CONGRESSIONAL RECORDSENATE

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					                                         S6010                                                                        CONGRESSIONAL RECORD — SENATE                                                                                                                              May 11, 2007
                                               (138) Beaver Creek Reservoir, Pennsylvania ($3,000,000) ................................................................                           Specter ......................................................................
                                               (139) Myrtle Beach, South Carolina ($10,000,000) ...........................................................................                       Graham .....................................................................
                                               (140) Charleston and West Ashley, South Carolina ($6,000,000) .....................................................                                Graham .....................................................................
                                               (141) Charleston, South Carolina ($3,000,000) .................................................................................                    Graham .....................................................................
                                               (142) North Myrtle Beach, South Carolina ($3,000,000) ...................................................................                          Graham .....................................................................
                                               (143) Surfside, South Carolina ($3,000,000) .....................................................................................                  Graham .....................................................................
                                               (144) Cheyenne River Sioux Reservation (Dewey and Ziebach Counties) and Perkins and Meade                                                          Thune ........................................................................
                                                  Counties, South Dakota ($20,000,000).
                                               (145) City of Oak Ridge, Tennessee ($4,000,000) .............................................................................                      Alexander ..................................................................       Corker.
                                               (146) Nashville, Tennessee ($5,000,000) ...........................................................................................                Alexander ..................................................................
                                               (147) Counties of Lewis, Lawrence and Wayne, Tennessee ($2,000,000) ........................................                                       Alexander ..................................................................
                                               (148) County of Giles, Tennessee ($2,000,000) .................................................................................                    Alexander ..................................................................
                                               (149) City of Knoxville, Tennessee ($5,000,000) ...............................................................................                    Alexander ..................................................................
                                               (150) Shelby County, Tennessee ($4,000,000) ...................................................................................                    Alexander ..................................................................
                                               (151) Johnson County, Tennessee ($600,000) ...................................................................................                     Alexander ..................................................................
                                               (152) Plateau Utility District, Morgan County, Tennessee ($1,000,000) ...........................................                                  Alexander ..................................................................
                                               (153) City of Harrogate, Tennessee ($2,000,000) ..............................................................................                     Alexander ..................................................................
                                               (154) Hamilton County, Tennessee ($500,000) ..................................................................................                     Alexander ..................................................................
                                               (155) Grainger County, Tennessee ($1,250,000) ...............................................................................                      Alexander ..................................................................
                                               (156) Claiborne County, Tennessee ($1,250,000) ..............................................................................                      Alexander ..................................................................
                                               (157) Blaine, Tennessee ($500,000) ..................................................................................................              Alexander ..................................................................
                                               (158) Chesapeake Bay ($30,000,000) ................................................................................................                Warner ......................................................................
                                         Section 5004:
                                               Alaska ($15,000,000): ........................................................................................................................     Stevens .....................................................................      Murkowski.
                                         Section 5012:
                                               Big Creek, Georgia, Watershed Management and Restoration Program ($5,000,000) .....................                                                Chambliss .................................................................        Isakson.
                                         Section 5013:
                                               Metropolitan North Georgia Water Planning District ($20,000,000) ..................................................                                Chambliss .................................................................        Isakson.
                                         Section 5014:
                                               Idaho, Montana, Rural Nevada, New Mexico, Rural Utah, and Wyoming (Idaho—$30,000,000;                                                              Craig, (ID) Thomas (WY) ..........................................                 Bennett (UT), Crapo
                                                  Utah—$25,000,000; Wyoming—$30,000,000).                                                                                                                                                                                              (ID).
                                         Section 5017:
                                               Southeast Louisiana Region, Louisiana ($17,000,000) .....................................................................                          Vitter .........................................................................
                                         Section 5018:
                                               Mississippi ($10,000,000) ..................................................................................................................       Cochran ....................................................................       Lott.
                                         Section 5021:
                                               North Carolina ($13,000,000) .............................................................................................................         Burr ...........................................................................
                                         Section 5022:
                                               Ohio River Basin Environmental Management ($2,500,000) .............................................................                               Lugar ........................................................................
                                         Section 5023:
                                               Statewide Comprehensive Water Planning, Oklahoma ($6,500,000) .................................................                                    Inhofe ........................................................................
                                         Section 5025:
                                               Texas ($40,000,000) ...........................................................................................................................    Hutchison ..................................................................       Cornyn.


                                                  HONORING MOTHERS                                                               Mothers are like water—without a                                                           that ‘‘I remember my mother’s prayers
                                           Mr. BYRD. Mr. President, Sunday,                                                      mother, life could not exist, while not                                                    and they have always followed me.
                                         May 13, is Mother’s Day. Motherhood                                                     enough mothering can stunt growth                                                          They have clung to me all my life.’’
                                         and May are a perfect pairing of all                                                    like a plant in a desert, but too much                                                     Booker T. Washington said that ‘‘. . . If
                                         that is warm and nurturing. The earth                                                   mothering can be as smothering as                                                          I have done anything in my life worth
                                         is soft and green, with the buds of new                                                 floodwaters on a field of corn.                                                            attention, I feel sure that I inherited
                                         leaves and new life appearing every-                                                      Motherhood is a delicate high-wire                                                       the disposition from my mother.’’ An-
                                         where. Birds fill the air with their love                                               act, balancing love and discipline, care                                                   drew Jackson observed that ‘‘The
                                         songs and flowers scent the breezes                                                     and independence, attention and self-                                                      memory of my mother and her teach-
                                         with their soft perfumes. All around us,                                                reliance. It is time consuming, often                                                      ings were, after all, the only capital I
                                         if we but look, we see the signs of                                                     stressful, unpaid, and with no pro-                                                        had to start life with, and on that cap-
                                         happy motherhood, from the ducklings                                                    motion and little recognition. It is a                                                     ital I have made my way.’’ Their moth-
                                         in a neat line behind their mother on a                                                 Sisyphean task. Yet mothers persevere,                                                     ers’ hands surely influenced the world
                                         pond to calves curled up asleep by their                                                rising each day to begin anew, building                                                    through their mothering.
                                         mother’s feet in deep green pastures. In                                                families with every meal they prepare,                                                       Most mothers will tell you that
                                         neighborhood parks, mothers bring                                                       every schedule they coordinate, every                                                      childrearing does not end after their
                                         their toddlers out to play in the sun-                                                  book they read with their children,                                                        children are officially grown up, either.
                                         shine before their afternoon naps or                                                    every dirty sock they collect and                                                          Mothers remain a constant in the lives
                                         push sleeping newborns in strollers                                                     transform into clean and folded laun-                                                      of their offspring for years afterward,
                                         along shade-dappled paths. In the                                                       dry. It takes strong women to do it                                                        sometimes actively involved and some-
                                         springtime, the great cycle of life is at                                               well and to keep up the effort over the                                                    times waiting in the background in
                                         its fullest flow.                                                                       many years of childrearing, for this is                                                    case they are needed. The strains of
                                           On this one lovely spring Sunday, the                                                 not a job that one can hand in a res-                                                      sustaining the military deployments in
                                         Nation heeds the Biblical admonition                                                    ignation letter or shop around a re-                                                       Iraq and Afghanistan have resulted in
                                         to ‘‘honor thy mother.’’ It is an oppor-                                                sume to find a better position. It is a                                                    many more military families calling
                                         tunity to make up for those times all                                                   job that is truly what a mother makes                                                      upon grandmothers and grandfathers
                                         year that we may have overlooked our                                                    of it, for good or for ill. ‘‘The hand that                                                to raise their grandchildren while their
                                         own mother’s contributions to our                                                       rocks the cradle is the hand that rules                                                    military parents are deployed overseas
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                                         well-being, or snapped at her well-                                                     the world,’’ observed W.R. Wallace.                                                        for long periods. Strong families and
                                         meaning advice and loving attempts to                                                     Many great men have noted the in-                                                        loving mothers make this possible, if
                                         straighten our collars and smooth our                                                   fluence of their mothers. George Wash-                                                     not desirable.
                                         hair. Such is the lot of mothers—to be                                                  ington wrote that ‘‘All I am I owe to                                                        Often mothers with children also find
                                         essential but so often unappreciated.                                                   my mother.’’ Abraham Lincoln said                                                          themselves taking up a new and



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                                         May 11, 2007                                      CONGRESSIONAL RECORD — SENATE                                                                  S6011
                                         unnamed role as mother to their own                     educational endeavors. As Solon, one of               . . . we’re going to sue them and sue them
                                         mother as she ages. Single women, too,                  the seven wise men of Greece, observed,               and sue them, and I think ultimately, as
                                         can become mothers in this way, pick-                   ‘‘I grow old in the pursuit of learning.’’            with tobacco, we’re going to win.
                                         ing up more and more of the care of                     Although Lily is a young woman, I am                    The comparison of this litigation to
                                         their aging parents. The willingness                    confident that she will grow old ‘‘in                 the tobacco suits is apt, because trial
                                         and love with which children care for                   pursuit of learning.’’                                attorneys are eager to find another in-
                                         their parents is a direct reflection of                    Today, I congratulate her and wish                 dustry to bear the burden of inflating
                                         how good a job their parents did rais-                  her the best as she completes an impor-               their bank accounts. As Banzhaf told
                                         ing them. The writer Charlotte Gray                     tant milestone in her education and                   National Public Radio:
                                         observed that ‘‘Children and mothers                    her life, and embarks upon the next en-               . . . when we proposed that the states would
                                                                                                 deavor.                                               sue for the cost of health care for lung can-
                                         never truly part—bound in the beating                                                                         cer, heart attack and so on, people thought
                                         of each other’s heart.’’ It is just that                   And I also congratulate her father,
                                                                                                                                                       the lawyers bringing those suits were crazy.
                                         sometimes, the roles of mother and                      Senator TED STEVENS.                                  They called them crazy. Today, we call them
                                         child, caretaker and care-receiver, re-                                   f                                   something else. We call them multimillion-
                                         verse. And while it can be sad to see                    ABUSIVE LITIGATION IN AMERICA                        aires, because, as you know, they won over
                                         one’s mother failing, the burden of her                                                                       $250 billion.
                                                                                                   Mr. MCCONNELL. Mr. President, I                       Indeed, a great deal of time and en-
                                         care is lightened by the warm memo-
                                                                                                 rise today to speak about abusive liti-               ergy is being invested into strategies
                                         ries of all the nights her hands tucked
                                                                                                 gation in America. Unfortunately,                     to transfer huge sums from the food in-
                                         in the bedcovers or checked a forehead
                                                                                                 many personal injury lawyers’ insatia-                dustry to overeating plaintiffs and,
                                         for fever, and by all the prayers her                   ble appetites for a big payday by any
                                         lips have uttered on her child’s behalf.                                                                      more to the point, their exceedingly
                                                                                                 theory imaginable are never satisfied,                active lawyers.
                                           Mr. President, I close with a poem by                 and so I come yet again to speak about
                                         an unknown author, entitled ‘‘Mother’s                                                                          But these lawsuits are not only about
                                                                                                 tort reform—an issue I have worked on                 money. They also represent attempts
                                         Love’’:                                                 nearly every year that I have been in                 by a small group of lawyers and spe-
                                                          MOTHER’S LOVE                          the Senate.                                           cial-interest groups to subvert the leg-
                                         Her love is like an island                                Earlier this week, as part of an ongo-              islative process and impose by litiga-
                                         In life’s ocean, vast and wide                          ing effort to bring much-needed reform
                                         A peaceful, quiet shelter
                                                                                                                                                       tion what they cannot achieve at the
                                                                                                 to our civil-justice system, I reintro-               ballot box. In 1999, Robert Reich,
                                         From the wind, the rain, the tide.                      duced the Commonsense Consumption
                                         ’Tis bound on the north by Hope,
                                                                                                                                                       former Secretary of Labor under Presi-
                                                                                                 Act with Senators PRYOR, GRAHAM,                      dent Bill Clinton, said that, ‘‘The era
                                         By Patience on the West,                                BAUCUS, CORNYN, LINCOLN, ALEXANDER,
                                         By tender Counsel on the South,                                                                               of big government may be over, but the
                                         And on the East by Rest.
                                                                                                 DOLE, and BUNNING.                                    era of regulation by litigation has just
                                                                                                   When I first introduced the Common-                 begun.’’
                                         Above it like a beacon light                            sense Consumption Act in July of 2003,
                                         Shine Faith, and Truth, and Prayer;                                                                             Last November, a group calling itself
                                         And thro’ the changing scenes of life
                                                                                                 the effort by some unscrupulous per-                  the Public Health Advocacy Institute
                                         I find a haven there.                                   sonal injury lawyers to target food                   held its fourth annual conference re-
                                                                                                 manufacturers and sellers was only be-                garding obesity litigation.
                                                          f                                      ginning to take shape.                                  This is the same Public Health Advo-
                                         CONGRATULATIONS TO LILY STE-                              In fact, I noted at that time an arti-              cacy Institute whose 2004 Conference
                                           VENS, THE LAW SCHOOL GRAD-                            cle in the satirical newspaper ‘‘The                  featured a memorable overhead projec-
                                           UATE                                                  Onion.’’ This newspaper had gotten a                  tion display proclaiming ‘‘Patience,
                                                                                                 big laugh through a spoof article enti-               hell. Let’s sue somebody.’’ And these
                                           Mr. BYRD. Mr. President, last                         tled ‘‘Hershey’s Ordered to Pay Obese
                                         month, this Chamber celebrated a                                                                              groups will sue, and they will sue, and
                                                                                                 Americans $135 Billion.’’                             they will sue, until they have imposed
                                         milestone day in the life of our dear                     The article poked fun at the worst
                                         colleague, Senator TED STEVENS. On                                                                            their special-interest policy pref-
                                                                                                 excesses of plaintiff’s attorneys, de-                erences on the rest of America.
                                         April 13, the senior Senator from Alas-                 scribing a class-action suit that ac-
                                         ka became the longest serving Repub-                                                                            This kind of reckless litigation can-
                                                                                                 cused the candy company of ‘‘know-                    not be allowed to continue. A Gallup
                                         lican Senator in history. This was an                   ingly and willfully marketing rich,                   poll found that 89 percent of Americans
                                         important day for him. It was an his-                   fatty candy bars, containing chocolate                oppose holding the food industry le-
                                         toric day for us.                                       and other ingredients of negligible nu-               gally responsible for the diet-related
                                           But having served in this Chamber                     tritional value.’’                                    health problems of people who choose
                                         with Senator STEVENS for more than                        That spoof was published in August                  to eat fast-food on a regular basis.
                                         four decades, and knowing him as I do,                  of 2000. But almost 7 years later, farce                The economic repercussions of this
                                         I feel confident that, in a few days, he                has become reality.                                   sort of frivolous litigation are very
                                         will be celebrating what to him will be                   Frivolous lawsuits against the food                 real. In fact, the food industry is one of
                                         an even more important day. This Sat-                   industry are moving forward on a num-                 the most important engines for our Na-
                                         urday, May 12, his lovely, talented, and                ber of different fronts and a growing                 tion’s economy. The food retail sector
                                         beloved daughter Lily will graduate                     cadre of academics, overzealous public                of the industry is America’s largest
                                         from law school. She will receive her                   health advocates, and of course, per-                 private-sector employer, providing jobs
                                         Juris Doctor degree from the Univer-                    sonal injury lawyers, are forthright                  and livelihoods for more than 12 mil-
                                         sity of California, Berkeley, School of                 about their intentions to make food                   lion Americans. Estimates suggest that
                                         Law.                                                    manufacturers and sellers the victims                 the food industry is responsible for 4
                                           I extend my heartiest congratula-                     of their next huge payday.                            percent of the United States GDP.
                                         tions to Lily, whom I know quite well.                    One of the more prominent members                     Nor is this an industry dominated by
                                         I remember her as an infant when her                    of the movement to sue the food indus-                a small number of large market par-
                                         father carried her around the Capitol                   try is John Banzhaf, a personal injury                ticipants. Numerous mom-and-pop gro-
                                         in a basket. I remember attending the                   attorney and a professor. Banzhaf ap-                 cery stores, family-owned and operated
                                         birthday parties that her father gave                   pears often in the media to discuss                   restaurants, specialty producers, and
                                         her. I enjoyed watching her grow up.                    strategies for suing food producers and               other small businesses will find them-
                                         Now she is the graduate of one of our                   sellers.                                              selves in the crosshairs of the personal
                                         Nation’s most prestigious law schools.                    In one appearance, Banzhaf told an                  injury lawyers trying to cash in on
                                         And she is ready to embark upon what                    interviewer in regard to obesity law-                 obesity-related lawsuits.
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                                         I am confident will be a rewarding, pro-                suits:                                                  Wayne Reaves, an entrepreneur who
                                         ductive, and most successful career.                      [Y]ou may not like it . . . but we’ll find a        operates    seven     quick-service   res-
                                           Knowing Lily as I do, I am sure that                  judge. And then we’ll find a jury.                    taurants in the Northern Alabama re-
                                         she will see her graduation, not as the                   During another interview, Banzhaf                   gion, testified before the Senate Judi-
                                         end, but as just another step in her                    proclaimed:                                           ciary Subcommittee on Administrative



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