[Congressional Record (Bound Edition), Volume 151 (2005), Part 21]
[Senate]
[Pages 27956-27958]
[From the U.S. Government Publishing Office, www.gpo.gov]




                                ASBESTOS

  Mr. BAUCUS. Mr. President, Libby, MT, is a special place. Libby is a 
city of more than 2,600 people in Lincoln County, in the northwest 
corner of Montana. It rests in a valley high in the Rocky Mountains, on 
the green Kootenai River between the Cabinet and Percell Mountains.
  Libby is not a rich city. In 2000, the median family income in Libby 
was just under $30,000. That compares with just over $40,000 in all of 
Montana, and just over $50,000 in all of America.
  Across the river, and 9 miles northeast of the town, rises a mountain 
that they call Zonolite Mountain. Until 1990, the W.R. Grace Company 
used to mine vermiculite there in the mountain.
  Vermiculite is shiny mineral. Heat it, and it pops like popcorn. 
People used to pop vermiculite to make building insulation. They called 
the popped vermiculite ``Zonolite.''
  The layers of rock where people found the vermiculite contained 
harmful asbestos. And the vermiculite outside Libby is laced with a 
especially dangerous type of asbestos, called tremolite.
  Tremolite is the most toxic form of asbestos. Termolite has long 
fibers that are barbed like fishhooks. These fibers work their way into 
soft lung tissue. These fibers do not come out.
  Until the mid-1970s, W.R. Grace processed the vermiculite mined in 
Libby in a nearby mill. The mill was so dusty that workers often could 
not see their hands on their brooms. Dust was everywhere. Mill workers 
swept dust outside. They dumped it down the mountainside. I remember 
seeing employees come out of the mine off the bus so caked with dust I 
wondered what in the world is going on here. I never knew any working 
conditions to be so dusty.
  The mill's ventilation stack spewed the dust into the air. The 
ventilation stack released 5,000 pounds of asbestos every day. When the 
wind blew from the east, a deadly white dust would cover the town.
  For decades, 24 hours a day, the dust fell all over Libby. Dust fell 
on Libby's gardens. Dust fell on Libby's homes. Dust fell on Libby's 
high school track. Dust fell on Libby's playgrounds.
  Some of the vermiculite went downtown to a plant, right next to the 
baseball diamonds. The plant popped the vermiculite into Zonolite. 
Batches of Zonolite spilled all around the plant.
  Kids played in the Zonolite. People brought home bags of Zonolite to 
pour into the attics. People put Zonolite in their walls. People put 
Zonolite in their gardens. People put vermiculite and ore in road beds. 
People used vermiculite and ore as aggregate in their driveways.
  An article in the journal Environmental Health Perspectives would 
later conclude:

       Given the ubiquitous nature of vermiculite contamination in 
     Libby, along with historical evidence of elevated asbestos 
     concentrations in the air, it would be difficult to find 
     participants who could be characterized as unexposed.

  Every day, men from the valley went to the mountain to work in the 
mine and the mill. Every day, these men came home, covered with the 
fine, deadly white powder.
  The powder got into their clothes. The powder got into their 
curtains. The powder covered their floors.
  The fine fibers of tremolite asbestos are easy to inhale. Miners 
inhaled fibers in the mine. Workers inhaled fibers at the mill. Wives 
inhaled fibers when they washed their husband's clothes. Children 
inhaled fibers when they played on the carpet.
  And those fibers caused respiratory disease. Those fibers caused a 
serious lung disease called asbestosis. And those fibers caused a 
serious form of cancer, mesothelioma, which plagues the chest and 
abdominal cavities.
  Tremolite asbestos causes unique diseases. These diseases are highly 
progressive and deceptive. These diseases often result in severe 
impairment or death, without the typical warning markers that show up 
on x-rays. Without the usual medical signals, the people of Libby often 
went undiagnosed.
  The Agency for Toxic Substances and Disease Registry found that 
people from Libby suffer from asbestos-related disease at a rate 40-to-
60 times the national average. People from Libby suffer from the 
asbestos cancer mesothelioma at a rate 100 times the national average.
  Because of the W.R. Grace mine and the mill, hundreds of people in 
Libby died from asbestos-related diseases. And hundreds of current and 
former area residents are now ill.
  The people in Libby will be plagued by asbestos for years to come. 
These diseases can take 40 years to appear. Hundreds more will fall 
victim to these diseases in the future.
  Now, the people of Libby must watch their neighbors struggle to tend 
their gardens. They must watch their neighbors struggle to walk to the 
cafe. They must watch their neighbors struggle to provide a future for 
their children. And they must wonder if they, too, will fall ill.
  Hundreds of people live in discomfort. Hundreds of people live in 
pain. ``It took my mother 17 months to slowly suffocate,'' said Gayla 
Benefield.
  After Gayla's mother died in 1996, Gayla and her sister sued W.R. 
Grace. They brought only the second such lawsuit to be decided by a 
jury in Libby. W.R. Grace had quietly settled dozens of other claims 
with agreements of secrecy.
  In 1999, the Environmental Protection Agency started to investigate. 
The EPA found tremolite contamination in the air around the nursery. 
They found it near the ball fields. They found it inside homes.
  The EPA started cleaning up. The entire community of Libby was 
designated a Superfund site. Libby was listed on the EPA's National 
Priorities List.
  The EPA concluded:

       The occurrence of non-occupational asbestos-related disease 
     that has been observed among Libby residents is extremely 
     unusual, and has not been associated with asbestos mines 
     elsewhere, suggesting either very high and prolonged 
     environmental exposures and/or increased toxicity of this 
     form of amphibole asbestos.

  The EPA has worked hard. The EPA has shown a good response and solid 
clean-up work. And the EPA is committed to finishing the job. I commend 
them. I made many visits to Libby--many, many times. I talked with EPA 
officials over the years, and I think they have done a pretty good job.
  The EPA has identified more than a thousand properties in Libby that 
still need cleaning up.
  The agency has pushed back the timeframe for cleaning up the town 
from 2004 to 2008. After having been in Libby for 3 years, the agency 
had completed only 10 percent of the cleanup work needed to give the 
town a clean bill of health. The EPA must keep Libby a priority.
  In 1999, I was the first high-ranking elected official to visit 
Libby. Since the winter of 1999, I have gone to Libby 16 times. I have 
worked heard to get funds to help with cleanup, health care, and 
economic development.
  I have looked into the eyes of people in Libby. I have seen mothers 
and fathers, sister and brothers, husbands and wives. I have listened 
to their troubling stories.
  In Libby, I heard many concerns of residents who cannot afford their 
health care. People are sick. Many are getting sicker. They are dying 
up there. Health care is one of the most pressing needs facing Libby.
  In 2000, I helped to establish the Center for Asbestos Related 
Diseases, or CARD. The CARD clinic has done a tremendous job providing 
health care and screening for Libby residents. CARD needs additional 
Federal dollars to provide more and better care.
  The healthcare costs of treating asbestos-related disease can be 
devastating. Simple, routine procedures to help a person breathe more 
easily can cost more than $30,000. Those costs continue to add up. They 
are crippling a

[[Page 27957]]

community that is struggling to get back on its feet.
  The people of Libby face a health care crisis. This crisis was caused 
by alarming rates of tremolite asbestos-related disease. Treating the 
sick people in Libby will cost hundreds of millions of dollars. It was 
caused by no fault of their own, but, I might add, by a company that 
knew it was damaging and killing the people in that community.
  Libby is working to overcome years of asbestos exposure from the W.R. 
Grace mine. They have been through enough. They did not ask for this 
lot. Affording quality health care remains one of the biggest hurdles 
for the town to move forward.
  That is why I fought to make sure that asbestos bills working through 
the Senate addressed the needs of the people of Libby. When, in May of 
this year, the Judiciary Committee voted to report S. 852, the Fairness 
in Asbestos Injury Resolution Act, the committee included appropriate 
language.
  The good people of Libby need our help. They are dying up there. They 
cannot afford health care. I am dedicated to getting them the 
healthcare treatment that they need and deserve. I made a commitment to 
the people of Libby and I intend to work together with my colleagues to 
see that commitment honored.
  Asbestos disease has devastated many communities across the country 
But tremolite asbestos hit Libby hardest of all. Libby is unique. The 
type of asbestos at Libby is unique. The duration of exposure at Libby 
is unique. The manner in which asbestos disease manifests itself in 
Libby is unique. And the community-wide exposure in Libby was unique. 
That is why the tailored solution that the Judiciary Committee has 
proposed makes sense.
  I want my colleagues to know that I will fight to defend the Libby 
provisions in the asbestos bill. Libby is extremely important to me. If 
the Congress takes out the Libby provisions from the bill, they will 
lose my vote.
  People in Libby are dying from tremolite asbestos exposure. The town 
has risen mightily to the challenges that it has faced. But they need 
our help. They deserve our help.
  The people in Libby are working hard to revitalize their economy and 
their community. They are rightly proud of their resilience and their 
ability to land on their feet. They deserve all the help that we can 
give them to make their town whole again.
  I urge my colleagues to support the Libby provisions in the asbestos 
bill. Help us to right this terrible wrong. Help these hundreds of 
suffering people to get health care and help save the life of this 
town.
  Mr. President, I yield the floor and suggest the absence of a quorum.
  The PRESIDING OFFICER (Mr. Alexander). The clerk will call the roll.
  The bill clerk proceeded to call the roll.
  Mr. GRASSLEY. Mr. President, I ask unanimous consent that the order 
for the quorum call be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. GRASSLEY. Mr. President, I do want to, as I have the privilege of 
so often doing, express my thanks to my Democratic colleague, the 
ranking member of the Senate Finance Committee, for his cooperation 
particularly on this United States-Bahrain Free Trade Agreement that we 
were able to unanimously report out of our committee. The reason I want 
to emphasize ``unanimous'' isn't just to be complimentary to Senator 
Baucus but also to the people of this country who think that everything 
done in this Congress is always so partisan, that Republicans and 
Democrats never get along, that we never talk to each other, that we 
never agree on anything. I can see why they have that impression 
because that is the impression the news media of America gives about 
the Congress of the United States. But as practical matter, nothing 
gets done in the Senate that isn't somewhat bipartisan, and 
particularly there is quite a tradition of bipartisanship in our Senate 
Committee on Finance.
  This recent bill that is before us, the United States-Bahrain Free 
Trade Agreement, is the latest representation of that bipartisan 
cooperation.
  I thank Senator Baucus very much.
  I give strong support to the bill S. 2027; that is, the United 
States-Bahrain Free Trade Agreement Implementation Act.
  This legislation is not only good for our U.S. economy, but it is 
also going to promote free trade, which is an economic issue as it 
creates jobs, but it also promotes democracy, and it promotes economic 
stability.
  In regard to economic stability, the reason I emphasize that is 
because the Middle East is seen as an area of the world that is not 
very stable. I think that enhancing trade with those countries, large 
or small, is going to bring great economic stability which in turn 
ought to bring some political stability.
  On top of all this, it is going to cement our ties with this small 
kingdom of Bahrain. That country is a very strong ally of the United 
States in that region.
  This trade agreement is a clear win for our economy. It will create 
jobs.
  Upon entry into force of this agreement, Bahrain will immediately 
eliminate 100 percent of its duties on imports of U.S. consumer and 
industrial products.
  U.S. farmers will also benefit. On day one of the agreement, Bahrain 
will grant duty-free access on 98 percent of its tariff lines that 
apply to U.S. agricultural as well as food products. Duties with 
respect to that small remaining 2 percent will be phased out over a 
period of 10 years.
  This is solid market access for U.S. farmers and U.S. manufacturers.
  U.S. service providers will also gain from this agreement.
  Bahrain will provide substantial market access across its entire 
service regime. The service provisions of the agreement are based upon 
a ``negative list'' approach, which means that all service sectors are 
covered. In other words, there will be trade in all service sectors 
unless they are specifically excluded as a result of the list.
  Bahrain is already a major center for service providers in the Middle 
East, and the government recognizes that its service sector can become 
even stronger through economic liberalization. Because of this 
agreement, as the region develops, there is going to be very enhanced 
opportunities for U.S. exporters.
  While it is important to note how the United States-Bahrain Free 
Trade Agreement will benefit the economy of the United States in the 
aggregate, it is even more important to point out how it will benefit 
individual U.S. companies and their workers.
  For me, I didn't have to look very far to find Iowa workers and Iowa 
companies that benefit from this agreement.
  For example, the HNI Corporation--it used to be referred to as the 
HON Corporation--the Fortune 500 company in my State, this company in 
Muscatine, IA, looks forward to the implementation of this trade 
agreement. HNI is the second largest manufacturer of office furniture 
in North America. It is specifically targeting the Bahraini market for 
increased sales. So HNI employees in Iowa as well as other States will 
benefit from Senate passage of the agreement.
  Workers at the Lennox residential heating and cooling products 
factory in Marshalltown, IA, also stand to gain from the agreement. 
Lennox has a strong interest in increasing its sales in Bahrain. Like 
HNI, Lennox has a presence in many States, so its employees not only in 
Iowa but throughout the country will benefit from the implementation of 
this agreement.
  Smaller businesses throughout the United States also stand to benefit 
from this trade agreement. One such company is Midamar Corporation 
located in Cedar Rapids. The Midamar Corporation supplies halal food 
and food service equipment to restaurants, hotels, and distributors 
throughout the world. This company was started in 1972 by Cedar Rapids 
native Bill Aossey. When Bill returned to Iowa after serving in the 
Peace Corps and traveling throughout the Middle East, he came up with 
the idea of starting a company dedicated to exporting Iowa products. 
Now, 33 years later, Bill has a lot to show for this hard work. He 
employs 30 Iowans and the Midamar Corporation is very much a clear 
success.

[[Page 27958]]

  I visited the Midamar facility last August and I can report Bill 
Aossey and his employees are very enthusiastic about this prospect of a 
trade agreement with Bahrain being implemented so they can even do more 
business in the Middle East.
  Aside from the immediate benefits to United States exporters to 
Bahrain, this agreement's impact will extend beyond Bahrain. The United 
States is promoting trade liberalization and economic growth in other 
countries in the Middle East and this agreement will serve as the 
template for other trade agreements being negotiated in the region. The 
solid gains for U.S. farmers, workers, manufacturers, and service 
providers found in this agreement may be replicated in other free trade 
agreements of their region.
  This has already happened with the country of Oman. The United States 
recently concluded a free trade agreement with Oman that was based 
largely upon our agreement with Bahrain so the benefits to HNI 
Corporation, Lennox, and Midamar that I have identified will be 
multiplied as other Arab countries adopt free trade agreements with the 
United States that are based largely upon the Bahrain agreement.
  This is all part of a broader goal and that was expressed in May 2000 
by President Bush proposing a plan of graduated steps for Middle 
Eastern nations to increase trade and investment with the United States 
and others in the world economy, culminating with the establishment of 
the Middle East Free Trade Agreement by the year 2013. The importance 
of this vision of President Bush was brought home on July 22, 2004, 
when the report of the 9/11 Commission was released. That report 
contains as one of its key recommendations that ``comprehensive United 
States strategy to counterterrorism should include economic policies 
that encourage development, more open societies and opportunities for 
people who improve the lives of their families and to enhance the 
prospect of their children's future.''
  Our trade agreement with Bahrain is an important achievement in that 
area and joins previously concluded bilateral trade agreements between 
the United States and Israel, Jordan, and Morocco. The agreement with 
Bahrain is an important part of a broader effort to encourage 
development, more open societies, and opportunities for people to 
improve the lives of their families and to enhance prospects for their 
children's future throughout the Middle East.
  Finally, I urge my colleagues to support this bill before the Senate 
implementing the United States-Bahrain Free Trade Agreement.
  Mr. BAUCUS. Mr. President, today we begin debate on the free trade 
agreement between the United States and Bahrain. This is an agreement 
that strengthens our ties with a stalwart ally in a troubled part of 
the world. It is an agreement with a leading reformer in the Middle 
East, and with the most open economy in the Arab world. And it is an 
agreement worthy of our support.
  On the first day of enactment of the U.S.-Bahrain Free Trade 
Agreement, 100 percent of trade in manufactured goods will be duty 
free, opening up markets for U.S. exports of motor vehicles and parts, 
medical equipment, refrigeration equipment, et cetera. Agricultural 
exports are also expected to rise, and I hope Montana beef is among 
them.
  The services chapter is the most robust of any agreement the United 
States has negotiated. Bahrain has promised American companies doing 
business in the kingdom a regime free of barriers, modern in its 
regulation, and respectful of intellectual property rights.
  For Bahrain, this agreement means greater integration into the world 
economy, a better environment for its workers, and a pioneering role in 
the Arab world. For the Middle East as a region, I hope this agreement 
is a firmly planted seed that will grow prosperity, openness, and 
stability.
  A strong agreement such as this one does not automatically happen. It 
takes hard work. It takes perseverance, followthrough. It takes vision. 
Fortunately, the United States and Bahraini officials have these 
qualities in spades. I applaud their hard work. Ambassador Belooshi--
who, I might add, is observing these proceedings close by, very close, 
I might add--of the Kingdom of Bahrain typifies the courageous action 
and progressive thinking the Bahrainis have shown through the FTA 
process, and we should applaud him for it. He has done a super job.
  I also applaud Ambassador Rob Portman and his predecessor, Bob 
Zoellick. Ambassador Zoellick negotiated a strong agreement, and 
Ambassador Portman saw it through. Ambassador Portman listened to 
Senators' interests in monitoring Bahrain's end to its boycott of 
Israel, and together we worked out a solution. He has been equally 
energetic and flexible in working with my colleagues in the House Ways 
and Means Committee to alleviate their concerns, especially on labor.
  I also applaud the very capable and energetic staff of the USTR. They 
are dedicated public servants, putting in long hours and endless effort 
into their work. They do a super job.
  This is the first FTA to come before us since the very contentious 
Central American Free Trade agreement.
  The overwhelming support I expect the Bahrain agreement to secure is 
a testament to what can be achieved when the administration and the 
Congress work together to address concerns.
  The Bahrain FTA shows that when the administration keeps an open 
dialogue with Congress, we can find common ground and achieve our 
common goals. I hope that we can continue to build upon the success of 
this FTA in helping to heal the wounds of previous battles.
  I think we have before us a model for open dialogue, and for 
congressional support for trade liberalization.
  I hope that we can take this model and apply it to much larger 
trading partners and even bolder agreements. Agreements that will open 
bigger markets, realize greater opportunities, and make our industries 
even more competitive.
  Mr. President, I am pleased to support the U.S.-Bahrain free trade 
agreement. I urge my colleagues to pledge their support as well.

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