Floor Statements

Mr. President, I take a moment today to pay tribute to Ernie Marx of Louisville, KY for his service to the people of Kentucky and his willingness to teach understanding and compassion to our Commonwealth's youth.

Mr. Marx is a survivor of the Holocaust and has used this tragic event in human history as an inspiration to educate the youth of our country about tolerance and respect. He has focused his efforts on middle and high school students, speaking about his experiences before hundreds of different groups.

One such event was on Tuesday, April 29, 2003, when Mr. Marx spoke at the annual Yom HaShoah commemoration at Fort Knox, KY. Yom HaShoah, or Holocaust Remembrance Day, is an important day of reflection for Americans and people throughout the world. His own message to our soldiers at Fort Knox was about hate and tolerance. He told the soldiers that they can prevent a Holocaust, saying, ``You are our hope and are fight for our freedom.''

This fall Mr. Marx led his 54th trip to Washington, DC to educate children and citizens about the Holocaust. He brings these groups, primarily students, to visit the holocaust Museum and teaches them about tolerance and understanding. I am certain he will continue to lead these trips in the tradition of the Holocaust Museum's mission of education.

From Atherton High School in Louisville, KY to the Henry County Middle School in New Castle, KY, Ernie Marx has had a profound impact on the youth of the Louisville region. I would like to honor his dedication, leadership and commitment to the people of Kentucky.

Madam President, I ask unanimous consent that the order for the quorum call be rescinded.

Madam President, today I rise to spend a few minutes talking about the need for medical malpractice reform in my State, along with the bill before us, S. 2061, the Healthy Mothers and Healthy Babies Access to Care Act.

First, I commend the Senate leadership for bringing up this bill for consideration this week. It sends a signal to the American people that this is a high health care priority this year and that we have not given up the fight for real reform. As a father of 9 and a grandfather of 35, I believe there are very few things more important than providing mothers with the safest and healthiest environment to deliver their children.

Unfortunately, because of the medical liability crisis in Kentucky, the health and safety of both mothers and their babies are being jeopardized. Personally, I believe the most effective approach to medical liability insurance reform is a comprehensive approach covering all health care providers.

I hear all the time from doctors and hospitals across Kentucky about how they struggle to pay their skyrocketing premiums. Last May, the Joint Economic Committee found that total premiums for medical liability insurance doubled from 1992 to 2001, to reach $21 billion. I know hospitals and doctors are struggling under these increases. Last year, we had an opportunity to pass a comprehensive reform bill. Unfortunately, our opponents did not even give us a chance to fully consider the bill or have an up-or-down vote on it. Today we are attempting to fix the problem for just one of the specialities that has been the most severely affected by the increase in malpractice insurance premiums. Those are the OB/GYN doctors.

Specifically, this bill would improve access to care for pregnant women by placing some reasonable limits on lawsuits against their health care provider. The bill provides unlimited awards for economic damages and places a $250,000 cap on damages for pain and suffering.

The bill also ensures that health care providers will only be liable for their share of any damages in a lawsuit brought against an OB/GYN doctor, along with limited attorney's fees.

All of these are steps in the right direction and the right thing to do. I urge my colleagues to vote for cloture tomorrow. The liability system we have now is badly flawed and broken and must be fixed. It encourages lawsuits and defensive medicine and forces doctors to become more worried about going to court than properly caring for their patients. This, in turn, leads to higher insurance premiums and gaps in care. Under our current liability system everyone loses, doctors and patients--everyone, that is, except the personal injury lawyers.

It is obvious people are beginning to understand the impact that soaring medical malpractice premiums are having on their communities. In fact, a recent poll showed that 68 percent of Kentuckians support putting limits on medical malpractice awards. That is right, 68 percent of Kentuckians. That is an overwhelming number of Kentuckians supporting reform.

I hear all of the time about how premiums rise, squeezing physicians financially, and affecting Kentuckians' access to quality health care. Last year, the American Medical Association added Kentucky to its list of crisis States. This means the current liability system is seriously eroding patient care. In Kentucky, physicians are choosing to close their offices or retire early. Others are packing up and moving to other States with more sensible insurance regulations.

A study conducted by the Kentucky Medical Association shows that over a 3-year period, Kentucky had a net loss of 819 physicians. According to the study, over 1,200 physicians moved out of the State to more friendly communities, and 281 retired. Even worse, we are losing young doctors. In that time, 500 residents packed their bags and left

Kentucky. That means 58 percent of the residents who trained in the State moved elsewhere to practice. My State cannot continue to bleed physicians like this. It takes a toll on our communities and our patients.

The American College of Obstetricians and Gynecologists also conducted a survey back in 2002 and found that 71 percent of the Kentucky physicians who responded to their survey have actually changed their practice--changed their practice from what they did because of the medical liability reform crisis that we are having. In my book that is completely unacceptable.

They also estimate that 3,240 pregnant women in Kentucky are without OB/GYN care. If that is not a crisis, I don't know what is.

The medical liability crisis not only affects physicians in private practice, it affects our hospitals as well. Last year, two hospitals in eastern Kentucky--Our Lady of Bellfonte Hospital in Russell and the Knox County Hospital in Barbourville--both completely stopped delivering babies. This puts mothers in rural areas at a much greater risk of complications. No expectant mother should have to drive past the hospital she has trusted for years to find one that will deliver her child. It doesn't make any sense. It just is not common sense.

While the liability crisis clearly must be addressed for the entire country, individual States are trying to pass legislation to help the doctors within their own borders. I commend them for this effort. In Kentucky, the State senate recently passed a bill by a vote of 23 to 14 that would allow Kentuckians to vote whether they want to amend the State constitution to allow for medical malpractice reform. Now it is up to the Kentucky House of Representatives to pass similar legislation. I believe the general assembly should pass a constitutional referendum and let Kentuckians vote on this issue since the crisis is threatening their access to care and ultimately costing them more in health care costs.

I have consistently supported medical malpractice reform since I came to this Congress in 1986, and I will support S. 2061 this week. It is the right thing to do, and it is the right thing to do for my State.

It is important that my colleagues take a stand and decide if they are with the mothers and children or if they are with the personal injury lawyers. Personally, I will be supporting the mothers and children in my State.

I yield the floor.

Mr. President, I rise today in the Senate to pay tribute to the Paul Laurence Dunbar High School Varsity Cheerleading Squad from Lexington, KY. On February 8, the Paul Laurence Dunbar High School Varsity Cheerleading Squad won the Universal Cheerleading Association's National Championship in Orlando, FL.

For the young women on this squad this is not just a trophy, it is an affirmation that with hard work and determination, anything is possible. To accomplish this goal the members not only have to juggle long practices and games, but they continue to achieve academic excellence. Not only are these young women excellent athletes and students but they pride themselves in giving back to their community for all the support they have received by doing community service, fundraising, and school public relations. The citizens of Lexington, KY, are fortunate to have the 2004 National Champions living and learning in their community. Their example of hard work and determination should be followed by all in the Commonwealth.

I am very proud of the accomplishments these young women have made. I would like to congratulate the members of the Paul Laurence Dunbar High School Varsity Cheerleading Squad for their success. But also, I want to congratulate their peers, coaches, teachers, administrators, and parents for the support and sacrifices they've made to help the Paul Laurence Dunbar High School Varsity Cheerleading Squad make their dreams a reality.

Mr. President, today I will take the opportunity to honor the service of Spec. Justin A. Scott of Bellevue, KY. His death while performing his duty to this country is a great loss to us all.

On January 29, 2004, Justin and 11 other soldiers were investigating a cache of weapons about a hundred miles short of Bagram Air Base in Afghanistan. Suddenly, there was an explosion and Justin and seven other soldiers were killed. I offer my sincerest condolences to Spec. Scott's family and loved ones.

His service with the 87th Infantry Regiment of the 10th Mountain Division at Ft. Drum, NY, was exemplary and duly appreciated. As one of the U.S. Senators from Kentucky, I know that Spec. Scott served as a fine example of what it means to be a true patriot and an American of the highest caliber.

We are humbled and honored by the sacrifice Spec. Scott has made. His loss reminds us of the heavy cost exacted for our freedom. We must remember that the American way of life has been made possible by the bravery of men and women like Spec. Scott. When freedom has been challenged many like him have answered the call to arms. We must never forget that.

Mr. President, I would like to take a moment today to remember Gov. Louie B. Nunn of Versailles, KY, who passed away Thursday, February 5, 2004. Louie was elected Governor of Kentucky in 1967 and was a pillar of strength in the Republican Party for half a century.

Looking back through the history of the Commonwealth, I can say that he was truly the education Governor. Louie was a champion of the education system in Kentucky. He raised the standards of education for all, but focused his efforts on those people who too often fell through the cracks in the system.

He also was an advocate for mental health issues. People used to put anyone with a mental health problem in a shoebox and write them off, but Louie

saw that was wrong and got in there to fix the problem. He made it a priority and he cleaned it up.

He earned the title of Governor with a quick wit, a sharp political eye, and a gift for speaking. Louie could tell these fantastic stories and everyone would love them, captured by his words.

I have always admired his love of politics and that he always stayed committed to the Republican Party. I know he was proud to see the Republican Party win back the governorship, ending the 32-year drought since he held office in 1971. But I remember Louie for supporting his party in Kentucky through its successes and through its failures. Even when there was no one around to join him, he carried the Republican banner proudly.

And through his perseverance, he left a lasting legacy in Kentucky politics. More than any other person, he taught the people in Kentucky how to win elections and with that, he taught Republicans how to win statewide. He used to tell the story about his father, who was a precinct captain in Kentucky. Every election, his father would work as hard as he could and talk with voters one by one. And every election, they would win his precinct. Louie taught us that is how you won an election, one precinct at a time.

Gov. Louie Nunn was respected by his friends and colleagues on both sides of the aisle. All in the Commonwealth of Kentucky will miss him.

Mr. President, today I take the opportunity to honor the Girl Scouts' Wilderness Road Council for all the work they do to shape Kentucky's young women. This year the Girl Scouts in central and eastern Kentucky are taking on a new challenge with their annual cookie drive. They have started ``Operation Milk and Cookies,'' a program sponsored by the Girl Scouts' Wilderness Road Council that aims to give a box of Girl Scout cookies to families that can't afford them.

The Girl Scouts have always afforded a young women the unique opportunity to enhance her communication and social skills, to develop a strong sense of self, to participate in innovative programs, and to foster her creative side. But by participating in Operation Milk and Cookies, these young women are learning how to be productive and pro- active citizens, who will some day have the chance to change the way the world works. They are learning at an early age how important it is to help others that are less fortunate and how

to be selfless contributing members to the community.

Mr. President, the citizens of Kentucky are proud to have Girl Scouts' Wilderness Road Council's troops living and learning in their community. Their example of hard work and determination should be followed by all in the Commonwealth. The Girl Scouts' Wilderness Road Council have found a successful way to bring out the best in its young women, and I personally thank the leaders and supporters of this great organization for continually producing strong and bright young women committed to making Kentucky a better place to live.

Mr. President, when we talk about national security and human rights and our support of democracy, much of our attention focuses on Iraq, other countries in the Middle East, or North Korea. But we cannot forget that just 90 miles off our shore, a dictator named Fidel Castro continues to stomp his boot down on democratic freedoms and human rights in Cuba.

After all, the cause of freedom for the Cuban people is no less important than the cause of freedom for millions in the Middle East and other parts of the world. And let me be clear to some of my fellow Americans, Fidel Castro is a ruthless dictator that jails, tortures, and even murders those that seek liberty and democracy in his own country.

Just ask Dr. Oscar Biscet's wife. In Spring of 2003, while the world's attention was on Iraq, Castro arrested Dr. Biscet and over 70 other Cuban advocates of democracy. Dr. Biscet and his peers did not promote violence in their quest for a free Cuba. They merely asked for the God-given right to speak freely, a plea for basic human rights, and the granting of free and fair election. Instead, Castro gave them harsh prison sentences. Amnesty International has adopted all of these men and women as ``prisoners of conscience.''

Dr. Biscet is now nearly a year into his 25 year sentence for peacefully opposing the Castro regime. In a letter smuggled out of jail to his wife in November of 2003, he described his imprisonment: ``The characteristics of the cell violate the law. There are no windows. There are only walls. Always in darkness . . . The sky can't be seen.'' The International Committee of the Red Cross, which last inspected Cuban prisons in 1986, should be allowed back into Cuba immediately. Others suffer similarly in jail. In many cases Castro and his thugs have killed his own citizens and dissidents who advocated freedom or tried to be free.

While regular Cuban citizens suffer economic hardships, the regime in Havana has used tourism, foreign investment and commerce to strengthen its stranglehold over its people. Yet many member of Congress support trading with Cuba and lifting the travel ban. This approach will not bring democracy to Cuba.

Europe and Canada have never imposed the type of travel restrictions that the United States has imposed. The large increase in travel from people from these free countries has not led to democratic reforms in Cuba. Actually, the opposite has been happening. As Castro has collected cash from these foreign tourists, he has increased his repression.

The tourist trade in Cuba is controlled by Castro's totalitarian regime. A system of tourist apartheid has been implemented whereby ordinary Cubans are denied equal access to hotels, beaches, restaurants, clinics, and hospitals set aside for tourists. Meanwhile, tourists are put in hotels and enclaves that are literally walled-off from the rest of Cuba and every employee of those hotels must be hired through the Cuban government. Thus, the money spent at these hotels goes directly to feed Castro's government. The money tourists spend on hotels and meals is the same money used to pay Castro's thugs that imprison Dr. Biscet and other beacons of democracy in Cuba.

President Bush has been steadfast in his support for the freedom loving people of Cuba. He has threatened to veto any bills that loosen travel and trade restrictions with Cuba. He has taken a bold stand for the good of the Cuban people. The Senate has also acted. We passed S. Res. 97 calling for the release of Castro's political prisoners shortly after Castro jailed Dr. Biscet and his peers. Also, last summer we passed S. Res. 62 calling on various human rights organizations to take action in regard to the situation in Cuba.

The international community needs to address the situation in Cuba as well. Tragically, the United Nation's Commission on Human Rights that should be out front and center condemning these atrocities has Cuba sitting as a voting member.

We must continue to support advocates of democracy currently languishing in dirty Cuban jails with hardened criminals and murderers. More than at any time in our ongoing struggle to bring freedom to the Cuban

people we need to provide a consistent, unified front. We need to support the Bush Administration's policies towards Cuba. We endanger lives and prolong the suffering of the Cuban people by supporting travel and trade with Cuba.

Not many people know that I once lived in Cuba. Before Castro took power, I played alongside many Cubans for a baseball team in Havana. I saw the beautiful Cuban beaches and got to know the country and its people well. I have fond memories of Cuba and my wife Mary and I would like to go back and visit someday.

But as long as good Cubans like Dr. Biscet and others are jailed by a ruthless dictator like Fidel Castro, I will not travel to Cuba I will wait until the day I can visit a free Cuba--A Cuba that respects human rights and free speech; a Cuba where children are not brainwashed under Castro's propaganda classes and where their spirits are free, where they can grow up without fear, and where they can grow up in freedom.

Mr. President, I pay tribute to the St. Vincent de Paul Community Pharmacy of Crescent Springs, KY on its outstanding dedication to the community.

The St. Vincent de Paul Community Pharmacy has been in operation for nearly 2 years now. Since then it has provided an invaluable community service by filling expensive drug prescriptions for the needy for free.

In this era of high costs for prescription drugs, it is very comforting to know that there are groups such as St. Vincent de Paul which are helping low-income people afford the prescriptions that they need. In its first 6 months of operation alone, the pharmacy has 2,000 prescriptions totaling $180,000 in value. These efforts are made possible by concerned citizens and volunteer pharmacists that dedicate their time to this worthy endeavor.

The people of northern Kentucky, and across the entire Commonwealth, can all be proud of the dedication and kindness shown by the people at the St. Vincent de Paul Community Pharmacy. In order for our society to continue to be at its best, we must have organizations like St. Vincent de Paul Community Pharmacy in our communities and our lives. Kentucky is in your debt, and you make us all proud.

Mr. President, I pay tribute today to John A. Williams, Sr. of Paducah, KY for his diligence and commitment to the community in which he lives. Mr. Williams was honored for his civic work at the Paducah Area Chamber of Commerce Annual Dinner on Thursday, January 29, 2004.

In 1965, John A. Williams founded Computer Services, Inc., CSI, under the initiative to provide the finest bank date processing services in Western Kentucky and Illinois. CSI, which began with six employees and three customers, was an agreement of three Paducah banks to consolidate for the initiative. Mr. Williams continues as chairman of the board for CSI, which is now ranked as the fourth largest bank data processing company in the nation and continues to bring new technology and jobs to the region it serves.

Additionally, Mr. Williams has served on the board of every major business, civic, and cultural organization in Paducah. He is currently on the board of Paducah Power Systems, and has served on a number of Governors' Commissions for the Commonwealth.

The Paducah Area Chamber of Commerce named Mr. Williams Distinguished Citizen for his work in securing money for the Luther F. Carson Four Rivers Center, leading a campaign that raised more the $9 million for the performing arts center. The citizens of Paducah are proud of the beautiful, downtown Four Rivers Center and appreciate Mr. Williams and the other citizens that put so much time and energy into securing the funds for the center. The center opens at the end of February and will provide the entire region with a wide variety of entertainment, cultural, and educational programs.

Mr. Williams is a tribute to Paducah and the entire Commonwealth of Kentucky. I thank the Senate for allowing me to recognize him and the contributions he has made.

Mr. President, I pay tribute and congratulate Mr. and Mrs. Charles and Doris Hoskins of Paducah, KY on their dedication and entrepreneurial spirit in their 50th year of business at Hoskins Coin and Jewelry, Inc.

Mr. and Mrs. Hoskins opened business together in 1953, selling mostly furniture in downtown Paducah, KY. Mr. Hoskins, building on his military service in World War II, joined the Paducah police force and served for the next 16 years. Meanwhile, Mrs. Hoskins ran their small business and kept its books.

Over the last few decades, their business has flourished an evolved. This small family business looked for opportunities to expand--moving to a larger location down Third Street. Following the passions of Mr. and Mrs. Hoskins, the store started to buy and sell coins, estate jewelry and eventually began to offer a full line of retail jewelry.

Hoskins Coin and Jewelry, Inc. is now a staple of downtown Paducah. Their children, Ronnie and Linda Hoskins Duff, work alongside their parents who have even found room for grandson Brent Hoskins to work part-time. Local residents walk into this families store looking for a special gift, to learn about the latest coin they have found or just to talk about the community. This small family business is a shining example of one of the many small businesses that form the local economic foundations in Kentucky.

Thank you, Charles and Doris, for your commitment to the city of Paducah and your entrepreneurial spirit. I have sincere appreciation for your work. I wish you and your family continued success and happiness.

Mr. BUNNING. Mr. President, I pay tribute in the Senate to University of Kentucky Varsity Cheerleaders. The squad was named the national champions in the Universal Cheerleaders Association-sponsored competition earlier this year.

The Wildcats coed varsity cheerleading squad was awarded their 13th national title in Division I-A. This is their 9th championship in the last 10 years. It wouldn't be wrong to say that they are the most successful team in the history of this competition, and I and so many others are so proud of them.

The Commonwealth of Kentucky should be very proud of this squad, and I know they are. Their example of hard work and determination should be followed by all in the Commonwealth.

Congratulations to the members of the varsity squads for their success. But also, I want to congratulate their coach, Jomo Thompson, along with their peers, faculty, administrators, and parents for their support and sacrifices they've made to help the Wildcats meet their cheerleading achievements and dreams. Keep up the good work.

Mr. President, I pay tribute to the Morehead State University Varsity Cheerleaders. The squad was named the national champions in the Universal Cheerleaders Association-sponsored competition earlier this year.

The Morehead State University coed varsity cheerleading squad was awarded their 14th national title in Division I. Along with winning the overall title, Morehead State University received second place in the all-girl squad.

The citizens of Morehead, KY, are proud to have Morehead State University cheerleading champs living and learning in their community. Their example of hard work and determination should be followed by all in the Commonwealth.

I congratulate the members of the varsity squad for their success. But also, I want to congratulate their coach, Myron Doan, along with their peers, faculty, administrators, and parents for their support and sacrifices they've made to help them meet those achievements and dreams.

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Mr. President, I pay tribute and congratulate Mr. Leon Owens of Paducah, KY, on his dedication and leadership as president of Local 5-550 of Paper, Allied-Industrial, Chemical and Energy, PACE, Workers International at the Paducah Gaseous Diffusion Plant during the past 2 years.

Mr. Owens works at the Paducah Gaseous Diffusion Plant in Paducah, KY, where he has demonstrated his caring and leadership for years. He was chosen by the more than 500 union members who work at that plant to be their voice. During his tenure as president, Mr. Owens fought for his fellow workers and led them through an important, but difficult, 5- month strike in 2003. His leadership on this issue helped to protect the jobs and interests of the people of Paducah.

Aside from this highly publicized event, Mr. Owens worked tirelessly on plant cleanup, worker health and economic development issues. He shared his expertise and time with me and my colleagues in Congress, testifying most recently at the Energy Committee field hearing in Paducah in December and at a hearing here in November.

Mr. Owens also serves on the Advisory Board on Radiation and Worker Health which advises the Secretary of Health and Human Services on the implementation of NIOSH's responsibilities under the Energy Employees Occupational Illness Compensation Program Act. This important and complicated issue is just another example of Mr. Owens's dedication to the workers in Paducah.

The working people of Kentucky are fortunate to have had the leadership of Mr. Owens. His example of dedication, hard work and compassion should be an inspiration to all throughout the Commonwealth.

Thank you, Leon, for your leadership during a difficult period of history for the Paducah Plant. You have shown fortitude and compassion and I have sincere appreciation for your work. I wish you and your family the best.