E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 108 CONGRESS, SECOND SESSION

Vol. 150 WASHINGTON, MONDAY, APRIL 19, 2004 No. 50 House of Representatives The House was not in session today. Its next meeting will be held on Tuesday, April 20, 2004, at 2 p.m. Senate MONDAY, APRIL 19, 2004

The Senate met at 1 p.m. and was lic for which it stands, one nation under God, tinuing to work with our Democratic called to order by the Honorable GOR- indivisible, with liberty and justice for all. colleagues in an effort to move forward DON SMITH, a Senator from the State of f with that important legislation. Oregon. Although we will be in a period for APPOINTMENT OF ACTING morning business, Senators will be able PRAYER PRESIDENT PRO TEMPORE to come to the floor today to deliver The Chaplain, Dr. Barry C. Black, of- The PRESIDING OFFICER. The statements on the asbestos bill. As the fered the following prayer: clerk will please read a communication leader announced before we recessed Let us pray. to the Senate from the President pro for the Easter holiday, there will be no Eternal and Sovereign Spirit, who tempore (Mr. STEVENS). rollcall votes today. flawlessly expresses Your glory in the The assistant legislative clerk read f the following letter: beauties of the sea, land, and air, RECOGNITION OF THE thank You for ceaseless streams of U.S. SENATE, DEMOCRATIC LEADER PRESIDENT PRO TEMPORE, mercy and for Your love manifested in The ACTING PRESIDENT pro tem- the priceless gift of sacrifice. Thank Washington, DC, April 19, 2004. To the Senate: pore. The Democratic leader is recog- You for walking with us each day, radi- Under the provisions of rule I, paragraph 3, nized. ating the brightness of Your glory to of the Standing Rules of the Senate, I hereby Mr. DASCHLE. Mr. President, I wel- illuminate our shadowed paths with appoint the Honorable GORDON SMITH, a Sen- come back the distinguished assistant praise. ator from the State of Oregon, to perform Republican leader and the Presiding Lord, we praise You that You focus the duties of the Chair. Officer. Your might into the lives of common TED STEVENS, I come to the floor today to say a few President pro tempore. people with profound needs—freeing words about what I believe is one of the prisoners of addictions and giving sight Mr. SMITH thereupon assumed the most difficult issues to talk about in to those who live without faith. Lead Chair as Acting President pro tempore. the ongoing conflict in Iraq. My re- our Senators today along productive f marks will not address whether I sup- paths that benefit Your kingdom. Give port our troops in Iraq, because I do. RECOGNITION OF THE ACTING them favor and stamina as they seek to All Americans, I believe, are awed by MAJORITY LEADER keep America strong. Be for them a the courage and sacrifice of our troops strong shelter in times of trouble, dan- The ACTING PRESIDENT pro tem- in Iraq. My remarks will not address ger, and stress. pore. The Republican whip is recog- whether I am concerned about the ad- Remind each of us that every advan- nized. ministration’s failure to honor its com- tage life can offer is like rubbish com- f mitment to our troops that they would pared with the overwhelming gain of be required to serve no more than 365 knowing You. We pray this in Your SCHEDULE days ‘‘boots on the ground,’’ because I glorious name. Amen. Mr. MCCONNELL. Mr. President, am. My remarks will not address f today the Senate will be in a period for whether I believe it is essential that we morning business. The majority leader win the fight to bring democracy, stay PLEDGE OF ALLEGIANCE has stated it is our intention, it is our the course in Iraq until we see Iraq on The Honorable GORDON SMITH led the hope to proceed to consideration of S. the road to democracy, because I do. Pledge of Allegiance, as follows: 2290, the asbestos bill, today. Although Instead, I rise for the sole purpose of I pledge allegiance to the Flag of the we do not yet have an agreement on acknowledging the terrible, growing United States of America, and to the Repub- proceeding to the bill, we are con- toll this war is taking on some of

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor.

S4075

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More than 100 had been in Iraq less than 3 weeks. about the steady employment, decent Americans soldiers have been killed in They were: Specialist Casey Sheehan, pay and educational benefits that the Iraq since April 1. Twelve more brave 24, from Vacaville, CA; Specialist military offers. ‘He only talked about soldiers lost their lives in Iraq this Dustin Hiller, 25, of Opelika, AL; Spe- serving his country.’ ’’ past weekend. cialist Ahmed Cason, 24, of McCalla, Marine Private First Class Ryan I come to the floor to pay tribute to AL; Corporal Forest Jostes, 22, of Jerback was from Oneida, WI. He was the sacrifice of these soldiers. They Albion, IL; Sergeant Yihjyn Chen, 31, killed by hostile fire in Fallujah. His sacrificed everything because our Na- from Saipan, Marianas Protectorate, father told the Green Bay Press Ga- tion asked them to, and we owe them who spoke five languages and became a zette that his son told him, ‘‘Dad, an enormous debt of gratitude. I say to U.S. citizen in the Army; and Private maybe I can go over there and make the grieving families of our fallen he- First Class Robert Arsiaga, and Spe- some change. Maybe I can do some- roes: America is with you in sorrow, cialist Israel Garza, two West Texans, thing with the people and show them and we will not forget you or the loved both 25, both married, who became best that we’re not animals here, you ones you have lost. friends at Fort Hood. know?’’ On Holy Thursday, April 8, on the At a memorial service in Baghdad for ‘‘He gave everything he had,’’ his fa- western outskirts of Baghdad, on the the fallen seven, their Battalion com- ther said, ‘‘and it cost him his life.’’ road to Fallujah, Marine Lance Cor- mander, Lieutenant Colonel Gary Six American soldiers died in Iraq on poral Levi Angell died when the Volesky, said, ‘‘Uncommon valor was April 7. Among them was Army Staff Humvee he was riding in was hit by a common that day.’’ Sergeant George Scott Rentschler, of rocket propelled grenade. He was 20 The eighth soldier killed in the fire- Louisville, KY. He was checking on his years old. After learning of his son’s fight in Sadr City, Sergeant Michael platoon members, who were working at death, Levi Angell’s father stood out- Mitchell, 25, of Porterville, CA, was a checkpoint, when a rocket propelled side the family’s home in St. Louis, with the Army’s 1st Armored Division. grenade hit the side of a tank in which MN, clutching an 8-by-10-inch photo of He had been in Baghdad for 11 months he was riding. Iraq was his second war. his son close to his heart. ‘‘This was and had re-enlisted 3 months before he He had also served in Bosnia. my son,’’ he told reporters. ‘‘I am as died. His father joined hundreds of His mother told the Louisville Glean- proud as proud can be of that young other people marching in a peace rally er, ‘‘He always told me that the only man.’’ He added, ‘‘It’s a sad, sad day. in San Luis Obispo on the first anniver- way he would get hurt was if they took This is a sad, sad country right now.’’ sary of the war. Bill Mitchell told re- a rocket to the side of his tank. That’s This is a sad, sad day in South Da- porters, ‘‘I said, ‘Bring my son home what happened.’’ kota, too. Last night, we learned that now.’ I should have said, ‘Bring my son Staff Sergeant Rentschler had been one of the 12 American soldiers killed home alive.’ ’’ scheduled to leave Iraq today. He was in Iraq this past weekend was a mem- Seven American soldiers died in Iraq 31 years old. He leaves a wife and two ber of the South Dakota National on Monday, April 5, Passover. Among sons, ages 12 and 5. Guard. Army Specialist Dennis Morgan them was Army Sergeant Lee Eight Americans died in Iraq on was the sixth South Dakota soldier to Todacheene, of Farmington, New Mex- April 8, Holy Thursday. Marine Staff die in Iraq and the first member of the ico, a member of the Army’s 1st Infan- Sergeant William Harrell, 30, South Dakota National Guard killed in try medic unit. He was killed instantly Placentia, CA, was one of them. He was this war. A military spokesman said he when mortar fire hit his guard post in killed by hostile fire in Fallujah. was helping clear mines and explosives Balad. His widow, Kelli, told the Associated Saturday when a roadside bomb went Sergeant Todacheene was the nephew Press that when she broke the news to off. He was 22 years old, and married. of Navajo Nation Vice President Frank her 7-year-old son, he asked her, ‘‘If He joined the Guard immediately Dayish Jr., through Dayish’s wife, Vir- (Daddy) just got shot, can’t they help after graduating from high school in ginia. He is the third Native American him?’’ She replied, ‘‘Daddy can’t be Winner, SD, class of 2000. He had been soldier to die in Iraq. Army Specialist helped right now. Daddy’s with God.’’ in the Middle East for just under 2 Lori Piestawa, a member of the Hopi Thirteen American soldiers died on months. Today, South Dakotans are tribe killed last March, was the first April 9, Good Friday. Among them was mourning Specialist Morgan’s death, woman killed in combat in the war. Army National Guard Specialist and praying that his family can find Sheldon Hawk Eagle, a member of the Michelle Witmer, of New Berlin, WI, some comfort for their sorrow. We also Cheyenne River Sioux Tribe in South who died when her Humvee was am- pray for the safety of the soldiers who Dakota, died last November. bushed in Baghdad. remain in Iraq. Leaders of the Navajo Nation praised Michelle’s 24-year-old sister, Rachel, I want to say a few words about some Todacheene as a ‘‘Navajo warrior’’ who served in the same unit, the 32nd Mili- of the other fallen American heroes ‘‘went to war not to hurt, but to help.’’ tary Police Company. Her twin sister, who lost their lives in Iraq this month. His younger brother, Rydell, said, ‘‘He Charity, was sent to Iraq last year as a Marine Private First Class Dustin was proud to be in the U.S. Army and medic. The sisters and the rest of the Sekula, of Edinburg, TX, was killed by a medic. He was proud to be a Navajo. Witmer family is agonizing now about enemy fire in Fallujah on April 1. Pri- He believed he was doing some good in whether they should rejoin their units vate First Class Dustin Sekula grad- Iraq when everyone thought it was in Iraq. Michelle Witmer was one of at uated from high school last year and wrong. He was a quiet man. He was a least two women, and four National gave up a full college scholarship to strong man, a gentleman. He respected Guard members, killed this month in join the Marines. The father of a high himself and everybody, He was gen- Iraq. school friend told his hometown news- erous and kind, and he loved his family Eight American soldiers died in Iraq paper, ‘‘He was worth his weight in above everything else.’’ on Easter Sunday, April 11. Army Ser- gold. He would try to conquer anything Tuesday, April 6, was one of the dead- geant Major Michael Stack and Marine they would throw at him.’’ liest days of fighting in Iraq since the Lance Corporal Torrey Gray were Twelve American soldiers died in fall of Saddam Hussein’s regime. Thir- among them. Sergeant Major Stack, a Iraq on April 4, Palm Sunday. Eight of teen Americans died in Iraq that day. Special Forces soldier, was 48, a father those soldiers died together in a battle Among them were two 18-year-old Ma- of six and grandfather of three. Lance with militia loyal to Shiite cleric rines, both killed by hostile fire in Corporal Gray was 19; he was on his Muqtada al-Sadr in Sadr City, a Shiite Fallujah. second tour in Iraq. They both died slum on the outskirts of Baghdad. The Marine Lance Corporal Anthony Rob- from hostile fire, in separate incidents, soldiers were part of a quick response erts, of Bear, DE, was a member of the in Fallujah. As word of Lance Corporal

VerDate Mar 15 2010 00:20 May 14, 2014 Jkt 081600 PO 00000 Frm 00002 Fmt 4637 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2004-SENATE-REC-FILES\S19AP4.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY April 19, 2004 CONGRESSIONAL RECORD — SENATE S4077 Gray’s death spread through his home- his own people and threatened the the Appropriations Subcommittee on town of Patoka, IL, a small town about whole Middle East, and, by his associa- the District of Columbia, I held a hear- 60 miles east of St. Louis, village offi- tion with terrorists at war with us, ing to review the operations of Oak cials put up the ‘‘Avenue of Flags,’’ an threatened us. Our heroes are fighting Hill. Actually we held the hearing first. observance usually reserved for na- to bring stability to the Middle East, As a result of that hearing, I then tional holidays. and they have put pressure on all of made a point to personally visit Oak Army Specialist Richard Trevithick, the tyrannies of the Middle East. They Hill. Based on what I saw at this juve- of Gaines, MI, was one of two U.S. sol- have taken a stand against tyranny, nile facility and the testimony we diers killed in Iraq on April 14. The 20- against terrorists, and for the prospect heard at a hearing, it is clear to me year-old combat engineer died when an of decent societies throughout that re- Oak Hill is not meeting the needs of improvised explosive device exploded gion. the children it serves, that the condi- near his Humvee in the city of Balad. I have seen letter after letter of peo- tions there are abysmal to say the The explosion caused massive damage ple who have served in Iraq who have least, and this place simply needs to be to his chest and killed him instantly. made it very clear that the work they shut down once and for all. He had been in Iraq 2 months. are doing is work for all of us, and we At our hearing the inspector general His father told the Associated Press, ought to be proud. They are helping for the District of Columbia released a ‘‘You hear it, you process it, you un- people to find themselves in decent and comprehensive report about the situa- derstand the words, but the impact safe societies. They are helping people tion at Oak Hill. Let me mention some doesn’t hit you. You wake up in the down the road to freedom. They are of the more egregious deficiencies out- morning thinking it was a mad dream, helping people who have never under- lined in that report. First, illegal drugs then realize it was not.’’ stood what it is like to have a free such as marijuana and PCP were regu- As I said, I support our troops and market economy. They are helping larly smuggled into Oak Hill in the what they are trying to accomplish in people for the first time in their lives past. In some cases, youth correction Iraq—under the most difficult of cir- to have some sort of hope that they officers in the past were the source of cumstances. might be free—and free from brutality, some of the illegal substances. That is The reality is that this war requires terrorism, vindictive treatment, mur- a rather shocking thought, that the almost no sacrifice for the over- der, and death. correctional officers were the sources Our young men and women under- whelming number of Americans. Our of some of these illegal drugs actually stand that what they are doing is very lives are undisturbed. But the Ameri- coming into this juvenile detention fa- important; and it is important for ev- cans I pay tribute to today sacrificed cility. Substance abuse treatment con- erybody in America to stand with everything they had. They are heroes tractors actually refused to renew con- them. It is important for everybody in and an inspiration. May we never for- tracts because Oak Hill was unable to America to realize that we pay extraor- get and may we always cherish their stop the influx of drugs. dinary costs, borne by the families who valor and their sacrifice. They also found some youths enter- lost their loved ones in order to stand ing Oak Hill drug free actually started f up for freedom. taking drugs once they were inside the In this particular case, I think it is RESERVATION OF LEADER TIME facility because they had easy access pretty hard to make a case that we to drugs there. The ACTING PRESIDENT pro tem- shouldn’t be there. It is pretty hard to pore. Under the previous order, the They also found the Youth Services make a case that we shouldn’t have de- Administration, which runs Oak Hill, leadership time is reserved. posed Saddam Hussein. It is pretty wasted millions of dollars on contrac- hard to make a case that we shouldn’t f tors who did not provide any meaning- be trying to bring some sort of rep- ful services or deliverables. MORNING BUSINESS resentative form of government to Iraq During this hearing Senator LAN- and, therefore, the whole Middle East. The ACTING PRESIDENT pro tem- DRIEU and I held, the director of the pore. Under the previous order, there It is pretty hard to oppose the fact that Public Defender Service of the District will now be a period for the transaction our young men and women are serving of Columbia testified the Youth Serv- with distinction for a good cause. It is of morning business with Senators per- ices Administration has failed to pro- pretty hard to make some of the ridic- mitted to speak up to 10 minutes each. tect youths from harm while under its ulous arguments that have been made f care. For example—this is a very sad by those who are opposed to U.S. in- story—last year a 12-year-old held at SUPPORT FOR OUR TROOPS volvement anywhere. I want to pay tribute to these young Oak Hill overnight, not accused of any Mr. HATCH. Mr. President, I listened men and women who are serving over crime, was placed in a room with two to the comments of my dear friend, the there, and also to the civilians who are other children. This 12-year-old was distinguished Senator from South Da- serving over there. They may be get- sexually assaulted by one of the other kota. I share his grief and his concerns ting paid for their jobs, but it is a dan- youths. over how many of our young people gerous place—at least some areas are Several months later a 13-year-old have sacrificed their lives for all of us. very dangerous—to be. But what they was arrested and held at Oak Hill wait- There is no question about it; these are are doing is critical to our security. I ing for shelter space to be available. heroes to all of us. As the son of par- think they deserve the applause of all The 13-year-old was placed in a room ents who lost their only other son in of us and the support of all of us. with the same child who had com- the Second World War, I know a fam- I hope all of our colleagues will al- mitted the sexual assault before on the ily’s grief over such a devastating loss. ways continue to support not only our 12-year-old. Not surprisingly, another We know what it is like to have a son troops over there but also our Presi- sexual incident occurred and there was missing in action and, whose remains dent who has all that any President another victim; this sexual predator were found 2 years later. Our family really needs to handle. had another victim. had to go through all of the pain, dif- Furthermore, I understand this prac- f ficulty, grieving, and remorse. But all tice of assigning more than one child of that didn’t take away the fact that OAK HILL to a room has led to the commingling my brother, Jesse Moreland Hatch, was Mr. DEWINE. Mr. President, I will of status offenders, kids who are run- a great hero like so many others who take a few minutes today to report on aways or truants—commingling them died in all of our wars, but in World the very shocking and troubling situa- with delinquent youth as well as de- War II in this particular case, and the tion right here in our Nation’s Capitol. tained committed youths. For example, 50,000-plus young men and women who I am speaking of the situation of the these practices led to a child detained died in Vietnam. District of Columbia’s juvenile deten- as a truant and a runaway being These young people are doing the tion center known as Oak Hill. housed in the same room as a youth de- Lord’s work. They deposed a tyrant Right before the Easter recess I vis- tained on charges of negligent homi- that killed hundreds of thousands of ited the center. Also, as chairman of cide. That simply is not right. It is not

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Indeed, it was 19 about $15 million annually to the Dis- but I think I know something about it. years ago this month the Public De- trict’s Youth Services Administration, What has happened at Oak Hill over fender Service filed a complaint which administers Oak Hill. The YSA the last few years is that the District against the District for failure to pro- would be eligible for even more Federal knows the place eventually is going to tect youth under its custody. Year funding if it had a qualified drug treat- be closed. So every problem they see, after year, the city has fallen short of ment program in place. A large number they look at it and they say, Well, the court’s ‘‘Jerry M. Decree,’’ which is of the children at Oak Hill have a sub- there is no reason to put money into the name of the court decree, and is stance abuse problem. That should not fixing this problem or to fix that prob- now facing the prospect of being taken surprise us. It is what I would expect. lem. So it keeps getting worse and over by a court receiver. Equally amaz- What I did not expect is to go to Oak worse. It is sort of like a house you ing, some estimates are it costs nearly Hill and find very little, if any, sub- know you are going to bulldoze down in $90,000 a year to house a child at Oak stance abuse treatment in place. a few months, and you are not going to Hill. But even more astounding than In all fairness, when we went out fix anything. Yet the District, for some that is when I visited this facility a lit- there we were told substance abuse inexplicable reason, does not have the tle over a week ago and asked the in- treatment was on the way, that a pro- will to shut this place down—to pull terim administrator and the interim gram was going to be started. But the plug and say enough is enough. special counsel from the Youth Serv- there was not much going on at all After touring this facility, I am say- ices Administration who gave me the when we were there and there was a ing enough is enough. It is not fair to tour how much it cost to house a child promise of something happening in the the kids who are being sent out there. there, they simply could not give me future. But that is what it was, a prom- It is not fair to the employees who an answer. Their answer was they did ise. have to work out there. And it is not Clearly, Congress has a vested inter- not break out how much it cost to run fair to the taxpayers to continue to put est in assuring the proper use of the Oak Hill from a total cost of the whole money into this facility. This facility money we provide. We have, more im- Youth Services Administration. has to be shut down. The District has portantly, a moral interest in ensuring I find that to be astounding frankly. the proper treatment of youths at Oak to move forward. It is in the best inter- They did not know. They could not Hill. ests of the children of the District of give me a breakout so they couldn’t After touring the facility and after Columbia to do so. tell us what Oak Hill cost to run a year hearing from expert witnesses and I thank the Chair. I yield the floor. and therefore obviously they couldn’t after reading the November 6, 2001, rec- The ACTING PRESIDENT pro tem- tell us whether the $90,000-a-year fig- ommendation of the Blue Ribbon Com- pore. The Senator from Utah. ure, which is what we believe it costs mission on Youth Safety and Juvenile Mr. HATCH. Mr. President, I ask to house a child there for a year, is an Justice Reform in the District, I be- unanimous consent that I be permitted accurate figure. lieve Oak Hill should be closed. The to speak for as long as I need. I visited many youth detention facili- children of the District of Columbia de- The ACTING PRESIDENT pro tem- ties in Ohio in my public career. I was serve better. The communities to pore. Without objection, it is so or- Lieutenant Governor of the State of which these youths will one day be re- dered. Ohio and had the opportunity to visit, turned deserve better. It is our duty to f I think, all of our juvenile facilities work hard to rehabilitate these young during the 4 years when I was Lieuten- THE FAIRNESS IN ASBESTOS offenders who have, frankly, often been RESOLUTION ACT OF 2004 ant Governor. I was a county pros- failed by their parents and, yes, over- Mr. HATCH. Mr. President, I rise in ecuting attorney. I learned a lot about looked by their communities. these types of centers. I know what Not only do I recommend that Oak support of S. 2290, the bipartisan Fair- they do well and what they do not do Hill be demolished, but I expect to see ness in Asbestos Injury Resolution Act, well. I can tell you with certainty the Mayor develop a comprehensive appropriately called the FAIR Act. Let there are several things they are not plan afterward so the problems at Oak me talk about the problems for a doing very well at Oak Hill right now. Hill are not repeated elsewhere. Just minute. I think I am stating the obvi- The buildings are decrepit. They are this past Thursday, Judge Dixon of the ous, but it bears repeating. falling apart. Important services such Superior Court of the District of Co- Our country is faced with an asbestos as substance abuse treatment programs lumbia found that the District is in litigation crisis of unparalleled mag- are certainly piecemeal at best. Chil- contempt of court regarding Oak Hill nitude. Something is terribly wrong dren who are detained and awaiting having violated numerous provisions of when asbestos victims who suffer from trial are commingled with those who the ‘‘Jerry M. Decree.’’ Because of this debilitating injuries recover mere pen- are committed offenders. In fact, I contempt finding, the city will be fined nies on the dollar while people who are learned one girl who was committed $1,000 per day and may be subject to ad- not sick and never have been sick a day merely because she is a truant has been ditional sanctions. in their lives from asbestos recover housed with committed delinquents It is our hope these sanctions and millions. Something is terribly wrong since October. This, I understand, is in this court order will push the city to- when scores of companies, many which violation of the D.C. Code. wards addressing the intractable prob- never produced a shred of asbestos What is particularly troubling is lems at Oak Hill. As I have already fiber, are forced into bankruptcy trig- what happens sometimes is the teen- stated, trying to fix this broken facil- gering lost jobs and depleting pensions agers who are in foster care or group ity is, in my opinion, a waste of time for those who lost their jobs. Some- homes run away because they are being and a waste of money and is futile. We thing is terribly wrong when the only victimized by other youths in the same have waited 19 years for improvements. real winners in the current system are home or they run away for other rea- Yet no one has stepped up to take the the handful of personal injury lawyers sons. Once these children run away or lead. If no one does, the problems at who walk to the bank with billions of are truant from school, for example, Oak Hill will continue. dollars in fees. they are labeled delinquents and they The blue ribbon commission rec- Members may have heard the statis- are often picked up and sent to Oak ommended that Oak Hill be shut down. tics before, but I will say them again so Hill. So neglected youths who are Judges have recommended that it be that everyone knows the scope of the failed by a broken foster care system shut down. And now it is time for the problem facing this country. According now find themselves locked up and la- District to step to the plate, take the to the Rand Institute for Civil Justice, beled juvenile delinquents and then are lead, and shut this place down once and more than 730,000 people have filed commingled in Oak Hill with dan- for all. claims, with a sharp increase in filing

VerDate Mar 15 2010 00:20 May 14, 2014 Jkt 081600 PO 00000 Frm 00004 Fmt 4637 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2004-SENATE-REC-FILES\S19AP4.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY April 19, 2004 CONGRESSIONAL RECORD — SENATE S4079 in the last 10 years. More than one mil- he faced and the consequences for his Act, he would get compensation even lion claims are expected to be filed in family, he quickly filed suit against though he is no longer with us. It is the near future. The Rand study states those he believed were responsible for high time we put victims first. the reason for this dramatic rise in his exposure. Sadly, just months later, I would be remiss not to mention the claims is that through the 1980s, claims as with all mesothelioma victims of staggering toll the asbestos litigation were filed only by the manifestly ill. this virulent form of cancer, he died. problem has also inflicted on our econ- Beginning in the 1990s, about two- His case was lumped together with omy. As the number of claims con- thirds of the existing claims were and others, many of whom were not as sick tinues to rise, at least 70 companies to still are filed by people who are as he, and some of whom were not sick date have already been forced into unimpaired, who are not sick. Lis- at all. For years, nothing happened. It bankruptcy. Meanwhile, the number of teners, you heard correctly. Astonish- simply gathered dust on the docket. companies pulled into the web of this ingly, the great majority of asbestos Eventually, it was transferred from Il- abusive litigation is on the rise, many lawsuits are brought by those who are linois to Pennsylvania. It has now been of which have little, if any, culpability. not even sick. 17 years since his case was filed. Think These business bankruptcies translate This has led to an unacceptable divi- about that. He never got to have his directly into lost jobs, lost pensions, sion of resources to the wrong people. day in court. His widow is still waiting, and weaker financial markets. It is a Nonmalignant claimants take over 60 17 years later. detriment to our country. percent of the compensation, leaving What would happen in his case if S. According to a letter from the non- mesothelioma victims with only 20 per- 2290 is enacted? First, because he had partisan Academy of Actuaries: cent. Worse yet, many mesothelioma mesothelioma, his estate would be paid . . . bankruptcies of corporate asbestos de- victims are not able to recover any $1 million. It would be paid on an expe- fendants have affected 47 states, resulting in money at all because the companies dited basis. Second, his claim would the loss of 52,000–60,000 jobs, with each dis- they would have sued are insolvent. have been evaluated and processed in a placed worker losing $25,000-$50,000 in wages The fact is, unscrupulous personal in- matter of months, not decades. Third, and 25% of their 401(k). jury lawyers are abusing the system he would not be forced to give up half I ask unanimous consent this letter and getting a windfall in fees. They of the awards—moneys desperately from the American Academy of Actu- know the companies, even ones with needed for medical bills, treatment, aries be printed in the RECORD. the most remote connections to asbes- and all of the economic and personal AMERICAN ACADEMY OF ACTUARIES, tos, are fearful of runaway verdicts. losses that afflicted his family—to his Washington, DC, March 24, 2004. They exploit the uncertainty these lawyers. Re asbestos. tangential companies face in the cur- What is wrong with the asbestos liti- Senator BILL FRIST, rent system by overwhelming them gation system? This Navy veteran with Marjority Leader, U.S. Senate, with huge numbers of unimpaired mesothelioma got zero out of this tort Washington, DC. claims in order to force massive settle- system. Out of the FAIR Act, he would DEAR SENATOR FRIST: The Mass Torts Sub- ments. I might add that many of these committee of the American Academy of Ac- get $1 million. He would not even need tuaries published a monograph, ‘‘Overview of companies have never had anything to an attorney to get it. He would not Asbestos Issues and Trends’’ in December do with asbestos, but they are stuck have to pay 50 percent to attorneys. 2001. The Academy monograph is currently defending themselves at a tremendous, That is the way it should work. being updated. Meanwhile, as S. 1125 nears humongous cost because of what is Let me mention the case of Rick Na- debate on the Senate floor, I am pleased to going on. The result is the personal in- pier who suffers from asbestosis. He provide this letter, which provides a brief jury lawyers—and it is a small percent- has trouble breathing. He cannot even summary of some of the key points regard- age of the American Trial Lawyers As- walk without great difficulty because ing asbestos litigation. of the disease. He no longer has the The asbestos problem, initially recognized sociation, a very small percentage of decades ago, is not going away. these personal injury lawyers—are lung capacity he needs for physical Exposure to asbestos has been linked to reaping huge portions for themselves: labor, let alone normal, everyday ac- malignant diseases including mesothelioma, over $20 billion so far in attorney’s fees tivities. Rick Napier worked for W.R. lung and other cancers, as well as nonmalig- alone in asbestos litigation thus far. Grace for 31⁄2 years until he was laid nant conditions such as asbestosis and pleu- One actuarial firm estimates that off. He was a skip operator. He ran ral injuries. personal injury lawyers are expected to small cars that carried ore up and Asbestos use was widespread in the United siphon more than $60 billion out of as- down the hills of Libby, MT. He has States for decades, and although exposure bestos litigation before it is over. It is levels have declined significantly since lived in Libby for 55 years and knows, OSHA requirements were implemented, as- no wonder that the personal injury as do his neighbors, that asbestos is ev- bestos use is still legal in the United States lawyers are fighting tooth and nail to erywhere in the area. It is in the gar- today. keep the golden goose alive. These fees dens and yards of places at work, The number of claimants filing lawsuits detract from the moneys that should homes, playgrounds. It is everywhere. annually has increased dramatically in re- go to those who are truly sick, espe- Four years ago, Rick was diagnosed cent years and shows no signs of a return to cially the mesothelioma victims. Their with asbestosis. He filed a lawsuit but prior levels experienced during the 1990s. tactics are not just about buying pri- was told, despite his illness, there was Most of the increase in claim filings relate to individuals who are not functionally im- vate planes and sport teams and huge really nothing that could be done. W.R. paired. mansions while the personal injury Grace has gone bankrupt. There is no Approximately 730,000 claims were filed lawyers are busy making themselves one left to sue, no one left to com- through 2002 and estimates of the ultimate into millionaires, multimillionaires, in pensate him for his illness. The current number of claimants range from 1 million to some cases billionaires; they are de- tort system has failed Rick Napier. Un- 3 million. priving the truly sick of available re- less we pass this legislation for a na- Many believe that some current claimants sources. tional, privately funded trust for com- are not being compensated fairly or prompt- Let me tell Members about a pipe- pensation based on illness and not on ly. Additionally, there are widespread con- cerns that funds will not be available to fitter from Illinois. I learned his story the solvency of the defendant company, compensate future claimants. from his daughter who lives in the we continue to fail Rick Napier and The size of recent awards made to settle State of Washington. A World War II many others like him. Without it, we claims has also increased. In turn, contribu- Navy veteran, he joined the pipefitters leave Rick Napier and the rest of the tions paid by individual corporate defend- union in Chicago and worked at several victims in Libby, MT, with no re- ants and their insurers/reinsurers have in- locations in the Midwest, including source, no relief, and no hope. creased. Additionally, demands against sol- sites in Illinois, Indiana, Michigan, and What is wrong with asbestos litiga- vent defendants have reflected upward pres- Wisconsin. It was during this period tion? Compensation for victims like sure to cover amounts that are no longer funded by defendants that have sought pro- that he was repeatedly exposed to as- Rick Napier under the current tort sys- tection from asbestos litigation through bestos. Eighteen years ago, at the age tem is not always available if the com- Chapter 11 bankruptcy petitions. of 61, he learned he had mesothelioma. pany he could sue to receive some com- At least 70 companies have sought bank- Understanding the medical quagmire pensation is bankrupt. Under the FAIR ruptcy protection due to asbestos litigation

VerDate Mar 15 2010 00:20 May 14, 2014 Jkt 081600 PO 00000 Frm 00005 Fmt 4637 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2004-SENATE-REC-FILES\S19AP4.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY S4080 CONGRESSIONAL RECORD — SENATE April 19, 2004 to date. Further, recent bankruptcy filings I turn for a moment to the compari- up, processing and paying claims (i.e., pre-packaged petitions) have exacer- son of the current tort system and the quickly. First, it places the office with- bated inequities in the asbestos litigation FAIR Act. This is why we should pass in the Department of Labor in order to system. the FAIR Act. Under the current tort The number of corporations named as de- utilize its existing infrastructure and fendants in the litigation has grown dra- system, even the Supreme Court Jus- experienced personnel to facilitate a matically. Asbestos claimants typically tices have described it as jackpot jus- faster startup. In order to allow the of- name 60 to 70 defendants in each lawsuit. tice; under the FAIR Act we have cer- fice to begin accepting and processing While approximately 300 companies were tainty. claims in short order, the legislation sued in the 1980s, RAND estimates that ap- Under the tort system, we have a liti- requires the enactment of interim reg- proximately 8,400 companies had been sued gation lottery really, in real terms. ulations and procedures within 90 days as of 2002. The potential culpability of this Under the FAIR Act, it is a no-fault after the date of enactment, including expanded list of defendants is significantly system. You do not even need attor- different from the initial group of companies the expedited processing of exigent neys to recover. Under the tort system, claims. that mined or manufactured asbestos prod- you have ‘‘magic’’ jurisdictions; in ucts, knew of it dangers, and failed to pro- To avoid potential delays associated tect and/or warn their workers. other words, jurisdictions where you with the appointment process, the leg- Direct costs are significant—estimates of can go where the judges are corrupt islation grants interim authority to an ultimate costs relating to U.S. exposure to and the juries do not care how much existing Assistant Secretary of the De- asbestos range from $200 billion to $265 bil- they award the people who don’t de- partment of Labor until the new Ad- lion. More than half of the costs relate to serve it. In other words, there are spe- ministrator is appointed. To ensure plaintiff and defense attorney fees. cial jurisdictions in this country where Indirect costs are also large: Bankruptcies that adequate initial funding will be that happens. available to meet demand, the bill pro- of corporate asbestos defendants have af- Under the FAIR Act, you have a sys- fected 47 states, resulting in the loss of vides for up-front funding from fund 52,000–60,000 jobs, with each displaced worker tem of fairness. Under the tort system, participants, as well as increased bor- losing $25,000–$50,000 in wages and 25% of the we are pushing companies into bank- rowing authority. These new provisions value of their 401(k); For every 10 jobs lost in ruptcy. Mr. President, 8,400 companies address concerns that claimants must an asbestos-related bankruptcy, an addi- have been sued, with over 300,000 have speedy access to the fund while tional 8 jobs are lost in the surrounding com- claims, as I have mentioned. Many of halting the admittedly broken tort sys- munity; and Failure to enact legislative re- those companies are going to have to form could reduce economic growth by $2.4 tem that continues to divert scarce re- go into bankruptcy if we do not solve sources away from the sick to the billion per year and cost 30,770 jobs annually. this problem, which even the Supreme unimpaired. The U.S. Supreme Court has twice over- Court has asked us to do. Under the turned efforts to resolve the litigation S. 2290 also includes revised funding through class action settlements (Georgine FAIR Act, these companies would re- provisions. It establishes a fund that and Fibreboard) and has called upon Con- main solvent. can pay $114 billion in claims, with an Under the current tort system, we gress to address the situation. additional $10 billion in contingent have decades of delays, as I have men- Various reform measures have been en- funding available from defendant com- acted or are being considered at the state tioned. Under the FAIR Act, we would panies—these 8,400 companies. Money level, such as: Imposing medical criteria to have expedited payments in a number required to go to the fund from defend- bring a claim; Creating inactive docket sys- of months. tems to preserve the rights of individuals It is hard to imagine that anyone ants and insurers is assured over a pe- who are not currently impaired; and Ad- cannot see the benefits of the FAIR riod of 27 years. dressing consolidation, joint and several li- Act over the current system. I under- Defendant participants, for example, ability, and venue issues. guarantee their funding obligations However, it is difficult to implement stand why the personal injury lawyers who are handling these asbestos cases through a grant of authority to the Ad- meaningful changes on a state-by-state ministrator to impose a surcharge in basis, and as long as some states are per- do not want this to happen. Of course, ceived as plaintiff friendly jurisdictions and they are going to make upwards of $60 any year where moneys received fall claims remain portable, forum shopping will billion, right out of the pockets of the short of the annual requirements. In be a problem. people who deserve those moneys, addition, S. 2290 provides up to $300 Several asbestos-related bills were intro- where we give them to the people who million annually in hardship and in- duced in the 108th Congress, and the issue of are injured. equity adjustments that may be grant- federal reform to the asbestos litigation cri- Let me talk about the particulars of ed by the Administrator among defend- sis deserves careful attention. Thank you ant participants. Money from insurers very much for your consideration of the in- what the bill does. S. 2290 would pro- formation presented herein. Please do not vide fair and timely compensation to is front-loaded for the early years of hesitate to contact Greg Vass, the Acad- asbestos victims and certainty to the fund where the most stress on the emy’s Senior Casualty Policy Analyst, at American workers, retirees, share- system is anticipated. (202) 223–8196 if you have any questions or holders, and, of course, our whole U.S. Enforcement provisions have been would like additional details. economy. Hardly anything would do strengthened to help the Administrator Sincerely, more for our economy than the FAIR go after recalcitrant participants. Ad- JENNIFER L. BIGGS, FCAS, MAAA, Act right now. It would establish a pri- ditional safeguards to insure the fund- Chairperson, Mass Torts Subcommittee. vately funded, no-fault, national asbes- ing have also been added, such as es- Mr. HATCH. The Rand Institute esti- tos victims compensation fund to re- tablishing a priority for payment obli- mates this litigation eventually will place the broken tort system and en- gations to the fund in State insurance result in 430,000 lost jobs. These are sure that individuals who are truly receivership proceedings. pretty good jobs. In fact, very good sick receive compensation quickly, Based on the funding now available jobs. It is because of the very serious fairly, and efficiently. under S. 2290, increased compensation problems that I stand here today to ex- The legislation retains the bipartisan will go to claimants. Claims values press my steadfast support for the leg- agreement on medical criteria that was have been increased in several disease islation we are on the verge of consid- approved by a unanimous vote in the categories over the levels approved by ering, if our friends on the other side Judiciary Committee. These criteria the Judiciary Committee in an over- will allow us to consider. form the basis of a no-fault victims whelmingly bipartisan vote. We have We will make a motion to proceed, compensation fund that will stop the even gone beyond those claims values. and hopefully they will not block a mo- flow of resources to the unimpaired and Furthermore, S. 2290 now provides re- tion to proceed because we ought to de- ensure that the truly ill will be paid imbursement for out-of-pocket costs of bate, we ought to look at amendments, quickly and fairly. S. 2290 also contains physical examinations by claimants’ we ought to do what has to be done. We improvements made to its predecessor, physicians, as well as costs for x rays ought to perfect this bill if we can. It S. 1125, that have been developed over and pulmonary function testing for is about as perfect as I think we can the last several months during exten- level I claimants. get it under the process so far. It is a sive negotiations by the stakeholders. Let me talk about the bill. darn good bill and would certainly do a S. 2290 includes a number of new pro- Unfortunately, some Members on the lot of good for people. visions that ensure the fund will be set other side of the aisle want to block us

VerDate Mar 15 2010 00:20 May 14, 2014 Jkt 081600 PO 00000 Frm 00006 Fmt 4637 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2004-SENATE-REC-FILES\S19AP4.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY April 19, 2004 CONGRESSIONAL RECORD — SENATE S4081 from proceeding to the bill—even pro- manded by Democrats last year when billions. Under the current tort sys- ceeding to the bill. Even on a motion this bill moved through committee—53 tem, the dark blue, $41 billion—let’s to proceed, we have heard there may be changes we made in the bill that we take the Tillinghast figure, the top cir- a filibuster. Well, I am not surprised by thought was pretty good to begin with, cle on that side—will go to trial law- these obstructive tactics. We have been all to accommodate our friends on the yers for fees. Twenty-eight billion will getting used to them over the last 31⁄2 other side. In fact, it adds many more go to defendant lawyers for defending years. I find it truly regrettable, given provisions requested by Democrats and these cases. Better than half the the tremendous importance of this leg- labor unions. And while this bill con- money is going to go to lawyers. Those islation to our country. tains certain modifications from ear- are the Tillinghast estimates, which I I find this type of obstruction par- lier versions, the modifications rep- believe are quite accurate. Only $61 bil- ticularly troubling because without the resent dramatic improvements to con- lion will go to potential future plaintiff FAIR Act more and more Americans troversial measures that all interested compensation or to those who are real- are certain to lose their jobs. Anyone parties had ample opportunity to dis- ly sick and some who aren’t sick. who is serious about preserving jobs cuss and work out after S. 1125 was re- Let’s take the bottom, the Milliman should be actively helping us move for- ported from the Judiciary Committee. study, $61 billion will go to the attor- ward to the consideration of this bill. I While the Judiciary Committee re- neys, the personal injury lawyers; $42 have heard a lot of mouthing off by ported S. 1125 favorably from the com- billion would go to the defense lawyers, Presidential contenders in this matter, mittee on a near party-line vote, the defending these companies and insur- that jobs are the most important issue. markup produced some measures that ance companies, although there are Where are they when it comes to vot- required retooling. These measures very few insurance companies involved; ing for jobs that this bill would provide jeopardized any meaningful chances of $92 billion would go to the victims. and for the preservation of jobs that getting the bill passed into law. If not Under the FAIR Act, only $2.5 billion this bill would provide? for the tireless efforts of our distin- would go to the trial lawyers, and the Anyone who is serious about pre- guished majority leader and Senator full $111.5 billion would go to the vic- serving jobs should be actively helping SPECTER, this bill would have achieved tims. I don’t see how anybody could us on this bill. They should not be what its opponents have yearned for all argue against that. I might add, on top standing in its way. But the personal along—a dead bill. of that would be another $10 billion in injury lawyers are a powerful force, But through the stewardship of Sen- contingencies, if the $111.5 billion or ator SPECTER and Chief Judge Emer- and some on the other side of the aisle the total of the $114 billion does not itus of the Third Circuit, Edward R. are willing to hear the voice of the per- solve the problem. Becker, we were able to provide a sonal injury bar over hard-working These other two say it would solve forum through which the major stake- Americans who want to keep their jobs the problem, that lesser amounts—and holders provided invaluable expertise and pensions. these are estimates by top-flight actu- I might mention that a lot of trial and solutions with respect to the re- arial firms—that it would solve the maining controversial issues left on lawyers are very unnerved by this. problem with lesser amounts than the legislation, such as fund reversion, They see the injustices going on here what we are willing to put in the trust startup, and administrative process. fund. Under the FAIR Act it is esti- and they themselves decry it. It is a This group, which included represent- mated claimants will receive 95 percent small percentage of the American Trial atives from labor unions and industry, or more of the total funds under the Lawyers Association who are doing among others, met dozens of times in this. Many other top-notch trial law- the last 8 months. Our staff was there no-fault nonadversarial system this yers are very concerned. throughout working with them. This bill amounts to. This means the FAIR Now, to legitimize the obstructive process proved to be not only insightful Act fund, which would be able to pay tactics of these lawyers and the other but also very helpful in resolving many more than $120 billion in awards, will opponents, opponents of this bill argue of the key differences in this legisla- allow claimants to take home well over the legislation is completely different tion. Through the leadership of Sen- $100 billion. This is more total money from the one we reported from the than they are projected to receive ator FRIST, we were able to get the in- committee last year. This argument surers and the defendants to agree on under the current tort system. particularly lacks merit because the an even more equitable funding alloca- But it is not just more money in the bill retains the core features of the leg- tion and, among other things, provide pockets of victims. It is faster and islation that was introduced as S. 1125 for more flexible borrowing authority more compensation as well. The dif- and subsequently marked up in the Ju- and front-loaded funding to address the ference is, the personal injury lawyers diciary Committee. anticipated flood of claims that would won’t get as much money out of it, but Again, we have taken steps to ensure come through the fund during its early there is still $2.5 billion there for them the solvency of the fund. As I men- years, something we would have liked for cases that are like rolling off a log. tioned, we replaced some contingent to have done before but which we have We anticipate the claimants will not funding by calling for more up-front done now. have to endure years of discovery bat- funding, extended borrowing authority Opponents of this bill have also justi- tles between the defense and plaintiffs’ and guarantees for funding, among fied their obstructive tactics by pass- lawyers and endless litigation before other added funding safeguards—all of ing misinformation about this bill. they get paid. As I have shown in one which are additional strengths to the First, some Members on the other side case, 17 years old; others are up to 20 bill that we passed out of the com- of the aisle have stated repeatedly that years old and still no compensation for mittee. bill does not provide enough money. I the victims who have died long since The fact is, this bill we are about to find these statements to be misleading and the families have suffered all those bring up continues to create a fair and and a stark contrast to several studies years. efficient alternative compensation sys- of future asbestos-related costs under Currently, whether some victims get tem to resolve the claims for injury the current system. For example, one paid depends on the solvency of the caused by asbestos exposure. The fund study shows the highest reasonable es- business. But under the FAIR Act, is still capitalized through private con- timate of prospective costs, the these victims will no longer have to go tributions from defendants and insur- Milliman study, would result in ap- without payment. These are the ones ers, and compensates victims under the proximately $92 billion for victims where their companies were insolvent. very same medical criteria that we after attorney’s fees and expenses. It is time to end the current system reached on a bipartisan basis last year. In yet another study, commissioned of jackpot justice where only some win The bill still brings uniformity and ra- by Tillinghast-Towers & Perrin, future and many lose. The some who win in tionality to a broken system so that amounts to compensate victims are es- many cases don’t deserve to win be- resources are more effectively directed timated at $61 billion after attorney’s cause these personal injury lawyers go towards those who are truly sick. fees and expenses. into renegade areas where they know Indeed, this bill still preserves no less As you can see from this chart, As- the judges are either corrupt or totally than 53 compromise measures de- bestos Victims Compensation, this is in in their pocket and they know there

VerDate Mar 15 2010 00:20 May 14, 2014 Jkt 081600 PO 00000 Frm 00007 Fmt 4637 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2004-SENATE-REC-FILES\S19AP4.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY S4082 CONGRESSIONAL RECORD — SENATE April 19, 2004 are runaway juries. That is how every- partisan commentators have been say- proceed is just a procedural gimmick body loses except for those who are not ing that for years. or gibberish. No, it is serious stuff. If sick or getting these huge multimillion We have a serious problem on our we cannot proceed to the bill, we can- dollar awards out of these unfair juris- hands that demands this body’s full at- not get to the bill. Why would folks on dictions. tention. I applaud our distinguished the other side not want to get to the Opponents of this bill have also ar- majority leader for his work in helping bill and try to improve it if they have gued there are inadequate safeguards us this far and in bringing this bill to improvements they would like to put to insure the solvency of the fund. My the floor because the time to act is up for a vote? We can vote on them. I response to this is very simple: Balo- now. am sure they will win on some of their ney. This fund, which is funded at the We have studied the asbestos problem improvements—if they are improve- highest reasonable claim rate scenario, at length for decades. We have held nu- ments—or even some things they want is equipped with many mechanisms to merous hearings, considered various that are not improvements but might ensure the pay-in and payout require- legislative proposals, and we even un- be deleterious to this bill. ments are met. Once again, this in- derwent several marathon markups in Let’s go to the bill and not continue cludes more flexible borrowing author- the Judiciary Committee last June. this feckless filibustering of everything ity against future contributions, front- Over the past year, we met with our in the Senate, making a supermajority loaded contributions from insurers, and Democratic counterparts to assuage vote the absolute premise for every- contingency funding of $10 billion addi- their concerns about the bill. thing they are doing. This is an impor- tional to the $114 billion. To be abso- We have provided a meaningful 8- tant bill. We have worked as hard as we lutely certain, this bill also includes month mediation forum through which can with everybody concerned with it, guaranteed surcharge and orphan-share the major stakeholders could bridge from the trial lawyers, the personal in- reserve accounts which set aside different recommendations on issues jury lawyers, to the unions, businesses, money to grow and pay for unexpected critical to the bill. We provided one of insurance companies, to the victims. shortfalls and empowers the Attorney the finest Federal judges in the coun- We have worked our tails off. There are General to enforce contribution obliga- try to preside over the negotiation. some unions that support this bill. tions. On top of all these safeguards, if Judge Becker has done an excellent They realize their people will lose jobs the fund still becomes insolvent, job. To the extent we were able to and they will never get as much claims would revert back to the tort reach consensus on issues, the appro- money. They realize the attorneys are system, a provision Democrats insisted priate language is embodied in the bill taking too much out of this process. be part of the bill as the ultimate pro- before us. To the extent there are They realize it takes years and years tection. It is not going to be needed, issues that remain unresolved, we to get just compensation—if that—to but it is in the bill, trying to accommo- ought to openly debate them on the the women and children who are left date, once more, demands on the other floor of the Senate. behind from the mesothelioma victims. side. The time has come to stop talking Most of those victims are already dead. Given that this bill is a clear net about doing something and to take de- Most of them work for companies that monetary gain for legitimate victims cisive action. Every day that passes is have already gone bankrupt. Their pen- and provides payments faster and with a day we withhold meaningful recovery sions are gone, their jobs are gone. more certainty, I am at a loss to ex- to truly sick victims. Every day that Think about it. plain why anybody would object to this passes is a day in which hard-working In our medical criteria, we have pro- bill. The unions that continue to op- Americans at companies that had little vided hundreds of thousands of dollars pose the bill risk throwing away the or nothing to do with asbestos face de- for central categories of people who last best chance to compensate fairly creased pensions and an uncertain em- will never get mesothelioma, many of those who are truly sick and provide ployment future, with a real potential whom are not sick, many of whom have some protection to those whose jobs for loss of jobs. Every day that passes cancer but were ardent smokers most and pensions are at risk because of the is a day we deny consideration of a of their lives, where 99-to-1 their can- asbestos litigation crisis, because their comprehensive solution to one of the cer came from smoking and not from pensions are going to be lost as more most plaguing civil justice issues of exposure to asbestos. But in this bill, companies go into bankruptcy, forced our time. we give them the benefit of the doubt. into it by the phony system we cur- Mr. President, I have heard that Not only do those union members lose rently are undergoing. some on the other side have said the out on these moneys that will be very Quite frankly, the only entity that one reason they really don’t want to go easy to obtain once they meet certain stands to lose under this bill is the ahead with the bill is not because they minimum medical criteria that every- handful—and it is a handful—of per- doubt its efficacy, or that it is right, or body agreed to—Democrats and Repub- sonal injury lawyers who have guzzled that they doubt the words I have been licans—but they will do it without more than $20 billion of the costs in- saying today; the real reason behind it, huge attorney fees, and they will do it curred on this issue as of the last some have said, is that the personal in- without knowing that their injuries year—$20 billion. No wonder they want jury lawyers are expected to put up at came from asbestos exposure, when this gravy train to keep going. If the least $50 million or more for their Pres- they probably did come from the exces- improved FAIR Act is passed, they will idential candidate. It is not hard to fig- sive smoking they did all their lives. not be able to leverage unimpaired ure out where they are going to get the But we have given them the benefit of claims anymore to squeeze a projected money. It is going to be right out of the doubt. They will do it without los- $41 billion more for themselves from the hides of these asbestos victims, ing their pensions, their jobs. Their remotely connected companies by re- many of whom have died. I hope that is families will be better off. fusing a broken system. I am talking not the case. I hope that is just a set of To some of my colleagues on the about the personal injuries lawyers. rumors, but it is coming up all too fre- other side, there is never going to be Defense lawyers who have to defend quently. enough money, no matter what you do. these cases are going to pull a huge Is that why we cannot even proceed But there are limits to what these amount of money out, too, as these to the bill? I have been here a long companies can pay without going into cases go on for 20 years or more. I am time and very few motions to proceed bankruptcy. Like I said, 70 have al- all in support of compensating attor- have been filibustered, except for a ready gone into bankruptcy and there neys for the value of their work—no delay of a day or 2, and even then we will be many more if they don’t resolve question about that—but when the law- have had very few. We have always these problems. This bill will resolve yers get rich while diverting the valu- been able to proceed to the bill. them. It does it in a reasonable, decent, able resources away from sick victims, I suspect the reason they are going to honorable way, and still provides $2.5 something is wrong with the system. filibuster the motion to proceed is be- billion for lawyer fees. That is a lot of You don’t need me to tell you this. cause it is a little more difficult to fig- money for a no-fault system, even The Supreme Court thinks that is the ure out by the general public that you though those who have been raking in case. Think tanks and other non- are not on the bill yet, so a motion to the billions of dollars—the very few

VerDate Mar 15 2010 00:20 May 14, 2014 Jkt 081600 PO 00000 Frm 00008 Fmt 4637 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2004-SENATE-REC-FILES\S19AP4.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY April 19, 2004 CONGRESSIONAL RECORD — SENATE S4083 lawyers—are giving other trial lawyers crease oil production in order to help the period that is coming upon us. The a bad image and are ripping off the sys- the kind of people I saw over this last Saudis want to boost their profits. I tem. week in Oregon who are getting have always said OPEC is going to Having said that, there are trial law- mugged at the gas pump. stand up for OPEC. Anybody who yers in this country who deserve our When I introduced this resolution re- thinks OPEC stands up for the Amer- respect, who are honest, who do not cently, to put some real pressure, a ican consumer thinks Colonel Sanders buy off judges, who do not abuse the full-court press on OPEC to increase oil stands up for chickens. system, who do not forum shop into production, I wrote a resolution that I understand the Saudis and that these jurisdictions that you know are mirrored what a number of our col- country are going to be interested in going to violate the basic strictures of leagues offered during the years when everything that will boost their prof- society, giving huge verdicts to those Bill Clinton was President. its. I can understand why any Presi- who don’t even deserve anything. There was an objection to the Senate dent would want gas prices to be low These trial lawyers are people who ba- considering my resolution to start put- with an election coming fast. But what sically help keep society straight. ting some pressure on OPEC and the about what the American families Many of them were people who basi- Saudis to increase production. It seems want? cally sued the companies that were to me given what a lot of us saw on ‘‘60 We know what the Saudis want. We most responsible for these problems. Minutes’’ last night, I hope some of our know about the climate before a Presi- But now we are coming down to a lot colleagues and friends on the other side dential election. While the Saudis of personal injury lawyers who really of the aisle would now reconsider my count the profits and the President should be ashamed of themselves. You resolution and reconsider their objec- counts on the word of the Saudis, have seen the ads in the newspapers tion to it. American consumers are counting out and so forth. They are as trumped up as In an interview last night on the CBS more and more of their hard-earned anything I have ever seen, and they are news magazine, the Washington Post’s dollars just to fill up at the gas pump. even on television. Nobody should ex- Bob Woodward talked about the sub- When the market opened this morn- ploit the suffering of others, including stance of a reported conversation be- ing, U.S. crude oil futures were $37.74 a ourselves. We are trying to do our very tween our President and Saudi Arabia’s barrel, which is about $8.50—or about 30 best to make sure everybody who truly Ambassador to the United States, percent—higher than a year ago. suffered gets just compensation under Prince Bandar. Reading a portion of As I noted over this last weekend, Or- the circumstances. That is what this Mr. Woodward’s new book, cor- egon families were paying an all-time bill will do. We have worked hard to respondent Mike Wallace said last high for gasoline. A number of our get it here and it is time that we pass night, ‘‘Bandar wanted Bush to know communities have seen prices of over it. that the Saudis hoped to fine-tune oil $2 a gallon. I hope my colleagues on the other prices to prime the economy 2004. What With gas prices through the roof, the side don’t filibuster the motion to pro- was key, Bandar understood, were the administration should have pressured ceed. That should not be done on some- economic conditions before a Presi- OPEC ahead of the cartel’s planned re- thing this important. dential election.’’ duction cut, and the President should Mr. President, I yield the floor and I want to start my discussion this have used his relationship with the suggest the absence of a quorum. afternoon with the question, Should Saudis to bring relief to American con- The ACTING PRESIDENT pro tem- the United States allow a foreign sumers. pore. The clerk will call the roll. power to decide our Nation’s energy se- Let me repeat that. You have the The legislative clerk proceeded to curity? Certainly this is a troubling prices soaring through the roof. You call the roll. question. have the administration with an oppor- Mr. WYDEN. Mr. President, I ask It seems to me the pieces of the gas tunity ahead of time to put pressure on unanimous consent the order for the price puzzle are beginning to come to- OPEC ahead of their planned produc- quorum call be rescinded. gether. I will tell you that I believe it tion cut. Certainly the President has The ACTING PRESIDENT pro tem- forms a very troubling picture. had the kind of relationship with the pore. Without objection, it is so or- On March 31, the New York Times re- Saudis that would ensure they listen dered. ported a senior official in an OPEC seriously, and yet we saw this morn- f country as having said the United ing’s report indicating the White House States is placing ‘‘very little’’ pressure had different priorities when it came to GAS PRICES on the oil cartel to increase gas prices. gasoline prices, OPEC, and the Saudis. Mr. WYDEN. Mr. President, like you, The Saudi official continued by saying My view is there just isn’t any sub- I was home over the last few days and of OPEC’s discussions with the United stitute for leadership when our families very much enjoyed being with you, and States, ‘‘We’re telling them, keep your are hurting financially. Unfortunately, I particularly enjoyed the honor we re- mouth shut.’’ we haven’t seen it in recent days. ceived from the Classroom Law Days later, OPEC moved to ratify a I call on the Senate once again to Project. It has been a tremendous 1-million-barrel-per-day production cut send a clear message that the Amer- privilege to be able to team up with that would further drive up gasoline ican people come first. The President you on those kinds of initiatives. prices in our country. The Reuters ought to be using his relationship with I want to discuss one of the issues news service then reported the Saudi the Saudis to help reduce gasoline about which I heard a great deal and I Foreign Minister was asked whether prices now—not at a time of his choos- am sure you did as well when we were the United States had expressed any ing or the Saudis’ choosing. It ought to home. Gas prices in Oregon have now disappointment over OPEC’s produc- be at a time when it best meets the hit an all-time high. Over this past tion cut. The Saudi Foreign Minister needs of our consumers, and that is weekend, folks in Eugene and Medford said, ‘‘I didn’t hear from this Bush ad- right now. in particular were paying more than $2 ministration. I’m hearing it from you I ask the Senate to once again con- a gallon. Of course in our State this that they are disappointed.’’ sider my simple resolution. It parallels works a tremendous economic hard- Last night on ‘‘60 Minutes,’’ Bob the one that was authored by our ship. Folks have to drive long distances Woodward told us the Saudi Ambas- friends and colleagues now in the Cabi- in many communities, and particularly sador indicated to the President that net, Senator Abraham and Senator for small businesses it is of tremendous ‘‘certainly over the summer, or as we Ashcroft, who were then serving in this economic concern at this time. get closer to the election, they could distinguished body. The resolution I In light of what I saw last night on increase production several million authored mirrors theirs to bring pres- the news program ‘‘60 Minutes,’’ I want barrels a day and the price would drop sure to bear on OPEC and the Saudis to to talk for a few moments about a reso- significantly.’’ increase production. The Senate ought lution I have introduced recently call- I can understand why the Saudis to be able to act at least as quickly on ing on President Bush to put some real would want to cut production right be- my resolution as it did on the one that heat on the Saudis and OPEC to in- fore the heavy summer driving season, passed in 2000. That was good enough

VerDate Mar 15 2010 00:20 May 14, 2014 Jkt 081600 PO 00000 Frm 00009 Fmt 4637 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2004-SENATE-REC-FILES\S19AP4.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY S4084 CONGRESSIONAL RECORD — SENATE April 19, 2004 for President Clinton, and it ought to 2290, the asbestos bill. I have come to ever even get sick. Still they have to be good enough for this President. the Senate this afternoon to talk a lit- sue to protect their rights. As I noted, we have had a number of tle bit about the legislation. It is a Third, many of those who are exposed our former colleagues in support of it. good bill. It is a bill that, quite frank- to asbestos feel compelled to sue imme- The previous resolution was introduced ly, needs to be passed. I believe our diately because the number of finan- on February 28, 2000, and was passed on civil justice system generally works cially sound potential defendants is March 27. I am very hopeful with crude very well. Like many of my colleagues rapidly diminishing. Someone who has oil prices at a 13-year record high the on both sides of the aisle, I think our been exposed to asbestos, even if he or Senate will now apply the same prin- State and Federal courts are a vital she has no symptoms, may decide to ciple in this administration that was part of our entire system of govern- sue now or take the risk that nobody applied in the Clinton administration. ment. Our court system ensures a level will be left to pay a claim down the We ought to say on a bipartisan basis of fairness and justice for our citizens road. that every American President ought that is second to none in the entire Clearly, this system isn’t meeting to have a full-court press in place in world. the needs of victims, and it also is order to stand up for the consumer, to Our civil justice system works well causing tremendous problems for the stand up to OPEC, and to speak up for when we let juries decide disputes be- business community. Candidly, asbes- our families who are getting clobbered tween two individuals or a limited tos liability is bankrupting many po- at the gas pumps. number of parties. It usually works tential defendants as claims are now In conclusion, this morning I noted well in class action cases with large being brought against businesses that the White House had no comment on numbers of individuals with similar in- have a very remote connection to the the Saudi promise to cut oil prices. juries caused by one or a handful of de- manufacture of asbestos. So the impact They said, Well, you can ask Prince fendants. But we all have to admit our of asbestos claims is overwhelming, not Bandar, and essentially said they justice system is not perfect. It doesn’t just to some of our Nation’s largest weren’t going to get involved. always work. companies but to our small businesses I will say based on what I heard this We all know our justice system has as well. weekend that standing on the sidelines failed to deal with the asbestos crisis. I As a consequence, tens of thousands isn’t good enough. This is an area that use the term ‘‘crisis’’ because that is of workers, people employed by these the Senate ought to come together on exactly what it is. The system is not businesses, are, in fact, being affected. in a bipartisan basis, the way it did in adequately protecting the rights of vic- Thousands and thousands and thou- 2000. It is a key part of I think a com- tims nor defendants. As things stand sands of people are being affected. Em- prehensive strategy to hold down gaso- now, some victims are successful in ployees and their families who never line prices. getting jury verdicts that compensate had any exposure to asbestos are, in I have been trying to get the Federal them fairly. But many victims have no fact, feeling the effects in lost wages, Trade Commission off the sidelines. one to sue and receive perhaps 5 per- and for many of them lost jobs. Certainly a lot of these refinery shut- cent or 10 percent of the total value of The impact in my State of Ohio is downs smell because they look more to their claims from asbestos bankruptcy particularly severe. From 1998 to the be boosting profits than boosting com- trusts. That is not right. It is not fair. year 2000, Ohio was one of the top five petition. But today I come to the floor On the other extreme, some victims States in which asbestos litigants of the Senate, given that very trou- receive huge awards or settlements chose to file their suits. This is partly bling report last night on ‘‘60 Minutes’’ that are way out of proportion to their because Ohio is the home of many busi- and say I think there needs to be a full- injuries. The bottom line is, more and nesses that at one time or another used court press and a comprehensive push more victims face a risk of never being asbestos in products. It is also likely on OPEC in order to lower gasoline compensated for asbestos-related ill- the result of a litigation strategy in prices. nesses at all, ever. which attorneys look for a court that We have seen this troubling issue It is our responsibility in the Senate has a history of allowing overly gen- raised in the last 24 hours which makes to deal with this crisis. We must not erous verdicts for claimants. This is me feel the question of how much pres- wait any longer to act. I would like to known, of course, as forum shopping. sure is being put on OPEC and when it take a moment to talk about why we But either way, literally thousands of is being put doesn’t seem to be done in have this asbestos crisis and why the companies have been named as defend- a way that is going to best get relief to courts are ill equipped to deal with it. ants in our Ohio courts. the American consumer. The American First, the sheer volume of claims is Out of 8,400 firms that have been consumer deserves to have a White staggering. So far through the year named as defendants nationwide, over House that is pushing now and pushing 2002—the last figures we have—730,000 7,000 have been named in cases filed in hard to get relief for the consumer at individuals have made claims for asbes- Ohio. Of the 66 or so companies that the gas pumps. tos exposure, and the most recent Rand filed bankruptcy because of asbestos- I hope my colleagues on the other study estimates that anywhere be- related liability, more than 20 of these side of the aisle will reconsider their tween 1 million and 3 million total in- companies are headquartered or have objection to my resolution to urge dividuals could make claims in the fu- significant facilities in Ohio. OPEC to increase production and in- ture. Perhaps most important is the im- crease it quickly so it can be passed by The second factor is the unusual na- pact this has on jobs. More than 200,000 this body on a bipartisan basis as soon ture of the illnesses caused by exposure people worked for those bankrupt com- as possible. to asbestos. As witnesses before the panies. Not every job was lost, but I yield the floor. I suggest the ab- Senate Judiciary Committee testified, many were because of the bankruptcy sence of a quorum. there is a long latency period between and many employees were affected in The PRESIDING OFFICER (Mrs. exposure to asbestos and the actual ill- other ways. It is simply devastating for DOLE). The clerk will call the roll. ness or impairment. People are exposed an employee whose employer goes The legislative clerk proceeded to to asbestos for long periods of time and bankrupt—wages are cut, promotions call the roll. then don’t show symptoms of illness are scaled back, and pension funds can Mr. DEWINE. Madam President, I ask for 25 or sometimes even 30 years. Not be completely wiped out. Of course, unanimous consent that the order for everyone exposed to asbestos ever gets many of these 200,000 employees are in the quorum call be rescinded. sick, thank heavens. Yet our tort sys- Ohio. The PRESIDING OFFICER. Without tem requires a potential victim to file Let me be clear—I believe that com- objection, it is so ordered. his or her claim for injury within a panies should be held accountable for f year or two from discovering the po- their conduct. I am concerned, how- tential harm. What this means is the ever, about the many companies that ASBESTOS LITIGATION REFORM vast majority of people who are filing now find themselves held responsible Mr. DEWINE. Madam President, claims don’t have any actual symp- for the actions of other companies. shortly, we hope to be taking up S. toms at that time, and many may not These companies employ thousands of

VerDate Mar 15 2010 00:20 May 14, 2014 Jkt 081600 PO 00000 Frm 00010 Fmt 4637 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2004-SENATE-REC-FILES\S19AP4.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY April 19, 2004 CONGRESSIONAL RECORD — SENATE S4085 people and contribute to our economy ‘‘bail out’’ here, it is in the current These are bankruptcies that will cost and tax base. No one, including the vic- bankruptcy code. thousands of Americans their jobs and tims of asbestos, is served by the clo- The Johns-Manville Company is a their pensions—bankruptcies that sure or dramatic reorganization of perfect example of an asbestos manu- mean that fewer and fewer victims will these companies. With both victims facturing company gone bankrupt. For receive compensation in the civil jus- and employers at risk, we have no years, Manville produced a whole range tice system. This is why the legal sys- choice but to enact a legislative rem- of products containing asbestos and tem is broken and why we need the bill edy to address this problem. We need to had as much as one half the market before us to help fix it. do something that protects the rights share for manufactured asbestos prod- Mr. President, I will talk about just of those harmed by exposure to asbes- ucts. They were the subject of intense one example from my State of Ohio. In tos and allows businesses at least to asbestos litigation and filed for bank- my State, there is a medium-sized predict how much this crisis will cost. ruptcy in 1982. All the assets of Johns- company that employs over a thousand ‘‘Predictability’’ is the key word for Manville were sold years ago and the hardworking Ohioans. Before the dan- business. The FAIR Act provides that proceeds are in the Manville Trust. gers of asbestos were known—when the protection and predictability—protec- Johns-Manville as it existed pre-bank- industry standard was to use asbestos tion for the victims and predictability ruptcy is long gone. The Manville in a variety of products—this company for business. Trust exists solely to compensate vic- sold a home repair product for do-it- Mr. President, I will respond to an ad tims of asbestos exposure. yourselfers; the product was a drywall campaign that paints the FAIR Act as In the real world, as it exists today, paste. This product was not used in big nothing but a bailout for big companies Johns-Manville’s asbestos liability is commercial applications. Professional that manufactured asbestos products. limited to the assets which are held by contractors did not use this product. It The ad includes some outrageous and the Manville Trust. Johns-Manville was sold in local hardware stores to av- indefensible quotes from asbestos com- will never have to pay another dime for erage Americans who wanted to do pany executives, and implies that Con- asbestos exposure, over what is cur- things such as patch nail holes in their gress wants to bailout the companies rently in the trust. Under our bill, all own homes or maybe finish the inside that were the source of these quotes. the money in the Manville trust will be of a garage. I want to try to set the record rolled into the national trust. Manville At its peak, this company had less straight. But first, I want to say that I will not get a dime back; they will not than a 1-percent market share for this would not, under any circumstances, save a single dime. And, they are not product and made less than $500,000 vote to bailout any company that in- relieved from a single cent of their ex- total. As soon as the dangers of asbes- tentionally harmed its employees. isting liability. This is true for all the tos were known, this company imme- diately stopped production of their However, this bill is not about releas- asbestos manufacturing companies, product. ing big asbestos companies from liabil- which have gone bankrupt. My point is that the suggestion that I would like everyone to keep in ity simply because there are virtually this bill bails out big asbestos manu- mind that the majority of harm caused no companies left that manufactured facturing companies is almost silly— by exposure to asbestos is a result of asbestos. occupational exposure which is individ- With one notable exception, they all there are virtually no ‘‘asbestos’’ com- panies left to bail out. uals who routinely work with asbestos went bankrupt. I’ll talk about the ex- And, I should note, the Manville products on the job over a long and ception in a moment, but let me tall Trust is currently paying claimants 5 continuous period of time. It was un- you what the essential facts are with cents on the dollar. So, the future vic- likely that anyone had any occupa- regard to asbestos manufacturing com- tims of asbestos exposure whose only tional exposure to the product made by panies. Johns-Manville went bankrupt recourse will be against the Manville this Ohio company. in 1982; 48 Insulations went bankrupt in Trust do stand to benefit greatly by Let’s take these two important facts 1985; Raymark went bankrupt in 1989; this bill. The truly sick individuals together. One, the product was not sold Celoteax went bankrupt in 1990; Eagle who only have claims against Manville for use in commercial settings. By defi- Picher went bankrupt in 1991; Arm- will receive significantly more com- nition, then, an individual could not strong World Industries went bankrupt pensation under the national trust have been exposed to this product over in 2000; Babcock & Wilcox went bank- than they would from Manville. time as part of his occupation and, rupt in 2000; Federal Mogul went bank- Now, I mentioned an exception a two, a vast majority of asbestos-re- rupt in 2001; Owens-Corning went bank- minute ago. There is one company that lated diseases were only caused by oc- rupt in 2000; U.S. Gypsum went bank- could be considered an asbestos manu- cupational exposure over long periods rupt in 2001; and W.R. Grace went facturing company. The company is a of time. One would think this adds up bankrupt in 2001. large and diversified manufacturer. to a pretty good defense in litigation. Some of these companies had a lot to But, it had a small division that made One would think this company should answer for with regard to the asbestos pipe that included asbestos up until not fear defending themselves in court. exposure; others manufactured asbes- 1958, when the pipe manufacturing divi- One would think they would do OK in tos products before the dangers were sion was sold. our civil justice system. Let me tell known. We don’t need to judge their But, here is the key—to date, this you what has happened over the last culpability, however. They no longer company has paid more than $1.5 bil- few years to this company. exist as companies that must account lion towards its asbestos liability—li- They have been named in over 4,000 for their conduct with regard to asbes- ability that is largely exhausted be- lawsuits that include something like tos. And, most importantly, this bill cause it has not manufactured an as- 15,000 individual claimants. The com- has little effect on these companies. It bestos product for 45 years. Nonethe- pany has actually won all of the few is clearly not a ‘‘bailout.’’ Here’s why. less, under this bill, the company will cases it has tried. However, in most of In an asbestos liability bankruptcy, a pay hundreds of millions of additional these cases, they have a number of co- majority of the assets of the company dollars into the trust fund. Is this bill defendants ranging from 6 to 20 or are put into a trust fund to compensate a ‘‘bailout’’ for this company? Clearly, sometimes 30 in a single case. Some- asbestos claimants. I want to note here it is not. times these codefendants settle early that traditional creditors, such as Mr. President, in addition to pro- on. Sometimes codefendants are bank- banks, suppliers, and stockholders are tecting the victims of asbestos expo- rupt companies which were, in fact, the minority creditors and often get sure, at issue in this bill are small and bad actors when it came to asbestos. mostly shut out of recovery all to- mid-size businesses which did not man- As litigation proceeds, this Ohio gether. ufacture asbestos products. These are company finds itself in an extremely Please keep in mind that a com- businesses that provide needed jobs to difficult position over and over. It may pany’s stockholders often include the Americans across the country—busi- be one of three or four solvent defend- company’s pension fund. This bank- nesses that are being driven to bank- ants left in the case. Although it has a ruptcy process eliminates all of a com- ruptcy themselves due to the remotest valid defense, other defendants may pany’s asbestos liability. If there is a of connections to asbestos. not have a good defense.

VerDate Mar 15 2010 00:20 May 14, 2014 Jkt 081600 PO 00000 Frm 00011 Fmt 4637 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2004-SENATE-REC-FILES\S19AP4.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY S4086 CONGRESSIONAL RECORD — SENATE April 19, 2004 The problem is, many States have talking for a couple more minutes the Senate it seems like at one time or something called joint and several li- about the process that has led us to another has been involved. ability. What that means is if a jury this point where we are actually debat- Negotiations continued behind the finds another defendant liable and ing whether to bring the asbestos re- scenes. Every Senate office and every grants a huge jury verdict and that lia- form bill to the Senate floor for debate. party was not at every single meeting. ble defendant is bankrupt, our Ohio I have been working on and sup- That would not have been impractical, company is on the hook for the entire porting efforts to deal with the asbes- if not impossible. Yet countless sugges- amount. So instead of taking a chance, tos crisis for most of my time in the tions, and suggestions from Senators the company I am talking about in Senate. A little over a year ago, my and outside parties, were included in Ohio figures it is in their best interest staff and I had numerous meetings to the discussions and negotiations. Then to settle. They settle over and over discuss the issue. I met with a lot of in June 2003, the Judiciary Committee again in cases in which they have a le- folks from Ohio who told me stories began marking up a draft bill which we gitimate, significant defense. that the impact of the asbestos crisis formulated from the earlier discus- In this example, this Ohio company had on them. These meetings were not sions—and what a markup it was. It has spent in excess of $175 million on only happening in my office, but were was an unbelievable time. I think it asbestos litigation so far. They have a happening all over the Senate in Demo- took place during 4 full days over the good defense. They have won 100 per- cratic and Republican offices alike. My course of several weeks. I think we cent of the cases they have taken to colleagues had similar experiences. adopted 35 bipartisan amendments, trial. Yet they have spent $175 million They were experiences with companies, many of them making significant on asbestos litigation. but, frankly, they were also experi- changes to the bill. The Senate is not a court. We are not ences with victims. It is safe to say not a single Senator in a position to judge liability or non- We had a hearing in the Judiciary on the committee was entirely happy liability of every defendant. I am not Committee in early March of 2003. with the resulting bill we reported. asking my colleagues to do this, but I Then I recall participating in a bipar- While the final vote was not over- can say this Ohio company seems to tisan asbestos summit which was orga- whelming, the process was bipartisan. have an extremely good defense to li- nized by our friend and colleague, Sen- Nobody got everything they wanted. In ability, and a jury has said so several ator DODD. That occurred April 1 of fact, we created a little bit of a mess. times. I doubt all manufacturers that last year. A large number of Senators It is a large and complicated bill, and have been named in lawsuits have such on both sides of the aisle participated some of the amendments we adopted a good defense. So I want to make it in that summit. Then for months, conflicted with others. Some of the clear that the last thing I want is for a through the spring and summer, we all amendments we adopted sounded very company that is legitimately liable for worked intensely, meeting and negoti- reasonable, but frankly did not with- ating. A point came when we decided causing someone harm to get off free. stand post-markup scrutiny. That is the best approach to solving this prob- There is really no chance of that under the way it works sometimes in the lem was to create a privately funded this bill, and I want to make that Senate. trust which would be managed by the clear. So the negotiations and redrafting Under this bill, this Ohio company I Federal Government to compensate started again, as often happens in described will be required to pay $450 victims. large, complex bills. Again, many Sen- This approach won out over the tra- million into a trust fund for people who ators from both sides of the aisle and ditional-tort-reform-type approach have health problems caused by expo- outside parties submitted input into that had been discussed previously. sure to asbestos. That is $450 million in the process. Meetings took place on at Some of my colleagues were not happy addition to $175 million already spent. least two or three different tracks. about that decision, and some outside That does not seem fair. It does not businesses affected by asbestos were Senator FRIST’s office led staff negotia- seem fair to them when they look at it. not happy about that decision either, tions that included representatives for But this company and hundreds of oth- but it was a compromise reached with Senator DASCHLE, Senator HATCH, Sen- ers like it are willing to go along with the input of a number of Republican ator LEAHY, Senator SPECTER, Senator this solution even though to them it and Democratic Senators and with the DODD, and others. Again everyone was does not seem fair. It does not seem input of industry and organized labor. not at every meeting. Many times fair to them when they look at it, but Our staff and outside groups rep- more than one meeting was going on. they are willing to do it because it is resenting organized labor, big and It was not practical to have everyone better than the status quo. It is better small manufacturers, and insurers met who was interested in attendance at all than the uncertainty they are facing and worked for dozens of hours on the times, but a range of political views today. It is going to be painful for the structure of the fund, medical criteria, was represented at these meetings. companies and their employees, but it claims values, and funding. They At the same time, Senator SPECTER is better than the uncertain future worked on nights and weekends. I re- convened a series of very important they face under the status quo today. call when my staff reported to me meetings with the help of retired Cir- I have heard from several Ohio com- about progress in an intense all-day cuit Judge Becker. These comprehen- panies that, frankly, are not happy session on a sunny Saturday in June, sive meetings involved stakeholders in about some of the provisions of this which included representatives from the asbestos issue, many of whom I bill. If we can debate this bill in the the AFL–CIO, the Asbestos Study have mentioned earlier. These meet- Senate, I plan to work with Senator Group, the Asbestos Alliance, the ings continued up until last week, as I HATCH and others to make some addi- American Insurance Association, and understand it. tional refinements to the bill. Still, I staff from Senator LEAHY’s office, Sen- I have gone through this tedious his- anticipate that many businesses will be ator KENNEDY’s office, Senator DODD’s tory for one reason, to point out this concerned that we have gone too far office, Senator HATCH’s office, my of- bill is not a result of a single Senator’s and demand they pay too much into fice, and other offices as well. partisan effort to craft a biased asbes- the trust fund. But it is what must be I recall we had another meeting in tos reform bill. Anyone who thinks done, I believe, to guarantee that the Judiciary Committee in early that just has not followed the laborious American owned and operated compa- June. I recall that we welcomed the at- history of this bill. That is not the nies have the certainty and predict- tendance of other Senators who were fact. That is not true. Thousands of ability they need in dealing with their not on the Judiciary Committee at hours have gone into creating this bill potential asbestos liability. Hopefully, that hearing. I believe Senator DODD, with input from all directions in this we will save companies from the bank- Senator CARPER, and Senator MURRAY Senate. It is easy to say now, well, that ruptcies that cost jobs and pensions. attended some of the hearings. I know was not or this was not put into the I would like to conclude my remarks. staff from many other Senate offices bill or that meeting was not attended I see my colleague from Tennessee is in were there as well. or I was excluded from that meeting, or the Chamber. I assure him I am wrap- My only point is this was a group ef- hundreds of other allegations that the ping up. I conclude my remarks by fort, where virtually every Member of process for this bill was insufficient or

VerDate Mar 15 2010 00:20 May 14, 2014 Jkt 081600 PO 00000 Frm 00012 Fmt 4637 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2004-SENATE-REC-FILES\S19AP4.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY April 19, 2004 CONGRESSIONAL RECORD — SENATE S4087 maybe not even fair. The fact is this from auto parts suppliers. I hear about worker losing up to $50,000 in average has been a good process. it, as I am sure the Senator does, from wages and an average of 25 percent of I conclude by saying in fact the proc- many manufacturers. I thank him for the value of their 401(k) accounts. ess that led to this bill was comprehen- his leadership. I ask unanimous con- Moreover, an estimated 423,000 new sive, it was fair, it was bipartisan. I do sent to be recognized as in morning jobs will not be created because asbes- not think we should use complaints business for the purpose of introducing tos defendants will have to reduce cap- about process as an excuse to vote legislation. ital investments by as much as $33 bil- against proceeding to debate on this The PRESIDING OFFICER. Without lion. bill. We should bring this bill to the objection, it is so ordered. The FAIR Act would revive the econ- floor. We have been through a long, la- Mr. ALEXANDER. I thank the Chair. omy, as asbestos litigation costs are borious, and a good process. It has got- (The remarks of Mr. ALEXANDER and currently wreaking havoc on American ten us this far. Mr. CHAMBLISS pertaining to the intro- business. As approximately 8,400 com- If anyone would have said to me 2 duction of S. 2319 are located in today’s panies in all industries have been tar- years ago, 3 years ago, 18 months ago RECORD under ‘‘Statements on Intro- geted, the cost of capital for American we would have been this far on this duced Bills and Joint Resolutions.’’) businesses has increased by as much as bill, I would have said, I do not think Mr. ALEXANDER. Madam President, 14 percent, annual capital investment so; I do not think we can craft a bill I suggest the absence of a quorum. has gone down $1.6 billion, and annual that would be even this close. We have The PRESIDING OFFICER. The economic growth has been slowed by come a long way. clerk will call the roll. $2.4 billion. More than 70 American First of all, we owe it to the victims The legislative clerk proceeded to businesses have filed for asbestos-re- who are still not being compensated, call the roll. lated bankruptcies, 35 of these just either at all or adequately, to craft Mr. CHAMBLISS. Madam President, since the year 2000. this bill and to report a bill. We owe it I ask unanimous consent that the order In sum, S. 2290 will provide fair and to the victims to debate this and give for the quorum call be rescinded. timely compensation to asbestos vic- it our best efforts on the Senate floor. The PRESIDING OFFICER. Without tims and certainly to American work- Too much work has gone into this. We objection, it is so ordered. ers, retirees, shareholders, and the U.S. have come too far. We owe it to the f economy. Congress has never been workers who will lose their jobs if more more close to resolving the asbestos THE FAIR ACT companies have to declare bankruptcy litigation crisis than it now is with S. or if more companies go out of busi- Mr. CHAMBLISS. Madam President, 2290. ness. We owe it to those companies, but I rise today to speak on the need to re- This bill provides for a privately most of all we owe it to the victims. solve the crisis in the asbestos litiga- funded, no-fault national asbestos vic- So let’s bring this bill to the floor. tion. tims’ compensation fund that will step Let’s give it the chance it deserves. We S. 2290, the Hatch-Frist-Miller FAIR into the shoes of the Federal court sys- have put a great deal of effort in it. Act of 2004—FAIR, of course, stands for tem and ensure that individuals who Let’s do the right thing, bring this bill Fairness in Asbestos Injury Resolution are truly sick receive compensation to the Senate floor. Act—is a bill that would solve many of quickly, fairly, and efficiently. The I thank my colleague from Tennessee these problems in an expedited fashion. FAIR Act retains the bipartisan agree- for his indulgence. S. 2290 will secure fair and equitable ment on medical criteria that the Judi- I yield the floor. compensation for asbestos victims who, ciary Committee approved last year. The PRESIDING OFFICER. The Sen- right now, face uncertainty, delay, and These criteria form the basis of a no- ator from Tennessee. risk in the court system. As things fault victims’ compensation fund that Mr. ALEXANDER. Madam President, stand today, compensation for asbes- will stop the flow of resources to the I commend the Senator from Ohio for tos-related injuries is more likely to be unimpaired and ensure that the truly his comments on the asbestos legisla- determined by where and when your ill will be paid quickly and fairly. tion. This is a time when Americans claim is filed and who your lawyer or S. 2290 contains many improvements are concerned about jobs, especially judge is than by how sick you are. made to its predecessor, S. 1125. The about manufacturing jobs. In the State Under the current system where com- new bill reflects several months of in- of Tennessee, as in the State of Ohio, a panies can declare bankruptcy and sub- tensive negotiations by the stake- large number of those jobs are in the stantially avoid paying damages, a holders in this important debate and automotive industry. About one-third truly injured victim might recover ab- affirmatively addresses the major of the manufacturing jobs in Tennessee solutely nothing for their actual harm, issues of concern identified by the is in the automotive industry. Making while a claimant with no physical im- stakeholders following the Judiciary automobiles is a very competitive busi- pairment can recover his or her whole Committee approval of the original bill ness. There are companies all over the claim. That is simply not right. S. 1125. world making cars. They are putting The FAIR Act would cut down on Let me take a minute to say that as their assembly plants and their parts delays in compensation to asbestos vic- a member of the Judiciary Committee, suppliers in Ohio and in Tennessee, but tims. Today, courts are being over- I have been a party to a lot of the nego- they can put them in Germany, South whelmed by a flood of asbestos cases, tiations—certainly not all of them. Korea, Mexico, and other places. If with some truly ill victims actually Chairman HATCH has done a great job costs in manufacturing cars and trucks dying before they see their day in of steering the negotiations, but this in America go a little bit higher, then court. An estimated 300,000 claims are has been a bipartisan effort. we hear a lot about jobs going over- pending; 730,000 individuals have al- I take a minute to commend Sen- seas. ready brought claims; and 60,000 to ators on the other side of the aisle, All Senators who are worried about 100,000 new claims are filed each and some who are on the Judiciary Com- good manufacturing jobs going over- every year. However, at least three- mittee and some who are not, including seas, jobs in the automotive industry quarters or more of current claims are Senator FEINSTEIN, Senator BIDEN, in Ohio and in Tennessee, should be from the unimpaired. Bankruptcies Senator DODD, Senator KOHL, and oth- wanting to come to the Senate floor which often result from massive court ers, who have been strong proponents and raise their hand and say, let’s get filings by unimpaired claimants fur- of trying to reach a conclusion of this on with this asbestos legislation be- ther delay and diminish compensation asbestos litigation issue. I don’t know cause it is slowing down our economy, to truly injured victims. how they will vote on the final bill. it is going to hurt the companies that S. 2290 would save American jobs and That is not important to me right now. produce the jobs and it is keeping the preserve pensions. American jobs are But it is important they have nego- victims from getting a fair recovery. being lost because of this broken sys- tiated in good faith and been a party to So I congratulate the Senator from tem. Asbestos-related bankruptcies the negotiations in a fair and reason- Ohio. This helps Americans, and it is a have led to the direct loss of as many able manner. I commend them for tak- piece of jobs legislation. I hear about it as 60,000 jobs, with each displaced ing part and for their cooperative spirit

VerDate Mar 15 2010 00:20 May 14, 2014 Jkt 081600 PO 00000 Frm 00013 Fmt 4637 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2004-SENATE-REC-FILES\S19AP4.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY S4088 CONGRESSIONAL RECORD — SENATE April 19, 2004 as we have gone through these negotia- processing claims in short order. Our should carry this flawed system and its tions. new bill grants interim authority to an problems into the future. It is a rhetor- S. 2290 includes revised funding provi- existing Assistant Secretary of the De- ical question, of course, but the an- sions. The new bill establishes a fund partment of Labor until the new ad- swer, unfortunately, is that we are that can pay $114 billion in claims, ministrator is appointed to avoid po- doing just that. with an additional $10 billion in contin- tential delays associated with the ap- Last year, 43.6 million Americans gent funding available from defendant pointment process. were without health coverage—an in- companies. Money required to go to the Lastly, S. 2290 provides for upfront crease of over 2 million from the year fund from defendants and insurers is funding, as early as 90 days after date before. About 74,800 people in my State assured over a period of 27 years. De- of enactment, from fund participants, of South Dakota—12 percent of the fendant participants, for example, as well as increased borrowing author- population—are without health insur- guarantee their funding obligations ity, to ensure adequate initial funding ance. But statistics alone do not com- through a grant of authority to the ad- will be available to fully meet demand. municate the anguish felt by so many ministrator of the fund to impose a These new provisions are meant to in- people in our country regarding an surcharge in any year where monies re- sure that claimants will have speedy issue as personal as their health care. ceived fall short of the annual require- access to the fund while stopping any Senator CLINTON correctly notes that ments. S. 2290 also provides up to $300 court actions in their tracks; this is to things will only get worse. Her article million annually in hardship and in- prevent any further, scarce resources explains that the very manner in which equity adjustments that may be grant- from being siphoned away from the we finance care is ‘‘so seriously flawed ed by the administrator among defend- truly sick to the unimpaired claim- that if we fail to fix it, we face a fiscal ant participants. Money from insurers ants. disaster that will not only deny quality is front loaded for the early years of The new FAIR Act ensures that any care to the uninsured and underinsured the fund where the most stress on the risk of insufficient funds does not fall but also undermine the capacity of the system is expected. Enforcement provi- on claimants. S. 2290 establishes a fund system to care for even the well in- sions have been strengthened to help that can pay $114 billion in claims, sured.’’ This a sobering warning. the administrator go after recalcitrant with an additional $10 billion in contin- It does not have to be this way. The participants. gent funding available from defendant United States is the only major indus- The new FAIR Act increases com- participants. It also provides the ad- trialized nation that fails to provide pensation going to claimants. Based on ministrator with more management guaranteed health care to all its citi- the funding now available under S. flexibility and increased borrowing au- zens. And, in many countries—Canada, 2290, claims values have been increased thority to be able to address any short- the United Kingdom, Japan, France, in several disease categories. S. 2290 term funding issues. and Sweden to name a few—they do it also now provides for reimbursement Under the terms of the new bill, if while spending less per capita than we for out-of-pocket costs of physical ex- after 7 years it is determined that the do in the United States. Yet in each of aminations by claimants’ physicians as fund will have insufficient resources to those countries, citizens have greater well as costs for x-rays and pulmonary pay off 100 percent of all claims, the ad- life expectancies and lower rates of function testing at the lowest level of ministrator is empowered to take ac- child mortality than we have in the diseased-inflicted claimants or Level I tions to sunset the fund. In this event, United States. claimants. S. 2290 fully protects the rights of We must act. The nonpartisan Insti- S. 2290 establishes a new streamlined claimants by creating a federal cause tute of Medicine recently rec- administrative structure. Rather than of action, so claimants will be able to ommended that by 2010, everyone in administering claims in the U.S. Court pursue their claims in the U.S. District the United States should be insured. of Federal Claims, as was the case Court where they live or where they That is no small task, and it won’t when S. 1125 came out of the Judiciary were exposed to asbestos. come free. But, as Senator CLINTON Committee, the new bill creates a new In closing, it is important to note points out, it will save us money in executive Office of Asbestos Disease that asbestos victims, American busi- other ways. People will get the preven- Compensation within the Department nesses, workers, retirees, shareholders, tive care they need and deserve, and of Labor, which has 90 years of experi- and the U.S. economy cannot afford to this will save us the cost of treating ence in administering similar com- wait any longer for asbestos litigation conditions and diseases that have pro- pensation programs, to process claims reform. Consideration of the FAIR Act gressed. And, certainly, it is a moral as well as manage the fund. The new on the floor will allow what I’m sure imperative when we are talking about administrative structure will be more will be a spirited debate and consider- people’s health. streamlined, more efficient, less adver- ation of any reasonable amendments to We must invest in our public health sarial, and less burdensome on claim- our new proposal. That being said, we infrastructure, in preventive care, and ants. The program can be effectively need move forward with the debate on in covering the care people need. We run at a fraction of the cost. The appli- the FAIR Act and enact S. 2290 now. I can save money by increasing our reli- cation process is faster, is more user ask that my colleagues join me in vot- ance on information technology with friendly, and is fairer to claimants. To ing to move forward on this important appropriate privacy protections. And further ease the burden on claimants, bill. we can use every tool we have—includ- S. 2290 also establishes a claimant-as- f ing genetic testing—to prevent and sistance program. The administrator of contain disease. We can encourage the new office will be appointed by the NOW CAN WE TALK ABOUT these tests by enacting the Genetic In- President with the advice and consent HEALTH CARE formation Nondiscrimination Act, a bi- of the Senate. Mr. DASCHLE. Madam President, partisan bill that has already passed S. 2290 ensures a quick start to proc- yesterday’s New York Times Magazine the Senate but awaits action in the essing and paying claims. S. 2290 in- contained a very insightful article House. We can reduce health dispari- cludes a number of new provisions that written by our colleague from New ties by passing the Healthcare Equality ensure the fund will be set up and that York, Senator CLINTON. This article, and Accountability Act, a bill I intro- processing and payment of claims oc- entitled ‘‘Now Can We Talk About duced with each of the House minority curs as quickly as possible. Placement Health Care?,’’ is truly a call to action. caucuses last year. And we can address of the claims-handling office within Senator CLINTON could not be more the problem of the uninsured in a seri- the Department of Labor will utilize right when she points out that if we ous manner rather than proposing tax DOL’s existing infrastructure and expe- were starting from scratch in designing credits that will do little to help those rienced personnel to facilitate startup. a health care system, ‘‘none of us, from most in need or pushing consumer-driv- S. 2290 requires implementation of in- dyed-in-the-wool liberals to rock-solid en plans that shift cost and risk onto terim regulations and procedures with- conservatives, would fashion the kind the individual. in 90 days after the bill is enacted to of health care system America has in- I commend Senator CLINTON on her allow the office to begin accepting and herited.’’ She pointedly asks why we thoughtful article. It is something we

VerDate Mar 15 2010 00:20 May 14, 2014 Jkt 081600 PO 00000 Frm 00014 Fmt 4637 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2004-SENATE-REC-FILES\S19AP4.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY April 19, 2004 CONGRESSIONAL RECORD — SENATE S4089 all should read. Health care should not legislation regulating the quality of food and crimination, but we have yet to pass legisla- be a partisan issue. It is a necessity. drugs and assuring that safety and science tion that addresses job security and health Whether someone receives the health guided medical developments. Workplace and coverage. The challenges do not stop there. care they need should not depend on product-safety standards resulted in fewer Health insurance will have to change fun- deaths and injuries from accidents. Effective damentally to cope with predictable, whether they are fortunate enough to campaigns cut tobacco use and alcohol knowable risks. Will health insurance com- access and afford adequate health in- abuse. Employers began providing some panies offer coverage tailored to a person’s surance under our current system. I workers with health care coverage, primarily future health prospects? Right now, if you ask unanimous consent that Senator for hospitalization costs. And to aid some of have asthma, or even just allergies, insurers CLINTON’s article be printed in the those left out, President Lyndon B. Johnson in the individual market can exclude your RECORD. persuaded Congress to establish Medicare respiratory system from your health insur- There being no objection, the mate- and Medicaid to address the poorest, sickest, ance policy. Will all health plans stop offer- rial was ordered to be printed in the oldest and highest-risk patients in our soci- ing benefits that relate to genetic diseases? ety. As a result of these accumulated gains, The ability to predict illness may over- RECORD, as follows: life expectancy grew from 47 years in 1900 to whelm more than just the insurance system; [From the New York Times, Apr. 18, 2004] 77 years for those born in 2000. it may overwhelm the patient and the pro- NOW CAN WE TALK ABOUT HEALTH CARE? As astounding as those changes were, we vider. Studies in The Journal of the Amer- (By Hillary Rodham Clinton) are likely to see even more revolutionary ican Medical Association found that nearly 6 I know that you’re thinking. Hillary Clin- changes in the next 100 years. Advances in out of 10 patients at risk for breast and ovar- ton and health care? Been there. Didn’t do medicine coincide with advances in com- ian cancer declined a genetic test, and a that! puters and communications. The American similar fraction of those at risk for colon No, it’s not 1994; it’s 2004. And believe it or workplace is changing in response to global cancer also declined testing. Why? One rea- not, we have more problems today than we pressures. But even positive advances may son is probably to avoid higher insurance had back then. Issues like soaring health come with a negative underside. Our afflu- premiums. But the decision to undergo ge- costs and millions of uninsured have yet to ence contributes to an increasingly sed- netic testing is a complex one that involves fix themselves. And now we are confronting entary lifestyle that, combined with a diet many issues. Positive test results often indi- a new set of challenges associated with the filled with sugar and fat-rich foods, under- cate increased risk but no certainty that a arrival of the information age, the techno- mines our ability to fend off chronic diseases disease will occur. Negative results also logical revolution and modern life. like diabetes. And research is proving that come without guarantees. The development Think for a moment about recent advances the pollutants and contaminants in our envi- of genetic profiles and individual therapies in genetic testing. Knowing you are prone to ronment cause disease and mortality. will exponentially increase the amount of in- It is overwhelming just thinking about the cancer or heart disease or Lou Gehrig’s dis- formation a physician is expected to man- problems, never mind dealing with them. But ease may give you a fighting chance. But age. Instead of remembering one or two we have to begin applying American inge- just try, with that information in hand, to drugs for any condition, a physician will nuity and resolve or watch the best health get health insurance in a system without have to analyze all the different genetic, de- care system in the world deteriorate. strong protections against discrimination for mographic and behavioral variables to gen- pre-existing or generic conditions. Each MEDICAL ADVANCES erate optimal treatment for a patient. vaunted scientific breakthrough brings with The pace of scientific development in med- Medical advances have the potential to it new challenges to our health system. But icine is so rapid that the next hundred years overwhelm the health care system top to it’s not only medicine that is changing. So, is likely to be called the Century of the Life bottom. At the very least, the pace of tech- too, are the economy, our personal behaviors Sciences. We have mapped the human ge- nological progress is so rapid that our anti- and our environment. Unless Americans nome and seen the birth of the burgeoning quated health care system is ill equipped to across the political spectrum come together field of genomics, offering the opportunity to deliver the fruits of that progress. But these to change our health care system, that sys- pinpoint and modify the genes responsible advances are not occurring in isolation from tem, already buckling under the pressures of for a whole host of conditions. Scientists are other factors affecting both how we finance today, will collapse with the problems of to- exploring whether nanotechnology can tar- health care and how much care we need and morrow. get drugs to diseased tissues or implant sen- expect. sors to detect disease in its earliest forms. Twenty-first-century problems, like ge- GLOBALIZATION We can look forward to ‘‘designer drugs’’ tai- netic mapping, an aging population and The globalization of our economy has globalization, are combining with old prob- lored to individual genetic profiles. But the advances we herald carry challenges and changed everything from how we work as in- lems like skyrocketing costs and sky- dividuals to what we produce as a nation to rocketing numbers of uninsured, to over- costs. Think about the potential for inequities in how quickly diseases can spread. American whelm the 20th-century system we have in- drug research. Today, pharmaceutical and companies—and workers—compete not only herited. with one another but all over the world. It is The way we finance care is so seriously biotech companies have little incentive to research and develop treatments for individ- called competitive advantage, but it can put flawed that if we fail to fix it, we face a fis- uals with rare diseases. Never heard of American businesses and workers at a dis- cal disaster that will not only deny quality progeria? That’s the point. This fatal syn- advantage. health care to the uninsured and under- drome, also called premature-aging disease, The United States’ closest economic rivals insured but also undermine the capacity of affects one in four million newborns a year. have mandatory national health care sys- the system to care for even the well insured. It’s rare enough that there is no profit in de- tems rather than the voluntary employer- For example, if a hospital’s trauma center is veloping a cure. This is known as the ‘‘or- based model we have. Automakers in the closed or so crowded that it cannot take any phan drug’’ problem. Genetic profiles and in- United States and Canada pay taxes to help more patients, your insurance card won’t dividualized therapies have the potential to finance public health care. But in the United help much if you’re the one in the freeway increase the problem of orphaned drugs by States, automakers also pay about $1,300 per accident. further fragmenting the market. Even manu- midsize car produced for private employee Let’s face it—if we were to start from facturers of drugs for conditions like high health insurance. Automakers in Canada scratch, none of us, from dyed-in-the-wool blood pressure might focus their efforts on come out ahead, according to recent news re- liberals to rock-solid conservatives, would people with common genetic profiles. De- ports, even after paying higher taxes. fashion the kind of health care system Amer- pending on your genes, you could be out of At the same time, American companies are ica has inherited. So why should we carry luck. outsourcing jobs to countries where the price the problems of this system into the future? The increasing understanding and use of of labor does not include health coverage, 21ST-CENTURY PROBLEMS genomics may also undermine the insurance which costs Americans jobs and puts pres- At the dawn of the last century, America system. Health insurance, like other insur- sure on employers who continue to cover was coping with the effects of the industrial ance, exists to protect against unpredictable, their employees at home. revolution—crowded living conditions, dan- costly events. It is based on risk. As genetic And many new jobs, especially those in the gerous workplaces, inadequate sanitation information allows us to predict illness with service sector and part-time jobs, don’t in- and infrastructure in cities and pollution greater certainty, it threatens to turn the clude comprehensive health benefits. More and infectious diseases like typhoid fever most susceptible patients into the most vul- uninsured and underinsured workers impose and cholera that exacted a huge toll on the nerable. Many of us will become uninsurable, major strains on a health system that relies oldest and youngest in society. like the two young sisters with a congenital on employer-based insurance. In addition, Since then, a century’s worth of advances disease I met in Cleveland. Their father went the failure of government to help contain yielded remarkable results. Antibiotics were from insurance company to insurance com- health costs for employers has led to a fray- developed. Anesthesia was improved. Public pany trying to get coverage, until one insur- ing of the implicit social contract in which a health programs like mosquito control and ance agent looked at him and said, ‘‘We good job came with affordable coverage. childhood immunizations succeeded in reduc- don’t insure burning houses.’’ Gone are the days when a young person ing or even eradicating diseases like malaria Many have worked to get laws on the would start in the mail room and stay with and polio in this country. Congress passed books to protect people from genetic dis- the company until retirement. Employee

VerDate Mar 15 2010 00:20 May 14, 2014 Jkt 081600 PO 00000 Frm 00015 Fmt 4637 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2004-SENATE-REC-FILES\S19AP4.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY S4090 CONGRESSIONAL RECORD — SENATE April 19, 2004 mobility is now the rule rather than the ex- While employer-sponsored insurance re- no compelling evidence that the surgery ception. Those who pay for health care—in- mains a major source of coverage for work- worked. surance companies and employers—increas- ers, it is becoming less accessible and afford- In situations in which the benefits of inter- ingly deal with employees who change jobs able for spouses, dependents and retirees. In vention are clear, many patients are not re- every few years. This has the effect of not 1993, 46 percent of companies with 500 or ceiving that care. For example, few hospital- only increasing the numbers of uninsured more employees offered some type of retiree ized patients at risk for bacterial pneumonia but also of decreasing the incentive for em- health benefit. That declined to 29 percent in get the vaccine against it during their hos- ployers to underwrite access to preventive 2001. When you think about the new economy pital stays. A recent study in The New Eng- care. and worker mobility, it’s no wonder employ- land Journal of Medicine by Elizabeth At the same time, war, poverty, environ- ees are dropping retiree health benefits. You McGlynn found that, overall, Americans are mental degradation and increased world can only wonder how many yet-to-retire getting the care they should only 55 percent travel for business and pleasure mean great- workers are next. of the time. er migration of people across borders. And Even those Americans not among the As a whole, our ailing health care system with people go diseases. The likes of SARS ranks of the uninsured increasingly find is plagued with underuse, overuse and mis- can travel quickly from Hong Kong to To- themselves underinsured. In 2003, two-thirds use. In a fundamental way, we pay far more ronto, and news of a strange flu in Asia wor- of companies with 200 or more employees less than citizens in other advanced econo- ries us in New York. Welcome to the world dealt with increasing costs by increasing the mies get. without borders. share that their employees had to pay and HOW WE DELIVER CARE The Pulitzer Prize-winning science writer dropping coverage for particular services. There is no ‘‘one size fits all’’ solution to Laurie Garrett has described it as ‘‘payback With rising deductibles and co-pays, even if our health care problems, but there are com- for decades of shunning the desperate health you have insurance, you may not be able to mon-sense solutions that call for aggressive, needs of the poor world.’’ No matter the afford the care you need, and some benefits, creative and effective strategies as bold in blame, the need to act now to address issues like mental health services, may not be cov- their approach as they are practical in their of global health is no longer just a moral im- ered at all. effect. perative; it is self-interest. The problem of the insured and under- First, the way we deliver health care must LIFESTYLE AND DEMOGRAPHIC CHANGES insured affects everyone. A recent Institute change. For too long our model of health of Medicine study estimates that 18,000 25- to care delivery has been based on the provider, One hundred years ago, who could have 64-year old adults die every year as a result the payer, anyone but the patient. Think predicted that living longer would be a prob- of lack of coverage. But even if you are in- about the fact that our medical records are lem? still owned by a physician or a hospital, in In three decades, the number of Medicare sured, if you have a heart attack, and the bits and pieces, with no reasonable way to beneficiaries will double. By the year 2050, ambulance that picks you up has to go three connect the dots of our conditions and our one in five Americans will be 65 or older. We hospitals away because the nearby emer- gency rooms are full, you will have suffered care over the years. will have to find a way to finance the grow- If we as individuals are responsible for ing demand not only for health care but also from our inadequate system of coverage. If, as a nation, we were saving money by keeping our own passports, 401(k) and tax for long-term care, which is now largely left denying insurance to some people, you could files, educational histories and virtually out of Medicare. at least say there’s some logic to it—no mat- every other document of our lives, then sure- Our society’s affluence is only half of the ter how cruel. But that’s not the case. De- ly we can be responsible for keeping, or at story. Widening disparities in wealth and in spite the lack of universal coverage in our least sharing custody of, our medical health care too often cleave along ethnic country, we still spend much more than records. Studies have shown that when pa- lines. Today, a Hispanic child with asthma is countries that provide health care to all tients have a greater stake in their own care, far less likely than a non-Hispanic white their citizens. We are No. 1 in the world in they make better choices. child to get needed medication. African- health care spending. On a per capita basis, We should adopt the model of a ‘‘personal Americans are systematically less likely to health spending in the United States is 50 health record’’ controlled by the patient, get state-of-the-art cardiac care. As our percent higher than the second-highest- who could use it not only to access the latest country becomes more and more diverse, spending country: Switzerland. Our health reliable health information on the Internet these disparities become more obvious and costs now constitute 14.9 percent of our gross but also to record weight and blood sugar more intolerable. domestic product and are growing at an and to receive daily reminders to take asth- Our changing lifestyles also contribute to ma or cholesterol medication. Moreover, our behavior-induced health problems. We can alarming rate: by 2013, per capita health care spending is projected to increase to 18.4 per- current system revolves around ‘‘cases’’ shop online, order in fast food, drive to our rather than patients. Reimbursements are errands. Entertainment—movies, TV, video cent of G.D.P. What drives skyrocketing spending? The based on ‘‘episodes of treatment’’ rather games and music—is one click away. The cost of prescription drugs rose almost twice than on a broader consideration of a pa- physical activity required to get through the as fast as spending on all health services, 40 tient’s well-being. Thus it rewards the treat- day has decreased, while the pace and stress percent in just the last few years. ment of discrete diseases and injuries rather of daily life has quickened, affecting mental Hospital costs have been rising as well, in than keeping the patient alive and healthy. health. Persistent poverty, risky behaviors large measure because more than one in four While we assure adequate privacy protec- like substance abuse and unprotected sex health care dollars go to administration. In tions, we need care to focus on the patient. and pollution from cars and power plants all 1999, that meant $300 billion per year went to Our system rewards clinicians for pro- add to the country’s health problems. As Ju- pay for administrative bureaucracy; ac- viding more services but not for keeping pa- dith Stern of the University of California at countants and bookkeepers, who collect tients healthier. The structure of the health Davis so aptly put it, genetics may load the bills, negotiate with insurance companies care system should shift toward rewarding gun, but environment pulls the trigger. and squeeze every possible reimbursement doctors and health plans that treat patients OLD PROBLEMS PERSIST out of public programs like Medicare and with their long-term health needs in mind If all we had to do was face these tremen- Medicaid. Asthma and other pulmonary dis- and rewarding patients who make sensible dous changes, that would be daunting orders linked to pollution contribute signifi- decisions about maintaining their own enough. But many of the systemic problems cantly to these costs, according to the health. we have struggled with for decades—like health economist Ken Thorpe. Diabetes, high HARNESSING MODERNIZATION high costs and the uninsured—are simply blood pressure and mental illness are also As paradoxical as it is that advances in getting worse. among the conditions that keep these costs medical technology could potentially break In 1993, the critics predicted that if the rising. our antiquated system, advances in other Clinton administration’s universal health If we spend so much, even after adminis- technologies may hold the answer to saving care coverage plan became law, costs would trative costs, why does the United States it. Using a 20th-century health care system go through the roof. ‘‘Hospitals will have to rank behind 47 other countries in life expect- to deal with 21st-century problems is no- close,’’ they said, ‘‘Families will lose their ancy and 42nd in infant mortality? where more true than in the failure to use choice of doctors. Bureaucrats will deny A lot of the money Americans spend is information technology. medically necessary care.’’ wasted on care that doesn’t improve health. Ten years ago, the Internet was used pri- They were half-right. All that has hap- A recent study by Dartmouth researchers ar- marily by academics and the military. Now pened. They were just wrong about the rea- gues that close to a third of the $1.6 trillion it is possible to imagine all of a person’s son. we now spend on health care goes to care health files stored securely on a computer In 1993, there were 37 million uninsured that is duplicative, fails to improve patient file—test results, lab records, X-rays—acces- Americans. In the late 90’s, the situation im- health or may even make it worse. A study sible from any doctor’s office. It is easy to proved slightly, largely because of the im- in Santa Barbara, Calif., found that one out imagine, yet our medical system is not proved economy and the passage of the Chil- of every five lab tests and X-rays were con- there. dren’s Health Insurance Program. But now ducted solely because previous test results The average emergency-room doctor or some 43.6 million Americans are uninsured, were unavailable. A recent study found that nurse has minutes to gather information on and the vast majority of them are in work- for two-thirds of the patients who received a a patient, from past records and from inter- ing families. $15,000 surgery to prevent stroke, there was viewing the patient or relatives. In the age

VerDate Mar 15 2010 00:20 May 14, 2014 Jkt 081600 PO 00000 Frm 00016 Fmt 4637 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2004-SENATE-REC-FILES\S19AP4.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY April 19, 2004 CONGRESSIONAL RECORD — SENATE S4091 of P.D.A.’s, why are these professionals rather than addressing the cause through and individuals would have to assume more forced to rely on a patient’s memory? public health. Public health programs can responsibility for improving their own Information technology can also be used to help stop preventable disease and control health and lifestyles. Private insurers and disseminate research. A government study dangerous behaviors. Take obesity, for exam- public programs would work together, play- recently documented that it takes 17 years ple. Individuals should understand that they ing complementary roles in ensuring that all from the time of a new medical discovery to put their lives at risk with unhealthy behav- Americans have the health care they need. the time clinicians actually incorporate that ior. But let’s face it—we live in a fast-food Our society is already spending $35 billion a discovery into their practice at the bedside. nation, and we need to take steps, like re- year to treat people who have no health in- Why not 17 seconds? storing physical-education programs in surance, and our economy loses $65 billion to Why rely solely on the doctor’s brain to schools, that support the individual’s ability $130 billion in productivity and other costs. store that information? Computers could to master his or her own health. Studies con- We are already spending what it would cost crunch the variables on a particular pa- ducted by the Centers for Disease Control if we reallocated those resources and re- tient’s medical history, constantly update and Prevention have identified ‘‘Programs quired responsibility. the algorithms with the latest scientific evi- That Work,’’ which should be financed. It In the post 9/11 world, there is one more dence and put that information at the clini- comes down to individual responsibility rein- reason for universal coverage. The anthrax cian’s fingertips at the point of care. forced by national policy. and ricin episodes, and the continuing threat Americans may not be getting the care The public health system also needs to be posed by biological, chemical and radio- they should 45 percent of the time, but the brought up to date. The current public logical weapons, should make us painfully tools exist to narrow that gap. Research health tools were developed when the major aware of the shortcomings of our fragmented shows that when physicians receive comput- threats to health were infectious diseases system of health care. Can you imagine the erized reminders, statistics improve expo- like malaria and tuberculosis. But now aftermath of a bioterrorism attack, with nentially. Reminders can take the form of an chronic diseases are the No. 1 killer in our thousands of people flooding emergency alert in the electronic health record that the country. We need to be concerned not just rooms and bureaucrats demanding proof of hospitalized patient has not had a pneu- about pathogens but also about carcinogens. insurance coverage from each and every one? monia vaccine or as computerized questions Over the last three years, I have intro- Those without coverage might not see a doc- to remind a doctor of the conditions that duced legislation to increase investment in tor until they had infected others. must be fulfilled before surgery is considered tracking and correlating environmental and Insurance should be about sharing risk and appropriate. health conditions. I have met with people responsibility—pooling resources and risk to Newt Gingrich and I have disagreed on from Long Island to Fallon, Nev., who want protect ourselves from the devastating cost many issues, including health care, but I answers about cancer clusters in their com- of illness and injury. It should not be about agree with some of the proposals he outlines munities. The data we have seen about lead further dividing us. Competition should re- in his book ‘‘Saving Lives and Saving and mercury contamination in our food and ward health plans for quality and cost sav- Money,’’ which support taking advantage of water suggest that the effects they have on ings, not for how many bad risks they can technological changes to create a more mod- the fetus and children may have contributed exclude—especially as we enter the genomic ern and efficient health care system. I have to the increasing number of children in spe- age, when all of us could have uninsurable introduced legislation that promotes the use cial education with attention and learning risks written into our genes. So achieving comprehensive health care of information technology to update our disorders. We need more research to deter- reform is no simple feat, as I learned a dec- health care system and organize it around mine once and for all if increasing pollution ade ago. None of these ideas mean anything the best interests of patients. Improvements in our communities and increasing rates of if the political will to ensure that they hap- in technology will end the paper chase, limit learning-related disabilities are cause and ef- errors and reduce the number of malpractice pen doesn’t exist. fect. Some people believe that the only solution suits. We should also be looking at sprawl—talk- to our present cost explosion is to shift the I strongly believe that savings from infor- ing about the way we design our neighbor- cost and risk onto individuals in what is mation technology should not just be dif- hoods and schools and about our shrinking called ‘‘consumer driven’’ health care. Each fused throughout the system, never to be re- supply of safe, usable outdoor space—and consumer would have an individual health captured, but should be used to make sub- how that contributes to asthma, stress and care account and would monitor his or her stantial progress toward real universal cov- obesity. We should follow the example of the own spending. But instead of putting con- erage. By better using technology, we can European Union and start testing the chemi- sumers in the driver’s seat, it actually leaves lower health care costs throughout the sys- cals we use every day and not wait until we consumers at the mercy of a broken market. tem and thereby lower the exorbitant pre- have a rash of birth defects or cancers on our This system shifts the costs, the risks and miums that are placing a financial squeeze hands before taking action. And we should the burdens of disease onto the individuals on businesses, individuals and the govern- look at factors in our society that lead to who have the misfortune of being sick. ment. At the same time, some of those sav- youth violence, substance abuse, depression Think about the times you have been sick or ings should be used to make substantial and suicide and ultimately require insurance injured—were you able under those cir- progress toward real universal coverage. (I and treatment for mental health. cumstances to negotiate for the best price or may have just lost Newt Gingrich.) After Sept. 11, mental health was a signifi- shop for the best care? And instead of giving cant factor in the health toll on our nation’s TAKING THE BROADER VIEW: PUBLIC HEALTH individuals, providers and payers incentives first responders. And yet our mental health AND PREVENTION for better care, this cost-shifting approach delivery system is underfinanced and unpre- While we focus on empowering the indi- actually causes individuals to delay or skip pared. vidual through technology, we also have to needed services, resulting in worse health Finally, as a society, we need greater em- recognize the larger factors that affect our and more expensive health needs later on. phasis on preventive care, an investment in health—from the environment to public Meanwhile, proposals like those for indi- people and their health that saves us money, health. vidual health insurance tax credits, without If asthma and other pulmonary disorders because when families can’t get preventive reforms for the individual insurance market, are the main drivers of increased health care, they often end up in the emergency leave individuals in the lurch as well. We spending, that argues strongly that we room—getting the most expensive care pos- know that asthmatics can have their entire should rethink how social and environmental sible. respiratory systems excluded from coverage. factors impact our collective health. Con- EXPANDING COVERAGE Individual insurance companies can increase sider that over the last century we have ex- All that we have learned in the last decade your premium or limit coverage for factors tended life expectancy by 30 years but that confirms that our goal should continue to be like age, previous medical history or even only 8 of those years can be credited to med- what every other industrialized nation has flat feet. Those in the individual market ical intervention. The rest of our gains stem achieved—health care that’s always there for cannot pool their risk with colleagues or from the construction of water and sewer every citizen. other members of the group. The coverage systems, draining mosquito-infested swamps For the first time, this year a nonpartisan you can get and the price you pay for it will and addressing spoilage, quality and nutri- group dedicated to improving the nation’s reflect individual risk, and you simply don’t tion in our food supply. Yet we continue to health, the Institute of Medicine, rec- receive many of the benefits of what we con- underinvest in these important systematic ommended that by 2010 everyone in the sider traditional insurance when people pool measures—resulting in expensive health con- United States should have health insurance. risks. So the proposal to give individuals tax sequences like the explosion of asthma Such a system would promote better overall credits to buy coverage in the individual among children living in New York City or health for individuals, families, communities market, without any rules of fair play, won’t the harmful levels of lead found among chil- and our nation by providing financial access provide much help for Americans who need dren drinking water from the District of Co- for everyone to necessary, appropriate and health care. In the same way, the recent lumbia water system. effective health services. Medicare bill, which seeks to privatize Medi- Our neglect of public health also contrib- It will, as I have been known to say, take care benefits, long a government guarantee, utes to spiraling health costs. We tend to ad- the whole village to finance an affordable threatens to leave the ‘‘bad risks’’ without dress health care—as a nation and as individ- and accountable health system. Employers any affordable coverage. With the new ge- uals—after the sickness has taken hold, and individuals would share in its financing, netic information at our disposal, that could

VerDate Mar 15 2010 00:20 May 14, 2014 Jkt 081600 PO 00000 Frm 00017 Fmt 4637 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2004-SENATE-REC-FILES\S19AP4.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY S4092 CONGRESSIONAL RECORD — SENATE April 19, 2004 mean any one of us could one day be denied est thanks and gratitude to a special at our place, working on cars with Mi- health insurance. young man and his family. During this chael, and here for dinners.’’ When many of those who opposed the past recess, I attended funeral services After high school, Morgan moved Health Security Act look back, they are still back to his original hometown of Val- proud of their achievement in blocking our in Dubois, WY for Marine PFC Chance reform plan. The focus of that proposal was Phelps. On April 9, 2004, Private First entine, NE, where he sometimes to cover everybody by enabling the healthier Class Phelps died in the line of duty worked as an auto mechanic. Shortly to pool the ‘‘risk’’ with others. The plan was while serving his country in the war on before leaving for Iraq, he married his to redirect what we currently pay for unin- terrorism. He was shot and killed while girlfriend, Cathy. sured care into expanding health coverage. fighting insurgents in the town of Specialist Morgan is the first mem- We could make cosmetic changes to the Ramadi, Iraq, west of Baghdad. ber of the South Dakota National system we currently have, but that would Private First Class Phelps was a Guard to be killed in combat since simply take what is already a Rube Goldberg member of the 3rd Battalion, 11th Ma- World War II. Company A, which in- contraption and make it larger and even more unwieldy. We could go the route many rine Regiment, 1st Marine Division. He cludes members from Wagner and Win- have advocated, putting the burden almost spent the early years of his life in ner, was assigned to the 1st Marine Ex- entirely on individuals, thereby creating a Dubois, WY before moving to Colorado. pedition Headquarters. Their Company veritable nationwide health care casino in He enjoyed the outdoors, hunting and is responsible for defusing roadside ex- which you win or lose should illness strike fishing, and was an outstanding ath- plosives. ‘‘They were very proud of you or someone in your family. Or we could lete. He was good natured, and loved their mission, and they still are, be- decide to develop a new social contract for a his family and his country. Private cause those explosive devices are what new century premised on joint responsibility First Class Chance had a profound are killing everybody,’’ said Roger An- to prevent disease and provide those who need care access to it. This would not let us sense of duty that led him to join the derson, information officer was the as individuals off the hook. In fact, joint re- United States Marine Corps. He felt South Dakota Army National Guard. sponsibility demands accountability from deeply compelled to serve and defend Specialist Morgan served our country patients, employers, payers and society as a his country following the terrorist at- and died as a hero, fighting for it. He whole. tacks of September 11. served as a model of loyalty and dedi- What will we say about ourselves 10 years It is because of people like Chance cation in the preservation of freedom. from today? If we finally act to reform what Phelps that we continue to live safe The thoughts and prayers of my fam- we know needs to change, we may take cred- and secure. America’s men and women ily, as well as our country’s, are with it in building a health care system that cov- his family during this time of mourn- ers everyone and improves the quality of all who answer the call of service and wear our lives. But if we continue to dither and our Nation’s uniform deserve respect ing. Our thoughts continue to be with disagree, divided by ideology and frozen into and recognition for the enormous bur- all those families who have children, inaction by competing special interests, then den that they willingly bear. Our peo- spouses, fathers, and other loved ones we will share in the blame for the collapse of ple put everything on the line every- serving overseas. health care in America, where rising costs day, and because of these folks, our Na- Specialist Morgan led a full life, com- break the back of our economy and leave too tion remains free and strong in the face mitted to his family, his Nation, and many people without the medical attention of danger. his community. It was his incredible they need. dedication to helping others that will The nexus of globalization, the revolution The motto of the Marine Corps is in medical technology and the seismic pres- ‘‘Semper Fidelis.’’ It means ‘‘Always serve as his greatest legacy. Our Na- sures imposed by the contradictions in our Faithful.’’ Through his selfless and tion is a far better place because of current health care system will force radical courageous sacrifice, PFC Chance Specialist Morgan’s contributions, and, changes whether we choose them or not. We Phelps lived up to these words with while his family, friends, and Nation can do nothing, we can take incremental great honor. will miss him very much, the best way steps—or we can implement wide-ranging re- Private First Class Phelps is survived to honor his life is to remember his form. by his mother Gretchen, his father commitment to service and his family. To me, the case for action is clear. And as John, his sister Kelley, and his broth- I join with all South Dakotans in ex- we work to develop long-term solutions, we can take steps now to help address the im- ers of the United States Marine Corps. pressing my sympathies to the friends mediate problems we face. As Senator John We say goodbye to a son, a brother, a and family of Specialist Morgan, I Kerry has proposed, we should cover every- Marine, and an American. Our Nation know that he will always be missed, one living in poverty, and all children; allow pays its deepest respect to PFC Chance but his service to our Nation will never people to buy into the federal employee Phelps for his courage, his love of be forgotten. health benefits program; and also help em- country and his sacrifice, so that we PFC DERYK L. HALLAL ployers by reinsuring high-cost claims while may remain free. He was a hero in life Mr. BAYH. Madam President, I rise assuming more of the costs from hard- and he remains a hero in death. All of today with a heavy heart and deep pressed state and local governments. We can pass real privacy legislation that Wyoming, and indeed the entire Nation sense of gratitude to honor the life of a will ensure that Americans continue to feel are proud of him. brave young man from Indianapolis, secure in the trust they place in others for So, one Marine to another, Private IN. PFC Deryk L. Hallal, 24 years old, their most intimate medical information. First Class Phelps, Semper Fi. died in the al-Anbar province, just west And we can realize the promise of savings SP4 DENNIS MORGAN of Baghdad on April 6, 2004. He was through information technology and disease Mr. JOHNSON. Madam President, I struck by gunfire during an attack. management by passing quality health legis- rise today to pay tribute to SP4 Dennis Deryk graduated from North Central lation now. If we do not fix the problems of the Morgan, a member of the South Da- High School in 1998 and studied com- present, we are doomed to live with the con- kota National Guard, who died on April puter programming at the Professional sequences in the future. As someone who 15, 2004, while serving in Operation Careers Institute before joining the tried to promote comprehensive health care Iraqi Freedom. Marines last year, just months after reform a decade ago and decided to push for Specialist Morgan was a member of the conflict in Iraq began. He was a ri- incremental changes in the years since, I the 153rd Engineer Batallion, which is fleman assigned to the 2nd Battalion, still believe America needs sensible, wide- based in Wagner, SD. He was helping 4th Marine Regiment, based at Camp ranging reform that leads to quality health clear mines and explosives when a Pendleton, CA. According to his moth- care coverage available to all Americans at an affordable cost. roadside bomb went off, killing him. er, he was fulfilling the duty he felt The present system is unsustainable. The Answering America’s call to the mili- compelled to do after the events of only question is whether we will master the tary, Specialist Morgan joined the Na- September 11. With his entire life be- change or it will master us. tional Guard immediately after grad- fore him, Deryk chose to risk every- f uating from Winner High School in thing to fight for the values Americans 2000. He joined, along with his best hold close to our hearts, in a land half- HONORING OUR ARMED FORCES friend from high school, Michael Lee. way around the world. PFC CHANCE PHELPS, USMC Their bond was special and they did ev- Deryk was the 27th Hoosier soldier to Mr. THOMAS. Madam President, I erything together. Michael’s father, be killed while serving his country in rise today to express our Nation’s deep- Melvin, said of Dennis, ‘‘He was often Operation Iraqi Freedom. This brave

VerDate Mar 15 2010 00:20 May 14, 2014 Jkt 081600 PO 00000 Frm 00018 Fmt 4637 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2004-SENATE-REC-FILES\S19AP4.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY April 19, 2004 CONGRESSIONAL RECORD — SENATE S4093 young soldier leaves behind his father, Between 1938 and 1945, the Nazis mur- ADDITIONAL STATEMENTS Jeff; his mother, Pam; and four young- dered over 11 million people through- er siblings. May Deryk’s siblings grow out Europe, 6 million of them Jewish. up knowing that their brother gave his On Holocaust Remembrance Day, we RECOGNITION OF CALIFORNIA life so that young Iraqis will some day remember those who gave their lives PHYSICIAN PHILIP C. HOPEWELL, know the freedom they enjoy. because of their heritage, tradition, M.D. Today, I join Deryk’s family, his and beliefs. While the Jews of Europe ∑ Mrs. FEINSTEIN. Madam President, friends, and the entire Indianapolis were defenseless against the Nazi re- I rise today to recognize Philip C. community in mourning his death. gime, many held on to their faith up Hopewell, M.D., of San Francisco, CA. While we struggle to bear our sorrow until the last moments of their lives. A pioneer in pulmonary medicine, Dr. over his death, we can also take pride Every year, on the Holocaust Remem- Hopewell is being awarded the Edward in the example he set, bravely fighting brance Day, we remember those who Livingston Trudeau Medal in recogni- to make the world a safer place. It is sanctified the name of God in the death tion of his lifelong contributions to the his courage and strength of character camps, the ghettos, and elsewhere. prevention, diagnosis, and treatment of that people will remember when they lung disease. Dr. Hopewell has dedi- Holocaust Remembrance Day occurs think of Deryk, a memory that will cated over 30 years researching na- on the 27th day of the Jewish cal- burn brightly during these continuing tional and international tuberculosis endar’s month of Nissan. This year, days of conflict and grief. control. that was yesterday. When it falls on a When looking back on the life of her Dr. Hopewell’s commitment to pul- late son, Deryk’s mother, Pam, told weekend, it is commemorated on the monary disease serves as an example the Indianapolis Star that her son ‘‘was following Monday. The date also marks for all working to preserve the health a big jokester, he would light up the the anniversary of the heroic Warsaw of this Nation and the world. From the room.’’ Deryk was known for his won- Ghetto uprising of 1943, which occurred early 1970s, Dr. Hopewell has been con- derful sense of humor, his big heart and 61 years ago to the day—April 19, 1943. cerned with those living with tuber- his love of sports. His father, Jeff, said The Holocaust is not merely a story culosis. Dr. Hopewell began his career Deryk dreamed of one day becoming a of destruction and loss. It is a remark- as a consultant in tuberculosis control sports announcer. Today and always, able story of the human spirit—of the to the Nigerian government in the war- Deryk will be remembered by family life that flourished before the Holo- affected areas of eastern Nigeria. members, friends and fellow Hoosiers caust, struggled during its darkest Later, his interest in tuberculosis con- as a true American hero and we honor hours, and ultimately prevailed as the trol in developing countries was fos- the sacrifice he made while dutifully survivors and their progeny struggled tered by his work in the Pan-American serving his country. to rebuild. Indeed, Holocaust Remem- Health Organization in 1980–1981 and As I search for words to do justice in brance Day occurs just eight days be- with the Stop TB Partnership, based at honoring Deryk’s sacrifice, I am re- fore Israel’s Independence Day. Today, the World Health Organization in Ge- minded of President Lincoln’s remarks in Israel, a morning siren sounds, stop- neva in 2003. as he addressed the families of the fall- ping all activity—and people stand in Not only has Dr. Hopewell helped en soldiers in Gettysburg: honor of those who died. Indeed, people countless tuberculosis patients around We cannot dedicate, we cannot consecrate, of all faiths around the world hold me- the globe, he has been instrumental in we cannot hallow this ground. The brave morials and vigils, often lighting can- addressing the problem here at home. men, living and dead, who struggled here, dles in honor of the Holocaust victims. Dr. Hopewell has been on the faculty at have consecrated it, far above our poor Many hold name-reading ceremonies to UCSF, based at San Francisco General, power to add or detract. The world will little memorialize those who perished. since 1973, where he served as chief of note nor long remember what we say here, the Division of Pulmonary and Critical but it can never forget what they did here. It has been over 50 years since the Care Medicine from 1989 to 1998 and As- This statement is just as true today last concentration camp was liberated sociate Dean 1998 to 2004. Today, Dr. as it was nearly 150 years ago, as I am and many of the Holocaust survivors Hopewell continues to practice clinical certain that the impact of Deryk’s ac- are now succumbing to natural causes. pulmonary and critical care medicine tions will live on far longer than any It is our obligation to share their sto- at San Francisco General Hospital, record of these words. ries to ensure that this horrible trag- serving as an attending physician on It is my sad duty to enter the name edy never repeats itself. We must honor the pulmonary consultation service of Deryk L. Hallal in the official the lives of those who lived on and and in the medical intensive care unit. RECORD of the United States Senate for those who did not survive the Nazis and In addition to his clinical work, Dr. his service to this country and for his their murderous cohorts. Hopewell spends a great deal of his profound commitment to freedom, de- There are literally hundreds of excel- time as a researcher. Dr. Hopewell’s re- mocracy and peace. When I think about lent movies and documentaries on the search has enabled more specific tar- this just cause in which we are en- events before, during, and after the geting of control interventions and has gaged, and the unfortunate pain that Holocaust. They cover every possible helped contribute to a nearly 60 per- comes with the loss of our heroes, I topic from deepest tragedies to the pin- cent reduction in the number of new hope that families like Deryk’s can nacle of one of the greatest forces of cases of tuberculosis in San Francisco find comfort in the words of the proph- all—the human spirit. These films vary in the past decade. In 1981, Dr Hopewell et Isaiah who said, ‘‘He will swallow up from Hollywood to amateur documen- became involved in the San Francisco death in victory; and the Lord God will taries, and include the Shoah Founda- tuberculosis control program through wipe away tears from off all faces.’’ tion’s valiant efforts to record living the Department of Public Health. From May God grant strength and peace to survivors. All should bear witness, so this association, the Frances J. Curry those who mourn, and may God bless that this kind of inhumanity will never National Tuberculosis Center, directed by Dr. Hopewell was formed. The Curry America. happen again. I also recommend vis- Center is one of three CDC-funded f iting the U.S. Holocaust Memorial Mu- model centers in the country and pro- seum here in Washington. It is a HOLOCAUST REMEMBRANCE DAY vides important opportunities for unique treasure that serves as a soulful Mr. DEWINE. Madam President, yes- training and research in many aspects reminder of the events of World War II. terday was Yom HaShoah, Holocaust of tuberculosis and tuberculosis con- Remembrance Day. Holocaust Remem- Finally, seek out those with personal trol. brance Day is the day that has been set or family knowledge of this enormous Today, I acknowledge Dr. Hopewell aside for remembering the victims of tragedy. Nothing can replace the power for his lifelong accomplishments in tu- the Holocaust and for contemplating of the first person accounts from a sur- berculosis research and tuberculosis what can happen to civilized people vivor, child of a survivor, liberator of control. I also acknowledge Dr. Hope- when bigotry, hatred, and indifference the camps, or member of the resist- well’s numerous leadership positions in reign. ance. Their stories teach us all. pulmonary medicine. He served on the

VerDate Mar 15 2010 00:20 May 14, 2014 Jkt 081600 PO 00000 Frm 00019 Fmt 4637 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2004-SENATE-REC-FILES\S19AP4.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY S4094 CONGRESSIONAL RECORD — SENATE April 19, 2004 National Advisory Council of the Na- attack by six Maine players with only accompanying papers, reports, and doc- tional Institutes of Allergy and Infec- three defenders between the Black uments, and were referred as indicated: tious Disease, was president of the Bears and the Pioneer goalie. Never EC–7037. A communication from the Sec- California Thoracic Society, the North have 2 minutes of hockey seemed retary of Homeland Security, transmitting, American Region of the International longer; never have 2 minutes of hockey pursuant to law, a report entitled ‘‘Un- Union against Tuberculosis and Lung ended more sweetly. manned Aerial Vehicles Appropriations to Disease, and the American Thoracic At the helm of the University of Den- Homeland Security Missions’’; to the Com- ver hockey team is coach George mittee on Armed Services. Society. EC–7043. A communication from the Dep- I am pleased to take this opportunity Gwozdecky. Coach Gwozdecky came to DU in 1994 and has compiled an impres- uty Associate Administrator, Environmental to recognize Dr. Hopewell for his serv- Protection Agency, transmitting, pursuant ice to the medical community and to sive record of 196–140–26 with the Pio- to law, the report of a rule entitled our Nation and to congratulate him on neers. This year Coach Gwozdecky was ‘‘Boscalid; Pesticide Tolerance’’ (FRL#7353– being selected to receive the American named runner-up Division One Coach of 1) received on April 9, 2004; to the Committee Lung Association’s Edward Livingston the Year, an honor I know he shares on Agriculture, Nutrition, and Forestry. Trudeau Medal.∑ with his dedicated staff. EC–7044. A communication from the Dep- Today I share my congratulations uty Associate Administrator, Environmental f with the entire University of Denver Protection Agency, transmitting, pursuant TRIBUTE TO JUDGE JOHN ROBERT community. Such an outstanding and to law, the report of a rule entitled ‘‘Support PERRY rare achievement as a national title re- for the Tribal Pesticide Program Council flects the hard work and dedication of (TPPC); Notice of Funds Availability’’ ∑ Mr. BUNNING. Madam President, (FRL#7349–1) received on April 9, 2004; to the today I would like to take the oppor- many people. Congratulations to all Committee on Agriculture, Nutrition, and tunity to remember Judge John Robert the DU Pioneers. Congratulations to Forestry. Perry. He passed away tragically last Chancellor Daniel Ritchie, Provost Bob EC–7045. A communication from the Con- Monday at age 72 and will be greatly Coombe, President Mark Holtzman, Di- gressional Review Coordinator, Animal and rector of Athletics Dianne Murphy, missed by his surviving family and all Plant Health Inspection Service, Department Coach Gwozdecky and his staff, and es- of Agriculture, transmitting, pursuant to the residents he served as the 36th Dis- pecially the Pioneer players, students law, the report of a rule entitled ‘‘Animal trict Court Judge of Wyoming. and fans. You have made us all very Welfare; Transportation of Animals on For- Judge Perry was known in the legal proud.∑ eign Air Carriers; Confirmation of Effective community for his wit, his dedication Date’’ (Doc. No. 02–012–2) received on April 9, to the law and his willingness to share f 2004; to the Committee on Agriculture, Nu- his legal knowledge with up-and-com- VETERANS’ UPWARD BOUND trition, and Forestry. ing attorneys and fellow judges. His ANNIVERSARY EC–7046. A communication from the Dep- friends considered him ‘‘even-tem- uty Associate Administrator, Environmental ∑ Mr. LUGAR. Madam President, the Protection Agency, transmitting, pursuant pered, level-headed and down-to- Veterans Upward Bound program has to law, the report of a rule entitled earth.’’ He was a shining example of provided assistance to over 4,300 vet- ‘‘Mesosulfuron-Methyl; Pesticide Tolerance’’ what makes this country great. Judge erans in Indiana since 1979 when Vin- (FRL#7351–4) received on April 9, 2004; to the Perry will be missed, and our hearts go cennes University began administering Committee on Agriculture, Nutrition, and out to his family during this time.∑ the program. Now, the National Asso- Forestry. EC–7047. A communication from the Dep- f ciation of Veterans Upward Bound Project Personnel, NAVUBPP, is cele- uty Associate Administrator, Environmental UNIVERSITY OF DENVER HOCKEY Protection Agency, transmitting, pursuant brating its 25th anniversary this year TEAM to law, the report of a rule entitled and has asked that Wednesday, April ∑ ‘‘Fosthiazate; Pesticide Tolerance’’ Mr. ALLARD. Madam President, 28, 2004, be proclaimed as National Vet- (FRL#7339–4) received on April 9, 2004; to the today I wish to recognize the recent erans Upward Bound Day. This pro- Committee on Agriculture, Nutrition, and achievement of the University of Den- gram, which began nationally in 1972, Forestry. ver Hockey Team. On April 10, 2004, on provides information and assistance to EC–7048. A communication from the Dep- the frigid ice of a Boston arena, two help low-income and first-generation uty Associate Administrator, Environmental champion caliber teams faced one an- college veterans access to postsec- Protection Agency, transmitting, pursuant other in what will go down in history ondary education. to law, the report of a rule entitled as one of the most exciting nights in I extend my congratulations to this ‘‘Hygromycin B Phosphorransferase; Exemp- tion from the Requirement of a Tolerance’’ college sports history. On this par- organization, which celebrates its Sil- (FRL#7352–8) received on April 9, 2004; to the ticular evening the University of Den- ver Anniversary Conference on April Committee on Agriculture, Nutrition, and ver Pioneers came out on top, defeat- 28, 2004.∑ Forestry. ing the Black Bears of Maine and win- f EC–7049. A communication from the Dep- uty Associate Administrator, Environmental ning the Men’s NCAA Division One MESSAGES FROM THE PRESIDENT Championship. Protection Agency, transmitting, pursuant The University of Denver has a dis- Messages from the President of the to law, the report of a rule entitled ‘‘Lamb- tinguished history of athletic excel- United States were communicated to da-Cyhalothrin and an Isomer Gamma- Cyholathrin; Tolerances for Residues’’ lence. While this is the university’s the Senate by Mrs. Evans, one of his secretaries. (FRL#7353–4) received on April 9, 2004; to the sixth national title for hockey, it is the Committee on Agriculture, Nutrition, and first since 1969. f Forestry. The title game itself was decided by EXECUTIVE MESSAGES REFERRED EC–7050. A communication from the Under Secretary of Defense, Comptroller, Depart- the narrowest of margins, a one-goal- As in executive session the PRE- to-none victory for DU. Pioneer for- ment of Defense, transmitting, pursuant to SIDING OFFICER laid before the Sen- law, a report relative to a transfer of funds ward Gabe Gauthier scored the games ate messages from the President of the only goal on an assist from forward to the Defense Working Capital Fund; to the United States submitting sundry nomi- Committee on Armed Services. Connor James. Among its many out- nations, a treaty, and a withdrawal EC–7051. A communication from the Prin- standing scholar athletes the Univer- which were referred to the appropriate cipal Deputy General Counsel, Department sity of Denver can boast of senior goal- committees. of Defense, transmitting, a draft of proposed ie Adam Berkhoel, MVP of the Frozen (The nominations received today are legislation relative to the National Defense Four championship round and one of printed at the end of the Senate pro- Authorization Bill for Fiscal Year 2005; to college hockey’s brightest stars. These ceedings.) the Committee on Armed Services. outstanding individual efforts can not EC–7052. A communication from the Acting f eclipse the most distinct aspect of the Under Secretary of Defense for Acquisition, Technology, and Logistics, Department of title game, the perfect team play ex- EXECUTIVE AND OTHER COMMUNICATIONS Defense, transmitting, pursuant to law, a re- hibited by the Pioneers. Denver spent port relative to Department of Defense pur- most of the last 2 minutes of the game The following communications were chases from foreign entities in Fiscal Year down two players and fighting off an laid before the Senate, together with 2003; to the Committee on Armed Services.

VerDate Mar 15 2010 00:20 May 14, 2014 Jkt 081600 PO 00000 Frm 00020 Fmt 4637 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2004-SENATE-REC-FILES\S19AP4.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY April 19, 2004 CONGRESSIONAL RECORD — SENATE S4095 EC–7053. A communication from the Prin- received on April 12, 2004; to the Committee EC–7074. A communication from the Para- cipal Deputy for Personnel and Readiness, on Banking, Housing, and Urban Affairs. legal Specialist, Federal Aviation Adminis- Office of the Under Secretary of Defense, De- EC–7065. A communication from the Sec- tration, Department of Transportation, partment of Defense, transmitting, pursuant retary, Bureau of Consumer Protection, Fed- transmitting, pursuant to law, the report of to law, a report of an authorization to wear eral Trade Commission, transmitting, pursu- a rule entitled ‘‘Modification of Class D Air- the insignia of brigadier general; to the Com- ant to law, the report of a rule entitled space; Rapid City, SD Doc. No. 03–AGL–17’’ mittee on Armed Services. ‘‘Rule Concerning Disclosures Regarding En- (RIN2120–AA66) received on April 9, 2004; to EC–7054. A communication from the Prin- ergy Consumption and Water Use of Certain the Committee on Commerce, Science, and cipal Deputy for Personnel and Readiness, Home Appliances and Other Products Re- Transportation. Office of the Under Secretary of Defense, De- quired Under the Energy Policy and Con- EC–7075. A communication from the Para- partment of Defense, transmitting, pursuant servation Act (‘Appliance Labeling Rule’)’’ legal Specialist, Federal Aviation Adminis- to law, a report relative to Armed Services’ (RIN3084–AA74) received on April 13, 2004; to tration, Department of Transportation, aviation programs; to the Committee on the Committee on Commerce, Science, and transmitting, pursuant to law, the report of Armed Services. Transportation. a rule entitled ‘‘Amendment to Class D Air- EC–7055. A communication from the Liai- EC–7066. A communication from the Con- space; Little Rock Air Force Base, AR Doc. son Officer, Department of Defense, trans- tracting Officer, Department of Transpor- No. 03–ASW–2’’ (RIN2120–AA66) received on mitting, pursuant to law, the report of a rule tation, transmitting, pursuant to law, a re- April 9, 2004; to the Committee on Com- entitled ‘‘CHAMPUS/TRICARE; Implementa- port relative to Interagency Agreement No. merce, Science, and Transportation. tion of the Pharmacy Benefits Program’’ DTTS59–99–X–00539; to the Committee on EC–7076. A communication from the Para- (RIN0720–AA63) received on April 9, 2004; to Commerce, Science, and Transportation. legal Specialist, Federal Aviation Adminis- the Committee on Armed Services. EC–7067. A communication from the Dep- tration, Department of Transportation, EC–7056. A communication from the Under uty Assistant Administrator for Regulatory transmitting, pursuant to law, the report of Secretary of Defense for Acquisition, Tech- Programs, Office of Sustainable Fisheries, a rule entitled ‘‘Amendment to Class E Air- nology, and Logistics, Department of De- Department of Commerce, transmitting, pur- space; Angel Fire, NM Doc. No. 03–ASW–1’’ fense, transmitting, pursuant to law, a re- suant to law, the report of a rule entitled (RIN2120–AA66) received on April 9, 2004; to port relative to the implementation of the ‘‘Fisheries off West Coast States and in the the Committee on Commerce, Science, and revised Office of Management and Budget Western Pacific; Pacific Coast Groundfish Transportation. Circular; to the Committee on Armed Serv- Fishery; Amendment 16–1’’ (RIN0648–AR36) EC–7077. A communication from the Para- ices. received on April 12, 2004; to the Committee legal Specialist, Federal Aviation Adminis- EC–7057. A communication from the Prin- on Commerce, Science, and Transportation. tration, Department of Transportation, EC–7068. A communication from the Dep- cipal Deputy for Personnel and Readiness, transmitting, pursuant to law, the report of uty Assistant Administrator for Regulatory Office of the Under Secretary of Defense, De- a rule entitled ‘‘Modification of Class E Air- Programs, Office of Sustainable Fisheries, partment of Defense, transmitting, pursuant space; Charleston, MO Doc. No. 04–ACE–12’’ Department of Commerce, transmitting, pur- to law, a report relative to the commissary (RIN2120–AA66) received on April 9, 2004; to suant to law, the report of a rule entitled and exchange store at Orlando, Florida; to the Committee on Commerce, Science, and ‘‘Magnuson Act Provisions; Foreign Fishing; the Committee on Armed Services. Transportation. Fisheries off West Coast States and in the EC–7058. A communication from the Acting EC–7078. A communication from the Para- Western Pacific; Pacific Groundfish Fishery; Chairman, Nuclear Regulatory Commission, legal Specialist, Federal Aviation Adminis- Annual Specifications and Management transmitting, pursuant to law, a report rel- tration, Department of Transportation, Measures’’ (RIN0648–AR54) received on April ative to the status of the Commission’s li- transmitting, pursuant to law, the report of 12, 2004; to the Committee on Commerce, censing and regulatory duties; to the Com- a rule entitled ‘‘Modification of Class E Air- Science, and Transportation. mittee on Environment and Public Works. EC–7069. A communication from the Dep- space; Fort Scott, KS Doc. No. 03–ACE–98’’ EC–7059. A communication from the Assist- uty Assistant Administrator for Regulatory (RIN2120–AA66) received on April 9, 2004; to ant Secretary of Defense for Health Affairs, Programs, Office of Sustainable Fisheries, the Committee on Commerce, Science, and Department of Defense, transmitting, pursu- Department of Commerce, transmitting, pur- Transportation. ant to law, a report relative to the Depart- suant to law, the report of a rule entitled EC–7079. A communication from the Para- ment of Veterans’ Affairs; to the Committee ‘‘Fisheries off West Coast States and in the legal Specialist, Federal Aviation Adminis- on Armed Services. Western Pacific; Coastal Pelagic Species tration, Department of Transportation, EC–7060. A communication from the Direc- Fisheries; Annual Specifications; Pacific transmitting, pursuant to law, the report of tor, Financial Crimes Enforcement Network, Sardine Fishery’’ (RIN0648–AP43) received on a rule entitled ‘‘Amendment to Class D Air- Department of the Treasury, transmitting, April 12, 2004; to the Committee on Com- space; Altus Air Force Base, OK Doc. No. 03– pursuant to law, the report of a rule entitled merce, Science, and Transportation. ASW–3’’ (RIN2120–AA66) received on April 9, ‘‘Imposition of Special Measures Against EC–7070. A communication from the Para- 2004; to the Committee on Commerce, Burma’’ received on April 9, 2004; to the legal Specialist, Federal Aviation Adminis- Science, and Transportation. Committee on Banking, Housing, and Urban tration, Department of Transportation, EC–7080. A communication from the Para- Affairs. transmitting, pursuant to law, the report of legal Specialist, Federal Aviation Adminis- EC–7061. A communication from the Direc- a rule entitled ‘‘Modification of Class E Air- tration, Department of Transportation, tor, Financial Crimes Enforcement Network, space; Clay Center, KS Doc. No. 03–ACE–96’’ transmitting, pursuant to law, the report of Department of the Treasury, transmitting, (RIN2120–AA66) received on April 9, 2004; to a rule entitled ‘‘Modification of Class E Air- pursuant to law, the report of a rule entitled the Committee on Commerce, Science, and space; Colby, KS Doc. No. 03–ACE–97’’ ‘‘Imposition of Special Measures Against Transportation. (RIN2120–AA66) received on April 9, 2004; to Myanmar Mayflower Bank and Asia Wealth EC–7071. A communication from the Para- the Committee on Commerce, Science, and Bank’’ (RIN1506–AA63) received on April 9, legal Specialist, Federal Aviation Adminis- Transportation. 2004; to the Committee on Banking, Housing, tration, Department of Transportation, EC–7081. A communication from the Para- and Urban Affairs. transmitting, pursuant to law, the report of legal Specialist, Federal Aviation Adminis- EC–7062. A communication from the Gen- a rule entitled ‘‘Modification of Class E Air- tration, Department of Transportation, eral Counsel, National Credit Union Admin- space; Iowa Falls, IA Doc. No. 03–ACE–91’’ transmitting, pursuant to law, the report of istration, transmitting, pursuant to law, the (RIN2120–AA66) received on April 9, 2004; to a rule entitled ‘‘Modification of Class E Air- report of a rule entitled ‘‘Appraisals Re- the Committee on Commerce, Science, and space; Independence, IA Doc. No. 03–ACE–90’’ quired; Transactions Requiring a State Cer- Transportation. (RIN2120–AA66) received on April 9, 2004; to tified Licensed Appraiser’’ received on April EC–7072. A communication from the Para- the Committee on Commerce, Science, and 12, 2004; to the Committee on Banking, Hous- legal Specialist, Federal Aviation Adminis- Transportation. ing, and Urban Affairs. tration, Department of Transportation, EC–7082. A communication from the Para- EC–7063. A communication from the Gen- transmitting, pursuant to law, the report of legal Specialist, Federal Aviation Adminis- eral Counsel, National Credit Union Admin- a rule entitled ‘‘Modification of Class E Air- tration, Department of Transportation, istration, transmitting, pursuant to law, the space; Iowa City, IA Doc. No. 04–ACE09’’ transmitting, pursuant to law, the report of report of a rule entitled ‘‘Requests for Infor- (RIN2120–AA66) received on April 9, 2004; to a rule entitled ‘‘Modification of Class E Air- mation Under the Freedom of Information the Committee on Commerce, Science, and space; Marysville, KS Doc. No. 03–ACE–99’’ Act and Privacy Act, and by Subpoena; Secu- Transportation. (RIN2120–AA66) received on April 9, 2004; to rity Procedures for Classified Information’’ EC–7073. A communication from the Para- the Committee on Commerce, Science, and received on April 12, 2004; to the Committee legal Specialist, Federal Aviation Adminis- Transportation. on Banking, Housing, and Urban Affairs. tration, Department of Transportation, EC–7083. A communication from the Para- EC–7064. A communication from the Gen- transmitting, pursuant to law, the report of legal Specialist, Federal Aviation Adminis- eral Counsel, National Credit Union Admin- a rule entitled ‘‘Amendment to Class D Air- tration, Department of Transportation, istration, transmitting, pursuant to law, the space; Cannon Air Force Base, NM Doc. No. transmitting, pursuant to law, the report of report of a rule entitled ‘‘Organization and 03–ASW–4’’ (RIN2120–AA66) received on April a rule entitled ‘‘Modification of Class E Air- Operations of Federal Credit Unions; Bene- 9, 2004; to the Committee on Commerce, space; Benton, KS Doc. No. 03–ACE–94’’ fits for Employees of Federal Credit Unions’’ Science, and Transportation. (RIN2120–AA66) received on April 9, 2004; to

VerDate Mar 15 2010 00:20 May 14, 2014 Jkt 081600 PO 00000 Frm 00021 Fmt 4637 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2004-SENATE-REC-FILES\S19AP4.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY S4096 CONGRESSIONAL RECORD — SENATE April 19, 2004 the Committee on Commerce, Science, and Northern Mariana Islands: Withdrawal of Project; to the Committee on Energy and Transportation. Proposed Rule to List Tabernamontana Natural Resources. EC–7084. A communication from the Para- rotensis as Endangered’’ (RIN1018–AG09) re- legal Specialist, Federal Aviation Adminis- ceived on April 9, 2004; to the Committee on f tration, Department of Transportation, Energy and Natural Resources. transmitting, pursuant to law, the report of EC–7094. A communication from the Assist- SUBMISSION OF CONCURRENT AND a rule entitled ‘‘Modification of Class E Air- ant Secretary for Fish, Wildlife, and Parks, SENATE RESOLUTIONS space; Excelsior Springs, MO Doc. No. 04– Department of the Interior, transmitting, The following concurrent resolutions ACE–13’’ (RIN2120–AA66) received on April 9, pursuant to law, the report of a rule entitled and Senate resolutions were read, and ‘‘Migratory Bird Subsistence Harvest in 2004; to the Committee on Commerce, referred (or acted upon), as indicated: Science, and Transportation. Alaska; Subsistence Harvest Regulations for EC–7085. A communication from the Para- Migratory Birds in Alaska During the By Mr. BAUCUS (for himself and Mr. legal Specialist, Federal Aviation Adminis- Spring/Summer 2004 Subsistence Season’’ BURNS): tration, Department of Transportation, (RIN1018–AJ27) received on April 9, 2004; to S. Res. 340. A resolution expressing the transmitting, pursuant to law, the report of the Committee on Energy and Natural Re- sense of the Senate that the President a rule entitled ‘‘Modification of Class E Air- sources. should designate September 26, 2004, as ‘‘Na- space; Chanute, KS Doc. No. 03–ACE–95’’ EC–7095. A communication from the Acting tional Good Neighbor Day’’; to the Com- (RIN2120–AA66) received on April 9, 2004; to Assistant Secretary for Fish, Wildlife, and mittee on the Judiciary. Parks, Department of the Interior, transmit- the Committee on Commerce, Science, and f Transportation. ting, pursuant to law, the report of a rule en- titled ‘‘Endangered and Threatened Wildlife EC–7086. A communication from the Para- ADDITIONAL COSPONSORS legal Specialist, Federal Aviation Adminis- and Plants; Establishment of an Additional tration, Department of Transportation, Manatee Protection Area in Lee County, S. 473 transmitting, pursuant to law, the report of Florida’’ (RIN1018–AT65) received on April 9, At the request of Mr. FEINGOLD, the a rule entitled ‘‘Modification of Class E Air- 2004; to the Committee on Energy and Nat- name of the Senator from Wisconsin space; Hays, KS Doc. No. 04–ACE–7’’ ural Resources. EC–7096. A communication from the Dep- (Mr. KOHL) was added as a cosponsor of (RIN2120–AA66) received on April 9, 2004; to S. 473 , a bill to amend the Federal the Committee on Commerce, Science, and uty Associate Administrator, Environmental Transportation. Protection Agency, transmitting, pursuant Water Pollution Control Act to clarify EC–7087. A communication from the Para- to law, the report of a rule entitled ‘‘Ap- the jurisdiction of the United States legal Specialist, Federal Aviation Adminis- proval and Promulgation of Air Quality Im- over waters of the United States. plementation Plans; District of Columbia, tration, Department of Transportation, S. 533 transmitting, pursuant to law, the report of Maryland, Virginia; Post-1996 Rate of At the request of Mr. SCHUMER, the a rule entitled ‘‘Modification of Class E Air- Progress Plans and One-Hour Ozone Attain- space; Beloit, KS Doc. No. 03–ACE–93’’ ment Demonstrations’’ (FRL#7645–1) re- names of the Senator from Connecticut (RIN2120–AA66) received on April 9, 2004; to ceived on April 9, 2004; to the Committee on (Mr. DODD), the Senator from Illinois Environment and Public Works. the Committee on Commerce, Science, and (Mr. DURBIN), the Senator from Illinois EC–7097. A communication from the Dep- Transportation. (Mr. FITZGERALD) and the Senator from uty Associate Administrator, Environmental EC–7088. A communication from the Para- Protection Agency, transmitting, pursuant Louisiana (Ms. LANDRIEU) were added legal Specialist, Federal Aviation Adminis- to law, the report of a rule entitled ‘‘Ap- as cosponsors of S. 533, a bill to provide tration, Department of Transportation, proval of Section 12(1) Authority for Haz- for a medal of appropriate design to be transmitting, pursuant to law, the report of ardous Air Pollutants; Equivalency by Per- awarded by the President to the next of a rule entitled ‘‘Modification of Class E Air- mit Provisions; National Emission Standards space; Plattsmouth, NE Doc. No. 03–ACE–76’’ kin or other representative of those in- for Hazardous Air Pollutants from the Pulp (RIN2120–AA66) received on April 9, 2004; to dividuals killed as a result of the ter- and Paper Industry; State of North Caro- rorist attacks of September 11, 2001. the Committee on Commerce, Science, and lina’’ (FRL#7646–2) received on April 9, 2004; Transportation. to the Committee on Environment and Pub- S. 1115 EC–7089. A communication from the Para- lic Works. At the request of Mrs. MURRAY, the legal Specialist, Federal Aviation Adminis- EC–7098. A communication from the Dep- name of the Senator from South Caro- tration, Department of Transportation, uty Associate Administrator, Environmental transmitting, pursuant to law, the report of lina (Mr. HOLLINGS) was added as a co- Protection Agency, transmitting, pursuant sponsor of S. 1115, a bill to amend the a rule entitled ‘‘Modification of Class E Air- to law, the report of a rule entitled ‘‘Na- space; Anthony, KS Doc. No. 03–ACE–92’’ tional Emission Standards for Hazardous Air Toxic Substances Control Act to re- (RIN2120–AA66) received on April 9, 2004; to Pollutants for Industrial, Commercial, and duce the health risks posed by asbes- the Committee on Commerce, Science, and Institutional Boilers and Process Heaters’’ tos-containing products. Transportation. (FRL#7633–9) received on April 9, 2004; to the S. 1129 EC–7090. A communication from the Para- Committee on Environment and Public At the request of Mrs. FEINSTEIN, the legal Specialist, Federal Aviation Adminis- Works. tration, Department of Transportation, EC–7099. A communication from the Dep- name of the Senator from New Jersey transmitting, pursuant to law, the report of uty Associate Administrator, Environmental (Mr. CORZINE) was added as a cosponsor a rule entitled ‘‘Establishment of Class E Protection Agency, transmitting, pursuant of S. 1129, a bill to provide for the pro- Airspace; Hamilton, MT Doc. No. 03–ANM–5’’ to law, the report of a rule entitled ‘‘OMB tection of unaccompanied alien chil- (RIN2120–AA66) received on April 9, 2004; to Approvals Under the Paperwork Reduction dren, and for other purposes. the Committee on Commerce, Science, and Act; Technical Amendment’’ (FRL#7645–6) S. 1379 Transportation. received on April 9, 2004; to the Committee EC–7091. A communication from the Sec- on Environment and Public Works. At the request of Mr. JOHNSON, the retary of the Interior and the Secretary of EC–7100. A communication from the Dep- names of the Senator from South Caro- Energy, transmitting, pursuant to law, a re- uty Associate Administrator, Environmental lina (Mr. GRAHAM), the Senator from port relative to the implementation of the Protection Agency, transmitting, pursuant Indiana (Mr. LUGAR) and the Senator Rocky Flats National Wildlife Refuge Act of to law, the report of a rule entitled ‘‘Pollu- from Michigan (Ms. STABENOW) were 2001; to the Committee on Energy and Nat- tion Prevention Grants and Announcement ural Resources. of Financial Assistance Programs Eligible added as cosponsors of S. 1379, a bill to EC–7092. A communication from the Direc- for Review; Notice of Availability’’ require the Secretary of the Treasury tor, Office of Surface Mining, Department of (FRL#7342–6) received on April 9, 2004; to the to mint coins in commemoration of the Interior, transmitting, pursuant to law, Committee on Environment and Public veterans who became disabled for life the report of a rule entitled ‘‘New Mexico Works. while serving in the Armed Forces of Regulatory Program’’ (NM–043–FOR) re- f the United States. ceived on April 9, 2004; to the Committee on S. 1544 Energy and Natural Resources. INTRODUCTION OF BILLS AND EC–7093. A communication from the Acting JOINT RESOLUTIONS At the request of Mr. FEINGOLD, the Assistant Secretary for Fish, Wildlife, and name of the Senator from Vermont The following bills and joint resolu- Parks, Department of the Interior, transmit- (Mr. LEAHY) was added as a cosponsor ting, pursuant to law, the report of a rule en- tions were introduced, read the first and second times by unanimous con- of S. 1544, a bill to provide for data- titled ‘‘Endangered and Threatened Wildlife mining reports to Congress. and Plants; Determination of Endangered sent, and referred as indicated: S. 1554 Status and Prudency Determination for Des- By Mr. ALEXANDER: ignation of Critical Habitat for Two Plant S. 2319. A bill to authorize and facilitate At the request of Mrs. MURRAY, the Species from the Commonwealth of the hydroelectric power licensing of the Tapoco name of the Senator from New York

VerDate Mar 15 2010 00:20 May 14, 2014 Jkt 081600 PO 00000 Frm 00022 Fmt 4637 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2004-SENATE-REC-FILES\S19AP4.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY April 19, 2004 CONGRESSIONAL RECORD — SENATE S4097 (Mrs. CLINTON) was added as a cospon- S. 2158 S. RES. 317 sor of S. 1554, a bill to provide for sec- At the request of Ms. COLLINS, the At the request of Mr. HAGEL, the ondary school reform, and for other name of the Senator from Michigan name of the Senator from Rhode Island purposes. (Ms. STABENOW) was added as a cospon- (Mr. REED) was added as a cosponsor of S. 1557 sor of S. 2158, a bill to amend the Pub- S. Res. 317, a resolution recognizing the At the request of Mr. MCCONNELL, lic Health Service Act to increase the importance of increasing awareness of the name of the Senator from Rhode Is- supply of pancreatic islet cells for re- autism spectrum disorders, supporting land (Mr. CHAFEE) was added as a co- search, and to provide for better co- programs for increased research and sponsor of S . 1557, a bill to authorize ordination of Federal efforts and infor- improved treatment of autism, and im- the extension of nondiscriminatory mation on islet cell transplantation. proving training and support for indi- treatment (normal trade relations S. 2236 viduals with autism and those who care treatment) to the products of Armenia. At the request of Ms. CANTWELL, the for individuals with autism. names of the Senator from California S. RES. 332 S. 1833 (Mrs. FEINSTEIN), the Senator from Or- At the request of Mr. FEINGOLD, the At the request of Mr. DASCHLE, the egon (Mr. WYDEN) and the Senator name of the Senator from California name of the Senator from Indiana (Mr. from Minnesota (Mr. DAYTON) were LUGAR) was added as a cosponsor of S. (Mrs. BOXER) was added as a cosponsor added as cosponsors of S. 2236, a bill to Res. 332, a resolution observing the of S. 1833, a bill to improve the health enhance the reliability of the electric of minority individuals. tenth anniversary of the Rwandan system. Genocide of 1994. S. 1840 S. 2265 S. RES. 339 At the request of Mr. CONRAD, the At the request of Mr. ROBERTS, the At the request of Mr. DODD, the name name of the Senator from Vermont names of the Senator from New York of the Senator from California (Mrs. (Mr. LEAHY) was added as a cosponsor (Mrs. CLINTON), the Senator from Lou- FEINSTEIN) was added as a cosponsor of of S. 1840 , a bill to amend the Food Se- isiana (Ms . LANDRIEU), the Senator S. Res. 339, a resolution urging the curity Act of 1985 to encourage owners from South Dakota (Mr. JOHNSON), the President to immediately instruct the and operations of privately-held farm Senator from Washington (Ms. CANT- Secretary of State and the Secretary of and ranch land to voluntarily make WELL), the Senator from Delaware (Mr. Defense to respectively begin initiating their land available for access by the BIDEN) and the Senator from Wash- consultations with other members of public under programs administered by ington (Mrs. MURRAY) were added as the United Nations Security Council States. cosponsors of S. 2265 , a bill to require concerning a United Nations Security S. 2065 group and individual health plans to Council Resolution for Iraq, and with At the request of Mr. JOHNSON, the provide coverage for colorectal cancer the Secretary General of the North At- names of the Senator from Vermont screenings. lantic Treaty Organization (NATO) (Mr. JEFFORDS) and the Senator from S. 2292 concerning a mandate for a NATO com- North Dakota (Mr. DORGAN) were added At the request of Mr. VOINOVICH, the mitment for security in Iraq, with the as cosponsors of S. 2065, a bill to re- name of the Senator from Oregon (Mr. goal of securing both not later than store health care coverage to retired SMITH) was added as a cosponsor of S. May 15, 2004. 2292, a bill to require a report on acts members of the uniformed services, f and for other purposes. of anti-Semitism around the world. STATEMENTS ON INTRODUCED S. 2099 S. CON. RES. 81 BILLS AND JOINT RESOLUTIONS At the request of Mr. MILLER, the At the request of Mrs. FEINSTEIN, the name of the Senator from Louisiana names of the Senator from Maine (Ms. By Mr. ALEXANDER: (Ms. LANDRIEU) was added as a cospon- SNOWE), the Senator from Georgia (Mr. S. 2319. A bill to authorize and facili- sor of S. 2099, a bill to amend title 38, CHAMBLISS), the Senator from Pennsyl- tate hydroelectric power licensing of United States Code, to provide entitle- vania (Mr. SPECTER) and the Senator the Tapoco Project; to the Committee ment to educational assistance under from Arizona (Mr. MCCAIN) were added on Energy and Natural Resources. the Montgomery GI Bill for members of as cosponsors of S. Con. Res. 81, a con- Mr. ALEXANDER. Madam President, the Selected Reserve who aggregate current resolution expressing the deep I rise to speak about an issue that con- more than 2 years of active duty serv- concern of Congress regarding the fail- cerns the Senator from North Carolina ice in any five year period, and for ure of the Islamic Republic of Iran to and her constituents. I know of her other purposes. adhere to its obligations under a safe- love for the Great Smoky Mountains guards agreement with the Inter- and her concern for the outdoors, and S. 2100 national Atomic Energy Agency and while most of what I am about to say At the request of Mr. MILLER, the the engagement by Iran in activities affects eastern Tennessee and the name of the Senator from Louisiana that appear to be designed to develop Great Smoky Mountains, anything (Ms. LANDRIEU) was added as a cospon- nuclear weapons. that affects eastern Tennessee and the sor of S. 2100, a bill to amend title 10 S. RES. 221 Great Smoky Mountains has some- United States Code, to increase the At the request of Mr. SARBANES, the thing to do with western North Caro- amounts of educational assistance for name of the Senator from Nevada (Mr. lina and the Great Smoky Mountains. members of the Selected Reserve, and REID) was added as a cosponsor of S. This is some good news for the out- for other purposes. Res. 221, a resolution recognizing Na- doors men and women and all of the S. 2106 tional Historically Black Colleges and people who love the mountains, the At the request of Mr. BUNNING, the Universities and the importance and valleys, and the rivers of east Ten- name of the Senator from Illinois (Mr. accomplishments of historically Black nessee and western North Carolina. DURBIN) was added as a cosponsor of S. colleges and universities. The legislation I have introduced will 2106, a bill to amend the Internal Rev- S. RES. 313 save thousands of good-paying jobs at enue Code of 1986 to provide capital At the request of Mr. FEINGOLD, the the Aluminum Company of America gains treatment for certain self-cre- name of the Senator from Minnesota plants in Blount County, which is my ated musical works. (Mr. COLEMAN) was added as a cospon- hometown, and at the same time pro- S. 2141 sor of S. Res. 313, a resolution express- vide recreational opportunities on At the request of Mr. LUGAR, the ing the sense of the Senate encour- thousands of acres of ALCOA mountain name of the Senator from Michigan aging the active engagement of Ameri- land for canoeists, hikers, and fisher (Ms. STABENOW) was added as a cospon- cans in world affairs and urging the men and women. Of importance to all sor of S. 2141, a bill to amend the Farm Secretary of State to coordinate with of us who enjoy the outdoors in east Security and Rural Investment Act of implementing partners in creating an Tennessee and North Carolina, this 2002 to enhance the ability to produce online database of international ex- agreement should help to create fuller fruits and vegetables on soybean base change programs and related opportu- lake reservoirs during the summer acres. nities. recreation season.

VerDate Mar 15 2010 00:20 May 14, 2014 Jkt 081600 PO 00000 Frm 00023 Fmt 4637 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2004-SENATE-REC-FILES\S19AP4.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY S4098 CONGRESSIONAL RECORD — SENATE April 19, 2004 This bill I have introduced today is the Federal Energy Regulatory Com- comes from those four dams. The rest necessary because since 1913, a little mission. Under our rules, Alcoa now of Alcoa’s power is purchased from the more than 90 years, the Aluminum has to apply for a 40-year renewal to Tennessee Valley Authority. Company of America has operated operate these four dams. The conserva- Here is what happened to the far- dams high on the Little Tennessee tion organizations in the area and the sighted mayor who visited with those River adjacent to what is now the neighboring communities began a dis- Alcoa executives in 1913 and approved Great Smoky Mountain National Park cussion with Alcoa 7 years ago about the location of that aluminum smelter near the border of Tennessee and North what would happen when that applica- in the Tennessee Valley. He was lit- Carolina. These dams were built before tion renewal came up. That 7 years of erally tarred and feathered and run out either the Tennessee Valley Authority discussion between the Aluminum of town because the mountain people or the Great Smoky Mountain Na- Company of America, the neighboring did not want to be disturbed by what tional Park were created. These four regions, and the various conservation they were afraid was about to come dams provide half of the electric power organizations have come up with a set- and disturb their lifestyle. What came ALCOA uses to operate its plants in tlement agreement on which people was the largest aluminum smelter in the valley below the mountains in have worked long and hard. Basically the world, which, when combined with Blount County, TN. ALCOA’s license to it does this. Alcoa will basically swap a fabricating plant and a rolling mill, operate these four dams expires next or exchange this land here in exchange employed as many as 14,000 during year. The company has applied to the for community and conservation sup- World War II. The Alcoa plants made Federal Electric Regulatory Commis- port for the license renewal. the metal that helped win the war. sion for a 40-year license renewal. We are going to hold a hearing on Meanwhile, the Alcoa jobs, those ALCOA’s license renewal application this whole subject on April 27 in the has created a lot of interest in the Ten- 14,000 jobs since 1913 until today, trans- Senate Energy Committee. I look for- nessee Valley, and for two reasons. The formed one of the poorer parts of ward to working with our chairman, first reason involves the economic America. When Alcoa came to Appa- Senator DOMENICI, and with the chair- well-being of thousands of current and lachia, family incomes of these fami- man of the National Park Sub- retired ALCOA workers in the commu- lies of east Tennessee were about one- committee, Senator THOMAS, on that nities in which they live. The second third of the national average. I know day. reason is the application has attracted about this. Our family has been in that We hear a lot about obstinate compa- broad attention from conservation or- part of Tennessee for seven genera- nies that are not interested in the envi- ganizations because of the opportunity tions. But the Aluminum Company of ronment. We hear a lot about conserva- to create recreational opportunity on America began to pay steelworker tion organizations that will not be rea- land ALCOA owns in the Little Ten- wages to these 14,000 families and those sonable. Here is a good story. Here is a nessee River watershed adjacent to the wages were national wages. So sud- textbook example of how a major Great Smoky Mountains National denly men and women from all over American company can work with Park. Some of this ALCOA land is ac- east Tennessee, and I imagine some communities and conservation organi- tually within the legislation bound- from North Carolina, were driving doz- aries of the park. zations to help Americans keep a high ens of miles to get one of those Alcoa On this chart the darker area is the standard of living as well as to con- jobs that brought with it good income, Great Smoky Mountains National serve the environment. Once approved, good health care, and a retirement in- Park. This is a unique park created in I expect it to become a model for many come. other companies, communities, and the mid-1930s and given by the people Some of those who went to work of North Carolina and Tennessee to the conservation groups. I see on the floor now the Senator there included many African Ameri- United States. It is the only national cans who had been brought to Ten- park in our system that was given to from Georgia, who spent a fair amount of his younger life in Tennessee, prob- nessee from Alabama to help build the the Government and not bought by the plants. The changes that those Alcoa Government. It has 500,000 acres, more ably in these same mountains. He, as I, and the Senator from North Carolina, jobs brought to Blount County and to or less, and it is visited each year by the surrounding counties is proof posi- about 10 million Americans. It is by far have visited and hiked in and enjoyed these mountains as thousands do. Let tive of what three generations of good the most visited national park in jobs can do: good housing, low crime, America. Yellowstone National Park, me say first a word about the jobs in- volved and then a word about the rec- strong families, some of the best public as an example, has about 3 million visi- schools anywhere in America, almost tors a year. reational opportunities. On the jobs, looking back those 90 nobody rich but almost everybody with This is the Little Tennessee River. It a good job. was the center of the Cherokee civiliza- years, this is the story. In 1913 a group Today, there are 2,000 Alcoa jobs in tion when the European pioneers came. of men from Pittsburgh came quietly east Tennessee. That means $140 mil- This is the river on which Alcoa began to Maryville, TN, to meet with the mayor. The businessmen were looking lion in salaries and benefits. It means to build dams nearly a century ago. 1 Around these four dams on the river for a location for an aluminum smelt- $ ⁄2 million a year in Alcoa Foundation is the land we are talking about. This er. They came to Maryville because education scholarships to children of is approximately 10,000 acres that lie alumina is extracted from bauxite ore those employees. It means $230 million between the Great Smokey Mountain in an electrolysis process requiring each year in purchased goods and serv- National Park and between the Cher- huge amounts of electricity, and the ices; $7 million in State and local okee National Forest and the Joyce opportunity for producing huge taxes—a total of $377 million a year Kilmer-Slickrock Wilderness Area. amounts of electricity existed better in just to Tennessee. This is Tennessee. This is North Caro- the Tennessee Valley than in almost I must confess a personal interest in lina. The Tennessee/North Carolina any other part of the United States. this story. I grew up hearing about border runs right across the top of The Great Smoky Mountains rise to Charles Martin Hall and the discovery those 6,000-foot mountains. One of the more than 6,600 feet above the valley in of Aluminum. My father went to work most beautiful areas in America with which Maryville is situated, and the for Alcoa in 1941, the year after I was virgin timber is right here in the Joyce rainfall in those mountains is more born. The job the plant manager, Mr. Kilmer-Slickrock Creek Wilderness than 80 inches a year, one of the high- Granville Swaney, offered to him as a Area just across the line from Ten- est in America. So that combination, safety engineer paid twice what my fa- nessee. So we are talking in my re- heavy rainfall and fast-running water, ther was being paid as principal at marks and in this legislation about created a formula for making cheap West Side Elementary School, and one 10,000 acres that lie between the Great hydroelectric power, so Alcoa built of those Alcoa Foundation scholarships Smokies and the Cherokee National four dams along the Little Tennessee went to me in 1958, making it possible Forest. River: Calderwood, Cheoah, Chilhowee, for me to attend Vanderbilt University, One may wonder, just listening to and Fontana. Half of the electricity for something I never could have afforded this, what does that have to do with the Alcoa operations in east Tennessee to do otherwise.

VerDate Mar 15 2010 00:20 May 14, 2014 Jkt 081600 PO 00000 Frm 00024 Fmt 4637 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2004-SENATE-REC-FILES\S19AP4.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY April 19, 2004 CONGRESSIONAL RECORD — SENATE S4099 So you can see why I believe, as well ed. But basically, flooded land—100 just east Tennessee but the whole as I am sure almost all Tennesseans be- acres—is being swapped for 186 acres of State of Tennessee and that whole re- lieve, it is critically important to land that is a biologically diverse area, gion—gives all of us great reason to ex- renew this hydroelectric license for an- and this will go into the Great Smoky amine exactly what he is proposing be- other 40 years and keep these good jobs Mountain National Park. cause I know what he is doing is not in the Tennessee Valley. Without these In fact, it was already within the leg- just right for that part of the country four dams providing low-cost reliable islative boundaries. But I suppose the but for the country as a whole from a power, these jobs would be gone over- park ran out of money back in the 1930s preservation and protection stand- night, probably to Alcoa plants in Que- and couldn’t buy it. point. bec or Iceland where the hydroelectric The second component is a big tract It is kind of interesting as I sat there power is plentiful and cheap. of land—6,000 acres between the Smok- and listened to him talk about the The second reason and the final rea- ies and the Cherokee National Forest. number of agencies and entities he has son this settlement agreement has at- After a complicated set of arrange- brought together in this one proposal tracted such widespread interest is be- ments, what can happen is this: and has everybody in the core. The cause of the recreation opportunities it It involves the Nature Conservancy, Senator, obviously, has done an awful will provide. but this legislation authorizes the Sec- lot of work over the last year and a Tapoco is the name of the Alcoa sub- retary of the Interior to purchase this half that he served in the Senate to sidiary that owns the four dams I de- land at a reasonable value from the Na- bring this coalition together in support scribed along this Little Tennessee ture Conservancy after Alcoa gives it of that project. River. The acres contained within the to the Nature Conservancy. I wish to take the opportunity as Tapoco project are sandwiched between The long and short of it will be that somebody who spent a large part of my nearly 10,000 acres of nonproject lands after 3 years, hopefully the Great life in the mountains of east Tennessee owned by Alcoa. These nonproject Smokies will be 6,000 acres larger and to commend the Senator. I appreciate lands are the 10,000 acres in green here. immediately people who live in this re- all of his hard work, his dedication, This is in the area I mentioned of the gion will be able to enjoy this 6,000 and the proposal he came up with rel- Great Smokies, the Cherokee National acres. ative to the Alcoa project. Forest, the Nantahala National Forest, There is one other part to this. There I told him I feel better now about buying all of that aluminum foil over the Citico Creek, and Joyce Kilmer- is a 4,000-acre tract over here. The Na- the years because I know it went to Slickrock Wilderness Areas. ture Conservancy will own this under A critical requirement in obtaining the agreement, but it will also be open send him to Vanderbilt. What a great this 40-year license renewal is this set- to outdoor recreation, to hunters, and asset he is to Vanderbilt and to the tlement agreement negotiated by and to fishermen. University of Tennessee and now to the with a large group of interested reli- All of this is part of Alcoa’s reli- Senate. censing stakeholders. These stake- censing agreement. The people who f holders include the National Park work here get the jobs. Everybody who SUBMITTED RESOLUTIONS Service, the U.S. Fish and Wildlife lives here gets to enjoy a national park Service, the eastern band of Cherokees, with 6,000 more acres and an area that State agencies representing Tennessee includes 4,000 more acres. SENATE RESOLUTION 340—EX- and North Carolina, numerous non- That is the legislation I have intro- PRESSING THE SENSE OF THE governmental organizations, local gov- duced today. The legislation will allow SENATE THAT THE PRESIDENT ernment, homeowners associations, the settlement agreement worked on SHOULD DESIGNATE SEPTEMBER and individual citizens. for 7 years to be implemented and for 26, 2004, AS ‘‘NATIONAL GOOD They began to discuss all of this 7 Alcoa’s relicensing process at the Fed- NEIGHBOR DAY’’ years ago. It has taken all of that time eral Energy Regulatory Commission to Mr. BAUCUS (for himself and Mr. to work this out. proceed. BURNS) submitted the following resolu- In order to make this effective, how- Alcoa, American Rivers, Blount tion; which was referred to the Com- ever, Congress must authorize the land County, city of Alcoa, city of Mary- mittee on the Judiciary: exchanges in the settlement agree- ville, eastern band of Cherokee Indians, S. RES. 340 ment. The terms and conditions under Great Smoky Mountains National Whereas our society has developed highly the settlement agreement will then be- Park—I say particularly the Nature effective means of speedy communication come terms and conditions under Conservancy and the National Parks around the world, but has failed to ensure Alcoa’s hydroelectric license. Conservation Association—thank you meaningful communication among people In order for the Federal Electric Reg- for your hard work. living across the globe, or even across the ulatory Commission to have legal au- Also, North Carolina Department of street, from one another; thority to put the settlement agree- Environment and Conservation, North Whereas the endurance of human values Carolina Wildlife Resources Commis- and consideration for others are critical to ment terms and conditions in the li- the survival of civilization; and cense, legislation from Congress is re- sion, Tennessee Clean Water Network, Whereas being good neighbors to those quired prior to the Federal Energy and various other organizations I want around us is the first step toward human un- Regulatory Commission making a reli- to mention have also been a part of derstanding: Now, therefore, be it censing decision in August of 2004. this effort. Resolved, Much of the settlement agreement is It gives me a great deal of personal SECTION 1. DESIGNATION OF NATIONAL GOOD focused on the transfer of land inter- pleasure to be able to come to the floor NEIGHBOR DAY. and compliment the hard work of oth- (a) SENSE OF THE SENATE.—It is the sense ests between the Great Smoky Moun- of the Senate that the President should des- tains, the U.S. Forest Service, and ers over the last 7 years. ignate September 26, 2004, as ‘‘National Good Alcoa. The hard work of the Aluminum Neighbor Day’’. Let me see if I can describe it simply. Company of America, the creativeness (b) PROCLAMATION.—The Senate requests The first part of the land swap is be- and reasonableness of the conservation the President to issue a proclamation— tween the Great Smokies National organizations and communities will re- (1) designating September 26, 2004, as ‘‘Na- Park and Alcoa. The Great Smokies sult in 2,000 good jobs being saved and tional Good Neighbor Day’’; and will transfer 100 acres of flood areas of all of us being able to enjoy up to 10,000 (2) calling on the people of the United more acres adjacent to the Great States and interested groups and organiza- land in exchange for 186 acres of bio- tions to observe ‘‘National Good Neighbor logically sensitive acreage that Alcoa Smoky Mountains National Park. Day’’ with appropriate ceremonies and ac- owns. Mr. CHAMBLISS. Madam President, tivities. All of us growing up always heard I overheard my good friend from east f about people from Florida coming up Tennessee as he spoke about life in the and wanting to buy land and we would Great Smoky Mountains and the bill PRIVILEGE OF THE FLOOR sell them land that was flooded, or that he is presenting today. Knowing Mr. HATCH. Madam President, I ask they would sell us land that was flood- his passion for east Tennessee—not unanimous consent that Kevin

VerDate Mar 15 2010 00:20 May 14, 2014 Jkt 081600 PO 00000 Frm 00025 Fmt 4637 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2004-SENATE-REC-FILES\S19AP4.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY S4100 CONGRESSIONAL RECORD — SENATE April 19, 2004 O’Scannlain, Harold Kim, Rene Augus- To the Senate of the United States: measure, the majority leader is ex- tine, Bruce Artim, Ryan Triplette, and With a view to receiving the advice pected to move to proceed to the bill. Jay Greissing be granted the privilege and consent of the Senate to ratifica- Additional Senators have indicated of the floor for the duration of the de- tion, I transmit herewith the Extra- their desire to speak on the bill during bate on S. 2290. dition Treaty Between the United tomorrow’s session. Unfortunately, if The ACTING PRESIDENT pro tem- States of America and the United King- we are unable to begin consideration of pore. Without objection, it is so or- dom of Great Britain and Northern Ire- the asbestos bill, we will be unable to dered. land, and related exchanges of letters, begin the amendment process. There- Mr. ALEXANDER. Madam President, signed at Washington on March 31, 2003. fore, it appears unlikely that any roll- I ask unanimous consent that privilege In addition, I transmit for the infor- call votes will occur tomorrow. Mem- of the floor be granted to Sharon mation of the Senate the report of the bers will be notified when the first vote Segner during consideration of S. 2319. Department of State with respect to is scheduled. The PRESIDING OFFICER. Without the Treaty. As the report explains, the objection, it is so ordered. Treaty will not require implementing f f legislation. The provisions in this Treaty follow ADJOURNMENT UNTIL 9:45 A.M. NOTICE—REGISTRATION OF MASS generally the form and content of mod- TOMORROW MAILINGS ern extradition treaties recently con- The filing date for 2004 first quarter cluded by the United States and will Mr. CHAMBLISS. If there is no fur- mass mailings is Monday, April 26, replace the outdated extradition treaty ther business to come before the Sen- 2004. If your office did no mass mailings signed in 1972 and the supplementary ate, I ask unanimous consent that the during this period, please submit a treaty signed in 1985 that are currently Senate stand in adjournment under the form that states ‘‘none.’’ in force between the two countries. The previous order. Mass mailing registrations, or nega- Treaty will, upon entry into force, en- There being no objection, the Senate, tive reports, should be submitted to hance cooperation between the law en- at 4:32 p.m., adjourned until Tuesday, the Senate Office of Public Records, 232 forcement communities of the two April 20, 2004, at 9:45 a.m. Hart Building, Washington, DC 20510– countries. It will thereby make a sig- 7116. nificant contribution to international f The Public Records office will be law enforcement efforts against serious open from 9 a.m. to 5:30 p.m. on the fil- offenses, including terrorism, orga- NOMINATIONS ing date to accept these filings. For nized crime, and money laundering of- further information, please contact the fenses. Executive nominations received by Public Records office at (202) 224–0322. I recommend that the Senate give the Senate April 19, 2004: DEPARTMENT OF STATE f early and favorable consideration to the Treaty and give its advice and con- THOMAS FINGAR, OF VIRGINIA, TO BE AN ASSISTANT APPOINTMENT sent to ratification. SECRETARY OF STATE (INTELLIGENCE AND RESEARCH), VICE CARL W. FORD, JR. The PRESIDING OFFICER. The GEORGE W. BUSH. AFRICAN DEVELOPMENT FOUNDATION Chair announces the following appoint- f CONSTANCE BERRY NEWMAN, ASSISTANT SECRETARY ment made by the Democratic leader OF STATE (AFRICAN AFFAIRS), TO BE A MEMBER OF THE during the adjournment: Pursuant to ORDERS FOR TUESDAY, APRIL 20, BOARD OF DIRECTORS OF THE AFRICAN DEVELOPMENT 2004 FOUNDATION FOR A TERM EXPIRING SEPTEMBER 27, 2009, Public Law 108–199, on behalf of the VICE WALTER H. KANSTEINER, RESIGNED. Mr. CHAMBLISS. Madam President, Democratic leader, the appointment of DEPARTMENT OF STATE Douglas G. Ohmer of South Dakota to I ask unanimous consent that when the ANNE W. PATTERSON, OF VIRGINIA, A CAREER MEMBER serve as a member of the Abraham Lin- Senate completes its business today, it OF THE SENIOR FOREIGN SERVICE, CLASS OF CAREER coln study Abroad Fellowship Program adjourn until 9:45 a.m., on Tuesday, MINISTER, TO BE DEPUTY REPRESENTATIVE OF THE UNITED STATES OF AMERICA TO THE UNITED NATIONS, on April 14, 2004. April 20. I further ask that following WITH THE RANK AND STATUS OF AMBASSADOR EX- the prayer and pledge, the morning TRAORDINARY AND PLENIPOTENTIARY, AND THE DEP- f UTY REPRESENTATIVE OF THE UNITED STATES OF hour be deemed expired, the Journal of AMERICA IN THE SECURITY COUNCIL OF THE UNITED NA- REMOVAL OF INJUNCTION OF SE- proceedings be approved to date, the TIONS. ANNE W. PATTERSON, OF VIRGINIA, A CAREER MEMBER CRECY—TREATY DOCUMENT NO. time for the two leaders be reserved for OF THE SENIOR FOREIGN SERVICE, CLASS OF CAREER 108–23 their use later in the day, and the Sen- MINISTER, TO BE A REPRESENTATIVE OF THE UNITED STATES OF AMERICA TO THE SESSIONS OF THE GEN- Mr. CHAMBLISS. Madam President, ate then begin a period of morning ERAL ASSEMBLY OF THE UNITED NATIONS DURING HER business for up to 60 minutes, with the TENURE OF SERVICE AS DEPUTY REPRESENTATIVE OF as in executive session, I ask unani- THE UNITED STATES OF AMERICA TO THE UNITED NA- mous consent that the injunction of se- Democratic leader or his designee in TIONS. SUZANNE HALE, OF VIRGINIA, A CAREER MEMBER OF crecy be removed from the following control of the first 30 minutes and the THE SENIOR FOREIGN SERVICE, CLASS OF CAREER MIN- treaty transmitted to the Senate on majority leader or his designee in con- ISTER, TO BE AMBASSADOR EXTRAORDINARY AND PLEN- IPOTENTIARY OF THE UNITED STATES OF AMERICA TO April 19, 2004, by the President of the trol of the final 30 minutes. I further THE FEDERATED STATES OF MICRONESIA. United States: Extradition Treaty with ask consent that the Senate recess IN THE AIR FORCE Great Britain and Northern Ireland, from 12:30 p.m. to 2:15 p.m. for the THE FOLLOWING NAMED OFFICER FOR APPOINTMENT Treaty Document No. 108–23. I further weekly party luncheons. TO THE GRADE INDICATED IN THE RESERVE OF THE AIR ask consent that the treaty be consid- The PRESIDING OFFICER. Without FORCE UNDER TITLE 10, U.S.C., SECTION 12203: ered as having been read the first time; objection, it is so ordered. To be colonel that it be referred, with accompanying f JOHN D. ADAMS, 0000 papers, to the Committee on Foreign IN THE ARMY PROGRAM Relations and ordered to be printed; THE FOLLOWING NAMED OFFICER FOR APPOINTMENT and that the President’s message be Mr. CHAMBLISS. Tomorrow, fol- IN THE GRADE INDICATED IN THE RESERVE OF THE ARMY UNDER TITLE 10, U.S.C., SECTION 12203: printed in the RECORD. lowing morning business, the majority The PRESIDING OFFICER. Without leader will seek consent to begin con- To be colonel objection, it is so ordered. sideration of calendar No. 472, S. 2290, JERRY M. BROWN, 0000 The message of the President is as the asbestos litigation bill. If we are THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TO THE GRADE INDICATED IN THE UNITED STATES ARMY follows: unable to begin consideration of that UNDER TITLE 10, U.S.C., SECTION 624:

VerDate Mar 15 2010 00:20 May 14, 2014 Jkt 081600 PO 00000 Frm 00026 Fmt 4637 Sfmt 9801 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2004-SENATE-REC-FILES\S19AP4.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY April 19, 2004 CONGRESSIONAL RECORD — SENATE S4101 To be colonel To be major WITHDRAWAL FRANK G. ATKINS, 0000 DAVID C. COX, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT Executive message transmitted by TO THE GRADE INDICATED IN THE UNITED STATES ARMY IN THE NAVY the President to the Senate on April 19, AND FOR REGULAR APPOINTMENT UNDER TITLE 10, U.S.C., SECTIONS 624 AND 531: THE FOLLOWING NAMED OFFICER FOR APPOINTMENT 2004, withdrawing from further Senate TO THE GRADE INDICATED IN THE UNITED STATES NAVY To be major consideration the following nomina- UNDER TITLE 10, U.S.C., SECTION 624: tion: JAMES R. VANDERGRIFT, 0000 To be lieutenant commander IN THE MARINE CORPS WALTER H. KANSTEINER, ASSISTANT SECRETARY OF STATE (AFRICAN AFFAIRS), TO BE A MEMBER OF THE SCOTT F. MURRAY, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT BOARD OF DIRECTORS OF THE AFRICAN DEVELOPMENT TO THE GRADE INDICATED IN THE UNITED STATES MA- FOUNDATION FOR A TERM EXPIRING SEPTEMBER 27, 2003, RINE CORPS UNDER TITLE 10, U.S.C., SECTION 624: WHICH WAS SENT TO THE SENATE ON JANUARY 9, 2003.

VerDate Mar 15 2010 00:20 May 14, 2014 Jkt 081600 PO 00000 Frm 00027 Fmt 4637 Sfmt 9801 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2004-SENATE-REC-FILES\S19AP4.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY April 19, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E539 EXTENSIONS OF REMARKS

SENATE COMMITTEE MEETINGS Energy and Natural Resources 10 a.m. Public Lands and Forests Subcommittee Energy and Natural Resources Title IV of Senate Resolution 4, To hold an oversight hearing to examine To hold an oversight hearing to examine agreed to by the Senate on February 4, the implementation of the Recreation sustainable, low emission, electricity 1977, calls for establishment of a sys- Fee Demonstration Program by the generation. tem for a computerized schedule of all Forest Service and Bureau of Land SD–366 meetings and hearings of Senate com- Management, and on policies related to mittees, subcommittees, joint commit- the program. APRIL 28 tees, and committees of conference. SD–366 9:30 a.m. Indian Affairs This title requires all such committees APRIL 22 to notify the Office of the Senate Daily To hold hearings to examine S. 2172, to 9:30 a.m. Digest—designated by the Rules Com- make technical amendments to the Commerce, Science, and Transportation provisions of the Indian Self Deter- mittee—of the time, place, and purpose To hold hearings to examine U.S. Com- of the meetings, when scheduled, and mination and Education Assistance mission on Ocean Policy Report. Act relating to contract support costs. any cancellations or changes in the SR–253 SR–485 meetings as they occur. Foreign Relations 10 a.m. As an additional procedure along To hold hearings to examine obstacles Foreign Relations with the computerization of this infor- and opportunities regarding the Iraq To hold hearings to examine the nomina- transition. tions of James Francis Moriarty, of mation, the Office of the Senate Daily SD–106 Virginia, to be Ambassador to Nepal, Digest will prepare this information for 1:30 p.m. Michele J. Sison, of Maryland, to be printing in the Extensions of Remarks Foreign Relations section of the CONGRESSIONAL RECORD To hold hearings to examine the nomina- Ambassador to the United Arab Emir- on Monday and Wednesday of each tion of Lauren Moriarty, of Hawaii, for ates, and Thomas Charles Krajeski, of week. the rank of Ambassador during her ten- Virginia, to be Ambassador to Yemen. ure of service as United States Senior SD–419 Meetings scheduled for Tuesday, Official to the Asia-Pacific Economic 11:30 a.m. April 20, 2004 may be found in the Daily Cooperation Forum. Energy and Natural Resources Digest of today’s RECORD. SD–106 Business meeting to consider pending 2 p.m. calendar business. MEETINGS SCHEDULED Appropriations SD–366 To hold hearings to examine the report 3 p.m. of the U.S. Commission on Ocean Pol- Health, Education, Labor, and Pensions APRIL 21 icy. Children and Families Subcommittee 9:30 a.m. SD–138 To hold hearings to examine healthy Foreign Relations 2:30 p.m. marriage. To hold hearings to examine the current Foreign Relations SD–430 state of society in Iraq. East Asian and Pacific Affairs Sub- SD–419 committee MAY 4 Indian Affairs To hold hearings to examine U.S.—China 2:30 p.m. To hold hearings to examine S. 297, to relations and the status of reforms in Armed Services provide reforms and resources to the China. Airland Subcommittee Bureau of Indian Affairs to improve the SD–106 Closed business meeting to markup those Federal acknowledgement process. Judiciary provisions, which fall within the juris- SR–485 Immigration, Border Security and Citizen- 10 a.m. ship Subcommittee diction of the subcommittee, of pro- Appropriations To hold hearings to examine state and posed legislation authorizing appro- Defense Subcommittee local authority to enforce immigration priations for fiscal year 2005 for mili- To hold hearings to examine proposed law relating to terrorism. tary activities of the Department of budget estimates for fiscal year 2005 for SD–226 Defense. missile defense. Intelligence SR–222 SD–192 Closed business meeting to consider cer- 3:30 p.m. Joint Economic Committee tain intelligence matters. Armed Services To hold hearings to examine the eco- SH–219 SeaPower Subcommittee nomic outlook. 4 p.m. Closed business meeting to markup those SH–216 Foreign Relations provisions, which fall within the juris- 2 p.m. To hold hearings to examine the nomina- diction of the subcommittee, of pro- Banking, Housing, and Urban Affairs tion of Jendayi Elizabeth Frazer, of To hold hearings to examine the nomina- posed legislation authorizing appro- Virginia, to be Ambassador of the tions of Romolo A. Bernardi, of New priations for fiscal year 2005 for mili- United States of America to the Repub- York, to be Deputy Secretary of Hous- tary activities of the Department of ing and Urban Development, Dennis C. lic of South Africa. Defense. Shea, of Virginia, to be Assistant Sec- SD–419 SR–232A retary for Policy Development and Re- 5 p.m. search, and Cathy M. MacFarlane, of APRIL 27 Armed Services Virginia, to be Assistant Secretary for 9:30 a.m. Emerging Threats and Capabilities Sub- Public Policy, both of the Department Armed Services committee of Housing and Urban Development. Business meeting to consider the nomi- Closed business meeting to markup those SD–538 nations of Dionel M. Aviles, of Mary- provisions, which fall within the juris- 2:30 p.m. land, to be Under Secretary of the diction of the subcommittee, of pro- Appropriations Navy, Jerald S. Paul, of Florida, to be posed legislation authorizing appro- Foreign Operations Subcommittee Principal Deputy Administrator, Na- priations for fiscal year 2005 for mili- To hold hearings to examine proposed tional Nuclear Security Administra- tary activities of the Department of budget estimates for fiscal year 2005 for tion, and Tina Westby Jonas, of Vir- Defense. foreign assistance and to combat inter- ginia, to be Under Secretary of Defense SR–222 national terrorism. (Comptroller). SD–124 SR–222

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

VerDate mar 24 2004 00:14 Apr 20, 2004 Jkt 029060 PO 00000 Frm 00001 Fmt 0626 Sfmt 0634 E:\CR\FM\M19AP8.000 E19PT1 E540 CONGRESSIONAL RECORD — Extensions of Remarks April 19, 2004 MAY 5 posed legislation authorizing appro- priations for fiscal year 2005 for mili- 9 a.m. priations for fiscal year 2005 for mili- tary activities for the Department of Armed Services tary activities of the Department of Defense. Personnel Subcommittee Defense. SR–222 Closed business meeting to markup those SR–232A provisions, which fall within the juris- 2:30 p.m. MAY 11 diction of the subcommittee, of pro- Armed Services 10 a.m. posed legislation authorizing appro- Closed business meeting to markup pro- Energy and Natural Resources priations for fiscal year 2005 for mili- posed legislation authorizing appro- To hold hearings to examine the impacts tary activities of the Department of priations for fiscal year 2005 for mili- and costs of last year’s fires, focusing Defense. tary activities for the Department of on the problems faced last year and SR–232A Defense. what problems agencies and the land 10 a.m. SR–222 Armed Services they oversee may face next season, in- cluding aerial fire fighting assets and Readiness and Management Support Sub- MAY 6 committee crew, and overhead availability. 9:30 a.m. Closed business meeting to markup those SD–366 provisions, which fall within the juris- Armed Services diction of the subcommittee, of pro- Closed business meeting to markup pro- SEPTEMBER 21 posed legislation authorizing appro- posed legislation authorizing appro- 10 a.m. priations for fiscal year 2005 for mili- priations for fiscal year 2005 for mili- tary activities for the Department of Veterans’ Affairs tary activities of the Department of To hold joint hearings with the House Defense. Defense. Committee on Veterans’ Affairs to ex- SR–222 SR–222 amine the legislative presentation of 11:30 a.m. the American Legion. Armed Services MAY 7 Strategic Forces Subcommittee 9:30 a.m. 345 CHOB Closed business meeting to markup those Armed Services provisions, which fall within the juris- Closed business meeting to markup pro- diction of the subcommittee, of pro- posed legislation authorizing appro-

VerDate mar 24 2004 00:14 Apr 20, 2004 Jkt 029060 PO 00000 Frm 00002 Fmt 0626 Sfmt 0634 E:\CR\FM\M19AP8.000 E19PT1 Monday, April 19, 2004 Daily Digest Senate Ambassador, and the Deputy Representative of the Chamber Action United States of America in the Security Council of Routine Proceedings, pages S4075–S4101 the United Nations. Measures Introduced: One bill and one resolution Anne W. Patterson, of Virginia, to be a Rep- were introduced, as follows: S. 2319, and S. Res. resentative of the United States of America to the 340. Page S4096 Sessions of the General Assembly of the United Na- tions during her tenure of service as Deputy Rep- Removal of Injunction of Secrecy: The injunction resentative of the United States of America to the of secrecy was removed from the following treaty: United Nations. Extradition Treaty with Great Britain and North- Suzanne Hale, of Virginia, to be Ambassador to ern Ireland (Treaty Doc. No. 108–23) the Federated States of Micronesia. The treaty was transmitted to the Senate today, Routine lists in the Air Force, Army, Marine considered as having been read for the first time, and Corps, Navy. Page S4100 referred, with accompanying papers, to the Com- mittee on Foreign Relations and ordered to be print- Nomination Withdrawn: Senate received notifica- ed. Page S4100 tion of withdrawal of the following nomination: Walter H. Kansteiner, Assistant Secretary of State Appointments (African Affairs), to be a Member of the Board of Abraham Lincoln Study Abroad Fellowship Pro- Directors of the African Development Foundation for gram: The Chair announced the following appoint- a term expiring September 27, 2003, which was sent ment made on April 14, 2004, during the adjourn- to the Senate on January 9, 2003. Pages S4100–4101 ment of the Senate: Pursuant to Public Law Executive Communications: Pages S4094–96 108–199, on behalf of the Democratic Leader, the appointment of Douglas G. Ohmer of South Dakota Additional Cosponsors: Pages S4096–97 to serve as a member of the Abraham Lincoln Study Statements on Introduced Bills/Resolutions: Abroad Fellowship Program. Pages S4097–99 Nominations Received: Senate received the fol- Additional Statements: Pages S4093–94 lowing nominations: Privilege of the Floor: Pages S4099–S4100 Thomas Fingar, of Virginia, to be an Assistant Secretary of State (Intelligence and Research). Adjournment: Senate convened at 1 p.m., and ad- Constance Berry Newman, Assistant Secretary of journed at 4:32 p.m., until 9:45 a.m., on Tuesday, State (African Affairs), to be a Member of the Board April 20, 2004. (For Senate’s program, see the re- of Directors of the African Development Foundation marks of the Acting Majority Leader in today’s for a term expiring September 27, 2009. Record on page S4100.) Anne W. Patterson, of Virginia, to be Deputy Representative of the United States of America to Committee Meetings the United Nations, with the rank and status of No committee meetings were held.

D372

VerDate mar 24 2004 01:07 Apr 20, 2004 Jkt 029060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D19AP4.REC D19AP4 April 19, 2004 CONGRESSIONAL RECORD — DAILY DIGEST D373 House of Representatives Committee on Governmental Affairs: Subcommittee on Chamber Action Oversight of Government Management, the Federal The House was not in session today. Pursuant to Workforce, and the District of Columbia, to hold hear- the provisions of H. Con. Res. 404, providing for a ings to examine the effectiveness of the federal govern- conditional adjournment of the House of Representa- ment’s current efforts to enforce existing intellectual tives and a conditional recess or adjournment of the property rights and how current U.S. intellectual property Senate, it stands adjourned until 2 p.m. on Tuesday, enforcement policies relates to the loss of manufacturing April 20, 2004. jobs, 9:30 a.m., SD–342. Financial Management, the Budget, and International Security, to hold an oversight hearing to examine sup- Committee Meetings porting and strengthening the independence of the finan- No committee meetings were held. cial accounting standards board relating to expensing f stock options, 2:30 p.m., SD–342. Select Committee on Intelligence: to hold closed hearings to NEW PUBLIC LAWS examine certain intelligence matters, 2:30 p.m., SH–219. (For last listing of Public Laws, see DAILY DIGEST, p. D356) House H.R. 3108, to amend the Employee Retirement Income Security Act of 1974 and the Internal Rev- Committee on Appropriations, Subcommittee on Labor, enue Code of 1986 to temporarily replace the 30- Health and Human Services, Education and Related year Treasury rate with a rate based on long-term Agencies, to continue appropriation hearings, 10 a.m., corporate bonds for certain pension plan funding re- 2358 Rayburn. Committee on Financial Services, Subcommittee on Do- quirements and other provisions. Signed on April mestic and International Monetary Policy, Trade and 10, 2004. (Public Law 108–218). Technology, hearing entitled ‘‘HIPC Debt Relief: Which H.R. 2584, to provide for the conveyance to the Way Forward?’’ 2:30 p.m., 2128 Rayburn. Utrok Atoll local government of a decommissioned Committee on Government Reform, Subcommittee on En- National Oceanic and Atmospheric Administration ergy Policy, Natural Resources and Regulatory Affairs, ship. Signed on April 13, 2004. (Public Law hearing on What is the Administration’s Economic 108–219). Growth Plan Component for Paperwork Reduction? 2 f p.m., 2154 Rayburn. Committee on Rules, to consider H.R. 2844, Continuity COMMITTEE MEETINGS FOR TUESDAY, in Representation Act of 2004, 5:30 p.m., H–313 Cap- APRIL 20, 2004 itol. Permanent Select Committee on Intelligence, Subcommittee (Committee meetings are open unless otherwise indicated) on Technical and Tactical Intelligence, executive, briefing Senate on Technical Transformation Strategic Plan. 3 p.m., Committee on Appropriations: Subcommittee on Transpor- H–405 Capitol. tation, Treasury and General Government, to hold hear- f ings to examine the budget overview for the Department of Treasury, 10 a.m., SD–138. CONGRESSIONAL PROGRAM AHEAD Subcommittee on Energy and Water Development, to hold hearings to examine proposed budget estimates for Week of April 20 through April 24, 2004 fiscal year 2005 for Bureau of Reclamation and the Army Corps of Engineers, 10 a.m., SD–124. Senate Chamber Committee on Armed Services: to hold hearings to examine On Tuesday, Senate may consider S. 2290, Asbes- U.S. policy and military operations in Iraq and Afghani- tos Litigation bill. stan, 9:30 a.m., SD–106. During the balance of the week, Senate may con- Committee on Banking, Housing, and Urban Affairs: to sider any other cleared legislative and executive busi- hold hearings to examine current conditions of the bank- ness. ing and credit union industries, 2:30 p.m., SD–538. Committee on Foreign Relations: to hold hearings to exam- Senate Committees ine the current state of society in Iraq, 9:30 a.m., SH–216. (Committee meetings are open unless otherwise indicated) Subcommittee on International Economic Policy, Ex- Committee on Appropriations: April 20, Subcommittee on port and Trade Promotion, to hold hearings to examine Transportation, Treasury and General Government, to a ten year perspective and implications for the future re- hold hearings to examine the budget overview for the De- garding NAFTA, 2:30 p.m., SH–216. partment of Treasury, 10 a.m., SD–138.

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April 20, Subcommittee on Energy and Water Devel- Committee on Governmental Affairs: April 20, Sub- opment, to hold hearings to examine proposed budget es- committee on Oversight of Government Management, the timates for fiscal year 2005 for Bureau of Reclamation Federal Workforce, and the District of Columbia, to hold and the Army Corps of Engineers, 10 a.m., SD–124. hearings to examine the effectiveness of the federal gov- April 21, Subcommittee on Defense, to hold hearings ernment’s current efforts to enforce existing intellectual to examine proposed budget estimates for fiscal year 2005 property rights and how current U.S. intellectual property for missile defense, 10 a.m., SD–192. enforcement policies relates to the loss of manufacturing April 21, Subcommittee on Foreign Operations, to jobs, 9:30 a.m., SD–342. hold hearings to examine proposed budget estimates for April 20, Financial Management, the Budget, and fiscal year 2005 for foreign assistance and to combat International Security, to hold an oversight hearing to ex- international terrorism, 2:30 p.m., SD–124. amine supporting and strengthening the independence of April 22, Full Committee, to hold hearings to examine the financial accounting standards board relating to ex- the report of the U.S. Commission on Ocean Policy, 2 pensing stock options, 2:30 p.m., SD–342. p.m., SD–138. Committee on Indian Affairs: April 21, to hold hearings Committee on Armed Services: April 20, to hold hearings to examine S.297, to provide reforms and resources to the to examine U.S. policy and military operations in Iraq Bureau of Indian Affairs to improve the Federal acknowl- and Afghanistan, 9:30 a.m., SD–106. edgement process, 9:30 a.m., SR–485. Committee on Banking, Housing, and Urban Affairs: April Committee on the Judiciary: April 22, Subcommittee on 20, to hold hearings to examine current conditions of the Immigration, Border Security and Citizenship, to hold banking and credit union industries, 2:30 p.m., SD–538. hearings to examine state and local authority to enforce April 21, Full Committee, to hold hearings to examine immigration law relating to terrorism, 2:30 p.m., the nominations of Romolo A. Bernardi, of New York, SD–226. to be Deputy Secretary of Housing and Urban Develop- Select Committee on Intelligence: April 20, to hold closed ment, Dennis C. Shea, of Virginia, to be Assistant Sec- hearings to examine certain intelligence matters, 2:30 retary for Policy Development and Research, and Cathy p.m., SH–219. M. MacFarlane, of Virginia, to be Assistant Secretary for April 22, Full Committee, closed business meeting to Public Policy, both of the Department of Housing and consider certain intelligence matters, 2:30 p.m., SH–219. Urban Development, 2 p.m., SD–538. Committee on Commerce, Science, and Transportation: April House Chamber 22, to hold hearings to examine U.S. Commission on Ocean Policy Report, 9:30 a.m., SR–253. To be announced. Committee on Energy and Natural Resources: April 21, Subcommittee on Public Lands and Forests, to hold an House Committees oversight hearing to examine the implementation of the Committee on Appropriations, April 20, Subcommittee on Recreation Fee Demonstration Program by the Forest Labor, Health and Human Services, Education and Re- Service and Bureau of Land Management, and on policies lated Agencies, to continue appropriation hearings, 10 related to the program, 2:30 p.m., SD–366. a.m., 2358 Rayburn. Committee on Foreign Relations: April 20, to hold hear- April 21, Subcommittee on Interior, to continue appro- ings to examine the current state of society in Iraq, 9:30 priation hearings, 10 a.m., B–308 Rayburn. a.m., SH–216. April 21, and 22, Subcommittee on Labor, Health and April 20, Subcommittee on International Economic Human Services, Education, and Related Agencies, on Policy, Export and Trade Promotion, to hold hearings to National Institutes of Health, 10:15 a.m., on April 21, examine a ten year perspective and implications for the and 10 a.m., on April 22, 2358 Rayburn. future regarding NAFTA,2:30 p.m., SH–216. April 21, Subcommittee on Transportation, Treasury April 21, Full Committee, to hold hearings to examine and Independent Agencies, on the IRS, 10 a.m., 2358 the current state of society in Iraq, 9:30 a.m., SD–419. Rayburn. April 22, Full Committee, to hold hearings to examine April 21, Subcommittee on VA, HUD, and Inde- obstacles and opportunities regarding the Iraq transition, pendent Agencies, on NASA, 2359 Rayburn. 9:30 a.m., SD–106. April 22, Subcommittee on District of Columbia, on April 22, Full Committee, to hold hearings to examine District of Columbia Courts, 10 a.m., 2362A Rayburn. the nomination of Lauren Moriarty, of Hawaii, for the April 22, Subcommittee on Legislative, on House of rank of Ambassador during her tenure of service as Representatives and GPO, 1 p.m., H–140 Capitol. United States Senior Official to the Asia-Pacific Economic Committee on Armed Services, April 21, hearing on Iraq’s Cooperation Forum, 1:30 p.m., SD–106. Transition to Sovereignty, 10 a.m., and to hold a hearing April 22, Subcommittee on East Asian and Pacific Af- on the Performance of the Department of Defense Acqui- fairs, to hold hearings to examine U.S.-China relations sition Process in Support of Force Protection for Combat and the status of reforms in China, 2:30 p.m., SD–106. Forces, 3 p.m., 2118 Rayburn. April 22, Full Committee, to hold hearings to examine April 22, full Committee, hearing on the Report of the the nomination of Jendayi Elizabeth Frazer, of Virginia, Commission to Assess the Threat to the United States to be Ambassador of the United States of America to the from Electromagnetic Pulse (EMP) Attack, 9 a.m., 2118 Republic of South Africa, 4 p.m., SD–419. Rayburn.

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Committee on Education and the Workforce, April 21, hear- Committee on International Relations, April 21, hearing on ing on the Importance of Highly Qualified Teachers in The Taiwan Relations Act: The Next Twenty-Five Years, Raising Academic Achievement, 10:30 a.m., 2175 Ray- 10:30 a.m., 2172 Rayburn. burn. April 21, Subcommittee on Europe, hearing on the April 22, Subcommittee on Employer-Employee Rela- U.S. and Northern Europe: The e-PINE Initiative, 1:30 tions, hearing entitled ‘‘Developments in Labor Law: Ex- p.m., 2200 Rayburn. amining Trends and Tactics in Labor Organization Cam- April 22, Subcommittee on Africa, hearing on paigns,’’ 10:30 a.m., 2175 Rayburn. Rwanda’s Genocide: Looking Back, 2 p.m., 2172 Ray- Committee on Energy and Commerce, April 21, Sub- burn. committee on Energy and Air Quality and the Sub- Committee on the Judiciary, April 22, Subcommittee on committee on Environment and Hazardous Materials, the Constitution, oversight hearing entitled ‘‘Legal joint hearing entitled ‘‘Current Environmental Issues Af- Threats to Traditional Marriage: Implications for Public fecting the Readiness of the Department of Defense,’’ 10 Policy,’’ 2 p.m., 2141 Rayburn. a.m., 2123 Rayburn. Committee on Resources, April 21, hearing on H.R. 2941, April 22, full Committee, to mark up the following Colorado River Indian Reservation Boundary Correction measures: H.R. 3866, Anabolic Steroid Control Act of Act, 10 a.m., 1324 Longworth. 2004; H.R. 2771, To amend the Safe Drinking Water April 21, Subcommittee on Forests and Forest Health, Act to reauthorize the New York City Watershed Protec- hearing on H.R. 3846, Tribal Forest Protection Act of tion Act; and H. Res. 516, Supporting the goals of Na- 2004, 10 a.m., 1334 Longworth. tional Manufacturing Week, congratulating manufacturers Committee on Rules, April 20, to consider H.R. 2844, and their employees for their contributions to growth and Continuity in Representation Act of 2004, 5:30 p.m., innovation, and recognizing the challenges facing the H–313 Capitol. manufacturing sector, 9:30 a.m., 2123 Rayburn. Committee on Small Business, April 22, Subcommittee on Committee on Financial Services, April 20, Subcommittee Regulatory Reform and Oversight, hearing on Small on Domestic and International Monetary Policy, Trade Businesses Creating Jobs and Protecting the Environ- and Technology, hearing entitled ‘‘HIPC Debt Relief: ment, 10:30 a.m., 2360 Rayburn. Which Way Forward?’’ 2:30 p.m., 2128 Rayburn. Committee on Transportation and Infrastructure, April 21, April 21, Subcommittee on Capital Markets, Insurance, hearing on H.R. 3879, Coast Guard Authorization Act and Government Sponsored Enterprises, hearing entitled for Fiscal Year 2005, 11 a.m., 2167 Rayburn. ‘‘The FASB Stock Options Proposal: Its Effect on the April 22, Subcommittee on Aviation, oversight hearing U.S. Economy and Jobs,’’ 10 a.m., 2128 Rayburn. Committee on Government Reform, April 20, Sub- to Review the Airport Screener Privatization Pilot Pro- committee on Energy Policy, Natural Resources and Reg- gram, 10 a.m., 2167 Rayburn. ulatory Affairs, hearing on What is the Administration’s Permanent Select Committee on Intelligence, April 20, Sub- Economic Growth Plan Component for Paperwork Re- committee on Technical and Tactical Intelligence, execu- duction? 2 p.m., 2154 Rayburn. tive, briefing on Technical Transformation Strategic Plan April 21, Subcommittee on Criminal Justice, Drug 3 p.m., H–405 Capitol. Policy and Human Resources, hearing entitled ‘‘DOD’s April 21, full Committee, executive, hearing on GDIP Counternarcotics: What Is Congress Getting For Its Budget, 9 a.m., H–405 Capitol. Money?’’ 10 a.m., 2154 Rayburn. April 21, Subcommittee on Terrorism and Homeland April 21, Subcommittee on National Security, Emerg- Security, executive, briefing on Narco-Terror Connections, ing Threats and International Relations, hearing on Iraq 1 p.m., H–405 Capitol. Oil-for-Food Program: Starving for Accountability, 10 April 22, Subcommittee on Intelligence Policy and a.m., 210 Cannon. National Security, executive, hearing on Global Updates, April 21, Subcommittee on Technology, Information 9 a.m., H–405 Capitol. Policy, Intergovernmental Relations and the Census, hear- April 22, Subcommittee on Terrorism and Homeland ing entitled ‘‘Protecting Our Nation’s Cyber Space: Edu- Security, executive, hearing on Standards, Sharing, Col- cational Awareness for the Cyber Citizen,’’ 2 p.m., 2154 laboration: Tools of Trade, 1 p.m., H–405 Capitol. Rayburn. Select Committee on Homeland Security, April 21, Sub- April 22, full Committee, hearing on Can Federal committee on Cybersecurity, Science, and Research and Agencies Function in the Wake of a Disaster? A Status Development and the Subcommittee on Infrastructure and Report on Federal Agencies’ Continuity of Operations Border Security, joint hearing entitled ‘‘The DHS Infra- Plans, 10 a.m., 2154 Rayburn. structure Protection Division: Public-Private Partnerships April 22, Subcommittee on Human Rights and to Secure Critical Infrastructures,’’ 10:30 a.m., room to be Wellness, hearing entitled ‘‘Continued Human Rights announced. Violations in Cuba: One Year after Castro’s Crackdown of Political Dissidents,’’ 2 p.m., 2154 Rayburn. Joint Meetings April 23, full Committee, hearing on Justice for All: Joint Economic Committee: April 21, to hold hearings to A Review of the Operations of the District of Columbia examine the economic outlook, 10 a.m., SH–216. Superior Court, 10 a.m., 2154 Rayburn.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:45 a.m., Tuesday, April 20 2 p.m., Tuesday, April 20

Senate Chamber House Chamber Program for Tuesday: After the transaction of morning Program for Tuesday: To be announced. business (not to extend beyond 10:45 a.m.), Senate may consider S. 2290, Asbestos Litigation bill. (Senate will recess from 12:30 p.m. until 2:15 p.m. for their respective party conferences.)

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