[Congressional Record Volume 149, Number 94 (Tuesday, June 24, 2003)]
[Senate]
[Pages S8476-S8478]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                    AUTHORITY FOR COMMITTEES TO MEET


            committee on banking, housing, and urban affairs

  Mr. SUNUNU. 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.''
  The PRESIDING OFFICER. Without objection, it is so ordered.


           committee on commerce, science, and transportation

  Mr. SUNUNU. 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.
  The PRESIDING OFFICER. Without objection, it is so ordered.


               committee on energy and Natural resources

  Mr. SUNUNU. 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.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                     committee on foreign relations

  Mr. SUNUNU. 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.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                   committee on governmental affairs

  Mr. SUNUNU. 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.''
  The PRESIDING OFFICER. Without objection, it is so ordered.


                       Committee on the Judiciary

  Mr. SUNUNU. 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.

[[Page S8477]]

  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

[[Page S8478]]

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.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                 Committee on Rules and Administration

  Mr. SUNUNU. 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.
  The PRESIDING OFFICER. Without objection, it is so ordered.


    Subcommittee on Children and Families Subcommittee on Personnel

  Mr. SUNUNU. 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.
  The PRESIDING OFFICER. Without objection, it is so ordered.


             Subcommittee on Fisheries, Wildlife, and Water

  Mr. SUNUNU. 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.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                       Subcommittee on Personnel

  Mr. SUNUNU. 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.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________