S8130 CONGRESSIONAL RECORD — SENATE November 19, 2010 SUBMITTED RESOLUTIONS Whereas influenced multiple S. RES. 688 generations of fans in the Pacific Whereas more than 43,000 people will be di- Northwest; agnosed with pancreatic cancer this year in SENATE RESOLUTION 686—DESIG- Whereas Dave Niehaus called nearly every the United States; NATING DECEMBER 11, 2010, AS game in the history of the Whereas pancreatic cancer is the fourth ‘‘WREATHS ACROSS AMERCA franchise, calling 5,284 of the 5,385 Seattle most common cause of cancer death in the DAY’’ Mariners games played during his illustrious United States and the tenth most commonly career; diagnosed cancer; Ms. COLLINS (for herself and Ms. Whereas Dave Niehaus broadcast the amaz- Whereas 76 percent of pancreatic cancer SNOWE) submitted the following resolu- ing moments of players such as Ken Griffey patients die within the first year of their di- tion; which was referred to the Com- Jr., Edgar Martinez, , Randy agnosis and only 5 percent survive more than mittee on the Judiciary: Johnson, , , Ichiro 5 years, making pancreatic cancer the dead- S. RES. 686 Suzuki, and Felix Hernandez; liest form of any major cancer; Whereas Dave Niehaus provided the play- Whereas the number of new pancreatic Whereas 19 years ago, the Wreaths Across by-play for a game between the Seattle cancer cases is projected to increase by 12 America project began an annual tradition, Mariners and the in Sep- percent this year and by 55 percent by 2030; during the month of December, of donating, tember 1995, the first Major League Baseball Whereas there has been no significant im- transporting, and placing Maine balsam fir game to ever be broadcast over the Internet; provement in survival rates for pancreatic holiday wreaths on the graves of the fallen cancer during the last 30 years; heroes buried at Arlington National Ceme- Whereas Dave Niehaus threw out the cere- Whereas there are no early detection meth- tery; monial first pitch at Safeco Field on July 15, ods and minimal treatment options for pan- Whereas since that tradition began, 1999; creatic cancer; through the hard work and generosity of the Whereas Dave Niehaus voiced such notable Whereas the symptoms of pancreatic can- individuals involved in the Wreaths Across catchphrases as ‘‘My, Oh, My’’, ‘‘Fly Away’’, cer generally present themselves too late for America project, hundreds of thousands of and ‘‘Get out the rye bread and mustard, an optimistic prognosis, and the average sur- wreaths have been sent to national ceme- Grandma, it is grand salami time!’’; vival rate of individuals diagnosed with teries and veterans memorials in every State Whereas Dave Niehaus was given an award metastatic pancreatic cancer is only 3 to 6 and to locations overseas; by the Washington State Society for the months; Whereas in 2009, wreaths were sent to over Blind for the compelling ways he used words Whereas the incidence rate of pancreatic 400 locations across the United States, 100 to illustrate Seattle Mariners games; cancer is 50 percent higher for African-Amer- more locations than the previous year, and Whereas in 2000, Dave Niehaus was the sec- icans than for other ethnic groups; and 24 sites overseas; ond person to be inducted into the Seattle Whereas it would be appropriate to observe Whereas in December 2010, the Patriot Mariners Hall of Fame; November 2010 as Pancreatic Cancer Aware- Guard Riders, a motorcycle and motor vehi- Whereas Dave Niehaus began his career ness Month to educate communities across cle group that is dedicated to patriotic with the Armed Forces Network and contin- the United States about pancreatic cancer events and includes more than 200,000 mem- ued working in broadcasting for nearly half and the need for research funding, early de- bers nationwide, will continue their tradi- a century; tection methods, effective treatments, and tion of escorting a tractor-trailer filled with Whereas Dave Niehaus was the voice of the treatment programs: Now, therefore, be it donated wreaths from Harrington, Maine to Seattle Mariners during the first 14 losing Resolved, That the Senate supports the Arlington National Cemetery; seasons of the franchise as well as the his- toric 2001 season in which the Seattle Mari- goals and ideals of Pancreatic Cancer Aware- Whereas thousands of individuals volun- ness Month. teer each December to escort and lay the ners tied the Major League Baseball record wreaths; with 116 wins; f Whereas December 12, 2009, was previously Whereas baseball commissioner Bud Selig SENATE RESOLUTION 689—RECOG- recently stated that Dave Niehaus ‘‘was one designated by the Senate as ‘‘Wreaths Across NIZING NATIONAL AMERICAN IN- America Day’’; and of the great broadcast voices of our genera- Whereas the Wreaths Across America tion, a true gentleman, and a credit to base- DIAN AND ALASKA NATIVE HER- project will continue its proud legacy on De- ball’’; ITAGE MONTH AND CELE- cember 11, 2010, bringing 15,000 wreaths to Whereas Dave Niehaus, at the time of his BRATING THE HERITAGE AND Arlington National Cemetery on that day: passing, was the only Seattle Mariners staff CULTURE OF AMERICAN INDIANS Now, therefore, be it member remaining from the original staff of AND ALASKA NATIVES AND THE Resolved, That the Senate— 1977; CONTRIBUTIONS OF AMERICAN (1) designates December 11, 2010, as Whereas the soothing voice of Dave INDIANS AND ALASKA NATIVES ‘‘Wreaths Across America Day’’; Niehaus reassured fans during the earth- TO THE UNITED STATES (2) honors the Wreaths Across America quake that shook the King Dome and caused project, the Patriot Guard Riders, and all of tiles to fall from the ceiling of the King Mr. DORGAN (for himself, Mr. the volunteers and donors involved in this Dome in May 1996; and BARRASSO, Mr. UDALL of New Mexico, worthy tradition; and Whereas Safeco Field, which might not Mr. CRAPO, Mr. BAUCUS, Mr. TESTER, (3) recognizes the sacrifices our veterans, have been possible without Dave Niehaus, Mr. FRANKEN, Mr. MERKLEY, Mr. BINGA- members of the Armed Forces, and their was open on Saturday, November 13, 2010 so MAN, Ms. CANTWELL, Mr. AKAKA, Ms. families have made, and continue to make, that fans could come and pay their respects MURKOWSKI, Mrs. MURRAY, Mr. BEGICH, for our great Nation. to Dave Niehaus: Now, therefore, be it Mr. JOHNSON, and Mr. UDALL of Colo- f Resolved, That the Senate— rado) submitted the following resolu- SENATE RESOLUTION 687—HON- (1) commends the long and industrious ca- tion; which was considered and agreed reer of Dave Niehaus as the voice of the Se- to: ORING THE LIFE AND CAREER attle Mariners; S. RES. 689 OF DAVE NIEHAUS (2) recognizes the achievements of Dave Ms. CANTWELL (for herself and Mrs. Niehaus as a preeminent baseball broad- Whereas from November 1, 2010, through MURRAY) submitted the following reso- caster and as a fan and booster of baseball in November 30, 2010, the United States cele- lution; which was referred to the Com- Seattle, Washington; and brates National American Indian and Alaska Native Heritage Month; mittee on the Judiciary: (3) requests the Secretary of the Senate to transmit an enrolled copy of this resolution Whereas American Indians and Alaska Na- S. RES. 687 for appropriate display to Marilyn Niehaus tives are descendants of the original, indige- Whereas Dave Niehaus was the voice of the and to the Seattle Mariners organization. nous inhabitants of what is now the United Seattle Mariners and led the play-by-play States; announcing for the Seattle Mariners from Whereas the United States Bureau of the f 1977, the inaugural season of the franchise, Census estimated in 2009 that there were al- until his passing in 2010 at the age of 75; most 5,000,000 individuals in the United Whereas Dave Niehaus leaves behind a lov- SENATE RESOLUTION 688—SUP- States of American Indian or Alaska Native ing wife, Marilyn, 3 children, Andy, Matt, PORTING THE GOALS AND descent; and Greta, and 6 grandchildren; IDEALS OF PANCREATIC CANCER Whereas American Indians and Alaska Na- Whereas Dave Niehaus is largely consid- AWARENESS MONTH tives maintain vibrant cultures and tradi- ered one of the preeminent broadcasters in tions, and hold a deeply rooted sense of com- baseball history; Mr. CASEY submitted the following munity; Whereas in 2008, Dave Niehaus was awarded Whereas American Indians and Alaska Na- the Ford C. Frick Award, the highest honor resolution; which was referred to the tives have moving stories of tragedy, tri- for baseball broadcasters, by the National Committee on Health, Education, umph, and perseverance that need to be Baseball Hall of Fame; Labor, and Pensions: shared with future generations;

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Whereas American Indians and Alaska Na- SA 4720. Mr. REID (for Mr. BAUCUS (for member of the individual (not for resale) tives speak and preserve indigenous lan- himself and Mr. DORGAN)) proposed an from a registered exporter. guages, which have contributed to the amendment to the bill H.R. 4783, supra. ‘‘(3) RULE OF CONSTRUCTION.—This section English language by being used as names of f shall apply only with respect to a drug that individuals and locations throughout the is imported or offered for import into the United States; TEXT OF AMENDMENTS United States— Whereas Congress has recently reaffirmed SA 4716. Mr. DORGAN submitted an ‘‘(A) by a registered importer; or its support of tribal self-governance and its amendment intended to be proposed by ‘‘(B) from a registered exporter to an indi- commitment to improving the lives of all him to the bill S. 510, to amend the vidual. Native Americans by enhancing health care Federal Food, Drug, and Cosmetic Act ‘‘(4) DEFINITIONS.— services, increasing law enforcement re- ‘‘(A) REGISTERED EXPORTER; REGISTERED IM- sources, and approving settlements of litiga- with respect to the safety of the food PORTER.—For purposes of this section: tion involving Indian tribes and the United supply; which was ordered to lie on the ‘‘(i) The term ‘registered exporter’ means States; table; as follows: an exporter for which a registration under Whereas Congress is committed to improv- At the end, add the following: subsection (b) has been approved and is in ef- ing the housing conditions and socio- TITLE V—IMPORTATION OF fect. economic status of American Indians and PRESCRIPTION DRUGS ‘‘(ii) The term ‘registered importer’ means Alaska Natives; a pharmacy, group of pharmacies, or a Whereas the United States is committed to SEC. 501. SHORT TITLE. This title may be cited as the ‘‘Pharma- wholesaler for which a registration under strengthening the government-to-govern- ceutical Market Access and Drug Safety Act subsection (b) has been approved and is in ef- ment relationship that it has maintained of 2010’’. fect. with the various Indian Tribes; ‘‘(iii) The term ‘registration condition’ Whereas Congress has recognized the con- SEC. 502. FINDINGS. Congress finds that— means a condition that must exist for a reg- tributions of the Iroquois Confederacy, and istration under subsection (b) to be ap- its influence on the Founding Fathers in the (1) Americans unjustly pay up to 5 times more to fill their prescriptions than con- proved. drafting of the Constitution of the United ‘‘(B) QUALIFYING DRUG.—For purposes of States with the concepts of freedom of sumers in other countries; (2) the United States is the largest market this section, the term ‘qualifying drug’ speech, the separation of governmental pow- means a drug for which there is a cor- ers, and the system of checks and balances for pharmaceuticals in the world, yet Amer- ican consumers pay the highest prices for responding U.S. label drug. between the branches of government; ‘‘(C) U.S. LABEL DRUG.—For purposes of Whereas American Indians and Alaska Na- brand pharmaceuticals in the world; (3) a prescription drug is neither safe nor this section, the term ‘U.S. label drug’ tives have served with honor and distinction means a prescription drug that— in the Armed Forces of the United States, effective to an individual who cannot afford it; ‘‘(i) with respect to a qualifying drug, has and continue to serve in the Armed Forces in the same active ingredient or ingredients, greater numbers per capita than any other (4) allowing and structuring the importa- tion of prescription drugs to ensure access to route of administration, dosage form, and group in the United States; strength as the qualifying drug; Whereas the United States has recognized safe and affordable drugs approved by the Food and Drug Administration will provide a ‘‘(ii) with respect to the qualifying drug, is the contribution of the Native American manufactured by or for the person that man- code talkers in World War I and World War level of safety to American consumers that they do not currently enjoy; ufactures the qualifying drug; II, who used indigenous languages as an un- ‘‘(iii) is approved under section 505(c); and breakable military code, saving countless (5) American spend more than $200,000,000,000 on prescription drugs every ‘‘(iv) is not— Americans; and ‘‘(I) a controlled substance, as defined in Whereas the people of the United States year; (6) the Congressional Budget Office has section 102 of the Controlled Substances Act have reason to honor the great achievements (21 U.S.C. 802); and contributions of American Indians and found that the cost of prescription drugs are between 35 to 55 percent less in other highly- ‘‘(II) a biological product, as defined in sec- Alaska Natives and their ancestors: Now, tion 351 of the Public Health Service Act (42 therefore, be it developed countries than in the United States; and U.S.C. 262), including— Resolved, That the Senate— ‘‘(aa) a therapeutic DNA plasmid product; (1) recognizes the month of November 2010 (7) promoting competitive market pricing would both contribute to health care savings ‘‘(bb) a therapeutic synthetic peptide prod- as National American Indian and Alaska Na- uct; tive Heritage Month; and allow greater access to therapy, improv- ing health and saving lives. ‘‘(cc) a monoclonal antibody product for in (2) celebrates the heritage and culture of vivo use; and SEC. 503. REPEAL OF CERTAIN SECTION REGARD- American Indians and Alaska Natives and ‘‘(dd) a therapeutic recombinant DNA-de- honors the contributions of American Indi- ING IMPORTATION OF PRESCRIP- TION DRUGS. rived product; ans and Alaska Natives to the United States; Chapter VIII of the Federal Food, Drug, ‘‘(III) an infused drug, including a peri- and and Cosmetic Act (21 U.S.C. 381 et seq.) is toneal dialysis solution; (3) urges the people of the United States to amended by striking section 804. ‘‘(IV) an injected drug; observe National American Indian and Alas- ‘‘(V) a drug that is inhaled during surgery; ka Native Heritage Month with appropriate SEC. 504. IMPORTATION OF PRESCRIPTION DRUGS; WAIVER OF CERTAIN IM- ‘‘(VI) a drug that is the listed drug referred programs and activities. PORT RESTRICTIONS. to in 2 or more abbreviated new drug applica- f (a) IN GENERAL.—Chapter VIII of the Fed- tions under which the drug is commercially marketed; or AMENDMENTS SUBMITTED AND eral Food, Drug, and Cosmetic Act (21 U.S.C. 381 et seq.), as amended by section 503, is fur- ‘‘(VII) a sterile opthlamic drug intended PROPOSED ther amended by inserting after section 803 for topical use on or in the eye. SA 4716. Mr. DORGAN submitted an the following: ‘‘(D) OTHER DEFINITIONS.—For purposes of amendment intended to be proposed by him ‘‘SEC. 804. COMMERCIAL AND PERSONAL IMPOR- this section: to the bill S. 510, to amend the Federal Food, TATION OF PRESCRIPTION DRUGS. ‘‘(i)(I) The term ‘exporter’ means a person Drug, and Cosmetic Act with respect to the ‘‘(a) IMPORTATION OF PRESCRIPTION that is in the business of exporting a drug to safety of the food supply; which was ordered DRUGS.— individuals in the United States from Canada to lie on the table. ‘‘(1) IN GENERAL.—In the case of qualifying or from a permitted country designated by SA 4717. Mr. REID (for Mr. WYDEN) pro- drugs imported or offered for import into the the Secretary under subclause (II), or that, posed an amendment to the bill S. 3650, to United States from registered exporters or pursuant to submitting a registration under amend chapter 21 of title 5, United States by registered importers— subsection (b), seeks to be in such business. Code, to provide that fathers of certain per- ‘‘(A) the limitation on importation that is ‘‘(II) The Secretary shall designate a per- manently disabled or deceased veterans shall established in section 801(d)(1) is waived; and mitted country under subparagraph (E) be included with mothers of such veterans as ‘‘(B) the standards referred to in section (other than Canada) as a country from which preference eligibles for treatment in the civil 801(a) regarding admission of the drugs are an exporter may export a drug to individuals service. subject to subsection (g) of this section (in- in the United States if the Secretary deter- SA 4718. Mr. REID (for Mr. HATCH) pro- cluding with respect to qualifying drugs to mines that— posed an amendment to the bill H.R. 6198, to which section 801(d)(1) does not apply). ‘‘(aa) the country has statutory or regu- amend title 11 of the United States Code to ‘‘(2) IMPORTERS.—A qualifying drug may latory standards that are equivalent to the make technical corrections; and for related not be imported under paragraph (1) unless— standards in the United States and Canada purposes. ‘‘(A) the drug is imported by a pharmacy, with respect to— SA 4719. Mr. REID (for Mr. BAUCUS) pro- group of pharmacies, or a wholesaler that is ‘‘(AA) the training of pharmacists; posed an amendment to the bill H.R. 4783, a registered importer; or ‘‘(BB) the practice of pharmacy; and may be cited as ‘‘The Claims Resettlement ‘‘(B) the drug is imported by an individual ‘‘(CC) the protection of the privacy of per- Act of 2010’’. for personal use or for the use of a family sonal medical information; and

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