91 



Mr. BiLlRAKlS. Mr. Chairman, we have held executive sessions in^ 

 a number of cases to maybe get some of that confidential informa- 

 tion which is not available to the general public, but it is made 

 available to the majority and to the minority. 



Mr. Kessler. Congressman, I think we can certainly — I think if 

 we shift into a mode — and I would like to suggest that we shift into 

 a mode whereby we can get all relevant documents directly from 

 the tobacco companies, then there is no issue here. 



Why don't we shift into that mode so that the Agency has access 

 to these documents, any documents 



Mr. BiLlRAKlS. Yes, but that is not — Doctor, that isn't really my 

 question. I don't know that it has anything to do with my request. 



Mr. Kessler. Congressman, it does because when you are in an 

 investigative mode, as you know, and people are not going to give 

 you information directly, and we will move into that mode and we 

 will move into that mode today. We will start asking for documents 

 directly from the tobacco industry so that we don't have to have 

 this and it will be much easier. 



But honestly, you have to understand that when you conduct an 

 investigation the people who have control over information are not 

 sharing that information freely with you, then you rely on certain 

 established investigational techniques, and people end up — who co- 

 operate with an investigation — Congressman, are scared. 



Mr. BILIRAKIS. But, Doctor 



Mr. Waxman. Mr. Bilirakis, your time has expired. 



Mr. Bilirakis. I know that, Mr. Chairman. 



Mr. Greenwood. Will the gentleman yield? 



Mr. Bilirakis. I am not sure. My chairman is telling me that my 

 time has expired. 



Mr. Waxman. Mr. Greenwood, did you 



Mr. Bilirakis. Mr. Chairman, forgive me. I have a number of 

 questions that I wanted to ask the gentleman. 



Mr. Waxman. We will have a second round. 



Mr. Bilirakis. I have been stuck on the first one. 



Mr. Waxman. We will have a second round, if you want to stick 

 around. 



Mr. Bilirakis. I am going to ask unanimous consent that all 

 these questions be given to the gentleman and that he has a period 

 of 2 weeks and if he feels that is not adequate, that he can furnish 

 the answers to those questions to the committee, not just to the 

 chairman, but to the committee. I would like to put these questions 

 into the record orally, and if I can hang around for the second 

 term — for the second round — I will. 



Just in case I don't, I want these put into the record. I ask unan- 

 imous consent, Mr. Chairman. 



Mr. Waxman. I will put it this way: We will ask unanimous con- 

 sent that all members have an opportunity to submit questions in 

 writing to Dr. Kessler and that he respond in writing for the 

 record. 



Mr. Bilirakis. But within what period of time, Mr. Chairman? 

 I don't think this should be open-ended. We are going to be called 

 upon to make decisions on some of these things and we should 

 have all of these answers. 



