to notify the public; and

(C) any steps the Administrator should take to ensure the Administrator meets the requirements described in paragraph

(1) in the future.

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SOURCE: Congressional Record Vol. 164, No. 187