Bill Frist

Mr. FRIST

Mr. FRIST. Mr. President, I ask unanimous consent that the Feinstein amendment at the desk be agreed to, the committee amendment, as amended, be agreed to, the resolution, as amended, be read three times and passed, the preamble, as amended, be agreed to, the motions to reconsider be laid upon the table en bloc, and any statements relating to the joint resolution be printed in the Record.

Mr. FRIST. Mr. President, I ask unanimous consent that the Senate proceed to the immediate consideration of Calendar No. 494, S.J. Res. 33.

Mr. FRIST

Mr. FRIST. Mr. President, I rise in support of the Inducing Infringement of Copyrights Act of 2004 introduced today by Senators Hatch and Leahy. I am proud to be an original cosponsor. The Inducement Act addresses the growing problem of online piracy--the illegal downloading of copyrighted music. Piracy is devastating the music community and threatening other forms of copyrighted work. This commonsense, bipartisan legislation takes important steps in protecting our Nation's intellectual property. When I return home to Nashville and drive down Music Row, my heart sinks as I see the ``For Sale'' and ``For Rent'' signs everywhere. The once vibrant music community is being decimated by online piracy. No one is spared. It is hitting artists, writers, record companies, performing rights organizations, and publishers. Every month 2.6 billion music files are illegally downloaded using peer-to-peer networks, and it is not unusual for albums to show up on the Internet before they make it to the record store. The effect of this theft of intellectual property is disastrous to the creative industry. In the end, rampant piracy dries up income and drives away professional musicians. We get fewer artists and less music. Online piracy affects more than just the music industry. It affects a broad swath of the creative field, including the movie and software industries. Music, movies, books, and software contribute well over half a trillion dollars to the U.S. economy each year and support 4.7 million workers. When our copyright laws are blatantly ignored or threatened, an enormous sector of our economy and creative culture is threatened. The intent of the anti-piracy bill being introduced today is simple. It holds liable those who intentionally induce others to commit illegal acts of copyright infringement. In other words, it targets the bad actors who are encouraging others to steal. In addition, the general cause of action in this bill is not new or revolutionary. It is based on the theory of secondary liability that is found squarely in our Nation's laws. This bill should not and does not threaten in any manner the further advancement of technology. It is not a technology mandate. Only individuals or organizations which profit from intentionally encouraging others to violate our copyright laws should fear this legislation. It has been carefully crafted and will be thoroughly reviewed to ensure that its language accurately reflects its sound intent. The future of the music community is with advancing technology, and I encourage those in the music field to continue to offer innovative choices to consumers. It is important to recognize, however, that no one in the music industry or any other intellectual property field can survive when his or her work is being stolen. Those who are intentionally and actively encouraging this theft should be held accountable. I would like to thank Senator Hatch for his hard work on this bill and his dedication to this issue. I would also like to thank Senator Leahy for his work. This is truly a bipartisan issue, and I look forward to working with Members on both sides of the aisle to ensure that our intellectual property laws are respected and enforced.

Mr. FRIST

Mr. FRIST. Mr. President, I second the commendation of the Presiding Officer. At times, I wish I had been in his chair instead of my chair, as we went through these negotiations.

Mr. FRIST. Mr. President, I ask unanimous consent that when the Senate completes its business today, it recess until 9:30 a.m. on Wednesday, June 23; I further ask that following the prayer and the pledge, the Journal of proceedings be approved to date, the time for the two leaders be reserved for their use later in the day, and the Senate then resume consideration of Calendar No. 503, S. 2400, the Department of Defense authorization bill, as provided under the previous order.

Mr. FRIST

Mr. FRIST. Mr. President, if there is no further business to come before the Senate, I ask unanimous consent the Senate stand in recess under the previous order.

Mr. FRIST

Mr. FRIST. Tomorrow the Senate will resume consideration of the Defense authorization bill under the previous order. When the Senate resumes consideration of the Defense bill, there will be a total of 100 minutes of debate in relation to five separate amendments. At approximately 11:15 tomorrow, the Senate will proceed to up to five stacked rollcall votes on amendments to the Defense bill. Following those votes, the Senate will continue working through amendments. The chairman and ranking member were able to dispose of a number of amendments tonight, but over 30 remain pending. Votes are expected throughout the afternoon tomorrow as the Senate moves toward passage of the bill. In addition to votes in relation to the amendments, the Senate will also vote on several judicial nominations during tomorrow's session. As I just stated, if we are unable to finish the bill tomorrow, a cloture vote will occur on Thursday to bring this bill to a close. Finally, I would add that the Appropriations Committee finished their work on the Defense Appropriations bill. It is important that we address this bill as well prior to the week's close.

Mr. FRIST

Mr. FRIST. Mr. President, this morning we will again return to the Defense authorization bill. Last night's agreement provides for an additional hour of debate in relation to Senator Levin's missile defense amendment. The order also provides for the vote on the Brownback indecency amendment immediately following the Levin vote. Senators can, therefore, expect two consecutive votes at approximately 11 a.m. this morning. We have also reached an agreement to have all first-degree amendments offered by 6:30 this evening. Given this agreement, I anticipate we will have votes throughout the day into the evening. If we are unable to complete the bill this evening, we would then return tomorrow for a series of votes on any remaining amendments and conclusion with final passage. Under this scenario, we should finish the bill either late tonight or tomorrow morning. There is much more work to do before the Fourth of July recess. Although an earlier agreement allows us to go to class action, we will postpone consideration of that measure in order to begin the Defense appropriations bill in order to provide the vital support, vital monetary support, for our troops who are fighting at this moment in the war on terror overseas. Once again, I remind my colleagues we will continue to schedule votes on the remaining judicial nominations this week, and I anticipate consideration of several of those today. I also remind Senators to be in their seats at 2:15 today for the official photograph. This will take just a very few minutes if we have people on time. I ask Senators to be here promptly.

Mr. FRIST

Mr. FRIST. Mr. President, I take a few minutes to speak on a totally unrelated issue on leader time and then we will move to the bill unless there is another comment to be made. It is a very important message. It is an issue most people do not understand and it has to do with an issue of health care and emergency health. It is regarding a fundamental question which most people cannot answer, cancer in women. I ask people to be thinking what the appropriate answer is, What is the deadliest cancer in women today? What is the leading cause of cancer death among 55 percent of our population today? Most people think breast cancer, cervical cancer, ovarian cancer, or one of the gynecological cancers. It is not. The deadliest cancer is lung cancer. It is preventable and it does not have to be that way. Therefore, the solution comes with education. I will take 3 or 4 minutes to comment. The Journal of the American Medical Association this spring published the astonishing finding that lung cancer is the No. 1 cause of cancer deaths in American women. In fact, breast cancer, all the gynecological cancers, add those up and they still do not equal the number of women who die from lung cancer. The female death rate from lung cancer has risen 600 percent over the last six decades. The last lung cancer operation I performed was about 10 years ago. Since then, the death rate has increased. It is a problem that is getting worse. The death rate continues to grow, even though the rate of smoking among women has begun to taper off since the 1960s. The whole point is that lung cancer can continue to strike even after someone stops smoking. Lung cancer is the deadliest of all cancers. It tends to spread to the brain. It tends to spread to the bones. It is usually diagnosed very late. The 5-year survival, which is the end point that we in medicine use, is very low. If you take all women who were diagnosed with lung cancer from 1992 to 1999, only 12 percent--1 in 10--survived 5 years. In the Journal of the American Medical Association article, the survival rates, according to the researcher, to use his words, are ``dismal.'' It is interesting that the disease affects women differently than men. Probably estrogen plays a role in that. We see female smokers suffer a higher result of genetic damage from the smoke and the ingredients in smoke. Females are less able to repair genetic damage from the smoke. It is an epidemic. It is an epidemic in this country with these high death rates, but there are also great smoking increases across the world, so it becomes a pandemic when we look at Asia, or a continent I go to on a regular basis, Africa, where smoking is gaining in popularity. Thus, lung cancer and death will be increasing in decades to come. The good thing is we can prevent it. Up to 80 percent of lung cancer is caused by one thing: smoking. It is as simple at that. A lot of people try to dance around it but it is as simple as that. It does not matter statistically whether you are smoking light cigarettes or regular, even heavy smokers versus social smokers. There is no such thing as a safe cigarette today. You can quit and that is tough to do. I have counseled hundreds and hundreds of patients, being a heart surgeon, a lung surgeon, and lung cancer surgeon before. I have counseled hundreds of patients, probably thousands of patients. It is tough to quit smoking. Nevertheless, if you put your mind to it, you can quit, and if you quit you can reduce that risk. The best thing we can do is have people never start. That means we have an obligation to take the very latest scientific data, what we know today, and educate the American people. I argue, also, we need to educate people in high school today because the easiest thing to do is stop people from smoking up front. I urge my colleagues, educators, parents, and the media to convey that message loud and clear. We know where smoking leads. It leads to addiction, to cancer, contributes to heart disease, to stroke, blood vessel disease, and cardiovascular disease. We need to educate young women to the consequences of smoking before they have done irreparable damage to their lungs. Although I know my colleagues will not read the Journal of the American Medical Association, the article itself is factual, very well researched. I believe at least I have an obligation to share this with my colleagues so they can share the current state of the art with their constituents and reverse a growing challenge to women's health. I yield the floor.

Mr. FRIST

Mr. FRIST. Mr. President, as the chairman said just a few moments ago on the floor, there has been a lot of hard work on the Defense bill over the course of the last month and over the course of the day. We continued to clear amendments on both sides. And although we have been in a quorum call, off and on, over the course of the night, as the chairman implied, there have been a lot of negotiations, and a lot of progress has been made in addressing the large number of amendments that we, at 6:30, realized we had. We continue to clear amendments on both sides, and we have entered into an agreement for votes on approximately five amendments tomorrow morning. Unfortunately--and I made it clear to both managers and representatives of our leadership and leadership on the other side of the aisle--it is still unclear as to exactly how we are going to bring this bill to closure, how we will finish this bill. We have had this large number of consultations throughout the evening with colleagues on both sides of the aisle, and I do think it is time we bring the bill to conclusion. I believe it is really past that time. But, again, everybody is working in good faith. I do respect Members' rights to offer amendments. However, as majority leader, I am charged with ensuring that we finish our work and that we are able to address the other very important work ahead of us. I specifically mentioned, in this case, the appropriations bill which provides the funding to support our troops overseas. Having said that, I will file a cloture motion so all of our options are preserved. I understand everybody is proceeding in good faith for completion tomorrow. We will continue to find a way to finish the bill tomorrow, but we will have this cloture vote on Thursday if it becomes necessary. Cloture Motion Mr. President, I send a cloture motion to the desk.

Mr. FRIST. Mr. President, I ask unanimous consent that the mandatory quorum be waived.

Mr. FRIST

Mr. FRIST. Mr. President, I ask unanimous consent that the Senate now proceed to a period of morning business, with Senators permitted to speak for up to 10 minutes each.

Mr. FRIST

Mr. FRIST. Mr. President, I rise in support of the Inducing Infringement of Copyrights Act of 2004 introduced today by Senators Hatch and Leahy. I am proud to be an original cosponsor. The Inducement Act addresses the growing problem of online piracy--the illegal downloading of copyrighted music. Piracy is devastating the music community and threatening other forms of copyrighted work. This commonsense, bipartisan legislation takes important steps in protecting our Nation's intellectual property. When I return home to Nashville and drive down Music Row, my heart sinks as I see the ``For Sale'' and ``For Rent'' signs everywhere. The once vibrant music community is being decimated by online piracy. No one is spared. It is hitting artists, writers, record companies, performing rights organizations, and publishers. Every month 2.6 billion music files are illegally downloaded using peer-to-peer networks, and it is not unusual for albums to show up on the Internet before they make it to the record store. The effect of this theft of intellectual property is disastrous to the creative industry. In the end, rampant piracy dries up income and drives away professional musicians. We get fewer artists and less music. Online piracy affects more than just the music industry. It affects a broad swath of the creative field, including the movie and software industries. Music, movies, books, and software contribute well over half a trillion dollars to the U.S. economy each year and support 4.7 million workers. When our copyright laws are blatantly ignored or threatened, an enormous sector of our economy and creative culture is threatened. The intent of the anti-piracy bill being introduced today is simple. It holds liable those who intentionally induce others to commit illegal acts of copyright infringement. In other words, it targets the bad actors who are encouraging others to steal. In addition, the general cause of action in this bill is not new or revolutionary. It is based on the theory of secondary liability that is found squarely in our Nation's laws. This bill should not and does not threaten in any manner the further advancement of technology. It is not a technology mandate. Only individuals or organizations which profit from intentionally encouraging others to violate our copyright laws should fear this legislation. It has been carefully crafted and will be thoroughly reviewed to ensure that its language accurately reflects its sound intent. The future of the music community is with advancing technology, and I encourage those in the music field to continue to offer innovative choices to consumers. It is important to recognize, however, that no one in the music industry or any other intellectual property field can survive when his or her work is being stolen. Those who are intentionally and actively encouraging this theft should be held accountable. I would like to thank Senator Hatch for his hard work on this bill and his dedication to this issue. I would also like to thank Senator Leahy for his work. This is truly a bipartisan issue, and I look forward to working with Members on both sides of the aisle to ensure that our intellectual property laws are respected and enforced.

Mr. FRIST

Mr. FRIST. Mr. President, I ask unanimous consent that the Senate now proceed to the consideration of H.R. 4589, which is at the desk.

Mr. FRIST. 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 any statements relating to the bill be printed in the Record.

Mr. FRIST

Mr. FRIST. Mr. President, I will allow Senators to finish. I think from the discussion we all just witnessed, we are working very hard with certain limitations with people who are here and the way they want to express themselves. From a leadership standpoint, because this is the last week before the recess and we have other important legislation, I want to encourage the managers to do exactly what they are doing, and the leadership on both sides of the aisle, to bring this bill to closure tomorrow night. If it means working very hard today and tonight and starting early tomorrow with votes continuing late tomorrow night, I ask them to give every consideration to that so we can move on to very important business before our recess.

Mr. FRIST. That is correct, Mr. President. We want to proceed in good faith as we have been doing.

Mr. FRIST. Mr. President, let me interject. The Senator from Utah will be here early afternoon, sometime right after 2:30.

Mr. FRIST. I ask the chairman to comment on the schedule.

Mr. FRIST. I vitiated the last cloture vote because I recognize the good faith both sides are working in, but we need to bring the bill to completion tomorrow night if it is at all humanly possible.

Mr. FRIST

Mr. FRIST. Mr. President, today the Senate will resume consideration of the Defense authorization bill. There are seven pending amendments at this time, with two of those being second-degree amendments. As I stated Friday, I expect rollcall votes at 5:30 today on some of the pending amendments, or others that may be offered over the course of the afternoon. At this time no votes have been set, but I will be consulting with the chairman and ranking member as to which amendments will be ready for rollcall votes this evening. We expect at least a couple of votes today on Defense amendments. As always, we will alert Members as those are set. This is now the fourth week of consideration of this bill. The Senate began consideration of the Defense authorization on May 17. Since that time, we have had a number of challenges with respect to the schedule, but I think we have had adequate time to debate and consider this very important bill. I vitiated the scheduled cloture vote last week, given a good-faith effort to complete this bill. Now is the time to work to bring this bill to an end. Following tonight's votes, I hope we can stack additional votes for Tuesday morning, with a further agreement as to what remains. We will be prepared to stay late tomorrow if necessary in order to finish this bill. I expect Members to be prepared for that event. Last, I have two scheduling reminders for Senators. The official photograph will be taken tomorrow at 2:15. Senators should be seated promptly at their desks at 2:15 for that photograph. Second, there is a possibility of a Members only briefing on Iraq for Wednesday at 3 p.m. Once again, we will alert all Senators when this is all confirmed.

Mr. FRIST

Mr. FRIST. Madam President, last Thursday, the Centers for Disease Control and Prevention announced that smoking among high school students has dropped to its lowest level in more than a decade. As a heart and lung surgeon, as one who has seen the travesty of smoking and the devastation it causes in people's lungs and on their heart, this is great news. We are making great strides in this battle against smoking, especially in the teenage years. Fewer students now say they have never tried cigarettes. The CDC gives part of the credit to effective antismoking media campaigns and antismoking education in the classroom. I mention this demonstrated success, because it energizes us in the battle against an issue that is equally important and, in fact, actually growing among young people, and that is childhood obesity. The CDC report demonstrates that aggressive education can steer kids away from harmful behaviors and toward making healthier choices. While food is not exactly like cigarettes, one cannot just say no. Childhood obesity is a serious public health threat and a threat that is growing. In fact, the CDC reports that obesity is on its way to surpassing smoking as the leading preventable killer in the United States of America, and that is why Senator Wyden and I today are introducing a bill called the Childhood Obesity Reduction Act. We believe early intervention with community and school support at the grassroots level is key to preventing lifelong obesity and the obesity-related illnesses that result. Ten percent of American children are clinically obese. More than 30 percent of American children are overweight, and we know that overweight and obese children have a lower quality of life than their healthy peers. They suffer significantly higher rates of type II diabetes and cardiovascular--that is, heart-- and blood vessel disease, including heart attack, stroke, and congestive heart failure. Later in life, they are more likely to suffer from lung disease or pulmonary disease complications like sleep apnea, musculoskeletal problems--that is, bone and muscle problems--which include degenerative joint disease and disk disease, and also are more likely to suffer psychosocial problems, including poor self-image, depression, lack of self-esteem, and isolation. A recent study published in Pediatrics Magazine found that obese boys and girls were two times more likely than normal weight children to be intentionally left out of social activities. After adolescence, overweight kids have a 70-percent chance of becoming overweight or obese adults. The good news is that we can reverse these trends. We need to reverse these trends, and we can reverse these trends. Our kids simply should not have to suffer from a condition that is preventable and treatable based on what we know today. The best way is to start in those earliest of years. The bill Senator Wyden and I are introducing today encourages schools to promote physical activity and to teach children how to make healthy food decisions. It also sets up a public-private partnership foundation to fund innovative projects that improve eating and exercise habits in school. The Childhood Obesity Reduction Act authorizes $2.2 million for a Congressional council on childhood obesity. The council will seek out model anti-obesity programs in both public and private schools and will award these schools with the Congressional Achievement Award. After 2 years of selecting model programs for other schools to follow, the council will create a public-private partnership called the National Foundation for the Prevention and Reduction of Childhood Obesity. The foundation will give challenge awards to schools that implement those model anti-obesity programs. In closing, we know that kids need to run, jump, and play. We know that is good for their bodies. We know it is good for their spirits. They need nutritional food that gives them energy, the type of food that really does keep them sharp. They need a school environment that encourages healthy habits, vigor, expenditure of energy, and vitality. I thank my colleague, Senator Wyden, for his leadership in this important public health effort. I urge my colleagues to be a part of the solution and am delighted to be able to join with my colleague, Senator Wyden, in submitting and ultimately passing this legislation, all of which will help Americans keep fit.

Mr. FRIST

Mr. FRIST. Madam President, last Thursday, the Centers for Disease Control and Prevention announced that smoking among high school students has dropped to its lowest level in more than a decade. As a heart and lung surgeon, as one who has seen the travesty of smoking and the devastation it causes in people's lungs and on their heart, this is great news. We are making great strides in this battle against smoking, especially in the teenage years. Fewer students now say they have never tried cigarettes. The CDC gives part of the credit to effective antismoking media campaigns and antismoking education in the classroom. I mention this demonstrated success, because it energizes us in the battle against an issue that is equally important and, in fact, actually growing among young people, and that is childhood obesity. The CDC report demonstrates that aggressive education can steer kids away from harmful behaviors and toward making healthier choices. While food is not exactly like cigarettes, one cannot just say no. Childhood obesity is a serious public health threat and a threat that is growing. In fact, the CDC reports that obesity is on its way to surpassing smoking as the leading preventable killer in the United States of America, and that is why Senator Wyden and I today are introducing a bill called the Childhood Obesity Reduction Act. We believe early intervention with community and school support at the grassroots level is key to preventing lifelong obesity and the obesity-related illnesses that result. Ten percent of American children are clinically obese. More than 30 percent of American children are overweight, and we know that overweight and obese children have a lower quality of life than their healthy peers. They suffer significantly higher rates of type II diabetes and cardiovascular--that is, heart-- and blood vessel disease, including heart attack, stroke, and congestive heart failure. Later in life, they are more likely to suffer from lung disease or pulmonary disease complications like sleep apnea, musculoskeletal problems--that is, bone and muscle problems--which include degenerative joint disease and disk disease, and also are more likely to suffer psychosocial problems, including poor self-image, depression, lack of self-esteem, and isolation. A recent study published in Pediatrics Magazine found that obese boys and girls were two times more likely than normal weight children to be intentionally left out of social activities. After adolescence, overweight kids have a 70-percent chance of becoming overweight or obese adults. The good news is that we can reverse these trends. We need to reverse these trends, and we can reverse these trends. Our kids simply should not have to suffer from a condition that is preventable and treatable based on what we know today. The best way is to start in those earliest of years. The bill Senator Wyden and I are introducing today encourages schools to promote physical activity and to teach children how to make healthy food decisions. It also sets up a public-private partnership foundation to fund innovative projects that improve eating and exercise habits in school. The Childhood Obesity Reduction Act authorizes $2.2 million for a Congressional council on childhood obesity. The council will seek out model anti-obesity programs in both public and private schools and will award these schools with the Congressional Achievement Award. After 2 years of selecting model programs for other schools to follow, the council will create a public-private partnership called the National Foundation for the Prevention and Reduction of Childhood Obesity. The foundation will give challenge awards to schools that implement those model anti-obesity programs. In closing, we know that kids need to run, jump, and play. We know that is good for their bodies. We know it is good for their spirits. They need nutritional food that gives them energy, the type of food that really does keep them sharp. They need a school environment that encourages healthy habits, vigor, expenditure of energy, and vitality. I thank my colleague, Senator Wyden, for his leadership in this important public health effort. I urge my colleagues to be a part of the solution and am delighted to be able to join with my colleague, Senator Wyden, in submitting and ultimately passing this legislation, all of which will help Americans keep fit.

Mr. FRIST

Mr. FRIST. I thank the Chair. (The remarks of Mr. Frist and Mr. Wyden pertaining to the introduction of S. 2551 are located in today's Record under ``Statements on Introduced Bills and Joint Resolutions.'')

Mr. FRIST

Mr. FRIST. Mr. President, this morning we will immediately resume consideration of the Defense authorization bill. Although I announced no rollcall votes will occur today, we expect a number of Senators to come to the floor of the Senate to offer their amendments throughout the day. It is our expectation that some of those amendments can be fully debated today and Monday, and then we will schedule votes for Monday night. Last night I stated that we will have our next series of rollcall votes on Monday and those votes to start around 5:30 p.m. We will have a busy day and evening on Monday and throughout Tuesday as we complete the Defense authorization bill. I continue to remind my colleagues we will be scheduling votes on the available judicial nominations each day next week. Next week is the final week prior to the scheduled Fourth of July recess. It is expected it will be a very busy week. I advise my colleagues in advance to keep their schedules flexible in anticipation of busy floor sessions with votes each day throughout the week. Also, as a reminder, we will be taking the official photograph of the Senate this Tuesday at 2:15. Members should be seated at their desks promptly at 2:15 to avoid missing this photograph. I do want to thank all for their attention, and I particularly thank Senators Warner and Levin for being here today managing the bill and for their continuing efforts at finishing this bill. They have been here each evening and early each morning. I appreciate their continued hard work on the bill.