Floor Statements

Mr. President, I ask unanimous consent that the HELP Committee be discharged from further consideration of H.R. 1412, and that the Senate proceed to its immediate consideration.

Mr. President, I ask unanimous consent that the bill be read a third time and passed, that the motion to reconsider be laid upon the table, and that any statements regarding this matter be printed in the Record.

Mr. President, I ask unanimous consent that the Environment and Public Works Committee be discharged from further consideration of H.R. 1018, and that the Senate proceed to its immediate consideration.

Mr. President, I ask unanimous consent that the bill be read a third time and passed, that the motion to reconsider be laid upon the table, and that any statements regarding this matter be printed in the Record.

Mr. President, I ask unanimous consent that the Senate

proceed to the immediate consideration of H.R. 2195.

Mr. President, I ask unanimous consent that the bill be read a third time and passed, that the motion to reconsider be laid upon the table, and that any statements regarding this matter be printed in the Record.

Mr. President, I ask unanimous consent that the Government Affairs Committee be discharged from further consideration of H.R. 1761 and the Senate proceed to its immediate consideration.

Mr. President, I ask unanimous consent that the bill be read a third time and passed, the motion to reconsider be laid upon the table, and that any statements regarding the bill be printed in the Record.

Mr. President, I ask unanimous consent that the Senate proceed to the immediate consideration of Calendar No. 242, S. Res. 30, and Calendar No. 243, S. Res. 204, en bloc.

Mr. President, I ask unanimous consent that the resolutions be agreed to en bloc, the preambles be agreed to en bloc; further, that the motions to reconsider be laid upon the table en bloc, with no intervening action or debate.

Mr. President, I ask unanimous consent that the Senate proceed to the immediate consideration of S. Con. Res. 25.

Mr. President, I ask unanimous consent that the amendment to the resolution be agreed to, the concurrent resolution, as amended, be agreed to, the preamble be agreed to, and the motion to reconsider be laid upon the table with no intervening action or debate.

Mr. President, I ask unanimous consent that the Senate proceed to the immediate consideration of S. Res. 213, introduced earlier today by Senator Lincoln.

Mr. President, I ask unanimous consent that the resolution and preamble be agreed to en bloc, the motion to reconsider be laid upon the table with no intervening action or debate, and any statements relating to this measure be printed in the Record.

Mr. President, I ask unanimous consent that the Senate proceed to the immediate consideration of S. Res. 214, which was submitted earlier today.

Mr. President, I ask unanimous consent that the resolution be agreed to, the preamble be agreed to, the motion to reconsider be laid upon the table, and that any statements relating to the matter be printed in the Record.

Mr. President, I ask unanimous consent that the Senate proceed to the immediate consideration of S. Res. 215, which was submitted earlier today.

Mr. President, I ask unanimous consent that the resolution be agreed to, the preamble be agreed to, the motion to reconsider be laid upon the table, and that any statements relating to the matter be printed in the Record.

Mr. President, I ask unanimous consent that the Senate proceed to executive session to consider the following treaties on today's Executive Calendar: Nos. 7, 8, 9, 10, 11.

I further ask consent that the treaties be considered as having passed through their various parliamentary stages up to and including the presentation of the resolutions of ratification; that any committee conditions, declaration, or reservations be agreed to as applicable; that any statements in regard to these treaties be printed in the Record as if read; and that the Senate take one vote on the resolution of ratifications to be considered as separate votes; further, that when the resolutions of ratification are voted upon, the motion to reconsider be laid upon the table, the President be notified of the Senate's action, and that following the disposition of the treaties, the Senate return to legislative session.

Mr. President, I ask for a division vote on the resolutions of ratification.

Mr. President, I rise today to pay tribute to the Nashua Lions Club in recognition of their 80th anniversary.

Eighty-six years ago, insurance executive Melvin Jones and his fellow Chicago business associates gathered and formed Lions International.

Originally, their objectives were humanitarian service to their community. It wasn't until Helen Keller spoke at their 1925 convention and challenged them to become her ``Knights of the Blind'' that they began a service that today has become the largest service organization in the world.

In mid-1923, a similar group of Nashua business leaders began meeting at the old YMCA on Temple Street. A few months later they were chartered as the Nashua Lions Club, becoming the second oldest club in the State. Since that time, the men and women of the Nashua Lions have answered the challenge of Helen Keller and have lived by the Lions motto ``We Serve.''

In their 80 years of service, the Nashua Lions have raised over $1 million that has gone to pay for eye examinations, eye glasses, eye surgery, and hearing aid for needy children and adults. Last year, Nashua Lions tested more children between the ages of 3 months and 4 years than any club in the entire State using the revolutionary ``KIDSIGHT'' camera that enables doctors to read a laster photo of a young child's eye and determine whether or not they have any problems at an early age.

In the early 1950's, the Nashua Lions led by former Major Mario Vagge built the friendship club--a place for handicapped Nashua residents to go and socialize--which is still in use today. In 1995, the club was approached by a Nashua family with a severely handicapped child at home. ``Melanie's Room'' became a reality and for several years Melanie and her family shared in her being with them at home.

Besides the usual groups and charities supported by the Lions, many club members throughout the years have given not only their own money, but they have devoted countless hours to the city through service as mayors, alderman, fire commissioners, judges, educators, police, and firefighters.

Local groups have benefited from having Lions serve on their organizations board of directors. Lions are involved with programs such as Big Brothers/Big Sister in-school mentors, Juvenile Diabetes Education efforts, Special Olympics, and Lions Club Camp Pride.

In addition to their numerous community and charity efforts, the Nashua Lions have also provided leadership to the entire Lions International Organization. During their 80-year history, Nashua has had three district governors: Clifford Sloan, 1960-1961, Joseph Bielawski, 1983-1984, and Edward Lecius, 1998-1999.

The Nashua Lions are a true example of the volunteer spirit that President Bush has asked all Americans to undertake. Their leadership, caring, compassion, and hard work have helped make Nashua a great place to live.

The countless lives they have touched through their many programs may never be known, however, just think what might have been if there were no Nashua Lions Club the past 80 years.

I offer my thanks and congratulations to the men and women of the Nashua Lions Club for their 80 years of dedicated service to the residents of the Gate City.

Mr. President, I believe one of the most challenging tasks put before the Department of Homeland Security, and before the appropriators were allocating funds for the Department of Homeland Security, is to understand evolving technologies and to take steps to use those technologies to keep the public safe. I think that is a difficult task because, whether we are looking at homeland security, or information technology, or any other area, we are never sure exactly where technological developments are going to take us. It is always difficult to understand the best and most cost-effective ways to use technologies--in this case, to keep the public safe.

I commend the members of the subcommittee and Chairman Cochran for the work they have done throughout the process on their bill but in this area in particular--to take the steps necessary to bring technologies into place in a way that will keep the public safer. The process that they used, as well, I think is commendable. They worked with the Department of Homeland Security, with the Under Secretary for Science and Technology, to develop a program plan for looking at the current state of technology to deal with the potential threat of surface-to-air missiles, and then to allocate funds to further study and evaluate, develop systems and adapt the technology for the potential use on commercial aircraft. They have appropriated a significant amount of funding, up to $60 million. Again, for that I commend the committee.

They have really taken the steps necessary that will allow us to best understand how this technology might be deployed. It is very difficult to predict what the nature of all the threats to our commercial aircraft industry might be. There is no question, perimeter security at our Nation's airports has improved dramatically since September 11, and that has helped reduce any potential threat from shoulder-fired missiles. But we want our Department of Homeland Security to be responsive, to take the steps necessary to adapt and to use this technology, if possible, to protect commercial aircraft. I think that is exactly what they have done.

I appreciate the work by the Senator from California to highlight this issue in the amendment she has offered, which will be accepted by the subcommittee to make sure Congress is well informed as to the progress of this development effort and this research effort.

I look forward to continuing to work with the committee on this issue. I thank them for their funding, and I am happy to support the amendment of the Senator from California.

I yield the floor.

Mr. President, I ask unanimous consent the following Members be recognized to speak: Senator Graham for 5 minutes, Senator Byrd for 10 minutes, Senator Stabenow for 5 minutes, Senator Domenici for 10 minutes, Senator Dorgan for 5 minutes, and Senator Ensign for 5 minutes.

Mr. President, I am happy to accommodate that request. In addition, I ask that Senator Domenici be recognized for 15 minutes.

Mr. President, I ask unanimous consent that all pending amendments be set aside for purposes of offering an amendment.

Mr. President, I have an amendment at the desk. I ask for its immediate consideration.

I ask unanimous consent the reading of the amendment be dispensed with.

Mr. President, I rise to offer an amendment that effectively mirrors a piece of legislation I introduced earlier this year. This amendment will extend benefits under Medicare for vision rehabilitative services; that is, rehabilitative services for those seniors with a vision impairment.

As we debate this important prescription drug legislation, I think one of the cornerstones, one of the principles that is at stake is the objective of giving seniors more options and more choices for their health care and, in doing so, to create an option for a more holistic approach to their health care that perhaps focuses, to a greater extent, on preventive measures and other services that improve independence and improve a senior's quality of life.

This legislation is very much in keeping with that objective and that goal. This will extend coverage for vision rehabilitative services under Medicare, but it does this under the existing physician fee schedule. It does it without creating a new provider network or a new fee schedule. As a result, the cost of this legislation is estimated, over a 5-year period, to be just $8 million. That was an independent estimate that has been done. Of course, I will seek scoring under the Congressional Budget Office for the purpose of this bill.

It is legislation and a set of services that is geared toward improving the level of independence and quality of life for those seniors who are affected by a vision impairment. For the sake of reference, there are over 3.5 million Americans who are affected by vision impairment in the United States. That means vision loss that cannot be treated with eye glasses, that cannot be treated with surgery or other techniques. These seniors need help in learning how to navigate in their own homes, how to deal with the obstacles of daily life, and how to learn to live and work with that vision impairment.

The cost of vision impairment to America and to our seniors can be huge. The CDC estimates over $20 billion in costs annually due to falls and due to injuries that have occurred as a result of vision loss. Hip fractures alone, due to vision loss, are estimated to cost our country over $2 billion per year.

For those reasons, I envision under this legislation cost savings in the long term to be quite significant for the modest cost of improving coverage for these vision rehabilitative services.

This is a piece of legislation I introduced earlier this year for which I was pleased to receive bipartisan support. We have 14 cosponsors--seven Republicans, seven Democrats--and among them a number of the members of the Finance Committee.

I certainly believe this takes the right approach toward strengthening Medicare in a way that gives more focus to the kind of preventive care and the kind of medical maintenance that improves the independence and quality of life for our seniors.

I urge my colleagues to support the amendment.

I yield the floor.

Mr. President, I ask unanimous consent that the Committee on Banking, Housing, and Urban Affairs be authorized to meet during the session of the Senate on June 24, 2003, at 10 a.m. to conduct a hearing on ``Bus Rapid Transit and Other Bus Service Innovations.''

Mr. President, I ask unanimous consent that the Committee on Commerce, Science, and Transportation be authorized to meet on Tuesday, June 24, 2003, at 9:30 a.m. on Reform of the USOC.

Mr. President, I ask unanimous consent that the Committee on Energy and Natural Resources be authorized to meet during the session of the Senate on Tuesday, June 24 at 10 a.m. in room SD-366. The purpose of this oversight hearing is to receive testimony on issues associated with changes in the relationship between the U.S. Department of Energy and the contractors operating its National Laboratories, other laboratories and sites.

Mr. President, I ask unanimous consent that the Committee on Foreign Relations be authorized to meet during the session of the Senate on Tuesday, June 24, 2003 at 2:30 p.m. to hold a hearing on U.S. Relations With A Changing Europe: Differing Views on Technology Issues.

Mr. President, I ask unanimous consent that the Committee on Governmental Affairs be authorized to meet on Tuesday, June 24, 2003, at 10 a.m. for a hearing entitled ``Controlling the Costs of Federal Health Programs by Curing Diabetes: A Case Study.''

Mr. President, I ask unanimous consent that the Committee on the Judiciary be authorized to meet to conduct a markup on Tuesday, June 24, 2003, at 9:30 a.m. in SDG 50.

Agenda

1. Indexing All Awards for Future Inflation: This amendment indexes claim award values to inflation.

2. Removing Collateral Source Offsets: This amendment ensures that more money will go to claimants by striking all existing collateral source offsets in the bill except for compensation from past settlements and judgments for the same asbestos-related injury.

3. Doubling the Statute of Limitations: This amendment doubles the statute of limitations from 2 to 4 years to allow more claimants access to the fund and to help alleviate the potential backlog of claims at the beginning of the Fund's creation.

4. Coverage for Claimant Exposures on U.S. Flag Ships or While Working for U.S. Companies Abroad: This amendment broadens eligibility to include claims made by U.S. citizens exposed to asbestos while serving on any U.S. flagged or owned ship or exposed to asbestos while working for U.S. companies overseas.

5. Strengthening Enforcement of Contributions: This amendment strengthens the Administrator's cause of action to enforce contributions by permitting the assessment of punitive damages for willful failure to pay.

6. Recoupment Authority for the Administrator: This amendment protects the funds available to pay claimants by permitting the Administrator to recover any financial hardship or inequity adjustment in future years if a company later becomes financially capable of paying its full allocation into the fund.

7. Criminal Penalties for Fraud or False Information: This amendment protects the integrity of the claims administration process by imposing criminal penalties for fraud and false statements made against the Fund.

8. Bankruptcy Certification: Requires the bankruptcy court to certify whether or not asbestos liabilities were the cause of the bankruptcy.

9. Congressional Oversight--Administrator Annual Reports: This amendment provides appropriate Congressional oversight by requiring the Administrator of the Asbestos Fund to submit an annual report on the functioning of the Fund to Congress.

Technical Amendments

10. Hatch Technical Amendment: Technical amendments to S. 1125.

Other Agreed Upon Amendments

11. Hatch Libby Amendment: Senator Baucus has agreed to this Amendment, which ensures that claimants from Libby, Montana will be compensated from this Fund and that their claims will be evaluated by the exceptions panel due to the unique nature of the asbestos there.

12. Hatch Asbestos Ban: This amendment prohibits the manufacture, distribution and importation of the consumer products to which asbestos is deliberately or knowingly added. The amendment also contains specific exemptions and authorizes the Administrator to hear and grant exemptions on a case by case basis.

13. Feinstein Second Degree to Hatch Asbestos Ban: This amendment adds certification requirements for the Government Use exemption, and authorizes the Administrator of the EPA to review the exemption for roofing cements and related products.

Medical Criteria Amendments

14. Hatch Medical Exceptions Panel Amendment: This panel will review claims which do not fit the criteria but may have an exceptional case to merit payment. Libby claims will automatically go through this panel.

15. Hatch Striking Product ID Amendment: (Leahy co-sponsor)--Drops requirements to identify particular asbestos product.

16. Hatch Latency Period Amendment: (Leahy co-sponsor)--Clarifies the 10-year latency period for all claims.

17. Hatch Medical Monitoring Amendment: Requires the administrator to notify qualifying claimants about medical monitoring options.

18. Hatch Doctor Evaluation Amendment: Requires physician to evaluate smoking and exposure history before making a diagnosis.

19. Hatch Deceased Claimant Amendment: Eliminates in-person examination requirement for persons who have died prior to filing their claim.

20. Hatch Disease Categories and Standards Amendment: (Sec. 124)-- Replaces the previous criteria with a new level for severe asbestosis (V); a mixed-causation level (II); three levels of lung cancer payments; substantial occupational exposure measured in ``weighted'' years.

21. Hatch Independent Review Amendment: This allows the Asbestos Court to conduct its own reviews of medical evidence to ensure quality control.

22. Hatch Smoking Assessment Amendment: Allows the Asbestos Court to make a limited investigation into a claimant's smoking history to determine veracity.

23. Hatch Treating Doctor Amendment: Requires that a doctor making a diagnosis be the ``claimant's doctor,'' as opposed to ``treating'' doctor.

24. Hatch IOM Study Amendment: Directs the Institute of Medicine to study the link between asbestos and ``other cancers.''

25. Hatch Weighted Exposure Amendment: For substantial occupational exposure requirement, the weighted exposure gives more credit for exposure in earlier years, or in certain occupations, than exposure in more recent, post-regulation years.

26. Hatch Take Home Exposure Amendment: Amendment clarifies that claimants exposed to asbestos by cohabitants who brought home asbestos on their clothes from their jobs will meet the exposure requirement in the bill.

27. Kyl Significant Amount Amendment: This amendment amends section 124(a)(8)(B) and (C) of S. 1125 to require ``significant amounts'' of exposure to qualify for having ``significant occupational exposure.''

28. Kyl Significant Amount Amendment: This amendment amends section 124(a)(16)(B) and (C) of amended medical criteria to require ``significant amounts'' of exposure to qualify for having ``significant occupational exposure.''

29. Kyl Lock Box Amendment: Inserts a new section 223(e) into the introduced bill that requires a ``lock box'' mesothelioma account used solely to make payments for claimants at Levels IV, VII, and VIII.

30. Kyl Lock Box Amendment: Inserts a new section 223(e) into S. 1125 as amended with new Hatch criteria that requires a ``lock box'' mesothelioma account used solely to make payments for claimants at Level IX, Lung Cancer II, Severe Asbestos II and Severe Asbestos I.

31. Leahy Colorectal Cancer Amendment: Adds colorectal cancers as compensable cancers in the fund.

32. Leahy Take Home Exposure Amendment: A claimant meets the medical requirements if they can show exposure to asbestos was result of living with a person who was occupationally defined.

33. Kennedy Medical Advisory Committee/Exceptional Medical Claim Amendment: Adds to section 114 to grant the chief judge the authority to appoint a Medical Advisory Committee of doctors with certain qualifications. Also creates, in section 124, a process for a claimant to submit an application for an ``exceptional medical claim'' that does not fall within the medical criteria parameters within the bill.

34. Kennedy Awards Amendment: Amends the awards allowed by increasing the amounts for: (1) Lung Cancer I to ``individual determination''; (2) Lung Cancer II to $500,000 or $1,500,000; (3) Mesothelioma to $1,500,000; (4) Increases amounts non-smokers receive by lots of money.

35. Kohl Mesothelioma Amendment: Increases the mesothelioma compensation award from $750,000 to $1,500,000.

36. Feingold Medical Monitoring Amendment: Establishes a medical monitoring system within 180 days of the Act's implementation. Creates criteria required to obtain medical monitoring and the protocols used for medical screening. Screening shall occur within 5 years. The administrator will promulgate procedures and regulations establishing medical monitoring program.

Other Amendments

37. Hatch Back-End Amendment: Provides defendant contributors the option to continue paying into the fund after year 27 or be subject to a civil claim filed in federal court.

38. Hatch Silica/Mixed Dust Amendment: This amendment clarifies that asbestos related mixed dust claims are covered by the bill.

39. Grassley Asbestos Court Amendment: Eliminates the Court of Asbestos claims, instead housing the tribunal in the Federal Court of Claims. The Chief Judge may appoint up to 20 special asbestos masters without Congressional approval. A special master will make the determination, appealed to the Court of Claims and the Federal Circuit.

40. Grassley Federal Liability Amendment: Amendment provides that nothing in the act establishes liability against the Federal Government nor should it be construed to obligate funding from the United States government.

41. Leahy Environmental Crimes Amendment: Amendment enhances the penalties for environmental crimes by expanding the available crimes covered involving asbestos and applies the provision retroactively and requires the person who discovers the crime report to the proper State law enforcement authorities within 30 days.

42. Sessions Cap on Attorneys' Fee Amendment: Amendment imposes a 10 percent cap on attorneys fees.

43. Sessions Pro Bono Amendment: Amendment requires the Asbestos Court to provide information to claimants of pro bono representation. Attorneys must provide notice of pro bono representation.

44. Sessions Substitute Amendment: Amendment substitutes S. 1125 with language from Senator Nickles alternative tort reform proposal.

45. Leahy FOIA Amendment for the Commission: Amendment extends the Freedom of Information Act to apply to the Asbestos Insurance Commission.

46. Leahy FOIA Amendment for the Office of Asbestos Injury Claims Resolution: Amendment extends the Freedom of Information Act to apply to the Office of Asbestos Injury Claims Resolution.

47. Leahy Successor in Interest Amendment: Requires that a business that changes its formal structure, yet ``substantially continues'' to maintain the same function, will remain obligated to fund the Trust.

48. Kennedy Purpose of S. 1125 Amendment: Amendment specifies that the purpose of S. 1125 should be expeditious compensation to individuals exposed to asbestos, provide compensation based on a system ``flexible enough to accommodate individuals whose conditions worsen'', to establish a trust fund to create certainty and predictability, and relieve federal and state courts of asbestos litigation burdens.

49. Kohl Contingent Call and Fund Certification Amendment: Amendment permits the Administrator to assess additional contributions during the first 27 years of the fund and/or decline any scheduled allocation reductions unless the Administrator certifies. Amendment also requires the Administrator, prior to reducing defendant allocations, to certify that the fund will have sufficient money to compensate past, present and future claimants, for various segments during the life of the fund, including a procedure for making the determination.

50. Feinstein Occupational Related Disease Study Amendment: Amendment requires any excess funds from the Trust to be directed to NIH for the study of occupational-related diseases.

51. Feinstein Date of Occupational Exposure Amendment: This amendment strikes the December 31, 1982 cutoff dates for occupational exposures.

52. Feinstein Back End Proposal: Requires mandatory payments to continue after year 27 at year 26 levels if the Administrator deems it necessary to ensure adequate funding of the Fund. The Administrator will provide a report to Congress if additional future funds are necessary.

53. Feinstein Asbestos Ban Amendment: Adds Title V to ban the use of asbestos in commercial products. Provides for exceptions with a list of products and provides for civil penalties. Amends title 18 U.S.C. to add chapter 34 enumerating an asbestos related crime. Provides money for research into asbestos-causing diseases, a mesothelioma registry and establishes Mesothelioma research and treatment

centers. The amendment is superfluous after Senators Hatch, Feinstein, Kohl and Murray agreed to the Hatch Asbestos ban Amendment.

54. Feingold Sunset Amendment: Provides a check on liability that (c) and (d) has no effect on January 1, 2010 unless the Administrator certifies prior to that date that 95 percent of all compensable claims file on or before May 1, 2006 have been paid in full.

55. Feingold Payments Amendment: Amendment changes the word ``less'' to ``more'' on page 40 line 4 so that all payments will be made within 3 years.

56. Durbin Lawsuit Filing Date Amendment: Amendment does not require any lawsuit filed before June 1, 2003 to be dismissed prior to adjudication.

57. Durbin Prior Asbestos Expenditure Amendment: Amends the term ``prior asbestos expenditure'' to exclude defense costs mounted in a successful defense against an asbestos claim.

58. Durbin FELA Amendment: Amendment removes the FAIR Act's preemption of FELA claims for asbestos injuries.

59. Durbin Hardship Amendment: Doubles the current caps for the financial hardship and inequity adjustments while revising the definition of ``inequity adjustments'' to include costs incurred in cases where the defendant mounted a successful defense.

60. Hatch Congressional Findings.

61. Leahy Congressional Findings.

Mr. President, I ask unanimous consent that the Committee on Rules and Administration be authorized to meet during the session of the Senate on Tuesday, June 24, 2003, at 9:30 a.m., to consider the markup of pending legislative and administrative business, including any other items that may be ready for consideration.

Mr. President, I ask unanimous consent that the Committee on Health, Education, Labor, and Pensions, Subcommittee on Children and Families, and Committee on Armed Services, Subcommittee on Personnel be authorized to meet for a hearing on Supporting Our Military Families during the session of the Senate on Tuesday, June 24, 2003, at 2:30 p.m.

Mr. President, I ask unanimous consent that the Subcommittee on Fisheries, Wildlife, and Water be authorized to meet on Tuesday, June 24 at 9:30 a.m. to examine implementation of the National Marine Fisheries Service's 2000 Biological Opinion for listed anadromous fish regarding operation of the Federal Columbia River Power System.

The hearing will take place in SD 406, Hearing Room.

Mr. President, I ask unanimous consent that the Subcommittee on Personnel of the Committee on Armed Services be authorized to meet during the session of the Senate on Tuesday, June 24, 2003, at 2:30 p.m., in open session to continue to receive testimony on issues affecting families of soldiers, sailors, airmen and marines.