February 7, 2006 CONGRESSIONAL RECORD—HOUSE 987 HOUSE OF REPRESENTATIVES—Tuesday, February 7, 2006

The House met at 2 p.m. and was lic for which it stands, one nation under God, COMMUNICATION FROM THE called to order by the Speaker pro tem- indivisible, with liberty and justice for all. CLERK OF THE HOUSE pore (Mr. CAMPBELL of California). f The SPEAKER pro tempore laid be- f fore the House the following commu- COMMUNICATION FROM THE nication from the Clerk of the House of DESIGNATION OF THE SPEAKER CLERK OF THE HOUSE PRO TEMPORE Representatives: The SPEAKER pro tempore laid be- The SPEAKER pro tempore laid be- OFFICE OF THE CLERK, fore the House the following commu- HOUSE OF REPRESENTATIVES, fore the House the following commu- nication from the Clerk of the House of Washington, DC, February 6, 2006. nication from the Speaker: Representatives: Hon. J. DENNIS HASTERT, WASHINGTON, DC, OFFICE OF THE CLERK, The Speaker, House of Representatives, February 7, 2006. HOUSE OF REPRESENTATIVES, Washington, DC. I hereby appoint the Honorable JOHN Washington, DC, February 2, 2006. DEAR MR. SPEAKER: Pursuant to the per- CAMPBELL to act as Speaker pro tempore on Hon. J. DENNIS HASTERT, mission granted in Clause 2(h) of Rule II of this day. The Speaker, House of Representatives, the Rules of the U.S. House of Representa- J. DENNIS HASTERT, Washington, DC. tives, the Clerk received the following mes- Speaker of the House of Representatives. DEAR MR. SPEAKER: Pursuant to the per- sage from the Secretary of the Senate on February 6, 2006, at 5:56 pm: f mission granted in Clause 2(h) of Rule II of the Rules of the U.S. House of Representa- That the Senate passed with amendment PRAYER tives, the Clerk received the following mes- H.R. 4297. The Chaplain, the Reverend Daniel P. sage from the Secretary of the Senate on With best wishes, I am February 2, 2006, at 9:15 pm: Sincerely, Coughlin, offered the following prayer: KAREN L. HAAS, Lord God, our Savior and source of That the Senate agreed to without amend- ment H. Con. Res. 332. Clerk of the House. our peace, be with Your beloved com- That the Senate passed without amend- munity as it mourns the loss of Coretta ment H.R. 4519. f Scott King. That the Senate passed S. 1219. Many Members of Congress have That the Senate agreed to S. Con. Res. 79. ANNOUNCEMENT BY THE SPEAKER joined her family and her friends from With best wishes, I am around the world gathered today in At- Sincerely, PRO TEMPORE lanta, Georgia. Today we join them as KAREN L. HAAS, The SPEAKER pro tempore. Pursu- they gather to praise Your holy name Clerk of the House. ant to clause 4 of rule I, the Speaker and thank You for this custodian of f signed the following enrolled bills on civil rights, witness of courage, and Friday, February 3, 2006: gracious leader. Grant to all Your peo- HOUR OF MEETING ON TOMORROW H.R. 4519, to amend the Public Health ple consolation and peace. Mr. DREIER. Mr. Speaker, I ask Service Act to extend funding for the Lord, reward now all her efforts to unanimous consent that when the operation of State high risk health in- give voice to those who suffer from House adjourns today, it adjourn to surance pools; poverty or injustice anywhere on meet at 2 p.m. tomorrow. H.R. 4659, to amend the USA PA- Earth. Bless her efforts to breathe The SPEAKER pro tempore. Is there TRIOT Act to extend the sunset of cer- forth into the soul of this Nation equal objection to the request of the gen- tain provisions of such act. justice under the law and peaceful har- tleman from California? mony among diverse peoples. There was no objection. f Lord, grant Your servant eternal f peace as she is greeted by her husband, COMMUNICATION FROM THE Dr. Martin Luther King, and enters COMMUNICATION FROM THE CLERK OF THE HOUSE into Your presence forever more. CLERK OF THE HOUSE Amen. The SPEAKER pro tempore laid be- The SPEAKER pro tempore laid be- fore the House the following commu- f fore the House the following commu- nication from the Clerk of the House of THE JOURNAL nication from the Clerk of the House of Representatives: The SPEAKER pro tempore. The Representatives: OFFICE OF THE CLERK, Chair has examined the Journal of the OFFICE OF THE CLERK, HOUSE OF REPRESENTATIVES, last day’s proceedings and announces HOUSE OF REPRESENTATIVES, Washington, DC, February 6, 2006. Washington, DC, February 3, 2006. Hon. J. DENNIS HASTERT, to the House his approval thereof. Hon. J. DENNIS HASTERT, The Speaker, House of Representatives, Pursuant to clause 1, rule I, the Jour- The Speaker, House of Representatives, Washington, DC. nal stands approved. Washington, DC. DEAR MR. SPEAKER: Pursuant to the per- f DEAR MR. SPEAKER: Pursuant to the per- mission granted in Clause 2(h) of Rule II of mission granted in Clause 2(h) of Rule II of the Rules of the U.S. House of Representa- PLEDGE OF ALLEGIANCE the Rules of the U.S. House of Representa- tives, I have the honor to transmit a sealed The SPEAKER pro tempore. Will the tives, the Clerk received the following mes- envelope received from the White House on gentleman from California (Mr. sage from the Secretary of the Senate on February 6, 2006, at 2 p.m. and said to con- DREIER) come forward and lead the February 3, 2006, at 9:12 am: tain a message from the President whereby House in the Pledge of Allegiance. That the Senate passed without amend- he submits his Budget of the United States ment H.R. 4659. Government for Fiscal Year 2007. Mr. DREIER led the Pledge of Alle- With best wishes, I am With best wishes, I am giance as follows: Sincerely, Sincerely, I pledge allegiance to the Flag of the KAREN L. HAAS, KAREN L. HAAS, United States of America, and to the Repub- Clerk of the House. Clerk of the House.

b This symbol represents the time of day during the House proceedings, e.g., b 1407 is 2:07 p.m. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

VerDate Sep 11 2014 14:48 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00001 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK1\BR07FE06.DAT BR07FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 988 CONGRESSIONAL RECORD—HOUSE February 7, 2006 BUDGET OF THE UNITED STATES ther strengthen the environment for funded liabilities will put an increasing FOR FISCAL YEAR 2007—MES- private-sector innovation and entrepre- burden on our children and our grand- SAGE FROM THE PRESIDENT OF neurship. children. We do not need to cut these THE UNITED STATES (H. DOC. In our efforts to keep our economy programs, but we do need to slow their NO. 109–79) strong and competitive, we will resist growth. We can solve this problem and The SPEAKER pro tempore laid be- calls to raise taxes on America’s work- still meet our Nation’s commitment to fore the House the following message ers, families, and businesses. Unless we the elderly, disabled, and poor. from the President of the United act to make tax relief permanent, in- Acting on my recommendations, both States; which was read and, together come tax rates eventually will rise, the houses of Congress have taken an im- with the accompanying papers, without marriage penalty will climb, the child portant first step, passing legislation objection, referred to the Committee tax credit will be cut, savers and inves- that would produce $40 billion in sav- on Appropriations and ordered to be tors will be hit with higher taxes, and ings from mandatory programs and en- printed: the death tax will come back to life. titlement reforms—the first such sav- With a growing economy, tax re- ings in nearly a decade. My budget THE BUDGET MESSAGE OF THE PRESIDENT ceipts are on the rise, helping to bring builds on this progress by proposing $65 America’s economy is growing at a down the deficit in 2005. To stay on billion more in savings in entitlement healthy pace, and more Americans are track to meet my goal of cutting the programs. working than ever. In the face of a se- deficit in half by 2009, we must main- My Budget also includes proposals to ries of challenges, including most re- tain our pro-growth policies and insist address the longer-term challenge aris- cently devastating natural disasters, on spending restraint. ing from unsustainable growth in Medi- Americans have stood firm, and Amer- Last year, I proposed to hold overall care, while ensuring modern health ica’s economy has demonstrated its discretionary spending growth below care for our seniors. In addition, I will strength and resilience time and again. the rate of inflation—and Congress de- continue to call on Congress to enact My Administration has focused the livered on that goal. Last year, I pro- comprehensive reform of Social Secu- Nation’s resources on our highest pri- posed that we focus our resources on rity for future generations, so that we ority: protecting our citizens and our defense and homeland security and cut return the system to firm financial homeland. Working with Congress, we elsewhere—and Congress delivered on footing, protect the benefits of today’s have given our men and women on the that goal. And also last year, my Budg- retirees and near-retirees, provide the frontlines in the War on Terror the et proposed major cuts in or elimi- opportunity for today’s young workers funding they need to defeat the enemy nations of 154 programs that were not to build a secure nest egg they can call and detect, disrupt, and dismantle ter- getting results and not fulfilling essen- their own, and assure our children and rorist plots and operations. We con- tial priorities. Thanks to the work of grandchildren a retirement benefit tinue to help emerging democracies in Congress, we delivered savings to the that is as good as is available today. Afghanistan and Iraq stand on their taxpayer of $6.5 billion on 89 of my Ad- As this budget shows, we have set own. As the Afghan and Iraqi peoples ministration’s recommendations. clear priorities that meet the most assume greater responsibility for their The 2007 Budget builds on these ef- pressing needs of the American people own security and for defeating the ter- forts. Again, I am proposing to hold while addressing the long-term chal- rorists, our troops will come home with overall discretionary spending below lenges that lie ahead. The 2007 Budget the honor they have earned. the rate of inflation and to cut spend- will ensure that future generations of My Administration has responded to ing in non-security discretionary pro- Americans have the opportunity to live major economic challenges by fol- grams below 2006 levels. My Adminis- in a Nation that is more prosperous lowing this vital principle: the Amer- tration has identified 141 programs and more secure. With this Budget, we ican economy grows when people are that should be terminated or signifi- are protecting our highest ideals and allowed to keep more of what they cantly reduced in size. To help bring building a brighter future for all. earn, to save and spend as they see fit. greater accountability and trans- GEORGE W. BUSH, February 6, 2006. The results are clear. parence to the budget process, my Since May 2003, when I signed into Budget proposed reforms so that firm f law major tax relief, America has spending limits are put in place, and added more than four and a half mil- public funds are used for the best pur- RESIGNATION AS CHAIRMAN OF lion new jobs. Productivity is high, dis- poses with the broadest benefits. COMMITTEE ON EDUCATION AND posable income is up, household wealth The 2007 Budget also continues our THE WORKFORCE is at record levels, consumer con- efforts to improve performance and The SPEAKER pro tempore laid be- fidence has climbed, small businesses make sure the taxpayers get the most fore the House the following resigna- are expanding, and more Americans for their money. My Administration tion as chairman of the Committee on own their homes than at any time in expects to be held accountable for sig- Education and the Workforce: our Nation’s history. nificantly improving the way the Gov- COMMITTEE ON EDUCATION AND THE Our economy is the envy of the in- ernment works. In every program, and WORKFORCE, HOUSE OF REP- dustrialized world. To build and main- in every agency, we are measuring suc- RESENTATIVES, tain our competitive edge, my Admin- cess not by good intentions or by dol- Washington, DC, February 6, 2006. istration has a broad agenda to pro- lars spent, but rather by results Hon. J. DENNIS HASTERT, mote America’s long-term economic achieved. Speaker, House of Representatives, strength. We are opening new markets In the long term, the biggest chal- Washington, DC. to American-made goods and services lenge to our Nation’s fiscal health DEAR MR. SPEAKER: As a result of my elec- tion Thursday as Majority Leader, this let- through trade agreements. We are pro- comes from unsustainable growth in ter is to inform you that I resign as Chair- posing reforms to prevent needless liti- entitlement spending. Entitlement pro- man of the Committee on Education and the gation and burdensome regulations. grams such as Social Security and Workforce and from further service on that Through major reforms of our public Medicare are growing faster than our Committee. During my five years of service schools, we are preparing our children ability to pay for them, faster than the as Chairman on the Committee on Education to compete and succeed in the global economy, faster than the rate of infla- and the Workforce, the Committee has over- economy. And my Budget includes an tion, and faster than the population. As seen and enacted 131 public laws designed to American Competitiveness Initiative more baby boomers retire and collect improve the lives of all Americans. I also resign from the Committee on Agri- that targets funding to advance tech- their benefits, our deficits are pro- culture on which I have served since being nology, better prepare American chil- jected to grow. There will be fewer peo- elected to Congress. I would ask that Con- dren in math and science, develop and ple paying into the system, and more ference Rule 2 be invoked with respect to my train a high-tech workforce, and fur- retirees collecting benefits. These un- status on both Committees. I am humbled by

VerDate Sep 11 2014 14:48 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00002 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK1\BR07FE06.DAT BR07FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE February 7, 2006 CONGRESSIONAL RECORD—HOUSE 989 my peers’ decision to elect me as our Major- got to respect science and use it ac- H.R. 4659. To amend the USA PATRIOT ity Leader and I look forward to working cordingly. Act to extend the sunset of certain provi- with you in that capacity. sions of such act. f Sincerely, f JOHN A. BOEHNER, RESIGNATION AS MEMBER OF Chairman. COMMITTEE ON ENERGY AND ADJOURNMENT The SPEAKER pro tempore. Without COMMERCE Mr. DREIER. Mr. Speaker, I move that the House do now adjourn. objection, the resignation is accepted. The SPEAKER pro tempore laid be- There was no objection. The motion was agreed to; accord- fore the House the following resigna- ingly (at 2 o’clock and 11 minutes f tion as a member of the Committee on p.m.), under its previous order, the COMMUNICATION FROM DISTRICT Energy and Commerce: House adjourned until tomorrow, DIRECTOR OF THE HONORABLE CONGRESS OF THE UNITED STATES, Wednesday, February 8, 2006, at 2 p.m. DENNIS MOORE, MEMBER OF HOUSE OF REPRESENTATIVES, Washington, DC, February 7, 2006. f CONGRESS Hon. J. DENNIS HASTERT, REPORTS OF COMMITTEES ON The SPEAKER pro tempore laid be- Speaker, House of the Representatives, PUBLIC BILLS AND RESOLUTIONS Washington, DC. fore the House the following commu- Under clause 2 of rule XIII, reports of nication from Julie Merz, District Di- DEAR MR. SPEAKER: I hereby respectfully resign my seat on the House Energy and committees were delivered to the Clerk rector of the Honorable DENNIS MOORE, Commerce Committee effective February 7, for printing and reference to the proper Member of Congress: 2006. I would like to express my deep grati- calendar, as follows: CONGRESS OF THE UNITED STATES, tude to you and Chairman Barton for the op- [The following action occurred on February 3, HOUSE OF REPRESENTATIVES, portunity to serve and look forward to con- 2006] Washington, DC, February 1, 2006. tinuing to work with you in the future. Mr. THOMAS: Committee on Ways and Hon. J. DENNIS HASTERT, Sincerely, Means. H.R. 1631. A bill to provide for the fi- Speaker, House of Representatives, J. GRESHAM BARRETT, nancing of high-speed rail infrastructure, Washington, DC. Member of Congress. and for other purposes: with an amendment DEAR MR. SPEAKER: This is to notify you The SPEAKER pro tempore. Without (Rept. 109–314 Pt. 2). Referred to the Com- formally, pursuant to Rule VIII of the Rules objection, the resignation is accepted. mittee of the Whole House on the State of of the House of Representatives, that I have the Union, and ordered to be printed. been served with a subpoena, issued by the There was no objection. DISCHARGE OF COMMITTEE District Court of Johnson County, Kansas, f for testimony in a criminal case. Pursuant to clause 2 of rule XII the After consultation with the Office of Gen- SENATE BILLS REFERRED Committee on Resources discharged eral Counsel, I have determined that compli- A bill and a concurrent resolution of from further consideration. H.R. 3699 ance with the subpoena is consistent with the Senate of the following titles were committed to the Committee of the the precedents and privileges of the House. taken from the Speaker’s table and, Whole House on the State of the Union Sincerely, under the rule, referred as follows: and ordered to be printed. JULIE MERZ, f District Director. S. 1219. An act to authorize certain tribes in the State of Montana to enter into a lease f SUBSEQUENT ACTION ON RE- or other temporary conveyance of water PORTED BILLS SEQUENTIALLY ADMINISTRATION CUTS OFF rights to meet the water needs of the Dry REFERRED FEDERAL FUNDS TO OSU STUDY Prairie Rural Water Association, Inc.; to the Committee on Resources. Under clause 2 of rule XIII, reports of (Mr. INSLEE asked and was given S. Con. Res. 79. Concurrent resolution ex- committees were delivered to the Clerk permission to address the House for 1 pressing the sense of Congress that no for printing and reference to the proper minute and to revise and extend his re- United States assistance should be provided calendar, as follows: marks.) directly to the Palestinian Authority if any Mr. JOE BARTON of Texas: Committee on Mr. INSLEE. Mr. Speaker, we have representative political party holding a ma- Energy and Commerce. H.R. 3699. A bill to jority of parliamentary seats within the Pal- provide for the sale, acquisition, conveyance, another concern today arising about estinian Authority maintains a position call- the administration’s potential abuse of and exchange of certain real property in the ing for the destruction of Israel; to the Com- District of Columbia to facilitate the utiliza- the scientific process in making policy. mittee on International Relations. tion, development, and redevelopment of Today, the Associated Press reported f such property, and for other purposes: with that the Bureau of Land Management amendments (Rept. 109–316 Pt. 3). Referred to under this administration has sus- ENROLLED BILLS SIGNED the Committee of the Whole House on the pended funding for the final year of a Mrs. Haas, Clerk of the House, re- State of the Union. study from Oregon State University on ported and found truly enrolled bills of f the impact of logging in national for- the House of the following titles, which TIME LIMITATION OF REFERRED ests burned by wildfires. were thereupon signed by the Speaker: BILL Findings of these studies were pub- H.R. 4519. An act to amend the Public lished last month in the magazine Health Service Act to extend funding for the Pursuant to clause 2 of rule XII the Science, and they suggested that the operation of State high risk health insurance following action was taken by the administration’s stance on salvage log- pools. Speaker: ging runs counter to the real goals re- H.R. 4659. An act to amend the USA PA- H.R. 921. Referral to the Committee on TRIOT Act to extend the sunset of certain Education and the Workforce extended for a garding forest regeneration and fire provisions of such act. period ending not later than March 3, 2006. prevention. I am concerned in this case f H.R. 2829. Referral to the Committee on that we have seen yet another situa- the Judiciary, Energy and Commerce, Intel- tion where funding may have been fro- BILLS PRESENTED TO THE ligence (Permanent Select), and Education zen to punish scientific results legiti- PRESIDENT and the Workforce extended for a period end- mately conducted at Oregon State Uni- ing not later than March 3, 2006. Karen L. Haas, Clerk of the House, H.R. 3505. Referral to the Committee on versity, and that is why I have called reports that on February 3, 2006, she the Judiciary extended for a period ending on the Interior Department’s inspector presented to the President of the not later than February 24, 2006. general today to investigate whether United States, for his approval, the fol- f or not this in fact has occurred. lowing bills. PUBLIC BILLS AND RESOLUTIONS Did Daniel Donato and his research H.R. 4519. To amend the Public Health team from OSU lose funding because of Service Act to extend funding for the oper- Under clause 2 of rule XII, public this cause? Is this another punishment ation of State high risk health insurance bills and resolutions were introduced situation? We need to find out. We have pools. and severally referred, as follows:

VerDate Sep 11 2014 14:48 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00003 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK1\BR07FE06.DAT BR07FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 990 CONGRESSIONAL RECORD—HOUSE February 7, 2006 By Mr. CHABOT: ADDITIONAL SPONSORS H.R. 4548: Mr. SHERMAN. H.R. 4551: Mr. SESSIONS. H.R. 4701. A bill to amend the Ethics in Under clause 7 of rule XII, sponsors Government Act of 1978 (5 U.S.C. App.) to ex- H.R. 4606: Mr. FATTAH. were added to public bills and resolu- tend the authorization of appropriations for H.R. 4619: Mr. ENGEL and Mr. CAPUANO. the Office of Government Ethics through fis- tions as follows: H.R. 4646: Ms. LEE, Mr. MCINTYRE, Mr. CAR- cal year 2011; to the Committee on Govern- H.R. 198: Mr. FATTAH and Mr. BACHUS. DOZA, Ms. WATSON, Ms. HARMAN, Mr. LEWIS ment Reform, and in addition to the Com- H.R. 200: Mr. FATTAH. of California, Mrs. NAPOLITANO, Ms. LINDA T. mittee on the Judiciary, for a period to be H.R. 356: Mr. FORTENBERRY, Mr. BOEHNER, SA´ NCHEZ of California, Mr. SCHIFF, Mr. WAX- subsequently determined by the Speaker, in and Mr. LINCOLN DIAZ-BALART of Florida. MAN, Mr. BERMAN, Mrs. CAPPS, Mr. FARR, Mr. each case for consideration of such provi- H.R. 389: Mrs. CUBIN and Mr. NEUGEBAUER. FILNER, Ms. KILPATRICK of Michigan, Mr. sions as fall within the jurisdiction of the H.R. 1026: Mr. ROGERS of Michigan. LANTOS, Mr. BECERRA, Ms. ZOE LOFGREN of committee concerned. H.R. 1130: Mr. MEEHAN. California, Ms. MILLENDER-MCDONALD, Mr. By Mr. FRANK of Massachusetts: H.R. 1143: Mr. MILLER of Florida. GEORGE MILLER of California, Mr. RYAN of H.R. 4702. A bill to amend title II of the So- H.R. 1262: Mr. FATTAH. Ohio, Ms. ROYBAL-ALLARD, Mr. DOOLITTLE, cial Security Act to eliminate the time limi- H.R. 1290: Mr. FATTAH. Mrs. TAUSCHER, Mr. THOMPSON of California, tation for corrections to wage and self-em- H.R. 1470: Mr. GONZALEZ. Mr. STARK, Mr. SANDERS, Mr. BACA, Ms. ployment income records; to the Committee H.R. 1498: Mr. AL GREEN of Texas and Mr. ESHOO, Mr. BARROW, Mr. BROWN of Ohio, Mr. on Ways and Means. DAVIS of Tennessee. BUTTERFIELD, Mr. ENGEL, Mr. GALLEGLY, By Mr. GINGREY (for himself and Mr. H.R. 1578: Mr. BROWN of Ohio, Mr. GORDON, Mrs. MCCARTHY, Mr. POMEROY, Mr. RANGEL, TIERNEY): Mr. GUTKNECHT, Ms. HERSETH, Mr. KNOLLEN- Mr. SNYDER, Mr. WYNN, Mr. CLAY, Mr. MEEK H.R. 4703. A bill to provide meaningful civil BERG, and Mr. SCHWARZ of Michigan. of Florida, Mr. MORAN of Virginia, Mr. remedies for victims of the sexual exploi- H.R. 1849: Mr. PETERSON of Minnesota. PETERSON of Pennsylvania, Mr. SERRANO, tation of children; to the Committee on the H.R. 2089: Mr. BURTON of Indiana. and Mr. CLEAVER. Judiciary. H.R. 2193: Mr. KING of New York. H.R. 4662: Mr. WESTMORELAND, Mrs. By Mr. LANGEVIN (for himself, Mr. H.R. 2206: Mr. HINCHEY and Mrs. BONO. MYRICK, Mr. PITTS, Mr. BROWN of South H.R. 2230: Ms. WASSERMAN SCHULTZ. WELDON of Pennsylvania, and Mr. Carolina, Mr. KUHL of New York, Mr. BAR- H.R. 2389: Mr. MORAN of Kansas. RAMSTAD): RETT of South Carolina, Mr. GOODE, Mr. COLE H.R. 2716: Mr. FATTAH. H.R. 4704. A bill to address the needs of in- of Oklahoma, Mr. FRANKS of Arizona, Mr. H.R. 2970: Mr. WALSH and Mrs. KELLY. ˜ dividuals with disabilities in emergency FORTUNO, and Ms. FOXX. H.R. 3196: Mr. MICHAUD. planning requirements and relief efforts in H.R. 4665: Mr. KUCINICH, Mr. BOREN, Mr. H.R. 3198: Ms. HOOLEY. the event of a major disaster, to increase the CARDOZA, Mr. REYES, Mr. ALLEN, Ms. H.R. 3427: Mr. LANGEVIN. accessibility of replacement housing built WASSERMAN SCHULTZ, and Mr. LANGEVIN. H.R. 3590: Mr. HAYWORTH. with Federal funds following Hurricane H.R. 4668: Mr. KENNEDY of Minnesota, Mr. H.R. 3641: Mrs. MCCARTHY and Mr. GUTIER- Katrina and other major disasters, and for PORTER, and Mr. WEXLER. REZ. other purposes; to the Committee on Trans- H.R. 4672: Mr. BURGESS. H.R. 3642: Ms. LORETTA SANCHEZ of Cali- portation and Infrastructure, and in addition H. Con. Res. 282: Mr. KUCINICH. fornia. to the Committee on Small Business, for a H. Con. Res. 317: Mr. KUCINICH. H.R. 3762: Mr. ANDREWS, Mr. MEEHAN, Ms. period to be subsequently determined by the H. Con. Res. 318: Mr. KUCINICH and Mr. ZOE LOFGREN of California, and Mr. ROTH- Speaker, in each case for consideration of MCGOVERN. MAN. such provisions as fall within the jurisdic- H. Con. Res. 331: Mr. MURPHY and Mr. H.R. 3883: Mrs. NORTHUP and Mr. TERRY. tion of the committee concerned. OWENS. H.R. 3940: Mrs. JO ANN DAVIS of Virginia. By Mr. SAXTON: H. Res. 495: Mr. FOSSELLA. H.R. 4025: Mr. CLAY. H.R. 4705. A bill to establish the Math and H.R. 4059: Mr. LAHOOD, Mr. WEINER, Mr. H. Res. 507: Mr. ENGLISH of Pennsylvania. Science Teaching Corps; to the Committee KING of New York, and Mr. REYES. H. Res. 556: Ms. JACKSON-LEE of Texas, Mr. on Education and the Workforce. H.R. 4072: Mrs. DRAKE. OSBORNE, Mr. ETHERIDGE, Mr. CHANDLER, Mr. By Mr. STARK (for himself, Mr. EMAN- H.R. 4073: Mr. FATTAH. MATHESON, and Mr. OTTER. UEL, Mr. DEFAZIO, Mr. DOGGETT, Mr. H.R. 4099: Mr. ALEXANDER. H. Res. 593: Ms. MCCOLLUM of Minnesota. HINCHEY, and Mr. MCDERMOTT): H.R. 4197: Mr. REYES, Mr. KILDEE, Ms. H. Res. 635: Ms. MCKINNEY, Mr. HINCHEY, H.R. 4706. A bill to amend the Internal Rev- BERKLEY, and Mr. MELANCON. Mrs. MALONEY, Mr. LEWIS of Georgia, and enue Code of 1986 to deny any deduction for H.R. 4202: Ms. MCKINNEY. Mr. FARR. certain gifts and benefits provided to physi- H.R. 4217: Mr. KOLBE. H. Res. 636: Mr. HINCHEY, Mrs. MALONEY, cians by prescription drug manufacturers; to H.R. 4238: Mr. ALEXANDER. and Mr. FARR. the Committee on Ways and Means. H.R. 4239: Mr. WILSON of South Carolina. H. Res. 637: Mr. HINCHEY, Mrs. MALONEY, By Mr. MURPHY (for himself and Ms. H.R. 4242: Mr. CLAY. and Mr. FARR. HART): H.R. 4347: Mr. WEXLER. H. Res. 643: Mr. INSLEE and Mr. HINCHEY. H. Res. 670. A resolution congratulating H.R. 4395: Mr. MCNULTY and Ms. WOOLSEY. H. Res. 662: Mr. EHLERS, Mr. FEENEY, Mr. the National Football League champion H.R. 4408: Mr. MILLER of Florida. FORTENBERRY, Mr. GARRETT of New Jersey, Pittsburgh Steelers for winning Super Bowl H.R. 4474: Mr. RANGEL, Mr. DOGGETT, Mr. Mr. GOODE, Ms. HARRIS, Mr. HOSTETTLER, Mr. XL and completing one of the greatest HOYER, and Mr. BROWN of Ohio. INGLIS of South Carolina, Mr. KELLER, Mr. postseason runs in professional sports his- H.R. 4547: Mr. YOUNG of Alaska, Mr. KUHL of New York, Mrs. MYRICK, Mr. TERRY, tory; to the Committee on Government Re- WICKER, Mr. BURTON of Indiana, Mr. SCHWARZ Mr. WESTMORELAND, and Mr. SENSEN- form. of Michigan and Mr. MILLER of Florida. BRENNER.

VerDate Sep 11 2014 14:48 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00004 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK1\BR07FE06.DAT BR07FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE February 7, 2006 CONGRESSIONAL RECORD—SENATE 991 SENATE—Tuesday, February 7, 2006

The Senate met at 9:45 a.m. and was Mr. ALEXANDER thereupon assumed work on the bill, and we can discuss called to order by the Honorable the Chair as Acting President pro tem- the timing of that later in the day. LAMAR ALEXANDER, a Senator from the pore. As the leader announced, we expect State of Tennessee. f to be on the asbestos bill for the re- mainder of this week. We would like to PRAYER RESERVATION OF LEADER TIME make progress on asbestos-related The PRESIDING OFFICER. Today’s The ACTING PRESIDENT pro tem- amendments throughout this current prayer will be offered by the Chief of pore. Under the previous order, the week. Staff to the Senate Chaplain, Alan N. leadership time is reserved. I also remind our colleagues that we Keiran. will continue to work on executive f The guest Chaplain offered the fol- nominations this week. There are a lowing prayer: MORNING BUSINESS number of executive nominations on Let us pray: the calendar. They are ready for con- Lord God, King and Creator of the The ACTING PRESIDENT pro tem- sideration and should be considered. heavens and the Earth, we pause to pore. Under the previous order, there Members should expect votes on those offer our praise and thanksgiving for will be a period for the transaction of the joys of life. You have blessed us morning business for up to 60 minutes. nominations as well. with friends and family, freedom and The first half of the time will be under Mr. President, I suggest the absence faith. You have given us religious lib- the control of the Democratic leader or of a quorum. erty and have challenged us to seek his designee, and the second half of the The ACTING PRESIDENT pro tem- Your eternal wisdom as we plot the time will be under the control of the pore. The clerk will call the roll. course of our lives. You have blessed majority leader or his designee. The legislative clerk proceeded to call the roll. our Nation with praying leaders whose f hearts are inclined toward You. Mrs. MURRAY. Mr. President, I ask We ask Your blessing on all our Na- RECOGNITION OF THE ASSISTANT unanimous consent that the order for tion’s leaders and citizens. Bless our MAJORITY LEADER the quorum call be rescinded. The ACTING PRESIDENT pro tem- President, our Representatives, our The ACTING PRESIDENT pro tem- pore. Without objection, it is so or- Senators, their families, and their pore. The assistant majority leader is dered. staffs. May each experience a deep recognized. sense of Your love and mercy. Grant f f them good health, safe travel, and IMPACT OF THE BUDGET PROCESS ample rest as they serve our great Na- SCHEDULE tion. Mrs. MURRAY. Mr. President, a Mr. MCCONNELL. As the occupant of Be with the members of our Armed week ago we all listened as the Presi- the chair indicated, this morning, we Forces and their families. Grant those dent laid out his priorities in the State will have a period of morning business in harm’s way the light of Your pres- of the Union. for up to 60 minutes, and that is equal- ence. Bless and protect all guardians of At the time, I noted that what he ly divided. liberty at home and deployed. And says in his speech is a lot less impor- Following that time, the Senate will bless all who are attending Mrs. tant than what he does in his budget. resume consideration of the motion to Coretta Scott King’s funeral today. Yesterday, he sent us his budget, and We pray in Your glorious Name. proceed to S. 852, the asbestos bill. Yes- I am deeply concerned about what it Amen. terday, the majority leader filed clo- means for our country, our people and ture on the motion to proceed to the f our future. asbestos bill and that cloture vote is Later today, I will raise some of my PLEDGE OF ALLEGIANCE scheduled for 6 p.m. today. concerns directly with the budget di- The Honorable LAMAR ALEXANDER led We have a Senate delegation attend- rector, and I will come back here to the the Pledge of Allegiance, as follows: ing the funeral of Coretta Scott King floor time and again to talk about I pledge allegiance to the Flag of the in Georgia today. Tonight’s vote at 6 what we should be doing. United States of America, and to the Repub- will be the first vote of the day. But this morning, I want to step back lic for which it stands, one nation under God, ORDER OF PROCEDURE and take a broad look at the signifi- indivisible, with liberty and justice for all. I ask unanimous consent that debate cance of the budget and the choices be- f on the motion to proceed be equally di- fore us. APPOINTMENT OF ACTING vided between the two leaders or their I want to remind my colleagues that PRESIDENT PRO TEMPORE designees. I further ask that the last 20 what we do now will affect us, and the The PRESIDING OFFICER. The minutes be allocated as follows: The American people, months from now. clerk will please read a communication Democratic leader or his designee for The budget decisions we make now to the Senate from the President pro 10 minutes, to be followed by the ma- will either empower us, or tie our tempore (Mr. STEVENS). jority leader or his designee for the hands, when we turn to write the ap- The legislative clerk read as follows: final 10 minutes. propriations bills. U.S. SENATE, The ACTING PRESIDENT pro tem- I am speaking on the floor today to PRESIDENT PRO TEMPORE, pore. Is there objection? warn my colleagues that you cannot Washington, DC, February 7, 2006. Without objection, it is so ordered. vote for an unrealistic budget in the To the Senate: Mr. MCCONNELL. Mr. President, it is spring and then act surprised in the Under the provisions of rule I, paragraph 3, our hope that we will be able to invoke summer and fall when painful cuts are of the Standing Rules of the Senate, I hereby cloture today and start debate on the required. appoint the Honorable LAMAR ALEXANDER, a Senator from the State of Tennessee, to per- substance of this very important piece At the end of every year, Congress form the duties of the Chair. of legislation. If cloture is invoked, I crams several important pieces of leg- TED STEVENS, believe the chairman would be ready islation through in a rush to head President pro tempore. tonight or early tomorrow to begin home for the holidays. This past year

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

VerDate Sep 11 2014 14:48 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00005 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK1\BR07FE06.DAT BR07FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 992 CONGRESSIONAL RECORD—SENATE February 7, 2006 was no different. In a matter of days, ority the Government will have for an orities. The principle here is clear: Taxpayer we finished appropriations bills, au- entire year. dollars must be spent wisely, or not at all. thorization bills, and even spending The Federal budget is the statement A week later, we received a budget cuts. of our priorities as a people. It should from President Bush that slashed Unfortunately, the logjam we experi- be a moral, thoughtful document. health care programs, punished vet- enced at the end of last year was not a It should carefully consider its im- erans, cut education aid, and increased surprise to many of us who work close- pact on the Nation’s best-off and worst- the long-term financial obligation we’ll ly on the budget process. off. leave to the next generation. His ‘‘non- Starting in March, many of us began Too often, I fear, this impact is over- essential priorities’’ were made quite raising concerns that we were headed looked in all the details and process. clear. in the wrong direction. We knew that Its impact is lost in the time from the In choosing to vote against that there was no way we could honor our budget’s passage to the enactment of budget, I said: commitment to America’s working the final appropriations bills. Families in Washington State and across families, enact huge cuts in entitle- That is why this year, with the ben- the country are concerned about the security ment programs like Medicare and Med- efit of our action at the end of 2005, of their jobs, their communities, access to affordable health care and a quality edu- icaid, enact another round of tax cuts, with upcoming votes on left-over items cation. Unfortunately, rather than inspiring and continue to cut our Nation’s def- from last year, and with the Presi- confidence, the budget we are voting on to- icit. dent’s new budget, I wanted to come night leaves too many Americans ques- When you add in the growing cost of here to the floor to ensure that we all tioning the future. war and Hurricane Katrina, the legisla- know the stakes of this great debate. On issue after issue, this budget falls short tive train wreck was entirely predict- And I intend to be back, saying much of what our communities and our country need to move forward. able. the same, I fear, in the weeks and I know what responsible budgets look like But no matter what the hurry, make months ahead. because I’ve worked with chairmen of both no mistake these bills have serious This year’s budget, and the priorities parties to create them. consequences, and their impact will be it enacts, will not be lost to time, if I Unfortunately, this Republican budget felt for years to come. have anything to say about it. It is fails to create jobs, improve security and They set funding levels, cut and grow simply too important to forget. meet our country’s needs. programs, and set important policy for As I listened to the President’s State Mr. President, last year’s budget pro- agencies and programs touching nearly of the Union, I felt a real disconnect posal was a disaster. It cut Medicaid— every American. between his priorities and the chal- the health care for our most vulner- But it is more than that. Collec- lenges facing working families in able. It cut education. It cut veterans tively, they represent our priorities Washington State, Americans across funding. And incredibly, once again, it and reflect our values. our country, and those fighting for our increased the deficit. They provide the direction we intend freedom abroad. The President has rightly been fo- to lead the country. And what too few We all want America to be strong cused on our Nation’s security, but his Americans know—and too few Senators again and that means we must invest budget didn’t reflect the type of prior- seem to remember—is that one single in our people and in our infrastructure. ities that keep Americans safe. Speech- document serves as the blueprint for What the President said last week mat- es are one thing, but they ring hollow these additions, subtractions and ev- ters much less than what he does in his if not matched with a real commitment erything in between each year. budget. of funding. In fact, in his budget proposal last I’m speaking, of course, about the That budget is a document of values, year, the President tried to cut fire- Federal budget resolution. and it will tell us if he is really intent fighter grants, funding for U.S. search Every year, with much fanfare and on creating a brighter future for Amer- and rescue, and the port security even more detail, the administration ica or just giving us more of the same. sends Congress a spending and revenue grants that help keep cities such as Se- It is time to put the needs of Amer- attle and Tacoma safe. If we are seri- plan for the next 5 years. Congress is ica’s working families first. We need a ous about our security, then each of required to draft a similar spending government that reflects our values these should be priority for this Presi- and revenue plan. and provides real economic incentives dent. Our work begins on the day we re- to encourage job creation. And after that budget passed—by the ceive the President’s budget and is sup- We can do that by investing in our slimmest of margins, I might add—we posed to be completed by April 15. infrastructure, providing affordable, felt the pain it inflicted. In appropria- From early February, until April we accessible healthcare, supporting en- tions debate after appropriations de- debate, mark up, and offer a multitude ergy independence, providing education bate Democrats, and in some cases of amendments. for all of our children, and protecting even some Republicans, fought to pro- Most of the time, we complete this our ports and borders. vide the basic funding for services that process and move to the next phase of These are the priorities that will make a difference in every American’s the budget process on May 1. The con- make our Union and our families life—the most important programs gressional budget resolution sets the strong. We also have a moral obliga- needed. tone for the entire budget process, in- tion to ensure that our troops who Several times Republicans invoked cluding appropriations. serve and protect all of us have the re- the budget, saying we couldn’t provide I have served on the Budget Com- sources they need on the battlefield the necessary dollars because of its mittee for my entire Senate career. It’s and when they return home. constraints. a very important committee, one that Unfortunately, if last year’s budget The budget and the Bush priorities I take great pride in working on. But and this year’s speech are any indica- were taking their toll. its work is not often considered news- tion, the President’s priorities are sim- As if these painful cuts weren’t worthy or particularly interested for ply not in line with those of the Amer- enough, the Bush team actually used the press and public. ican public. the budget to ensure more hardship for While this process may not always Almost exactly 1 year ago, the Presi- the least among us, while handing out draw front-page coverage, its impor- dent previewed his FY 2006 budget in more perks to the best-off. tance could not be greater. the State of the Union Address. He Through reconciliation, Republicans This one document is more than said: ‘‘saved’’ billions of dollars on the backs numbers and charts. From health care My budget substantially reduces or elimi- of the poor. Again, by the slimmest of to energy, security to the economy, nates more than 150 Government programs margins in each Chamber, they cut this one document is the vehicle that that are not getting results, or duplicate Medicaid, Agriculture, and retirement allows us to act on each and every pri- current efforts, or do not fulfill essential pri- security programs.

VerDate Sep 11 2014 14:48 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00006 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK1\BR07FE06.DAT BR07FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE February 7, 2006 CONGRESSIONAL RECORD—SENATE 993 Reconciliation is intended as a tool money right back out the door in the pose new transportation costs on for reducing the deficit. Unfortunately, form of billions of dollars in tax breaks American businesses, and cost tens of the Republican leadership has pushed for the wealthiest Americans. thousands of construction jobs. Invest- reconciliation bills that actually make My colleagues on the other side of ing in our Nation’s transportation in- the deficit worse and pass the burden of the aisle like to point out that they frastructure will help reduce conges- tax cuts for the wealthy and the cost of cut spending by $40 billion, but they tion, improve safety, and support con- the war on the backs of poor children, did so by cutting student aid, cutting tinued economic growth. I urge this the disabled, and our Nation’s seniors. health care for the poor, and cutting President to support these critical in- I will say again what I said when other programs that are critical to vestments and put action behind his they brought this immoral bill to our working families, and they did it all good rhetoric. committee: At a time when commu- while increasing the deficit. When I am home in my State of nities along our gulf coast are hurting, As our outgoing Federal Reserve Washington and here in DC, I hear a lot when we are facing the implementation Chairman Alan Greenspan once said: of concern from the business commu- of a confusing new prescription drug If you are going to lower taxes, you should nity, from local governments, and fam- law, when our roads and bridges and not be borrowing essentially the tax cut. ilies over the United States losing its railways are aging, when millions of That over the long run is not a stable fiscal global competitiveness. In fact, we Americans are concerned about how situation. heard a lot from President Bush the they are going to pay for heat in their I agree. Imposing painful cuts on other night on this very subject. But homes this winter, and when the men hard-working families to pay for more last year’s budget set us on a path that and women who have sacrificed to tax cuts and then passing the cost on weakened education programs at all serve us overseas cannot find health to our children is clearly wrong. We levels, and the new budget that was care or jobs when they return home, we can and we must do better. And let’s sent to us yesterday does the very should be focused on protecting our not forget higher deficits also mean a same thing. most vulnerable, not handing them fur- larger debt. It is no surprise that we Last year’s budget so constrained our ther burdens. soon will be asked to raise the bor- education programs that the Labor- There is one particular area that rowing authority yet again for the Fed- HHS appropriations bill failed once in warrants mentioning because we have eral Government to over $8 trillion. the House and almost did not pass at heard a lot about it in recent days, and That is going to mean less capital for all. In the end, programs faced one last that is health care. We heard the Presi- small businesses to expand and it hit again, a 1-percent-across-the-board dent talk about his health care prior- means higher interest rates for every cut that further hindered education at ities in his State of the Union Address working family. every level. In a time when our schools are facing last week. But every American knows Once again the budget and Bush pri- increasing requirements under the No that actions speak louder than words. orities will take their toll. Child Left Behind Act and families are One of the most serious challenges As I look at the challenges facing our facing rising college tuition costs, this facing all working families today is the country and as I listen to the people in is no time to be shortchanging edu- escalating cost of health care. Instead my home State of Washington, it is pretty clear that the top priority now cation. of addressing the increasing cost of Last year’s budget resulted in fund- must be making America strong again. health care and its impact on the unin- ing levels that represented the smallest And to do that, we need to invest here sured, last year’s failed budget strat- increase in education in a decade, and at home. That means taking care of egy only made this situation worse. this year the President is proposing the education, health care, infrastructure, In the reconciliation package the largest cut to education in 26 years. House approved, half of the cuts come housing, safety, and security, and on This year, $12.7 billion is proposed to from Medicare and Medicaid. We know each of these fronts, the Bush prior- be cut from student loans that help from a recent CBO report that an esti- ities have been time and again mis- low-income and middle-income fami- mated 65,000 enrollees in Medicaid will guided, adrift, and downright painful lies pay for college. Seventy percent of lose coverage under the Republican for millions of Americans. those cuts will be paid for by students budget reconciliation bill. I believe that in order to make Amer- and their families. Those cuts will not The reconciliation bill shifts greater ica strong, we need to make invest- go for balancing the budget either; costs to working families and could re- ments here at home in our people, in they are going to go for tax cuts for duce Washington State’s share of Med- our infrastructure, and in our commu- those who need them the least. icaid funding by $185 million. The nities. Everywhere I travel in Wash- Tuition and fees increased this year package requires higher copayments ington State, I hear from families who by 7.1 percent for 4-year public univer- and premiums for low-income children. are struggling to find a safe and afford- sities and 5.9 percent for private uni- It eliminates the focus on prevention able place to live. Whether it is a versities. Not only is cutting student benefits and early screening for chil- young couple looking for their first aid the wrong priority for our country dren. home or a family searching for rental today, but it will cost our Nation dear- Medicaid is an essential safety net housing close to their job or a senior ly in the long term. program for seniors, for the disabled, citizen who wants to find better access Today only one-third of the U.S. and for our children. Without Medicaid, to social services, it is harder than ever workforce has a postsecondary edu- there are very few options available for in this country to find affordable hous- cation, and it is estimated that 60 per- receiving care. Nationwide, in fact, 40 ing. cent of the new jobs in the 21st century percent of all births are paid for by Across the country, public housing will require college education. Workers Medicaid. Where will these people go agencies and nonprofit organizations who have attended college have higher for care? Who is going to pay? The rec- are working to help families find a incomes and lower rates of unemploy- onciliation bill cuts $35 billion from place they can call home. At the same ment than those who do not. And those services that make America stronger time, they are contributing to commu- with a college education are more like- and make our communities more se- nity revitalization efforts that will ly to have jobs with benefits, such as cure, all while burdening our children bring new jobs and opportunities. But a health care and retirement and pension with massive debt. lack of funding threatens those plans. Rather than being good stewards of achievements that have been made and We should be helping to break down taxpayers’ dollars and helping our Na- the work that is yet to be done. the barriers to a college education, not tion become stronger and more secure, It is also critical that we continue to building them up with this budget and rather than paying down the debt, invest in our Nation’s infrastructure. plan. Republicans are back to the same Recent cuts in transportation spending I want to talk about veterans funding game: They want to keep shoveling threaten to weaken airline safety, im- because with so many of our brave men

VerDate Sep 11 2014 14:48 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00007 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK1\BR07FE06.DAT BR07FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 994 CONGRESSIONAL RECORD—SENATE February 7, 2006 and women fighting for us overseas, I wounded soldiers, sailors, airmen, and that we are cutting too much. You can- believe our most fundamental priority marines. Our men and women in uni- not be so passionate about the deficit if has to be to take care of those who sac- form—past, present, and future—will you are not willing to do something rificed so much for all of us. time and again answer the call to duty, about it. It is not enough to complain. I have said time and again that ac- and at the very least they deserve a It is not enough just to be against. tions speak louder than words, but it budget that fulfills our commitment to What the President has done is say: was, nevertheless, very troubling to me them and to their families. OK, we are going to cut the deficit in when President Bush failed to even I look forward to debating the Presi- half by 2009. We are going to have to mention our veterans in the State of dent’s budget this week. I truly believe make some tough choices. We will have the Union Address. I hope he will not it is one of the most important actions to make some very tough choices. But forget them in the budget process. that we take every year because it sets the answer is not simply raising taxes. I am concerned that the President’s the tone for everything else we do. The answer is not more spending. We fiscal year 2007 budget that was just Tuesday night last week the Presi- are going to have to do the hard act of sent to us is not based on real numbers dent told Congress and all Americans governing. It is not enough just to and does not reflect the real demand that: complain. It is not enough to say what for VA services. I am convinced that In this decisive year, you and I will make you are against. What is your alter- without real budgets based on real choices that determine both the future and native? What are you for? numbers, the VA is going to face a the character of our country. The President has laid on the table a shortfall again this year and more vet- I couldn’t agree with him more. Our budget with the hope of continuing erans are going to be denied the care future and our character are at stake. progrowth policies, restraining spend- they have earned. A budget reflects our priorities and our ing, cutting the deficit and, perhaps The rising utilization rates, increas- values. Let’s make sure our budget for most importantly, dealing with the ing costs of medical care, and the in- the coming year reflects the best of long-term danger, the challenges we flux of veterans from Afghanistan and both, and let’s remember that the deci- face with close to 70 percent of our Iraq are going to require more VA sions we make now will tie our hands budget going to things that are man- funding. dated. So we have to look at Social Se- In addition, the new Medicare pre- months from now. curity and Medicaid, and we have to do scription drug program has added more Mr. President, I yield the floor and the right thing—do the right thing for demands on the VA. Many seniors who suggest the absence of a quorum. our seniors, do the right thing for those are veterans are now being told they The PRESIDING OFFICER (Mr. GRA- in need. We have to have the courage should go to the VA for their prescrip- HAM). The clerk will call the roll. to look at those things and act. You tion drugs. Surely, this influx of new The assistant legislative clerk pro- can’t just complain. You can’t keep VA patients will have a major impact ceeded to call the roll. complaining about the deficit and on the VA system and will inevitably Mr. COLEMAN. Mr. President, I ask every time there is an opportunity to delay access for veterans. unanimous consent the order for the Finally, much of the increased de- quorum call be rescinded. put a lid on spending you are against mand on the VA system is due to the The PRESIDING OFFICER. Without that. It doesn’t make sense. It doesn’t nationwide health care crisis. As vet- objection, it is so ordered. add up. erans lose their health care coverage f I wish to talk a little about where we are today and what has happened with from their own employers, they are PROGRESS OF THE ECONOMY coming by the thousands to the VA to what we have done in the past. We Mr. COLEMAN. Mr. President, I wish get care for the first time. The longer passed some tax relief. Mr. President, the health care crisis continues to to spend a little time today talking you and I together had the opportunity grow, the more the demands will be on about the economy. When I was mayor to be here during consideration of a the VA to take care of the veterans of St. Paul, people would say: Mayor, number of proposals which have actu- population. what are you doing for kids? My re- ally cut taxes. What has been the re- As my colleagues will remember, last sponse would be: The best thing I can sult? Let us look a little bit at the year I was told the VA didn’t need any do for kids is make sure mom and dad numbers. more funding. The administration told have a job. The best welfare program is The President’s tax relief has pro- me everything was fine and that they a job. The best housing program is a duced more than 4.7 million new jobs could handle the demands brought job. Access to health care most often since November 2003 when he signed about by the Iraq war. I tried time and comes through a job. So that was al- the legislation accelerating broad- again to increase funding for the VA to ways my goal—jobs, jobs, jobs. based income tax reductions and pro- maintain veterans’ access to the health I want to talk about the economy, vided capital gains and income tax re- care they were told they would get, and but I want to touch briefly on the lief. Today the unemployment rate is I was fought at every level. Then fi- budget. The President submitted his 4.7 percent, lower than the average of nally in June, Secretary Nicholson an- budget. There will be a lot of debate. It the last three decades, and the lowest nounced the VA was, indeed, facing a $1 is the beginning of a conversation. The in 4 years. billion shortfall in fiscal year 2005 and President submits a budget and then Home ownership has reached an all- that the VA miscalculated demands in we take a look at that budget and we time high. This economic growth would the VA by over $3 billion between fiscal weigh a number of options and ulti- not be possible without the President’s year 2005 and 2006. mately it concludes. It is the beginning tax relief. Recall when we had the tech In June, when I asked whether the of a conversation. bubble burst during the last adminis- administration had adequately planned One of the things I find somewhat tration—a bubble that should never for the impact of the war, I was told frustrating is that my colleagues on have been allowed to inflate so high. the VA underestimated the number of the other side of the aisle talk about We had corporate scandals that were Iraq war veterans by over 300 percent. the deficit. We are all concerned about nonpartisan but certainly were encour- I finally was able to work with my the deficit. We do not want to pass on aged by the get-rich-quick ethic of the colleagues to attach $1.5 billion in debt to our kids. We don’t want to put 1990s. We had the attack of September emergency funding for the VA on the obligations on them from what we do 11, and now we have the daily war on fiscal year 2006 Interior appropriations today. We need to be more responsible. terror. The President’s tax relief, bill and another $1.2 billion in the fis- So we hear concern about the deficit, which was fully implemented in 2003, cal year 2006 military construction bill about which we are all concerned. Then has been critical in helping the econ- to finally cover this shortfall. anytime the President says we have to omy recover from the recession and the Since the war in Iraq began, there keep a lid on spending, our friends on terrorist attacks of 2001. Things such have been 2,245 casualties and 16,548 the other side of the aisle complain as small business expensing, capital

VerDate Sep 11 2014 14:48 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00008 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK1\BR07FE06.DAT BR07FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE February 7, 2006 CONGRESSIONAL RECORD—SENATE 995 gains tax relief, bonus depreciation— ceipts are not way down but receipts economic future. But if one looks at all helped to get this economy back on are way up—by 45 percent, by the way, the data, it is clear that the economy its feet and helped the economy con- to be exact. Recall, one of the things remains solid. Productivity is strong, tinue expanding, despite the hurricanes Congress did was to reduce the tax on employment growth remains robust. and high prices of 2005. capital gains from 20 percent to 15 per- Both retail sales and the housing mar- So on September 11, 2001, we faced a cent. Opponents predicted, as ever, ket remain on a path of remarkable recession. We faced the end of the tech that this would reduce revenue. In growth. The American economy is bubble. We faced hurricanes and high other words, since we have lowered the highly flexible, and thanks to that we energy prices. With the tax relief pro- percentage of taxes we are getting on have been able to absorb natural disas- visions fully implemented in 2003, tax capital gains from 20 to 15 percent, the ters and high energy costs that would receipts also responded accordingly. In opponents say you will not bring in as have easily thrown the economies of fact, receipts jumped by a remarkable much money; you lower the tax we are other nations into economic recession. $274 billion or 14.5 percent, the largest taking. To ensure the economy’s continued increase in the last 24 years. It is not even close. The 25-percent momentum, we must make the Presi- These recent gains in receipts con- reduction actually triggered a doubling dent’s tax relief permanent or else firm that a strong economy is the most of capital gains revenues to over a half small businesses, teachers, college stu- important factor in reducing the def- billion dollars in 2005 to $269 billion in dents, and hard-working moms and icit. You want to reduce the deficit? 2002. In addition, a new report from the dads will see their taxes go up. Grow the economy. Keep a lid on American Shareholders Association Yet tax policy is not the only key to spending and grow the economy but finds that actual capital gains revenues economic growth. As I said before, we don’t advocate more spending and were $62 billion higher than what was face challenges. I know my neighbors higher taxes. That is not a way in predicted over the 3-year period—$62 and folks in my community in Min- which you grow an economy. If you billion higher. While this may seem nesota are worried about what is hap- compare the economy with the same counterintuitive to some, it makes per- pening in India and China. They are point in previous business cycles, in fect sense to me and confirms that cap- worried about the prospect of losing many respects the current expansion is ital gains tax relief increased economic their jobs. Certainly, Mr. President, even stronger than the growth of the activity, leading to more revenue for you are very sensitive to what is hap- early and mid-1990s. We look back to the Treasury. pening to the global economy and the the mid-1990s, the Clinton years, as the When I was mayor of St. Paul I didn’t impact it has on the good people of halcyon days of the economy. Boy, raise taxes in 8 years, and we grew the South Carolina. things were great 10 years ago. Let me economy and grew jobs because it was We have to understand that we are run some comparisons. a better place to do business and more not going to win the low-wage jobs. For example, in April 1995 the unem- moms and dads were working and put- There is a recent study by the Na- ployment rate was 5.8 percent. Today it ting money in their pockets and food tional Science Foundation entitled is 4.7 percent. The African-American on the table and taking care of their ‘‘Rising Above the Gathering Storm.’’ unemployment rate was 10.7 percent. families. The President did not mention it di- What we have here is Punxsutawney Today it is 8.9 percent. This is a key rectly in his State of the Union, but he Phil coming again. My friends on the figure: Productivity growth in 2005, the is recognizing that we produced 70,000 other side of the aisle again argue that key to raising our standard of living, is only the rich benefit from this relief. engineers last year. China produced at 3.1 percent compared to 0.3 percent This ignores the fact that capital gains 600,000; India produced 350,000. in 1995—10 times today the produc- For the cost of one engineer or one and dividend relief has played an essen- tivity increase than it was in the hal- tial role in creating over 4 million new chemist in the United States, a com- cyon days, the glory days of the nine- jobs over the past couple of years, in 32 pany can hire five chemists in China or ties. Economic growth averaged 3.5 per- straight months of positive economic 11 engineers in India. cent in 2005, while in 1995 it was 2.5 per- growth. Taxes on dividends and capital Of 120 chemical plants being built cent. If that picture had been drawn for gains are impediments to capital for- around the world with price tags of $1 us 5 years ago, how many would have mation. If you tax too much, you im- billion or more, one is in the United predicted the economy would be in as pede capital formation. You have less States and 50 are in China. good shape as it is today? money going into the economy to grow I could go on and on and on. We face The reason is sound monetary policy jobs. They impede entrepreneurial ac- some challenges out there. and tax relief that were well timed and tivity, the wellspring of economic We rank 17th in the proportion of col- sized to stimulate the economy when it growth and wealth creation. Americans lege-age kids earning science and engi- needed it the most. Unfortunately, in a across all levels of household income neering degrees, down from third place scene reminiscent of the movie have benefited from these lower rates. a couple of decades ago. ‘‘Groundhog Day,’’ many on the other Nearly 60 percent of those paying We are making progress. The Presi- side are arguing that we should let this capital gains earn less than $50,000 a dent is setting the pace. We have bipar- tax relief expire. In other words, we year, and 85 percent of all capital gains tisan legislation that follows up on should raise taxes. If you let tax relief taxpayers earn less than $100,000 a that. expire, you are saying we should raise year, according to the Joint Economic There are a number of things we need taxes. This is the wrong prescription Committee. to do. In addition to that, we need to for the American people and for the fis- I know many express concerns re- reduce our dependence on foreign oil. cal purse. We are not an undertaxed so- garding the budget deficit. There is no We need to reform our legal system, in- ciety. By rejecting tax increases on doubt that Congress needs to do all it cluding completing our work on the as- family and small businesses, we will can to responsibly control the rate at bestos bill that is before the Senate. help keep the economy on a continuing which we spend on mandatory pro- We need to continue to work toward course of job creation and strengthen grams—on which we spend on pro- opening foreign markets to American the foundation for long-term economic grams. But some advocate that raising goods and services. What we do not growth. taxes is the key to opening the door to need to do is to apply the brakes on the For example, a closer look shows fiscal discipline. I am afraid instead of economy by raising taxes on hard- that the capital gains and dividends opening the door to prosperity, higher working moms and dads, small busi- tax relief packages actually paid for taxes will shut the door on innovation, nesses, college students, and teachers themselves. The latest statistics on entrepreneurship, and greater eco- across the country. That is not the pre- capital gains tax collections were re- nomic growth. scription for continued economic cently released by the nonpartisan I recognize the uneasiness and uncer- growth. I have said this many times, Congressional Budget Office, and re- tainty in America today regarding our but the fact is by cutting taxes you

VerDate Sep 11 2014 14:48 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00009 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK1\BR07FE06.DAT BR07FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 996 CONGRESSIONAL RECORD—SENATE February 7, 2006 grow jobs. We have been through a re- In the perverse rules, plaintiffs’ law- costs of failure would be catastrophic. cession, national emergency, corporate yers have a de facto veto over con- And yet the model for this fund is one scandals, and a war. Yet because the firming the bankruptcy trust and can that has failed every time that it has President has stepped forward with an thus dictate its terms. been tried. The miserable performance economic plan based on the common- The results are predictable: even for of the bankruptcy trusts should, at the sense belief that we should put money asbestos bankruptcy trusts amounting very least, make us very cautious in back into the pockets of ordinary to billions of dollars, the plaintiffs’ proceeding down the same no-fault Americans, the economy is going lawyers take 40 percent off the top. trust-fund path. While I recognize that strong. By providing businesses with These recoveries inevitably com- this Fund is not exactly like the bank- incentives such as bonus depreciation pensate lawyers in an amount several ruptcy trusts—that it is designed bet- and expensing, they will be able to re- orders of magnitude greater than any- ter in some ways—in other ways the invest in their operation, purchase thing resembling a reasonable hourly compensation criteria employed by more goods, and hire more employees. rate. And all for bringing claims that this Fund are a change for the worse. That translates into jobs, economic no honest doctor would ever describe as Another example that ought to give growth, and opportunity for all Ameri- legitimate cases of asbestos injury. It us some pause is the black lung fund, cans. is easy to see where a well-crafted which is designed to compensate min- Given the good news on the economy, trust fund could improve on this sys- ers with CWP, a coal-mining-induced even the most persistent critic must tem—how it could cut our the trial lung disease. That fund is now $8.7 bil- concede that the President’s economic lawyer middle man and preserve recov- lion in debt. It is now finally bringing program boosted the economy’s per- eries for actual victims of asbestos dis- in enough revenue to pay current formance and played a crucial role in ease. claimants, but it is unable to service helping the economy to rebound from Nevertheless, when I voted for this its debt. Each year’s interest is simply the recession that began during the bill in the committee, I expressed res- added to the total debt. This is no way final months of the Clinton Presidency. ervations about the final product. One to run a trust fund. I yield the floor. concern about this bill looms above all It is telling to read the story of the The PRESIDING OFFICER. The Sen- others, and it directly threatens all black lung fund and hear why it has be- ator from Arizona is recognized. three of the above-stated criteria for come so overburdened. The narrative f evaluating the bill: solvency. I remain should sound familiar to anyone who deeply concerned that this fund will ASBESTOS has closely followed the committee run out of money and prove unable to Mr. KYL. Mr. President, when the proceedings for the asbestos fund. pay all qualifying claimants. Allow me There is a June 12, 2002 report from the Judiciary committee reported an as- to explain why I am concerned about bestos-trust fund bill in 2003, I proposed Congressional Research Service. I the fund’s finances. wanted to quote from part of it, but three criteria for evaluating such a Here are a couple of reasons why. the bottom line is that the crafters of bill: the trust fund must be fair to peo- First, look to the bankruptcy trust the black lung fund ignored medical ple with asbestos injuries; its cost funds previously existing and that have science when they set up the fund’s must be reasonable; and it must pro- existed in the past. What has our expe- compensation criteria. As is predict- vide a permanent solution to the asbes- rience been? Not very good. tos-litigation crisis. Last year, I voted In written questions to Dr. Francine able for Congress, criteria were devel- to report this bill out of committee be- Rabinovitz, who has been retained by oped in the spirit of political com- cause I believe that the bill does meet trust fund bankers to estimate future promise rather than under the guid- or has the potential to meet each of claims under the fund, I asked her ance of hard science. The results have these criteria. I also voted for the bill about the experience under the asbes- been very unfavorable. in no small part out of appreciation for tos bankruptcy funds. Those funds are The report basically said: the chairman’s extensive efforts to ad- about the closest analog to what we Virtually all of the expectations for the dress my concerns about the bill. I par- are doing here—no-fault funds that Black Lung Benefits Act when it was en- acted in 1969, e.g., the numbers of claims sub- ticularly appreciate his assistance in compensate all claimants who meet mitted or approved, were contradicted by adding to the bill a gatekeeper mecha- particular exposure and medical cri- subsequent experience. Corrective legislation nism for certifying exigent claims teria. Indeed, the criteria for this fund was adopted in 1972, 1977, and 1981, including seeking an early settlement. Any start- explicitly are borrowed from the latest the establishment of trust fund financing in up provision that threatens to pre- version of the Johns Manville bank- 1977, but results have continued to be at maturely return the trust fund to court ruptcy fund, which is part of her study. variance with expectations. As a con- is bad for victims, bad for participant I appreciate her candor. Here is what sequence, the trust fund has perennially been businesses, and bad for the U.S. Gov- she had to say: in a position of growing deficit. ernment. Once this fund is started, it To my knowledge, none of the bankruptcy In other words, even at a time when need to work—we cannot shift victims trusts created prior to 2002 have been able to the black lung fund’s liberal compensa- back and forth between the tort system pay over the life anywhere close to 50 per- tion criteria were generating a surplus and the fund, especially those victims cent of the liquidated value of qualifying of claims, political pressures neverthe- with malignant conditions, who likely claims. Of the current generation of bank- less pushed Congress to further liber- do not have long to live. ruptcy trusts, the expected payout of those alize those criteria and further bank- trusts, to my knowledge, ranges from a low The need for this bill is obvious. Cur- of 5 percent (Manville) to a high of 31.7 per- rupt the fund. rent asbestos litigation practices have cent (Western McArthur). The only current In the asbestos arena, I fear that we been accurately described by Professor operating Trust to pay 100 percent of its already have repeated the first part of Lester Brickman as a ‘‘massively scheduled values in the Mid-Valley Trust. the black lung fund story. Our concern fraudulent enterprise fit to take its These percentages are sensitive, of course, to is that as we continue down this path, place among the pantheon of American the eligibility criteria the trusts apply. we risk repeating the rest of the story scandals.’’ Typically, trial lawyers con- Under its original eligibility criteria, Man- as well. solidate thousands of claims and file ville was forced to drop its initial 100 percent But this fund is different from black payout first to 10 percent and then 5 percent lung in one key respect: it is much, them against a series of defendants. of liquidated value. There will be a reevalua- These claims are generated by mass- tion of Manville’s ability to pay a higher per- much more expensive. This fund has screening recruitment companies that centage in the near future by virtue of the the potential to burn through scores of ignore all scientific standards for iden- impact of its recently imposed more strin- billions of dollars, rack up $30 billion in tifying asbestos disease and employ gent eligibility criteria. debt, and throw us back into the tort corrupt physicians who will say that These figures should disturb us all. system—all within one decade. Such a anyone has asbestosis if the fee is We are legislating a $140 billion result truly would make the black lung right. trust—one that must work, because the fiasco seem insignificant. It would be

VerDate Sep 11 2014 14:48 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00010 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK1\BR07FE06.DAT BR07FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE February 7, 2006 CONGRESSIONAL RECORD—SENATE 997 an utter disaster. We cannot let it hap- cause it is paying non-meritorious A final problem is the problem of pen. claims. Once the fund is started, it medical criteria which I alluded to ear- I wish that the Judiciary Committee must work. Going back to court is not lier. Although improved over the 2003 had learned more from the black lung a realistic option. As the bill now committee bill, especially with regard experience—that we could at least rec- stands, the fund would borrow $30 bil- to removal of level VII smokers, the ognize that a no-fault trust fund must lion prior to any sunset. Once compa- fund still pays people with very com- be run as a tight ship, with rigorous nies are back in court defending mon diseases that were not caused by compensation criteria and no leakage against asbestos claims, they would exposure to asbestos. Credible medical of claims. Unfortunately, that does not also be paying down this debt. This experts had expressed the view to the describe the bill that has been pro- would require full trust fund assess- committee that these problems will duced by the Judiciary Committee. ments for at least a decade. These pay- bankrupt the fund. These flaws in the In his recent testimony before this ments, combined with renewed litiga- bill would be less severe if the fund committee, Dr. James Crapo described tion and no, or heavily eroded, insur- contains some self-correction mecha- how we are repeating the same mistake ance policies, would be unaffordable for nism that allowed tightening the mil- made in the black lung fund: we are many companies. The effects of such a lion-dollar criteria in the event of in- compensating diseases that are not sunset likely would be so devastating solvency caused by nonmeritorious caused by occupational exposure to as- that companies would demand that the claims, but it currently contains no bestos. Dr. Crapo criticized the fund’s Federal Government begin directly such mechanism. compensation of persons with pleural subsidizing the fund. This is a prospect In summary, the bottom line is this reactions, which are not regarded as a that we should do all that we can to is a bill which remains very much a disease and are not even a predictor of avoid. The fund should have a self-cor- work in progress. I am committed to future disease. He also criticized the rection mechanism that makes sure addressing its problems as the bill ad- fund’s claim level for persons with that a sunset will never happen. vances through the Congress. I want to colorectal, stomach, and other cancers, Another problem is allocation. This see it advance through the Congress. noting that it would ‘‘result in large is an emerging problem, the scope of The bill is so important to so many compensation to large numbers of indi- which we are only gradually becoming people: the asbestos victims seeking viduals who develop a cancer for which aware of, and, frankly, one to which I compensation—at least it might help there is no established causal relation- will devote my primary attention. The take care of their families, the busi- ship to asbestos exposure.’’ bill requires companies to pay into the nesses with only marginal connections And just as was the case with black fund based on their past asbestos ex- to asbestos that nevertheless face lung, despite the asbestos fund’s use of penditures, judgments, settlements, bankruptcy through litigation, and criteria that are far more liberal than and litigation costs, even if those pay- workers and pensioners who see their what can be justified by medical ments in the past were all absorbed by jobs and retirement accounts destroyed science, we already are hearing argu- insurance. Companies’ insurance will by the litigation juggernaut. This bill ments that the fund should go further, not cover their trust fund payments; is important. I look forward to working that its compensation criteria should insurers pay into the fund separately. on the legislation with the chairman of be even more liberal. For example, the The fact that the bill effectively invali- the committee, the ranking member, medical literature strongly dem- dates the company’s insurance con- and others who are supporting it. I will onstrates that the only marker for as- tracts creates colorable takings claims support the cloture motion and motion bestos-related lung cancer is clinically against the fund. It also creates some to proceed to the consideration of the significant asbestosis. The cohort stud- serious inequities. Companies that bill. The PRESIDING OFFICER. The Sen- ies overwhelmingly show that unless a found their asbestos liabilities to be ator from Kentucky. person has at least some asbestosis, as- manageable will find themselves facing bestos exposure played no role in his unaffordable fund assessments. I am f lung cancer. But in this bill, we go fur- going to insist we have language in REMEMBERING CORETTA SCOTT ther than compensating lung cancer in this bill that will address these inequi- KING the presence of asbestosis. We also ties. Mr. MCCONNELL. Mr. President, compensate lung cancer with pleural Another problem is startup. Much with the passing of Coretta Scott King, plaques. Pleural plaques are evidence progress was made during the last days we have lost the First Lady of Amer- of asbestos exposure but are not a valid of markup toward fixing the so-called ica’s civil rights movement. She and marker for asbestos-related lung can- startup provisions. Nevertheless, the her husband, the Rev. Dr. Martin Lu- cer. fund still ultimately allows claims to ther King Jr., helped awaken the Na- And yet, even this has not satisfied return to court if there are delays in tion to a dream of an America where some fund critics. This committee was startup, with no limits on award and each person, to use Dr. King’s beau- even forced to vote several times on an no offsets in future fund payments for tifully profound formulation, is judged amendment that would have obligated participants. Other, much simpler by the content of his character, not the the fund to pay compensation for lung trust funds, such as those for radiation color of his skin. Ms. King continued to cancer when the claimant did not even workers, have taken 18 months to start sustain the dream after her husband’s have pleural plaques. The committee functioning. We cannot dismiss the death. We can take comfort in the hope did defeat that amendment by a vote of possibility that this fund will require that, 38 years after his tragic death, more than 2 to 1, showing some respect more than 2 years to begin paying all this couple has been reunited at last. for medical science. Nevertheless, the claims. Without an offset in limits, Because of Coretta Scott King, Dr. amendment is a harbinger of the polit- such a startup reversion would be dis- King’s legacy is still alive. Her tireless ical pressures that this Fund ulti- astrous for many companies. efforts led to the establishment of Mar- mately will face over its life. Another issue relates to pending tin Luther King Day on the third Mon- Several other aspects of this bill also claims. The fund allows claims that al- day of January every year beginning in cause me concern. Let me summarize ready have advanced to trial to remain 1986 to mark Dr. King birthday. some of those. in the tort system with no offsets and Because of Ms. King, Americans ev- For example, the sunset: The bill no limits on damages. Already, some erywhere can explore Dr. King life and still contains a provision that would trial lawyers have begun seeking accel- vision through the King Center in At- prematurely terminate the fund and re- eration of their trial dates in order to lanta. Established in 1968, the King turn all claims to State and Federal take advantage of this provision. For Center attracts over 650,000 visitors an- court, with no mechanism for fixing the same reasons as applied to the nually. problems even if the reason that the startup provisions, such continued liti- Born in poverty in Heiberger, AL, in fund is running out of money is be- gation could be very damaging. 1927, Coretta Scott grew up in the

VerDate Sep 11 2014 14:48 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00011 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK1\BR07FE06.DAT BR07FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 998 CONGRESSIONAL RECORD—SENATE February 7, 2006 midst of segregation, walking to a one- I don’t know how long I’ll live, and I’m not Coretta Scott King will be remem- room schoolhouse every day as a school concerned about that—but I hope I can live bered throughout American history for bus full of white children passed her so well that the preacher can get up and say, her grace, strength, and belief that all ‘‘He was faithful.’’ That’s all, that’s enough. by. But these harsh surroundings did That’s the sermon I’d like to hear: ‘‘Well people should be treated with dignity not extinguish her spirit. done my good and faithful servant.’’ and equality. We must honor her leg- As a girl, she enjoyed singing and had Ms. MIKULSKI. Mr. President, I rise acy not just with words but with ac- the talent to attend Boston’s New Eng- to salute the life and legacy of Coretta tions. We must recommit ourselves to land Conservatory of Music to train as Scott King. She earned a place not just the principles she stood for—oppor- a classical singer. She would later lend in our history but in our hearts. She tunity, equality, and empowerment. her gift to the civil rights cause, sing- was a true trailblazer for women, for Mr. ALEXANDER. Mr. President, I ing at over 30 Freedom Concerts to the African-American community. She rise today to speak about the life and raise money for the movement. was an inspiration for all Americans. I contributions of an American civil It was while in Boston, in February, feel privileged to have known Mrs. rights icon, Mrs. Coretta Scott King. 1952, that Coretta first met a 23-year- King throughout much of my political old Martin Luther King, who was pur- career. Her family is in my thoughts Many people know Mrs. King as the suing his doctorate in theology at Bos- and prayers. wife of one of America’s greatest citi- ton University. As a lonely southerner Mrs. King’s courage and faith were zens, Dr. Martin Luther King, Jr. Dr. in a northern town, he asked a mutual remarkable. She insisted that she had King’s enduring legacy of nonviolence friend if she knew any nice young la- her own voice in the civil rights move- and his quest for racial equality perma- dies he could meet. She mentioned the ment at a time when women were often nently altered the social fabric of name Coretta Scott, and described her not recognized for their own talents America. Mrs. King will always be re- as ‘‘pretty and intelligent.’’ and merit. Not only was she resolute, membered as a part of Dr. King’s life The young King persuaded the friend but she was feisty—someone after my and legacy that are rightfully cele- to give him Ms. Scott’s number and own heart. brated across our great land and asked if she’d put in a good word for Mrs. King’s life story was remark- throughout the world. However, Dr. him. Soon, he called for a date. Dis- able—even before she met Dr. King. King’s towering accomplishments playing a bit of verbal flair, he said, She was born into rural poverty in Ala- should not obscure the fact that Mrs. ‘‘You know, every Napoleon has his bama and grew up in a two-room house King held her own historic place in our Waterloo. I’m like Napoleon at Water- that her father built. She came from a Nation’s struggle for equal oppor- loo before your charms.’’ hard-working family. Her father hauled tunity. ‘‘Why, that’s absurd. You haven’t timber, owned a country store, and I am reminded of the time some 20 seen me yet,’’ Coretta replied. worked as a barber. Her mother drove a years ago when Mrs. King came to see Undeterred, he finally convinced her schoolbus. Growing up in the seg- me when I was Governor of Tennessee. to let me take her out for lunch be- regated South, Coretta Scott King saw tween classes. ‘‘I have a green Chevy the injustices of racial discrimination. We were working to establish a holiday that usually takes 10 minutes to make Yet she saw the value in working hard in honor of her late husband. It was the trip from Boston University,’’ he and fighting for her dreams. She at- harder work than it should have been, told her. ‘‘But tomorrow, I’ll do it in tended college and the New England and I am reminded of how far we have 7.’’ Conservatory, where she trained as a come even since that time. That was 1952. They were married in classical musician. Mrs. King was the founding president 1953. It was while studying music in Bos- of the Martin Luther King, Jr. Center ton that she met Martin Luther King, Ms. King once said, ‘‘I was married to for Nonviolent Social Change which Jr. From the beginning of their mar- the man whom I loved, but I was also continued to promote the noble phi- riage, Coretta Scott King maintained married to the movement.’’ Her entire losophies of Dr. King. In addition to her own identity and voice. She was life was intertwined with the fight to Dr. King’s true partner marching by promoting the memory of her husband stamp out the injustices of racism and his side and speaking out on her own. and his great work, Mrs. King created inequality. At the same time, she was a mother, her own legacy as she traveled After her husband’s life was trag- raising four children. The entire family throughout America and across the ically cut short, Ms. King persevered, lived with threats and intimidation. globe to champion racial equality, raising four young children on her own. We all remember those tragic days women’s rights, religious freedom, It must have been a lonely struggle after the assassination of Martin Lu- health care, and education. . . . but her dignity and grace inspired ther King. She comforted a nation that We all know that Mrs. King was born a nation. was torn apart. She is the reason we in a time when America was very dif- A few days ago, Ms. King became the have a national holiday that honors first African-American to lie in honor ferent than it is today. Little Black Dr. King. boys and girls could not go to school in the Georgia State Capitol rotunda. She fought for equality before the Today she will be laid to rest alongside with little White boys and girls. Plessy law, for economic justice, and for lift- v. Ferguson had not yet been over- her husband, at the King Center in At- ing people out of poverty. Her vision lanta, and for all time they will be re- ruled, so ‘‘separate but equal’’ was the was put to action when she founded the law of the land. Lynchings were com- united. King Center for Nonviolent Social Martin Luther King once said of his mon and in many places the Ku Klux Change and saw to it that the center Klan terrorized Black communities, wife, ‘‘I think on many points, she edu- became deeply involved with the issues cated me.’’ Now, at the end of her cele- often operating with near impunity. As that she believed breed violence—hun- we look back on the amazing progress brated life, many of us feel the same ger, unemployment, voting right, and we have made since then, we remember way. Dr. and Mrs. King helped educate racism. those who were responsible for helping America by forcing it to look itself in Coretta Scott King took her message the mirror, face up to its failings, and of nonviolence to every corner of this America turn away from the sins of in- recommit itself to its founding ideals. country and to almost every corner of justice and inequality. So today, Coretta Scott King will be the world. She led missions to Africa, As a wife, a mother, and a leader of laid to rest in her beloved Georgia, Latin America, Europe, and Asia. She the civil rights movement, Mrs. King next to the husband she lost 38 years was the first woman to give a class-day showed strength and dignity. With ago. As the whole Nation reflects today address at Harvard and the first woman quiet determination, she preserved her on her incalculable contributions to to preach at the statutory service at husband’s legacy and created her own human progress, I am reminded of Dr. St. Paul’s Cathedral in London, Eng- place in the history of our Nation’s King’s own simple wish: land. struggle for equal opportunity.

VerDate Sep 11 2014 14:48 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00012 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK1\BR07FE06.DAT BR07FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE February 7, 2006 CONGRESSIONAL RECORD—SENATE 999 CONCLUSION OF MORNING have been opposed to the bill because it Government because the funds go BUSINESS has a major impact on their financial through the Department of Labor, but The PRESIDING OFFICER. Morning status—and I understand that—we in- they are only a conduit. There is no business is closed. cluded the trial lawyers in every step Federal money. So if you want to use of the proceeding, trying to accommo- 60 votes to defeat the bill, the point of f date as many interests as we could. order may be available, as I say, or FAIRNESS IN ASBESTOS INJURY Even though someone was going to be may not be. But substantively there is RESOLUTION ACT OF 2005—MO- opposed to the bill, we wanted to con- nothing to the point of order because TION TO PROCEED sider what they had to say. We wanted this bill does not have any impact on The PRESIDING OFFICER. Under to produce a bill which was as good as the Federal budget because there is no the previous order, the Senate will re- we could possibly produce. Federal money. The Department of sume consideration of the motion to Following those initial meetings in Labor is just, plain and simple, a con- proceed to S. 852, which the clerk will August of 2003 in Judge Becker’s cham- duit. report. bers, there have been meetings in my Similarly, if you want to defeat the The assistant legislative clerk read conference room—totaling 36—attended bill on an obstructionist tactic, which as follows: by varying groups, from 20 to as many is what is being undertaken now on a filibuster on the motion to proceed, the Motion to proceed to S. 852, a bill to create as 60, pouring out into the boundaries a fair and efficient system to resolve claims of the office from the conference room. 60 votes can be used. Senator REID was of victims for bodily injury caused by asbes- What we have done has been to seek to on the floor yesterday, and we had a tos exposure, and for other purposes. accommodate every issue which has disagreement. You might call it a dis- Mr. SPECTER. Mr. President, in ad- come up. We are still talking to Sen- agreement. But the one thing that he did talk about involved the problems of dressing the motion to proceed where ators and still talking to companies people suffering from mesothelioma we are scheduled to have a vote at 6 and interested parties to find answers and other asbestos problems. So there o’clock this evening, the question is to their problems. whether the problem of asbestos, caus- One of the major issues has been the is no doubt that the leader of the oppo- ing thousands of people to have deadly impact on small companies. That has sition, obstructionist No. 1, the Sen- ator from Nevada, concedes the prob- diseases and forcing many companies been addressed by a number of Sen- lem, concedes that we have a major into bankruptcy and resulting in a sit- ators. Senator KYL has taken the lead, problem. Now, that ought to be suffi- uation where people with the deadly and a proposal has been worked out to cient to proceed to see if we can solve diseases have no one to claim against, cap the contribution by smaller compa- the problem. Occasionally around here the issue is whether we have a problem nies which have gross revenues below a we ought to deal with a pending mat- which is worthy of the attention of the certain figure. In addition, there is a ter, whether it is a point of order or a Senate. That is an easy question to an- fund of some $300 million annually for motion to proceed, on the merits. What swer; it is yes. That has been authenti- the administrator to take care of hard- is involved in a motion to proceed is a cated by the Supreme Court of the ship cases so that no one, for example, decision by the Senate that we ought United States on several occasions should be driven into bankruptcy by to consider legislation on this issue. If where the Court has said the matter what they have to pay. We have taken somebody has amendments, we are should be addressed by the Congress. that into account. open. We have accepted more than 70 That came up in a context where there The figure of $140 billion was worked amendments in the committee. If were class action suits attempting to out by Senator FRIST and Senator somebody has a problem with constitu- find the modality for dealing with the Daschle about a year and a half ago. It ents, I invite them to come to see me, issue, and the Federal courts—ulti- is a figure that grows from that origi- my staff, or Senator LEAHY. mately, the Supreme Court—said class nally put into the trust fund to that We have bipartisan support for this actions were not appropriate and it was figure where CBO has given us the as- bill. Senator LEAHY, Senator KOHL, and a matter for the Congress of the United surance that the range of cost will be Senator FEINSTEIN voted the bill out of States. somewhere between $120 billion and committee. We have other support This problem has been intractable. It $135 billion. Under one contingency, it among Democrats. And I am talking to has been studied. There have been pro- could go to $150 billion, but that is un- Senators on an individual basis and posals for more than three decades. I likely. have visited with many of them in first saw this issue soon after I came to We have within the structure of the their offices and am available to do the Senate after the 1980 election when bill a provision that the administrator more. Senator Gary Hart came to see me as a can make a reevaluation, going But the issue on a motion to proceed junior member of the Judiciary Com- through certain preconditions, so that is whether you have problem, which we mittee on behalf of his constituent, if it looks as if we are going to exceed certainly do, and whether legislation Johns Manville. We have wrestled with $140 billion, we can make modifications ought to be considered. And if some- this problem for decades. in the medical standards and criteria body has amendments, if somebody has Finally, on an idea conceived by Sen- to stay within the $140 billion. a constituent who thinks the con- ator HATCH to have a trust fund, the One factor is emphatically plain, and stituent company is being asked to pay bill was reported out of the Judiciary that is that there is no obligation by more than a fair share which is jeop- Committee in July of 2003. But the bill the Federal Government to spend a ardizing the company, come to us. We had many problems. I then solicited dime. There were three amendments have been considering individual cases, the assistance of Federal Judge Edward directed during the committee process and we have been solving them in Becker, a senior judge who had been to make sure of that. many instances. We are open for busi- the Chief Judge of the Court of Appeals There are possible technical points of ness. for the Third Circuit, and in August of order which may be raised, and we are The distinguished Senator from Mon- 2003, Judge Becker convened a meeting in the process of trying to restructure tana is going to address a problem in in his chambers in Philadelphia at- the bill to eliminate them. At this Libby, MT, where they have had envi- tended by stakeholders. That is the point, I am not sure whether we can, ronmental problems. Asbestos was used name we gave to the various groups but we are trying to do that, and we in a reckless, disgraceful, criminal which had key interests in the asbestos may be successful. manner by W.R. Grace & Company, and bill. One stakeholder was the AFL–CIO, But if a point of order is raised on we are working to accommodate Libby, representing labor; another stake- the merits, it ought to be examined by MT. There may be more that we can do holder was the manufacturers; another, Senators because there is no impact on for that issue. There are other so-called the insurers; another, the trial law- the Federal budget. Technically, the hot spots around the country, and we yers. Even though the trial lawyers expenditures are made by the Federal are taking them up.

VerDate Sep 11 2014 14:48 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00013 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK1\BR07FE06.DAT BR07FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 1000 CONGRESSIONAL RECORD—SENATE February 7, 2006 There have been issues raised about attention. When you go to Libby, MT, square acres, not the contamination of our medical criteria. We have studies it is a little town in northwest Mon- an entire town. And unlike the case in by the Institute of Medicine. If you tana on the Kootenai River, and the Globe, AZ, the asbestos in Libby, MT, have a problem, we want to solve it. We W.R. Grace Company had a mine up can’t simply be covered in a filter fab- want this bill to go forward. there. And if you are not torn on this ric and soil and rock, fenced to keep But on the narrow issue we are vot- issue, both sides of it, the statement of everyone out. Unfortunately we can’t ing on at 6 o’clock this evening, any Eva Thomson from up there I will just control the exposure in that way. And Senator who votes not to proceed is read her statement. That is why I am the people in Montana—in Libby— saying to his constituents, is saying to giving my statement with regard to don’t want that. people suffering from mesothelioma, Libby, because it is an isolated case. So I challenge anyone—anyone—from people suffering from asbestos expo- Eva Thomson said: any State to identify a town anywhere sure—anybody who votes no on the mo- I have two sons, both them and I have as- else in the country that has these kind tion to proceed is saying there is no bestos-related disease. But they are not eli- of situations. I just want to show you problem. Well, I think that is a pretty gible by the standards in the existing bill as right behind me is the vermiculite tough vote to explain, a pretty tough it is today. If the bill cannot be done right to mine that was opened in 1924. By the vote to explain that there is no prob- protect us victims, please don’t pass it at all. 1950, cases of previously diagnosed as lem, and it ought not to be considered We place 225 crosses in the cemetery this Me- tuberculosis were instead cases of as- morial Day in remembrance of asbestos vic- by the Senate. tims. There are more than 20 new crosses bestos exposure. The town of Libby is Yesterday, in the discussions—you this year. We need help, real help, and she located in a valley where the W.R. might call them that—with Senator thanks me. Grace processed ore from the contami- REID, I said this was certainly the most Yet I have another one from Char- nated mine, more than a half million complex bill I have seen in the time I lotte Wade, who says: pounds of asbestos a day was processed. have been in the Senate. And I think it The Libby case is not an isolated Please don’t forget us. I watched my Dad case to the exposure within the con- is fair and accurate to say it is the Jack die in 2002 and my mother Margaret die most complex piece of legislation ever and suffocate from asbestos in 2004. I’m next. fines of a factory. Instead, asbestos was considered by a legislative body. I I’ve been on oxygen since the year 2000. My everywhere. Community exposure was know that is a pretty grandiose state- three grown children, no doubt, will follow. rampant. Contaminated properties in- ment, and I do not know all the legisla- Jim Davidson, long time resident of cluding everything from the Libby tion considered by legislative bodies, Libby, MT. He has been diagnosed with community boat dock to the high but I think it is accurate. mesothelioma: school—the high school track. I want I challenge anybody to bring to my to put up this next picture. This is im- Because of the short time I have left, I’m attention, to the attention of the Sen- vitally interested in seeing that a com- portant. This is more than just a fam- ate, any legislative proposal which has promise is reached to allow passage of some ily hugging a mine worker after com- ever been undertaken and analyzed type of relief to me and all others affected by ing home and complaining of exposure. that is more complicated than this one, asbestos and worse. As you know, there’s no This is about asbestos exposure so sig- that has received more attention than other avenue left to those of us in Libby, nificant that asbestos fibers fell like we had in 36 meetings in my conference Montana, because of the bankruptcy of W.R. snow from the sky. room, in dozens—dozens—literally hun- Grace. So I urge to you work for some type This is not very far from the mine. It dreds of meetings involving Judge of help for us. is not very far from their loading and Becker and myself and Senators. Those are just three of hundreds in processing areas. This is the baseball Enormous work has been done by Libby, MT, that makes it a special field in Libby, MT. Children played on Senator LEAHY. I owe him a debt of place and harbors a special place in piles of vermiculite and all around gratitude for his cooperation and his this piece of legislation. So I rise today town finding humor in taking a match leadership. Senator FEINSTEIN has had to ask the Members of the Senate to to a fiber which would ignite. innovative proposals on startup. As I remember the plight of the residents of Houses all over town were insulated say, Senator LEAHY, Senator FEIN- this small town as this debate over the with asbestos-contaminated in insula- STEIN, and Senator KOHL are cospon- asbestos bill continues. I know a lot of tion. So my point is this morning, I in- sors. folks have taken issue with the asser- vite anybody to visit this small town So if anybody has an issue, I invite tion that the Libby residents deserve in northwest Montana, though I doubt them to come forward. But I think it is special consideration. Well, I am here my colleagues will take me up on the an unconscionable vote to vote no on today to reiterate why this consider- offer. In the summer, maybe when fish- the motion to proceed. ation is needed. ing is pretty good I could probably lure I yield the floor. The asbestos contamination in Libby some of you out there but this is ex- The PRESIDING OFFICER (Mr. is as widespread as any area in the tremely important that other Senators THOMAS). Who yields time? country. Though a sparsely populated understand the vast difference between The Senator from Montana. town, the residents of that city have this town of Montana and various proc- Mr. BURNS. Mr. President, today I been profoundly affected by this spread essing plants that were located around rise on this subject and first of all I of asbestos-related diseases. The asbes- the country. They were in isolated and want to congratulate—maybe that is tos exposure in Libby is unlike any enclosed areas. not the word—the chairman of the Ju- other place in the United States. While This was free to the wind, to the diciary Committee, for tackling this I know my colleagues lament that they winds of the vermiculite and one can- important problem. I can’t think of a have similar situations in their own not just sit here and try to draw a men- time or a piece of legislation that has States, I ask them to simply listen. tal picture of the impact that it had. been so complicated and so important The scope of asbestos exposure in It is extremely important that Sen- to my State of Montana. So I want to Libby, MT, may never be known, but ators during this debate understand tell the chairman of the Judiciary let me assure, you, Mr. President, that this is a special place, a special cir- Committee that the statement he made it is significant. cumstance, and special people who still is right on target. Some of us that have When Governor Martz of Montana ex- live there. I want to thank the chair- been impacted by asbestos and asbes- ecuted the so-called silver bullet under man of the Judiciary Committee. Sen- tos-related diseases take this very seri- CERCLA, she triggered a fast track ator SPECTER has done marvelous work ously. We need to vote to proceed. listing of Libby on the National Prior- on this. And to tackle this issue, as big I want to tell you why I am involved ities List. There has only been one as it is, and though we may have some in this and there are a couple of other other time when the silver bullet has disagreements on the size of the trust issues that are also burning in our of- been triggered due to asbestos. But fund, who pays into the trust fund, how fice right now that need my personal that case in Arizona was limited to 17 much they pay, the formulas, all of

VerDate Sep 11 2014 14:48 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00014 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK1\BR07FE06.DAT BR07FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE February 7, 2006 CONGRESSIONAL RECORD—SENATE 1001 this, but I am sort of on the other side Since I spoke earlier, I have been re- hate and oppression were determined of this. Mine is the protection of people viewing the testimony or the argument to cause our Nation great harm. It is who have seriously been impacted by yesterday of Senator DURBIN who spoke clear these extremists were and con- this thing we call asbestos since 1924. about the problem. No doubt there is a tinue to be committed to nothing less Walk through the cemeteries and see problem that has to be addressed. That than the total destruction of our Na- those families, and to have people is the issue on the motion to proceed. tion and our way of life. This network come to your town hall meeting short Senator DURBIN made a comment that of terrorism is embedded in many of breath, being suffocated by this dis- he didn’t know how the $140 billion was countries. It has penetrated hard work- ease, or any disease related to asbestos. arrived at. It was arrived at by his ing communities, valued institutions of I only hope we can continue to work leader, then-Senator Daschle, in col- education, and sacred places of wor- together not only to safeguard these laboration with Senator FRIST. He said ship. Libby provisions, but to improve them he hadn’t been able to find out where As in any previous world conflicts, as well. the money is coming from. He could if the global war on terror cannot be suc- And again I want to thank the chair- he would make an inquiry. We had to cessfully prosecuted without extensive man. He is a man of great bravery to subpoena the records, but there is cooperation of the members of the take this issue on. And it is troubling. transparency. We know where the international community. Given the It is complex. But I will tell you, it is money is coming from. I haven’t had a potential catastrophic consequences of important. chance to read his statement in full, terrorist attacks, President Bush And I thank the chair, and I yield the but I will no doubt have more to say worked with our international partners floor. about it. and allies to identify terrorist net- The PRESIDING OFFICER. The Sen- I suggest the absence of a quorum. works, reduce their ability to commu- ator from Pennsylvania. The PRESIDING OFFICER. The nicate and coordinate their plans, and Mr. SPECTER. Mr. President, I clerk will call the roll. disrupt attacks before they occur. thank the distinguished Senator from The legislative clerk proceeded to With America in the lead, a full scale Montana for those important com- call the roll. international campaign began in 2001. ments. I commend him for his diligence Mr. SPECTER. Mr. President, I ask A total of 136 countries, including in looking after his constituents with unanimous consent that the order for members of the European Union, Rus- special reference to what has gone on the quorum call be rescinded. sia, Pakistan, Saudi Arabia, Australia, in Libby, MT. He has outlined the prob- The PRESIDING OFFICER. Without countries of Asia and Africa provided lem, walking through the cemeteries, objection, it is so ordered. and, in many instances, still continue seeing the people who have been smit- Mr. SPECTER. Mr. President, I have to provide a range of intelligence and/ ten since the 1920s. He underscores and been asked by representatives of lead- or military assistance. As a result of emphasizes, in graphic and forceful ership to ask unanimous consent that this unprecedented multilateral co- terms, the problem. I hear him when he the time be charged equally to both operation, we have been able to kill or talks about Libby, MT. We have been sides. I am reluctant to make that re- capture more than one half of the addressing it with a special provision. quest in the absence of any Senators known al Qaida leaders and prevent We will do more if we possibly can. I representing the Democrats so I will possible terrorist attacks both in the have talked to Senator BURNS off the not make it, but I would ask—I have U.S. and abroad. floor on many occasions and heard the heard from the leader of the Democrats Despite the many difficulties in this serious problems the people of Montana saying it is OK. So I ask unanimous war, our Nation has not retreated nor face in Libby. And I have heard the consent that the time under the walked away in the face of adversity. problem that these hotspots create quorum call be charged equally to both We sought out terrorists, cut off their around the country. We will do every- sides. funding, and disrupted their plans. thing we can. I compliment the Sen- The PRESIDING OFFICER. Without Under the steadfast leadership of Presi- ator from Montana for his thoughtful objection, it is so ordered. dent Bush our country has taken the statement and thank him for his sup- Mr. SPECTER. I suggest the absence battle to the enemy and achieved sig- port on the motion to proceed. of a quorum. nificant successes. Again, anybody who has listened to The PRESIDING OFFICER. The Senator BURNS, who doesn’t think we clerk will call the roll. In October 2001, the coalition forces ought to proceed and take up this prob- The legislative clerk proceeded to launched a military campaign against lem, simply has his or her head in the call the roll. the Taliban regime in Afghanistan. The sand. It would be unconscionable to Mr. ALLARD. Mr. President, I ask regime was successfully removed from vote against the motion to proceed. unanimous consent the order for the power and all known al Qaida training Senator SANTORUM was in the Cham- quorum call be rescinded. camps were destroyed. ber a few moments ago. He proposes to The PRESIDING OFFICER. Without With the help from the international speak on the Steelers’ great victory. I objection, it is so ordered. community, the people of Afghanistan, many for the first time in the history am due at the swearing in of the Am- f bassador to Finland so I will have to of their nation, tasted the initial seeds leave the floor in a few moments. WAR ON TERROR: PROGRESS AND of freedom. Let me pause here for a (The remarks of Mr. SPECTER and Mr. OUTLOOK second. For the first time in history SANTORUM are printed in today’s Mr. ALLARD. Mr. President, as the millions of people in Afghanistan are RECORD under ‘‘Morning Business.’’) U.S. Senate gets started for the second now able to express their opinions Mr. SPECTER. In the absence of any legislative session of the 109th Con- without a fear of retribution or punish- other Senator in the Chamber, let me gress, I would like to take this oppor- ment. say I again invite any Senator or any tunity and concentrate our attention After several national elections, the constituent who has a problem with on the milestones achieved in the glob- people of Afghanistan adopted a new this bill to come see me. I know Sen- al war on terror and take a look at the constitution, elected a president and ator LEAHY feels the same way. With road ahead. held successful parliamentary elec- all the outstanding work he has done, Since the attacks of September 11, tions. Efforts to revitalize Afghani- and our staffs, we want to do what we 2001, we and many others in the inter- stan’s economy and education system can to answer all of the problems. As national community have been united have already produced significant re- we get ready for the vote on the mo- in our effort to defeat terrorism wher- sults. Agricultural production, which is tion to proceed this afternoon, we have ever it has taken hold in the world. a way of life for 70 percent of Afghani- certainly outlined the seriousness of September 11 proved without a doubt stan’s people, has nearly doubled. New the issue. that a network of extremists preaching roads are being built. Teachers are

VerDate Sep 11 2014 14:48 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00015 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK1\BR07FE06.DAT BR07FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 1002 CONGRESSIONAL RECORD—SENATE February 7, 2006 being trained and an increasing num- curity battalions have assumed control FAIRNESS IN ASBESTOS INJURY ber of people, including women, have over entire sectors of Iraq. These ac- RESOLUTION ACT OF 2005—MO- access to education. complishments demonstrate the will- TION TO PROCEED—Continued Afghanistan was devastated by dec- ingness of Iraqis to stand up to insur- The PRESIDING OFFICER. The ades of war and neglect and is now gents and protect their fellow country- Chair, in its capacity as a Senator from being turned into a young democracy men. Iraqis are gradually taking over Missouri, suggests the absence of a that will be an example to others in the frontline in defense of their com- quorum. The time will be charged the troubled region. munities. equally. A year after September 11, the Presi- With each Iraqi soldier trained and The clerk will call the roll. dent challenged the United Nations to equipped to carry out the mission, Iraq The assistant legislative clerk pro- confront another protector of terror: draws closer to being able to stand on ceeded to call the roll. Saddam Hussein. Saddam Hussein its own and protect its own freedom. Mr. CARPER. Mr. President, I ask failed to comply with more than a A free society cannot exist without unanimous consent that the order for dozen of United Nations Security Coun- an independent and impartial judicial the quorum call be rescinded. cil resolutions and he gave every ap- system. With slow but steady progress The PRESIDING OFFICER. Without pearance of continuing to hide large on all fronts, the Iraqi people are care- objection, it is so ordered. stockpiles of weapons of mass destruc- fully building one of the country’s Mr. CARPER. Mr. President, I yield tion. most important institutions: its judici- myself such time as I may consume. Based on Saddam’s reported weapons ary. With the help from the inter- The PRESIDING OFFICER. The Sen- of mass destruction and support for national community, the Iraqi people ator is recognized. terrorism, Iraq represented a dan- have begun the trial of one of the most Mr. CARPER. Mr. President, later gerous nexus that the international brutal dictators in history, Saddam this afternoon, in fact about 31⁄2 hours, community could no longer ignore. Hussein. Although none of Hussein’s we will gather in the Senate to vote on President Bush bravely made the deci- victims had a luxury of due process, a motion to proceed to take up and sion to liberate Iraq from the most bru- the new Iraqi government decided to begin debate on legislation that is de- tal regime in the country’s history and adhere to the highest standard of the signed—imperfect legislation but well plant the seeds of freedom in the land rule of law and allowed its former dic- intended—to ensure that people who that had only known decades of tyr- tator to stand trial by his peers. have been exposed to asbestos who be- anny and oppression. None of these successes would have come sick, whose breathing is impaired It is clear today that the terrorists been possible if not for the sacrifice of from that sickness, will have an oppor- view Iraq as the major battleground America’s finest men and women in tunity to be compensated for their im- against the coalition forces, against uniform. Their pride, patriotism and pairment. As their impairment wors- the rule of law, and against peace and perseverance have been the deciding ens, if it does, they would be in a posi- prosperity. During the last 2 years they factor on the battlefields far away from tion to be compensated further. The have tried to derail the democratic home. They have answered the call of legislation also is intended to try to process and threatened to kill those duty in a noble but difficult task. Some ensure that more money that is paid— participating in it. Undeterred, the ma- have made the ultimate sacrifice. if you go by defendants and insurance jority of the Iraqi people have bravely Their families will always be in our companies—ends up in the pockets of ignored this threat and joined the thoughts and prayers. We should honor those victims and of their families. emerging Iraqi political process. their lives by defeating the terrorists. The question is, Why are we taking By the millions, Iraqis lined up to The successful strategy for pros- this up now? One of the reasons we are choose a transitional government that ecuting the global war on terror set taking this up now is because the Su- drafted the most democratic constitu- forth by President Bush is steadily preme Court has been saying, at least tion in the Arab world. By the mil- moving forward. The road ahead will since 1997, with Justices including, I lions, Iraqis approved that constitution require additional sacrifice from Amer- believe, Justice Ginsburg and maybe in a national referendum. And by the ica’s leaders, members of the military more recently Justice Souter, that the millions, Iraqis elected a new Iraqi and the American people. We must con- issue of asbestos litigation is one that government under the Iraqi-written tinue to unite behind our Commander- needs to be resolved by Congress, not constitution for the Iraqi people. Let In-Chief, make the necessary adjust- by the Court. It is appropriate that fi- there be no doubt about it: the estab- ments, and move forward on the path nally we are taking this on. lishment of a meaningful political of complete victory. The Global War on My own experience and involvement process and lasting democratic institu- Terror demands nothing less. with asbestos litigation reform goes tions will decide Iraq’s future. I yield the floor. back to 2001, when I was called upon by We can be proud of the fact that each Mr. President, I suggest the absence an old friend who had ended up becom- national vote in Iraq has experienced of a quorum. ing a CEO of a company I had never less violence and produced bigger and The PRESIDING OFFICER (Mr. heard of called Federal-Mogul. Federal- broader voter turnout. President Bush BURR). The clerk will call the roll. Mogul is a company headquartered in put it best when he stated: The assistant legislative clerk pro- Michigan that manufactures, among In all three aspects of our strategy—de- ceeded to call the roll. other things, Champion spark plugs mocracy, security and reconstruction—we The PRESIDING OFFICER. In my and a lot of other products. He had be- are learning from our experiences, and we capacity as a Senator from North Caro- come CEO in 2001 and was in Wash- are fixing what hasn’t worked. . . . we have lina, I ask unanimous consent that the ington and told me about it. I con- witnessed a transformation in Iraq that is order for the quorum call be rescinded. gratulated him and said good luck, and virtually without precedent. Without objection, it is so ordered. said if I can be of service, let me know. Iraqi security forces continue to He called me back in about 6 months. show improvements in defending their f He said: Remember, you said if I could fellow countrymen. In October of last ever be of assistance to let you know. year, Iraqi police and army personnel We have a problem at Federal-Mogul. secured polling sites around the coun- RECESS And he came back to explain what it try, quickly suppressing any incidents The PRESIDING OFFICER. The Sen- was all about. of violence. ate now stands in recess until 2:15 p.m. Apparently, Federal-Mogul acquired Growing in size and strength, Iraqi Thereupon, the Senate, at 12:18 p.m., a number of years before, long before military units have become more capa- recessed until 2:15 p.m. and reassem- my friend became CEO, a British com- ble and able to defend their country’s bled when called to order by the Pre- pany that had an exposure to asbestos, emerging democracy. Today, Iraqi se- siding Officer (Mr. BOND). and because of that exposure, Federal-

VerDate Sep 11 2014 14:48 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00016 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK1\BR07FE06.DAT BR07FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE February 7, 2006 CONGRESSIONAL RECORD—SENATE 1003 Mogul was drawn into asbestos litiga- What was originally introduced was will, of the final compromise on class tion lawsuits by folks whose health had not a static use of legislation. It was action reform opposed, for the most been damaged, I believe, by the British not the Ten Commandments. It was part, all amendments. I think I sup- subsidiary that I think was owned and not carved into stone. It was a legisla- ported one offered by Senator FEIN- sold by Federal-Mogul in a relatively tive proposal. Over time, it has been GOLD. But no amendments were ap- short period of time. changed and has been improved and, proved. No amendments were attached At the time, I took my friend around frankly, I believe it can be improved to the bill. The bill passed with a bipar- to meet with the two Senators from further. I will talk a little bit about tisan majority and was sent to the Michigan, Senator LEVIN and Senator some of the improvements that have House of Representatives. They adopt- STABENOW. They were good enough to been made over time to the earlier leg- ed it lock, stock, and barrel. meet with him. I also took him over to islation and some further changes I What I want to see happen on asbes- meet with the then-chairman of the would like to see made and would ex- tos litigation legislation is that we Senate Judiciary Committee, PATRICK pect to support those changes. proceed with regular order. In fact, we LEAHY of Vermont, and asked Chair- Before I do that, let me back up for have been proceeding with regular man LEAHY to meet with the CEO from a moment and say some Members order. But there is a difference between Federal-Mogul. He did. The long and worked on class action reform legisla- asbestos litigation on the floor and short of it is Federal-Mogul went into tion which was enacted and signed by class action on this Senate floor a year bankruptcy. They have come out of the President early last year. Again, or so ago. Here is the difference: There bankruptcy, but a lot of the share- Senator HATCH was a leader in that ef- is no agreement amongst the bipar- holders who owned stock in the com- fort. I was involved, to some extent, tisan group that I talked about earlier pany lost a good deal. Folks who had along with some of my colleagues, in- to pass an unamended bill. As I said a been employees, pensioners who had cluding Senators DODD, SCHUMER, and few moments ago, this is not a perfect their money in 401(k) plans, lost a fair KOHL, among others on our side, work- bill, it is an imperfect bill, but it is a amount of their money if it was in- ing with our colleagues on the Repub- whole lot better than it was when it vested in company stock. The company lican side. started out. In my view, it can be made ended up with fewer employees than it The history of class action reform better still. had in the first place. goes back to the 1990s. The idea behind I would like to see us soon—we vote Along about the same time I had an- class action reform legislation was to today at 6 o’clock on the motion to other visit, this from a trial lawyer try to come up with a legislative ap- proceed to the bill. My hope is Demo- who represented, and I presume still proach to make sure, when little people crats and Republicans, a majority of represents, people who have been ex- are harmed by big companies or by us, 60 or more, will vote to proceed to posed to asbestos in their work and small companies—harmed not that the bill, to debate the bill, offer amend- have developed a fatal disease called they lose their arm, leg or eyesight but ments, debate those amendments, vote mesothelioma. This attorney came to harmed in a material way—that those on those amendments, and then to see say that the system, as it existed in ei- little people have the opportunity to be how the bill takes shape during the ther 2001 or 2002, was not working, and made whole but, at the same time, to course of the debate in the week or so the folks he represented who were sick make sure, when the class action law- ahead. and dying, many who die within a year suit is filed by a group of people that Let me mention, briefly, some of the or so, were not receiving the help they are drawn into a plaintiff class, the de- improvements that have been made in and their families needed—at least not fendants have the opportunity to be de- the bill over what was introduced promptly. And a good deal of the mon- fended or have their case heard in a maybe back in the late 1990s or the ear- eys paid by defendants ended up in the courtroom or before a judge so the de- lier part of this decade. pockets of people such as him, the at- fendant, as well as the plaintiff, can be First of all, serious questions were torney. given a fair shake. raised, and are still raised, about the He said people who are sick and That legislation was introduced in size of the trust fund that will be cre- dying ought to get the money they the 1990s, reintroduced in subsequent ated. Moneys paid into it by defendant need, generously; they should get it Congresses, debated in committee, companies, roughly $90 billion; by in- now. The folks who have been exposed voted on in committee, and reported surers, about $46 billion; by trust funds to asbestos but who are not sick and do out of committee. Class action lit- and others, $4 billion—adding up to, not have an impairment should not get erally came to the floor, I think, on at roughly, about $140 billion. That is al- anything now and folks such as I, least two occasions where we were un- most 50 percent more in the trust fund maybe, should get a little bit less in able to get the votes for cloture to end than I think was originally anticipated terms of the moneys paid by defend- debate and to go on to final debate and just a few years ago. So I would sug- ants to victims. passage with an up-or-down vote on the gest one of the improvements that has That was how I was introduced to bill. been made in this bill is just the ade- this issue. I did not come to the Senate That process, though, where legisla- quacy of the trust fund. to be involved in civil justice reform or tion is introduced, maybe over several There is a second thing that I would particularly asbestos litigation reform, Congresses, is debated within the ap- suggest has been an improvement made but I did come with a number of core propriate committees, voted on in in this bill over maybe an earlier values. I think we all did. Among the those committees, amended in those version. Now, $140 billion is a lot of core values I brought was to try to fig- committees, reported out to the Sen- money, but there is a history of the ure out what is the right thing to do: ate, and debated here, amended here, I trust funds set up to help asbestos vic- Try to treat other people the way I call that regular order. That is what tims, there is a history of them, in want to be treated, try to use a little we call regular order. some cases, running out of money. So bit of common sense. When the final compromise was what happens if we have a trust fund We have been joined in the Senate by agreed to on class action, including the that is set up where everybody who, in Senator HATCH, who preceded and later bipartisan group I alluded to a few the future, wants to file a claim has to succeeded Senator LEAHY as chairman minutes ago, we struck an agreement go to the trust fund for an administra- of the Judiciary Committee. He has amongst ourselves, an agreement with tive solution and the fund runs out of worked, as has Senator LEAHY, and as the House of Representatives that if we money? What do we do then? has the current chairman, Senator would not amend or change that com- What we do then is really take the SPECTER of the Judiciary Committee, promise that we struck on class action, path suggested by Senator DIANNE to try to improve the legislation that the House would accept our proposal, FEINSTEIN of California. In anticipation was introduced years ago, maybe even the House would not change one word. of just that kind of problem down the before I came here in 2001, initially. As a result, we, the drafters, if you road, she offered language, which was

VerDate Sep 11 2014 14:48 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00017 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK1\BR07FE06.DAT BR07FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 1004 CONGRESSIONAL RECORD—SENATE February 7, 2006 adopted and made part of this bill, the opportunity for someone—a health partment of Labor getting the right which says if the trust fund runs out of professional who really does know people to run this operation and assem- money at some point down the line and their business—to examine that victim bling the money quickly and putting in it does not look as if we are going to and see whether any impairment has place a system that is user friendly and have enough money in the trust fund developed. If so, they can go through will actually provide relief to a lot of any time soon to pay victims’ claims, other levels and become eligible for victims. then those victims can return to the sums of money, from several tens of I believe there are some further steps tort system. They can go back into thousands of dollars to over $1 million we will debate on the floor and, hope- court in the State in which they live. in the worst cases. fully, be able to adopt. They can go back into court in the A fifth improvement I think has been Some folks from the insurance indus- State where they were injured. Or they made deals with what are called exi- try have shared with me, and I am sure can go back into the tort system in gent claims. Those are claims filed tra- shared with others, the concern they Federal courts. ditionally by people who have mesothe- have about potential leakage issues, as Another area where I think improve- lioma, the disease I talked about ear- people file claims in the tort system ment has been made deals with folks lier, caused by asbestos, solely by as- for alleging impairment of breathing who have been injured, where they bestos exposure. We know mesothe- from exposure to asbestos. And the have been receiving workers’ com- lioma victims, folks, are going to die, question is, At what point do we say to pensation, and now they will, in the unfortunately, and not a pleasant the victim, to the plaintiff, you have to coming months or years—if we estab- death, and die fairly soon, generally go into the trust fund or you may con- lish this fund—have the opportunity to within less than a year. tinue through the tort system? There file a claim with the asbestos trust For exigent claims like that, or other are concerns raised by the insurance fund. The question was: Well, can a people who are believed by doctors to industry that we, frankly, have not person receive money out of the trust be in a terminal situation where their done the kind of job that needs to be fund and also have received previously lifespan is less than a year, those done with respect to what they call workers’ comp or currently receive claims, under this improved version of leakage in the system. That is one we workers’ compensation funds? Or do the bill, will be treated on an expedited want to revisit and consider. they have to pay that back somehow basis. I believe that is an improvement. I am not an attorney. We all know out of the money they receive from the There are other improvements. I people who are. I have a concern, and I trust fund? mention one: silica claims. There are know it is a concern shared by others, I think the authors of the bill, wise- mixed death claims that are not just that if we cap it at 5 percent, the ly, and the committee, wisely, said no. asbestos. They might be silica. A good amount of money that can go to an at- If the person is receiving workers’ thing that happened last year during torney, in some cases that is adequate. comp from a separate source of funds, the course of the committee’s hearings This is a system that is not designed they can keep that. It does not have to is they brought in medical experts and to, frankly, need a whole lot of assist- be reclaimed or repaid. And the claim- actually talked to them and listened to ance. And, hopefully, some people will ant, the victim, can then also receive the medical experts talk about: What be able to go through this system and the moneys from the trust fund that we do the x rays look like for people who apply for money from the trust fund would set up, establish under this legis- have been exposed to asbestos as op- and receive their claim, their payment lation. posed to those who have been exposed without the assistance of an attorney If you look at the legislation, a to silica? or anybody else. fourth improvement deals with some- We know people can die from both, do But in some cases you are going to thing called medical monitoring. But if die from both. But as it turns out, if we have an attorney who has worked for you look at the legislation, there are a establish an asbestos trust fund, and not just months but maybe a couple of number of levels of impairment, start- someone has been exposed maybe to as- years to help prepare a case to be heard ing with level I, and I think going up to bestos but does not have the markings in a court, only to find that before they level IX. And there may be some var- from asbestos, and someone has been could actually bring the case to a judge ious gradations within each of those exposed to silica, and they have the im- and jury and have a verdict, they are levels. pairment that relates to silica, can cut off because of the establishment of Level I is something called medical they come to the trust fund and be this trust fund. In that case, where you monitoring. It has been a matter of made whole out of the asbestos trust may have had attorneys work for some contention. Some of the compa- fund? The answer is no. The silica vic- months or a couple years, to say that nies, some of the defendants, some of tims are welcome to go back into the person can only receive a 5-percent the insurance companies were very tort system, to stay in the tort system. payment out of the payment from the skittish and reluctant, understandably Again, there is apparently a real dif- fund, I think, is just unfair. so, given the history of some of the ference in the appearance of the x rays Again, it goes back to one of my core ways people were recruited to file of the lungs of people who have been values I talked about earlier: treat some, not all but some, asbestos claims exposed to asbestos who have asbes- other people the way we want to be in the past. They were concerned the tosis and those who have lung disease treated. If I were the attorney and I medical monitoring might be an effort that has been caused by silica. had actually done work for a couple of to recruit all kinds of people to file Those are some of the improvements years, I would want to be paid more claims on the trust fund. that have been made to the bill. I want than 5 percent of, say, a million dollars But medical monitoring is included to mention maybe one or two others for the work I had done. Attorneys as level I for impairment. And level I that I think ought to be made and have today, not uncommonly, get 25, 30, 35, means a person has been exposed to as- been drawn to my attention, and I sus- 40 percent in attorney’s fees for the bestos—maybe in their work or an- pect to most of our colleagues’ atten- work they do in conjunction with these other part of their environment—but tion as well. victims. I am not suggesting we have they do not have an impairment, there One deals with the startup provisions those kinds of payments to attorneys, is no discernible impairment that we and the steps we need to take to help but I would suggest maybe the better can attribute to asbestos. But by estab- ensure the trust fund is set up and run- part of valor is to say that the attor- lishing medical monitoring, what we ning quickly and efficiently. We are on neys could receive 5 percent, and in say to those who have been exposed, a tight time period, a tight timeframe. cases where they have done work give who do not have an impairment, at There is a whole lot of work that is the administrator of the fund the dis- least we acknowledge you could have a going to be done that we have not cretion to provide something in addi- problem down the road, and we are done, at least not with asbestos. It is tion, something on top of, above the 5- going to provide, every year or two, for going to be a real challenge to the De- percent cap—at the discretion of the

VerDate Sep 11 2014 14:48 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00018 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK1\BR07FE06.DAT BR07FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE February 7, 2006 CONGRESSIONAL RECORD—SENATE 1005 administrator. And maybe we want to Is this bill perfect as it comes to us they do not seek to promote debate. cap it at 20 percent or something like today? We have been joined on the They are seeking to prevent it. For the that. But I would suggest that is a fair floor by the chairman of the com- life of me, I do not fully understand thing to do and a just thing to do, par- mittee. I thank him and those with this type of reasoning. ticularly where an attorney has done a whom he serves, certainly Senator The public health calamity caused by great deal of work. LEAHY. I also want to say a word about occupational exposure to asbestos is Let me close by saying this. I came Judge Becker, former chief judge of the something that we should be debating. here, like I think all my colleagues, be- Third Circuit, who has worked very It is precisely the type of situation cause I wanted to get things done. I hard as a mediator to try to help us get that cries out for comprehensive bipar- want to right wrongs and try to help to a better place with this legislation. tisan legislation. For what it is worth, people as best we can. Sometimes it is I have met a lot of people in my life, it is precisely the type of well-docu- best for people who are hurt to take but here is a man who suffers from mented crisis that I would expect my those grievances to the courts, and to very serious health problems himself. colleagues to want to talk about. In- address, through the judicial system, He has non-Hodgkins lymphoma and is stead this filibuster shows that they the wrongs they believe they have in- in his early seventies. He travels from would rather close their eyes to this curred. The highest Court in our land, Philadelphia on the train, pays for his crisis. the Supreme Court, has said on several own way. When he spends a night here, The consequences of asbestos expo- occasions in the last decade, we have a he stays in a hotel and pays his own sure are tragic and well-documented. It problem with asbestos litigation that way. He pays for his own meals. He has devastated the families of hard- needs the attention of the Congress and does all this work because he believes working American men and women. the President and we should try to im- it is the right thing do to—and it is. And it is not an equal opportunity haz- prove on a situation that is flawed. For all who have been working on ard. It frequently targets veterans. It I am an old Navy guy and spent a this for a lot longer than I have to get targets those who took their lunch to number of years of my life as a naval us to this point in time, we need to work, who gave a full day’s work for a officer, and not as much time on ships. vote at 6 o’clock to proceed to the bill, full day’s pay, and who came home I spent a little time on ships. I know a debate it, change the parts we think with dirt under their fingernails. lot of folks served in the military—and need to be changed, and go forth from Each and every year 10,000 individ- a lot of them were in the Navy who there. uals will die from mesothelioma, a can- served on ships—who were exposed to I yield the floor. cer closely linked to asbestos exposure. asbestos, had their breathing impaired, The PRESIDING OFFICER (Mr. Ten thousand moms and dads and and, in a number of cases, died. COLEMAN). The Senator from Utah. grandparents. Think about it. And be- They are not in a position to go into Mr. HATCH. I thank my colleague for cause of the asbestos fibers they would court and sue the Federal Government his remarks on this bill, for his com- bring home from work, sometimes even to be made whole. They can get some ments on Senators SPECTER and LEAHY, the spouses and children of these work- help through the VA system, and they and for his willingness to invoke clo- ers become sick. Thousands and thou- have, but they are not in a position to ture this afternoon. We need to proceed sands more will be afflicted with debili- receive the kind of payments and re- to this bill and debate it in on the Sen- tating lung conditions that make it covery of damages that others have ate floor. It is that important. hard to breathe, sapping the joy from been able to in the courts because pri- Before proceeding with my remarks, what should be a person’s golden years. vate sector employers have been sued I would like to reserve 15 minutes for This is a public health crisis of the as defendants by victims, and those my colleague from Ohio, Senator highest magnitude. And this public victims cannot sue the Federal Govern- DEWINE. health crisis is made more pressing by ment. Under this legislation, a veteran The PRESIDING OFFICER. Without a related litigation crisis. Nobody in from any part of the armed services objection, it is so ordered. this body believes, especially those of who is precluded from receiving much Mr. HATCH. Mr. President, I rise to us who support this bill, that individ- in the way of damages will now have speak in favor of S. 862, the bipartisan uals who become sick as a result of as- the opportunity to go into the same Fairness in Asbestos Injury Resolution bestos exposure should be denied com- trust fund and apply for the same dol- Act. More specifically, I rise in favor of pensation. Let me be clear about this. lar payments that any other person debating S. 852. It is a bill worth our They are owed compensation. Here is who has been injured could apply for. time. the problem: Who is supposed to pay? As a veteran, that is especially note- The crisis of asbestos exposure im- Most of the companies that originally worthy. It goes a long way to explain- pacts not only the lives of sick and produced this stuff have long since ing why so many veterans groups dying workers and retirees, but also gone out of business or have been put strongly support this legislation. the lives of workers in every corner of out of business. They now exist in Again, what is our goal? Our goal is the American economy. The litigation bankruptcy merely to pay out claims to try to make sure that when people that these workplace injuries spawned to the extent that they can, which have been exposed to asbestos for an now threatens to deprive the workers amounts to a very small number of extended period of time, when their who need compensation for their inju- pennies on a dollar. health has been damaged, that they ries of their due rewards, while crush- What are the victims actually get- have an opportunity to receive some ing businesses large and small in every ting from their settlement? Pennies on compensation for that harm, to try to State. the dollar. The actual damage done by do so in a way that is prompt and I find it surprising that there are exposure to these fibers might be worth where the amounts of money they can those in those body who do not wish to hundreds of thousands of dollars, but receive actually vary from fairly mod- address our Nation’s asbestos crisis. most people will never see that money, est, when the impairment is slight, to They do not even want to have this de- money that could go to pay medical rather substantial when the impair- bate. So they are filibustering even a bills or take care of loved ones, because ment is substantial or maybe life motion to proceed to the bill. It is the companies do not have the money threatening. We want to do this in a funny how things change. This sum- to pay the number of claims. way where we put more money in the mer, when some of the Members of this Of course, this has not proven to be pockets of victims and their families body were filibustering judicial nomi- an obstacle to the innovative trial bar. and in a way that acknowledges the nations, we were told that the fili- These attorneys are going after cor- work that is done by attorneys when buster was a privilege central to the porations, not surprisingly ones with they have done a considerable amount Senate’s deliberative character. The very deep pockets that have inherited of work in preparing for a case that right to speak and debate had to be their asbestos liabilities by acquiring then ends up in the trust fund. preserved. But through this filibuster, companies that once produced or used

VerDate Sep 11 2014 14:48 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00019 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK1\BR07FE06.DAT BR07FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 1006 CONGRESSIONAL RECORD—SENATE February 7, 2006 asbestos. I remember one company in my colleague from Pennsylvania, Sen- In addition, it is beyond ridiculous to particular that acquired another com- ator SPECTER, has again held hearing suggest, as we heard yesterday from pany for $10 million. They have paid after hearing. Again, we have had week opponents, that this bill is being well over $100 million out in asbestos- after week of markups. He and his staff rushed. That is absolutely ridiculous. related claims because of that acquisi- have been tireless and fair in their ne- How is it that a bill that was debated tion. gotiations. Judge Becker, a federal on the floor nearly 2 years ago, re- So not content with a public health judge on the Third Circuit Court of Ap- ported favorably out of the Judiciary crisis, a group of committed attorneys peals, has worked to craft a solution. Committee twice—on a bipartisan basis have set out to bankrupt some of our Over the last 3 years, there have been this time—and was subject to countless Nation’s greatest companies, creating 36 meetings hosted by the chairman amendments is somehow not even an economic crisis as well. And many where any group, including labor ready for debate today? of them have only had some collateral unions, trial lawyers, and any other in- We have been at this for years. This relationship with asbestos. terested parties, was welcome. And bill addresses a recognized public Playing fast and loose with the ac- those efforts have borne fruit. Most no- health tragedy. Yet it is not even wor- tual exposure of their clients, there has tably my colleague from Vermont, thy of debate on the Senate floor? been an explosion of litigation in re- ranking member of the committee, For those not steeped in Senate pro- cent years. As a result, at least 73 com- came to support this bill. We work a cedure, it is worth noting what is being panies have had to declare bankruptcy good deal on intellectual property suggested by this objection to the mo- due to their asbestos-related liabilities. issues together, but this bill is a dif- tion to proceed. Do those who have actually been ferent animal. This is a bill that im- When a bill is filibustered after hours harmed by asbestos benefit by this liti- pacts the rights of workers and the and even days of debate in order to pre- gation? No. They wind up in years of rights of the sick. On those types of vent a vote on final passage, the mes- litigation only to find that they get a issues, there is, unfortunately, not sage sent is that there has not been mere 42 cents out of every dollar. By enough bipartisanship around here. enough debate. The issues are so dif- the time the attorneys take their fees The fact that the distinguished Sen- ficult and complex that more debate is required before this body could respon- and add on transaction costs, the poor ator from Vermont, Mr. LEAHY, is a co- person who has been injured gets only sponsor of this bill is very important. sibly move to final passage. Filibusters are not always justified, 42 cents out of every dollar recovered. It is a testament to both the scope of but they are sometimes understand- The status quo does not do justice to the problem it addresses and the depth able. When you filibuster a motion to those injured by asbestos exposure. I of good faith compromises that have proceed, you are saying this bill is not am a conservative. I do not believe the been made along the way. even worthy of a debate on the floor. Federal Government should attempt to There are many criticisms made This is an insult. I know this is not a fix every social or economic problem about this bill. Some have suggested perfect bill. Few bills are. The FAIR faced by the country. However, there that even debating it demonstrates the Act, however, is most certainly a bill are certain crises, because of their size, triumph of corruption. I wonder what worthy of debate. because of the number of persons im- their colleagues from Vermont, Cali- We have a limited number of days in pacted, and because of their detri- fornia, and Montana think about that? any given year to do the people’s busi- mental impact on the American econ- All this time they thought they were ness. We only take up bills on the floor omy, that call out for national legisla- working to make this a better bill. As when there is a pressing public need. tion. This is just such a bill. it turns out, they were just tools of the And in the opinion of not only the ma- Asbestos exposure has cause a far- special interests. Give me a break. jority leader but the Republican caucus reaching public health disaster of the I will tell you who the special inter- and even some Democrats, this is a bill highest order, one that is now com- ests are in this debate. They are the worthy of our attention and time. pounded by an unprecedented litigation law firms that specialize in much of Frankly, it is ludicrous to suggest oth- crisis. I am hardly alone in thinking the bogus asbestos litigation that is erwise. this. The Supreme Court of the United driving this crisis. They are the law- Nineteen members of the Senate have States has called on Congress on three yers who file suits for people who are cosponsored this legislation. It is sup- separate occasions to address this par- not sick, just hoping that some com- ported by the chairman and ranking ticular problem. In 1999, the Justices pany will decide to settle rather than member of the Judiciary Committee. It told the Nation that ‘‘the elephantine go to court. They are the lawyers who has bipartisan support. I do not think mass of asbestos cases . . . defies cus- promise the truly sick a jackpot but there is a person in this body who tomary judicial adminstration and give them instead years of litigation doubts the severity of the problems it calls for national legislation.’’ So we and then take for themselves fully 60 is designed to address. So something answered the call. percent of any settlement. I would call must be done. This bill is a sound and We are hardly springing this bill on it ‘‘jackpot justice.’’ But for the work- reasonable attempt to do something to the Senate. We have been debating a ers impacted by asbestos exposure, help these sick workers get the com- solution to the asbestos crisis since the there is no jackpot, and this sure is not pensation they deserve. 107th Congress. This is the 109th Con- justice. The asbestos trust fund created gress. When I was chairman of the Ju- These lawyers have gotten rich liti- through this legislation deserves a de- diciary Committee, we held hearing gating these cases. bate. I urge my colleagues to vote for after hearing. We had weeks of mark- They do not like the prospect for re- cloture on the motion to proceed and ups. We did our best to achieve some form. Why not? Because it is going to to give this bill the attention it is sort of compromise. Yet when it came turn off the golden spigot. It will cre- owed. time to debate this bill on the floor, it ate an easy, no-fault, and quick admin- Mr. President, this is an important was filibustered. The Senate was pre- istrative process that will enable those bill. I pay tribute to Senators SPECTER vented from giving its final up-or-down made sick by asbestos to obtain com- and LEAHY for the work they have done vote. That was April of 2004. pensation without the middle man. in committee and in bringing this bill Then we heard the bill was not ready In other words, if this bill becomes to the floor. They deserve accolades for prime time. We were rushing the law, these lawyers are going to have to from everybody in this body. issue, jamming the opposition. We have find some other industry to bilk. The I yield the floor. not considered the issues carefully other side of this debate should take a The PRESIDING OFFICER. The Sen- enough, they said. If only we had more good, long look in the mirror before ator from Ohio is recognized. time. going down the road of accusing the Mr. DEWINE. Mr. President, I come Now it is almost 2 years later. The bill’s supporters of promoting special to the Chamber this afternoon to sup- chairman of the Judiciary Committee, interest legislation. port the asbestos reform bill, S. 852.

VerDate Sep 11 2014 14:48 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00020 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK1\BR07FE06.DAT BR07FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE February 7, 2006 CONGRESSIONAL RECORD—SENATE 1007 This bill is simply about helping vic- symptoms—may decide to sue now or in Ohio. Of the almost 80 companies tims. It is about doing the right thing take the risk that nobody will be left that have filed bankruptcy because of for extremely sick individuals. It is to pay a claim down the road. This in- asbestos-related liability, more than 20 about doing the right thing for very creases the problem, and the cycle of of those companies are headquartered sick people by compensating them excessive litigation and decreasing or have significant facilities in the quickly and fairly. payments to victims continues. State of Ohio. As we know, this bill addresses the As a result, justice is not being Let me be clear: I believe companies asbestos litigation crisis by removing served. Many victims wind up with no should be held accountable for their most cases from the court system and one to sue and receive pennies on the conduct. That is a basic principle of paying claims from a national trust dollar for their claims from asbestos American jurisprudence. But most of fund, using money contributed by com- bankruptcy trusts. That is not right. the companies that manufacture asbes- pany defendants and insurance compa- That is not just. That is not fair to tos are today now bankrupt. The legal nies. these victims. We have to do something system already has decided their liabil- Let me say up front that removing about that. On the other extreme, a ity, and they are paying their liability cases from our court system is not few victims receive huge awards or set- through asbestos trusts. something we should ever do lightly. tlements that are, frankly, sometimes I am concerned, however, about the Our civil justice system usually works out of proportion to their injuries. many companies that now find them- well. Our State and Federal courts are The bottom line is that very few peo- selves held responsible for the actions a vital part of our system of govern- ple are compensated fairly, and more of other companies. These companies ment. That is where cases should nor- and more victims face a risk of never have little to do with asbestos produc- mally be. Our court system, as a rule, being compensated at all for asbestos- tion or use, but they employ thousands ensures a level of fairness and justice related illnesses. It is our responsi- of people who contribute to our econ- for our citizens that is second to none, bility in the Senate to deal with this omy and to our tax base. No one, in- and I don’t like removing cases from crisis. We simply must not wait any cluding the victims of asbestos, is that system. longer to act. We must take steps to helped when these companies are pun- But our justice system is not perfect. help the victims of asbestos exposure, ished. Unfortunately, we all know that our and the bill we have in front of us I believe it is clear, bluntly, that we justice system, in this case, has failed today does just that. have a legal disaster—yes, a disaster— to deal with the asbestos crisis. The There is another critical problem we on our hands. The court system is system is not adequately protecting have to address with regard to asbes- clogged with claims by people who are the rights of victims, nor is it ade- tos, and that is the issue of jobs. Not not ill and may never get ill, and vic- quately protecting the rights of defend- only is the current mass of litigation tims who are ill must wait a long time ants. In fact, the system has been over- hurting victims, but it is also causing for sometimes very little compensa- whelmed by asbestos litigation. tremendous problems for the business tion. Employers are at risk even when The numbers tell the story. The community and, subsequently, of they have had little to do with asbes- sheer volume of claims is staggering. course, for the creation and retention tos, and their current employees and More than 750,000 individuals have of jobs, which hurts workers. As more retired workers as well are paying the made claims for asbestos exposure, and and more businesses are drawn into price. approximately 300,000 of those claims this endless cycle of litigation, more Anyone who looks at this honestly are still pending. The most recent and more money is being spent on legal has to conclude that the current sys- Rand study estimates that anywhere fees. These costs, and the uncertainty tem does not work for anyone involved. between 2.5 million and 3.3 million in- that engulfs these businesses, make it In fact, the Supreme Court on three dividuals could make claims in the fu- harder to invest in improving their separate occasions has called for a na- ture. companies and creating new jobs. In tional solution, has called on Congress Part of the problem is the unusual fact, asbestos liability is actually to take a look at this issue. nature of the illnesses caused by expo- bankrupting many potential defend- We have to do something about this sure to asbestos. Specifically, there is a ants. It has gotten to the point where crisis. We need to protect the rights of long latency period between exposure claims are now being brought against victims, and we need to provide busi- to asbestos and the actual illness or businesses that have a very remote ness—the group of businesses which impairment. In other words, people can connection with the manufacture of as- will provide compensation to those vic- be exposed to asbestos for long periods bestos. So the impact of asbestos tims—with some way to predict how of time but usually don’t show symp- claims today is simply overwhelming— much this crisis will cost so they can toms of illness for 25 or 30 years. Not not just to some of our Nation’s largest plan for it and figure out a way to stay everybody exposed to asbestos gets companies but to our small businesses in business while they pay for it. The sick, but our tort system requires a po- as well. FAIR Act—this bill—provides that tential victim to file a claim for injury This is not just some abstract or aca- needed protection to victims and pro- within a year or two of discovering the demic problem. When businesses are vides that needed predictability to potential harm. So a vast majority of harmed, workers are harmed, too. Tens businesses so they can continue to pro- people who are filing claims are not ac- of thousands of workers—real people vide for their employees and retirees. tually sick at that time, and many employed by these businesses—are We know, of course, that no bill is may not ever get sick, but to protect today being affected. Many employees perfect. This bill is not perfect. Many their legal rights, they file suit. and their families—people who never people believe it must be amended. As This enormous volume of lawsuits— had any exposure to asbestos at all— a matter of fact, I have heard from a again, many from people who are not are feeling the effects in lost wages, number of Ohio companies that they ill at that time—crowds court dockets, lost jobs, and diminished pensions. are not happy about some of the provi- slows the decisionmaking on claims The impact in my home State of Ohio sions in this bill. Not surprisingly, from those who are sick, and imposes is particularly severe. Ohio is one of some think the bill goes too far and huge costs on defendants. As more and the top States in which asbestos liti- some think it doesn’t go far enough. more defendants are pushed toward gants choose to file their suits. In fact, We have spent a great deal of time dis- bankruptcy, actual payments to vic- literally thousands of companies have cussing and modifying this bill over tims are diminished. been named as defendants in Ohio the years. I believe it has improved the Perversely, the process creates a courts. Out of the more than 8,000 firms process. During this whole process, I greater incentive to sue immediately that have been named as defendants think we have simply improved it as a because someone who has been exposed nationwide, over 7,000 of these busi- result of the work that has been con- to asbestos—even if he or she has no nesses have been named in cases filed ducted in the Judiciary Committee.

VerDate Sep 11 2014 14:48 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00021 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK1\BR07FE06.DAT BR07FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 1008 CONGRESSIONAL RECORD—SENATE February 7, 2006 As we debate this bill in the Senate, and efficient means of compensating victims Industries; Walter Industries; Unocal; I plan to work with Chairman SPECTER of asbestos exposure. U.S. Gypsum; and Viacom. and many others to make some addi- This is exactly what we are trying to One of those companies, Celotex, had tional refinements to the bill. It truly do in this effort. It is true it is not easy three plants and two regional sales of- is a work in progress. But the bottom to do. It is true it has taken many fices in California. In 1987, Celotex em- line is that we must move forward and years of hearings in the Judiciary Com- ployed 325 people there, with a payroll we must move forward now. The status mittee, and it is true efforts to draft of $7 million. They were forced into quo is simply not acceptable. It is not this legislation have been ongoing for bankruptcy and today they operate in fair to the victims, and it is not fair to many years, but I would like to take the United Kingdom. This is one im- the companies. this opportunity to commend the pact of what has been happening. We all know this bill is not perfect chairman and ranking member of our According to a study done by the and, in fact, this issue is so com- committee, Senator SPECTER and Sen- RAND Institute for Civil Justice, in plicated that no bill could ever be per- ator LEAHY, for their tireless efforts to 1980, 300 companies were being sued for fect. But the bill we have before us is develop a true bipartisan compromise, asbestos claims. This grew so much far better than the current situation. and I know it hasn’t been easy. that by 2002, 8,400 companies had been We must move forward. Before discussing the specifics of this named as defendants. I would like to conclude my remarks legislation, I think it is important to RAND also concluded that litigation with a story that illustrates why we remember what has brought us here has spread beyond the asbestos and need to vote for this legislation. A fel- and why so many of us have spent hun- building products industries to the low Ohioan came to my office recently dreds of hours working through the point that companies now being sued and explained that he is very ill from complex issues in trying to develop a cover 75 out of 83 different types of in- asbestos exposure. He has retained a no-fault administrative solution. As dustries in the United States. And, just lawyer and has a trial date scheduled. has been stated, the pivotal question through 2002, $70 billion had been paid He was worried that this bill would re- before this body is, Will a victim be out to 730,000 personal injury claims. move his ability to sue without giving better off in a trust fund, or will they So again, the question is whether a him enough compensation to take care be better off in the tort system? I be- victim is better off in a no-fault trust of his family and provide for their fu- lieve that overall a victim will be bet- where they automatically recover if ture and not give him the compensa- ter off in this trust fund. they meet the criteria or in the tort tion he deserves. Up to this point, more than 70 Amer- system with high transaction costs After discussing the details of his ican companies have filed for bank- that often eat up 50 to 60 percent of a case and explaining how the FAIR Act ruptcy caused by asbestos liability. judgment. would apply to him, it was clear that This has cost the American economy It is true that bankruptcies have the bill, if enacted, would likely pro- up to 60,000 jobs. Each displaced worker tragic consequences, not just for the vide him with more money much more from a bankrupt company will lose on businesses, but also for their employees quickly than he likely will get if he average an estimated $25,000 to $50,000 who lose their jobs, lose their savings, pursues his claim in court, although, of in wages over his or her career because and for the victims whose settlements course, litigation is notoriously dif- of periods of unemployment and the are frequently reduced even more by ficult to predict. Even though this Ohi- likelihood of having to take a new job bankruptcy trusts until they are re- oan still has a difficult road to walk in paying a lower salary. ceiving pennies on the dollar. dealing with his illness, he is now reas- This impact is not limited to workers I think the most startling and most sured that this bill, if it becomes law, who lose their jobs. For the workers egregious example of the asbestos trag- will provide his family with hope for who are able to keep their jobs at these edy is what occurred in Libby, MT. the future and provide him with some companies, they can expect an average Candidly, this is what put it on my just compensation. 25-percent reduction in the value of radar screen big time. This small com- Nothing can ever be fair. Nothing can their pensions. And for every 10 jobs munity has been devastated because of ever provide a victim with what would lost to an asbestos bankruptcy, a com- the callous and potentially criminal be considered just, but I think he was munity will lose 8 additional jobs. actions of one company, W.R. Grace. assured and felt better after my staff At least four companies headquar- The asbestos found in Libby, MT, was able to discuss this bill with him, tered in my home State of California tremolite asbestos, has demonstrated and the details of it. have been bankrupted from asbestos an unusually high level of toxicity, as As I have said, this bill is not perfect, lawsuits. Additionally, 41 companies compared with chrysotile asbestos. but it will help the victims of this as- with current or former operations in Diseases contracted from tremolite as- bestos crisis. It will help the real peo- California have been sued or are cur- bestos are unique and they are highly ple most at risk, and it will help save rently facing lawsuits. They include: progressive, which means they move countless jobs. That is why I am sup- Allwood Door Company; Ashland; Atlas quickly. So far 192 residents from this porting it. It simply is the right thing Corporation; Bechtel; Bethlehem Steel; small community have died and 1,400 to do. California Portland Cement Company; are suffering from asbestos-related dis- I thank the Chair. I yield the floor. Celotex; Dow Chemical; Exxon Mobil; eases. The PRESIDING OFFICER. Who Federal Mogul; Flintkote; Gencorp; In addition, W.R. Grace not only sent yields time? Georgia Pacific; Goodrich Aerospace; its workers into the earth to mine as- The Senator from California. Hill Brothers Chemical Company; Hon- bestos without proper protection, it Mrs. FEINSTEIN. Mr. President, I eywell; Jacuzzi Brands; JM A/C Pipe also pumped asbestos out of its factory rise to speak on the asbestos bill and to Corporation; Kaiser Cement; Kelly and into the community of Libby. W.R. indicate my support for the cloture Moore Paint; Metalclad Insulation; Na- Grace provided asbestos materials to motion which will be voted on at 6 tional Gypsum; National Steel and high schools and parks. It even put out o’clock this afternoon. Shipbuilding Company; Norton and piles for children to play in. For dec- For over 15 years now, believe it or Sons of California; Occidental Petro- ades, there was an unprecedented 24- not, the U.S. Supreme Court has re- leum; Owens-Illinois California Con- hour-per-day contamination of this peatedly urged Congress to create a so- tainer; Owens Corning Fiberglas; Pa- community. lution to this asbestos crisis. In 1997, in cific Gas and Electric; Pittsburgh Cor- Based on this and other actions, a a case called Amchen Products v. ning; Plant Insulation Company; Federal grand jury in February of last Windsor, Justice Ginsburg wrote this: Polyone; Raymark Industries; year indicted W.R. Grace on multiple The argument is sensibly made that a na- Reinhold Industries; RPM; The Scotts criminal counts. The indictment tionwide administrative claims processing Company; Southern California Edison charges that W.R. Grace was aware of regime would provide the most secure, fair, Company; Todd Shipyards; Tyler Pipe several studies that demonstrated the

VerDate Sep 11 2014 14:48 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00022 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK1\BR07FE06.DAT BR07FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE February 7, 2006 CONGRESSIONAL RECORD—SENATE 1009 dangers of asbestos exposure and con- the tort system. I looked at that. But Several concerns have been expressed cealed this information from the peo- then you also hear cases of people who regarding how quickly money will ple of Libby and from the Environ- receive pennies on their judgment, and come into the fund and whether the mental Protection Agency. The pros- the question arises, Is it not possible to trust fund will be able to process the ecutor is quoted in the press as saying protect victims and not bankrupt com- immediate flood of claims that are cur- W.R. Grace’s treatment of workers and panies and have a no-fault system rently pending in court. The so-called residents is ‘‘a human and environ- whereby medical people can make the upfront funding has been increased mental tragedy.’’ judgments and people can be paid a fair throughout the process, so now the Sadly, while the situation in Libby is sum? That is what this legislation is fund will have $42 billion in the first 5 extraordinarily unique and our legisla- all about. years to pay claims. In addition, the tion recognizes this, the harm caused Compromises have been made. What I committee adopted an amendment to by asbestos is far reaching. have tried to do, on the Judiciary Com- speed up the initial contributions by In California, we have had shipments mittee, is ensure that there are strong insurers, defendant companies, and of asbestos from Libby in 35 locations. provisions in place to protect individ- bankruptcy trusts so that the adminis- Our shipyards became hotspots for as- uals who were struck with terminal as- trator can pay claims quickly. bestos-related diseases because the bestos-related diseases. The bill also provides the adminis- shipping industry used asbestos to in- There are some important provisions trator of the trust fund with borrowing sulate boilers, steam pipes, hot water that I would like to highlight. The bill authority, so if the upfront funding of pipes, and incinerators. In fact, accord- we are now considering contains higher $42 billion proves to be inadequate, he ing to the data compiled from the Na- awards values for victims than the or she may borrow funds to cover any tional Center for Health Statistics, be- version that was before the Senate in shortfall. tween 1979 and 2002, 4,618 Californians the 108th Congress. A broader defini- Next, the bill includes a streamlined died because of asbestos-related dis- tion of asbestos has been included to process to settle claims of terminally eases. address the potential threat of natu- ill individuals immediately upon enact- Statistics do not adequately tell the rally occurring asbestos that has been ment of the legislation. This provision full story of this tragedy. The day after discovered in California and other ensures that terminally ill individuals Father’s Day in 2003, Alan Reinstein of parts of the country. will have their claims processed quick- Redondo Beach, CA, first learned about During the startup period, the bill in- ly, and it should resolve some of the the devastating effect asbestos can corporates a process so mesothelioma most pressing claims before the trust is have. After months of ineffective and victims and other terminally ill vic- up and running so there would not be inaccurate testing to diagnose his tims will have their claims resolved an overwhelming flood of claims filed health problems that Mr. Reinstein and paid within 9 months or else they with the trust on day one. was experiencing in his lungs, doctors will be allowed to take their case to Finally, Senator SPECTER included finally determined that he was suf- court. So either they get prompt pay- language in the statute of limitations fering from mesothelioma. Mesothe- ment or they can go to court. I have in- to give individuals sufficient time to lioma is a debilitating and aggressive sisted on that. Thanks to Senator file their claims—5 years—so there will form of cancer that has been directly SPECTER and Senator LEAHY, that is in not be a need to rush to the fund for linked to asbestos exposure. the bill. fear of being cut off. After learning the correct diagnosis, The committee also adopted an Another concern that has been ex- Mr. Reinstein had to have major sur- amendment that provides accelerated pressed, and I want to address it, is gery to remove his left lung, his dia- payments for terminally ill victims so that the legislation will harm small phragm, and the lining around his they can get their awards quickly, once businesses by requiring payments to heart. The surgery to save his life was the fund becomes operational. The bill the fund that are well beyond the so extensive it nearly killed him. He protects cases that have a verdict, final means of these small businesses. Under and his wife Linda today face his con- judgment, or final order issued by a this bill, small businesses, as defined tinued health problems from mesothe- trial court and cases in trial or those under section 3 of the Small Business lioma. As a matter of fact, he is a very that have an enforceable settlement so Act, are explicitly exempt from having rare case and the only person I know of that victims who have had their claims to contribute to the fund. who has survived for more than 1 year resolved are not suddenly uprooted. Let me repeat that. Under this bill, with mesothelioma. And this legislation prevents sub- small businesses, as defined under sec- Billy Speicher from Ontario, CA, rogation of awards, ensuring that vic- tion 3 of the Small Business Act, are spoke of his experience with mesothe- tims’ awards cannot be reduced. explicitly exempt from having to con- lioma before the Judiciary Committee As everybody has said, this bill is not tribute to the fund. At the same time, around this time last year. He dis- perfect. However, given the current these companies will receive the pro- cussed how he was exposed to asbestos state, I think it is an important solu- tections provided under the legislation. while serving as an aircraft mechanic tion to help provide relief to both vic- They don’t have to contribute, and for the Marine Corps in the late 1950s tims and businesses. My understanding they will receive the protections pro- and again as a pipefitter from 1965 to is that the chairman will have a man- vided under the legislation—meaning 1999. He stated that in his jobs: agers’ package that will further clarify they cannot be sued. Asbestos was everywhere. It was all over and make improvements to the bill as For example, manufacturing compa- me and all over everyone who worked near well. I urge my colleagues to look care- nies that have fewer than 500 employ- me . . . At first the doctors I was seeing for fully at that managers’ package be- ees will qualify as a small business. two years kept telling me I had asthma— cause many improvements have in fact Some categories of manufacturing, in- even though I had CAT scans that showed been made. cluding chemical manufacturing, will my lungs were scarred. But finally the fluid During this huge undertaking, there built up so much in my lungs they realized I qualify if they have fewer than 750 em- had mesothelioma. have been many concerns raised and ployees. Now I’m living with a lot of pain—and I criticisms levied against the bill. At It is also important to remember can barely get my breath. [I] can’t hardly every step, Senators SPECTER and that companies are only required to sleep at night either. You know that meso- LEAHY have attempted to address any pay if they have already expended thelioma is a death sentence. flaws or ambiguities. This has not been money on asbestos claims. They only These stories illustrate the personal a ‘‘take it or leave it’’ piece of legisla- pay if they have already expended tragedies asbestos has caused. Unfortu- tion. I know of no chairman or ranking money on asbestos claims. Smaller nately, these two men are not alone. member who have been more receptive companies that had not incurred asbes- So the question is what to do, and to looking at changes and evaluating tos liability-related costs of $1 million many people think: Just leave it up to them. or more before December 31, 2002, are

VerDate Sep 11 2014 14:48 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00023 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK1\BR07FE06.DAT BR07FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 1010 CONGRESSIONAL RECORD—SENATE February 7, 2006 exempt from having to contribute to tion gives the administrator of the We cover that possibility as well. the fund. fund the authority to borrow from If the offer is rejected because it is In addition, for those companies commercial and government lending less than the individual would have re- which are not exempt from having to institutions. ceived under the fund—in other words, contribute to the fund, the bill tiers Finally, if the projections are wrong the company makes an offer but it is a companies by size and amount of liabil- and the amount of money available low offer—the companies have 20 days ity. The current tort system provides proves to be insufficient in the long to make a new offer or else they are pe- no protections for small businesses and run, victims will be allowed to return nalized. allows any company of any size, no to the courts. Under these settlement agreements, matter how small, to be sued into With this safety net, carefully claims are to be paid to mesothelioma bankruptcy. thought out and eagerly debated, this victims, with 50 percent of the claim to Another argument made against the legislation ensures that no one is left be paid within 30 days after the settle- bill is that there is inadequate funding without an avenue for recourse. ment is accepted, and the other 50 per- to cover all future asbestos claims. Another argument opponents of the cent within 6 months after the settle- Trying to project how many individ- bill make is that victims will be forced ment is accepted. uals will make claims is clearly an in- to wait years before they receive com- Other terminal victims are to be paid exact science—if you can each call it a pensation. 50 percent of the claim to be paid with- ‘‘science.’’ Even the Manville Trust, an While California has a system to pro- in 6 months after settlement is accept- almost 20-year-old trust that was cre- vide expedited trials when a victim is ed, and 50 percent within 1 year after ated after the bankruptcy filing of the terminally ill, victims in most States settlement is accepted. Johns-Manville Corporation, has had to across the country are forced to wait If after 9 months, as I said, the termi- alter its projections time and time years before they can have their cases nally ill individual has still not had again. Since we do not know how many brought before a judge or a jury. And their claim processed or fully paid, people have been exposed to asbestos often, even after the case is heard and then they may return to the court. and, of those, who will develop a dis- decided, or a settlement is reached, This has been hard fought for, and ease, we must rely on protections based payments can still be stretched out for this is the fail-safe in this legislation. on sound calculations and real-world several months or even years. I think it is fair to say that the compa- Due to the long delays in other experiences of other trust funds. The nies would like to avoid this. I don’t States, I have fought throughout this size of the fund is based on the strong- know if Senator SPECTER would agree process to ensure that the fund follows est statistical data and economic mod- with that, but I found that to be true. els available. A leading actuary with California’s example and resolves claims of terminal individuals as And, therefore, this ability to go back Tillinghast-Towers Perrin testified be- into court if you are terminally ill and fore the committee on June 4, 2003, quickly as possible. An amendment was adopted in com- you are not paid right away is an added that ‘‘$108 billion appears to be more protection that you will get paid. than adequate,’’ while RAND Corpora- mittee that ensures once the trust fund becomes operational, individuals who Finally, I want to address the argu- tion estimates the remaining future ment that this bill creates a new enti- cost of asbestos-related loss and ex- have mesothelioma are paid in one lump sum within 30 days after their tlement program and will cost the peo- pense at $130 billion. ple millions of dollars. This is simply By using a no-fault administrative claims are approved, or within 6 untrue. system, the fund will significantly re- months after their claims are filed, According to the Congressional Re- duce the substantial transaction costs whichever is shorter. search Service, entitlement programs of the current tort system, costs that Let me repeat that because that is are a form of mandatory spending, most experts agree consume more than important. which ‘‘require the payment of benefits half of the total amount being ex- Mesothelioma victims are paid in one to persons . . . if specific criteria es- pended. Of the $130 billion of future as- lump sum within 30 days after their tablished in the authorizing law are bestos-related costs, it is estimated— claims are approved, or within 6 met,’’ and they are not subject to dis- and listen to this carefully—it is esti- months after their claims are filed, mated that approximately $28 billion, whichever is shorter. What we are try- cretionary appropriations from Con- or 21.5 percent, is attributable to de- ing to do is prevent the delay in pay- gress. Entitlement payments are legal fendant costs and approximately $41 ment to someone who is terminally ill. obligations of the Federal Government, billion, or 40 percent, will go to plain- Other terminally ill claimants, indi- and beneficiaries can sue to compel full tiffs’ attorneys. So there you have 61.5 viduals who have been diagnosed with payment. percent going to lawyers. less than a year to live, must be paid That is not the case here. The fund I understand how lawyers feel, but within 6 months after their claims are created by this legislation will be pri- 61.5 percent of the total amount going approved, or 1 year after their claims vately funded. The money collected for to lawyers means that amount of are filed, whichever is shorter. the fund comes from businesses and in- money is not going to victims. Because During the committee consideration surance companies—not from the U.S. of these transaction costs, if we con- of the bill, we also adopted an amend- Treasury. tinue in the current system, less than ment to speed up payments to termi- Although the program will be housed 40 percent of the $130 billion estimate nally ill individuals while the adminis- in the Department of Labor, the bill of future asbestos-related loss and ex- trator is attempting to get the fund up ensures that all expenses, including ad- pense—less than 40 percent will be paid and running. This amendment provides ministrative expenses, are paid by the to asbestos victims. for a process whereby terminally ill moneys collected from businesses and This legislation provides for $140 bil- victims can receive a settlement di- insurers. lion to come into the fund over 30 years rectly from the administrator or In addition, as an extra protection, it without the transaction costs of the claims facility even before the fund is is expressly stated several times legal system, allowing for more money operational. So the first people to be throughout the bill that nothing in the to go to victims. The bill, as amended, served before the fund is operational act shall be construed to create any ob- obligates defendant and insurer par- are terminally ill victims. ligation of funding from the United ticipants to contribute $136 billion to If, for whatever reason, the adminis- States or to require the United States the fund, and at least $4 billion more trator or claims facility is unable to to satisfy any claims if the amounts in would be contributed from confirmed process or pay these claims during the the fund are inadequate. If anyone bankruptcy and other asbestos com- startup period, the companies or the doubts that, they can look up section pensation trust funds. insurers will be required to make a set- 406(b) of the bill. As an added protection against the tlement offer directly to the indi- Some have argued that the Govern- risk of insufficient funding, the legisla- vidual. ment’s liability is derived from the

VerDate Sep 11 2014 14:48 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00024 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK1\BR07FE06.DAT BR07FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE February 7, 2006 CONGRESSIONAL RECORD—SENATE 1011 provision that allows borrowing from process, and she has done a great job in of about $3 million to defeat the asbes- the Federal financing bank. committee generally on many items, tos legislation. In response to an inquiry from including the one identifying victims The document obtained says this former Senator Don Nickles on a pre- whose identities are stolen, legislation bill’s ‘‘defeat could bring an end to the vious version of this bill, the GAO stat- we are trying to bring to the floor now. trust fund as a viable political option ed that ‘‘[t]o ensure that the govern- But I think the speech she just made for addressing the asbestos litigation ment incurs no liability for repayment was a fine hour, perhaps her finest crisis. Therefore, coalition activities of borrowing under the act, Congress hour, in identifying their very serious leading up to that vote should be com- may wish to explicitly state that re- problems. mensurate with the opportunity pre- payment of borrowing is limited solely Mrs. FEINSTEIN. I thank the Sen- sented to us to defeat the trust fund to amounts available in the fund.’’ ator very much. once and for all.’’ That is what Senator SPECTER did. Mr. SPECTER. Mr. President, the This coalition document then speci- The bill expressly provides that crux of what Senator FEINSTEIN has fies how they are laying out $2.78 mil- ‘‘[r]epayment of moneys borrowed by had to say is proof positive that we lion for defeating the bill, allocating the administrator . . . is limited solely ought to proceed. There is no doubting $1.34 million for coalition operations to amounts available in the [Fund].’’ the problem. The only issue is whether and $1.44 million for advertising. It also states that ‘‘Nothing in this we ought to take up the bill and work Then there is a specification as to Act shall be construed to create any on it. Anybody who votes against tak- the companies that are trying to defeat obligation of funding from the United ing up this bill will be casting, in my the bill, such as American Inter- States Government, including any bor- opinion—it is a tough word, a tough national Group, Allstate, American Re, rowing authorized . . . ’’ term—an unconscionable vote, consid- a reinsurance provider, the Chubb Cor- With these explicit statements ering how many thousands of people poration, Hartford Insurance, Liberty throughout the bill, it is abundantly have suffered from deadly diseases and Mutual, Nationwide Insurance, and Zu- clear that this legislation would not be how many companies have gone bank- rich Financial. Each has received bills, a burden on the U.S. Treasury. rupt—at least to proceed to take it up. according to this document, for In conclusion, from the beginning it I haven’t seen any Senator who has ad- $134,250. ExxonMobil paid $73,000 to the has been clear that creating a national dressed the issue on the floor who coalition. I shall not read any further, but I ask asbestos trust fund is an extraor- hasn’t at least faced up to the fact that unanimous consent that it be printed dinarily complex undertaking. This has we have a problem that ought to be ad- in the RECORD at the conclusion of my been a compromise effort and there are dressed. Occasionally, we do consider comments. numerous issues where competing in- the merits of a pending motion. The The PRESIDING OFFICER. Without terest groups have come together, such merit of a motion to proceed is wheth- objection, it is so ordered. as the creation of a no-fault adminis- er there is a problem which ought to be (See exhibit 1.) trative system, the equitable alloca- taken up. If somebody has a better bill, Mr. SPECTER. Mr. President, I also tion of contributions, the establish- let them come to it. think it is relevant to note an editorial ment of reasonable medical standards, I am going to speak very briefly be- in the New York Times today which is the resolution of pending claims and cause our distinguished colleague from solidly in support of this bill. The settlements, fair compensation values, Alabama, Senator SESSIONS, is on the Times editorial refers to the efforts of and transparency of the system to both floor. He, too, has been a major con- Senator LEAHY, the distinguished rank- victim and corporate stakeholders tributor. ing member and principal cosponsor alike. That is very important. First, I wish to thank Senator CAR- with me, and says: However, I must say it often seemed PER for his speech in support of the mo- That makes it a 21st century rarity; a that with every solution and com- tion to proceed earlier. I think there is thoughtful, bipartisan compromise on a vex- promise, more concerns and problems Democratic support. Senator LEAHY, of ing national problem. It would create a trust would arise. In the end, there are some course, is a cosponsor, Senator KOHL is fund to pay awards to those who are already provisions I think all sides would like a cosponsor, Senator FEINSTEIN has sick, using detailed medical criteria to de- termine eligibility and awards. Under this to change, but compared to the short- spoken, Senator CARPER has spoken, no-fault system, akin to workers’ compensa- falls in the current system, this is a and others have stated their intention tion, those exposed to asbestos at work but strong solution and a good com- to move to take up and consider the not ill would be entitled to free medical promise. bill. Senator HATCH’s comments were screening every three years. I hope Members will vote to close off very important. He is the author of the And the Times editorial goes on to debate and that we will be able to pass trust fund concept, and chaired the Ju- point out: this important piece of legislation. diciary Committee before term limits Lobbyists for the trial lawyers, at various I thank the Chair. I yield the floor. called for a shift in chairmanship. He companies, insurers and union interests that The PRESIDING OFFICER. The Sen- did a great job. Senator DEWINE has feel aggrieved by some aspect of the complex ator from Pennsylvania. spoken in a very important way. package are trying to round up lawmakers to Mr. SPECTER. Mr. President, I I want to put into the RECORD a cou- block the bill. A key test is to come today, thank the distinguished Senator from ple of newspaper articles which I think when the majority leader, Bill Frist, has California for the comments which she are very germane. scheduled a vote to allow the Senate to begin formal consideration of the bill. Mr. Reid is has made. They are thoughtful, they Senator REID and I had a conversa- trying to derail the measure even before the are profound, they go to the heart of tion about the bill yesterday, with Sen- debate begins in earnest, and Democrats who the question, and they illustrate the ator REID making the accusation that want to see asbestos victims treated fairly need for legislation. I thank her even lobbyists paved the way for this bill to should not support him. more for the great contribution she has come to the floor. On the floor, in his There are other dangers ahead, including made to the bill as it has moved presence, I challenged him as violating the possibility of a ‘‘poison pill’’ amendment through the committee process. She rule XIX which bars a Senator from that would expand to other communities a has devised some of the key sections of making derogatory comments about special provision that would make residents of Libby, Mont., a town uniquely affected by the bill, starting with the handling of another Senator. asbestos contamination, eligible for a guar- exigent claims to see to it that people This morning, in the Hill publication anteed level of compensation without a need with mesothelioma and other deadly there was the disclosure of a fas- to show occupational exposure. Another diseases are handled at a very early cinating document which the Hill ob- worry is that some Republicans will try to stage in the proceeding. tained from a coalition opposing the amend provisions or medical criteria in ways We have worked together countless bill. This document, which is published that would be unfair to victims. hours in her office, in my office, with at some length in the Hill, points out The New York Times editorial con- many other Senators in the committee that nearly 20 corporations paid a total cludes, saying:

VerDate Sep 11 2014 14:48 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00025 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK1\BR07FE06.DAT BR07FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 1012 CONGRESSIONAL RECORD—SENATE February 7, 2006 No one can be sure that $140 billion will over the next two weeks, leading up to the way to pay asbestos-related claims and to cover all current and future claims. But the Presidents Day recess. Strategists leading settle a blizzard of ongoing and potential bill would give victims the option of going to the opposition view the debate as an oppor- lawsuits that has dragged on for years. court should the trust fund run out. It would tunity to defeat the creation of such a trust The bipartisan proposal has garnered oppo- be a vast improvement over the present fund permanently. sition from groups of labor unions, trial at- method of dealing with the claims of asbes- ‘‘Majority Leader Frist’s agreement with torneys, midsize manufacturing companies tos victims, which is to clog the courts and Chairman [Arlen] Specter [R-Pa.] to put S. and insurance companies. Unions have bankrupt companies while depriving many 852 on the Senate floor for a vote, in the face pushed for more money in the trust fund and victims a measure of justice. of opposition from the Judiciary Committee trial attorneys oppose the concept because it conservatives and Budget Committee leader- curbs litigation. Midsize companies have I ask unanimous consent that the balked at how much they must pay into the full text of this editorial be printed at ship, has increased the stakes of that vote beyond its important role in the legislative fund, and insurance companies are worried the conclusion of my comments. process,’’ Kieran Mahoney, a strategist with about their liability if it runs out of money. But a significant portion of the business The PRESIDING OFFICER. Without Mercury Public Affairs, wrote in a private community supports Specter and Leahy’s ef- objection, it is so ordered. memo to the Coalition for Asbestos Reform. forts. (See exhibit 2.) The firm Fleishman-Hillard is also coordi- ‘‘There are numerous supporters of the Mr. SPECTER. Mr. President, in nating the lobbying effort. trust fund,’’ said Matt Webb, vice president order to make other documents avail- ‘‘This has become a do-or-die opposition of the U.S. Chamber of Commerce’s Institute able, I ask unanimous consent that a for the advocates of the Trust Fund, and its for Legal Reform, which has not taken a po- series of letters be printed in the defeat could bring an end to the Trust Fund sition on the bill. as a viable political option for addressing the RECORD. I think it important that ‘‘It’s impossible to say how many are in asbestos litigation crisis,’’ Mahoney wrote. each camp, it depends on each individual these be available in the RECORD for ‘‘Therefore coalition activities leading up to company’s financial situation and legal situ- Senators and their staffs and for the that vote should be commensurate with the ation.’’ public to see the kind of support this opportunity presented to us—to defeat the The coalition’s document includes a list of bill has. Trust Fund once and for all.’’ member companies and how much they’ve Yesterday, Senator REID and I had a The memo was contained in a 22-page in- been asked to contribute to the opposition few words about a number of groups ternal planning document detailing the Coa- effort. who are for the bill and who are lition for Asbestos Reform’s strategy. The Donors such as American International Group; Allstate; American Re, a reinsurance against the bill. This letter is from bill is sponsored by Specter and cosponsored by Sen. Pat Leahy (Vt.), the ranking Demo- provider; Chubb Corp.; Hartford Insurance; many veterans groups urging Senator crat on the Judiciary Committee. The docu- Liberty Mutual; Nationwide Insurance; and REID not to filibuster the bill. They ment, crafted at the end of last year, is Zurich Financial have each received bills for say: available on The Hill’s website, http:// $134,250 to pay for operating and advertising We urge you not to stand in the way of full img.thehill.com/img/news/020706/asbestos.pdf costs, according to the document. Senate consideration of this vital legisla- It lays out a $2.78 million budget for de- Oglebay Norton, an industrial-minerals tion. feating the bill, allocating $1.34 million for company, and Okonite Co., an electrical-wire manufacturer, have received bills for $55,000. And the number of veterans groups is coalition operations and $1.44 million for ad- vertising. Bills for varying amounts have been sent to enormously impressive, including the Fleishman-Hillard and Mercury Public Af- other member companies. Exxon Mobil paid $73,000 to the coalition Veterans of Foreign Wars, the Para- fairs are charging $510,000 in fees and $80,000 but is not a member, said Thomas O’Brien, lyzed Veterans of America, The Retired in expenses for their work over the first four chairman of the coalition, who will receive Enlisted Association, the Blinded months of the year, according to the docu- $100,000 for his work over January, February, ment. American Veterans Foundation, the March and April, according to the document Jewish War Veterans of the USA, and In his memo, Mahoney writes that the ad- O’Brien declined in a phone interview to quite a number of veterans organiza- vertising campaign will be built around ‘‘cre- discuss what other companies have joined ating political will inside three audiences— tions which will appear in the RECORD. the coalition or if the billing records accu- moderate/conservative Democrat Senators rately represent the contributions of coali- I also have printed letters of support who are deemed persuadable, conservative from the NFIB and a letter signed by tion members to date. Democrat Senators who are deemed persuad- ‘‘Things change every day,’’ he said during manufacturers, labor groups, small able, conservative Republican senators the interview in which Bill Fay of business, and 25 additional veterans whose current opposition needs to be turned Fleishman-Hillard also participated. ‘‘That groups. into a ‘‘no’’ vote, and DC opinion leaders who was a planning document. As Bill said, that I ask that these documents be print- collectively make up conventional wisdom. document was not for public dissemination, I ed in the RECORD so colleagues can see Opinion leaders are being targeted by ad- wouldn’t comment on it.’’ the kind of support this bill has. By vertising through national cable networks, O’Brien and Fay said that the time for D.C. broadcast stations and Capitol Hill Congress to act was several years ago but doing this, they get into the CONGRES- print outlets. that states such as Texas have now taken SIONAL RECORD, and the people note the Senators are being targeted through TV steps to deal with the slew of medical claims. support. and print ads in select markets in key They said that the Senate bill would wreck The PRESIDING OFFICER. Without states. those efforts. objection, it is so ordered. The business groups are leaving the per- (See exhibit 3.) suasion of liberal-leaning senators to trial EXHIBIT 2 Mr. SPECTER. My distinguished col- lawyers and unions. [From the New York Times, Feb. 7, 2006] league from Alabama has been waiting. ‘‘Separately, the Coalition needs to ensure JUSTICE FOR ASBESTOS VICTIMS that the trial bar and related advocacy In advance, I thank Senator SESSIONS Just last week, the Democrats’ Senate groups are preparing a similar strategy that leader, Harry Reid of Nevada, failed to mus- for his outstanding work on this com- targets liberal Democratic Senators,’’ the mittee generally but especially on this ter the gumption to try to stop the nomina- Mercury Public Affairs memorandum stated. tion of a right-wing ideologue to a lifetime bill. The campaign appears to have gained trac- seat on the Supreme Court. So it’s shocking EXHIBIT 1 tion, as Senate Minority Leader Harry Reid to hear Mr. Reid threatening now to block a [From The Hill, Feb. 7, 2006] (Nev.) has vowed to filibuster it and conserv- bipartisan bill that would finally bring jus- ative Republicans on the Judiciary Com- AIMING AT ASBESTOS BILL tice and compensation to victims of asbes- mittee such as Sens. John Cornyn (R-Texas) tos-related diseases. We can’t imagine what (By Alexander Bolton) and Tom Coburn (R-Okla.) have voiced con- Mr. Reid is trying to achieve, other than Nearly 20 corporations have paid a total of cerns over the bill. showing fealty to the trial lawyers who have about $3 million to defeat the asbestos trust- It passed out of the Judiciary Committee been so generous to his party. fund bill, which Senate Majority Leader Bill with the support of all Republican members The Senate should approve the bill, which Frist (R-Tenn.) has designated his first pri- and Sens. Leahy, Dianne Feinstein (D-Calif.) would replace the current morass of asbestos ority in 2006, according to a coalition plan- and Herb Kohl (D-Wis.). litigation with a $140 billion fund to pay the ning document obtained by The Hill. Manufacturing and insurance companies claims of victims of asbestos exposure. The The Senate will consider the bill, which es- have long sought a trust fund to pay asbes- fund would be financed by makers of asbes- tablishes a $140 billion trust fund to com- tos-related medical claims and to avoid cost- tos, a carcinogenic material, and manufac- pensate the victims of asbestos exposure, ly lawsuits. Partisan wrangling over the best turers that used it, and their insurers.

VerDate Sep 11 2014 14:48 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00026 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK1\BR07FE06.DAT BR07FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE February 7, 2006 CONGRESSIONAL RECORD—SENATE 1013 It is the product of an assiduous effort by receiving the compensation they deserve. fix a badly broken system that is not work- Senator Arlen Specter, the Republican who Sick veterans—and indeed, all victims—de- ing and, in the process, compensate victims is chairman of the Judiciary Committee, and serve better than political gamesmanship on faster. In addition to lawsuit relief, the legis- Senator Patrick Leahy, the committee’s sen- this critical issue. We urge you not to stand lation relieves small businesses with either ior Democrat. That makes it a 21st-century in the way of full Senate consideration of low or no asbestos liability from having to rarity: a thoughtful bipartisan compromise this vital legislation. pay into the compensation fund. No business on a vexing national problem. It would cre- The FAIR Act is more than overdue. The that meets the Small Business Administra- ate a fund to pay awards to those who are al- Senate has been debating these reforms for tion description of a small business can be ready sick, using detailed medical criteria to years. Sick victims, including sick veterans, required to pay a penny into the fund. Nor determine eligibility and the awards. Under shouldn’t be forced to wait for help any will any small business that has carried less this no-fault system, akin to workers’ com- longer. than $1 million in asbestos expenditures be- pensation, those exposed to asbestos at work Sincerely, fore December 31, 2002 have to pay into the but not ill would be entitled to free medical Air Force Sergeant Association. fund. screening every three years. American Ex-Prisoners of War. This legislation will help prevent small Lobbyists for trial lawyers, and various Blinded American Veterans Foundation. businesses from having to spend the time companies, insurers and union interests that Blinded Veterans Association. and money to defend themselves in asbestos feel aggrieved by some aspect of the complex Fleet Reserve Association. lawsuits. It takes a significant step towards fixing part of our litigation crisis that hurts package, are trying to round up lawmakers Jewish War Veterans of the USA. business, big and small, and ultimately to block the bill. A key test is to come Marine Corps League. keeps the victim from receiving compensa- today, when the majority leader, Bill Frist, Military Officers Association of America. tion. has scheduled a vote to allow the Senate to Military Order of the Purple Heart. Thank you for your support of small busi- begin formal consideration of the bill. Mr. National Association of Black Veterans. ness. Reid is trying to derail the measure even be- Non Commissioned Officers Association. Sincerely, fore the debate begins in earnest, and Demo- National Association of Uniformed Serv- DAN DANNER, crats who want to see asbestos victims treat- ices. Executive Vice President, ed fairly should not support him. National Association of State Directors of Public Policy and Political. There are other dangers ahead, including Veterans Affairs. the possibility of a ‘‘poison pill’’ amendment Paralyzed Veterans of America. JANUARY 26, 2006. that would expand to other communities a Pearl Harbor Survivors Association. Hon. BILL FRIST, special provision that would make residents The Retired Enlisted Association. Majority Leader, U.S. Senate, Capitol Building, of Libby, Mont., a town uniquely affected by Veterans of the Vietnam War, Inc. Washington, DC. asbestos contamination, eligible for a guar- Veterans of Foreign Wars of the US. Hon. HARRY REID, anteed level of compensation without a need Women in Military Service for America. Minority Leader, U.S. Senate, Capitol Building, to show occupational exposure. Another Memorial Foundation, Inc. Washington, DC. worry is that some Republicans will try to U.S. Submarine Veterans, Inc. DEAR MAJORITY LEADER FRIST AND MINOR- amend the payment provisions or medical U.S. Submarine Veteran, Inc., Lockwood ITY LEADER REID: We, the undersigned, urge criteria in ways that would be unfair to vic- Internet Base. you to bring the Fairness in Asbestos Injury tims. U.S. Submarine Veterans of World War II. Resolution Act of 2005 (the FAIR Act—S. 852) No one can be sure that $140 billion would U.S. Submarine Veterans Base Rhode Is- to the floor of the United States Senate for cover all current and future claims. But the land. debate and consideration. Although we all bill would give victims the option of going to U.S. Submarine Veterans World War II come from a variety of perspectives, we court should the trust fund run out. It would Thames River Chapter. agree it is time for Congress to enact mean- be a vast improvement over the present U.S. Submarine Veterans World War II ingful asbestos reform through establish- method of dealing with the claims of asbes- Central Connecticut Chapter. ment of a well-constructed federal trust tos victims, which is to clog the courts and fund. bankrupt companies while still depriving NATIONAL FEDERATION Our country faces an asbestos litigation many victims a measure of justice. OF INDEPENDENT BUSINESS, crisis with claims rising exponentially and Washington, DC, February 6, 2006. the backlog of cases ever increasing. To date, EXHIBIT 3 Hon. ARLEN SPECTER, 74 companies have gone bankrupt due to as- bestos litigation with 60,000 jobs lost and the JANUARY 31, 2006. U.S. Senate, Hart Senate Office Building, cost to the U.S. economy estimated at $343 Hon. HARRY REID, Washington, DC. billion. The continuing costs and uncertain- Democratic Leader, U.S. Senate, DEAR SENATOR SPECTER: On behalf of the ties of the current situation are harmful not Washington, DC. 600,000 members of the National Federation only to the asbestos victims with legitimate DEAR SENATOR REID: Veterans across the of Independent Business, I am writing to ex- country who are afflicted with asbestos-re- press our support for S. 852, ‘‘The Fairness in claims, but also to employees, retirees, shareholders, customers of defendant compa- lated diseases would at last get compensa- Asbestos Injury Resolution (FAIR) Act of nies and insurers and to U.S. consumers. tion and relief under the Fairness in Asbes- 2005.’’ The FAIR Act will help protect inno- The FAIR Act will go a long way toward cent small business owners from the asbestos tos Injury Resolution (FAIR) Act. But ac- solving many of the injustices of the current litigation crisis that now threatens their cording to a number recent media reports, system. First, and most importantly, a well- business. you have labeled the FAIR Act as a bill that constructed trust fund will provide sick vic- Asbestos lawsuits against small businesses caters to special interests and have informed tims of asbestos exposure with the fast, cer- are on the rise. After years of suing large Majority Leader Frist in writing that you tain, and fair compensation they deserve. corporations for multi-million dollar damage will oppose this critical legislation. In all Such a trust fund will provide compensation frankness, your words and actions are ex- awards, ‘‘traditional’’ asbestos manufactur- to many sick veterans who are barred from tremely disappointing to veterans across ers and defendants are mostly bankrupt. As seeking compensation through the courts. this nation—surely you do not consider sick a result, asbestos litigation now targets Additionally, the legislation includes signifi- veterans to be a ‘‘special interest’’? companies far removed from any potential cant protections for small businesses. The FAIR Act will provide proper com- wrongdoing, including small businesses. This Indeed, our nation’s governors working pensation to sick men and women who vol- relatively untapped pool of defendants is an through the National Governors Association unteered to fight for our country—compensa- attractive target for trial lawyers since called for federal legislative action on the tion they simply can’t get under the current small-business owners and their insurers can asbestos crisis in a resolution adopted at system. The military used asbestos through- be forced to pay millions of dollars in dam- their annual meeting in July, 2005. S. 852 is out its facilities, bases, and ships during and ages. Horrifying for a small-business owner a bipartisan compromise approved over- after World War II, and countless veterans is the prospect that they can be hauled into whelmingly by the Senate Judiciary Com- were exposed to this deadly material. But be- court without having any relationship to as- mittee by a 13 to 5 vote. We believe that the cause the U.S. government has asserted sov- bestos or the plaintiff. Many small busi- time is now for the Senate’s consideration of ereign immunity, these sick veterans are un- nesses are forced to settle because they don’t this important legislation that will lead to able to seek compensation from the govern- have the money or time to be away from the meaningful reform our country needs ment through the courts. their businesses. Not only do they face the and deserves. The FAIR Act’s victims’ trust fund would stigma of having to settle, and the loss of Please move forward on S. 852. It is a solu- open a door for veterans that has been closed time and money, but they will likely also ex- tion to the asbestos litigation crisis that will for years. perience higher insurance rates. ensure fair and timely compensation for vic- We are disappointed that you are trying to By creating an alternative compensation tims and certainty and finality for busi- keep that door closed and stop veterans from system to resolve asbestos claims, S. 852 will nesses, workers, and the US. economy. All

VerDate Sep 11 2014 14:48 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00027 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK1\BR07FE06.DAT BR07FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 1014 CONGRESSIONAL RECORD—SENATE February 7, 2006 Americans stand to benefit from the resolu- International Union of Painters and Allied Tennessee Chamber of Commerce. tion of the asbestos crisis. Trades. Textile Care Allied Trades Association. Sincerely, International Union, United Automobile, USG Corporation. A&I Parts Center. Aerospace & Agricultural Implement Work- U.S. Submarine Veterans, Inc. Air Force Sergeant Association. ers of America-UAW. U.S. Submarine Veterans Inc., RI Base. Alabama Voters Against Lawsuit Abuse. Irex Corporation. U.S. Submarine Veterans WWII, Thames Albina Fuel. Jewish War Veterans of the USA. River Chapter. Alma Chamber, NE. The Kansas Chamber of Commerce. U.S. Submarine Veterans WWII, Central American Architectural Manufacturers As- Kent Bork Consulting. CT Chapter. sociation. Lane McFerrin Partners. U.S. Submarine Veterans, Inc., Groton American Boiler Manufacturers Associa- Lansing Regional Chamber of Commerce, Base. tion. MI. Utah Manufacturers Association. American Ex-Prisoners of War. Les Schwab Tire Centers. Veterans of Foreign Wars of the United American Small Business Association. Linen King. States. AMVETS, Albuquerque, NM, Post 7. Louisiana Association of Business & Indus- Veterans of the Vietnam War, Inc. AMVETS, Post 15, Los Ojos, NM. try. Wahoo Chamber, NE. Waterloo Lending. The Asbestos Alliance. Louisiana Pulp and Paper Association. Whalen’s Furniture. Asbestos Study Group. Lumber Dealers Association of Con- Women Construction Owners & Executives, AMT—The Association for Manufacturing necticut. USA. Technology. MacDonald Direct Marketing, Inc. Women Entrepreneurs, Inc. Arizona Association of Industries. McDermott International. Marine Corps League. Women Impacting Public Policy. Associated Industries of Florida. Women in Military Service for America Associated Industries of Kentucky. Marketing and Promotion, Inc. MetLife, Inc. Memorial Foundation, Inc. Associated Industries of Massachusetts. Wunderworks. Associated Industries of Missouri. Michael Jordan Realty. Associated Oregon Industries. Michaels Menagerie. Mr. SESSIONS. Mr. President, I ap- Association of Builders and Contractors, Michigan Manufacturers Association. preciate very much the leadership of NM Chapter. Michigan Tooling Association. the chairman. We have been working Association of Builders and Contractors, Military Officers Association of America. on this idea for quite a few years. I be- LA. Military Order of the Purple Heart. Motor Parts Distributors of Modesto, CA. lieve more strongly than ever that it is Association of Washington Business. Nabholz Appraisal. time to fix this broken system. I will Austin Gene Rater. National Alliance of Wholesaler-Distribu- talk about that more. Automotive Parts and Service Association, tors. TX. If the chairman does not mind, our National Association of Black Veterans. Banner Healthcare. colleague, Senator BEN NELSON from National Association of State Directors of Beatrice Chamber. Nebraska, wanted 2 minutes. Veterans Affairs. Blinded American Veterans Foundation. I yield the floor, and I ask unanimous National Association of Uniformed Serv- Blinded Veterans Association. consent I be recognized after Senator ices. Brave Services. National Black Chamber of Commerce. NELSON. W.T. Butcher & Associates. Nebraska Chamber of Commerce & Indus- The PRESIDING OFFICER (Mr. MAR- California Manufacturers & Technology try. TINEZ). Without objection, it is so or- Association. Nebraska Lumber Dealers Association. dered. Capital Home Realty. Nevada Manufacturers Association. (The remarks of Mr. NELSON are CBS Corporation. New Jersey Business & Industry Associa- Center for Individual Freedom. printed in today’s RECORD under tion. ‘‘Morning Business.’’) Century Insurance. Non-Commissioned Officers Association. Cheyenne County Chamber, NE. North Dakota National Federation of Inde- The PRESIDING OFFICER. The Sen- Council for Citizens Against Government pendent Business. ator from Alabama. Waste. Northern Colorado Legislative Alliance. Mr. SESSIONS. Mr. President, the Crane Co. Ogallala/Keith Chamber, NE. asbestos litigation in America today is Crown Cork and Seal. Ohio Manufacturers’ Association. out of control. We have been working CS Property Brokerage. Oregonians for Jobs and Power. on fixing it for years. In a previous life, Delta Mechanical. Owens-Illinois, Inc. The Dow Chemical Company. I represented two plaintiffs, people who Pfizer Inc. were injured from asbestos, seriously H.E. Everson Company. Paralyzed Veterans of America. Fleet Reserve Association. Paralyzed Veterans of America, Mid-Amer- injured, and adversely affected in their FMC Corporation. ica Chapter. health. I was embarrassed by how long Freemont Area Chamber, NE. Pearl Harbor Survivors Association. it took, and by how many fees and Ford Motor Company. Pennsylvania Manufacturers’ Association. costs came out of those cases. I have S.A. Foster Lumber. People Dynamics, Inc. been embarrassed over the years to see G–I Holdings, Inc. The Plumbers Association, AR. Gage County Economic Development, Inc., this spasm in our legal system con- Plumbing-Heating-Cooling Contractors As- tinue daily, not dispensing justice in a NE. sociation of Nebraska. The Gasoline & Automotive Service Deal- Pneumo Abex LLC. fair and legitimate way. ers of America, Inc. Preferred Utilities. We know from a Rand study and from General Electric Company. Realty Executives. our own experience that 58 percent of General Motors Corporation. Red Drum Investments. the money paid out by these defend- Georgia Industry Association. RPM International. ants does not go to the people who are Grand Island Area Economic Development The Retired Enlisted Association. sick; it goes to lawyers. Somebody Corporation. RetireSafe. made an interesting point—I believe it Great American Insurance Company. River Country Economic Development, NE. was Senator DURBIN—that actually a Greater North Dakota Chamber of Com- Sack Lumber. merce. Saint-Gobain Corporation. slightly higher percentage of money Hanna Prime, Inc. Santa Fe Chamber of Commerce, NM. goes to defense lawyers than to the Hedahls, Inc. Saulsbury Industries. plaintiffs’ lawyers. Regardless which Honeywell International Inc. The Seniors Coalition. side receives the money, over half of it Hurley Auto Parts. Shreveport Rubber and Gasket. is going to lawyers. Illinois Manufacturers Association. Small Business & Entrepreneurship Coun- If you are sued for $50 million and Indiana Manufacturers Association. cil. your corporation hires the best legal Industrial Fasteners Institute. South Carolina Chamber of Commerce. International Association of Heat & Frost State Chamber of Oklahoma. team possible and spends all this Insulators & Asbestos Workers. Steel Manufacturers Association. money, and there are court costs and International Association of Plastics Dis- Sterling Heights Area Chamber of Com- depositions and fees for experts, it eats tributors. merce, MI. you up. When the judgments come out,

VerDate Sep 11 2014 14:48 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00028 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK1\BR07FE06.DAT BR07FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE February 7, 2006 CONGRESSIONAL RECORD—SENATE 1015 often after years of work, very little verdict and you get 5 cents on the dol- have a trial to prove that their injuries money goes to the victim. It is not lar, how fair is that? are the result of negligence or fault on right. It is the worst performance by In my hometown of Mobile, AL, the another party; they just make a claim the legal system, in my view—other Mobile Register, which has done a con- and get paid based on the severity of than discrimination based on race in siderable, superb investigative effort injury. They do not have to prove cau- our past—since the founding of the Re- into some of the abuses in this system sation or negligence. public. This cannot be justified, al- which are prominent along the gulf For asbestos victims who are the though it is happening this very day in coast because we have a lot of asbestos most ill, like those with mesothelioma, courts all over America. exposure in the shipyard industry, said: the bill provides for an expedited Over 700,000 individuals have filed as- The biggest beneficiaries of the asbestos- claims process and payment system. It bestos claims, and as many as 300,000 of related lawsuits tend not to be people with is really expedited. Fifty percent of the those claims are pending today. The health problems, but the lawyers and the for- $1.1 million a person with meso will be number of asbestos defendants started profit lung testing companies they hire. entitled to receive will be paid within out at 300. These defendants were the There has been a tremendous scandal 30 days, and the rest in 6 months. people who made the asbestos, who over that. One courageous Federal Now, we have seen in the paper, we shipped it out, who at some point be- judge has blown the whistle on it and have heard here on the floor, and we came aware that asbestos was dam- perhaps broken that system up. But it have heard from people who have come aging to their health—they put no is just one more example of the many to the Hill, like widows of persons who warnings on it—and just sent it out. abuses in the current system. have died from mesothelioma, just how Those people were the original asbestos Now, the U.S. Supreme Court has long it takes to get compensation defendants. The original plaintiffs were seen this matter from the perspective under the tort system. Meso is a deadly disease that is, indeed, connected to as- directly harmed by their actions. For of the legal system. They are looking bestos. Of that I think there is little example, my client was in a submarine, down at the 300,000 claims that are dispute. That is why this legislation sawing asbestos with an electric saw in pending all over America. They are says that if you have mesothelioma that confined space, breathing untold seeing that things are not going as and you have been exposed to asbestos, amounts of asbestos. By his early fif- they should. So in 1991, the Judicial you walk in with a doctor and they will ties, he was on oxygen. That is reality. Conference Committee—this is the pay you $1.1 million, and you do not That happened. judges’ committee that represents all even need a lawyer. You get all of your Today, we have people who worked in the Federal judges in America, ap- compensation, and you do not have 60 a repair shop who claim somehow the pointed by the Chief Justice of the percent of the money taken out for fees brakes had asbestos in them and are United States—said the asbestos situa- and costs, and the money will be paid now responsible for a disease they may tion had ‘‘reached critical dimensions.’’ promptly. Isn’t that the way the sys- have. And it may not be true. The dam- Then they went on to say that the tem should work? age is much less in many of these in- courts were ‘‘ill-equipped’’ to address But we have had these widows and stances than it was for my client and these mass claims in any effective other victims coming here, telling us others like him. Yet under the current manner. This statement was signifi- how long it takes to get their money. I system, these shaky claims get com- cant because the Judicial Conference began to think about it a little bit—I pensated. We need to sift through this Committee does not write us very often know Senator SPECTER has had the op- mess and create a system that will about things like this. portunity to deal with this issue, too— work. In AmChem Products v. Windsor, in and how sad it is to see people who Mr. President, $70 billion has been 1997, Justice Ginsburg, writing for the have been widowed as a result of asbes- spent today to resolve asbestos-related Supreme Court—I will note parentheti- tos. Let me say this. Widows are com- claims. Of course, less than half of that cally that Justice Ginsburg, who was ing here asking for payment as the re- $70 billion got to the victims. Compa- an ACLU lawyer, one of the more ac- sult of the death of a loved one because nies are settling claims filed by people tivist members of the Court, and cer- they have not yet gotten their money. who are not sick because they cannot tainly not a shill for the business in- Why haven’t they been paid? Because it afford to litigate. It is just that simple. dustry—said this: takes years in the current system to People who are not sick now are get- The argument is sensibly made that a na- bring the case to judgment, and then ting money as almost a nuisance or ex- tionwide administrative claims processing there is only partial judgment. Some tortion payment because the lawyers regime would provide the most secure, fair, defendants settle, some do not settle, are filing so many of these cases. It has and efficient means of compensating victims and the cases go on. And the people been driving companies into bank- of asbestos exposure. Congress, however, has not adopted such a solution. with fatal diseases such as mesothe- ruptcy at an alarming rate. lioma die before the case is ever con- There were 19 asbestos bankruptcies The Supreme Court has in essence cluded. I am telling you that is the way filed in the 1980s. Seventeen were filed issued what is a challenge, a plea to us, it works in the real world. That will in the 1990s. Between 2000 and mid-2004, really. end with this process. there were an astonishing 36 asbestos- In Ortiz v. Fibreboard Corp., Justice We have the ability to create in this related bankruptcy filings, amounting Souter, on the Supreme Court, said Senate a legal scheme for handling to more filings in the first half of this this: these cases that will end a system decade than in the prior two decades The elephantine mass of asbestos cases . . . where the real victims get pennies on combined. defies customary judicial administration and the dollar and individuals with no real We hear a lot of people saying: I calls for national legislation. . . . injuries clog up the system or get would rather sue and go through the S. 852 is a response to the Supreme windfalls. It will end a system where court system than have this national Court’s concerns. The bill establishes a lawyers are the big winners, often fund. But there may not be a defendant $140 billion trust fund, privately fund- walking away with more than half the to sue at this rate because 77 compa- ed, for the purpose of directing com- proceeds. nies have gone bankrupt. With those pensation to the individuals suffering The FAIR Act will provide greater bankruptcies, American workers have identifiable injuries as they result certainty to victims, defendant compa- lost 60,000 jobs, costing up to $200 mil- from asbestos exposure. Instead of nies, and insurers. Under the fund, vic- lion in lost wages. waiting years for their claims to go tims will be paid on a set schedule, ac- The money, as I indicated, is not get- through the tort system, the trust fund cording to their proven illness. Defend- ting to the victims. Some beneficiaries will allow legitimate asbestos victims ant companies and insurers will con- of the Manville asbestos trust fund re- to be compensated faster and on a no- tribute a set amount of money to the ceived as little as 5 cents on the dollar fault basis, meaning that the claimants fund on a predetermined timetable, al- for their claims. If there is a $1 million no longer have to go into court and lowing them to move forward and plan

VerDate Sep 11 2014 14:48 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00029 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK1\BR07FE06.DAT BR07FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 1016 CONGRESSIONAL RECORD—SENATE February 7, 2006 for their financial future. The money tice. Justice is not being done in these asbestos who are not workers but from will go to victims, not to overhead and cases. Dickey Scruggs himself says it materials carried home, the tremen- attorneys. should end. He supports this legisla- dous impact on the economy, the bank- The Democratic leader has said this tion. Does anybody say he does not ruptcies. is some sort of corrupt process, and care about victims? He has represented He has addressed in a very forceful those who want to fix this system are thousands of them, tens of thousands way the spurious, unmeritorious alle- somehow coming here with less than of them. gation about lobbyists having bought clean hands, that their judgment is I am glad to work with Chairman their way on to the floor with this bill. clouded by K Street or money. I would SPECTER and the others in support of I appreciated all of his speech, but I es- ask the Democratic leader to defend this bill. I believe his work on it comes pecially appreciated the passion there. this system, if you will. Come here and from the highest motives, the purest I ask unanimous consent that the justify what is going on in the courts motives. We can disagree on the tac- printed RECORD reflect the passion. The of America. tics, but it is offensive to me that we printer is going to have to figure out Dickey Scruggs, who lives not too far have Senators on this floor suggesting some way to reflect the passion. from my hometown of Mobile, AL, was that an effort to end this abusive and The PRESIDING OFFICER. Without the architect of the asbestos litigation. unjust system is somehow, in itself, a objection, it is so ordered. Mr. SPECTER. Is that unanimous He started the cases, and he estab- corrupt act. That is not true. consent request granted, Mr. Presi- lished the legal principles that led to Senator SPECTER and Judge Becker all of these suits around the country. of the Third Circuit Court of Appeals, a dent? The PRESIDING OFFICER. I took it He came with Senator SPECTER the senior judge and capable person, have as such, and I granted it. other day and said it is time to bring it had meetings all over this country, lis- Mr. SPECTER. Good. But it was a to an end, that this is not a legitimate tening to everybody who has an inter- terrific speech, I say to Senator SES- PECTER legal process anymore. It is not work- est in this matter. Senator S SIONS, and I thank you for it and thank ing effectively. It is an embarrassment has spent hours in these meetings— you for your leadership on this bill to us all. days, weeks, months, even. Senator generally and for your strenuous, hard It is an embarrassment to me that HATCH, as chairman of the Judiciary work and leadership on the Judiciary Congress cannot fix a system where bil- Committee before Senator SPECTER, Committee. lions of dollars are being paid out, bil- has also worked tirelessly to accommo- Mr. SESSIONS. Thank you, I say to lions of dollars—$70 billion already, date concerns. Senator SPECTER. You put your heart and 60 percent of it does not go to the For years we have been working on and soul into this effort. Nobody victims. What kind of legal system is this legislation. It is an open process. should think the effort you have gone that? The bill is out there. If it needs to be forward with, and that Senator HATCH Now, we have a lot of businesses that improved, I support that and will listen and Senator LEAHY and Judge Becker are opposing the legislation. I would to that effort. But I do not think we and others have gone forward with, is suspect their views are that they have need to drop the ball now. We are mov- for any other purpose than trying to gotten a calculator out and they have ing forward toward the goal line. We make this system better. We abso- had their accountants and lawyers get have an opportunity to provide relief lutely can improve the system. It is together, and they have calculated to victims in a way that cannot help within our grasp to do so. If we cannot that they may not pay as much under but be helpful to them, but they may pass legislation that takes the 58 per- the current system as under this bill, not know that. cent of compensation that is currently so they do not want the bill to pass. I am getting calls from victims, and not getting to the victims and allow We have plaintiffs’ lawyers who are they are saying things with written those victims to have larger amounts out there making millions of dollars messages their trial lawyers have given of money, it is our fault. We are pretty every day on this system. And there them to say. It breaks my heart. To incompetent. are defense lawyers also making mil- think, I used to be representing vic- CORETTA SCOTT KING lions of dollars on this system. They tims, so I know a little bit about this Mr. SESSIONS. Mr. President, I want object to the legislation because they matter. I am sympathetic to them. to take a moment to express some have a special interest in it. They do not know. They have no idea thoughts about the death of Coretta But we are Senators. We represent this system is going to provide more Scott King. She grew up in Perry Coun- the public interest. We have a duty and money for victims, quicker and faster, ty, AL. Her father ran a country store an obligation to defend this American with less cost than the current system. as did mine. legal system, and to make sure the They are hearing it only from one Mrs. King, in so many ways, epito- legal system has integrity. We are enti- side—their lawyer’s. mized the good background that she tled and have a responsibility to super- So it is up to us to do the right thing had and where she was raised. She car- intend it. When we see things in the and not play politics, not lose our ried those values forward throughout system that are plainly wrong, it is our nerve at this point in history. her life. She graduated from Lincoln responsibility to fix them. That is what I am glad to see Senator SPECTER High School in Marion, AL. It was an we are setting about to do with this here. If he would allow me, I wish to all-Black high school that educated the bill. It is not easy. I do not deny that. take a couple minutes at this point to offspring of former slaves from 1867 and We will continue to listen to the le- say a few words on the passing of 1970. The late Jean Childs Young, wife gitimate complaints of those who feel Coretta Scott King. of former Atlanta Mayor Andrew somehow this system will not be fair to I say to Chairman SPECTER, if you Young, was another distinguished Lin- them, and continue to make adjust- wish to comment, I did want to have a coln graduate. ments. few minutes to express my thoughts on After high school, where she was val- Senator SPECTER, Senator LEAHY, the funeral today of Coretta Scott edictorian of the Class of 1945, Mrs. and others have—we have all promised King. King accepted a scholarship to Antioch to do that, to try to, in good faith, Mr. SPECTER. Mr. President, if the College in Ohio, where she studied the work in that way. But, again, our re- Senator from Alabama will yield to me violin, singing, and piano. After grad- sponsibility is not to plaintiffs’ law- for a very brief comment about his uating from Antioch, she accepted a yers, who poured millions of dollars in presentation before moving on, I wish scholarship to attend the New England campaign contributions to one side or to thank him for those comments. I Conservatory of Music in Boston, another in these races, or businesses think he has accurately described the where she met her future husband Mar- that pour out large contributions. serious problem caused by asbestos in tin, who was also a student in Boston. What is that? Our responsibility is to this country in terms of injuring work- They got married in 1953 and the very integrity and to propriety and to jus- ers, injuring people who are exposed to next year, they were at Dexter Avenue

VerDate Sep 11 2014 14:48 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00030 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK1\BR07FE06.DAT BR07FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE February 7, 2006 CONGRESSIONAL RECORD—SENATE 1017 Baptist Church, within sight of the The President was blunt. He said he international community to believe its State Capitol of the State of Alabama. had authorized the NSA’s domestic theory that Saddam Hussein was devel- It was at this time that she and Dr. spying program, and he made a number oping weapons of mass destruction and King came to know Rosa Parks, whose of misleading arguments to defend even that he had close ties to al-Qaida refusal to give up her seat on a Mont- himself. His words got rousing applause and was somehow involved in 9/11. The gomery bus led to the civil rights from Republicans and I think even President painted a dire and inaccurate movement. Rosa Parks was arrested from some Democrats. picture of Saddam Hussein’s capability and the Montgomery bus boycott en- The President was blunt so I will be and intent, and we invaded Iraq on that sued, sparking a movement to ensure blunt. This program is breaking the basis. To make matters worse, the ad- that all citizens were treated equally law, and this President is breaking the ministration misled the country about under the law. law. Not only that, he is misleading what it would take to stabilize and re- Dr. and Mrs. King and Rosa Parks the American people in his efforts to construct Iraq after the conflict. We truly changed a system that could not justify this program. were led to believe that this was going be defended. It was a system that How is that worthy of applause? to be a short endeavor and that our treated people, because of the color of Since when do we celebrate our Com- troops would be home soon. their skin, as second-class citizens and mander in Chief violating our most We all recall the President’s ‘‘mis- not equal. It was not a defensible sys- basic freedoms and misleading the sion accomplished’’ banner on the air- tem morally or legally. American people in the process? When craft carrier on May 1, 2003. In fact, the Judge Frank Johnson got the bus did we start to stand up and cheer for mission was not even close to being boycott case, and he ruled that the breaking the law? In that moment at complete. More than 2,100 total deaths equal protection clause of the U.S. the State of the Union, I felt ashamed. have occurred after the President de- Constitution said people should be Congress has lost its way if we don’t clared an end to major combat oper- treated equally. Requiring someone to hold this President accountable for his ations in May of 2003, and over 16,600 go to the back of the bus, despite a actions. The President, of course, sug- American troops have been wounded in State statute to the contrary, did not gested that anyone who criticizes his Iraq. The President misled the Amer- represent equality. It was unconstitu- illegal wiretapping program doesn’t un- ican people and grossly miscalculated tional. The Supreme Court agreed, and derstand the threat we face. But we do. the true challenge of stabilizing and re- that gave a real boost to the civil Every single one of us is committed to building Iraq. rights movement. stopping the terrorists who threaten us In December, we found out that the During her 78 years, Mrs. King rep- and threaten our families. Defeating President has authorized wiretaps of resented the kind of character and in- the terrorists is our top national pri- Americans without court orders re- tegrity and commitment to right living ority. And we all agree that we need to quired by law. He says he is only wire- that should inspire us all. And she has wiretap them to do it. We all agree on tapping people with links to terrorists. given her best full measure. She has that. In fact, it would be irresponsible But how do we know? How do we know? seen the toils and snares of life. She not to wiretap terrorists. But we have We don’t. The President is unwilling to moved through them through her full yet to see any reason at all why we let a neutral judge make sure that that and complete time on this Earth. She have to trample the laws of the United is the case. He will not submit this pro- has run the race and is fully entitled to States to do it. gram to an independent branch of Gov- the rewards of that successful race. The President’s decision that he can ernment to make sure he is not vio- It is my honor and privilege to ex- break the law says far more about his lating the rights of law-abiding Ameri- press, on behalf of the people of Ala- attitude toward the rule of law than it cans. bama, my sympathy to the King fam- does about the laws themselves. This I don’t want to hear again that this ily, to wish them well and to say to goes way beyond party and way beyond administration has somehow shown them how our State, our Nation, and, politics. What the President has done that it can be trusted. It hasn’t. That indeed, the world is better off for the is to break faith with the American is exactly why the law requires a judge courage they displayed. people. to review these wiretaps. It is up to the I yield the floor. In the State of the Union, he also Congress to hold the President to ac- The PRESIDING OFFICER. The Sen- said that we must always be clear in count. We held a hearing on the domes- ator from Wisconsin. our principles ‘‘to get support from our tic spying program in the Judiciary Mr. FEINGOLD. Mr. President, I as- friends and allies that we need to fight Committee yesterday, where Attorney sociate myself with the eloquent re- terrorism.’’ General Gonzalez was a witness. We ex- marks of the Senator from Alabama So let’s be clear about a basic Amer- pect there will be other hearings. That with respect to Coretta Scott King. I ican principle: When someone breaks is a start. But it will take more than appreciate the opportunity to listen. the law, when someone misleads the hearings to get the job done. We know WARRANTLESS WIRETAPS public in an attempt to justify their that, in part, because the President’s Mr. FEINGOLD. Last week the Presi- actions, they need to be held account- Attorney General has already shown a dent of the United States gave his able. The President of the United willingness to mislead Congress. State of the Union Address, where he States has broken the law. The Presi- At the hearing yesterday, I reminded spoke of America’s leadership in the dent of the United States is trying to the Attorney General about his testi- world and called on all of us to ‘‘lead mislead the American people, and he mony during his confirmation hearings this world toward freedom.’’ Again and needs to be held accountable. in January 2005, when I asked him again, he invoked the principle of free- Unfortunately, the President refuses whether the President had the power to dom and how it can transform nations to provide any real details about this authorize warrantless wiretaps in vio- and empower people around the world. domestic spying program. Not even the lation of criminal law. We didn’t know Almost in the same breath, the Presi- full Intelligence Committees know the it then, but the President had author- dent openly acknowledged that he has details, and they were specifically set ized the NSA program 3 years before, ordered the Government to spy on up to review classified information and when the Attorney General was the Americans on American soil without oversee the intelligence activities of White House counsel. At his confirma- the warrants required by law. The our Government. Instead, the Presi- tion hearing, the Attorney General President issued a call to spread free- dent says, basically: Trust me. first tried to dismiss my question as dom throughout the world, and then he Unfortunately, this is not the first ‘‘hypothetical.’’ He then testified that admitted he has deprived Americans of time we have heard this. In the lead up ‘‘it is not the policy or the agenda of one of their most basic freedoms under to the Iraq war, the administration the President to authorize actions that the fourth amendment—to be free from went on the offensive to get the Amer- would be in contravention of our crimi- unjustified Government intrusion. ican public, the Congress, and the nal statutes.’’

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Clearly, Senate’s approval for his nomination explain why it is necessary to break they can and do comply with it except to be Attorney General. He wanted the the law to defend against terrorism. I when they don’t. Then they just arbi- Senate and the American people to think that is because they cannot ex- trarily decide to go around these think that the President had not acted plain it. judges, around the law. on the extreme legal theory that the Instead, this administration reacts to The administration has said that it President has the power, as Com- anybody who questions this illegal pro- ignored FISA because it takes too long mander in Chief, to disobey the crimi- gram by saying that those of us who to get a warrant under that law. But nal laws of this country. But he had. demand the truth and stand up for our we know that in an emergency, where The Attorney General had some ex- rights and freedoms have a pre-9/11 the Attorney General believes that sur- plaining to do, and he didn’t do it yes- view of the world. In fact, the Presi- veillance must begin before a court terday. Instead, he parsed words, ar- dent has a pre-1776 view of the world. order can be obtained, FISA permits gued that what he said was truthful be- That is the problem. Our Founders the wiretap to be executed imme- cause he didn’t believe that the Presi- lived in dangerous times, and they diately as long as the Government goes dent’s actions violated the law. risked everything for freedom. Patrick to the court within 72 hours. The At- The Attorney General knew what I Henry said, ‘‘Give me liberty or give torney General has complained that was asking. He knew he was misleading me death.’’ The President’s pre-1776 the emergency provision does not give the committee in his response. If he mentality is hurting America. It is him enough flexibility, he has com- had been straightforward, he would fracturing the foundation on which our plained that getting a FISA applica- have told the committee that in his country has stood for 230 years. tion together or getting the necessary opinion, the President has the author- The President cannot just bypass two approvals takes too long. But the prob- ity to authorize warrantless wiretaps. branches of Government and obey only lems he has cited are bureaucratic bar- My question wasn’t about whether such those laws he wants to obey, deciding riers that the executive branch put in illegal wiretapping was going on. Simi- unilaterally which freedoms still apply place and could easily remove if it lar to almost everybody else in Con- in the war against terrorism. That is wanted. gress, I didn’t know about the program unacceptable and needs to be stopped FISA also permits the Attorney Gen- then. It was a question about how the immediately. eral to authorize unlimited warrantless nominee to be the Attorney General of Let’s examine some of the Presi- electronic surveillance in the United the United States viewed the law. This dent’s attempts to defend his actions. States during the 15 days following a nominee wanted to be confirmed. So he His arguments have changed over time let a misleading statement about one declaration of war, to allow time to because none of them hold up even consider any amendments to FISA re- of the central issues of his confirma- under casual scrutiny. So he cannot tion, his view of Executive power, stay quired by a wartime emergency. That rely on one single explanation. As each is the time period that Congress speci- on the record until the New York argument crumbles beneath him, he Times revealed the program. fied. Yet the President thinks that he moves on to a new one, until that is, The rest of the Attorney General’s can do this indefinitely. too, debunked, and on and on he goes. performance at yesterday’s hearing In the state of the union, the Presi- In the State of the Union, the Presi- certainly did not give me any comfort dent also argued that Federal courts dent referred to Presidents in Amer- either. He continued to push the ad- had approved the use of Presidential ican history who cited executive au- ministration’s weak legal arguments, authority that he was invoking. But thority to order warrantless surveil- continued to insinuate that anyone that turned out to be misleading as lance. But of course those past Presi- who questions this program doesn’t well. When I asked the Attorney Gen- want to fight terrorism, and he refused dents, as Wilson and Roosevelt, were eral about this, he could point me to no to answer basic questions about what acting before the Supreme Court de- court—not the Supreme Court or any powers this administration is claiming. cided in 1967 that our communications other court—that has considered We still need a lot of answers from are protected by the fourth amend- whether, after FISA was enacted, the this administration. Let’s put aside the ment, and before Congress decided in President nonetheless had the author- Attorney General for now. The burden 1978 that the executive branch can no ity to bypass it and authorize is not just on him to come clean. The longer unilaterally decide which Amer- warrantless wiretaps. Not one court. President himself has some explaining icans to wiretap. The Attorney General The administration’s effort to find sup- to do. The President’s defense of his ac- yesterday was unable to give me one port for what it has done in snippets of tions is deeply cynical, deeply mis- example of a President who, since 1978 other court decisions would be laugh- leading, and deeply troubling. To find when FISA was passed, has authorized able if this issue were not so serious. out that the President of the United warrantless wiretaps outside of FISA. The President knows that FISA States has violated the basic rights of So that argument is baseless, and it’s makes it a crime to wiretap Americans the American people is chilling. And deeply troubling that the President of in the United States without a warrant then to see him publicly embrace his the United States would so obviously or a court order. Why else would he actions and to see so many Members of mislead the Congress and American have assured the public, over and over Congress cheer him on is appalling. public. That hardly honors the Found- again, that he was getting warrants be- The President has broken the law. He ers’ idea that the President should ad- fore engaging in domestic surveillance? has made it clear that he will continue dress the Congress on the state of our Here’s what the President said on to do so. But the President is not a union. April 20, 2004: The Foreign Intelligence Surveil- king, and the Congress is not a king’s Now, by the way, any time you hear the court. Our job is not to stand up and lance Act was passed in 1978 to create a United States Government talking about cheer when the President breaks the secret court, made up of judges who de- wiretap, it requires—a wiretap requires a law. Our job is to stand up and demand velop national security expertise, to court order. Nothing has changed, by the accountability, stand up and check the issue warrants for surveillance of ter- way. When we’re talking about chasing down power of an out-of-control executive rorists and spies. These are the judges terrorists, we’re talking about getting a branch. from whom the Bush administration court order before we do so. That is one of the reasons the Fram- has obtained thousands of warrants And again, on July 14, 2004: ‘‘The ers put us here—to ensure balance be- since 9/11. The administration has al- Government can’t move on wiretaps or

VerDate Sep 11 2014 14:48 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00032 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK1\BR07FE06.DAT BR07FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE February 7, 2006 CONGRESSIONAL RECORD—SENATE 1019 roving wiretaps without getting a to ignore FISA? That makes no sense accomplish its goals within the law as court order.’’ at all. currently written. The President was understandably The President has also said that his None of the President’s arguments eager in these speeches to make it inherent executive power gives him the explains or excuses his conduct or the clear that under his administration, power to approve this program. But NSA’s domestic spying program. Not law enforcement was using the FISA here the President is acting in direct one. It is hard to believe that the Court to obtain warrants before wire- violation of a criminal statute. That President has the audacity to claim tapping. That is understandable, since means his power is, as Justice Jackson that they do. It is a strategy that real- wiretapping Americans on American said in the steel seizure cases half a ly hinges on the credibility of the of- soil without a warrant is against the century ago, ‘‘at its lowest ebb.’’ A re- fice of the Presidency itself. If you just law. cent letter from a group of law profes- insist that you didn’t break the law, And listen to what the President said sors and former executive branch offi- you haven’t broken the law. It reminds on June 9, 2005: cials points out that ‘‘every time the me of what Richard Nixon said after he Law enforcement officers need a Federal Supreme Court has confronted a stat- had left office: ‘‘Well, when the Presi- judge’s permission to wiretap a foreign ter- ute limiting the Commander-in-Chief’s dent does it that means that it is not rorist’s phone, a Federal judge’s permission authority, it has upheld the statute.’’ illegal.’’ But that is not how our con- to track his calls, or a Federal judge’s per- mission to search his property. Officers must The Senate reports issued when FISA stitutional democracy works. Making meet strict standards to use any of these was enacted confirm the understanding those kinds of arguments is damaging tools. And these standards are fully con- that FISA overrode any pre-existing the credibility of the Presidency. sistent with the Constitution of the U.S. inherent authority of the President. As And what’s particularly disturbing is Now that the public knows about the the 1978 Senate Judiciary Committee how many Members of Congress have domestic spying program, he has had report stated, FISA ‘‘recognizes no in- responded. They stood up and cheered. to change course. He has looked around herent power of the president in this They stood up and cheered. for arguments to cloak his actions. area.’’ And ‘‘Congress has declared that Justice Louis Brandeis once wrote: And all of them are completely thread- this statute, not any claimed presi- Experience should teach us to be most on bare. dential power, controls.’’ Contrary to our guard to protect liberty when the Gov- The President has argued that Con- what the President told the country in ernment’s purposes are beneficent. Men born gress gave him authority to wiretap the State of the Union, no court has to freedom are naturally alert to repel inva- Americans on U.S. soil without a war- sion of their liberty by evil-minded rulers. ever approved warrantless surveillance The greatest dangers to liberty lurk in insid- rant when it passed the authorization in violation of FISA. ious encroachment by men of zeal, well- for use of military force after Sep- The President’s claims of inherent meaning but without understanding. tember 11, 2001. Mr. President, that is executive authority, and his assertions The President’s actions are indefen- ridiculous. Members of Congress did that the courts have approved this type sible. Freedom is an enduring prin- not think this resolution gave the of activity, are baseless. ciple. It is not something to celebrate President blanket authority to order The President has argued that peri- in one breath, and ignore the next. these warrantless wiretaps. We all odic internal executive branch review Freedom is at the heart of who we are know that. Anyone in this body who provides an adequate check on the pro- as a Nation, and as a people. We cannot would tell you otherwise either wasn’t gram. He has even characterized this be a beacon of freedom for the world here at the time or isn’t telling the periodic review as a safeguard for civil unless we protect our own freedoms truth. We authorized the President to liberties. But we don’t know what this here at home. use military force in Afghanistan, a check involves. And we do know that The President was right about one necessary and justified response to Congress explicitly rejected this idea of thing. In his address, he said ‘‘We love September 11. We did not authorize unilateral executive decisionmaking in our freedom, and we will fight to keep him to wiretap American citizens on this area when it passed FISA. it.’’ American soil without going through Finally, the President has tried to Yes, Mr. President. We do love our the process that was set up nearly claim that informing a handful of con- freedom, and we will fight to keep it. three decades ago precisely to facili- gressional leaders, the so-called Gang We will fight to defeat the terrorists tate the domestic surveillance of ter- of Eight, somehow excuses breaking who threaten the safety and security of rorists—with the approval of a judge. the law. Of course, several of these our families and loved ones. And we That is why both Republicans and Members said they weren’t given the will fight to protect the rights of law- Democrats have questioned this theory full story. And all of them were prohib- abiding Americans against intrusive that somehow the Afghanistan resolu- ited from discussing what they were Government power. tion permitted this sort of thing. told. So the fact that they were in- As the President said, we must al- This particular claim is further un- formed under these extraordinary cir- ways be clear in our principles. So let dermined by congressional approval of cumstances does not constitute con- us be clear. We cherish the great and the PATRIOT Act just a few weeks gressional oversight, and it most cer- noble principle of freedom. We will after we passed the authorization for tainly does not constitute congres- fight to keep it, and we will hold this the use of military force. The PA- sional approval of the program. Indeed, President and anyone who violates TRIOT Act made it easier for law en- it doesn’t even comply with the Na- those freedoms accountable for their forcement to conduct surveillance on tional Security Act, which requires the actions. suspected terrorists and spies, while entire memberships of the House and In a nation built on freedom, the maintaining FISA’s baseline require- Senate Intelligence Committee to be President is not a king, and no one is ment of judicial approval for wiretaps ‘‘fully and currently informed of the above the law. of Americans in the U.S. It is ridicu- intelligence activities of the United Mr. President, I yield the floor and lous to think that Congress would have States.’’ suggest the absence of a quorum. negotiated and enacted all the changes In addition, we now know that some The PRESIDING OFFICER. The to FISA in the PATRIOT Act if it of these Members expressed concern clerk will call the roll. thought it had just authorized the about the program. The administration The bill clerk proceeded to call the President to ignore FISA in the AUMF. ignored their protests. Just last week, roll. In addition, in the intelligence au- one of the eight Members of Congress Mr. LEAHY. Mr. President, I ask thorization bill passed in December who has been briefed about the pro- unanimous consent that the order for 2001, we extended the emergency au- gram, Congresswoman JANE HARMAN, the quorum call be dispensed with. thority in FISA, at the administra- ranking member of the House Intel- The ACTING PRESIDENT pro tem- tion’s request, from 24 to 72 hours. Why ligence Committee, said she sees no pore. Without objection, it is so or- do that if the President has the power reason why the administration cannot dered.

VerDate Sep 11 2014 14:48 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00033 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK1\BR07FE06.DAT BR07FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 1020 CONGRESSIONAL RECORD—SENATE February 7, 2006 Mr. LEVIN. Mr. President, there is a catory while in the case of the latter erybody. It has been a great process. compelling need to reform the current the fee is so low as to constitute as a But with every day we delay consider- asbestos litigation process. This proc- deterrent to both filing future claims ation of this bill, victims are dying and ess is not fair to workers, including and appeals. The sponsors of the bill more companies are going bankrupt. many who have become ill through ex- have agreed to language relative to (b) Both are tragedies for the families and posure to asbestos. There are people that reads in part that attorneys will victims, as well as for the workers and who are not impaired who have re- be able to ‘‘obtain a reasonable attor- retirees and for the families who built ceived compensation, and there are ney’s fee, which shall be calculated by these companies. many claimants that have been injured multiplying a reasonable hourly rate The time has now come to pass this by asbestos exposure who have not re- by the number of hours reasonably ex- legislation. Victims have been waiting ceived compensation. It is not fair to pended on the individual’s claim.’’ My long enough for a comprehensive na- businesses for a host of reasons. The concern relative to (a) remains tional solution. I hope all Senators will status quo is not acceptable. unaddressed. support the motion to proceed to this I do have several substantive issues I have additional concerns about S. legislation. It has earned the support of with S. 852, The FAIR Act. I have spent 852. I am concerned about the current many organizations that represent the a great deal of time over the past few severability provision in the bill. There victims of serious asbestos exposures. months working with the sponsors of S. are many contentious issues in S. 852 Asbestos disease has tragically 852, including Senators SPECTER and that many observers expect will be liti- weighed heavily on one group in par- LEAHY, seeking to make changes that gated including the constitutionality ticular—our Nation’s war veterans. would improve the bill from my per- of incorporating existing asbestos trust These brave veterans are unable to re- spective. funds into this one. There are also re- ceive compensation under our current For instance, I wanted to see more strictions on tort cases in this bill, system, and they have asked Members money go to mesothelioma victims which if triggered by the fund’s non- of Congress—both parties—over and who have dependents and to ensure viability will limit the possible venues over again for help. The Military Order that in a budget neutral manner, the for filing future asbestos claims. The of the Purple Heart noted in its last money didn’t come from other termi- availability of such restrictions may letter of support that ‘‘the FAIR Act is nally ill victims. The sponsors of the lead companies to resist payments to the only viable solution for sick vet- bill have agreed to support the fol- the fund, thereby contributing to its erans.’’ lowing language to address my con- nonviability because they obtain re- We all speak of our support of vet- cerns: strictions on tort claims in that event. erans, as we should; all Americans The Administrator may increase awards That is not a wise incentive. Therefore, should. That should not be partisan. for Level IX claimants who have dependent I support a nonseverability clause for But here is one way to help a class of children so long as this provision is cost neu- certain sections of the bill and the veterans who are not going to get any tral. Such increased awards shall be paid for sponsors have indicated a willingness help otherwise. by decreasing awards for claimants other to consider it. More than 30 organizations rep- than Level IX, so long as no award levels are resenting veterans, as I noted on the decreased more than 10 percent. There are other issues that have been raised by a number of colleagues with floor yesterday, have supported this Another issue for me was to protect this bill. Some of those issues include piece of legislation. But we have also companies that might be required to the constitutional issues involved in received renewed letters of support contribute to an asbestos trust fund, the of ‘‘taking’’ the existing asbestos from the International Association of and have their insurers contribute, but trust funds; the lack of a contribution Heat and Frost Insulators and Asbestos that have no assurance that the com- structure for the $46 billion of insur- Workers Union, the International pany’s own claims will be satisfied. The ance industry contributions; the spe- Union of United Automobile, Aerospace sponsors have agreed to an added cri- cial consideration given in this bill to and Agricultural Implement Workers, teria which would allow a company to the residents of one community; the otherwise known as the UAW, and the apply for a decreased payment for their lack of an adequate startup provision International Union of Painters and annual assessment into the trust to which would trigger a return to the Allied Trades. They represent literally protect again that outcome. That cri- tort system if the trust fund never gets hundreds of thousands of families who teria would be: going and the lack of an appropriate have suffered. They support this be- When measured against the likely cost of sunset trigger which would also pro- cause, as they say, they are ‘‘firmly past and potential future claims in the ab- sence of the Act. vide for the fund to dissolve if claims convinced it would be far superior to go unpaid and allow people to go back the current tort system in compen- A third problem I wanted to see ad- to court. sating the victims of asbestos-related dressed related to companies that Based on my discussions with the diseases.’’ should not be required to participate in managers, I will support the motion to It has not been easy getting to this the asbestos trust fund because they proceed to S. 852. My future position on point. It has taken years and years of have disposed of all of their known pre- the legislation will depend on the con- work. It is not line for line the bill I vious claims. The sponsors of the bill tent of the bill after it is amended. would have written; it is not line for have agreed to support the following Mr. LEAHY. Mr. President, this line the bill the distinguished Senator language to address my concern: evening, Senators will finally have the from Pennsylvania, Mr. SPECTER, . . . subject to the discretion of the Admin- opportunity to vote to consider legisla- would have written. Both of us went in istrator, [a company may] be exempt from tion which has been publicly debated with the idea that we would find a bill any payment obligation if such defendant participant establishes with the Adminis- and considered for several years. It is a that would get the broadest support trator that it has satisfied all past claims bipartisan bill that is the product of possible but also a bill that would help and that there is no reasonable likelihood in lengthy and conscientious negotiation. as many victims as possible. I believe the absence of the Act of any future claims We have held dozens of public hearings this does it. for whose costs the defendant participant and committee markups. It has been an Think of what is going to happen if might be responsible. . . . exemplary process. you are going to have thousands of peo- A fourth issue that concerns me is in I see the distinguished Senator from ple who never get help and dozens more the area of attorney’s fees in both (a) Pennsylvania in the Chamber. He has companies go bankrupt on top of the 70 past cases that are moved into the arranged—I have lost count of the that have already gone bankrupt. trust fund from the tort system and (b) number of meetings where people from Supreme Court Justices as diverse in new administrative claims in the as- across the spectrum, political and oth- philosophy as the late Chief Justice bestos trust fund. The former situation erwise, have had a chance to be heard— William Rehnquist and Justice Ruth could be highly unfair and even confis- businesses, victims, labor, industry, ev- Bader Ginsburg have pled, publicly pled

VerDate Sep 11 2014 14:48 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00034 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK1\BR07FE06.DAT BR07FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE February 7, 2006 CONGRESSIONAL RECORD—SENATE 1021 with the Congress to come up with leg- ments. I compliment him on his com- about 10 years from now. Litigation islation to solve this problem. Right ments and on his work on the asbestos has not caused the deaths, the pain, the now, litigation—many times—helps bill—on his entire career in the U.S. suffering, the lost wages, the medical only those litigators, both defense and Senate, 31 years, but especially in the bills; asbestos has caused the deaths plaintiff, and very little help to the past year and 1 month, 13 months, and the suffering. companies or the victims. where he and I have been ranking I have said on a number of occa- The problems we are addressing are member and chairman of the Judiciary sions—I say it today—that of course I complex. This bill necessarily reflects Committee, and the cooperation which would support a fair and equitable these complexities. Drafting was not we have had. We have had some dis- piece of legislation, legislation which easy. The compromises we had to make agreements, but very few, and when would favor the victims, not a few very were difficult but necessary to ensure there have been disagreements, they large corporations. that we created a trust fund that would have been on matters of policy as op- Senators LEAHY and SPECTER have provide adequate compensation to the posed to anything to undercut the worked very hard on this legislation thousands of workers who have suf- collegiality of the work of the Judici- and on things they do on the Judiciary fered and continue to suffer the dev- ary Committee. I can think of some Committee. I understand that. But astating health effects of asbestos. votes—there are bound to be dif- hard work doesn’t always lead to good The tragic history of asbestos use in ferences on votes—but I think we have legislation. our country has to come to an end. We carried the committee a long way with I have served in Congress 24 years. Senators first and the other body next class action, bankruptcy, and moving There may be an occasion when Sen- have the chance to bring this to an through the disagreements and fili- ator LEAHY and I have voted opposite end. The President has said he would buster versus the nuclear option on the one another; I just do not remember sign such legislation if we can pass it. circuit judges and Chief Justice Rob- when that was. We virtually agree on This is not a Democratic or Republican erts and Justice Alito not all agree- everything we do. So I am sorry that issue; this is an issue for all Ameri- ments but in large measure—and then on this piece of legislation we must dis- cans. coming to the asbestos bill, which has agree. I join with the President, I join with been as tough as any legislation I have Powerful corporate interests have my Republican colleagues, and I join ever seen. fought throughout this process to es- with my Democratic colleagues who I made a statement yesterday which cape responsibility—a paradigm shift have supported this. In fact, under a may have been a little excessively from what they should pay to what provision authored by Senator MURRAY sweeping, but the asbestos bill is a they are willing to pay. This is not the of Washington State which we have in- complicated bill. American way. The bill before us is cluded, which was accepted during the The ACTING PRESIDENT pro tem- based on faulty and questionable guess- last Congress by the Judiciary Com- pore. Under the previous order, the es, not estimates. To make it even mittee, this bill will ban the mainte- time between 5:40 and 5:50 is reserved worse, little relevant information has nance and distribution of asbestos. for the Democratic leader, and 5:50 been made public. This whole thing can come to an end so until 6:00 is reserved for the majority. The legislation before the Senate is victims can get help. Mr. SPECTER. Mr. President, I ask unfair to the victims, to the veterans— We have to halt the harm asbestos unanimous consent that I have the last they would be much better off without creates, and we have to ameliorate the 10 minutes as the surrogate of the ma- this legislation—to the insurance in- harm it has already caused. The indus- jority leader. I will yield and conclude dustry, most businesses, the American trial and insurer participants in the my comments when my time comes. taxpayer, and, of course, our judicial trust fund will gain the benefits of fi- Mr. LEAHY. Mr. President, will the system. I rise again to express my nancial certainty and relief from the distinguished Democratic leader allow strong opposition to the asbestos bill stresses of litigation in the tort sys- me 20 seconds to refer to what the dis- before the Senate. As I have just said, tem, and victims will have a quicker tinguished Senator from Pennsylvania it is unfair to victims, veterans, the in- and more efficient path to recovery. just said? surance industry, most businesses, and, Chairman SPECTER, Senator FEIN- Mr. President, the distinguished Sen- of course, the American taxpayers. STEIN, Senator BAUCUS, and my col- ator from Pennsylvania is my friend— I oppose this legislation because it leagues from both sides of the aisle on a friend from the days when we were will not buy justice regarding asbestos the Judiciary Committee are working prosecutors together. I am very exposure. It deprives victims of their hard with me on this bipartisan legisla- touched by what he said. The Judiciary legal rights and gives them a trust tion. Let this go forward today. Let us Committee handles some of the most fund that will not work and will not bring this to a halt. Help us bring sur- difficult issues there are. I enjoy work- provide adequate compensation. One ety. ing with him because of his own ability would have to search long and hard to I urge Senators to let us move to- and because of that friendship. find a bill, in my opinion, as bad as ward solving this problem by consid- The ACTING PRESIDENT pro tem- this. ering our bipartisan bill to at long last pore. The Democratic leader. Asbestos disease kills thousands of help solve the asbestos problem by pro- Mr. REID. Mr. President, will my 10 Americans every year—10,000 to be viding fair compensation to victims of minutes start running from this time? exact. The cases of disease and death asbestos exposure. The ACTING PRESIDENT pro tem- caused by asbestos exposure are not ab- I suggest the absence of a quorum. pore. Without objection, it is so or- stractions. I have received countless The ACTING PRESIDENT pro tem- dered. letters from victims of asbestos-related pore. The clerk will call the roll. Mr. REID. Mr. President, we have a diseases and their families. Each shares The legislative clerk proceeded to crisis facing the American people, a another story of loss and pain. call the roll. crisis which causes the death of 10,000 All the leading organizations rep- Mr. SPECTER. Mr. President, I ask people each year. In addition to the resenting asbestos victims oppose this unanimous consent that the order for 10,000 deaths each year, hundreds of bill—the Committee to Protect Meso- the quorum call be rescinded. thousands of people are suffering from thelioma Victims, asbestos disease The ACTING PRESIDENT pro tem- lung conditions that are most debili- awareness organizations, the Asbestos pore. Without objection, it is so or- tating. Victims Organization. The White Lung dered. The crisis which confronts us is not Association wrote a letter February 1 Mr. SPECTER. Mr. President, I an asbestos litigation crisis; it is an as- to me and to Senator FRIST. It said: thank the distinguished Senator from bestos-induced disease crisis. We are We do not want this proposed government Vermont, the ranking member on the told by experts that the problem will policy forced upon us. We believe the pro- Judiciary Committee, for his com- get worse, not better. It will peak gram will fail to treat victims fairly while

VerDate Sep 11 2014 14:48 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00035 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK1\BR07FE06.DAT BR07FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 1022 CONGRESSIONAL RECORD—SENATE February 7, 2006 benefitting the very companies that cause bying for its passage to the detriment of Beyond unions, most small- and me- the problem. other companies and insurers who have dium-sized businesses oppose this bill, It was for the sake of these victims promised to fight the Bill in the courts. This as do the vast majority of insurance that today I introduced a Senate reso- will result in further delays all to the fur- companies. They know it will not ther detriment of all victims of asbestos poi- lution designating April 1 of this year soning. work. as National Asbestos Awareness Day. This bill deprives victims of their Mr. President, there are 150,000 signa- Introducing this resolution was one legal rights and replaces the tort sys- tures with their names and addresses. I small step in an effort to raise aware- tem with a trust fund that is doomed will not ask it be made part of the to failure. Experts who have reviewed ness of this dangerous substance and record, of course. the painful effects that exposure to as- the bill conclude that the trust fund I will use leader time now. I men- will be underfunded and will quickly bestos has caused throughout the coun- tioned yesterday on the Senate floor try. become insolvent. that there were some businesses that This morning, the Bates White Re- It is my hope that designating an- were not being treated fairly. I men- other National Asbestos Awareness search Firm, a prominent, eminent tioned them by name, and I will run consulting firm offering services to Day will serve as a reminder that expo- over a couple of them again: Foster sure to asbestos remains a very bad Fortune 500 companies and government Wheeler Company, an international en- agencies—Dr. Bates developed a com- problem in this country. Asbestos-in- gineering and construction company duced illnesses continue to kill or dis- puter model of the incidence of asbes- with 4,000 U.S. employees, has stated in tos-related diseases. Without going able Americans at alarming rates. Our recent SEC filings the company does resolve to adequately protect the into their resume, I ask unanimous not expect to fund any asbestos-related consent it be printed in the RECORD. rights of these victims must not falter. costs from the company’s cash flow. There being no objection, the mate- One thing we should do for asbestos Yet as a Tier II defendant participant rial was ordered to be printed in the victims is to defeat the flawed legisla- would be required to pay at least $19.5 RECORD, as follows: tion now before the Senate. Approxi- million per annum into the trust fund. BATES WHITE mately 150,000 individual victims of as- This requirement, along with the sepa- bestos exposure and their families have Bates White, LLC (Bates White) is a na- ration of the company from its insur- tional consulting firm offering services in ec- petitioned the Senate to communicate ance assets, jeopardizes its long-term onomics, finance, and business analytics to their opposition to this legislation. I financial viability. leading law firms, FORTUNE 500 companies, have a few of the 150,000 names. We The A.W. Chesterton Company, and government agencies. have boxes and boxes of these peti- founded in 1884, would also file bank- Their Environmental & Product Liability tions. These petitions say: (EPL) practice offers economic consulting, ruptcy. They have 2,000 employees. litigation support, class certification, and li- We, the undersigned, hereby petition the Hopeman Brothers, in Waynesboro, ability estimation services. The business is United States Senate on behalf of the vic- VA, is still privately owned by the based on the use of analytical tools to help tims of asbestos poisoning. Hopeman family. It has finished the in- clients understand and quantify potential li- We are the victims of asbestos poisoning abilities. They have extensive experience in and families and friends of the victims who teriors and outfitted ships since it first asbestos and provide expert testimony in are opposed to Senate bill 852, the ‘‘FAIR worked in Sun Shipyard in Chester, both bankruptcy and coverage litigation, as ACT.’’ PA, in 1916. Hopeman bought signifi- Although the Bill’s Senate sponsors intend well as expert opinions with regard to insur- cant liability insurance, much of which ance valuation, due diligence evaluations, to help victims, this bill only helps a few remains unused today. Stripping and financial reporting services. Through the large companies at the expense of the vic- Hopeman of its insurance coverage and course of this work, Bates White has seen tims of asbestos poisoning and most busi- then imposing a cash-pay obligation claims data from numerous defendants and nesses. In addition to our opposition, we observe will drive the company into bank- insurance companies. The knowledge gained that the bill is also opposed by most insur- ruptcy. across all of those matters has been invalu- able in assessing the financial viability of S. ance companies, numerous businesses, and Okonite Company, founded in 1876, is 852. most labor unions. the only company in America that As part of our work in asbestos-related The reasons we oppose S. 852 are as follows: makes wire. They will be forced to file matters, Bates White has led the develop- (1) The bill does not provide a reliable bankruptcy if this bill passes. mechanism for providing compensation ment of several highly sophisticated, cus- These are only four of hundreds and tomized analytical tools that estimate cli- quickly to the victims of asbestos poisoning. hundreds of companies that will be ents’ future asbestos liability from personal If anything, the Bill backtracks on protec- injury and property damage lawsuits. In the tions already promised by the Senate in an forced into bankruptcy. early 1990s, Dr. Charles Bates developed a earlier version which passed in the Judiciary Each one of the 150,000 signatories on computer model of the incidence of asbestos- Committee with substantial bipartisan sup- these petitions are a real concern. Each related malignant diseases. Over the years, port. one of the 10,000 Americans who will Bates White has performed ongoing research (2) If the Trust Fund runs out of money, as die from asbestos exposure this year to improve this model. This state-of-the-art predicted by some experts, the Bill does not have tragic stories. Each will leave be- model became the industry standard. More contain reliable sunset provisions. Victims hind a family which will never be recently, Bates White has pioneered research will be left in limbo. (3) In many instances, the compensation whole again. Each one is counting on on the recruitment of non-malignant claim- for victims is far less than victims’ actual us in the Senate to preserve their right ants, and challenged epidemiological-based forecasts of future non-malignant claims. damages and far less than we currently re- to obtain compensation for the harm In addition to research on asbestos mat- ceive in the judicial system. caused to them and their families by ters, Bates White has analyzed the historical (4) The Bill allows companies to renege on asbestos exposure, just as these compa- U.S. usage of tobacco from 1920 through 2002. settlement commitments and settlement nies want fairness. This research provides us the smoking his- trust amounts already promised and set Opposition to the FAIR Act is not tory of potential lung cancer patients who aside for victims and their families. limited to individual victims. Many could qualify under S. 852. (5) The Bill does not have reliable, trans- parent funding mechanisms. Instead, it sets workers have been exposed to asbestos, Mr. REID. They found that the CBO up a complex system of administrative chal- as I outlined yesterday, and their underestimated the number of cancer lenges and court challenges that will allow unions have been fighting to ensure victims who will likely file claims with companies to contest their funding obliga- fair treatment for them. Virtually the fund. Based on this and other fac- tions. every major union has concluded that tors, Bates White concluded that the (6) Contrary to prior Senate commitments this bill does not meet the needs of real cost estimate for the trust fund contained in earlier versions of the Bill, this their workers: The AFL–CIO, the Bill will stop the current system of com- should be double what it now is. pensation before an up and running reliable Change to Win Federation, Steel- During floor debate this morning, the system is established to take its place. workers, International Brotherhood of distinguished senior Senator from (7) This Bill was written to benefit a group Boilermakers, Laborers International, Pennsylvania, the chairman of the Ju- of companies who have spent a fortune lob- and on and on. diciary Committee, explained what will

VerDate Sep 11 2014 14:48 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00036 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK1\BR07FE06.DAT BR07FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE February 7, 2006 CONGRESSIONAL RECORD—SENATE 1023 happen if the trust fund runs out of the higher burden of proof creates the Mr. SPECTER. Mr. President, I note money. He said: very likely potential for endless litiga- the Senator from Nevada has spoken We have within the structure of the bill a tion and a high number of rejected for 18 minutes, taking some leader vision that the administrator can make a re- cases. time, and the 10 minutes allocated evaluation going through certain pre- These are a few of the problems that under the unanimous consent. I ask conditions so if it looks like we will exceed make the FAIR Act—and again, as I unanimous consent Senator MCCON- the $140 billion we can make modifications said yesterday, the FAIR Act? We NELL and I may be accorded the same in medical standards and criteria and stay should be used to these Orwellian amount of time. within the $140 billion. terms after naming legislation ‘‘Leave Mr. REID. No objection. In other words, if the fund runs short, No Child Behind,’’ ‘‘The Clear Skies The ACTING PRESIDENT pro tem- fewer victims are eligible or those who Initiative,’’ ‘‘Healthy Forests,’’ ‘‘Budg- pore. Without objection, it is so or- are eligible will get less money. So et Deficit Reduction Act,’’ all of which dered. there are real consequences to this un- do the opposite of what they say. It is Mr. REID. That is together, not indi- derfunded trust fund. It will hurt vic- my opinion, to which I am entitled, vidually—not 36 minutes? tims. The only alternative is that tax- that the FAIR Act is part of that, Mr. MCCONNELL. Right. payers will be left to fund the shortfall. again. Mr. REID. No problem. Even if the trust fund was adequately I have always favored improvements Mr. SPECTER. Mr. President, when I funded, the claim system established in the way asbestos victims were com- yielded the floor as 5:40 arrived, I was by the FAIR Act is fraught with de- pensated. This bill does not accomplish in the middle of commenting about the fects that would prevent many victims that goal. work which the distinguished ranking from recovering what they deserve. We have heard a lost talk about the member, Senator LEAHY, and I had First, startup provisions are unfair. managers’ amendment to this bill. Ap- done on this bill and the spirit of As soon as the bill is enacted, the abil- parently, the sponsors are telling Sen- collegiality and the spirit of biparti- ity of asbestos victims to claim com- ators that we will take care of your sanship which has characterized the pensation in the court system is cut concerns in the managers’ amendment. work of the Judiciary Committee the off. There is no better example of this The problem with this approach is that past 13 months. than what happens to veterans. Also, no one except the sponsors can know Senator LEAHY and I have worked to- the bankruptcy court trust funds that how the pieces of the managers’ gether as ranking member and as are now compensating victims will be amendment will fit together. Since the chairman. This bill represents very shut down, depriving victims of needed sponsors are trying to satisfy Senators substantial work and analysis as to compensation. with conflicting concerns, there is how we have gotten there. Second, the bill is unfair to victims every reason to believe that different When the Senator from Nevada talks with pending or settled court cases. elements of the managers’ amendment about the debate being useful up to the Rather than permit asbestos claims to will move in different directions. present time, I tabulate three Senators continue in court while the fund is For example, one Senator may want who spoke in opposition to the bill. being established, the bill imposes an to expand eligibility under the trust And a good bit of what they have had immediate 2-year stay of nearly all as- fund for compensating asbestos vic- to say is in error factually on the mer- bestos cases. The bill’s language is so tims. A different Senator may want to its. broad that a trial about to begin would limit the amount of money paid into This bill has been subjected to more be stopped and an appellate ruling the trust fund. The first part of the analysis, more discussions—I was say- about to be handed down would be managers’ amendment may expand the ing before I yielded the floor when time barred. number of victims, but the second part had arrived for the minority leader— Third, the sunset process under the may limit the amount of money avail- than any bill in the history of legisla- legislation leaves too much uncer- able to all victims. Both Senators may tion. I acknowledge that as a very tainty. If the fund fails to operate as have their language included, but the grandiose statement because I do not promised, instead of allowing victims final result may be completely un- know all of the legislative bills that to return to court, this legislation al- workable and unsatisfactory. have been considered in the history of lows the administrator of the fund to This is not the right way to legislate. the legislative process. But I make allow or recommend any number of These amendments should be offered that assertion based upon what has measures he feels important to salvage individually so that all Senators can been done, which I detailed yesterday, the program. As Senator SPECTER said evaluate them on their individual mer- with Judge Becker, a senior Federal this morning, this means that fewer its, and after all the amendments are judge, and I hosting some 36 meetings, victims may recover. offered and voted on, Members can attended by 20, 30, 40, sometimes as Fourth, the bill requires some vic- evaluate the total product when they many as 60 people, and the numerous tims to prove that asbestos was a ‘‘sub- vote on final passage. Certainly, Mem- meetings which Judge Becker has had stantial contributing factor’’ to their bers should not commit their support on a volunteer basis, and the many disease, a higher burden than victims to the final bill until they see how the meetings I have had with individual must meet in court, where it is suffi- conflicting pieces to the managers’ Senators. cient to show that asbestos exposure amendment fit together. I have talked to many Senators, sev- was a contributing factor, no matter I believe it has been good for the Sen- eral dozen Senators, perhaps a major- how substantial a factor. ate to spend time debating the motion ity of the Senators, on an individual I want to make sure Senator SPECTER to proceed. We focused attention on basis, either visiting in their offices or has time to complete his statement, so what some believe are flaws in the on the Senate floor or in the corridors, I ask the time for the vote, which is process leading to the Senate consider- in order to acquaint Senators with now set for 6 o’clock, not begin at that ation of the bill and the flaws of the what is going on. time so Senator SPECTER is allowed bill itself. Now we are ready to debate The assertions which have been made time to finish his statement. the bill on its merits. I welcome that simply are not factual. I am pleased to The ACTING PRESIDENT pro tem- debate. note the Senator from Nevada has stat- pore. That is the result of the Senator I offered to vitiate this vote and ed his intention to vote for cloture and using his leader time. begin consideration of amendments to that we are going to be going on to de- Mr. REID. I want to make sure the the bill on Thursday. This was re- bate the bill on the merits. Yesterday, Senator from Pennsylvania understood jected. I will now support cloture and the Senator from Nevada was more that. encourage Senators to do the same. than firm in his opposition to the bill. The whole concept of no-fault trust The ACTING PRESIDENT pro tem- And I think it fair to say I was at least fund is that it is nonadversarial, but pore. The Senator from Pennsylvania. equally firm in what I had to say by

VerDate Sep 11 2014 14:48 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00037 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK1\BR07FE06.DAT BR07FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 1024 CONGRESSIONAL RECORD—SENATE February 7, 2006 way of response. But there are the The Senator from Pennsylvania. the system which we have at the votes present without the vote of the The Senate will be in order. present time is an anathema and a Senator from Nevada to invoke cloture Mr. SPECTER. I am not going to ask travesty and unworthy of the Amer- and to proceed to a discussion on the for any additional time, Mr. President, ican judicial system. merits. When we do proceed to a dis- because of the interruptions and the I thank the Chair and yield to my cussion on the merits, we will have a disorder—all of which is directed—to distinguished colleague, the assistant chance to answer in detail the mis- finish my sentence—to the companies majority leader. understandings which have been ar- which sustained financial hardship. The ACTING PRESIDENT pro tem- ticulated in the debate so far. I made a repeated offer, yesterday pore. The assistant majority leader. One Senator who spoke in opposition and today, in speaking about the bill, Mr. MCCONNELL. Mr. President, we to the bill talked about secrecy, that inviting any Senator who has a con- are about to have the cloture vote, and nobody knew who was going to pay the stituent who has a problem to come it is going to take a minute to thank money. The language—there was a talk to us. We will try to work to a so- Senator SPECTER and Senator LEAHY quote—‘‘contained in a secret list lution of the problem. And you do not for this extraordinary compliment known only to the asbestos study have to have a Senator if you are a from the New York Times. I do not group. . . .’’ ‘‘None of the relevant in- constituent. If anybody is watching think it is an experience the Senator formation has ever been made public.’’ these proceedings on C–SPAN2, come from Kentucky has ever had. Well, factually that is just not correct. to my office. My staff and I, Senator This cloture vote is going to be ap- The Judiciary Committee had to LEAHY and his staff, and the Judiciary proved. We learned about an hour ago issue a subpoena, but we know who is Committee generally, will try to find that the Democratic leader has decided paying how much money. That is a an accommodation and an answer. to support the cloture vote, and I think The Senator from Vermont is back matter that can be looked at by Sen- that is good. We would prefer to have on the floor. I am glad he has come ators or by their staffs. But it has been been on this bill last Friday. Senator retained on a confidential basis be- back because I wanted to make this SPECTER was here and ready to work, comment about the bipartisanship of cause there could be a problem for the ready to process amendments last Fri- the Judiciary Committee, what we companies if these factors were dis- day. But here we are on Tuesday night. have accomplished, as a sign for what closed. So let me say I think it is good for Then another comment made by one this body can do. the Senate that this cloture is going to of the three Senators who spoke in op- It is an open secret that the rancor be invoked. We are ready to get on the position to the bill, that the ‘‘United and the partisanship and the bickering bill. I heard the Democratic leader States Government will be making a is at an all-time high in the Senate—an offer to begin tomorrow. I think that is commitment to compensate hundreds all-time high. And there is much talk a good idea. Senator SPECTER will be of thousands of seriously ill asbestos about the good old days when there was here in the hopes that amendments victims. . . .’’ Well, that is factually comity and there was collegiality in will be offered and processed. We are just not correct. the Senate. prepared to deal with that tomorrow This bill is airtight that the Federal Well, Senator LEAHY and I have re- and through the days until we can Government has no financial obliga- stored that to the Judiciary Com- reach a point of conclusion. tion, and that if there is an effort to mittee. And we have produced this bi- impose a budget point of order, and it partisan bill on asbestos reform. We do So, Mr. President, I do not know how is considered on the merits, that it will not make any representation that it is much time I have remaining, but so not impede the movement of this bill a perfect bill or that it is a bill which that we may move forward and vote, I forward. The budget point of order will cannot be improved. We are open for am prepared to yield back the remain- not be sustained because there is no business to improve and change the der of my time. Federal money. Technically, it goes bill. The ACTING PRESIDENT pro tem- through the Department of Labor, so it But that brings me to a New York pore. All time is yielded back. is calculated as a Federal expenditure, Times editorial which I think is of note Under the previous order, the Chair but there is no Federal money in- as to what PAT LEAHY and ARLEN SPEC- lays before the Senate the pending clo- volved. TER have accomplished with our com- ture motion, which the clerk will re- The Senator from Nevada has gone mittee and what this body can accom- port. through a list of objections he has, and plish. This is what the New York Times The assistant legislative clerk read as we are now moving to debate—after had to say. In a complimentary line, as follows: this evening’s vote—the bill on the they refer to the assiduous effort that CLOTURE MOTION merits, we will have a chance to ex- PAT LEAHY and ARLEN SPECTER made, We the undersigned Senators, in accord- plore those in detail. and then say: That makes it a 21st-cen- ance with the provisions of rule XXII of the When the Senator from Nevada talks tury rarity: a thoughtful bipartisan Standing Rules of the Senate, do hereby about Foster Wheeler, illustratively, I compromise on a vexing national prob- move to bring to a close debate on the mo- personally have met with Foster lem. tion to proceed to Calendar No. 131, S. 852: A Wheeler on a number of occasions, as I think it is a sad day for the Senate, bill to create a fair and efficient system to recently as 10 days ago. And we are a very sad day, when it is a 21st cen- resolve claims of victims for bodily injury caused by asbestos exposure, and for other still seeing if we can accommodate the tury rarity that there is a thoughtful, purposes. concerns of Foster Wheeler. bipartisan compromise on a vexing na- Bill Frist, Arlen Specter, Jeff Sessions, We have gone a long way to see to it tional problem. Pat Roberts, Lamar Alexander, Lisa that companies will not be adversely We have a great many vexing na- Murkowski, Johnny Isakson, Richard affected financially, on exclusion of tional problems. I believe they can be M. Burr, Wayne Allard, Mitch McCon- small business, a matter detailed at solved on a bipartisan effort so it does nell, Mike DeWine, George V. Voino- some length by Senator FEINSTEIN in not become a 21st century rarity. I am vich, Jim Talent, David Vitter, Bob her comments on the floor today, and glad to see that however we have got- Bennett, Mel Martinez, Ted Stevens. on a hardship fund of some $300 million ten there, that the votes were present The ACTING PRESIDENT pro tem- a year, and by an amendment which we by mid-afternoon to shut off this fili- pore. By unanimous consent, the man- are in the final stages of negotiation to buster and that we can now go forward datory quorum call has been waived. limit the amount of money that com- to debate on the merits so the Amer- The question is, Is it the sense of the panies with lesser gross revenues will ican people can see our analysis of the Senate that debate on the motion to have to pay, all of which is directed—— problems and our proposed solutions proceed to S. 852, the Fairness in As- The ACTING PRESIDENT pro tem- and our openness to modifications to bestos Injury Resolution Act of 2005, pore. The Senate is not in order. produce the best possible bill because shall be brought to a close? The yeas

VerDate Sep 11 2014 14:48 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00038 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK1\BR07FE06.DAT BR07FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE February 7, 2006 CONGRESSIONAL RECORD—SENATE 1025 and nays are mandatory under the rule. providing no guarantees that they will neighbors, road the bus in comfort to The clerk will call the roll. receive fair and prompt compensation. an all-White school that was close by. The assistant legislative clerk called This bill and its payment structure She was walking 5 miles a day. the roll. could bankrupt small businesses, with But as Coretta herself would say in Mr. MCCONNELL. The following Sen- many of them shouldering a larger fi- later years, before she was a King, she ator was necessarily absent: the Sen- nancial burden under the bill then they was a Scott, Coretta Scott King. As a ator from Oklahoma (Mr. COBURN). currently do in the court system. Many Scott growing up in segregated Ala- The PRESIDING OFFICER (Mr. of these small businesses are not the bama, her parents taught her strength, CHAMBLISS). Are there any other Sen- evildoers here, but due to the payment taught her boldness, sharing that wis- ators in the Chamber desiring to vote? structure of the bill, they will find dom with her. It was this strength The yeas and nays resulted—yeas 98, themselves shouldering a large portion translated through great dignity over nays 1, as follows: of the liability. the course of her life that came to de- [Rollcall Vote No. 12 Leg.] I support the concept of a nonadver- fine her and to radiate from her from YEAS—98 sarial process to provide compensation the very beginning and throughout her to victims but a process that is fair to Akaka Domenici McConnell life. Alexander Dorgan Menendez all the parties involved. I believe that There was much discussion and re- Allard Durbin Mikulski this bill falls short, and while I voted flection on her faith, her inate strength Allen Ensign Murkowski for cloture I intend to vote against Baucus and graciousness, all of which sup- Enzi Murray final passage of this bill unless signifi- Bayh Feingold Nelson (FL) ported her through times, as many of Bennett Feinstein Nelson (NE) cant changes are made. the speakers and presenters today Biden Frist Obama f talked about, of extraordinary trials Bingaman Graham Pryor Bond Grassley Reed THE FUNERAL OF CORETTA SCOTT and suffering. Boxer Gregg Reid KING Today, while millions of people Brownback Hagel Roberts Bunning Harkin around the world watched, there were Rockefeller Mr. FRIST. Mr. President, in a few Burns Hatch four U.S. Presidents, I believe there Salazar moments, we will be closing down for Burr Hutchison Santorum were 13 colleagues—14 Senators, 13 of Byrd Inouye the evening. But I did want to com- Sarbanes my colleagues—dozens of Congressmen, Cantwell Isakson ment very briefly upon the wonderful Schumer Carper Jeffords experience that I and nine other of our clergy, community leaders, thousands Chafee Johnson Sessions of admirers, people from around the Shelby colleagues had over the course of today Chambliss Kennedy world, from South Africa, who spoke Clinton Kerry Smith as we attended the funeral of Coretta Cochran Kohl Snowe Scott King at the New Birth Mis- today, also celebrating the life and Specter Coleman Kyl sionary Baptist Church, down right contributions of Coretta Scott King, Collins Landrieu Stabenow the first lady of the civil rights move- Stevens just outside of Atlanta. Conrad Lautenberg ment and, as we heard from South Afri- Cornyn Leahy Sununu We had a bipartisan delegation that Craig Levin Talent left early this morning, joined by a ca, the first international lady of the Crapo Lieberman Thomas civil rights movement. Dayton Lincoln Thune House delegation, joined also, as most DeMint Lott Vitter people know, by the President and the I think all of us who went, and many DeWine Lugar Voinovich First Lady and three prior Presidents, people who shared this service on their Dodd Martinez Warner for what was, indeed, a memorial serv- televisions today, were humbled by her Dole McCain Wyden ice in many ways but, in truth, a great example. You can’t help but to be lifted NAYS—1 celebration for a great woman. She by her spirit. Oprah Winfrey observed Inhofe leaves a legacy of leading with grace. yesterday at the Ebenezer Baptist Church in Atlanta—and I did have the NOT VOTING—1 Few people have ever had the oppor- opportunity to share one Martin Lu- Coburn tunity of knowing someone like that. That was reflected in many comments ther King Day with the King family The PRESIDING OFFICER. On this over the course of the day at the fu- and with Coretta Scott King; I believe vote, the yeas are 98, the nays are 1. neral. it was 3 years ago, at the Ebenezer Three-fifths of the Senators duly cho- As a wife, as a mother, as a civil Baptist Church—that the great Rev- sen and sworn having voted in the af- rights leader, Mrs. King joins this large erend Martin Luther King, Jr., often firmative, the motion is agreed to. pantheon of great Americans whose preached that Mrs. King, ‘‘leaves us all Mr. LOTT. I move to reconsider the courage and whose dignity, whose bold- a better America than the America of vote, and I move to lay that motion on ness, whose tireless pursuit of social her childhood.’’ the table. justice transformed not only a genera- She leaves behind a tremendous leg- The motion to lay on the table was tion but the dreams and expectations acy and a great challenge to all of us; agreed to. of generations to follow. Over the that is, to lead our lives—and very Mr. LOTT. Mr. President, I suggest course of the statements and having much the thematic today was a real the absence of a quorum. the opportunity to circulate among celebration but what are we all going The PRESIDING OFFICER. The people who attended, the real global to be doing tomorrow? Are all our clerk will call the roll. impact of this woman, as I said, lead- thoughts going to be similar to what The assistant legislative clerk pro- ing by grace, focused on freedom and her thoughts were the day after her ceeded to call the roll. opportunity and social justice, was so husband was assassinated, that bold de- Mr. FRIST. Mr. President, I ask apparent. cision to go up to Memphis and to re- unanimous consent that the order for Born in April of 1927 on a family farm turn there 3 days later to be with her the quorum call be rescinded. down in Marion, AL, she grew up dur- people? That as we look ahead, how do The PRESIDING OFFICER (Mr. MAR- ing the Depression in the segregated we translate all this so that we all look TINEZ). Without objection, it is so or- South and early on experienced first- to our own lives to be led with courage dered. hand the unfairness and the racial in- and with grace and with the boldness Mr. NELSON of Florida. Mr. Presi- justice that had coursed through Amer- and dignity that she has shown, and to dent, although I voted to proceed to ican life. realize the dream to which she and her the bill I have strong concerns with As a child—and we learned through husband devoted their lives; that one this legislation. many stories over the course of today— day, one day soon, in their words, ‘‘this I am concerned that this bill will she would walk miles every day to at- Nation will rise up and live out the take away the rights of asbestos vic- tend a poor, one-room elementary true meaning of its creed’’—‘‘that all tims to have their day in court while school where her neighbors, White men are,’’ indeed ‘‘created equal.’’

VerDate Sep 11 2014 14:48 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00039 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK1\BR07FE06.DAT BR07FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 1026 CONGRESSIONAL RECORD—SENATE February 7, 2006 ASBESTOS childhood as many children do: playing Likewise, each Congress I have come to Mr. FRIST. Mr. President, we had a sports, causing mischief, and enjoying the floor to highlight a separate hate very important vote today on asbestos, the company of his family and friends. crime that has occurred in our coun- and we will be proceeding to that bill As the son of missionaries, he spent his try. tomorrow. It is a bill that I feel pas- childhood in a variety of places and In February, 2004 in Durham, NC, sionately about, a bill—as I shared wherever he ended up, his outgoing and Sean Ethan Owen, a 23-year-old gay with my colleagues who were with me friendly nature was sure to follow. man, was shot to death. According to earlier today in Atlanta at the fu- These qualities allowed him to make police, three men wanted to steal a car neral—that reflects, to me, the very friends quickly and adapt to new sur- and targeted Owen on a gay chat line. best of what this body should be re- roundings, and that was certainly the They then coaxed Owen to meet them flecting; that is, compassion for those case when his family moved to Bryant, for a date, then beat him, shot him, victims who today are not being com- an Arkansas town just south of Little and threw him into the Eno River. pensated, who suffer from asbestos ex- Rock, in 2002. In Bryant, Specialist Matthew Lawrence Taylor, Shelton posure with mesothelioma, with lung Kendall worked at a local restaurant, Deangelo Epps, and Derrick Arness cancer, with asbestosis; who today are where he became a favorite of the reg- Maiden beat their victim before at- not getting taken care of. In a sense, ular customers, while he finished his tempting to rob him of anything. Ac- they are not getting appropriate com- schooling. Later, when his parents cording to pathologists, Owen probably pensation, just compensation, either in moved to Europe to continue their mis- died relatively slowly by drowning in terms of time in which the decisions sionary work, he stayed in Arkansas to the river. are made or in the amount of resources continue classes at the University of I believe that the Government’s first that are to be directed to them. Central Arkansas in nearby Conway. duty is to defend its citizens, to defend So now is the time for us to address At UCA, he studied business but was them against the harms that come out this important issue. It is a jobs issue. considering following one of his pas- of hate. The Local Law Enforcement We talk about 150,000 people who have sions and pursuing a career in golf, pos- Enhancement Act is a symbol that can lost their jobs. We talk about the 77 sibly in golf-course design. become substance. I believe that by companies that have gone bankrupt— As a student, Specialist Kendall passing this legislation and changing not as companies but as employers. joined the U.S. Army Reserve for pri- current law, we can change hearts and And when they go bankrupt, thousands marily financial reasons but, over minds as well. and thousands of people lose their pen- time, came to enjoy his military life f and was ultimately considering a ca- sions and the jobs are lost. Now is our POSTAL REFORM opportunity. reer in the Army. Upon signing up for active duty last summer, he was sta- Mr. BOND. Mr. President, I rise to Just yesterday, I know there were a engage the chairman of the Homeland lot of statements made by those on the tioned at Fort Carson, CO, before being deployed with his unit to Iraq in No- Security and Governmental Affairs other side of the aisle that we should Committee in a colloquy regarding a stop this bill; it is a bad bill; we should vember of 2005. In Iraq, Specialist Ken- dall served with the 68th Armor Regi- provision contained within the man- not be addressing it and using post- ager’s amendment to S. 662, the Postal poning procedural moves and delay. ment of the 3rd Heavy Brigade Combat Team, where he served with distinc- Accountability and Enhancement Act. But we just can’t delay anymore. The manager’s amendment offered by I am delighted with the outcome of tion, most recently as a bodyguard for Senator COLLINS changes the language the vote today which shows that this an Army colonel. Tragically, he was killed on January 15 in Baqouba, Iraq, of section 3622 concerning rate and body is ready to take up this important service complaints that are brought to issue. We will be going to that issue to- when his military humvee was acciden- tally struck by an American Abrams the Postal Regulatory Commission. I morrow, and I look forward to address- ask the Senator to explain the purpose ing, through debate and amendments, tank. He was 21 years old. A memorial service was held for Spe- and intent of this change. I particu- an issue that will have a huge impact cialist Kendall on January 21, in Sum- larly want to be sure that this amend- on people’s lives both right now and merville, SC. Many of his friends and ment to the bill is not intended to, and well into the future. his family gathered to remember the does not deprive the Postal Regulatory f charming young man with the infec- Commission of its power to consider MORNING BUSINESS tious smile and to honor the brave sol- complaints relating to rates and the dier who had given his life in the fight provision of postal services. Mr. FRIST. Mr. President, I ask for freedom. Although words cannot Ms. COLLINS. I thank the gentleman unanimous consent that there now be a convey the sorrow felt by his loved from Missouri. He is correct. The period of morning business with Sen- ones, I hope they may find some solace amendment I propose to section 3622 ators permitted to speak for up to 10 remembering the way he lived his life does not and is not intended to pre- minutes each. and knowing that he touched the lives clude any interested party from secur- The PRESIDING OFFICER. Without of so many others. My thoughts and ing a hearing before the Postal Regu- objection, it is so ordered. prayers go out to his parents, Brandi latory Commission if it believes that f Lee and Penelope Jean, his brother and the rates being charged or the manner in which services being provided to HONORING OUR ARMED FORCES his sisters, and to all those who knew and loved him. His time with us was far that mailer or mailer group violates DUSTIN L. KENDALL too short but his spirit will live on in the act. It is my hope that in con- Mrs. LINCOLN. Mr. President, I rise us forever. ference that we can work to assure today to honor a young man from Ar- f that the Postal Regulatory Commis- kansas who recently lost his life while sion does not become embroiled in at- heroically serving our Nation in uni- LOCAL LAW ENFORCEMENT tempts to resolve disputes as to inter- form. SPC Dustin Kendall will be re- ENHANCEMENT ACT OF 2005 nal affairs or purely operational deci- membered by those who knew him as a Mr. SMITH. Mr. President, I rise sions of the Postal Service. This provi- charming and charismatic young man, today to speak about the need for hate sion is intended to protect the rights of who was beloved by his friends and crimes legislation. Each Congress, Sen- the mailing public against the poten- family and had a special gift for bring- ator KENNEDY and I introduce hate tial for monopoly abuse or other unjust ing smiles to the faces of everyone he crimes legislation that would add new or unfair conduct by the Postal Service met. categories to current hate crimes law, in terms of rates charged or the nature Growing up with a brother and four sending a signal that violence of any of service provided. sisters, Specialist Kendall spent his kind is unacceptable in our society. Mr. BOND. I thank the chairman.

VerDate Sep 11 2014 14:48 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00040 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK1\BR07FE06.DAT BR07FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE February 7, 2006 CONGRESSIONAL RECORD—SENATE 1027 VOTE EXPLANATION ical Weapons Working Group, has dedi- of Policy, Economics, and Innovation, Envi- cated over two decades of service to the ronmental Protection Agency, transmitting, Mr. INHOFE. Mr. President, on Feb- pursuant to law, the report of a rule entitled ruary 2, 2006, I was absent for the roll- chemical demilitarization project at Kentucky’s Bluegrass Army Depot. The ‘‘Approval and Promulgation of Implementa- call vote on the motion to waive the tion Plans; Wisconsin; General and Registra- Congressional Budget Act on Conrad continued progress of this project re- tion Permit Programs’’ (FRL No. 8020–1) re- amendment No. 2729 to Senate amend- flects Mr. William’s tremendous com- ceived on February 3, 2006; to the Committee ment 2702 to H.R. 4297, Tax Relief Ex- mitment to protecting the health and on Environment and Public Works. tension Reconciliation Act of 2005. My safety of the public, the depot workers, EC–5588. A communication from the Prin- absence was due to a previously sched- and the local environment. cipal Deputy Associate Administrator, Office Mr. William’s has engineered a pro- of Policy, Economics, and Innovation, Envi- uled speaking engagement at the Afri- ronmental Protection Agency, transmitting, ca Dinner in conjunction with the Na- gram which benefits the entire commu- nity by fostering public/private part- pursuant to law, the report of a rule entitled tional Prayer Breakfast. Had I been ‘‘Final Rule Making Findings of Failure to present, I would have voted nay on the nerships between environmental and Submit Required State Implementation business interests in order to create motion to waive. Additionally, I would Plans for Phase II of the NOx SIP Call’’ (FRL like to note that this absence did not jobs and clean up the environment. No. 8028–8) received on February 3, 2006; to affect the final outcome of the vote. With these efforts, Mr. Williams has the Committee on Environment and Public demonstrated a real commitment to Works. f the improvement of Central Kentucky. EC–5589. A communication from the Prin- cipal Deputy Associate Administrator, Office ADDITIONAL STATEMENTS I would like to take this opportunity to thank Mr. Craig Williams for his of Policy, Economics, and Innovation, Envi- ronmental Protection Agency, transmitting, service to the Kentucky Environ- pursuant to law, the report of a rule entitled TRIBUTE TO WILLIAM ‘‘BILL’’ mental Foundation and the Chemical ‘‘Interim Final Determination to Stay and/or TALLMAN Weapons Working Group. Kentucky is Defer Sanctions, Yolo-Solano Air Quality lucky to have had such a dedicated Management District’’ (FRL No. 8024–9) re- ∑ Mr. THUNE. Mr. President, today I community member.∑ ceived on February 3, 2006; to the Committee rise to honor William ‘‘Bill’’ Tallman. on Environment and Public Works. f Bill was the meteorologist in charge at EC–5590. A communication from the Prin- the Aberdeen office of the National MESSGE FROM THE HOUSE cipal Deputy Associate Administrator, Office Weather Service. At the time of his of Policy, Economics, and Innovation, Envi- death, Bill was on a voluntary, tem- ronmental Protection Agency, transmitting, porary assignment with the Federal ENROLLED BILL SIGNED pursuant to law, the report of a rule entitled Emergency Management Agency help- ‘‘National Emission Standards for Hazardous At 4:39 p.m., a message from the ing with the relief efforts in the gulf Air Pollutants: Plywood and Composite House of Representatives, delivered by Wood Products; List of Hazardous Air Pol- coast region that was devastated by Ms. Niland, one of its reading clerks, lutants, Lesser Quantity Designations, hurricanes this last season. announced that the Speaker has signed Source Category List’’ (FRL No. 8028–9) re- Bill was successful in many endeav- the following enrolled bill: ceived on February 3, 2006; to the Committee ors. While in Aberdeen he transitioned on Environment and Public Works. a small office to a large weather fore- S. 1932. An act to provide for reconciliation EC–5591. A communication from the Prin- pursuant to section 202(a) of the concurrent casting site responsible for providing cipal Deputy Associate Administrator, Office resolution on the budget for fiscal year 2006 of Policy, Economics, and Innovation, Envi- severe weather warnings to 28 counties. (H. Con. Res. 95). One of Bill’s most notable accomplish- ronmental Protection Agency, transmitting, The enrolled bill was signed subse- pursuant to law, the report of a rule entitled ments was founding the ‘‘Women in quently by the President pro tempore ‘‘Protection of Stratospheric Ozone: The 2006 Science’’ conference. This conference (Mr. STEVENS). Critical Use Exemption from the Phaseout of introduces high-school aged girls to the Methyl Bromide’’ ((RIN2060–AN18)(FRL No. many exciting career opportunities f 8028–2)) received on February 3, 2006; to the available in the science field. Bill ENROLLED BILL PRESENTED Committee on Environment and Public started this conference in 2002 with Works. only one class held in Aberdeen. This The Secretary of the Senate reported EC–5592. A communication from the Prin- year the conference will be held in five that on today, February 7, 2006, she had cipal Deputy Associate Administrator, Office presented to the President of the of Policy, Economics, and Innovation, Envi- different locations around the State of ronmental Protection Agency, transmitting, South Dakota. United States the following enrolled bill: pursuant to law, the report of a rule entitled Bill Tallman was a retired Air Force ‘‘Protections for Subjects in Human Re- major, having served 20 years in the S. 1932. An act to provide for reconciliation search’’ ((RIN2070–AD57)(FRL No. 7759–8)) re- Air Force as a meteorologist. Bill also pursuant to section 202(a) of the concurrent ceived on February 3, 2006; to the Committee resolution on the budget for fiscal year 2006 on Environment and Public Works. taught high school math before enlist- (R. Con. Res. 95). ing in the service. He is survived by his EC–5593. A communication from the Prin- wife Julie; two children, Jeff and f cipal Deputy Associate Administrator, Office of Policy, Economics, and Innovation, Envi- Sarah; four grandchildren; his mother, EXECUTIVE AND OTHER ronmental Protection Agency, transmitting, three brothers, and two sisters. Today I COMMUNICATIONS pursuant to law, the report of a rule entitled rise with Bill Tallman’s friends and The following communications were ‘‘Revisions to the California State Imple- family in remembering his selfless laid before the Senate, together with mentation Plan, Ventura County Air Pollu- dedication and service to those who tion Control District, Yolo-Solano Air Qual- accompanying papers, reports, and doc- ity Management District’’ (FRL No. 8025–2) had the pleasure to meet him and to uments, and were referred as indicated: the United States of America.∑ received on February 3, 2006; to the Com- EC–5586. A communication from the Prin- mittee on Environment and Public Works. f cipal Deputy Associate Administrator, Office EC–5594. A communication from the Prin- of Policy, Economics, and Innovation, Envi- cipal Deputy Associate Administrator, Office CONGRATULATIONS TO MR. CRAIG ronmental Protection Agency, transmitting, of Policy, Economics, and Innovation, Envi- WILLIAMS pursuant to law, the report of a rule entitled ronmental Protection Agency, transmitting, ∑ Mr. BUNNING. Mr. President, I ‘‘Approval and Promulgation of Air Quality pursuant to law, the report of a rule entitled would like to congratulate Mr. Craig Implementation Plans; Maine; Nitrogen Ox- ‘‘Imazethapyr; Pesticide Tolerance’’ (FRL Williams, recipient of the Richmond ides Exemption Request for Northern Maine’’ No. 7755–8) received on February 3, 2006; to (FRL No. 8027–5) received on February 3, 2006; the Committee on Agriculture, Nutrition, Chamber of Commerce 2006 Community to the Committee on Environment and Pub- and Forestry. Service Award. Mr. Williams, the exec- lic Works. EC–5595. A communication from the Under utive director of the Kentucky Envi- EC–5587. A communication from the Prin- Secretary of Defense for Personnel and Read- ronmental Foundation and the Chem- cipal Deputy Associate Administrator, Office iness, transmitting, a report on the approved

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retirement of Vice Admiral David L. Brewer S. 2250. A bill to award a Congressional S. 381 III, United States Navy, and his advance- Gold Medal to Dr. Norman E. Borlaug; to the At the request of Mr. SMITH, the ment to the grade of vice admiral on the re- Committee on Banking, Housing, and Urban name of the Senator from Maine (Ms. tired list; to the Committee on Armed Serv- Affairs. COLLINS) was added as a cosponsor of S. ices. By Mr. WYDEN: EC–5596. A communication from the Com- S. 2251. A bill to amend the Energy Policy 381, a bill to amend the Internal Rev- missioner, Social Security Administration, Act of 2005 to repeal the ultra-deepwater and enue Code of 1986 to encourage guaran- transmitting, pursuant to law, the Adminis- unconventional onshore natural gas and teed lifetime income payments from tration’s new Agency Strategic Plan (ASP) other petroleum research and development annuities and similar payments of life covering the period Fiscal Year 2006 through program; to the Committee on Energy and insurance proceeds at dates later than Fiscal Year 2011; to the Committee on Fi- Natural Resources. death by excluding from income a por- nance. By Mr. ENZI (for himself and Mr. tion of such payments. EC–5597. A communication from the Senior THOMAS): S. 828 Vice President, Congressional Affairs, Ex- S. 2252. A bill to designate the National port-Import Bank of the United States, Museum of Wildlife Art, located at 2820 At the request of Mr. HARKIN, the transmitting, pursuant to law, the Bank’s Rungius Road, Jackson, Wyoming, as the name of the Senator from Vermont 2005 Sub-Saharan Africa Report; to the Com- National Museum of Wildlife Art of the (Mr. JEFFORDS) was added as a cospon- mittee on Banking, Housing, and Urban Af- United States; to the Committee on Energy sor of S. 828, a bill to enhance and fur- fairs. and Natural Resources. ther research into paralysis and to im- EC–5598. A communication from the Gen- By Mr. DOMENICI (for himself, Mr. eral Counsel, National Credit Union Admin- prove rehabilitation and the quality of BINGAMAN, Mr. TALENT, and Mr. DOR- life for persons living with paralysis istration, transmitting, pursuant to law, the GAN): report of a rule entitled ‘‘Member Business S. 2253. A bill to require the Secretary of and other physical disabilities, and for Loans’’ (12 CFR Part 723) received on Feb- the Interior to offer the 181 Area of the Gulf other purposes. ruary 3, 2006; to the Committee on Banking, of Mexico for oil and gas leasing; to the Com- S. 908 Housing, and Urban Affairs. mittee on Energy and Natural Resources. At the request of Mr. MCCONNELL, EC–5599. A communication from the Direc- By Mr. DOMENICI: the name of the Senator from Nevada tor, National Institute of Standards and S. 2254. A bill to authorize the Secretary of Technology, Department of Commerce, (Mr. ENSIGN) was added as a cosponsor the Army to carry out restoration projects of S. 908, a bill to allow Congress, State transmitting, pursuant to law, the report of along the Middle Rio Grande; to the Com- a rule entitled ‘‘Summer Undergraduate Re- mittee on Environment and Public Works. legislatures, and regulatory agencies to search Fellowships (SURF) Gaithersburg and By Mr. STEVENS (for himself, Mr. determine appropriate laws, rules, and Boulder Programs; Availability of Funds’’ INOUYE, Mr. ROBERTS, Mr. REED, and regulations to address the problems of (RIN0693–ZA66) received on February 3, 2006; Mr. BROWNBACK): weight gain, obesity, and health condi- to the Committee on Commerce, Science, S.J. Res. 28. A joint resolution approving tions associated with weight gain or and Transportation. the location of the commemorative work in EC–5600. A communication from the Chair- obesity. the District of Columbia honoring former man, Federal Energy Regulatory Commis- S. 914 President Dwight D. Eisenhower; to the sion, transmitting, pursuant to law, a report Committee on Energy and Natural Re- At the request of Mr. ALLARD, the describing the progress made in licensing sources. names of the Senator from Hawaii (Mr. and constructing the Alaska natural gas INOUYE) and the Senator from Ohio pipeline and describing any issue impeding f (Mr. DEWINE) were added as cosponsors that progress; to the Committee on Energy SUBMISSION OF CONCURRENT AND and Natural Resources. of S. 914, a bill to amend the Public EC–5601. A communication from the Direc- SENATE RESOLUTIONS Health Service Act to establish a com- tor, Office of Personnel Management, trans- The following concurrent resolutions petitive grant program to build capac- mitting, pursuant to law, the Office of Per- and Senate resolutions were read, and ity in veterinary medical education sonnel Management’s Federal Equal Oppor- referred (or acted upon), as indicated: and expand the workforce of veterinar- tunity Recruitment Program Report for Fis- By Mr. SANTORUM (for himself and ians engaged in public health practice cal Year 2005; to the Committee on Home- and biomedical research. land Security and Governmental Affairs. Mr. SPECTER): EC–5602. A communication from the Chair- S. Res. 367. A resolution congratulating the S. 1112 man of the Council of the District of Colum- Pittsburgh Steelers for their victory in At the request of Mr. GRASSLEY, the bia, transmitting, pursuant to law, a report Super Bowl XL; considered and agreed to. name of the Senator from Missouri on D.C. Act 16–249, ‘‘Brentwood Retail Center By Mr. REID: (Mr. BOND) was added as a cosponsor of Real Property Tax Exemption Act of 2006’’; S. Res. 368. A resolution to designate April S. 1112, a bill to make permanent the 1, 2006, as ‘‘National Asbestos Awareness to the Committee on Homeland Security and enhanced educational savings provi- Governmental Affairs. Day.’’; to the Committee on the Judiciary. EC–5603. A communication from the Chief By Ms. STABENOW (for herself, Mr. sions for qualified tuition programs en- Financial Officer, Department of Energy, COLEMAN, Mr. COCHRAN, and Mr. acted as part of the Economic Growth transmitting, pursuant to law, the report of FEINGOLD): and Tax Relief Reconciliation Act of a delay in the issuance of a report entitled S. Res. 369. A resolution congratulating the 2001. ‘‘Report on Carryover Balances’’; to the American Dental Association for sponsoring S. 1116 the 4th annual ‘‘Give Kids a Smile’’ program, Committee on Energy and Natural Re- At the request of Mrs. CLINTON, the which emphasizes the need to improve access sources. name of the Senator from Hawaii (Mr. f to dental care for children, and thanking dentists for volunteering their time to help INOUYE) was added as a cosponsor of S. INTRODUCTION OF BILLS AND provide needed dental care; considered and 1116, a bill to amend the Older Ameri- JOINT RESOLUTIONS agreed to. cans Act of 1965 to provide for mental The following bills and joint resolu- f health screening and treatment serv- ices, to amend the Public Health Serv- tions were introduced, read the first ADDITIONAL COSPONSORS and second times by unanimous con- ice Act to provide for integration of sent, and referred as indicated: S. 366 mental health services and mental health treatment outreach teams, and By Mr. SCHUMER: At the request of Mr. GREGG, the S. 2248. A bill to establish the Math and names of the Senator from Indiana for other purposes. Science Teaching Corps; to the Committee (Mr. LUGAR) and the Senator from Mis- S. 1479 on Health, Education, Labor, and Pensions. souri (Mr. TALENT) were added as co- At the request of Mr. DODD, the name By Mr. SANTORUM: sponsors of S. 366, a bill to improve of the Senator from Rhode Island (Mr. S. 2249. A bill to eliminate the requirement women’s access to health care services CHAFEE) was added as a cosponsor of S. that States collect Social Security numbers from applicants for recreational licenses; to and provide improved medical care by 1479, a bill to provide for the expansion the Committee on Finance. reducing the excessive burden the li- of Federal efforts concerning the pre- By Mr. GRASSLEY (for himself and ability system places on the delivery of vention, education, treatment, and re- Mr. HARKIN): obstetrical and gynecological services. search activities related to Lyme and

VerDate Sep 11 2014 14:48 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00042 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK1\BR07FE06.DAT BR07FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE February 7, 2006 CONGRESSIONAL RECORD—SENATE 1029 other tick-borne diseases, including Con. Res. 78, a concurrent resolution reational license must include their the establishment of a Tick-Borne Dis- condemning the Government of Iran Social Security Number on their appli- eases Advisory Committee. for violating its international nuclear cation form. And it is the application S. 1607 nonproliferation obligations and ex- that is the problem. In Pennsylvania At the request of Mr. LAUTENBERG, pressing support for efforts to report and many other States, the drivers’, the name of the Senator from Massa- Iran to the United Nations Security professional and occupational records chusetts (Mr. KENNEDY) was added as a Counsel. are automated or computerized, while cosponsor of S. 1607, a bill to amend S. RES. 180 the recreational licenses remain in a section 10501 of title 49, United States At the request of Mr. SCHUMER, the paper book often with multiple entries Code, to exclude solid waste disposal name of the Senator from Virginia (Mr. on a page. In my view, there are sig- from the jurisdiction of the Surface WARNER) was added as a cosponsor of S. nificant privacy concerns to continuing Transportation Board. Res. 180, a resolution supporting the this provision as it relates to rec- S. 2039 goals and ideals of a National reational licenses such as hunting and At the request of Mr. DURBIN, the Epidermolysis Bullosa Awareness Week fishing. In preparing this bill we asked the name of the Senator from California to raise public awareness and under- Congressional Research Service, CRS, (Mrs. BOXER) was added as a cosponsor standing of the disease and to foster about the effectiveness of this provi- of S. 2039, a bill to provide for loan re- understanding of the impact of the dis- sion. CRS spoke with the Pennsylvania payment for prosecutors and public de- ease on patients and their families. fenders. Child Support Program, PACSP, re- S. RES. 313 S. 2115 garding the effectiveness of retracting At the request of Ms. CANTWELL, the At the request of Ms. STABENOW, the or denying individuals hunting and name of the Senator from New York name of the Senator from Michigan fishing licensees. CRS indicated to my (Ms. STABENOW) was added as a cospon- (Mrs. CLINTON) was added as a cospon- staff that there have been very few in- sor of S. 2115, a bill to amend the Pub- sor of S. Res. 313, a resolution express- stances where individuals have been de- lic Health Service Act to improve pro- ing the sense of the Senate that a Na- nied hunting and fishing licenses for visions relating to Parkinson’s disease tional Methamphetamine Prevention falling behind in child support pay- research. Week should be established to increase ments. In the overwhelming majority awareness of methamphetamine and to S. 2134 of the instances where they have been educate the public on ways to help pre- At the request of Mr. SMITH, the denied, the custodial parent will tip-off name of the Senator from New York vent the use of that damaging narcotic. PACSP of the non-custodial parent’s (Mr. SCHUMER) was added as a cospon- S. RES. 365 interest in obtaining a hunting and sor of S. 2134, a bill to strengthen exist- At the request of Mr. HAGEL, his fishing license. PACSP can then notify ing programs to assist manufacturing name was added as a cosponsor of S. the PA Hunting and Gaming Commis- innovation and education, to expand Res. 365, a resolution to provide a 60 sion to deny the non-custodial parent a outreach programs for small and me- vote point of order against out-of-scope license. dium-sized manufacturers, and for material in conference reports and I have heard from a lot of hunters other purposes. open the process of earmarks in the about their legitimate concerns in giv- S. 2178 Senate. ing their Social Security Number when applying for a hunting license. This bill At the request of Mr. SCHUMER, the f name of the Senator from Michigan will repeal the Federal mandate that STATEMENTS ON INTRODUCED requires States to collect Social Secu- (Mr. LEVIN) was added as a cosponsor of S. 2178, a bill to make the stealing and BILLS AND JOINT RESOLUTIONS rity Numbers for recreational licenses. selling of telephone records a criminal By Mr. SANTORUM: The requirement for drivers’, profes- offense. S. 2249. A bill to eliminate the re- sional and occupational licenses would remain in place. My home State col- S. 2201 quirement that States collect Social league, Representative English, has in- At the request of Mr. OBAMA, the Security numbers from applicants for names of the Senator from Massachu- recreational licenses; to the Com- troduced a companion bill in the House of Representatives. I urge my col- setts (Mr. KERRY) and the Senator from mittee on Finance. leagues to consider cosponsoring this New Jersey (Mr. MENENDEZ) were added Mr. SANTORUM. Mr. President, I as cosponsors of S. 2201, a bill to amend rise to introduce the ‘‘Sportsmen’s Pri- legislation that restores the privacy title 49, United States Code, to modify vacy Protection Act’’ to address a rights of recreational hunters and fish- the mediation and implementation re- number or privacy concerns I have erman, while maintaining an effective quirements of section 40122 regarding heard from my constituents. When I system of child support enforcement. changes in the Federal Aviation Ad- worked with my colleagues to pass the By Mr. GRASSLEY (for himself ministration personnel management 1996 welfare reform law, we made sure and Mr. HARKIN): system, and for other purposes. that we created a system to hold par- S. 2250. A bill to award a congres- S. 2231 ents accountable for supporting their sional gold medal to Dr. Norman E. At the request of Mr. BYRD, the name children. A provision included in that Borlaug; to the Committee on Banking, of the Senator from Mississippi (Mr. law obligated States to implement new Housing, and Urban Affairs. COCHRAN) was added as a cosponsor of requirements to encourage payment of Mr. GRASSLEY. Mr. President, I am S. 2231, a bill to direct the Secretary of child support that cross-referenced So- calling upon Congress to honor Dr. Labor to prescribe additional coal mine cial Security Numbers of applicants for Norman E. Borlaug, the man of whom safety standards, to require additional drivers’ licenses, professional licenses, it is often said ‘‘has saved more lives penalties for habitual violators, and for occupational licenses and recreational than any other person who has ever other purposes. licenses. States that failed to imple- lived,’’ with the Congressional Gold S. 2235 ment these requirements would have Medal. At the request of Mr. SCHUMER, the faced the loss of Federal welfare fund- Dr. Borlaug is commonly known in name of the Senator from California ing. the agricultural world and beyond as (Mrs. BOXER) was added as a cosponsor Under current state law, Pennsyl- the father of the Green Revolution. His of S. 2235, a bill to posthumously award vania is required to revoke or deny rec- accomplishments in terms of bringing a congressional gold medal to Con- reational licenses, including hunting radical change to world agriculture and stance Baker Motley. and fishing licenses of parents who are uplifting humanity are without par- S. CON. RES. 78 behind on child support payments. As a allel. At the request of Ms. COLLINS, her result, any individual that applies or Named by TIME Magazine as one of name was added as a cosponsor of S. renews a driver’s, occupational or rec- the 100 most influential minds of the

VerDate Sep 11 2014 14:48 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00043 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK1\BR07FE06.DAT BR07FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 1030 CONGRESSIONAL RECORD—SENATE February 7, 2006 20th Century, Norman E. Borlaug is zerland, the United Kingdom and the culture and uplifting humanity are without one of the great stories of our time. United States. parallel. Norm, as he is known to all who work While Dr. Borlaug was born in Iowa, (6) In the immediate aftermath of World with him, was born in 1914 to Nor- he is truly a citizen of all of America War II, Dr. Borlaug spent 20 years working in and, indeed, of all the world. The State the poorest areas of rural Mexico. It was wegian-American parents outside the there that Dr. Borlaug made his break- town of Cresco in northeast Iowa near of Minnesota has enacted a special day through achievement in developing a strand the Iowa/Minnesota border. His boy- of recognition in his honor; He con- of wheat that could exponentially increase hood was spent on a Norman tinues as a teacher, serving as a Distin- yields while actively resisting disease. Rockwellesque farm and in a one-room guished Professor at Texas A&M Uni- (7) With the active support of the govern- schoolhouse. Eventually Norm found versity; and he has received honorary ments involved, Dr. Borlaug’s ‘‘green revolu- his way to the University of Minnesota degrees from colleges and universities tion’’ uplifted hundreds of thousands of the where he became a star in Big Ten in virtually every state of the union. rural poor in Mexico and saved hundreds of Reflecting this fact, a year ago the millions from famine and outright starva- Wrestling and earned a Ph.D. in Plant tion in India and Pakistan. Pathology. U.S. Senate passed a resolution desig- nating October 16 as World Food Prize (8) Dr. Borlaug’s approach to wheat pro- Following World War II, he spent 20 duction next spread throughout the Middle years working in the poorest areas of Day in America in honor of Dr. East. Soon thereafter his approach was rural Mexico. It was there that Dr. Borlaug. Beyond that, his name is adapted to rice growing, increasing the num- Borlaug made his breakthrough widely recognized in Mexico, India, ber of lives Dr. Borlaug has saved to more achievement in developing a strand of Pakistan and the Middle East reflect- than a billion people. wheat that could exponentially in- ing his great humanitarian achieve- (9) In 1970, Dr. Borlaug received the Nobel Prize, the only person working in agriculture crease yields while actively resisting ments in those countries. And he con- tinues to be honored throughout South to ever be so honored. Since then he has re- disease. ceived numerous honors and awards includ- With the strong support of the gov- Asia and Africa, for his ongoing efforts to expand the benefits of the Green ing the Presidential Medal of Freedom, the ernments involved, Dr. Borlaug’s Green Public Service Medal, the National Academy Revolution uplifted hundreds of thou- Revolution to the hundreds of millions of Sciences’ highest honor, and the Rotary sands of the rural poor in Mexico and of people still suffering from chronic International Award for World Under- saved hundreds of millions from famine hunger and malnutrition. standing and Peace. and outright starvation in India and Dr. Borlaug’s achievements are in (10) At age 91, Dr. Borlaug continues to Pakistan. His approach to wheat pro- keeping with the recent presentation of work to alleviate poverty and malnutrition. Congressional Gold Medals. He currently serves as president of Sasakawa duction next spread throughout the For over a half century, the scientific Global 2000 Africa Project, which seeks to ex- Middle East and was then adapted to and humanitarian achievements of Dr. tend the benefits of agricultural develop- rice growing, increasing the number of Norman E. Borlaug have kept starva- ment to the 800,000,000 people still mired in lives saved to more than one billion tion at bay for millions of people in poverty and malnutrition in sub-Saharan Af- rica. people. third world countries. Through the pas- In 1970 Norman E. Borlaug was (11) Dr. Borlaug continues to serve as sage of this legislation, the United Chairman of the Council of Advisors of the awarded the Nobel Peace Prize, the States Senate can recognize the hu- only person working in agriculture to World Food Prize, an organization he created manitarian contributions Dr. Borlaug in 1986 to be the ‘‘Nobel Prize for Food and ever be so honored, for a lifetime of has made to the entire world. The man Agriculture’’ and which presents a $250,000 work to feed a hungry world. Since who has saved more lives than any prize each October at a Ceremony in Des then, he has received numerous honors other person who has ever lived cer- Moines, Iowa, to the Laureate who has made and awards including the Presidential tainly deserves the highest honor the an exceptional achievement similar to Dr. Borlaug’s breakthrough 40 years ago. In the Medal of Freedom, The National Acad- Congress can bestow. emy of Sciences’ highest honor—the almost 20 years of its existence, the World As the only working farmer in the Food Prize has honored Laureates from Ban- Public Service Medal, and the Rotary U.S. Senate, I am proud and honored to International Award for World Under- gladesh, India, China, Mexico, Denmark, Si- introduce this important bill, and I call erra Leone, Switzerland, the United King- standing and Peace. upon my colleagues to support this dom, and the United States. At age 91, Dr. Borlaug continues to noble legislation. I ask unanimous con- (12) Dr. Borlaug has saved more lives than alleviate poverty and malnutrition. He sent that the text of the bill be printed any other person who has ever lived, and currently serves as president of in the RECORD. likely has saved more lives in the Islamic Sasakawa Global 2000 Africa Project, There being no objection, the text of world than any other human being in his- which seeks to extend the benefits of the bill was ordered to be printed in tory. agricultural development to the 800 (13) Due to a lifetime of work that has led the RECORD, as follows: to the saving and preservation of an untold million people still mired in poverty S. 2250 and malnutrition in Sub-Saharan Afri- amount of lives, Dr. Norman E. Borlaug is Be it enacted by the Senate and House of Rep- deserving of America’s highest civilian ca. resentatives of the United States of America in award: the congressional gold medal. Finally, Dr. Borlaug continues as Congress assembled, SEC. 3. CONGRESSIONAL GOLD MEDAL. Chairman of the Council of Advisors SECTION 1. SHORT TITLE. (a) PRESENTATION AUTHORIZED.—The Presi- for the World Food Prize, an organiza- This Act may be cited as the ‘‘Congres- dent Pro Tempore of the Senate and the tion he created in 1986 to be the ‘‘Nobel sional Tribute to Dr. Norman E. Borlaug Act Speaker of the House of Representatives are Prize for Food and Agriculture’’. of 2006’’. authorized to make appropriate arrange- The World Food Prize presents SEC. 2. FINDINGS. ments for the presentation, on behalf of Con- $250,000 award each October at an inter- Congress finds as follows: gress, of a gold medal of appropriate design, (1) Dr. Norman E. Borlaug, was born in national ceremony in Des Moines, IA, to Dr. Norman E. Borlaug, in recognition of Iowa where he grew up on a family farm, and his enduring contributions to the United to the Laureate who has made an ex- received his primary and secondary edu- States and the world. ceptional achievement similar to Dr. cation. (b) DESIGN AND STRIKING.—For the purpose Borlaug’s breakthrough forty years (2) Dr. Borlaug attended the University of of the presentation referred to in subsection ago. Beyond recognizing these people Minnesota where he received his B.A. and (a), the Secretary of the Treasury (in this for their personal accomplishments, Ph.D. degrees and was also a star NCAA Act referred to as the ‘‘Secretary’’) shall Borlaug saw the World Food Prize as a wrestler. strike a gold medal with suitable emblems, means of establishing role models who (3) For the past 20 years, Dr. Borlaug has devices, and inscriptions, to be determined lived in Texas where he is a member of the by the Secretary. would inspire others. faculty of Texas A&M University. SEC. 4. DUPLICATE MEDALS. In the 20 years of its existence, the (4) Dr. Borlaug also serves as President of Under such regulations as the Secretary World Food Prize has honored Laure- the Sasakawa Africa Association. may prescribe, the Secretary may strike and ates from Bangladesh, India, China, (5) Dr. Borlaug’s accomplishments in terms sell duplicates in bronze of the gold medal Mexico, Denmark, Sierra Leone, Swit- of bringing radical change to world agri- struck under section 3 at a price sufficient to

VerDate Sep 11 2014 14:48 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00044 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK1\BR07FE06.DAT BR07FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE February 7, 2006 CONGRESSIONAL RECORD—SENATE 1031 cover the cost thereof, including labor, mate- The National Museum of Wildlife Art By Mr. DOMENICI (for himself, rials, dies, use of machinery, and overhead was founded in 1987 with a private gift Mr. BINGAMAN, Mr. TALENT, and expenses, and the cost of the gold medal. of a collection of art and is accredited Mr. DORGAN): SEC. 5. STATUS AS NATIONAL MEDALS. with the American Association of Mu- S. 2253. A bill to require the Sec- (a) NATIONAL MEDAL.—The medal struck seums. The National Museum of Wild- under this Act is a national medal for pur- retary of the Interior to offer the 181 poses of chapter 51 of title 31, United States life Art features a collection of over Area of the Gulf of Mexico for oil and Code. 2,000 pieces of art portraying wildlife. gas leasing; to the Committee on En- (b) NUMISMATIC ITEMS.—For purposes of Dating from 2000 B.C. to the present, ergy and Natural Resources. section 5134 of title 31, United States Code, the collection chronicles much of the Mr. DOMENICI. Mr. President, today, all duplicate medals struck under this Act history of wildlife in art, focusing pri- shall be considered to be numismatic items. marily on European and American I introduce a bill to direct the Sec- SEC. 6. AUTHORITY TO USE FUND AMOUNTS; painting and sculpture. The collection retary of the Interior to hold a lease PROCEEDS OF SALE. of American art from the 19th and 20th sale within one year in the area known (a) AUTHORITY TO USE FUND AMOUNTS.— centuries is particularly strong, re- as 181. This bill does not in any way There are authorized to be charged against alter the moratorium law on the OCS. the United States Mint Public Enterprise cording European exploration of the American West. Many of these works The areas covered under this bill are Fund, such sums as may be necessary to pay not under executive or congressional for the cost of the medals struck under this predate photography, making them Act. vital representations of the frontier era moratorium. Furthermore, this bill (b) PROCEEDS OF SALE.—Amounts received in the history of the United States. protects a 100 mile buffer from the from the sale of duplicate bronze medals Using the collection as a base, the coastline of the State of Florida and it under section 4 shall be deposited in the central themes to the museum’s pro- protects the prerogative of the United United States Mint Public Enterprise Fund. gramming are connections between States armed forces to perform mili- tary activities in the Eastern Gulf of By Mr. ENZI (for himself and Mr. people, wildlife, and fine art. Even be- fore this designation, people from Mexico. These protections are explicit THOMAS): in the bill and can not be disputed. S. 2252. A bill to designate the Na- across the United States had discov- tional Museum of Wildlife Art, located ered the National Museum of Wildlife But more than that, this bill seeks to at 2820 Rungius Road, Jackson, Wyo- Art. Since its inception, it has become protect the American people from the ming, as the National Museum of Wild- an American West destination attrac- rising cost of heating their homes. life of the United States; to the Com- tion with an annual attendance of Only six years ago, the price of natural mittee on Energy and Natural Re- 92,000 visitors from all over the world gas in the U.S. was $2 per million btu. sources. and an award-winning Web site that re- In the past few months, we have wit- Mr. ENZI. Mr. President, I am privi- ceives more than 10,000 visits per week. nessed the price of natural gas rise leged to introduce a bill today that These visitors find wildlife on the above as much as $14 per million btu. provides a national designation to the walls of the museum but also outside of This morning, amidst a winter of National Museum of Wildlife Art in its doors. The National Museum of above-average temperatures through- Jackson, WY. As it should, a national Wildlife Art is housed in an out much of the United States, the designation signifies something unique architecturally significant and award- price of natural gas was over $8 per that belongs to all the people of our winning 51,000 square foot facility that million btu. In countries competing for Nation. Just as President Theodore overlooks the 28,000 acre National Elk our jobs, the price of the same com- Refuge and is adjacent to the Grand Roosevelt recognized the uniqueness of modity is substantially cheaper than Teton National Park. The museum dis- Devils Tower in Wyoming when he pro- that, in some cases one or two dollars plays and interprets this wildlife art in claimed it to be the first national per million btu. This increase in cost one of the few remaining areas of the monument, my bill recognizes the and volatility in the price of natural United States where native wildlife uniqueness of the National Museum of gas in the United States should have roams abundantly. Wildlife Art in Jackson, WY. Wildlife the immediate attention of our Na- The works in the museum are united tion’s policy makers. museums are not unusual in the United by their subject and their quality. The The effects of the rising price of nat- States. Art museums are not unusual permanent collection of the National ural gas cut across every major sector in the United States. This museum, Museum of Wildlife Art has grown to however, sets itself apart from all the more than 3,000 works by important of our Nation’s economy. Natural gas others as it focuses on wildlife art. historic American artists including Ed- is used as a major source for electricity This interdisciplinary approach fosters ward Hicks, Anna Hyatt Huntington, generation, home heating, cooling and education as the museum uses art to Charles M. Russell, William Merritt cooking, and as an essential feedstock teach people about wildlife and encour- Chase, and Alexander Calder, as well as for the production of ammonia for use ages wildlife lovers to explore art. The contemporary American artists Steve in fertilizer production. It is necessary museum’s educational focus is clear in Kestrel, Bart Walter, Nancy Howe, to the manufacturing of fabrics, glass, their motto ‘‘bringing people, wildlife John Nieto, Jamie Wyeth, and others. steel, plastics and paint. In short, af- and fine art together.’’ The National Museum of Wildlife Art fordable natural gas is of relevance to The person responsible for bringing seeks to educate a diverse audience every region and each State in this National Museum of Wildlife Art to my through collecting fine art focused on country and it is essential to maintain- attention is Margaret, Maggie, Webster wildlife, presenting exceptional exhibi- ing our Nation’s long-term sustained Scarlett. Given her involvement and tions, providing community, regional, economic growth. Think of the one-two accomplishments in the museum world, national, and international outreach, punch that will be dealt to the Amer- Maggie knows a worthy museum when and presenting extensive educational ican consumer if the U.S. housing mar- she sees it. In 2002, the Senate con- programming for adults and children. ket fails to sustain its unprecedented firmed Maggie as a member of the Na- A national designation presents a great growth of the last few years and energy tional Museum and Library Services opportunity to use the invaluable re- costs continue to rise. The Federal Re- Board. This 24-member advisory body sources of the National Museum of serve estimated that in 2004, the Amer- includes 20 Presidentially appointed Wildlife Art to teach the Nation’s ican people had approximately $600 bil- and Senate-confirmed members of the school children, through on-site visits, lion in their pockets from refinancing general public who have demonstrated traveling exhibits, classroom cur- and home equity loans. But an increas- expertise in, or commitment to, library riculum, on-line distance learning, and ing amount of that money is going or museum services. She also is cur- other educational initiatives. right back out to pay the added costs rently a member and past president of I look forward to officially recog- of heating those homes. Over a six year the board of trustees of the National nizing the renown of the National Mu- period, America’s natural gas bill has Museum of Wildlife Art. seum of Wildlife Art through this bill. risen from $50 billion to $200 billion.

VerDate Sep 11 2014 14:48 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00045 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK1\BR07FE06.DAT BR07FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 1032 CONGRESSIONAL RECORD—SENATE February 7, 2006 That is $150 billion less that the Amer- (d) LEASING PROGRAM.—The 181 Area shall area that would be made available by ican people have to spend, save and in- be offered for lease under this section not- the bill. I ask my colleagues to join me vest. And it serves as an additional withstanding the omission of the 181 Area in supporting this legislation. burden on the businesses that drive from any outer Continental Shelf leasing program under section 18 of the Outer Conti- By Mr. DOMENICI: this nation’s economy. This burden nental Shelf Lands Act (43 U.S.C. 1344). acts as a tax on the American people S. 2254. A bill to authorize the Sec- Mr. BINGAMAN. Mr. President, I am and only serves to stymie growth. retary of the Army to carry out res- pleased to cosponsor the bill offered by With this bill we seek to alleviate toration projects along the Middle Rio the chairman of the Energy and Nat- some of that burden. We direct the De- Grande; to the Committee on Environ- ural Resources Committee. This legis- partment of the Interior to lease an ment and Public Works. lation would require the Secretary of area that holds a potential of nearly 5 Mr. DOMENICI. Mr. President, we the Interior to offer for oil and gas tcf of gas. That is enough natural gas get few opportunities to help usher in lease certain lands within the original to heat and cool approximately five visionary projects that can potentially Lease Sale 181 Area in the Eastern Gulf million homes for a period of 15 years. transform communities, both of man of Mexico Planning Area. The lease The natural gas from this area will and of nature. I rise today to talk sale is to be conducted within 1 year have a real, substantial effect on the about such a project—one that has after the date of enactment of the leg- market and thus on the American con- been discussed before on this floor islation. sumer. Opening up this area will send when I helped unveil a vision that The original Lease Sale 181 Area was an immediate signal to the natural gas would rehabilitate and restore New proposed in 1997 by the Clinton admin- market that Congress is pushing to Mexico’s Bosque. I return here today to istration after negotiations with the quickly open up an area for production implement that vision that concerns late Governor Lawton Chiles. The area with great potential for a significant this long neglected treasure of the to be leased under the bill includes new supply of natural gas. The area is Southwest. only a portion of the original sale area, According to an old Chinese Proverb, close to existing infrastructure in the and does nothing to affect areas cur- Gulf of Mexico and is the best hope for ‘‘if you are thinking one year ahead, rently under congressional moratoria sow seed. If you are thinking ten years a large infusion of natural gas on the or Presidential withdrawal. No part of ahead, plant a tree. If you are thinking market in the near term. the area to be leased under the bill is This bill presents a choice between 100 years ahead, educate the people.’’ closer than 100 miles from the Florida affordable natural gas versus burying The bill I am introducing today encom- coastline. The so-called ‘‘stovepipe’’ our heads in the sand while American passes the wisdom of that proverb. portion of the original lease sale area The Albuquerque metropolitan area people foot the bill and manufacturing is not included in the area to be leased is the largest concentration of people jobs head overseas. There is certainly under the bill. Leasing east of the Mili- in New Mexico. It is also the home to bipartisan support for the idea of re- tary Mission line under the bill can the irreplaceable riparian forest which lieving the energy costs of the Amer- occur only with the prior written runs through the heart of the city and ican consumer, and I think that open- agreement of the Secretary of Defense surrounding towns that is the Bosque. ing Lease Sale 181 helps us achieve this that such area can be developed in a It is the largest continuous cottonwood goal. manner that will not interfere with forest in the Southwest, and one of the I ask unanimous consent that the military activities. last of its kind in the world. text of the bill be printed in the The area to be leased under the bill is Unfortunately, mismanagement, ne- RECORD. estimated to contain some 6.03Tcf of glect, and the effects of upstream de- There being no objection, the text of natural gas and 0.93 billion barrels of velopment have severely degraded the the bill was ordered to be printed in oil. In this time of record high oil and Bosque. The list of its woes is long: it the RECORD, as follows: gas prices, these energy resources can has been overrun by non-native vegeta- S. 2253 make a significant contribution to our tion; graffiti and trash mar locations Be it enacted by the Senate and House of Rep- domestic energy supply. Much of the along its length; the drought and build resentatives of the United States of America in necessary energy infrastructure is al- up of hazardous fuel have contributed Congress assembled, ready in place in this region, so produc- to fires. As a result, public access is SECTION 1. OFFSHORE OIL AND GAS LEASING IN 181 AREA OF GULF OF MEXICO. tion can come online and be marketed problematical and crucial habitat for (a) DEFINITIONS.—In this section: in the near term. scores of species is threatened. (1) 181 AREA.—The term ‘‘181 Area’’ means The lease sale is to take place within Yet the Middle Rio Grande Bosque the area identified in map 15, page 58, of the a year after the date of enactment of remains one of the most biologically Proposed Final Outer Continental Shelf Oil the provision. This time frame is in- diverse ecosystems in the Southwest. and Gas Leasing Program for 1997-2002 of the tended to allow full compliance with My goal is to restore the Bosque and Minerals Management Service. all applicable environmental laws. It is create a space that is open and attrac- (2) MILITARY MISSION LINE.—The term our expectation that expeditious, but tive to the public. ‘‘Military Mission Line’’ means the north- This is a grand undertaking to be south line at 86°41′ W. longitude. complete, environmental compliance (3) SECRETARY.—The term ‘‘Secretary’’ will be undertaken by the relevant sure; but I want to ensure that this ex- means the Secretary of the Interior, acting agencies. traordinary corridor of the South- through the Minerals Management Service. I regret that large portions of this western desert is preserved for genera- (b) LEASE SALE.—Except as otherwise pro- sale area were previously made off lim- tions to come—not only for genera- vided in this section, the Secretary shall its by the current administration. In tions of humans, but for the diverse offer the 181 Area for oil and gas leasing pur- 2001, Secretary Norton reduced the size plant and animal species that reside in suant to the Outer Continental Shelf Lands of the area to be offered in Lease Sale the Bosque as well. Act (43 U.S.C. 1331 et seq.) as soon as prac- The rehabilitation of this ecosystem ticable, but not later than 1 year, after the 181 from 5.9 million acres to 1.5 million date of enactment of this Act. acres. This action took off the table leads to greater protection for threat- (c) EXCLUDED AREAS.—In carrying out sub- over 61 percent of the gas resources, ened and endangered species; it means section (b), the Secretary shall not offer for some 7 Tcf, and 5-percent of the oil re- more migratory birds, healthier habi- oil and gas leasing— sources, about a billion barrels, esti- tat for fish, and greater numbers of (1) any area east of the Military Mission mated to be in the original area. towering cottonwood trees. This Line, unless the Secretary of Defense agrees Directing the Secretary to offer for project can increase the quality of life in writing before the area is offered for lease lease these additional portions of the for a city while assuring the health and that the area can be developed in a manner that will not interfere with military activi- Lease Sale 181 Area is one thing that stability of an entire ecosystem. Where ties; or the Congress can do to address our en- trash is now strewn, paths and trails (2) any area that is within 100 miles of the ergy situation in the near term. It is will run. Where jetty jacks and dis- coastline of the State of Florida. past time to proceed with leasing the carded rubble lie, cottonwoods will

VerDate Sep 11 2014 14:48 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00046 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK1\BR07FE06.DAT BR07FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE February 7, 2006 CONGRESSIONAL RECORD—SENATE 1033 grow. The dead trees and underbrush provides water to many people in the State (B) NON-FEDERAL FUNDING.—The full cost of that threaten devastating fire will be of New Mexico; any recreational features included as part of replaced by healthy groves of trees. (3) the Middle Rio Grande bosque should be a restoration project in excess of the amount School children will be able to study maintained in a manner that protects endan- described in subparagraph (A) shall be paid gered species and the flow of the Middle Rio by the non-Federal interests. and maybe catch sight of a bald eagle. Grande while making the Middle Rio Grande (4) CREDIT.—The non-Federal interests The chance to help build a dynamic bosque more accessible to the public; shall receive credit toward the non-Federal public space like this does not come (4) environmental restoration is an impor- share of the cost of design or construction around often, and I would like to see tant part of the mission of the Corps of Engi- activities carried out by the non-Federal in- Congress embrace that chance on this neers; and terests (including activities carried out be- occasion. (5) the Corps of Engineers should reestab- fore the execution of the cooperation agree- Having grown up along the Rio lish, where feasible, the hydrologic connec- ment for a restoration project) if the Sec- retary determines that the work performed Grande in Albuquerque, the Bosque is tion between the Middle Rio Grande and the Middle Rio Grande bosque to ensure the per- by the non-Federal interest is integral to the something I treasure, and I lament the manent healthy growth of vegetation native project. degradation that has occurred. Because to the Middle Rio Grande bosque. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. of this, I have been involved in Bosque SEC. 2. DEFINITIONS. There are authorized to be appropriated to restoration since 1991, and I commend In this Act: carry out this Act— the efforts of groups like the Bosque (1) MIDDLE RIO GRANDE.—The term ‘‘Middle (1) $10,000,000 for fiscal year 2006; and Coalition for the work they have done, Rio Grande’’ means the portion of the Rio (2) such sums as are necessary for each of fiscal years 2007 through 2015. and will continue to do, along the Grande from Cochiti Dam to the headwaters river. I propose to build on their efforts of Elephant Butte Resevoir, in the State of f New Mexico. with the legislation I am introducing SUBMITTED RESOLUTIONS (2) RESTORATION PROJECT.—The term ‘‘res- today. toration project’’ means a project carried I remain grateful to each of the par- out under this Act that will produce, con- ties who has been involved with this sistent with other Federal programs, SENATE RESOLUTION 367—CON- idea since its inception. Each one con- projects, and activities, immediate and sub- GRATULATING THE PITTSBURGH tributes a very critical component of stantial ecosystem restoration, preservation, STEELERS FOR THEIR VICTORY the project. The Middle Rio Grande recreation, and protection benefits. IN SUPER BOWL XL Conservancy District (the ‘‘MRGCD″) (3) SECRETARY.—The term ‘‘Secretary’’ Mr. SANTORUM (for himself and Mr. means the Secretary of the Army. owns the vital part of the Bosque SPECTER) submitted the following reso- which runs from the National Hispanic SEC. 3. MIDDLE RIO GRANDE RESTORATION. lution; which was considered and (a) RESTORATION PROJECTS.—The Secretary agreed to: Cultural Center north to the Paseo Del shall carry out restoration projects along Norte Bridge. The MRGCD has proven the Middle Rio Grande. S. RES. 367 to be a valuable local partner that has (b) PROJECT SELECTION.— Whereas, on Sunday, February 5, 2006, the worked with all parties to provide op- (1) IN GENERAL.—The Secretary may select Pittsburgh Steelers defeated the Seattle tions on how the Bosque can be pre- restoration projects in the Middle Rio Seahawks by a score of 21–10, in Detroit, served, protected and enjoyed by every- Grande based on feasibility studies. Michigan; Whereas that victory marks the 5th Super one. Additionally, the Army Corps of (2) USE OF EXISTING STUDIES AND PLANS.—In carrying out subsection (a), the Secretary Bowl Championship for the Steelers organi- Engineers is developing a preliminary shall use, to the maximum extent prac- zation, tying Pittsburgh with the San Fran- restoration plan for the Bosque along ticable, studies and plans in existence on the cisco 49ers and the Dallas Cowboys for the the Albuquerque corridor. date of enactment of this Act to identify the most Super Bowl wins in the history of the My bill authorizes $10 million dollars needs and priorities for restoration projects. National Football League; in Fiscal Year 2007 and such sums as (c) LOCAL PARTICIPATION.—In carrying out Whereas, after losing a game to Cincinnati are necessary for the following nine this Act, the Secretary shall consult with— on December 4, and dropping their record to years to complete projects, activities, (1) the Middle Rio Grande Endangered Spe- 7 wins and 5 losses, the Steelers won 8 con- cies Act Collaborative Program; and secutive games, the last of which earned the substantial ecosystem restoration, (2) the Bosque Improvement Group of the team an overall record of 15–5 and the right preservation, protection, and recre- Middle Rio Grande Bosque Initiative. to be named Super Bowl Champions; ation facilities along the Middle Rio (d) COST SHARING.— Whereas the path of the Steelers to the Grande. I urge my fellow members to (1) COST-SHARING AGREEMENT.—Before car- Super Bowl included road victories against help preserve this rare and diverse eco- rying out any restoration project under this the Cincinnati Bengals, the Indianapolis system and to aid the city of Albu- Act, the Secretary shall enter into an agree- Colts, and the Denver Broncos, making the querque and the State of New Mexico ment with the non-Federal interests that Steelers the 2nd team in NFL history to win in building a place to treasure. shall require the non-Federal interests— 3 playoff games on the road; (A) to pay 25 percent of the total costs of Whereas Bill Cowher, a Pittsburgh native I ask unanimous consent that the the restoration project through in-kind serv- and the longest tenured head coach in the text of the bill be printed in the ices or direct cash contributions, including NFL, was a steady presence throughout the RECORD. the cost of providing necessary land, ease- season and earned his 1st Super Bowl victory There being no objection, the bill was ments, rights-of-way, relocations, and dis- after 14 seasons at the helm of the Steelers ordered to be printed in the RECORD, as posal sites; team; follows: (B) to pay 100 percent of the operation, Whereas Jerome Bettis, who is affection- maintenance, repair, replacement, and reha- ately known as ‘‘The Bus,’’ and is the 5th S. 2254 bilitation costs associated with the restora- leading rusher in NFL history, was the emo- Be it enacted by the Senate and House of Rep- tion project that are incurred after the date tional leader of the Steelers team and was resentatives of the United States of America in of enactment of this Act; and able to return to his hometown of Detroit to Congress assembled, (C) to hold the United States harmless for participate in his 1st Super Bowl, after SECTION 1. FINDINGS. any claim or damage that may arise from which he announced his retirement from the Congress finds that— the negligence of the Federal Government or game of football; (1) the Middle Rio Grande bosque is— a contractor of the Federal Government. Whereas Hines Ward, who caught 5 passes (A) a unique riparian forest along the Mid- (2) NON-FEDERAL INTERESTS.—Notwith- for 123 yards and 1 touchdown, was named dle Rio Grande in New Mexico; standing section 221 of the Flood Control Act Most Valuable Player of Super Bowl XL, (B) the largest continuous cottonwood for- of 1970 (42 U.S.C. 1962d-5b), a non-Federal in- joining Franco Harris, Lynn Swann, and est in the Southwest; terest carrying out a restoration project Terry Bradshaw as the only Steelers to earn (C) 1 of the oldest continuously inhabited under this Act may include a nonprofit enti- that prestigious award; areas in the United States; ty. Whereas, at the age of 23, Pittsburgh quar- (D) home to portions of 6 pueblos; and (3) RECREATIONAL FEATURES.— terback Ben Roethlisberger was the young- (E) a critical flyway and wintering ground (A) IN GENERAL.—Any recreational features est starting quarterback ever to win a Super for migratory birds; included as part of a restoration project Bowl; (2) the portion of the Middle Rio Grande shall comprise not more that 30 percent of Whereas the defense of the Steelers, led by adjacent to the Middle Rio Grande bosque the total project cost. Pro-Bowl performers Troy Polamalu, Joey

VerDate Sep 11 2014 14:48 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00047 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK1\BR07FE06.DAT BR07FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 1034 CONGRESSIONAL RECORD—SENATE February 7, 2006 Porter, and Casey Hampton, held the highest Whereas 30 percent of all asbestos-related has 40% lung capacity. This means that scoring team in the NFL, the Seattle disease victims were exposed to asbestos on he can’t walk for any distance, he can’t Seahawks, to more than 18 points below naval ships and in shipyards; do simple jobs around the house such their season average of 28.3 points per game; Whereas asbestos was used in the construc- as mow the lawn, he can’t remember and tion of virtually all office buildings, public Whereas the Rooney family, who have schools, and homes built before 1975; and things such as when to take his medi- owned the Pittsburgh Steelers since the Whereas the establishment of a ‘‘National cation, he can’t drive because he is founding of the team in 1933, have provided Asbestos Awareness Day’’ would raise public drowsy and can’t concentrate on the the Steelers organization with a level of sta- awareness about the prevalence of asbestos- road.’’ bility and commitment to community that related diseases and the dangers of asbestos Margy Urnberg from Carson City, NV is unmatched in the modern sports environ- exposure: Now, therefore, be it had a father, Ronald Johnson, who died ment and have created a team that is as be- Resolved, That the Senate designates April from asbestos exposure. He worked in a loved by its hometown as any in the world; 1, 2006, as ‘‘National Asbestos Awareness vermiculite mine and second-hand ex- Now, therefore, be it Day’’. Resolved, That the Senate congratulates posure from living in Libby, MT. Alan Mr. REID. Mr. President, I rise to Reinstein, the Cofounder and Director the Pittsburgh Steelers on their hard-fought, submit a resolution to designate April well-deserved victory in Super Bowl XL. of Communications of the Asbestos 1, 2006, as ‘‘National Asbestos Aware- Disease Awareness Organization, is suf- f ness Day.’’ Submitting this resolution fering from acute mesothelioma. Alan is one small step in an effort to raise is fighting bravely and has responded SENATE RESOLUTION 368—TO DES- awareness of this dangerous substance to his illness as a call to action. IGNATE APRIL 1, 2006, AS ‘‘NA- and the painful effects that exposure to Yesterday I mentioned our brave vet- TIONAL ASBESTOS AWARENESS asbestos has caused throughout this erans who have been exposed to asbes- DAY.’’ country. Last year the Senate unani- tos, and the difficulty they have en- mously passed a similar resolution. It Mr. REID submitted the following countered in seeking compensation for is my hope that designating another that exposure. Steven Mitchell served resolution; which was referred to the National Asbestos Awareness Day will Committee on the Judiciary: ten years in the U.S. Navy as a boiler serve as a reminder that exposure to man. He worked in the engine and boil- S. RES. 368 asbestos remains a significant problem er rooms on several ships handling as- Whereas deadly asbestos fibers are invis- in this country, asbestos-induced ill- bestos insulation on a daily basis. ible and cannot be smelled or tasted; nesses continue to kill or disable After leaving the Navy, he returned to Whereas when airborne asbestos fibers are Americans at an alarming clip, and our work on his family farm raising wheat. inhaled or swallowed, the damage can be per- resolve to adequately protect the manent and irreversible; Steven was diagnosed with mesothe- Whereas those fibers can cause mesothe- rights of these victims must not falter. lioma and spent his last days in a V.A. lioma, asbestosis, lung cancer, and pleural There is no safe level of exposure to Nursing Home. Due to the intense pain, diseases; asbestos. Despite this fact, the sub- he was constantly administered mor- Whereas asbestos-related diseases can take stance still routinely manifests itself phine. Just before he died, he no longer 10 to 50 years to manifest themselves; in too many work environments. Ac- even recognized his daughter. Whereas the expected survival rate of cording to the Occupational Safety and We have seen the case of Philip those diagnosed with mesothelioma is be- Health Administration (OSHA), 1.3 mil- Schreyer, who began helping his coun- tween 6 and 24 months; lion Americans still face significant as- Whereas little is known about late-stage try with the war effort in 1942 at the treatment of, and there is no cure for, asbes- bestos exposure in their workplaces. Ford Motor Company’s Willow Run B– tos-related diseases; Some estimate that more than 27.5 mil- 24 bomber plant. This plant was pro- Whereas early detection of asbestos-re- lion workers have been exposed to as- ducing a bomber an hour during its lated diseases would give patients increased bestos while on the job. peak operation, and many asbestos treatment options and often improve their We know too well that the effect of products went into each section of the prognosis; exposure can be deadly. Diseases bombers. Later that year, Mr. Schreyer Whereas asbestos is a toxic and dangerous caused by asbestos include cancers of joined the Navy serving as a radio man substance and must be disposed of properly; the lung, digestive tract, colon, larynx, Whereas nearly half of the more than 1,000 aboard the USS Wyoming until 1946. screened firefighters, police officers, rescue esophagus, kidney and some types of The USS Wyoming shot off more rounds workers, and volunteers who responded to lymphoma; pleural disease; asbesostis; than any other ship during War World the World Trade Center attacks on Sep- and, of course, mesothelioma. For II. Every time around was fired dust tember 11, 2001, have new and persistent res- many of the more serious, asbestos-re- would come down off the insulated piratory problems; lated diseases, there is no cure. pipes like ‘‘snow’’. Little did Mr. Whereas the industry groups with the high- These devastating illnesses take the Schreyer know that this dust falling on est incidence rates of asbestos-related dis- lives of thirty Americans each day and him was deadly asbestos. eases, based on 2000 to 2002 data, were ship- ten thousand Americans each year. yard workers, vehicle body builders (includ- Phil survived World War II, an injury ing rail vehicles), pipefitters, carpenters and Countless others were exposed in their aboard a warship that ended his Navy electricians, and workers in the construction neighborhoods, in school yards and at career, and a hunting accident that (including insulation work and stripping), home. Hundreds of thousands of men cost him his leg. He did not survive as- extraction, energy and water supply, and and women have died or become se- bestos exposure. In 2002 he learned he manufacturing industries; verely ill due to asbestos exposure. had mesothelioma and was told by his Whereas the United States imports more The cases of disease and death caused doctors that he would not survive this than 30,000,000 pounds of asbestos used in by asbestos exposure are not abstrac- disease. The doctors were right. On products throughout the United States; tions. Real lives are affected and de- Whereas asbestos-related diseases kill January 20, 2005, Phil Schreyer, who 10,000 people in the United States each year; stroyed by this dreadful substance. I had survived so much, lost his final Whereas asbestos exposure is responsible have received countless letters from battle with mesothelioma and died. for 1 in every 125 deaths of men over the age victims of asbestos-related diseases Each one of the ten thousand Ameri- of 50; and their families. Each one shares an- cans who will die from asbestos expo- Whereas safety and prevention will reduce other story of loss and of pain, of sick- sure this year will have a similar story. asbestos exposure and asbestos-related dis- ness and of tragedy. Each one will leave behind a family eases; Adrienne Zapponi of Wellington, NV that will never be whole again. Each Whereas asbestos has been the largest sin- witnessed firsthand what asbestos does one is counting on us here in the Sen- gle cause of occupational cancer; Whereas asbestos is still a hazard for to the human body. Her husband suf- ate to ensure they have the means nec- 1,300,000 workers in the United States; fers from asbestos exposure. In her let- essary to pursue their rightful claim Whereas asbestos-related deaths have ter she wrote, ‘‘[My husband] cannot for the damages asbestos exposure has greatly increased in the last 20 years; enjoy a single day of life because he caused them and their families.

VerDate Sep 11 2014 14:48 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00048 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK1\BR07FE06.DAT BR07FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE February 7, 2006 CONGRESSIONAL RECORD—SENATE 1035 The so-called FAIR Act will not pro- AMENDMENTS SUBMITTED AND Francisco Maritime National Histor- vide these protections and that is why PROPOSED ical Park, and for other purposes; S. I oppose it. As I have explained, this SA 2738. Mr. BURNS (for himself and Mr. 1913, a bill to authorize the Secretary legislation attempts to set up an alter- BAUCUS) submitted an amendment intended of the Interior to lease a portion of the native system for recovery that is to be proposed by him to the bill S. 852, to Dorothy Buell Memorial Visitor Center doomed to failure and will unaccept- create a fair and efficient system to resolve for use as a visitor center for the Indi- ably impair the rights of victims. We in claims of victims for bodily injury caused by ana Dunes National Lakeshore, and for the Senate need to remind ourselves asbestos exposure, and for other purposes; other purposes; S. 1970, a bill to amend that our best efforts must always be di- which was ordered to lie on the table. the National Trails System Act to up- rected toward meeting the needs of vic- f date the feasibility and suitability tims, and the FAIR Act falls short. TEXT OF AMENDMENTS study originally prepared for the Trail of Tears National Historic Trail and f SA 2738. Mr. BURNS (for himself and provide for the inclusion of new trail SENATE RESOLUTION 369—CON- Mr. BAUCUS) submitted an amendment segments, land components, and camp- GRATULATING THE AMERICAN intended to be proposed by him to the grounds associated with that trail, and DENTAL ASSOCIATION FOR bill S. 852, to create a fair and efficient for other purposes; H.R. 562, a bill to SPONSORING THE 4TH ANNUAL system to resolve claims of victims for authorize the Government of Ukraine ‘‘GIVE KIDS A SMILE’’ PROGRAM, bodily injury caused by asbestos expo- to establish a memorial on Federal WHICH EMPHASIZES THE NEED sure, and for other purposes; which was land in the District of Columbia to TO IMPROVE ACCESS TO DENTAL ordered to lie on the table; as follows: honor the victims of the manmade CARE FOR CHILDREN, AND On page 72, line 18, strike ‘‘TLC or famine that occurred in Ukraine in THANKING DENTISTS FOR VOL- FVC’’ and insert ‘‘TLC, FVC, or 1932–1933; and H.R. 318, a bill to author- UNTEERING THEIR TIME TO DLCO’’. ize the Secretary of the Interior to HELP PROVIDE NEEDED DENTAL On page 123, line 3, strike ‘‘TLC or study the suitability and feasibility of CARE FVC’’ and insert ‘‘TLC, FVC, or designating Castle Nugent Farms lo- Ms. STABENOW (for herself, Mr. DLCO’’. cated on St. Croix, Virgin Islands, as a COLEMAN, Mr. COCHRAN, and Mr. FEIN- f unit of the National Park System, and GOLD) submitted the following resolu- NOTICES OF HEARINGS/MEETINGS for other purposes. tion; which was considered and agreed Because of the limited time available to: COMMITTEE ON ENERGY AND NATURAL for the hearing, witnesses may testify RESOURCES S. RES. 369 by invitation only. However, those Mr. DOMENICI. Mr. President, I Whereas access to dental care for children wishing to submit written testimony would like to announce for the infor- is a vital element of overall health care and for the hearing record should send two development; mation of the Senate and the public copies of their testimony to the Com- Whereas dental caries (more commonly that a hearing has been rescheduled be- mittee on Energy and Natural Re- known as tooth decay) is the most common fore the Committee on Energy and Nat- sources, United States Senate, SD–364 chronic childhood disease; ural Resources to consider the Presi- Dirksen Senate Office Building, Wash- Whereas untreated tooth decay results in dent’s Proposed Budget for FY 2007 for thousands of children experiencing poor eat- ington, D.C. 20510–6150. the Department of Energy. For further information, please con- ing and sleeping patterns, suffering de- The hearing originally scheduled for creased attention spans at school, and being tact Tom Lillie at (202) 224–5161 or unable to smile; Thursday, February 9 at 10 a.m. in David Szymanski at (202) 224–6293. Room SD–366 of the Dirksen Senate Of- Whereas due to a confluence of factors, f children eligible for Medicaid and the State fice Building will now be held at 9:30 children’s health insurance program are 3 to a.m. on the same day, in the same AUTHORITIES FOR COMMITTEES 5 times more likely than other children to room. TO MEET experience and suffer from untreated tooth Because of the limited time available COMMITTEE ON ARMED SERVICES decay; for the hearing, witnesses may testify Whereas dentists provide an estimated Mr. ALLARD. Mr. President, I ask by invitation only. However, those unanimous consent that the Com- $1,700,000,000 annually in non-reimbursed wishing to submit written testimony dental care; mittee on Armed Services be author- Whereas nearly 11,000 dentists provided ap- for the hearing record should send two ized to meet during the session of the proximately $33,000,000 of free care to almost copies of their testimony to the Com- Senate on March 7, 2006, at 9:30 a.m., to 500,000 children in the 3rd annual ‘‘Give Kids mittee on Energy and Natural Re- receive testimony from combatant a Smile’’ program held on February 4, 2005; sources, United States Senate, SD–364 commanders on their military strategy Whereas the participation of dentists in Dirksen Senate Office Building, Wash- and operational requirements, in re- the 4th annual ‘‘Give Kids a Smile’’ program, ington, DC 20510–6150. established and sponsored by the American view of the Defense Authorization Re- For further information, please con- quest for fiscal year 2007 and the Fu- Dental Association and held on February 3, tact Elizabeth Abrams at 202–224–0537. 2006, serves to remind people in the United ture Years Defense Program. States about the need to end untreated SUBCOMMITTEE ON NATIONAL PARKS The PRESIDING OFFICER. Without childhood dental disease; and Mr. THOMAS. Mr. President, I would objection, it is so ordered. Whereas the generous support of numerous like to announce for the information of COMMITTEE ON COMMERCE, SCIENCE, AND corporations, such as Crest Healthy Smiles, the Senate and the public that the fol- TRANSPORTATION Sullivan-Schein Dental, and DEXIS Digital lowing hearing has been scheduled be- Mr. ALLARD. Mr. President, I ask X-ray Systems, helps make the ‘‘Give Kids a fore the Subcommittee on National unanimous consent that the Com- Smile’’ program a success: Now, therefore, be it Parks of the Committee on Energy and mittee on Commerce, Science, and Resolved, That the Senate— Natural Resources: Transportation be authorized to meet (1) congratulates the American Dental As- The hearing will be held on Thurs- on Tuesday, February 7, 2006, at 10 sociation for establishing and continuing its day, February 16, 2006, at 2:30 p.m. in a.m., on Net Neutrality. sponsorship of the ‘‘Give Kids a Smile’’ pro- room SD–366 of the Dirksen Senate Of- The PRESIDING OFFICER. Without gram; fice Building in Washington, D.C. objection, it is so ordered. (2) emphasizes the need to improve access The purpose of the hearing is to re- COMMITTEE ON COMMERCE, SCIENCE, AND to dental care for children; ceive testimony on the following bills: TRANSPORTATION (3) thanks the thousands of dentists, dental hygienists, dental assistants, and others who S. 1870, a bill to clarify the authorities Mr. ALLARD. Mr. President, I ask volunteered their time to bring a smile to for the use of certain National Park unanimous consent that the Com- the faces of hundreds of thousands of chil- Service properties, within Golden Gate mittee on Commerce, Science, and dren on February 3, 2006; National Recreation Area and San Transportation be authorized to meet

VerDate Sep 11 2014 14:48 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00049 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK1\BR07FE06.DAT BR07FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 1036 CONGRESSIONAL RECORD—SENATE February 7, 2006 on Tuesday, February 7, 2006, at 2:30 February 7, 2006, at 2:30 p.m., in open stroyed equipment; second, it seeks p.m., on Nominations. session to receive testimony on con- consultation with Congress and the Na- The PRESIDING OFFICER. Without tracting issues in Iraq, in review of the tion’s Governors on any potential force objection, it is so ordered. Defense authorization request for fiscal structure changes. In a briefing today COMMITTEE ON FINANCE year 2007 and the future years Defense before the Senate Committee on Armed Mr. ALLARD. Mr. President, I ask program. Services, General Schoomaker assured unanimous consent that the Com- The PRESIDING OFFICER. Without members he has already begun this mittee on Finance be authorized to objection, it is so ordered. process of talking to the Nation’s Gov- meet during the session on Tuesday, f ernors and seeking more consultation February 7, 2006, at 10 a.m., in 215 Dirk- with affected Members of the Congress. HONORING THE SERVICE OF THE sen Senate Office Building, to hear tes- This resolution was cleared by the NATIONAL GUARD timony on ‘‘The President’s Fiscal Committee on Armed Services and sent Year 2007 Budget Proposal.’’ The fol- Mr. FRIST. Mr. President, I ask to the Senate last week. It has 54 co- lowing witness is scheduled to testify: unanimous consent that the Armed sponsors, including myself. It is bipar- The Honorable John W. Snow, Sec- Services Committee be discharged from tisan. It is direct. I urge my colleagues retary, U.S. Department of the Treas- further consideration of S. Res. 355, and the majority leader to ensure that this resolution be passed today. We ury. and the Senate then proceed to its im- cannot wait any longer. We must as- The PRESIDING OFFICER. Without mediate consideration. sure the Department of Defense, that objection, it is so ordered. The PRESIDING OFFICER. Without objection, it is so ordered. The clerk Congress has spoken, and that we will COMMITTEE ON FOREIGN RELATION be heard on this issue. Mr. ALLARD. Mr. President, I ask will report the resolution by title. The legislative clerk read as follows: Mr. FRIST. Mr. President, I ask unanimous consent that the Com- unanimous consent that the resolution mittee on the Foreign Relations be au- A resolution (S. Res. 355) honoring the be agreed to, the preamble be agreed thorized to meet during the session of service of the National Guard and requesting consultation by the Department of Defense to, the motion to reconsider be laid the Senate on Tuesday, February 7, with Congress and the chief executive offi- upon the table, and any statements re- 2006 at 2 p.m., to hold a hearing on cers of the States prior to offering proposals lating thereto be printed in the NATO. to change the National Guard force struc- RECORD, without intervening action or The PRESIDING OFFICER. Without ture. debate. objection, it is so ordered. There being no objection, the Senate The PRESIDING OFFICER. Without COMMITTEE ON THE JUDICIARY proceeded to consider the resolution. objection, it is so ordered. Mr. ALLARD. Mr President, I ask Mr. NELSON of Nebraska. Mr. Presi- The resolution (S. Res. 355) was unanimous consent that the Com- dent, I thank my colleagues for this op- agreed to. mittee on the Judiciary be authorized portunity to speak on S. Res. 355 re- The preamble was agreed to. The resolution, with its preamble, to meet to conduct a hearing on ‘‘Judi- garding the budget for the National reads as follows: cial Nominations’’ on Tuesday, Feb- Guard, a resolution which Senator S. RES. 355 ruary 7, 2006 at 4 p.m., in the Dirksen LINDSEY GRAHAM and I have cospon- Senate Office Building Room 226. sored. Whereas the Army National Guard and Air Panel I: The Honorable Luis G. Last week, a total of 75 Senators, in- National Guard of the United States, rep- Fortuno, United States Representative, resenting all 50 States, Guam, Puerto Rico, cluding myself, signed a letter to De- the United States Virgin Islands, and the Puerto Rico, Resident Commissioner. fense Secretary Rumsfeld opposing the District of Columbia, have played an indis- Panel II: Timothy C. Batten, Sr. to plan that proposes changes to the pensable role in the defense of our country; be United States District Judge for the standing force structure of the Na- Whereas during one phase of the Global Northern District of Georgia, Thomas tional Guard. This plan has raised seri- War on Terrorism, Army National Guard sol- E. Johnston to be United States Dis- ous concerns. diers comprised nearly half of the United trict Judge for the Southern District of Senator FRIST, the majority leader, States combat forces in Iraq; West Virginia, Leo Maury Gordon to be said last week on a national morning Whereas National Guard personnel are cur- a Judge of the United States Court of rently deployed in Afghanistan, Bosnia, news program that he would oppose Kosovo, and more than 40 other countries the International Trade, Aida M. cuts to the National Guard. around the world; Delgado Colon to be United States Dis- Nebraska National Guard General Whereas 90 percent of the troops on the trict Judge for the District of Puerto Roger Lempke, president of the Ad- ground in Louisiana and Mississippi respond- Rico. junct Generals Association, has aggres- ing to Hurricane Katrina were members of The PRESIDING OFFICER. Without sively questioned the proposed changes the National Guard; objection, it is so ordered. to the Guard. General Lempke and I Whereas while performing these critical missions, the National Guard continues to SUBCOMMITTEE ON FEDERAL FINANCIAL MAN- share another concern about the experience significant equipment shortages, AGEMENT, GOVERNMENT INFORMATION, AND Guard; that is, the increasing problem especially vehicle and radio shortages; INTERNATIONAL SECURITY it has with equipment shortages as a Whereas members of the National Guard Mr. ALLARD. Mr. President, I ask result of the war, damage, total de- are not ‘‘weekend warriors’’, but citizen-sol- unanimous consent that the Sub- struction, and the fact that much of diers and airmen who serve full-time when committee on Federal Financial Man- the equipment is most likely going to their country needs them to do so; agement, Government Information, be left in Iraq. Whereas the National Guard is a resource and International Security be author- Earlier this year, General Lempke shared by the chief executive officers of the ized to meet on Tuesday, February 7, briefed me on equipment shortages States and the President; 2006, at 3 p.m., for a field hearing re- Whereas the National Guard is America’s faced by the Nebraska National Guard. militia; garding ‘‘Federal Agencies and Con- I learned firsthand that the Guard in Whereas deployment to fight terrorism on ference Spending.’’ Nebraska is facing shortages of $35 mil- two fronts overseas, while protecting our The PRESIDING OFFICER. Without lion in equipment, from trucks to body homeland, has stretched the National Guard objection, it is so ordered. armor, from humvees to night-vision thin; SUBCOMMITTEE ON READINESS AND goggles. Whereas the future of the National Guard MANAGEMENT SUPPORT This prompted me, along with my could be determined by the Quadrennial De- fense Review (QDR) currently underway; Mr. ALLARD. Mr. President, I ask colleague, Senator LINDSEY GRAHAM, to Whereas the Army and Air Force could rec- unanimous consent that the Sub- introduce a resolution on the National ommend changes in the force structure of committee on Readiness and Manage- Guard that essentially does two things: the National Guard; ment Support be authorized to meet First, it asks the Pentagon to fully Whereas reductions in force structure during the session of the Senate on fund the Guard to restore lost and de- could impact numerous Army National

VerDate Sep 11 2014 14:48 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00050 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK1\BR07FE06.DAT BR07FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE February 7, 2006 CONGRESSIONAL RECORD—SENATE 1037 Guard armories and Air National Guard The preamble was agreed to. There being no objection, the Senate wings; The concurrent resolution, with its proceeded to consider the resolution. Whereas reductions in force structure com- preamble, reads as follows: Mr. SANTORUM. Mr. President, it is bined with the lack of adequate equipment an honor for me to be here today to for the National Guard threaten its capacity S. CON. RES. 69 to discharge its missions and its ability to Whereas congenital heart defects are struc- speak on behalf of a great organization respond in emergencies; tural problems with the heart that are and a great group of men who accom- Whereas homeland defense is the most im- present at birth; plished the heights of their profession. portant mission of the Department of De- Whereas such defects range in severity The Pittsburgh Steelers were vic- fense; and from simple problems, such as ‘‘holes’’ be- torious in Super Bowl XL on Sunday. Whereas the National Guard is the force tween chambers of the heart, to very severe As I speak right now, there is a parade best suited to defend the homeland and malformations, such as the complete absence going through downtown Pittsburgh of of one or more chambers or valves of the therefore the element from which resources our warriors, our champions who have should not be cut: Now, therefore, be it heart; Resolved, That the Senate— Whereas more than one million Americans brought back the Super Bowl trophy, (1) supports the vital Federal and State have some form of a congenital heart defect the Lombardi trophy, to Pittsburgh for missions of the Army National Guard of the and such defect is the number one cause of the fifth time, which ties a record with United States and the Air National Guard of death in infants; the San Francisco 49ers and the Dallas the United States, including support of ongo- Whereas out of 1000 births, eight babies Cowboys, having won five Super Bowls. ing missions in Iraq and Afghanistan and will have some form of a congenital heart During the 1970s, we won four and got homeland defense and disaster assistance disorder, and approximately 35,000 babies are comfortable with the fact that Pitts- and relief efforts; born with such defects each year; burgh was a city of champions, winning Whereas twice as many children die each (2) recommends that the Department of both football titles and two World Se- Defense propose fully funding the equipment year from congenital heart disease compared needs of the National Guard; with childhood cancers, yet funding for pedi- ries titles in 1972 and 1979; and in 1979 (3) believes that the Department of Defense atric cancer research is five times higher we won both the Super Bowl and the should, as soon as possible, consult with the than such funding for congenital heart dis- World Series. It has been a long time— chief executive officers of the States, as well ease; 26 years—since we were able to get, as as Congress, on any proposed changes to the Whereas cardiovascular disease is the Na- the saying goes in Pittsburgh, ‘‘one for National Guard force structure; tion’s leading killer in both men and women the thumb.’’ We didn’t yet have the one (4) requests that any plan of the Depart- among all racial and ethnic groups; for the thumb. But the time for the one Whereas the United States has a severe ment of Defense regarding the National for the thumb has come. We have, in Guard force structure take into account the shortage of cardiac centers that are fully role of the National Guard role in homeland equipped to provide care for adults living fact, gotten over the hump, and we defense and other State missions as defined with complex heart defects; have a lot more to look forward to, in by the chief executive officers of the States; Whereas almost one million Americans die my view, in the years to come with (5) requests that the Department of De- of cardiovascular disease each year, result- this great squad. fense prepare budget projections that detail ing in up to 42 percent of all deaths in the I congratulate, obviously, the team. I cost savings from any changes in National United States; also congratulate some other folks who Guard force structure, as well as projected Whereas the presence of a serious con- I think deserve particular recogni- genital heart defect often results in an enor- costs in the event large personnel increases tion—and, by the way, Senator SPEC- are necessary to respond to a national emer- mous emotional and financial strain on TER and I have put forth a congratula- gency; and young families who are already in a vulner- (6) requests that the Department of De- able stage of their lives; tory resolution, which we brought fense assure Congress and the chief executive Whereas severe congenital heart disease down to the floor and I am sure will be officers of the States that potential changes requires that families dedicate extensive fi- cleared and we will be able to get that in the National Guard force structure will nancial resources for assistance and care passed today. not impact the safety and security of the both within and outside of a hospital envi- I congratulate the Rooney family. United States people. ronment; This is a family enterprise that has Whereas congenial heart defects exceed been, since 1933, running the Steelers. I f more than $2.2 million a year for inpatient surgery alone; and don’t know of any other team in the DAY OF HEARTS, CONGENITAL NFL that has had the kind of stable HEART DEFECT DAY Whereas February 14, 2006, would be an ap- propriate day to recognize A Day for Hearts: ownership and closeness with the com- Mr. FRIST. Mr. President, I ask Congenital Heart Defect Awareness Day: munity that the Rooney ownership has unanimous consent that the HELP Now, therefore, be it brought over the past 73 years. They Committee be discharged from further Resolved by the Senate (the House of Rep- are a great Pittsburgh family. Art Roo- consideration of and the Senate pro- resentatives concurring), That the Congress ney, who bought the team back in 1933, ceed to S. Con. Res. 69. supports the goals and ideals of A Day of was one of the founders of the NFL. Hearts: Congenital Heart Defect Awareness The PRESIDING OFFICER. Without Day to— For years and years and years, he was objection, it is so ordered. The clerk (1) increase awareness about congenital one of the great men of football but will report the concurrent resolution heart defects; never won a championship for over 40 by title. (2) encourage research with respect to the years being in the league, and then The legislative clerk read as follows: disease; and they had a great run in the 1970s. A concurrent resolution (S. Con. Res. 69) (3) support the millions of Americans who After his passing, Dan, his son, took supporting the goals and ideals of a Day of are affected by this disease. it over, and has been a tremendous pil- Hearts, Congenital Heart Defect Day in order f lar of the Pittsburgh community. This to increase awareness about congenital heart is a man who is as humble as any man defects. CONGRATULATING THE I have ever met. In contrast with some There being no objection, the Senate PITTSBURGH STEELERS of the high-flying owners of the NFL, proceeded to consider the concurrent Mr. FRIST. Mr. President, I ask this is a man who still flies around in resolution. unanimous consent that the Senate a little single-engine plane. They have Mr. FRIST. Mr. President, I ask now proceed to consideration of S. Res. a training camp well out of town, so in- unanimous consent that the concur- 367 submitted earlier today. stead of having to drive from his home, rent resolution be agreed to, the pre- The PRESIDING OFFICER. The he takes this little plane and flies out amble be agreed to, and the motion to clerk will report the resolution by to the airport near St. Vincent College. reconsider be laid upon the table. title. He still remembers his roots and does The PRESIDING OFFICER. Without The legislative clerk read as follows: so much for the community. One of the objection, it is so ordered. A resolution (S. Res. 367) congratulating things he does most for the community The concurrent resolution (S. Con. the Pittsburgh Steelers for their victory in is he keeps the beloved Steelers a local Res. 69) was agreed to. Super Bowl XL. community team, a team that is good

VerDate Sep 11 2014 14:48 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00051 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK1\BR07FE06.DAT BR07FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 1038 CONGRESSIONAL RECORD—SENATE February 7, 2006 to its players and good to the commu- give the Steelers and the great attitude amble be agreed to, and the motion to nity and puts the community first. you bring to our fair city. reconsider be laid upon the table. That is one of the reasons the Steelers Mr. SPECTER. Mr. President, I rise The PRESIDING OFFICER. Without are so beloved in Pittsburgh—because to compliment the Pittsburgh Steelers objection, it is so ordered. they are so much a fabric in the city on a phenomenal season and a great The resolution (S. Res. 367) was because they participate in community Super Bowl victory. I regret I could not agreed to. organizations, and their players have go to Detroit to see the game. But a The preamble was agreed to. great relationships throughout the session had been scheduled many weeks The resolution, with its preamble, Pittsburgh area and make a difference ago to bring in Attorney General reads as follows: in the community. That is really what Gonzales on the electronic surveillance S. RES. 367 professional sports should be more issue at 9:30 yesterday morning. I Whereas, on Sunday, February 5, 2006, the about. checked it out, and the earliest I could Pittsburgh Steelers defeated the Seattle Seahawks by a score of 21–10, in Detroit, We have true role models in people have gotten back to Washington would Michigan; like Jerome Bettis who have added so have been the middle of the night. I Whereas that victory marks the 5th Super much to the texture of Pittsburgh. thought it more sensible to attend to Bowl Championship for the Steelers organi- Over the years, we have had many those important duties for the hearing zation, tying Pittsburgh with the San Fran- great players in and out, and because with the Attorney General and to cisco 49ers and the Dallas Cowboys for the of the leadership of the Rooney family watch the game on television. most Super Bowl wins in the history of the and the stability of the coaching ranks, I was very heartened to see that National Football League; from Chuck Knoll to Bill Cowher, we game, to see that 75-yard run, the long- Whereas, after losing a game to Cincinnati on December 4, and dropping their record to have seen that stability, that bond est in Super Bowl history, to see that 7 wins and 5 losses, the Steelers won 8 con- with the city that has been transferred phenomenal catch, practically a ‘‘hail secutive games, the last of which earned the to the players. They feel that special Mary,’’ on the 3-yard line, to see the team an overall record of 15–5 and the right relationship and obligation to be role young quarterback Ben Roethlisberger to be named Super Bowl Champions; models in the community. Overwhelm- carry it over on the replay and the Whereas the path of the Steelers to the ingly, they have lived up to that. great dispute about whether there was Super Bowl included road victories against So it is a very proud moment, not a touchdown, and it was a touchdown. the Cincinnati Bengals, the Indianapolis only because they won a football Colts, and the Denver Broncos, making the The earlier touchdown was nullified Steelers the 2nd team in NFL history to win game—in fact, they won four improb- when a Seattle receiver had pushed off 3 playoff games on the road; able games against worthy opponents— and been called with an infraction. And Whereas Bill Cowher, a Pittsburgh native they were a team that barely made the then when the Steelers were driving at and the longest tenured head coach in the playoffs, but they went through and 14 to 3 toward a putaway touchdown, NFL, was a steady presence throughout the not only got to a championship game the intercepted pass and long runback, season and earned his 1st Super Bowl victory and won the AFC championship, they and the Seahawks came within 14 to 10. after 14 seasons at the helm of the Steelers then won the Super Bowl. They are team; Then the Seahawks mounted a drive Whereas Jerome Bettis, who is affection- truly a remarkable team, inspired by and were closing in on a touchdown ately known as ‘‘The Bus,’’ and is the 5th this great family, the Rooney family, which would have put them ahead 17 to leading rusher in NFL history, was the emo- and a great coach, Bill Cowher, who 14, and then came the Steelers’ inter- tional leader of the Steelers team and was has been, again, another important ception. So, it was phenomenal and able to return to his hometown of Detroit to piece of the Pittsburgh family now for thrilling game. To have the Steelers, participate in his 1st Super Bowl, after better than a dozen years. He continues from a wild-card position, go on the which he announced his retirement from the to show that a hometown boy can come game of football; road and beat Cincinnati and then go Whereas Hines Ward, who caught 5 passes back, somebody who wasn’t a star in on the road and beat Denver and Indi- for 123 yards and 1 touchdown, was named the league but a solid guy from Pitts- anapolis and that phenomenal tackle Most Valuable Player of Super Bowl XL, burgh who understands the importance made by Roethlisberger, which may be joining Franco Harris, Lynn Swann, and of the Steelers to the community and as important in Steelers’ lore as the Terry Bradshaw as the only Steelers to earn lives by that ethic and the code the ‘‘immaculate reception’’ by Franco that prestigious award; Rooneys have established very well and Harris many years ago—as you can Whereas, at the age of 23, Pittsburgh quar- makes Pittsburgh a better place as a tell, I am a diehard football fan. terback Ben Roethlisberger was the young- est starting quarterback ever to win a Super result. The Steelers have brought great Bowl; It is great to see Coach Cowher get a credit to Pennsylvania with their vic- Whereas the defense of the Steelers, led by Super Bowl, it is great to see the team tory, great credit to America with Pro-Bowl performers Troy Polamalu, Joey back on top, and it is great to see their sportsmanship and accomplish- Porter, and Casey Hampton, held the highest Pittsburgh, a town that has gone ments. scoring team in the NFL, the Seattle through a lot in the steel industry in A special tribute to the Rooney fam- Seahawks, to more than 18 points below the 1970s—they have seen pretty dark ily which owns the Pittsburgh Steelers. their season average of 28.3 points per game; times in the 1980s in particular as a I had the privilege of knowing Mr. Art and community. We have been going Whereas the Rooney family, who have Rooney, who bought the Steelers in owned the Pittsburgh Steelers since the through a renaissance in Pittsburgh in about 1933 for reputedly $2,500. I have founding of the team in 1933, have provided the last 10, 12 years, a tremendous had occasion to work with his son Dan the Steelers organization with a level of sta- transformation of that city. It is nice Rooney, who is now the family patri- bility and commitment to community that to see that the Steelers put a punctua- arch, and his grandson Art Rooney. is unmatched in the modern sports environ- tion mark which, hopefully, draws They are a wonderful family. ment and have created a team that is as be- some attention and makes us feel bet- Bill Cowher is the coach. I know him, loved by its hometown as any in the world; ter about ourselves because not only to some extent. It is a great tribute. Now, therefore, be it Resolved, That the Senate congratulates have we made the transformation, but I have taken these few moments to the Pittsburgh Steelers on their hard-fought, we have a winning team and a good, comment about the great victory and well-deserved victory in Super Bowl XL. to offer congratulations. I am sorry positive attitude about how we go for- f ward. that I couldn’t be in Pittsburgh today So I am proud to be a Pittsburgher, to attend the parade. But we have a pa- CONGRATULATING THE AMERICAN and I am proud particularly to be a rade on the Senate floor which takes DENTAL ASSOCIATION Pittsburgh Steeler fan today. I con- my attention. I don’t think I will be Mr. FRIST. I ask unanimous consent gratulate the entire organization and missed in that crowd. that the Senate proceed to the imme- all of the people in Pittsburgh for the Mr. FRIST. I ask unanimous consent diate consideration of S. Res. 369, tremendous support you continue to the resolution be agreed to, the pre- which was submitted earlier today.

VerDate Sep 11 2014 14:48 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00052 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK1\BR07FE06.DAT BR07FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE February 7, 2006 CONGRESSIONAL RECORD—SENATE 1039 The PRESIDING OFFICER. The The resolution, with its preamble, ORDERS FOR WEDNESDAY, clerk will report the resolution by was agreed to as follows: FEBRUARY 8, 2006 title. S. RES. 369 Mr. FRIST. Mr. President, I ask The legislative clerk read as follows: Whereas access to dental care for children unanimous consent that when the Sen- A resolution (S. Res. 369) congratulating is a vital element of overall health care and ate completes its business today, it ad- the American Dental Association for spon- development; journ until 9:45 a.m. on Wednesday, soring the 4th annual ‘‘Give Kids a Smile’’ Whereas dental caries (more commonly February 8. I further ask that fol- program which emphasizes the need to im- known as tooth decay) is the most common prove access to dental care for children, and chronic childhood disease; lowing the prayer and pledge, the thanking dentists for volunteering their Whereas untreated tooth decay results in morning hour be deemed expired and time to help provide needed dental care. thousands of children experiencing poor eat- the Journal of proceedings be approved There being no objection, the Senate ing and sleeping patterns, suffering de- to date, the time for the two leaders be proceeded to consider the resolution. creased attention spans at school, and being reserved, and the Senate then begin a Ms. STABENOW. Mr. President, unable to smile; period of morning business for up to 1 Whereas due to a confluence of factors, today I wish to speak about a resolu- hour, with the first 30 minutes under children eligible for Medicaid and the State the control of the majority leader or tion to congratulate the American children’s health insurance program are 3 to Dental Association for establishing the 5 times more likely than other children to his designee and the second 30 minutes ‘‘Give Kids a Smile’’ Program. I am experience and suffer from untreated tooth under the control of the Democratic pleased to be joined by my colleagues, decay; leader or his designee. I further ask the Senators COLEMAN, COCHRAN, and FEIN- Whereas dentists provide an estimated Senate begin consideration of S. 852 for GOLD in recognizing this annual event. $1,700,000,000 annually in non-reimbursed debate only during Wednesday’s ses- This Friday is the fourth ‘‘Give Kids dental care; sion; further, that the Senate recess Whereas nearly 11,000 dentists provided ap- a Smile’’ day, which emphasizes the from 12:30 p.m. until 2:15 p.m. for the proximately $33,000,000 of free care to almost Democratic Party luncheon. need to improve dental care access for 500,000 children in the 3rd annual ‘‘Give Kids children. Tooth decay is the most com- a Smile’’ program held on February 4, 2005; The PRESIDING OFFICER. Without mon chronic childhood disease and can Whereas the participation of dentists in objection, it is so ordered. be the cause of poor eating and sleep- the 4th annual ‘‘Give Kids a Smile’’ program, ing patterns, decreased attention spans established and sponsored by the American f at school, and sadly, children not being Dental Association and held on February 3, PROGRAM able to smile. Children who are eligible 2006, serves to remind people in the United States about the need to end untreated Mr. FRIST. Mr. President, tomorrow for Medicaid and the State Children’s childhood dental disease; and Health Insurance Program are three to Whereas the generous support of numerous following morning business, the Senate five times more likely than other chil- corporations, such as Crest Healthy Smiles, will begin consideration of the bipar- dren to have untreated tooth decay. Sullivan-Schein Dental, and DEXIS Digital tisan asbestos bill. Senators should I also want to thank the members of X-ray Systems, helps make the ‘‘Give Kids a come to the Senate to debate the sub- the American Dental Association for Smile’’ program a success: Now, therefore, be stance of the legislation. Although no participating in this program. I am es- it amendments are in order to the bill pecially proud of all of the dentists in Resolved, That the Senate— during tomorrow’s session, Senators (1) congratulates the American Dental As- will be able to discuss their amend- Michigan who took the time to make sociation for establishing and continuing its the annual ‘‘Give Kids a Smile’’ day sponsorship of the ‘‘Give Kids a Smile’’ pro- ments. I encourage Senators to do so. such a great success. Last year, more gram; We should make tomorrow a full day of than 330 dentists in Michigan volun- (2) emphasizes the need to improve access discussion on asbestos. There will be a teered their valuable services for ‘‘Give to dental care for children; number of amendments to be consid- Kids a Smile’’ events across the State. (3) thanks the thousands of dentists, dental ered beginning Thursday morning. It is These dentists, along with more than hygienists, dental assistants, and others who important we begin those discussions 1,000 staff members and volunteers, volunteered their time to bring a smile to tomorrow so we can use our time effi- the faces of hundreds of thousands of chil- ciently on Thursday and Friday. provided dental treatment and oral dren on February 3, 2006; health information to more than 17,430 needy children. f f Mr. FRIST. Mr. President, I ask unanimous consent the resolution be APPOINTMENT TO READ WASHING- ADJOURNMENT UNTIL 9:45 A.M. agreed to, the preamble be agreed to, TON’S FAREWELL ADDRESS TOMORROW the motion to reconsider be laid upon The PRESIDING OFFICER. The Mr. FRIST. If there is no further the table, and any statements relating Chair, on behalf of the Vice President, business to come before the Senate, I thereto be printed in the RECORD. pursuant to the order of the Senate of ask unanimous consent that the Sen- The PRESIDING OFFICER. Without January 24, 1901, as modified by the ate stand in adjournment under the objection, it is so ordered. order of February 2, 2006, appoints the previous order. The resolution (S. Res. 369) was Senator from Colorado, Mr. SALAZAR, There being no objection, the Senate, agreed to. to read Washington’s Farewell Address at 7:20 p.m., adjourned until Wednes- The preamble was agreed to. on Friday, February 17, 2006. day, February 8, 2006, at 9:45 a.m.

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REMEMBERING ROGER GROSSMAN HONORING JUDGE MARIO J. TRIBUTE TO REPRESENTATIVE ROSSETTI COOPER EVANS HON. LYNN C. WOOLSEY HON. JIM NUSSLE OF CALIFORNIA HON. THOMAS M. REYNOLDS OF IOWA IN THE HOUSE OF REPRESENTATIVES OF NEW YORK IN THE HOUSE OF REPRESENTATIVES Tuesday, February 7, 2006 Tuesday, February 7, 2006 IN THE HOUSE OF REPRESENTATIVES Mr. NUSSLE. Mr. Speaker, I rise to pay trib- Ms. WOOLSEY. Mr. Speaker, I rise with Tuesday, February 7, 2006 ute to Representative Cooper Evans, who sadness today on the occasion of the death of Mr. REYNOLDS. Mr. Speaker, it is with passed away on December 22. my friend and constituent, Roger Grossman of great pride that I rise today to honor a re- Representative Evans served in the Iowa Mill Valley, California, who died January 26, spected jurist, a dedicated public servant and General Assembly from 1975 to 1979 and 2006, after an extended battle with prostate a trusted friend upon the occasion of his re- continued his service to Iowans in this Cham- cancer. tirement from the New York State Court of ber representing from 1980 until 1986. He was Roger was relatively new to Marin County, Claims. a friend and colleague to many Members who arriving 5 years ago as the new publisher for still serve in the U.S. House of Representa- the Marin Independent Journal, the IJ, the Born in Worcester, Massachusetts, to proud tives today. daily paper for thousands of residents. He immigrant parents, a long-time resident of Buf- One of the reasons I made the decision to quickly established himself as a forceful, as- falo and Williamsville, New York, Judge Mario enter public service was because of Cooper tute leader and a caring contributor to the J. Rossetti began his public service when he Evans. As a young student at Luther College community, both as an individual and in his joined the Niagara Frontier Port Authority early volunteering for Congressman Evans, I was role as newspaper publisher. in his legal career. Rossetti also served as a able to see firsthand his dedication to improv- confidential lawyer to the Erie County Surro- ing the lives of Iowans. Originally from Seattle where he got his gate’s Court through 1981. Following his service in Congress, he start with the Seattle Post-Intelligencer, Roger served as a policy advisor to President also worked at several radio stations, held Judge Rossetti’s dedication to public service George H.W. Bush beginning in 1991. In that publishing posts in San Diego and Michigan, culminated when he was nominated by Gov- capacity, Representative Evans continued his and wrote, ‘‘Eleven Steps to Advertising Suc- ernor Mario Cuomo, and confirmed by the service to Iowa by bringing his agriculture ex- cess.’’ In 1989 he joined MediaNews Group, New York State Senate, as a New York State perience and offering his voice as a Mid- the parent company of the Marin IJ. Court of Claims Judge in 1987. The day Judge Rossetti swore the oath of office was westerner within the administration. One of Roger’s best-known activities was Representative Evans led an impressive life. his crusade to bring attention to the issue of one of the proudest days of his life, though he lamented that his deceased father could not He served our country during World War II in workforce housing. Realizing that the high cost the Army Corps of Engineers, using skills he of housing in Marin County was hurting the witness it. Upon reappointment to the post by Governor George E. Pataki, Judge Rossetti learned at Iowa State University. When the economy by driving workers farther and farther United States began to strive for its goal to away, he ran a hard-hitting series highlighting has served as a Court of Claims Judge and Acting Supreme Court Justice since 1987. land an astronaut on the Moon, Cooper Evans the issue and championed the creation of the continued his work as an engineer, as NASA’s Marin Workforce Housing Trust by the Coun- Mr. Speaker, in the cases that have come Director of Lunar Missions. ty’s large employers. He also spoke out on before him, Judge Rossetti has dispensed jus- In more recent years, Representative Evans Marin’s high rates of both breast cancer and tice with great compassion and firmness of worked to promote agriculture throughout the prostate cancer, important public health judgment. Judge Rossetti’s deep love of the world and bring food to those in need through issues. law and his regard for the highest potential of his work with Volunteers in Overseas Cooper- A frequent presence at so many events that the legal profession deepened his sense of ative Assistance. This effort helped bring bet- an IJ editorial opined that he ‘‘seemed to be fulfillment while on the Court. Attorneys prac- ter nutrition and stability to those living in the everywhere,’’ Roger’s visibility was enhanced ticing before Judge Rossetti often remarked former Soviet republics. by his imposing physical stature, vibrant en- that they enjoyed trying cases before him be- Mr. Speaker, I am pleased to pay my re- ergy, and warmth of spirit. As an advocate for cause he let them try their cases as the advo- spects to Cooper Evans. He led a life of serv- the many nonprofits that are the fabric of the cates that they are supposed to be, with the ice to the people of Iowa. My thoughts are community, he supported causes ranging from Judge enforcing the rules of the court. with Jean Evans and her family and friends, the arts to health care to youth services. He Mr. Speaker, Mario Rossetti’s involvement as they grieve for their loss, but also celebrate served on many boards including Dominican in a variety of civic and community organiza- the life of Cooper Evans. University of California, Big Brothers Big Sis- tions have made their mark on the community. f ters, Marin Ballet, the Novato Chamber of Most of those endeavors also bore the unmis- ARTICLE BY RABBI ISRAEL Commerce, United Way, the California Film In- takable mark of Helen Rossetti, nee Pacini, ZOBERMAN stitute, and the School to Career Partnership Mario’s dear wife who passed away in June. and won several awards including Heart of Married in Buffalo in 1958, the couple had six Marin. children, Michael, Thomas, Ann Marie, Bar- HON. THELMA D. DRAKE He is survived by his wife Cheryl and chil- bara, David and Renee. OF VIRGINIA IN THE HOUSE OF REPRESENTATIVES dren Erik, Stephanie, Trent, and Elliott. Mr. Speaker, in recognition of and in grati- Mr. Speaker, Roger Grossman’s passing will tude for his service, leadership and patriotism, Tuesday, February 7, 2006 leave a hole in the fabric of Marin County. His I ask that this honorable body join me in hon- Mrs. DRAKE. Mr. Speaker, I am pleased to compassion, resolve, and buoyant energy oring Judge Mario J. Rossetti upon the occa- share the following article written by a con- leave a legacy for us in how one person can sion of his retirement, and wish him great stituent, Rabbi Israel Zoberman. make a difference to his community, his col- health and happiness in the days and years This is a time of critical crossroads. leagues, his family, and his many friends. ahead. Israel’s Prime Minister Sharon’s serious

● 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.

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Consequently he was forced political party, Kadima (Forward), Sharon’s to resign from his Defense Minister post with demeanor; awards 40 grants annually to popularity in the Israeli public has initially a bleak public future. He also experienced causes such as ‘‘Kids in the Law’’ and ‘‘When catapulted it in the polls to the top of the family adversity, losing two wives and an You’re Over 18’’ publications; and offers schol- March 28 scheduled elections with 40 rep- eleven year old son killed in a gun accident. arships and internships to applicants from all resentatives in Israel’s 120 seat Knesset (Par- A colorful man of charisma and charm, over the State. liament). It is doubtful now that presumably conflict and controversy, Sharon nonetheless Jim also spearheaded the creation of the in Sharon’s absence of active participation, succeeded in gaining his nation’s confidence Legal Heritage Institute which sends a high Kadima will muster such commanding influ- as Prime Minister due in large measure to school student to Sacramento for a week to ence. Palestinian terror and his tough aura though experience the courts and legal issues in the This reality allows the Likkud party, cre- his response to Palestinian provocation of ated by Sharon back in 1973 and decimated suicide bombings has been quite cautious, Capitol and for several years served as execu- by his defection due to its hard-line vis-a` -vis partly because, I believe, of his desire to re- tive director of the California Supreme Court the Palestinians and Sharon’s changed pos- habilitate his past tarnished image. His in- Historical Society where he focused on the re- ture, to reemerge as a potent power under sistence on erecting the security-barrier in covery and promotion of the State’s judicial Netanyahu’s present leadership. The door face of outside opposition substantially re- history. He retired from the foundation in 2003 has also been opened to potential gains by duced terrorist attacks. Nicknamed the due to advancing Parkinson’s disease. Labor with its head and rising star, Peretz, ‘‘bulldozer’’ who does not stop at a red light Jim’s community service includes volun- who defeated long-enduring Peres. with negative and positive attributes, he teering as lay eucharistic minister for the San An unsettled and unsettling Israeli scene is proved to be ‘‘the comeback kid’’ exhibiting Quentin Prison Ministry, developing and guid- bound to have repercussions, at least tempo- remarkable skills in Israel’s political mine- rarily, for the peace process which has fi- field. ing historical walking tours of San Rafael for nally gathered momentum given the dis- The last of Israel’s grandfatherly figures the Marin Historical Society, and working with engagement from Gaza and the northern inspiring awe, turning from politician into youth as recreation director for St. Andrew West Bank. A breakthrough move master- statesman, he enjoys a close working rela- Church in Marin City’s Vacation Bible School. minded by Sharon’s single-mindedness and tionship with President Bush who highly val- He also walked precincts for political can- quite smoothly facilitated with the aid of ues his Israeli partner in pursuit of common didates Faye d’Opal, Sharon Jackson, and Israel’s responsive democracy. The Palestin- goals in a terrorism threatened world. How- John Kerry. And Jim was a great supporter of ians and Arab rejectionists might be tempted ever, the basic bond between the two inti- mately linked allied countries will persist mine. to take advantage of the temporary vacuum Mr. Speaker, James Pfeiffer will be sorely left by Sharon though the government is with whoever is Israel’s leader or America’s. fully functioning, and test the waters, invit- Even as we pray for Sharon’s well-being we missed by his many friends and colleagues ing increased tension in a volatile context. traumatically learned of the fateful impact and especially by his devoted wife, Bonnie Sharon’s lasting legacy which can not be one man with a crushing burden of duty can Hough. His courage, spirit, and warmth were denied nor hopefully diminished but only en- make, and of the human boundaries of even an inspiration to all of us who knew him and hanced, is his crowning and courageous great historical personalities. In health and are a continual reminder not only of what we transformation from a right winger vehe- sickness, Sharon has come to symbolize an have lost, but also of what we can achieve. mently opposed to Rabin’s Oslo initiative to embattled Israel on the fronts of war and f a responsible leader who upon becoming peace fighting to prevail. Prime Minister painfully appreciated the f CONGRATULATIONS TO HOWARD need for a peaceful Palestinian state next to FRIEDMAN a secure Israel. I recall being in Sharon’s HONORING JAMES E. PFEIFFER company years ago when as the architect of West Bank settlements, he zealously dis- HON. BENJAMIN L. CARDIN played dotted maps. Thus his radically re- HON. LYNN C. WOOLSEY OF MARYLAND vised course was met with disbelief and hos- OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES tility by long time friends and supporters, IN THE HOUSE OF REPRESENTATIVES Tuesday, February 7, 2006 turning him into possibly the most guarded Tuesday, February 7, 2006 man on earth, traveling by helicopter rather Mr. CARDIN. Mr. Speaker, it is with great than car. Ms. WOOLSEY. Mr. Speaker, I rise today to honor that I rise today to congratulate Howard I will cherish my memorable encounter honor James E. Pfeiffer of Sausalito, Cali- Friedman on becoming the new President of with Sharon in December 2000 in Jerusalem, fornia, who died January 14, 2006, while hik- the American Israel Public Affairs Committee, exactly two months before first elected ing on the Marin County trails that he loved. AIPAC. Howard Friedman is one of the most Prime Minister. It was during a solidarity Jim will be remembered for his contributions to dedicated and talented individuals I know, and mission following the outbreak of the Sec- his community and the youth of California as AIPAC will be in good hands under his leader- ond Intifiada, triggered by Sharon’s explo- well as for the leadership he provided to the sive visit to the Temple Mount and his nem- ship. esis Arafat taking advantage of it, Foundation of the State Bar of California. Howard is a resident of Baltimore. He also unleashing unremitting violence against Born in St. Louis, Missouri, in 1945, Jim is the Managing Partner of Lanx Capital, a Israeli citizens while denying former Prime earned a B.A. from Wesleyan College in Iowa hedge fund advisory firm, and is the co-found- Minister Barak’s far-reaching negotiating and an M.A. from George Washington Univer- er and Vice Chairman of Circa Group, an in- concessions. I found Sharon approaching my sity in Washington, DC. He worked for the vestment group. In addition to his success in row and seating next to me. He was chair- YMCA in New York and Connecticut before the business world, Howard has a long- man of the Likkud and I saw no bodyguards relocating to California in 1976 as Program Di- standing commitment to Jewish communal af- around him. After he addressed our delega- rector of the Sonoma County YMCA. fairs. He has served as the Campaign Chair- tion I had the gumption to ask him if he would had visited the Temple Mount had he Jim also served stints at the YMCA in Los man of the Associated Jewish Community known how the Palestinians would exploit it. Gatos, the Diocese of San Jose, the Japanese Federation of Baltimore and as President of He simply responded, ‘‘They always have ex- American Community Center, and the Charles the Baltimore Jewish Council. He also serves cuses.’’ He did express sympathy for the Pal- Armstrong School, before becoming the first on numerous boards, including 1st Mariner estinians’ plight. His searching eyes of down- Director of the Foundation of the State Bar of Bank, AIPAC and Sinai Hospital. to-earth humanity yet steeled determination California upon its establishment in 1990. He In assuming the helm of AIPAC, Howard will remain with me. later became its first employee as well as con- knows these are difficult times for Israel and Just like Rabin the General he too was tinuing to manage a volunteer board of direc- the peace process. But he also knows that transformed into both visionary and realist, struggling for that elusive yet essential tors. Israel is an island of democracy and freedom peace. A war hero who was badly wounded in Founded to fund law-related education and in a sea of totalitarian, repressive regimes. As Israel’s 1948 War of Independence and distin- public service and to provide scholarships to the President of AIPAC, Howard will work to guished himself in the 1967 and 1973 wars, he law students, the organization under Jim’s continue to strengthen the U.S.-Israel relation- was deeply disappointed when not appointed leadership raised corporate sponsorships of ship. Israel is the only Western democracy in

VerDate Sep 11 2014 14:48 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00055 Fmt 0689 Sfmt 9920 E:\FDSYS\BOUNDRECORD\BOOK1\BR07FE06.DAT BR07FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 1042 EXTENSIONS OF REMARKS February 7, 2006 the Middle East and it’s vital that our bond re- HONORING JUDGE SHARON S. HONORING THE PEOTONE FIRE- mains unshakable. TOWNSEND MEN FOR 125 YEARS OF SERVICE The enemies of Israel are strong, and AIPAC is an important ally in combating those HON. THOMAS M. REYNOLDS HON. JERRY WELLER OF NEW YORK who seek the destruction of Israel. OF ILLINOIS IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Mr. Speaker, I urge my colleagues in the Tuesday, February 7, 2006 U.S. House of Representatives to congratulate Tuesday, February 7, 2006 Mr. REYNOLDS. Mr. Speaker, it is with Howard Friedman on his new role as Presi- Mr. WELLER. Mr. Speaker, I rise today to great pride that I rise today to honor a re- honor the Peotone Firemen who are cele- dent of AIPAC, and affirm our support for the spected jurist, a dedicated public servant and State of Israel. brating 125 years of service to the Village of a trusted friend upon the occasion of her se- Peotone and the surrounding area. The lection as recipient of the Susan B. Anthony Peotone Fire Protection District lies wholly f Award from the Interclub Council of Western within the 11th Congressional District in Illi- New York. HONORING THE MEMORY OF Judge Sharon S. Townsend is most deserv- nois. In 1881, the Village of Peotone purchased JUDGE ART DANNER ing of this award, as she exemplifies the spirit and character of Susan B. Anthony by her its first fire truck and the first drill for the volun- record of professionalism, community service teer firemen was held on April 15, 1881 under HON. SAM FARR and achievements. Judge Townsend was the the command of Captain John Fedde. In 1924 a Model T Fire Truck was purchased. The OF CALIFORNIA first woman in the Eighth Judicial District to be appointed Administrative Judge, a position she Rural Fire District was formed in 1940 and a IN THE HOUSE OF REPRESENTATIVES assumed in January 2003. tanker was purchased in 1953 that could carry This fine judge’s career is marked by her 1,000 gallons of water. In 1975, the Fire Dis- Tuesday, February 7, 2006 election to the New York State Supreme Court trict purchased an ambulance and had the first operational paramedics in will County. Mr. FARR. Mr. Speaker, I rise today to in November 2003, and she was previously elected to the Family Court in 1992 and re- 1978 was a banner year for the Fire District. honor the memory of my dear friend, the late The voters passed a resolution to support an Judge Art Danner. Art died unexpectedly on elected to a second 10-year term in November 2001. Judge Townsend’s community service ambulance service, the Peotone Fire Protec- Saturday the 28th of January, leaving a void also includes seven years as Justice in the tion District was established and the Peotone in both the legal community and the commu- Village of Williamsville. Fire Protection District accepted the Peotone nity at large. As a friend, experienced lawyer, Mr. Speaker, Judge Townsend’s involve- Fire Department as the organization to protect Superior Court Judge and respected public ment in a variety of civic and community orga- the residents of the district from fire; promote servant, Art heavily impacted Santa Cruz nizations have made their mark on the com- fire protection and prevention; and to provide County, and it is fitting that we honor him munity. She serves on the Board of Trustees emergency medical services to district resi- today. Art is survived by his wife, Betty Dan- and was a model court lead judge for the Na- dents. A new fire station broke ground in ner; his parents, Arthur Danner Jr. and Marie tional Council of Juvenile and Family Court March 1992 and was dedicated to the memory Danner; and his sons, Arthur and Andrew Judges. In 1995, she was appointed a mem- of Trustee Gerald Borchardt in 1993. Today, the Peotone Fire Protection District Danner. ber of the Permanent Judicial Commission on Justice for Children. Since 2003, she has has approximately 50-volunteer and part-time Art was revered in Santa Cruz for his com- served as a member of Chief Judge Kaye’s dedicated personnel under the direction of Fire mitment to justice and the strength of his per- Adoption Now Task Force, and she served as Chief John Young. The district maintains a sonal convictions. Art built a reputation for te- chair of the Family Court Advisory and Rules modern and well-equipped station at 7550 nacity as the district attorney for Santa Cruz Committee for the New York State Office of West Joliet Road in Peotone and also oper- County, as each of his cases was debated Court Administration for four years. ates two Advanced Life Support ambulances. with patience and fortitude. This determination Her community activities reflect this dedica- Residents in the entire Peotone area can rest was characteristic of Art throughout his career tion to Western New York. Her activities, assured they are well protected by firemen among others, include, YWCA Public Leader- as a prosecutor. As district attorney, he was from the Peotone Fire Protection District. ship Alumnae Network, Governor’s Commis- Mr. Speaker, I urge this body to identify and known for his tireless pursuit of justice and sion on Child Abuse and Neglect, Bryn-Lyn recognize other individuals in their own dis- was acutely aware of his responsibility to the Community Hospital Advisory Board, Millard tricts whose actions have so greatly benefitted public as the chief law enforcement officer in Fillmore Suburban Hospital and Gates Circle and strengthened America’s families and com- the County. This sense of responsibility and Operating Boards, Erie Community College munities. service resonated throughout the community, North Advisory Board, and served as an ad- f instilling public confidence in the judiciary and junct professor at Medaille College. the Judge himself. Her efforts have not gone unnoticed. Judge HONORING HOWARD T. PAGE Townsend was recipient of the Erie County Art retained these qualities as a jurist, prov- Court Appointed Special Advocates Light of ing to be dynamic in approach and pragmatic HON. ROBERT E. ANDREWS Hope Award, the Outstanding Jurist of the OF NEW JERSEY in his application of the law. In the courtroom, Year Award from the Erie County Judges and IN THE HOUSE OF REPRESENTATIVES he applied himself with imagination and fervor, Police Conference, and the Erie County Bar Tuesday, February 7, 2006 showing himself to be a considerate and pen- Association named her Jurist of the Year in sive judge, ensuring that every case before 2001. In March 2004, she was recognized as Mr. ANDREWS. Mr. Speaker, I rise today to him was decided in accordance with estab- one of the Women Making History in Erie recognize and honor Tom Page for his many lished law and the principles of justice, liberty County, and the next year she received from years of service to his community. Starting in and equality. the Women’s Bar Association of the State of 1958, Mr. Page devoted 30 years of his life to the Barrington Police Department, climbing the As a member of the society, he was held in New York, Western Chapter, the Lady Justice ranks from patrolman to chief. His service did the same high regard. Community groups A ward, named in memory of Judge Town- send’s mentor, the Honorable M. Dolores not end there. He went on to represent Bar- have recognized Art for his tireless work as a Denman. rington, New Jersey, as a councilman for a prosecutor, judge and active citizen. For all Mr. Speaker, in recognition of and in grati- total of 7 years, with a term as mayor in be- that knew him, both in his professional and tude for her service, leadership and patriotism, tween. personal capacity, he was an inspiration and I ask that this honorable body join me in hon- Mr. Page took time out of his busy schedule is regarded as a man of integrity and unrelent- oring Judge Sharon S. Townsend upon receiv- to coach in and manage the Barrington Little ing diligence. Today we honor the memory ing the Susan B. Anthony Award from the League and Girl’s Softball League. He is a and cherish the legacy of Judge Art Danner. Interclub Council of Western New York. past member of the Barrington Ambulance

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Corps., the PBA Local 328, and a past asso- thank my colleague Mr. KENNEDY for his lead- the Petrillas each exuded on the job, in their ciate member of the Barrington Fire Co. Tom ership on this issue. careers in education. And it is important to is retired from the International Association of f note, that that same love, generosity, empa- Chiefs of Police and NJ State Association of thy, nurturing and mentoring was and remains Chiefs of Police, as well as the ex-president of STEPHEN AND MARY PETRILLA: a hallmark of the Petrilla home. They are the Camden County Police Chiefs Assoc. Cur- GET WELL SOON proud parents of five children and eight grand- rently, Tom Page works for Camden County children and their family feels abundantly Department of Corrections as a training offi- HON. CHRISTOPHER H. SMITH blessed. They have shared with me inspiring cer. OF NEW JERSEY stories that truly capture their parent’s extraor- Tom Page is a pillar in my community, and IN THE HOUSE OF REPRESENTATIVES dinary example of reaching out and helping others throughout their lives. he has served us well for 43 years. I express Tuesday, February 7, 2006 my sincere gratitude to Mr. Page for over four We join with their family and friends in decades of service to his community. Mr. SMITH of New Jersey. Mr. Speaker, I thanking the Petrillas for dedicating them- f rise today to honor two very special people selves to successfully helping our community, while offering my prayers and warmest wishes and we offer our continued prayers for their STATEMENT IN SUPPORT OF for their quick return to full health. comfort and full recovery. CATHOLIC SCHOOLS WEEK Stephen and Mary Petrilla are 50 year resi- f dents of Hamilton Township—the largest mu- HON. BRIAN HIGGINS nicipality in my congressional district in central INTRODUCTION OF THE PRESCRIP- New Jersey. As teachers, parents and local TION DRUG SAFETY AND AF- OF NEW YORK FORDABILITY ACT IN THE HOUSE OF REPRESENTATIVES residents, they live quiet but influential lives, earning the respect and devotion of their stu- Tuesday, February 7, 2006 dents, neighbors, and fellow parishioners at HON. FORTNEY PETE STARK Mr. HIGGINS. Mr. Speaker, I rise today in Saints Peter and Paul Parish in Trenton, New OF CALIFORNIA strong support of House Resolution 657, Jersey. Their family and friends are inspired IN THE HOUSE OF REPRESENTATIVES which has been offered by Mr. KENNEDY from by their faith, kindness and commitment to Tuesday, February 7, 2006 Minnesota. I thank my colleague for intro- helping others. Mr. STARK. Mr. Speaker, I rise today to in- ducing this resolution during Catholic Schools Mr. Stephen Petrilla is a veteran of the troduce legislation that will bring some sanity Week 2006. United States Army and was injured while back to prescription drug marketing, and help Catholic Schools Week is an annual na- serving his country in the line of duty. He is a bring down the astronomical costs of prescrip- tional celebration of the important role that member of the American Legion, the DAV and tion drugs. The Prescription Drug Safety and Catholic elementary and secondary schools the Elks. Affordability Act will force manufacturers to across the country play in providing quality For nearly 75 years, Mr. Petrilla dedicated educate physicians instead of spending bil- education for American youth. The mission of his life to the field of education, helping chil- lions of dollars wining and dining them. these institutions—to build solid foundations dren in either a teaching or administrative ca- As Congress begins to investigate its own for lives of confidence, faith, and service—has pacity. A former administrator for two training ethics, we should also shed some light on the had a tremendous impact in shaping family schools in New Jersey, his expertise and pas- immoral relationships between the pharma- values and community life across the country, sion focused on special education, helping ceutical industry and physicians. Golf trips and and particularly in my community in Western children with mental retardation and working to lavish meals aren’t just for Members of Con- New York. ensure that State and local governments did gress. Though its hard to imagine, physicians In my hometown, neighborhoods are often more to meet the needs of our precious chil- may actually get more lobbying perks from the known by the names of their Catholic Schools dren who face special challenges. drug industry than Members of Congress do. and Parishes, and the many families that are Mr. Petrilla organized and directed shelter For far too long, the pharmaceutical industry active in Catholic schools are enriched by the workshops for challenged children across the has jeopardized patient safety and inflated values they espouse. Indeed, I have spent my State and later worked as a special education prescription drug prices by using tax-deduct- life as a first-hand witness to the beneficial teacher in Lawrence Township and at Sister ible dollars to underwrite their so-called ‘‘phy- work of Catholic schools. My mother was a Georgine’s Learning Center in Trenton. His in- sician education’’ efforts. According to a recent teacher at Our Lady of Perpetual Help, and spiring commitment to helping children has report in the Journal of the American Medical my two children, John and Maeve, are en- been recognized through various honors in- Association, JAMA, there is a clear conflict of rolled at St. Martin of Tours Catholic School in cluding being named a Fellow in the American interest when doctors become too cozy with South Buffalo. My family and I are personally Association of Mental Deficiency and being pharmaceutical companies. grateful for the contributions that America’s featured in various Who’s Who publications in- Drug companies annually spend about Catholic schools have been making to families cluding Who’s Who in the East, 1979, and $10,000 on every single physician in the like ours, and American society at large, for Who’s Who in Child Development Profes- United States trying to entice doctors to pre- more than four centuries. sionals, 1976. scribe their drugs. That adds up to nearly $8 Today, more than 7,700 Catholic schools Mrs. Mary Petrilla has been a constant billion in annual spending by drug companies and 160,000 Catholic school teachers nation- source of love and support for her husband marketing their products to physicians. It is not wide are making valuable contributions to edu- and her children, while also distinguishing her- unusual for doctors to receive lavish meals, all cation and are playing an integral role in shap- self in the teaching profession. After receiving expense paid ‘‘educational’’ trips to posh re- ing a brighter, stronger future for our nation. her bachelor of arts degree at St. Joseph’s, sorts, and lucrative consulting deals from Together, they will teach 2.4 million students, Mrs. Petrilla began working as a teacher even- pharmaceutical manufacturers. Every single an astounding 99 percent of which will grad- tually advancing her way to become one of dollar spent on these unnecessary gifts is tax uate and 97 percent of those graduates will go the first female elementary school principals in deductible for the drug industry as a general on to college. As these students become the Pennsbury School District. She also taught business expense. adults, their intelligence and character will adult education classes in Trenton while serv- The Pharmaceutical Research and Manu- benefit communities in Western New York and ing as a private tutor. For 20 years, Mrs. facturers of America, PhRMA, pretended to throughout the nation. Petrilla served as a home instructor for Ewing discourage these improper marketing ploys by I thank the National Catholic Educational Township Schools, helping children with ill- issuing conflict-of-interest guidelines in April Association and the United States Conference nesses who were physically or medically un- 2002. After announcing the guidelines with of Catholic Bishops for cosponsoring this able to go to school. She also served as a fanfare, they then paid the American Medical week-long event and for helping to increase supplemental teacher for ‘‘English as a Sec- Association to ‘‘educate’’ their members on awareness for Catholic education across this ond Language’’ and Basic Skills Instructor until these guidelines—that is, they gave doctors fi- great country. her retirement in 1994. nancial incentives to promote ethical guide- Mr. Speaker, I am pleased to join with my Lots of children have benefited from the lines that called for an end to financial incen- colleagues in supporting this resolution, and I hard work, commitment, love and compassion tives! It is obvious that PhRMA is not serious

VerDate Sep 11 2014 14:48 Mar 08, 2017 Jkt 000000 PO 00000 Frm 00057 Fmt 0689 Sfmt 9920 E:\FDSYS\BOUNDRECORD\BOOK1\BR07FE06.DAT BR07FE06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 1044 EXTENSIONS OF REMARKS February 7, 2006 about ending the practice of giving financial in- financial incentives for promoting drugs. gage them in the community and applaud their centives to doctors. The pharmaceutical companies spent $7.3 bil- worthy contributions. To achieve this end, I Regardless of what PhRMA may say, the lion on detailing to doctors in 2004, more asked my constituents to nominate a business marketing tactics are still working. It is clear than twice what was spent in 1997. These gifts to physicians contribute to the high woman whom they believed deserved recogni- from the JAMA study that self-policing won’t cost of medications for our patients. Tax- tion. work. ‘‘Although physician groups, manufactur- payers should not further subsidize this be- A woman whose compassion and charity ers, and the federal government have insti- havior through the deductibility of drug has been invaluable in lifting others to greater tuted self-regulation of marketing...current company promotions to physicians. heights. These women represent the very best controls will not satisfactorily protect the inter- Gifts from the pharmaceutical industry our State and Nation has to offer. It truly is an ests of patients.’’ have an eroding effect on the doctor-patient honor and a pleasure to serve as their Rep- Doctors swayed to prescribe a certain drug relationship. Numerous studies have docu- resentative in Congress. because of their financial ties to drug compa- mented how those gifts influence the pre- Woven from unique backgrounds, their his- scribing behavior of physicians, often in nies put their own personal interest above the ways that deviate from the recommended tories share a common thread—a refusal to health and safety of their patients. treatment guidelines. However, the most ob- allow obstacles placed in their way by out- This must stop now. My legislation will curb vious evidence that gifts influence physi- dated thinking or unpredictable circumstance unnecessary spending physician gifts to the cians in the fact that drug companies would to delay the pursuit of their dreams. benefit of all patients. not spend billions of dollars on pens, meals A wife, a mother, a medical professional, The Prescription Drug Safety and Afford- and honorarium if it didn’t work. and an active member of the community, Bar- ability Act is a simple way to ensure pharma- Since 2002 AMSA has been entirely inde- bara Jaehne could have found equal success ceutical companies’ behavior matches their pendent of funding from drug companies in as a juggler if her passions had not led into our meetings and publications, and we have rhetoric. This bill eliminates the tax-deduction called for other physician groups to follow the field of medicine. Currently, Jaehne serves that pharmaceutical companies currently re- our lead. Last month the Journal of the as chairman of the board of speech language ceive for spending on physician gifts. The bill American Medical Association published rec- in the Department of Pathology and Audiology specifically exempts free drug samples, as ommendations from leading academicians at the Florida Department of Health. that is often the only means by which unin- that academic medical centers—where physi- Her work managing two offices in Venice sured patients can get medications. cians are trained—should be entirely free of and Englewood and her involvement with ini- Unnecessary physician gifts from the drug pharmaceutical representatives, industry tiatives to improve the lives of the hearing im- industry unduly influence prescribing, increase sponsored meals and free samples. We ap- paired have not confined Jaehne to profes- drug prices and corporate profits, and endan- plaud the institutions of medical education for taking this step. sional pursuits. The Republican Executive ger patients who get the wrong prescriptions AMSA’s PharmFree Campaign Committee of Sarasota County, as well as the for the wrong reasons. By removing incentives (www.amsa.org/prof/pharmfree.cfm) has been Manatee Community College, is one of the for pharmaceutical companies to lavish gifts of cited in major medical journals, making varied organizations on whose behalf she vol- dubious public value on physicians, I hope AMSA a leader in removing the pharma- unteers her energy and her time. that pharmaceutical companies will either redi- ceutical companies’ influence in the practice Tracy Brainard is literally the ground-breaker rect those funds toward research and develop- of medicine. In 2005, AMSA launched the of this distinguished group. In her role as of- ment of lifesaving drugs or reduce the prices Counterdetailing Campaign where medical fice manager, Brainard is an integral member students teach physicians to use non-biased of prescription drugs for seniors and all Ameri- sources of information about prescription of the team at Coastal Construction South- cans. drugs. Time magazine and USA Today have west, a construction company owned and ad- The American Medical Student Association featured AMSA and our Counterdetailing ministered by women. Coastal Construction has endorsed the Prescription Drug Safety Campaign. Through AMSA, medical students President Evelyn Treworgy has made note of and Affordability Act. This group of future doc- continue to lead the drive to protect the doc- her ‘‘most unbelievable work ethic,’’ an invalu- tors—not yet beholden to the drug industry— tor-patient relationship from outside influ- able quality in any field. recognizes the importance of this bill and the ences. Recognizing the indispensable role she problems physician gifts cause in the doctor- The Prescription Drug Safety and Afford- holds within the company, Treworgy has stat- ability Act will remove the unhealthy influ- patient relationship. I am pleased to submit ence of the drug industry from the practice ed that Brainard is ‘‘respected, trusted and ab- their attached letter of support for inclusion in of medicine. AMSA is proud to support your solutely depended upon by not only the prin- the CONGRESSIONAL RECORD. efforts and leadership in this issue. If we can cipals but also fellow employees.’’ I urge my colleagues to join me in support help in any way, please contact Chris McCoy, It has been said of Cathy Boudreau that she of the Prescription Drug Safety and Afford- Legislative Affairs Director at 703–620–6600 x ‘‘works until all of her duties are completed’’ ability Act. Prohibiting the drug industry from 211. and her tasks are ‘‘always handled with com- lavishing unnecessary gifts on physicians is a Sincerely, plete professionalism.’’ If there were a key to nonpartisan issue that should receive bipar- LEANA S. WEN, Cathy’s success, it certainly is the single-mind- National President. tisan support. If we can clean up Congress ed commitment she brings to every endeavor. CHRISTOPHER P. MCCOY, there is no reason we shouldn’t clean up Legislative Affairs Di- From the front desk, where Boudreau began health care. It is time to stop using taxpayer rector. her career at the Palm Island Resort, to the dollars to fund marketing campaigns that put f office of the President, Boudreau has earned profits above patients. the high praise and respect of her colleagues AMERICAN MEDICAL STUDENT TRIBUTES TO BARBARA JAEHNE, and peers. ASSOCIATION FOUNDATION, TRACY BRAINARD, CATHY Another individual not content to limit her Reston, VA, February 1, 2006. BOUDREAU, CELIA SZELWACH horizons, Cathy also functions as event and Hon. PETE STARK, AND KENDALL JONES group planner and assistant to the director of House of Representatives, Cannon House Office sales and marketing. Building, Washington, DC. In 2000, when Celia Szelwach launched her DEAR REPRESENTATIVE STARK: On behalf of HON. KATHERINE HARRIS the 60,000 physician-in-training members of OF FLORIDA own company—Creative Collaborations Con- the American Medical Student Association IN THE HOUSE OF REPRESENTATIVES sulting—there were no surprised faces to be (AMSA), we would like to offer our strong found. After graduating in 1990 from West support for the Prescription Drug Safety and Tuesday, February 7, 2006 Point, Celia earned distinction as a senior par- Affordability Act. The impact of pharma- Ms. HARRIS. Mr. Speaker, I rise today to achutist and subsequently, her captain’s bars ceutical marketing on the professional be- recognize five extraordinary women whose while she led relief missions in the aftermath havior of physicians is very concerning to diligence and determination have led them to of Hurricane Andrew. the future physicians of America. AMSA has pinnacles of their chosen professions. Despite The skills which served her as a logistics long advocated for physicians to protect their independence from the pharmaceutical their numerous successes, it often is the case specialist in the Army were an asset in her industry. that their contributions are never recognized. various roles with the Tropicana Corporation. We applaud the Prescription Drug Safety One goal of my Women In Business Initia- Determined to positively impact others, Celia and Affordability Act as a way to reduce the tives is to highlight positive role models, en- shares her entrepreneurial vision through her

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This commitment As President of the society Darla has made She later wrote a cookbook. earned her recognition by the Girl Scouts Gulf certain that all cultural and ethnic groups in Rose Bouziane was born in Zahle, Lebanon, Coast of Florida branch, which awarded her the region are recognized in the local mu- on Feb. 7, 1906, to a sheep broker and a teach- the President’s Merit Award for service above seum. The couple has also been very involved er. She taught high school French and Ara- and beyond expectations, particularly in the in the Chamber of Commerce for many years. bic before her marriage in 1925 to business- man Nathra Nader. area of Hispanic outreach. It has been said of In addition, the Wyenos can be found volun- After immigrating to the United States, Celia that she possesses ‘‘tremendous per- teering for their church, where among other they settled in Connecticut, where his Main sonal strength and unlimited potential,’’ quali- things, they have been faithful choir members Street bakery-restaurant-general store in ties which have sustained her through difficult for over 50 years at the United Methodist Winsted, in the northwestern corner of the life challenges. Church of Ordway. state, became a redoubt for residents be- Kendall Jones. In the words of her business Harry and Darla Wyeno are two people moaning actions or inactions at the town partner, Anand Pallegar, Jones is ‘‘driven by whose strengths of love, devotion and commu- hall. the love of this community and a desire to On occasion, Mrs. Nader used newspaper nity service are wonderful examples for all of opinion pages to express her views. make it better.’’ As editor of the S2 Report, the us to follow. As a Member of Congress I am Writing in the New York Times in 1982, she only free digital daily business news report in proud to represent such fine citizens from denounced the use of ‘‘credibility phrases,’’ Sarasota and Manatee counties, Jones recog- Colorado’s Fourth Congressional District. such as ‘‘frankly,’’ ‘‘to tell you the truth’’ nizes that the business community is hungry f and ‘‘in all honesty,’’ that sometimes pre- for information, yet starved for time. Her suc- ceded a political statement or sales pitch. cess in reaching a balance is evident in the HONORING THE LIFE OF ROSE They gave her ‘‘the pervasive feeling that publication’s growing readership, not to men- NADER distrust is so widespread that people need to use such language to be believed.’’ tion the first-place award she received from In another editorial, she embraced mass the Gulf Coast Business Review for in-depth HON. JOHN CONYERS, JR. mailings from issue groups that are com- writing. OF MICHIGAN monly dismissed as ‘‘junk mail.’’ She wrote The audience Jones places the greatest pri- IN THE HOUSE OF REPRESENTATIVES that they often come from people ‘‘who care ority on reaching is an audience of one—her about their times.’’ daughter, whom she single-handedly raises. Tuesday, February 7, 2006 Her husband died in 1991. A son, Shafeek When she is not keeping the business com- Mr. CONYERS. Mr. Speaker, I rise to honor Nader, died in 1986. Besides Ralph Nader of Washington, sur- munity up to speed on events, Jones is busily the life of Rose Nader, who at age 99 died on vivors include two daughters, Claire Nader of trying to keep up with her daughter’s Brownie Tuesday, January 24, 2006, of congestive Washington and Winsted and Laura Nader of troop. heart failure. As you can see, Mrs. Nader in- Berkeley, Calif.; a sister; three grand- As separate and distinct as the stories of deed lived an honorable life. children; and three great-grandchildren. these five successful business women may Below is a reprint of her obituary that ap- Ralph Nader once said his mother ‘‘took us be, all serve to illustrate the power of the indi- peared in the Washington Post on January 26, out in the yard one day and asked us if we vidual to reach a goal, the value of hard work 2006: knew the price of eggs, of apples, of bananas. Then she asked us to put a price on clean air, and the necessity to never give in or give up. Mrs. Nader, who jousted with politicians the sunshine, the song of birds—and we were It is a pleasure to honor these five extraor- and complacency as a small-town activist stunned.’’ dinary women and to highlight their contribu- and was the mother of consumer advocate f tions to their businesses, their neighbors and Ralph Nader. their communities. Mrs. Nader developed a certain civic re- CONGRATULATIONS TO MOORE nown in 1955 when she confronted Sen. Pres- RUBLE YUDELL ARCHITECTS & f cott Bush (R–Conn.), the father and grand- PLANNERS TRIBUTE TO HARRY AND DARLA father of presidents. When Senator Bush vis- ited Winsted, following a catastrophic flood, WYENO, CITIZENS OF THE YEAR he was approached by Mrs. Nader at a public HON. SAM FARR gathering. When he offered his hand in an OF CALIFORNIA obligatory fashion, Mrs. Nader latched on HON. MARILYN N. MUSGRAVE IN THE HOUSE OF REPRESENTATIVES OF COLORADO and refused to free him until he promised to help a dry-dam proposal move forward. This Tuesday, February 7, 2006 IN THE HOUSE OF REPRESENTATIVES was fulfilled. Mr. FARR. Mr. Speaker, I rise today to con- Tuesday, February 7, 2006 Later, she advocated building a commu- gratulate Moore Ruble Yudell Architects & nity center for children, forming a speakers Mrs. MUSGRAVE. Mr. Speaker, I rise today club that would bring worldly lecturers to Planners, a Californian firm that has recently to honor Harry and Darla Wyeno who were re- the town, and expanding and preserving a been awarded the 2006 Architecture Firm cently honored with the Crowley County local hospital. Award by the American Institute of Architects, Chamber of Commerce Citizen of the Year At home, she could be implacable, particu- the AIA. The AIA Firm Award is the highest Award. The Wyenos were described as mak- larly about food. She emphasized homemade honor bestowed by the AIA, recognizing firms ing community service a labor of love. They items over packaged goods whose contents that have continued to produce distinguished have worked tirelessly for the benefit and pro- she found bewildering. She prohibited hot work for at least 10 years. The firm has con- motion of Crowley County. dogs and later beef because of the presence of tributed largely to institutional and cultural de- a growth-stimulating hormone linked to can- The Olney Springs couple was recognized cer. sign and it is fitting that we mention them for the volunteer work they do within the coun- She sweetened food with honey, not sugar, today, in particular the founding members ty, but especially for the work they do as and pushed her children to eat chickpeas in- Charles Moore, John Ruble and Buzz Yudell. members of the Crowley Heritage Society. stead of candy bars on their way to school. The firm was born from the founding mem- Although Darla is retired, she continues When news of this was publicized during bers’ dedication to habitation and the intersec- serving as the Town Clerk. Harry, who is also Ralph Nader’s rise to prominence, the Wall tion of people, place and culture. Moore Ruble retired, still continues to work part time at the Street Journal editorial page likened his Yudell’s early residential work evolved into a First National Bank of Ordway. mother to a Puritan. broad spectrum of private and public projects, This characterization was laughed at by Whenever they are not working these jobs, her children, even as they promoted the projects that are rarely mentioned without a they can be found volunteering. Darla is prob- story involving her distrustful relationship sense of wonderment. Their competition win- ably best known for her work as the President with chocolate. ning design for The American Embassy in and Chief Procurer of Crowley County. She Mrs. Nader later said: ‘‘When the children Berlin, nearing completion, represents Amer- continues to gather, archive, and present the convinced me that chocolate-frosted birth- ican democratic values abroad.

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