[Congressional Record (Bound Edition), Volume 151 (2005), Part 22]
[Senate]
[Pages 30919-30920]
[From the U.S. Government Publishing Office, www.gpo.gov]




         DEPARTMENT OF DEFENSE APPROPRIATIONS CONFERENCE REPORT

  Mr. REID. Mr. President, last night we passed the Department of 
Defense Appropriations Conference Report. We all know how important 
that bill is to our country and our troops. Prior to passing that bill, 
we were successful in removing provisions to allow drilling in the 
Arctic National Wildlife Refuge. Those provisions had no place in that 
bill.
  As was noted on the floor last night, there were other provisions 
that did not belong in the conference report. They were not included in 
the House- or Senate-passed bills. They were not at all related to the 
Department of Defense's appropriations. In fact, conferees had been 
assured that these provisions would not be included at all.
  But Republican leaders swept in and declared that they would be 
included, in violation of promises and the rules. And that is not the 
worst part. The provisions themselves bestow on drug companies sweeping 
immunity from the consequences of reckless wrongdoing. It was the 
Republican leadership's big Christmas present to their friends in the 
drug industry.
  This immunity extends to all aspects of the development and 
production of drugs or vaccines so long as they are used to prevent, 
treat, or diagnose what the administration declares an ``epidemic.'' 
Republican leaders have insisted that these provisions are about 
preparing for pandemic flu or bioterrorist attack. They are exploiting 
our fears to go well beyond that.
  What is an ``epidemic''? Secretary Leavitt recently said obesity is 
an ``epidemic.'' Many have said diabetes, heart disease, and 
methamphetamine addiction are epidemics. And it gets worse. The 
provisions also apply to any product that mitigates the side effects of 
a drug used to counteract an epidemic. That could include pain or high 
blood pressure medication.
  Even reckless or grossly negligent drug companies will not be held 
responsible for the injuries they cause. The provisions in the 
conference report only allow for an injured patient to hold a drug 
company responsible if he or she can prove using clear and convincing 
evidence that the company acted with ``willful misconduct.'' This 
burden is virtually impossible to meet.
  This gift to the drug companies comes at the expense of injured 
patients and the success of our future programs to ensure vaccinations. 
The provisions establish a ``compensation fund,'' but provide no money 
for it. Patients who are injured by products covered under this 
legislation will find that because there is no money in the fund, there 
is no compensation.
  Under this administration's watch, the absence of a promise of 
compensation resulted in the failure of the program to vaccinate first 
responders for smallpox. The legislation we passed last night creates 
the same problem and condemns future similar vaccination programs to 
failure. Who can blame people for saying no when we are asking to take 
the risks of what may be an adverse effect if they are not assured that 
we will take care of them?
  Mr. President, the inclusion of these policies in the DOD 
Appropriations bill was not just bad form, it was bad for Americans. I 
strongly opposed their inclusion. And I am strongly committed

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to revisiting this damage in the first days of our return.

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