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					                                                       Congressional Record
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                                                                                                                             108 th CONGRESS, SECOND SESSION
         United States
          of America                                     PROCEEDINGS AND DEBATES OF THE


      Vol. 150                                                            WASHINGTON, MONDAY, APRIL 19, 2004                                                               No. 50


                                                    House of Representatives
                                      The House was not in session today. Its next meeting will be held on Tuesday, April 20, 2004, at 2 p.m.




                                                                                               Senate
                                                                                           MONDAY, APRIL 19, 2004

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


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

                                                                                                                                                                   S4075


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      S4076                                             CONGRESSIONAL RECORD — SENATE                                                        April 19, 2004
      America’s finest citizens and their                     team that rushed to rescue a platoon                   Air Force ROTC in high school. In an
      families.                                               pinned down by gunfire in Sadr City.                   interview with the Philadelphia In-
        More than 700 American troops have                      Seven of the eight were members of                   quirer, his former ROTC instructor re-
      died in the war, and this month, as we                  the Army’s 2nd Battalion, 5th Cavalry                  called Lance Corporal Roberts as ‘‘the
      all know, has been the deadliest month                  Regiment, 1st Cavalry Division. They                   rare recruit who seemed not to care
      for U.S. soldiers in Iraq. More than 100                had been in Iraq less than 3 weeks.                    about the steady employment, decent
      Americans soldiers have been killed in                  They were: Specialist Casey Sheehan,                   pay and educational benefits that the
      Iraq since April 1. Twelve more brave                   24, from Vacaville, CA; Specialist                     military offers. ‘He only talked about
      soldiers lost their lives in Iraq this                  Dustin Hiller, 25, of Opelika, AL; Spe-                serving his country.’ ’’
      past weekend.                                           cialist Ahmed Cason, 24, of McCalla,                     Marine Private First Class Ryan
        I come to the floor to pay tribute to                 AL; Corporal Forest Jostes, 22, of                     Jerback was from Oneida, WI. He was
      the sacrifice of these soldiers. They                   Albion, IL; Sergeant Yihjyn Chen, 31,                  killed by hostile fire in Fallujah. His
      sacrificed everything because our Na-                   from Saipan, Marianas Protectorate,                    father told the Green Bay Press Ga-
      tion asked them to, and we owe them                     who spoke five languages and became a                  zette that his son told him, ‘‘Dad,
      an enormous debt of gratitude. I say to                 U.S. citizen in the Army; and Private                  maybe I can go over there and make
      the grieving families of our fallen he-                 First Class Robert Arsiaga, and Spe-                   some change. Maybe I can do some-
      roes: America is with you in sorrow,                    cialist Israel Garza, two West Texans,                 thing with the people and show them
      and we will not forget you or the loved                 both 25, both married, who became best                 that we’re not animals here, you
      ones you have lost.                                     friends at Fort Hood.                                  know?’’
        On Holy Thursday, April 8, on the                       At a memorial service in Baghdad for                   ‘‘He gave everything he had,’’ his fa-
      western outskirts of Baghdad, on the                    the fallen seven, their Battalion com-                 ther said, ‘‘and it cost him his life.’’
      road to Fallujah, Marine Lance Cor-                     mander, Lieutenant Colonel Gary                          Six American soldiers died in Iraq on
      poral Levi Angell died when the                         Volesky, said, ‘‘Uncommon valor was                    April 7. Among them was Army Staff
      Humvee he was riding in was hit by a                    common that day.’’                                     Sergeant George Scott Rentschler, of
      rocket propelled grenade. He was 20                       The eighth soldier killed in the fire-               Louisville, KY. He was checking on his
      years old. After learning of his son’s                  fight in Sadr City, Sergeant Michael                   platoon members, who were working at
      death, Levi Angell’s father stood out-                  Mitchell, 25, of Porterville, CA, was                  a checkpoint, when a rocket propelled
      side the family’s home in St. Louis,                    with the Army’s 1st Armored Division.                  grenade hit the side of a tank in which
      MN, clutching an 8-by-10-inch photo of                  He had been in Baghdad for 11 months                   he was riding. Iraq was his second war.
      his son close to his heart. ‘‘This was                  and had re-enlisted 3 months before he                 He had also served in Bosnia.
      my son,’’ he told reporters. ‘‘I am as                  died. His father joined hundreds of                      His mother told the Louisville Glean-
      proud as proud can be of that young                     other people marching in a peace rally                 er, ‘‘He always told me that the only
      man.’’ He added, ‘‘It’s a sad, sad day.                 in San Luis Obispo on the first anniver-               way he would get hurt was if they took
      This is a sad, sad country right now.’’                 sary of the war. Bill Mitchell told re-                a rocket to the side of his tank. That’s
        This is a sad, sad day in South Da-                   porters, ‘‘I said, ‘Bring my son home                  what happened.’’
      kota, too. Last night, we learned that                  now.’ I should have said, ‘Bring my son                  Staff Sergeant Rentschler had been
      one of the 12 American soldiers killed                  home alive.’ ’’                                        scheduled to leave Iraq today. He was
      in Iraq this past weekend was a mem-                      Seven American soldiers died in Iraq                 31 years old. He leaves a wife and two
      ber of the South Dakota National                        on Monday, April 5, Passover. Among                    sons, ages 12 and 5.
      Guard. Army Specialist Dennis Morgan                    them     was    Army     Sergeant    Lee                 Eight Americans died in Iraq on
      was the sixth South Dakota soldier to                   Todacheene, of Farmington, New Mex-                    April 8, Holy Thursday. Marine Staff
      die in Iraq and the first member of the                 ico, a member of the Army’s 1st Infan-                 Sergeant      William      Harrell,      30,
      South Dakota National Guard killed in                   try medic unit. He was killed instantly                Placentia, CA, was one of them. He was
      this war. A military spokesman said he                  when mortar fire hit his guard post in                 killed by hostile fire in Fallujah.
      was helping clear mines and explosives                  Balad.                                                   His widow, Kelli, told the Associated
      Saturday when a roadside bomb went                        Sergeant Todacheene was the nephew                   Press that when she broke the news to
      off. He was 22 years old, and married.                  of Navajo Nation Vice President Frank                  her 7-year-old son, he asked her, ‘‘If
        He joined the Guard immediately                       Dayish Jr., through Dayish’s wife, Vir-                (Daddy) just got shot, can’t they help
      after graduating from high school in                    ginia. He is the third Native American                 him?’’ She replied, ‘‘Daddy can’t be
      Winner, SD, class of 2000. He had been                  soldier to die in Iraq. Army Specialist                helped right now. Daddy’s with God.’’
      in the Middle East for just under 2                     Lori Piestawa, a member of the Hopi                      Thirteen American soldiers died on
      months. Today, South Dakotans are                       tribe killed last March, was the first                 April 9, Good Friday. Among them was
      mourning Specialist Morgan’s death,                     woman killed in combat in the war.                     Army     National     Guard     Specialist
      and praying that his family can find                    Sheldon Hawk Eagle, a member of the                    Michelle Witmer, of New Berlin, WI,
      some comfort for their sorrow. We also                  Cheyenne River Sioux Tribe in South                    who died when her Humvee was am-
      pray for the safety of the soldiers who                 Dakota, died last November.                            bushed in Baghdad.
      remain in Iraq.                                           Leaders of the Navajo Nation praised                   Michelle’s 24-year-old sister, Rachel,
        I want to say a few words about some                  Todacheene as a ‘‘Navajo warrior’’ who                 served in the same unit, the 32nd Mili-
      of the other fallen American heroes                     ‘‘went to war not to hurt, but to help.’’              tary Police Company. Her twin sister,
      who lost their lives in Iraq this month.                His younger brother, Rydell, said, ‘‘He                Charity, was sent to Iraq last year as a
        Marine Private First Class Dustin                     was proud to be in the U.S. Army and                   medic. The sisters and the rest of the
      Sekula, of Edinburg, TX, was killed by                  a medic. He was proud to be a Navajo.                  Witmer family is agonizing now about
      enemy fire in Fallujah on April 1. Pri-                 He believed he was doing some good in                  whether they should rejoin their units
      vate First Class Dustin Sekula grad-                    Iraq when everyone thought it was                      in Iraq. Michelle Witmer was one of at
      uated from high school last year and                    wrong. He was a quiet man. He was a                    least two women, and four National
      gave up a full college scholarship to                   strong man, a gentleman. He respected                  Guard members, killed this month in
      join the Marines. The father of a high                  himself and everybody, He was gen-                     Iraq.
      school friend told his hometown news-                   erous and kind, and he loved his family                  Eight American soldiers died in Iraq
      paper, ‘‘He was worth his weight in                     above everything else.’’                               on Easter Sunday, April 11. Army Ser-
      gold. He would try to conquer anything                    Tuesday, April 6, was one of the dead-               geant Major Michael Stack and Marine
      they would throw at him.’’                              liest days of fighting in Iraq since the               Lance Corporal Torrey Gray were
        Twelve American soldiers died in                      fall of Saddam Hussein’s regime. Thir-                 among them. Sergeant Major Stack, a
      Iraq on April 4, Palm Sunday. Eight of                  teen Americans died in Iraq that day.                  Special Forces soldier, was 48, a father
      those soldiers died together in a battle                Among them were two 18-year-old Ma-                    of six and grandfather of three. Lance
      with militia loyal to Shiite cleric                     rines, both killed by hostile fire in                  Corporal Gray was 19; he was on his
      Muqtada al-Sadr in Sadr City, a Shiite                  Fallujah.                                              second tour in Iraq. They both died
      slum on the outskirts of Baghdad. The                     Marine Lance Corporal Anthony Rob-                   from hostile fire, in separate incidents,
      soldiers were part of a quick response                  erts, of Bear, DE, was a member of the                 in Fallujah. As word of Lance Corporal



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



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      S4078                                             CONGRESSIONAL RECORD — SENATE                                                       April 19, 2004
      good practice. It is not permitted and                  gerous delinquents at a place where                      Let me make one final comment in
      should not have been allowed. Amaz-                     they are currently able to get ready ac-               conclusion. When I was the Governor of
      ingly, these are only the latest in a                   cess to illicit drugs. What a horrible                 Ohio, I visited every juvenile facility
      long list of deficiencies with the Youth                situation.                                             and every adult facility in Ohio. I don’t
      Services Administration that stretches                    The Federal Government contributes                   pretend to be an expert in this area,
      back at least 19 years. Indeed, it was 19               about $15 million annually to the Dis-                 but I think I know something about it.
      years ago this month the Public De-                     trict’s Youth Services Administration,                 What has happened at Oak Hill over
      fender Service filed a complaint                        which administers Oak Hill. The YSA                    the last few years is that the District
      against the District for failure to pro-                would be eligible for even more Federal                knows the place eventually is going to
      tect youth under its custody. Year                      funding if it had a qualified drug treat-              be closed. So every problem they see,
      after year, the city has fallen short of                ment program in place. A large number                  they look at it and they say, Well,
      the court’s ‘‘Jerry M. Decree,’’ which is               of the children at Oak Hill have a sub-                there is no reason to put money into
      the name of the court decree, and is                    stance abuse problem. That should not                  fixing this problem or to fix that prob-
      now facing the prospect of being taken                  surprise us. It is what I would expect.                lem. So it keeps getting worse and
      over by a court receiver. Equally amaz-                 What I did not expect is to go to Oak                  worse. It is sort of like a house you
      ing, some estimates are it costs nearly                 Hill and find very little, if any, sub-                know you are going to bulldoze down in
      $90,000 a year to house a child at Oak                  stance abuse treatment in place.                       a few months, and you are not going to
      Hill. But even more astounding than                       In all fairness, when we went out                    fix anything. Yet the District, for some
      that is when I visited this facility a lit-             there we were told substance abuse                     inexplicable reason, does not have the
      tle over a week ago and asked the in-                   treatment was on the way, that a pro-                  will to shut this place down—to pull
      terim administrator and the interim                     gram was going to be started. But                      the plug and say enough is enough.
      special counsel from the Youth Serv-                    there was not much going on at all                       After touring this facility, I am say-
      ices Administration who gave me the                     when we were there and there was a                     ing enough is enough. It is not fair to
      tour how much it cost to house a child                  promise of something happening in the                  the kids who are being sent out there.
      there, they simply could not give me                    future. But that is what it was, a prom-               It is not fair to the employees who
      an answer. Their answer was they did                    ise.                                                   have to work out there. And it is not
                                                                Clearly, Congress has a vested inter-
      not break out how much it cost to run                                                                          fair to the taxpayers to continue to put
                                                              est in assuring the proper use of the
      Oak Hill from a total cost of the whole                                                                        money into this facility. This facility
                                                              money we provide. We have, more im-
      Youth Services Administration.                                                                                 has to be shut down. The District has
                                                              portantly, a moral interest in ensuring
        I find that to be astounding frankly.                                                                        to move forward. It is in the best inter-
                                                              the proper treatment of youths at Oak
      They did not know. They could not                                                                              ests of the children of the District of
                                                              Hill.
      give me a breakout so they couldn’t                                                                            Columbia to do so.
                                                                After touring the facility and after
      tell us what Oak Hill cost to run a year                                                                         I thank the Chair. I yield the floor.
                                                              hearing from expert witnesses and
      and therefore obviously they couldn’t                                                                            The ACTING PRESIDENT pro tem-
                                                              after reading the November 6, 2001, rec-
      tell us whether the $90,000-a-year fig-                                                                        pore. The Senator from Utah.
                                                              ommendation of the Blue Ribbon Com-
      ure, which is what we believe it costs                  mission on Youth Safety and Juvenile                     Mr. HATCH. Mr. President, I ask
      to house a child there for a year, is an                Justice Reform in the District, I be-                  unanimous consent that I be permitted
      accurate figure.                                        lieve Oak Hill should be closed. The                   to speak for as long as I need.
        I visited many youth detention facili-                                                                         The ACTING PRESIDENT pro tem-
                                                              children of the District of Columbia de-
      ties in Ohio in my public career. I was                                                                        pore. Without objection, it is so or-
                                                              serve better. The communities to
      Lieutenant Governor of the State of                                                                            dered.
                                                              which these youths will one day be re-
      Ohio and had the opportunity to visit,                                                                                         f
                                                              turned deserve better. It is our duty to
      I think, all of our juvenile facilities                 work hard to rehabilitate these young                      THE FAIRNESS IN ASBESTOS
      during the 4 years when I was Lieuten-                  offenders who have, frankly, often been
      ant Governor. I was a county pros-                                                                                   RESOLUTION ACT OF 2004
                                                              failed by their parents and, yes, over-
      ecuting attorney. I learned a lot about                                                                          Mr. HATCH. Mr. President, I rise in
                                                              looked by their communities.
      these types of centers. I know what                       Not only do I recommend that Oak                     support of S. 2290, the bipartisan Fair-
      they do well and what they do not do                    Hill be demolished, but I expect to see                ness in Asbestos Injury Resolution Act,
      well. I can tell you with certainty                     the Mayor develop a comprehensive                      appropriately called the FAIR Act. Let
      there are several things they are not                   plan afterward so the problems at Oak                  me talk about the problems for a
      doing very well at Oak Hill right now.                  Hill are not repeated elsewhere. Just                  minute. I think I am stating the obvi-
        The buildings are decrepit. They are                  this past Thursday, Judge Dixon of the                 ous, but it bears repeating.
      falling apart. Important services such                  Superior Court of the District of Co-                    Our country is faced with an asbestos
      as substance abuse treatment programs                   lumbia found that the District is in                   litigation crisis of unparalleled mag-
      are certainly piecemeal at best. Chil-                  contempt of court regarding Oak Hill                   nitude. Something is terribly wrong
      dren who are detained and awaiting                      having violated numerous provisions of                 when asbestos victims who suffer from
      trial are commingled with those who                     the ‘‘Jerry M. Decree.’’ Because of this               debilitating injuries recover mere pen-
      are committed offenders. In fact, I                     contempt finding, the city will be fined               nies on the dollar while people who are
      learned one girl who was committed                      $1,000 per day and may be subject to ad-               not sick and never have been sick a day
      merely because she is a truant has been                 ditional sanctions.                                    in their lives from asbestos recover
      housed with committed delinquents                         It is our hope these sanctions and                   millions. Something is terribly wrong
      since October. This, I understand, is in                this court order will push the city to-                when scores of companies, many which
      violation of the D.C. Code.                             wards addressing the intractable prob-                 never produced a shred of asbestos
        What is particularly troubling is                     lems at Oak Hill. As I have already                    fiber, are forced into bankruptcy trig-
      what happens sometimes is the teen-                     stated, trying to fix this broken facil-               gering lost jobs and depleting pensions
      agers who are in foster care or group                   ity is, in my opinion, a waste of time                 for those who lost their jobs. Some-
      homes run away because they are being                   and a waste of money and is futile. We                 thing is terribly wrong when the only
      victimized by other youths in the same                  have waited 19 years for improvements.                 real winners in the current system are
      home or they run away for other rea-                    Yet no one has stepped up to take the                  the handful of personal injury lawyers
      sons. Once these children run away or                   lead. If no one does, the problems at                  who walk to the bank with billions of
      are truant from school, for example,                    Oak Hill will continue.                                dollars in fees.
      they are labeled delinquents and they                     The blue ribbon commission rec-                        Members may have heard the statis-
      are often picked up and sent to Oak                     ommended that Oak Hill be shut down.                   tics before, but I will say them again so
      Hill. So neglected youths who are                       Judges have recommended that it be                     that everyone knows the scope of the
      failed by a broken foster care system                   shut down. And now it is time for the                  problem facing this country. According
      now find themselves locked up and la-                   District to step to the plate, take the                to the Rand Institute for Civil Justice,
      beled juvenile delinquents and then are                 lead, and shut this place down once and                more than 730,000 people have filed
      commingled in Oak Hill with dan-                        for all.                                               claims, with a sharp increase in filing



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




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



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



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



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



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



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



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



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



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



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




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




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




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



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



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




VerDate mar 24 2004   01:17 Apr 20, 2004   Jkt 029060   PO 00000   Frm 00020   Fmt 4637   Sfmt 0634   E:\CR\FM\G19AP6.025   S19PT1
      April 19, 2004                                    CONGRESSIONAL RECORD — SENATE                                                                    S4095
         EC–7053. A communication from the Prin-              received on April 12, 2004; to the Committee             EC–7074. A communication from the Para-
      cipal Deputy for Personnel and Readiness,               on Banking, Housing, and Urban Affairs.                legal Specialist, Federal Aviation Adminis-
      Office of the Under Secretary of Defense, De-             EC–7065. A communication from the Sec-               tration, Department of Transportation,
      partment of Defense, transmitting, pursuant             retary, Bureau of Consumer Protection, Fed-            transmitting, pursuant to law, the report of
      to law, a report of an authorization to wear            eral Trade Commission, transmitting, pursu-            a rule entitled ‘‘Modification of Class D Air-
      the insignia of brigadier general; to the Com-          ant to law, the report of a rule entitled              space; Rapid City, SD Doc. No. 03–AGL–17’’
      mittee on Armed Services.                               ‘‘Rule Concerning Disclosures Regarding En-            (RIN2120–AA66) received on April 9, 2004; to
         EC–7054. A communication from the Prin-              ergy Consumption and Water Use of Certain              the Committee on Commerce, Science, and
      cipal Deputy for Personnel and Readiness,               Home Appliances and Other Products Re-                 Transportation.
      Office of the Under Secretary of Defense, De-           quired Under the Energy Policy and Con-                  EC–7075. A communication from the Para-
      partment of Defense, transmitting, pursuant             servation Act (‘Appliance Labeling Rule’)’’            legal Specialist, Federal Aviation Adminis-
      to law, a report relative to Armed Services’            (RIN3084–AA74) received on April 13, 2004; to          tration, Department of Transportation,
      aviation programs; to the Committee on                  the Committee on Commerce, Science, and                transmitting, pursuant to law, the report of
      Armed Services.                                         Transportation.                                        a rule entitled ‘‘Amendment to Class D Air-
         EC–7055. A communication from the Liai-                EC–7066. A communication from the Con-               space; Little Rock Air Force Base, AR Doc.
      son Officer, Department of Defense, trans-              tracting Officer, Department of Transpor-              No. 03–ASW–2’’ (RIN2120–AA66) received on
      mitting, pursuant to law, the report of a rule          tation, transmitting, pursuant to law, a re-           April 9, 2004; to the Committee on Com-
      entitled ‘‘CHAMPUS/TRICARE; Implementa-                 port relative to Interagency Agreement No.             merce, Science, and Transportation.
      tion of the Pharmacy Benefits Program’’                 DTTS59–99–X–00539; to the Committee on                   EC–7076. A communication from the Para-
      (RIN0720–AA63) received on April 9, 2004; to            Commerce, Science, and Transportation.                 legal Specialist, Federal Aviation Adminis-
      the Committee on Armed Services.                          EC–7067. A communication from the Dep-               tration, Department of Transportation,
         EC–7056. A communication from the Under              uty Assistant Administrator for Regulatory             transmitting, pursuant to law, the report of
      Secretary of Defense for Acquisition, Tech-             Programs, Office of Sustainable Fisheries,             a rule entitled ‘‘Amendment to Class E Air-
      nology, and Logistics, Department of De-                Department of Commerce, transmitting, pur-             space; Angel Fire, NM Doc. No. 03–ASW–1’’
      fense, transmitting, pursuant to law, a re-             suant to law, the report of a rule entitled            (RIN2120–AA66) received on April 9, 2004; to
      port relative to the implementation of the              ‘‘Fisheries off West Coast States and in the           the Committee on Commerce, Science, and
      revised Office of Management and Budget                 Western Pacific; Pacific Coast Groundfish              Transportation.
      Circular; to the Committee on Armed Serv-               Fishery; Amendment 16–1’’ (RIN0648–AR36)                 EC–7077. A communication from the Para-
      ices.                                                   received on April 12, 2004; to the Committee           legal Specialist, Federal Aviation Adminis-
         EC–7057. A communication from the Prin-              on Commerce, Science, and Transportation.              tration, Department of Transportation,
      cipal Deputy for Personnel and Readiness,                 EC–7068. A communication from the Dep-
                                                                                                                     transmitting, pursuant to law, the report of
      Office of the Under Secretary of Defense, De-           uty Assistant Administrator for Regulatory
                                                                                                                     a rule entitled ‘‘Modification of Class E Air-
                                                              Programs, Office of Sustainable Fisheries,
      partment of Defense, transmitting, pursuant                                                                    space; Charleston, MO Doc. No. 04–ACE–12’’
                                                              Department of Commerce, transmitting, pur-
      to law, a report relative to the commissary                                                                    (RIN2120–AA66) received on April 9, 2004; to
                                                              suant to law, the report of a rule entitled
      and exchange store at Orlando, Florida; to                                                                     the Committee on Commerce, Science, and
                                                              ‘‘Magnuson Act Provisions; Foreign Fishing;
      the Committee on Armed Services.                                                                               Transportation.
         EC–7058. A communication from the Acting             Fisheries off West Coast States and in the
                                                                                                                       EC–7078. A communication from the Para-
      Chairman, Nuclear Regulatory Commission,                Western Pacific; Pacific Groundfish Fishery;
                                                                                                                     legal Specialist, Federal Aviation Adminis-
                                                              Annual Specifications and Management
      transmitting, pursuant to law, a report rel-                                                                   tration, Department of Transportation,
                                                              Measures’’ (RIN0648–AR54) received on April
      ative to the status of the Commission’s li-                                                                    transmitting, pursuant to law, the report of
                                                              12, 2004; to the Committee on Commerce,
      censing and regulatory duties; to the Com-                                                                     a rule entitled ‘‘Modification of Class E Air-
                                                              Science, and Transportation.
      mittee on Environment and Public Works.                   EC–7069. A communication from the Dep-               space; Fort Scott, KS Doc. No. 03–ACE–98’’
         EC–7059. A communication from the Assist-                                                                   (RIN2120–AA66) received on April 9, 2004; to
                                                              uty Assistant Administrator for Regulatory
      ant Secretary of Defense for Health Affairs,                                                                   the Committee on Commerce, Science, and
                                                              Programs, Office of Sustainable Fisheries,
      Department of Defense, transmitting, pursu-                                                                    Transportation.
                                                              Department of Commerce, transmitting, pur-
      ant to law, a report relative to the Depart-            suant to law, the report of a rule entitled              EC–7079. A communication from the Para-
      ment of Veterans’ Affairs; to the Committee             ‘‘Fisheries off West Coast States and in the           legal Specialist, Federal Aviation Adminis-
      on Armed Services.                                      Western Pacific; Coastal Pelagic Species               tration, Department of Transportation,
         EC–7060. A communication from the Direc-                                                                    transmitting, pursuant to law, the report of
                                                              Fisheries; Annual Specifications; Pacific
      tor, Financial Crimes Enforcement Network,                                                                     a rule entitled ‘‘Amendment to Class D Air-
                                                              Sardine Fishery’’ (RIN0648–AP43) received on
      Department of the Treasury, transmitting,               April 12, 2004; to the Committee on Com-               space; Altus Air Force Base, OK Doc. No. 03–
      pursuant to law, the report of a rule entitled          merce, Science, and Transportation.                    ASW–3’’ (RIN2120–AA66) received on April 9,
      ‘‘Imposition of Special Measures Against                  EC–7070. A communication from the Para-              2004; to the Committee on Commerce,
      Burma’’ received on April 9, 2004; to the               legal Specialist, Federal Aviation Adminis-            Science, and Transportation.
      Committee on Banking, Housing, and Urban                tration, Department of Transportation,                   EC–7080. A communication from the Para-
      Affairs.                                                transmitting, pursuant to law, the report of           legal Specialist, Federal Aviation Adminis-
         EC–7061. A communication from the Direc-             a rule entitled ‘‘Modification of Class E Air-         tration, Department of Transportation,
      tor, Financial Crimes Enforcement Network,              space; Clay Center, KS Doc. No. 03–ACE–96’’            transmitting, pursuant to law, the report of
      Department of the Treasury, transmitting,               (RIN2120–AA66) received on April 9, 2004; to           a rule entitled ‘‘Modification of Class E Air-
      pursuant to law, the report of a rule entitled          the Committee on Commerce, Science, and                space; Colby, KS Doc. No. 03–ACE–97’’
      ‘‘Imposition of Special Measures Against                Transportation.                                        (RIN2120–AA66) received on April 9, 2004; to
      Myanmar Mayflower Bank and Asia Wealth                    EC–7071. A communication from the Para-              the Committee on Commerce, Science, and
      Bank’’ (RIN1506–AA63) received on April 9,              legal Specialist, Federal Aviation Adminis-            Transportation.
      2004; to the Committee on Banking, Housing,             tration, Department of Transportation,                   EC–7081. A communication from the Para-
      and Urban Affairs.                                      transmitting, pursuant to law, the report of           legal Specialist, Federal Aviation Adminis-
         EC–7062. A communication from the Gen-               a rule entitled ‘‘Modification of Class E Air-         tration, Department of Transportation,
      eral Counsel, National Credit Union Admin-              space; Iowa Falls, IA Doc. No. 03–ACE–91’’             transmitting, pursuant to law, the report of
      istration, transmitting, pursuant to law, the           (RIN2120–AA66) received on April 9, 2004; to           a rule entitled ‘‘Modification of Class E Air-
      report of a rule entitled ‘‘Appraisals Re-              the Committee on Commerce, Science, and                space; Independence, IA Doc. No. 03–ACE–90’’
      quired; Transactions Requiring a State Cer-             Transportation.                                        (RIN2120–AA66) received on April 9, 2004; to
      tified Licensed Appraiser’’ received on April             EC–7072. A communication from the Para-              the Committee on Commerce, Science, and
      12, 2004; to the Committee on Banking, Hous-            legal Specialist, Federal Aviation Adminis-            Transportation.
      ing, and Urban Affairs.                                 tration, Department of Transportation,                   EC–7082. A communication from the Para-
         EC–7063. A communication from the Gen-               transmitting, pursuant to law, the report of           legal Specialist, Federal Aviation Adminis-
      eral Counsel, National Credit Union Admin-              a rule entitled ‘‘Modification of Class E Air-         tration, Department of Transportation,
      istration, transmitting, pursuant to law, the           space; Iowa City, IA Doc. No. 04–ACE09’’               transmitting, pursuant to law, the report of
      report of a rule entitled ‘‘Requests for Infor-         (RIN2120–AA66) received on April 9, 2004; to           a rule entitled ‘‘Modification of Class E Air-
      mation Under the Freedom of Information                 the Committee on Commerce, Science, and                space; Marysville, KS Doc. No. 03–ACE–99’’
      Act and Privacy Act, and by Subpoena; Secu-             Transportation.                                        (RIN2120–AA66) received on April 9, 2004; to
      rity Procedures for Classified Information’’              EC–7073. A communication from the Para-              the Committee on Commerce, Science, and
      received on April 12, 2004; to the Committee            legal Specialist, Federal Aviation Adminis-            Transportation.
      on Banking, Housing, and Urban Affairs.                 tration, Department of Transportation,                   EC–7083. A communication from the Para-
         EC–7064. A communication from the Gen-               transmitting, pursuant to law, the report of           legal Specialist, Federal Aviation Adminis-
      eral Counsel, National Credit Union Admin-              a rule entitled ‘‘Amendment to Class D Air-            tration, Department of Transportation,
      istration, transmitting, pursuant to law, the           space; Cannon Air Force Base, NM Doc. No.              transmitting, pursuant to law, the report of
      report of a rule entitled ‘‘Organization and            03–ASW–4’’ (RIN2120–AA66) received on April            a rule entitled ‘‘Modification of Class E Air-
      Operations of Federal Credit Unions; Bene-              9, 2004; to the Committee on Commerce,                 space; Benton, KS Doc. No. 03–ACE–94’’
      fits for Employees of Federal Credit Unions’’           Science, and Transportation.                           (RIN2120–AA66) received on April 9, 2004; to




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



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



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



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



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      S4100                                             CONGRESSIONAL RECORD — SENATE                                                             April 19, 2004
      O’Scannlain, Harold Kim, Rene Augus-                    To the Senate of the United States:                    measure, the majority leader is ex-
      tine, Bruce Artim, Ryan Triplette, and                    With a view to receiving the advice                  pected to move to proceed to the bill.
      Jay Greissing be granted the privilege                  and consent of the Senate to ratifica-                 Additional Senators have indicated
      of the floor for the duration of the de-                tion, I transmit herewith the Extra-                   their desire to speak on the bill during
      bate on S. 2290.                                        dition Treaty Between the United                       tomorrow’s session. Unfortunately, if
        The ACTING PRESIDENT pro tem-                         States of America and the United King-                 we are unable to begin consideration of
      pore. Without objection, it is so or-                   dom of Great Britain and Northern Ire-                 the asbestos bill, we will be unable to
      dered.                                                  land, and related exchanges of letters,                begin the amendment process. There-
        Mr. ALEXANDER. Madam President,                       signed at Washington on March 31, 2003.                fore, it appears unlikely that any roll-
      I ask unanimous consent that privilege                    In addition, I transmit for the infor-               call votes will occur tomorrow. Mem-
      of the floor be granted to Sharon                       mation of the Senate the report of the                 bers will be notified when the first vote
      Segner during consideration of S. 2319.                 Department of State with respect to                    is scheduled.
        The PRESIDING OFFICER. Without                        the Treaty. As the report explains, the
      objection, it is so ordered.                            Treaty will not require implementing                                      f
                       f                                      legislation.
                                                                The provisions in this Treaty follow
       NOTICE—REGISTRATION OF MASS                                                                                      ADJOURNMENT UNTIL 9:45 A.M.
                                                              generally the form and content of mod-
                MAILINGS                                                                                                       TOMORROW
                                                              ern extradition treaties recently con-
        The filing date for 2004 first quarter                cluded by the United States and will                     Mr. CHAMBLISS. If there is no fur-
      mass mailings is Monday, April 26,                      replace the outdated extradition treaty                ther business to come before the Sen-
      2004. If your office did no mass mailings               signed in 1972 and the supplementary                   ate, I ask unanimous consent that the
      during this period, please submit a                     treaty signed in 1985 that are currently               Senate stand in adjournment under the
      form that states ‘‘none.’’                              in force between the two countries. The                previous order.
        Mass mailing registrations, or nega-                  Treaty will, upon entry into force, en-                  There being no objection, the Senate,
      tive reports, should be submitted to                    hance cooperation between the law en-                  at 4:32 p.m., adjourned until Tuesday,
      the Senate Office of Public Records, 232                forcement communities of the two                       April 20, 2004, at 9:45 a.m.
      Hart Building, Washington, DC 20510–                    countries. It will thereby make a sig-
      7116.                                                   nificant contribution to international                                    f
        The Public Records office will be                     law enforcement efforts against serious
      open from 9 a.m. to 5:30 p.m. on the fil-               offenses, including terrorism, orga-                                    NOMINATIONS
      ing date to accept these filings. For                   nized crime, and money laundering of-
      further information, please contact the                 fenses.                                                  Executive nominations received by
      Public Records office at (202) 224–0322.                  I recommend that the Senate give                     the Senate April 19, 2004:
                       f                                      early and favorable consideration to                                   DEPARTMENT OF STATE
                                                              the Treaty and give its advice and con-                 THOMAS FINGAR, OF VIRGINIA, TO BE AN ASSISTANT
                      APPOINTMENT                             sent to ratification.                                  SECRETARY OF STATE (INTELLIGENCE AND RESEARCH),
                                                                                                                     VICE CARL W. FORD, JR.
        The PRESIDING OFFICER. The                                                  GEORGE W. BUSH.
                                                                                                                            AFRICAN DEVELOPMENT FOUNDATION
      Chair announces the following appoint-                                    f                                     CONSTANCE BERRY NEWMAN, ASSISTANT SECRETARY
      ment made by the Democratic leader                                                                             OF STATE (AFRICAN AFFAIRS), TO BE A MEMBER OF THE
      during the adjournment: Pursuant to                      ORDERS FOR TUESDAY, APRIL 20,                         BOARD OF DIRECTORS OF THE AFRICAN DEVELOPMENT

      Public Law 108–199, on behalf of the                                 2004                                      FOUNDATION FOR A TERM EXPIRING SEPTEMBER 27, 2009,
                                                                                                                     VICE WALTER H. KANSTEINER, RESIGNED.
      Democratic leader, the appointment of                     Mr. CHAMBLISS. Madam President,                                      DEPARTMENT OF STATE
      Douglas G. Ohmer of South Dakota to                     I ask unanimous consent that when the
                                                                                                                       ANNE W. PATTERSON, OF VIRGINIA, A CAREER MEMBER
      serve as a member of the Abraham Lin-                   Senate completes its business today, it                OF THE SENIOR FOREIGN SERVICE, CLASS OF CAREER
                                                              adjourn until 9:45 a.m., on Tuesday,                   MINISTER, TO BE DEPUTY REPRESENTATIVE OF THE
      coln study Abroad Fellowship Program                                                                           UNITED STATES OF AMERICA TO THE UNITED NATIONS,
      on April 14, 2004.                                      April 20. I further ask that following                 WITH THE RANK AND STATUS OF AMBASSADOR EX-
                                                                                                                     TRAORDINARY AND PLENIPOTENTIARY, AND THE DEP-
                       f                                      the prayer and pledge, the morning                     UTY REPRESENTATIVE OF THE UNITED STATES OF
                                                              hour be deemed expired, the Journal of                 AMERICA IN THE SECURITY COUNCIL OF THE UNITED NA-
      REMOVAL OF INJUNCTION OF SE-                            proceedings be approved to date, the                   TIONS.
                                                                                                                       ANNE W. PATTERSON, OF VIRGINIA, A CAREER MEMBER
       CRECY—TREATY DOCUMENT NO.                              time for the two leaders be reserved for               OF THE SENIOR FOREIGN SERVICE, CLASS OF CAREER
       108–23                                                 their use later in the day, and the Sen-               MINISTER, TO BE A REPRESENTATIVE OF THE UNITED
                                                                                                                     STATES OF AMERICA TO THE SESSIONS OF THE GEN-
        Mr. CHAMBLISS. Madam President,                       ate then begin a period of morning                     ERAL ASSEMBLY OF THE UNITED NATIONS DURING HER
                                                                                                                     TENURE OF SERVICE AS DEPUTY REPRESENTATIVE OF
      as in executive session, I ask unani-                   business for up to 60 minutes, with the                THE UNITED STATES OF AMERICA TO THE UNITED NA-
      mous consent that the injunction of se-                 Democratic leader or his designee in                   TIONS.
                                                                                                                       SUZANNE HALE, OF VIRGINIA, A CAREER MEMBER OF
      crecy be removed from the following                     control of the first 30 minutes and the                THE SENIOR FOREIGN SERVICE, CLASS OF CAREER MIN-
      treaty transmitted to the Senate on                     majority leader or his designee in con-                ISTER, TO BE AMBASSADOR EXTRAORDINARY AND PLEN-
                                                                                                                     IPOTENTIARY OF THE UNITED STATES OF AMERICA TO
      April 19, 2004, by the President of the                 trol of the final 30 minutes. I further                THE FEDERATED STATES OF MICRONESIA.
      United States: Extradition Treaty with                  ask consent that the Senate recess
                                                                                                                                       IN THE AIR FORCE
      Great Britain and Northern Ireland,                     from 12:30 p.m. to 2:15 p.m. for the
                                                                                                                      THE FOLLOWING NAMED OFFICER FOR APPOINTMENT
      Treaty Document No. 108–23. I further                   weekly party luncheons.                                TO THE GRADE INDICATED IN THE RESERVE OF THE AIR
      ask consent that the treaty be consid-                    The PRESIDING OFFICER. Without                       FORCE UNDER TITLE 10, U.S.C., SECTION 12203:

      ered as having been read the first time;                objection, it is so ordered.                                               To be colonel
      that it be referred, with accompanying                                    f                                      JOHN D. ADAMS, 6635
      papers, to the Committee on Foreign                                                                                                IN THE ARMY
      Relations and ordered to be printed;                                        PROGRAM
                                                                                                                       THE FOLLOWING NAMED OFFICER FOR APPOINTMENT
      and that the President’s message be                       Mr. CHAMBLISS. Tomorrow, fol-                        IN THE GRADE INDICATED IN THE RESERVE OF THE
                                                                                                                     ARMY UNDER TITLE 10, U.S.C., SECTION 12203:
      printed in the RECORD.                                  lowing morning business, the majority
        The PRESIDING OFFICER. Without                        leader will seek consent to begin con-                                     To be colonel
      objection, it is so ordered.                            sideration of calendar No. 472, S. 2290,                 JERRY M. BROWN, 5656
                                                                                                                      THE FOLLOWING NAMED OFFICER FOR APPOINTMENT
        The message of the President is as                    the asbestos litigation bill. If we are                TO THE GRADE INDICATED IN THE UNITED STATES ARMY
      follows:                                                unable to begin consideration of that                  UNDER TITLE 10, U.S.C., SECTION 624:




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      April 19, 2004                                     CONGRESSIONAL RECORD — SENATE                                                                          S4101
                          To be colonel                                                  To be major                                     WITHDRAWAL
       FRANK G. ATKINS, 4890                                        DAVID C. COX, 3294
        THE FOLLOWING NAMED OFFICER FOR APPOINTMENT                                                                        Executive message transmitted by
      TO THE GRADE INDICATED IN THE UNITED STATES ARMY                                   IN THE NAVY                     the President to the Senate on April 19,
      AND FOR REGULAR APPOINTMENT UNDER TITLE 10,
      U.S.C., SECTIONS 624 AND 531:                             THE FOLLOWING NAMED OFFICER FOR APPOINTMENT              2004, withdrawing from further Senate
                                                               TO THE GRADE INDICATED IN THE UNITED STATES NAVY          consideration the following nomina-
                           To be major                         UNDER TITLE 10, U.S.C., SECTION 624:
       JAMES R. VANDERGRIFT, 2650
                                                                                                                         tion:
                                                                              To be lieutenant commander                  WALTER H. KANSTEINER, ASSISTANT SECRETARY OF
                      IN THE MARINE CORPS
                                                                                                                         STATE (AFRICAN AFFAIRS), TO BE A MEMBER OF THE
                                                                    SCOTT F. MURRAY, 8784
       THE FOLLOWING NAMED OFFICER FOR APPOINTMENT                                                                       BOARD OF DIRECTORS OF THE AFRICAN DEVELOPMENT
      TO THE GRADE INDICATED IN THE UNITED STATES MA-                                                                    FOUNDATION FOR A TERM EXPIRING SEPTEMBER 27, 2003,
      RINE CORPS UNDER TITLE 10, U.S.C., SECTION 624:                                                                    WHICH WAS SENT TO THE SENATE ON JANUARY 9, 2003.




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