22912 CONGRESSIONAL RECORD—SENATE, Vol. 152, Pt. 18 December 7, 2006 SENATE—Thursday, December 7, 2006

The Senate met at 9:30 a.m. and was to invoke cloture on the nomination of give the American people the freedom called to order by the President pro the FDA Commissioner, Andrew von to invest their money as they choose, tempore (Mr. STEVENS). Eschenbach. Senators can expect to the economy is going to flourish. It is have this vote around 10:30 to 10:45 this going to have more freedom to grow. PRAYER morning, following the 1 hour for de- At the end of the day, I believe good The Chaplain, Dr. Barry C. Black, of- bate. As I mentioned yesterday morn- leaders don’t talk about principles— fered the following prayer: ing, this is a very important position, don’t talk about them—but good lead- Let us pray. and to have this confirmation finally ers lead on principle. They act, and Eternal Lord God, our stronghold in being accomplished will be a great they act with solutions, even if they times of trouble, bless today our Sen- achievement for this Congress. don’t know that the outcome is going ators. Lord, 65 years ago, America ex- Once cloture has been invoked, we to be 100-percent successful every time perienced a day of infamy. As we re- will try to schedule that vote on con- a bill is taken to the floor. member Pearl Harbor, our hearts turn firmation early in the day. There are I think that is one of the things that toward the men and women of our several critical items the Senate must at least I tried to do, is not say let’s Armed Forces and their families. act on before we adjourn sine die, and only take to the floor what will nec- Thank You for their investment in therefore Senators should adjust their essarily pass but what is the right freedom and their sacrifices for our lib- travel plans to be here voting over the thing to do, on principle; what is the erties. Comfort those who mourn and coming days. right thing for us to be considering. those who bear the scars of battle. Be a I will be working with colleagues on During my tenure in public office, it companion to those who must stare at both sides of the aisle to wrap up our is what I tried to do, to lead on prin- an empty chair during this holiday sea- business for the Congress, and I appre- ciple and act with solutions. It does son. Defend those in harm’s way with ciate Senators’ willingness to work to- come from that surgical approach of Your heavenly grace, and give them gether on a number of legislative and fixing things, of operating, of action. courage to face perils with trust in executive matters. For example . . . for 10 years, we You. Give them a sense of Your abiding RECOGNITION OF THE MINORITY LEADER grappled with the issue of Internet presence, wherever they may be. The PRESIDENT pro tempore. The gambling. We watched the industry We pray in Your sovereign Name. mushroom from a $30 million industry Amen. minority leader is recognized. MOVING THE LEGISLATIVE AGENDA in 1996 to a $12 billion industry today. f Mr. REID. Mr. President, Andrew von We watched an addiction undermine PLEDGE OF ALLEGIANCE Eschenbach is cleared on this side, so families, dash dreams, and fray the fab- The PRESIDENT pro tempore led the as far as we are concerned there is no ric of a moral society. So we acted with a solution . . . by Pledge of Allegiance, as follows: need for a cloture vote. We look for- passing the Internet Gambling Prohibi- I pledge allegiance to the Flag of the ward to working with the distinguished United States of America, and to the Repub- majority leader today, maybe tomor- tion and Enforcement Act to provide lic for which it stands, one nation under God, row, maybe Saturday, to try to get as new enforcement tools to prosecute il- indivisible, with liberty and justice for all. much cooperation out of Senators as legal Internet gambling. Let me give you a few more recent f possible. I know the finance folks have examples of how we have led on prin- RESERVATION OF LEADER TIME worked long and hard to try to come up with something that is very impor- ciple, and acted with solutions. We passed the Adam Walsh Child The PRESIDENT pro tempore. Under tant for the country. We will continue the previous order, the leadership time Protection and Safety Act . . . which to monitor that and do everything we is reserved. creates a national sex offender reg- can as we try to move this legislative istry, strengthens measures to prevent f agenda forward. child pornography, and reinforces laws EXECUTIVE SESSION PROTECTING AMERICAN VALUES against child porn. Mr. FRIST. Mr. President, I will be We passed the Trafficking Victims very brief. I want to speak on another NOMINATION OF ANDREW VON Protection Reauthorization Act, which matter. I know we want to get to the renewed the first federal law to ESCHENBACH TO BE COMMIS- hour of pre-vote time here shortly. SIONER OF FOOD AND DRUGS, strengthen prosecution efforts against Hopefully, tomorrow will officially human traffickers. DEPARTMENT OF HEALTH AND end the 109th Congress. At the end of HUMAN SERVICES We passed legislation securing the the day tomorrow, if we do our work right to prayer in U.S. military acad- The PRESIDENT pro tempore. Under today successfully, and tonight, the emies. the previous order, the Senate will pro- Senate will be able to adjourn. That We passed legislation protecting the ceed to executive session to consider will also mark, once we adjourn, this Mount Soledad Memorial Cross. the nomination of Andrew von official change in leadership and We passed the Broadcast Decency En- Eschenbach, of Texas, which the clerk change in the Senate agenda. I know forcement Act, which allows for the 10- will report. many of my colleagues and many of my fold increase of FCC fines for indecency The legislative clerk read the nomi- conservative allies view this change violations. nation of Andrew von Eschenbach to be with a bit of trepidation, but change is We passed Cord blood legislation that Commissioner of Food and Drugs, De- good, change is constructive. It can be harnesses the power of stem cells in partment of Health and Human Serv- difficult, it can be painful, and it can cord blood to develop new cures for ices. be messy, but change forces us all to life-threatening diseases. RECOGNITION OF THE MAJORITY LEADER reexamine who we are, where we are, We passed the Fetus Farming Prohi- The PRESIDENT pro tempore. The and where we want to go; what we bition Act, which prohibits the gesta- majority leader is recognized. know, what we believe. tion of fetal tissue in order to use it for SCHEDULE I believe it is our responsibility to research. Mr. FRIST. Mr. President, this morn- protect traditional, commonsense We passed the Stem Cell Research Al- ing the Senate will vote on the motion American values. I believe when we ternatives bill, which provides federal

● This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor.

VerDate Nov 24 2008 09:34 Jan 27, 2010 Jkt 049102 PO 00000 Frm 00001 Fmt 0686 Sfmt 0634 E:\BR06\S07DE6.000 S07DE6 cprice-sewell on DSK2BSOYB1PROD with BOUND RECORD December 7, 2006 CONGRESSIONAL RECORD—SENATE, Vol. 152, Pt. 18 22913 funding for a variety of stem cell re- brought that perspective, and the com- partner in these efforts. Dr. von search that do not involve destroying passion that goes with it, to his Gov- Eschenbach has received significant human embryos. ernment service. He gave up a job he support from the HELP Committee. And perhaps most notably . . . we loved, a challenging but rewarding post This man could serve patients in many confirmed John Roberts Chief Justice directing the National Cancer Insti- different ways, and has offered to serve of the Supreme Court . . . and Samuel tute, to offer his service for what I be- them by running this critically impor- Alito as an associate Justice of the Su- lieve is a much more challenging and tant agency. I am talking about a doc- preme Court. definitely thankless job of leading the tor with cancer expertise, management We confirmed 18 Circuit court nomi- FDA. expertise, and vision, who has agreed nees and 87 District court judges, in- The FDA has been without a con- to run this agency at what we pay be- cluding six previously obstructed nomi- firmed Commissioner for all but 18 cause he wants to give back to his nees. America needs judges who are months of the last 51⁄2 years. Have you country. fair, independent, unbiased, and com- ever seen a business that can run for I urge my colleagues who are not on mitted to equal justice under the law 51⁄2 years without a boss except for 18 our committee to give Dr. von . . . and we made sure that’s what months? And that was a tenuous 18 Eschenbach a chance to effectively run America got. months. I believe we can all agree that the FDA with full statutory authority, Over the past 12 years, what Repub- we need a strong leader at the FDA so I urge my colleagues to accept the licans have done has changed our econ- now, and one who has a mandate to President’s nominee, Dr. Andrew von omy, our country, and our way of life act. He needs full authority to bring Eschenbach, and vote to confirm him for the better. back the morale of the Department and as the next Commissioner of Food and Our record of success, combined with get the job done. We must be forward Drugs. Voting yes on this cloture vote the lessons of November’s election, en- looking. There are many items before will be the first step voting on a per- sures that our party will rededicate the FDA that require the immediate manent head to oversee our Nation’s itself to serving the interests of Amer- attention of an FDA Commissioner food and drug system. ica, both here at home and around the vested with full authority. But that au- I reserve the remainder of my time. world. thority flows directly from the act of The PRESIDENT pro tempore. The That vision—optimistic, forward- Senate confirmation. Without a Sen- Senator from Iowa. looking, hopeful—will be grounded in ate-confirmed leader, we can’t expect Mr. GRASSLEY. Mr. President, my the fundamentals of commonsense con- the FDA to be as effective as we need opposition to the cloture motion is as servative values best found on Main it to be. I urge my colleagues to con- much about whether we are going to be Street and in families with whom we sider this. able to fulfill our constitutional re- have the privilege of interacting all I know some of my colleagues on and sponsibilities of oversight of the ad- across the country. off the committee are not completely ministrative branch of Government as The PRESIDENT pro tempore. Under satisfied with their interactions with it is about the particular qualifications the previous order, there will be 60 the FDA during Dr. von Eschenbach’s of the nominee. I intend to vote minutes for debate prior to the cloture tenure. Some would urge that the Food against cloture and I hope that Demo- vote, with time divided as follows: the and Drug Administration move quickly crats who are listening—particularly Senator from Wyoming, Mr. ENZI, or on certain matters before it. However, those Democrats in the last election his designee, 30 minutes; the Senator I am not sure that holding up a nomi- who were bellyaching because there from Iowa, Mr. GRASSLEY, 20 minutes; nation over single products or single wasn’t any oversight on the part of Re- the Senator from Louisiana, Mr. issues is the right way to achieve fast- publicans toward the executive branch VITTER, 10 minutes. er action and to ensure that agency of Government—would pay attention Who yields time? The Senator from processes are free from the pressure of to the fact that this nominee has some- Wyoming is recognized. politics. In fact, I strongly believe the thing to do with and is an illustration Mr. ENZI. Mr. President, I rise to dis- opposite would occur. I think this is a of the lack of cooperation on the part cuss the pending nomination of Dr. An- position that has more Catch-22s than of the executive branch, failure to co- drew von Eschenbach to be the Com- any other position in Government. operate with Congress on the issue of missioner of Food and Drugs. The FDA I do respect the right of my col- congressional oversight. has a very broad and critical mission in leagues to disagree with the Presi- I have serious concerns about what protecting our public health. The Com- dent’s choice for this position or the this cloture vote means, then, to con- missioner of Food and Drugs is in policies a President’s nominee might gressional oversight of the executive charge of an agency that regulates $1 pursue. If our disagreements with the branch now and in the future, and what trillion worth of products a year. The President’s choice are so strong, we it means for Members such as me, who FDA ensures the safety and effective- ought to vote against the nominee. placed a hold on this nominee. This ness of all drugs, biological products But, in light of the trillion dollars was not a secret hold. I made this hold such as vaccines, medical devices, and worth of drugs and products overseen public. animal drugs and feed. Let me repeat by the FDA and hundreds of drug ap- I am voting against cloture and ask that: the safety and effectiveness of all provals reviewed every year, I think we my colleagues to join me because I be- drugs, biological products such as vac- would be setting a dangerous precedent lieve we need to send a message to the cines, medical devices, animal drugs if any of us hold up the President’s executive branch that it is not OK to and feed. It also oversees the safety of choice for FDA Commissioner over de- impede congressional investigations. It a vast variety of food products, as well cisions made involving one product or is not OK to limit the Senate’s access as medical and consumer products in- one issue or something extraneous, to documents, information, and em- cluding cosmetics. even, to the Food and Drug Adminis- ployees of the executive branch. In his As Commissioner of Food and Drugs, tration. It would be an especially dan- book on congressional government, Dr. von Eschenbach would be respon- gerous precedent at this point. Woodrow Wilson, before he was Presi- sible for advancing the public health by We have a lot on our plate with re- dent, when he was a professor at helping to speed innovations in its mis- spect to the FDA during the 110th Con- Princeton, wrote, in 1885: ‘‘Quite as im- sion areas, and by helping the public gress. We have to reauthorize both the portant as lawmaking is vigilant over- get accurate, science-based informa- drug and device user fee programs, ad- sight of the administration.’’ tion on medicines and food. Dr. von dress two expiring pediatric programs, Our work as lawmakers does not end Eschenbach has a strong record. He is and improve our drug safety system. with the passage of a bill. This body an accomplished scientist, a proven The FDA needs a leader with the has a responsibility to the American manager, and a man with a vision. He backing and mandate that Senate con- people to make sure that laws work is also a cancer survivor, and he has firmation provides in order to be our and that they are being implemented

VerDate Nov 24 2008 09:34 Jan 27, 2010 Jkt 049102 PO 00000 Frm 00002 Fmt 0686 Sfmt 0634 E:\BR06\S07DE6.000 S07DE6 cprice-sewell on DSK2BSOYB1PROD with BOUND RECORD 22914 CONGRESSIONAL RECORD—SENATE, Vol. 152, Pt. 18 December 7, 2006 effectively, efficiently, and economi- sential and appropriate auxiliary to the leg- to provide a privilege log. Even in the cally. Congressional oversight serves islative function. FDA, general counsel, as recently as very important goals, and we should To do oversight, Congress needs ac- Tuesday of this week, could not see not lose sight. They include reviewing cess to information and people in the why the agency needed to comply with actions taken and regulations adopted executive branch. And that is what I the law and the terms of the subpoena by executive agencies to make sure did not, and still may not, be getting which was issued by the committee. that the agencies are executing law ac- from the FDA under the leadership of In denying the committee access to cording to the intent of Congress, and, Dr. Von Eschenbach—as an example, 47 the documents responsive to the sub- second, ensuring that the Federal Gov- pages removed; another example, 43 poena, which the department and the ernment is not wasting taxpayers’ dol- pages removed. FDA administration have claimed lars. Oversight work allows us to How are you going to conduct over- ‘‘prosecutorial deliberative process’’ or evaluate the ability of agencies and sight when you get answers such as ‘‘confidential communications’’ or managers to carry out program objec- that from the Food and Drug Adminis- ‘‘agency prerogatives’’ to determine tives and improve the efficiency, effec- tration? who will be interviewed and testify be- tiveness, and economy of Government I take exception to the statement fore a jurisdictional committee, when programs; next, ensuring that execu- made in support of the cloture motion. those on the other side of the aisle get tive policies reflect the public interest People ought to be ashamed of saying answers such as that when you are and that public interest is expressed in Dr. Andrew von Eschenbach has done a going to be in the majority, what are the laws of Congress; and, lastly, pro- superb job in the position he is cur- you going to do about it? Are you going tecting the rights and liberties of the rently occupying with an answer such to keep your commitment to the Amer- American people. as that to the Congress of the United ican people when you won the major- Woodrow Wilson also said in his book States. That is an insult. Before you ity? And are you going to be able to do that: cast your vote in favor of cloture, con- the oversight when you get rationales It is the proper duty of a representative sider what is at stake—and particu- such as ‘‘prosecutorial deliberative body to look diligently into every affair of larly Members on the other side of the process’’ or ‘‘confidential communica- Government and to talk much about what it aisle who, during the campaign, in sees. It is meant to be the eyes, the voice and tions’’ or ‘‘agency prerogatives?’’ embody the wisdom and the will of its con- campaign commercial after campaign I could not talk to a line agent stituents. commercial after campaign commer- named West because you can’t talk to In America, with our Government, cial, said Congress is not doing its job line agents, when 3 months before I the public’s business ought to be pub- of oversight, implying that Repub- talked to line agents? There was some- lic. But when you have coverups and licans were covering up wrongdoing by one from the Justice Department be- the lack of information going to Con- the administration. If you want to pre- fore the Judiciary Committee, when gress, as demonstrated by this request serve your access to information and Senator KENNEDY said, ‘‘I want access for documents, and when we get a doc- do the oversight that you think you to line agents,’’ unrelated to what I am ument back with practically 57 pages are going to do, when you are in the talking about: Line Agent West, whom removed, what is in those 57 pages that majority and you get answers such as I wanted to talk to and I was told I we ought to have access to? That is that, do you think you are going to be couldn’t talk to because you can’t talk just one example of lack of information able to do the job of oversight? to line agents, the official at the Jus- and the lack of cooperation from this In my interactions with the Depart- tice Department said to Senator KEN- agency. ment of Health and Human Services NEDY: Throughout history, Congress has en- and the FDA these last 8 months, I have seen a complete and utter dis- You can talk to line agents. We will get gaged in oversight of the executive them for you. branch. The right to congressional respect for congressional authority and I do not know whether that ever hap- oversight has been asserted from the hence the law. The department and the pened. But that was the answer. earliest days of our Republic. In 1792, Food and Drug Administration have re- When I went around doing my ques- the House invoked its authority to con- peatedly failed to act in good faith in tioning of Justice Department offi- duct oversight when it appointed a responding to congressional investiga- cials, I said: What about my ability to committee to investigate the defeat of tions—and the lack of 43 pages is just talk to Line Agent West? It just General St. Clair and his Army by Indi- one example. seemed as if I was going to be able to ans in the Northwest and empowered Although the Director’s leadership at talk to Line Agent West. But yet this the ‘‘call for such persons, papers, and the FDA has failed to fully comply very day the Justice Department is ad- records as may be necessary’’ for that with two congressional subpoenas that vising the Secretary of the Interior inquiry. were issued 7 months ago, efforts to ac- In fact, the Constitution grants Con- commodate the agency’s concerns fall that we can’t talk to Line Agent West, gress extensive authority to oversee on deaf ears, and I wonder if I am deal- which is key to whether some of these and investigate executive branch ac- ing with dysfunction by design. Not investigations are allowing dangerous tivities. only has the NEDA withheld docu- drugs on the market. In Cedar Rapids, Congressional oversight was also rec- ments that do not appear to be privi- IA, I have a family that lost an 18-year- ognized explicitly in the passage of the leged, but it also says what has been old because of a drug that was on the Legislative Reorganization Act of 1946, withheld and why. The subpoenas com- market then and which is not on the which required the standing commit- pel a privilege log, but the FDA has not market now. tees of Congress to exercise continuous provided us with that privilege log. It seems to me that if you are con- watchfulness over programs of agencies For Democrats in the majority next cerned about the safety of drugs, this in their jurisdiction. Numerous Su- year doing the oversight that they said information is important, and if you preme Court decisions will support all they were going to do because Repub- are going to have it covered up in the the precedents for Congress to see all licans weren’t doing it—they didn’t let FDA, you aren’t protecting the public. aspects of the Federal Government. me—let me ask you this: Are you going If Congress knows about it, you are not In 1927, in McGrain v. Daugherty, the to be able to conduct oversight when doing your job of oversight. Supreme Court upheld congressional you get answers such as that? Are you This past summer I asked the Con- authority to conduct oversight of the going to be able to conduct oversight gressional Research Service to look Teapot Dome scandal. Justice Van when, for 7 months, you don’t get your into the department’s policies regard- Devanter writing for the unanimous subpoenas responded to? What is the ing this matter. And the Congressional Court stated: agency’s explanation? The FDA has Research Service told me that there is We are of the opinion that the power of in- said that many documents have been ‘‘no legal basis’’ for the department’s quiry with the process to enforce it is an es- withheld, that it is unduly burdensome executive branch assertion. The legal

VerDate Nov 24 2008 09:34 Jan 27, 2010 Jkt 049102 PO 00000 Frm 00003 Fmt 0686 Sfmt 0634 E:\BR06\S07DE6.000 S07DE6 cprice-sewell on DSK2BSOYB1PROD with BOUND RECORD December 7, 2006 CONGRESSIONAL RECORD—SENATE, Vol. 152, Pt. 18 22915 analysis provided by Congressional Re- partment. So what he has to do is rely might not get the impression that they search Service supports the commit- on the Department of Justice, as the really understand what a patient is tee’s position that these executive Senator mentioned. The Department of going through. Not Dr. Andy von agencies’ claims have been consist- Justice tells him what he is supposed Eschenbach. He has been through the ently rejected and compliance with to do. I don’t think he has authority to hard time of being told he has this congressional requests in the past has go beyond what the Department of Jus- dreaded disease and fighting it with all been forthcoming. The CRS cites nu- tice says. his might. He does relate to patients’ merous court cases which establish and The Senator is one of the most dili- struggles. support Congress’s power to engage in gent Members to hold oversight hear- During his 25 years at the University oversight and investigate activities ings of anybody that I know. I appre- of Texas M.D. Anderson Medical Cen- and its access to executive branch per- ciate the depth that you go to for indi- ter, he led a faculty of 1,000 cancer re- sonnel and documents in carrying out viduals as well as groups. I know it is searchers and clinicians. He was the our powers of oversight. what you are doing on this one. Unless chief academic officer at this great The Department of Health and we give him full authority, he has to cancer institution. He was also the Human Services, the FDA within rely on the Justice Department. The founding director of M.D. Anderson’s Health and Human Services, says it has way one has to take on the Department Prostate Cancer Research Program. In been responsive because the agency of Justice is through the Judiciary this position, he developed integrated made available hundreds of thou- Committee and bring them to task for programs to study, treat, and prevent sands—even millions—of pages of docu- giving him that kind of advice. I think prostate cancer. Before arriving at ments to the Finance Committee in re- he is just following the advice he has M.D. Anderson, he served his country sponse to its subpoena. But the agency gotten from those he has to rely on as lieutenant commander in the U.S. can give me all of the books and all the until he has authority. I think it will Navy Medical Corps from 1968 to 1971. documents housed at the Library of be different when he has full authority. In 1976, he joined M.D. Anderson as a Congress and it won’t matter if it is I yield 2 minutes to the Senator from urologic oncology fellow. He became not what I have asked for and the Alaska. part of the faculty and was named pages are removed. The PRESIDING OFFICER. The Sen- chairman of the Department of Urol- It is this type of cooperation that I ator from Alaska. ogy in 1983. am getting under this Director that Mr. STEVENS. Madam President, When he left M.D. Anderson in 2002, you are now going to confirm. I am during my time of almost 7 years as he became Director of the National very concerned about the cooperation, chairman of the Appropriations Com- Cancer Institute. At the time, he was if any, that we have once he becomes a mittee, I have met with Dr. Von president-elect of the American Cancer permanent commissioner. Every Mem- Eschenbach quite often. We had many Society which, of course, is one of the ber of Congress should be equally con- requests for documents. I can’t remem- leading organizations in our country cerned if they take their constitutional ber once that he refused. But beyond that fights for victims of cancer. duty of conducting oversight of the ex- that, I came to the floor today to say He has, also, been published in more ecutive branch seriously, and most im- that I have gotten to know Dr. Von than 200 publications. This year, Time portantly to the new majority when Eschenbach personally, and I can’t Magazine named Andy von Eschenbach you are going to carry out your cam- think of a more qualified man at this as one of the 100 people who shape our paign promises to make sure that there time to be confirmed to this position. I world. is proper oversight, checks and bal- hope the Senate will vote cloture and The FDA is fortunate to have Dr. von ances against an executive branch of we will confirm Dr. Andrew von Eschenbach. It is one of the Nation’s Government you think is exceeding au- Eschenbach as requested by the Presi- oldest and most respected consumer thority. Every Member should be con- dent. I thank the Chair. protection agencies. It regulates $1 cerned. I cannot emphasis this enough. Mr. ENZI. Madam President, I yield trillion worth of products available to A vote for cloture today is a vote 10 minutes to the Senator from Texas. American consumers, and it makes against oversight, and that is not what The PRESIDING OFFICER. The Sen- sure the products are safe and effec- this Senate should be doing. It is not ator from Texas. tive. what the American people sent us here Mrs. HUTCHISON. Madam President, Dr. Von Eschenbach is the right per- to do. We need to step up congressional I thank Senator ENZI for giving me this son to lead the FDA’s mission. I com- oversight to protect our Nation’s sys- time. I am pleased to rise to support pletely trust him. I cannot think of a tem of checks and balances and not re- Dr. Andrew von Eschenbach’s nomina- more qualified candidate. I hope we ward those who seek to impede our tion for Commissioner of the Food and will put politics aside in this very im- constitutional authority. Drug Administration. I am speaking portant nomination and we will con- This body should not walk hand in about a person whom I know. I know firm this very qualified individual. He hand with the executive branch and sit him as a person. I know him as a is balanced. He has good judgment. He idly by as instances of abuse and fraud human being. I can say, with full con- will continue to be a cancer advocate continue to endanger the health and fidence, there is no one more qualified as well as a patient advocate. safety of American people. This Senate and more well suited to lead this very He knows, also, from the FDA stand- needs to make it clear to the executive important agency. point, of the issues involved with the branch that Congress takes its over- I was very pleased the committee drug approval process—that products sight responsibilities seriously and to overwhelmingly, unanimously, sup- face extensive testing and studies com- vote against cloture. If we do have clo- ported his nomination. Not only is Dr. pared to other countries. I have talked ture, I will have other remarks during Von Eschenbach a wonderful friend of to him about this. Of course, their first postcloture debate. mine, but he is so qualified for this po- and foremost responsibility is safety. The PRESIDING OFFICER (Ms. MUR- sition. His experience and integrity That is why they have this arduous and KOWSKI). The Senator from Wyoming. make him the right choice to lead the comprehensive process of approving Mr. ENZI. Madam President, I want FDA. drugs. to briefly comment. He is a nationally recognized uro- On the other hand, he also knows you I understand the frustration. I have logic surgeon, medical educator, and need to make drugs available for pa- been working with him trying to get cancer advocate. He is a three-time tients who otherwise may not survive. documents, trying to get the interview cancer survivor. There is no one who He realizes these concerns from every with Mr. West. I want you to put your- can understand what it is like to go angle. He knows it from the research self in Dr. Von Eschenbach’s position. through a fight against cancer than angle, from the academic angle, from He has not been confirmed. He does not someone who has done it. So many doc- the Government angle, and from the have the full authority to run that de- tors haven’t had that experience, one patient advocate angle.

VerDate Nov 24 2008 09:34 Jan 27, 2010 Jkt 049102 PO 00000 Frm 00004 Fmt 0686 Sfmt 0634 E:\BR06\S07DE6.000 S07DE6 cprice-sewell on DSK2BSOYB1PROD with BOUND RECORD 22916 CONGRESSIONAL RECORD—SENATE, Vol. 152, Pt. 18 December 7, 2006 It would be a tragedy if we did not pose, for being very direct about that, no change would be made with the con- give him the full authority and the full although I am not sure he fully under- firmation of this nominee. congressional confirmation he de- stood my serious interest in reimporta- Again, this is an issue of utmost im- serves. He deserves it because he left tion. It is for this reason I will vote portance to every American family the private sector at a world renowned against cloture. If cloture is invoked, I and, of course, it particularly impacts cancer research institution to serve his will vote against the nomination. seniors. I talk to affected families and country and the responsibility it takes The FDA is completely capable of affected seniors in Louisiana about this in a high public policy position. setting up a reimportation system, one all the time. They tell me, at a time Sometimes I wonder how we attract that is safe and effective. The FDA can when pharmaceutical companies are such qualified academics and people do this. It is not a matter of technical making record profits, the costs of pre- who are not experienced in this arena. ability. We have great technical and scription drugs are still skyrocketing They are not used to the compromise other resources in this country. It is a and the very same medicines usually of politics. They have been researchers matter of political will. At any time, manufactured by the very same compa- and in academia all their lives. They the FDA could act and set up this safe nies are sold at a fraction of the costs come into public service and all of a and reasonable system. a few miles north of the border in Can- sudden they are hit with the public ex- My hold on this nomination, as I ada or in other countries around the posure and scrutiny. Sometimes they said, was very public, upfront, and world. Louisianians see that and they are unfairly characterized in a way clear. I made it clear I would lift it, are very skeptical. They should be. I they never dreamed. contingent on a very simple request to share that attitude. I share that skep- Yet we have someone of the caliber of implement some sort of prescription ticism. Andy von Eschenbach willing to take drug reimportation plan—perhaps be- Opposing the right of an American to all of that to do something better for ginning with personal reimportation buy prescription drugs, FDA-approved our country and for cancer patients in from Canada, including Internet and medication they intend to use for the country and in the world. We owe mail order sales. The FDA could do themselves, is a wrong policy. We pay him the ability to have this position this. It is fully capable of doing this. It the highest prices in the world for pre- without any further delay, with the has the know-how to do this. It simply scription drugs in America. Our prices complete imprimatur of the Senate as will not because of lack of political subsidize not only rockbottom prices in well as the President of the United will. almost every other country but also States. He deserves it. The need for this is very obvious to sky-high and escalating profits of the I hope our colleagues will look at me. Every time I talk to consumers in pharmaceutical companies. That is not this, not from a political prism but Louisiana, particularly seniors, it be- fair. That should not be allowed to con- from the standpoint of a qualified indi- comes more and more obvious. As obvi- tinue. That is why we need to pass this vidual who is trying to help medical re- ous and as important is the growing important policy of reimportation. search and safety in this country go support for this—not just out in the Many of my colleagues have spoken forward, who is a patient advocate, country where that support has always about this significant issue in the Sen- first and foremost. been strong but in the Congress, in the ate. I thank Senator ENZI and Senator Senate, in the House. In September, my colleague from KENNEDY for working together to bring The House passed comprehensive Michigan spoke of her bus trips with this nomination to the Senate. We drug reimportation language in 2003. It her constituents to Canada where they should have a bipartisan vote in con- passed it by an overwhelming majority. were able to buy safe, FDA-approved firming Dr. Andrew von Eschenbach. More recently, the Senate passed my drugs at a fraction of the U.S. cost: I yield the floor. amendment coauthored by Senator Lipitor, a very important cholesterol- The PRESIDING OFFICER. The Sen- BILL NELSON of Florida by a vote of 68 lowering drug, for 40 percent less; ator from Louisiana. to 32. That was this past July. That Prevacid, an ulcer medication, for 50 Mr. VITTER. Madam President, I rise was a significant breakthrough because percent less; antidepression medica- today to speak against the cloture mo- it was the first time we had a meaning- tions such as Zyprexa for 70 percent tion to confirm Dr. Andrew von ful, straight up-or-down vote on a re- less. Eschenbach as Commissioner of the importation issue in the Senate. Again, In June, my colleague from North FDA. I have had a public hold on this the vote was clear. It was over- Dakota spoke eloquently about the nomination and have been very upfront whelming. That important amendment need to allow the reimportation of safe about it. Because my serious concerns passed 68 to 32. drugs as a way to pressure U.S. phar- have not been addressed in any signifi- All this shows that the majority of maceutical companies to lower prices cant way, I will vote against cloture. If Americans strongly support allowing here. That is the key, not just offering cloture is invoked, I will vote against all Americans to purchase safe, cheaper this option of cheaper drugs from an- the nomination. prescription drugs from Canada and other source but breaking up the In doing so, I want to be clear I have elsewhere. Yet the administration ab- present system that allows companies nothing against Dr. Von Eschenbach’s solutely refuses to budge. Not only to charge dramatically different prices technical credentials or professional does the administration refuse to for the same drug around the world. experience. They are very impressive budge, it even went so far as to quietly And, of course, the highest prices in in many ways. I strongly object to this implement a new policy last year at the world by far are right here in the nomination because the FDA and Dr. U.S. Customs and Border Protection to United States. That system will not be Von Eschenbach, acting on orders from go after individual American citizens able to withstand reimportation. That the administration, has had a complete crossing back into the United States system will fall with reimportation. and utter lack of action creating a rea- from other countries—mostly Canada— So that is why I continue this fight. sonable, safe system for reimportation with medicine, actually seizing their That is why it is so important. Al- of prescription drugs from Canada and packages containing legal medication though certainly this nominee may elsewhere. at those border checkpoints. That is a very well be confirmed by the Senate Clearly, this nomination making him very high-handed policy, when these today, I am very optimistic that, as we the permanent head of the FDA will citizens are doing nothing but trying make progress on this issue, we march only further delay that reasonable im- to get absolutely necessary prescrip- to a very certain victory, probably plementation of a good, safe reimporta- tion drugs at a reasonable cost. next year, on the issue. tion policy. In fact, at my extensive Coupled with the FDA and the ad- Again, we have been making steady meeting with Dr. Von Eschenbach, my ministration’s stubborn reluctance to progress. My amendment this past discussion with him made that per- implement even the most modern pro- summer—the first vote on the floor of fectly clear. I give him credit, I sup- gram, this has led me to conclude that the Senate—was a breakthrough vote

VerDate Nov 24 2008 09:34 Jan 27, 2010 Jkt 049102 PO 00000 Frm 00005 Fmt 0686 Sfmt 0634 E:\BR06\S07DE6.000 S07DE6 cprice-sewell on DSK2BSOYB1PROD with BOUND RECORD December 7, 2006 CONGRESSIONAL RECORD—SENATE, Vol. 152, Pt. 18 22917 that showed overwhelming support law, those the Department of Justice Now, they have not yet killed any- here on the floor of the Senate for re- has not contested, have been resolved. body that I know of. They are not so importation. Previous House votes, Mr. VITTER. Will the Senator yield unsafe that they have, in fact, poisoned similarly, showed not just majority very briefly? anybody. Overwhelmingly, the history support, overwhelming support for this Mr. ENZI. Yes. has been that the dosage in the drugs is change in policy. Just recently, I again Mr. VITTER. Just very briefly, first simply not the same as advertised in joined with Senator BILL NELSON of of all, I appreciate your kind com- the drugs manufactured in the United Florida to put up another important ments. Very briefly, my comments re- States. They have traces of whatever amendment to the Agriculture appro- garding his and FDA’s ability to move the drug might be in the fraudulent priations bill that would go a step fur- forward on this is based on current law, packages, but the dose control is not ther. We will continue to pursue that. including the Medicare Modernization the same, and it is dangerous to the in- Then, next year, I fully expect a full- Act, which says that if they institute a dividual taking the drug if he or she as- blown reimportation plan to be here on safety regime and certify the safety of sumes they are getting a certain dos- the floor of the Senate for a full debate these drugs, they can, in fact, move age and, in fact, they are getting less. and a fair vote. forward with the reimportation regime. That has been the challenge. That So as I oppose cloture, as I oppose So under present law, that is possible, has been the problem. And until the this nomination, I do so in that spirit and that is what I was referring to. But Secretary of HHS, be it Donna Shalala and with real optimism that we are not I respect the Senator’s point of view. or Michael Leavitt, can come forward Mr. ENZI. I appreciate that com- only making progress, but we will, in and certify that all of these are, in ment. If you were a person who was in fact, win on this issue in the near fu- fact, as advertised, it is the law that a catch-22 position, a very qualified ture. Next year, I expect my bill to be they cannot be brought into the United doctor, and you really wanted to do a fully debated. In this Congress, that States. I think that is an appropriate good job with FDA and you knew that bill is S. 109, the Pharmaceutical Mar- law protecting people in the United half the people or a third of the people ket Access Act. I believe it will reach States. or even 10 percent of the people did not the floor and will get a full debate with I agree with the Senator from Wyo- want drug importation and you were ming that it really is not appropriate other significant bills on the issue next the guy in charge of maybe making to hold up Dr. Von Eschenbach’s con- year. this determination for the first time— I look forward to that continued firmation on this issue because it has even though 6 or 8 years previously progress. I look forward to that ulti- to be decided by the scientists and Congress had opposite opinions on it— those who are doing the sampling of mate victory because Americans, par- I do not think you would want to put the shipments rather than the head of ticularly seniors, all across our coun- yourself in that position. try, including in Louisiana, need this He has just had a number of catch-22 the FDA. very important relief. We can give positions where he can irritate half or I have gotten to know Dr. Von them this relief in a safe, reliable way more of us by making a decision, and Eschenbach as the chairman of the Ag- to dramatically bring down prescrip- nobody is going to make a decision in riculture Appropriations Subcommit- tion drug prices. their confirmation process that way. tee. You usually think of agricultural With that, I yield back the floor. It is actually the Health and Human appropriations in terms of crop sup- The PRESIDING OFFICER (Mr. Services Secretary who has to certify ports and USDA activities. But for THOMAS). The Senator from Wyoming. under the new law as well. whatever reason, in its wisdom, Con- Mr. ENZI. Mr. President, I wish to So I hope we can get him confirmed gress at one point put jurisdiction over acknowledge the intense, enthusiastic, and then do the kind of oversight we the Food and Drug Administration into and persistent work of the Senator need to do to make sure he does every- that subcommittee. So, if you will, I from Louisiana, Mr. VITTER, for drug thing that is possible to make sure we have been in the position of dealing importation. I do not know that I have have safe food and drugs. with this man as he has come begging. seen anybody lead as much on an issue Mr. President, I yield up to 10 min- As we are in the Appropriations sub- or work as hard on an issue. Around utes to the Senator from Utah. committees, everybody who has re- here, that is a talent which is very The PRESIDING OFFICER. The Sen- sponsibility over which we have con- much appreciated. ator from Utah. trol comes begging; that is, they come I do want to mention that, again, Dr. Mr. BENNETT. Mr. President, I did asking for things, they come outlining Von Eschenbach has not been con- not plan to talk about drug reimporta- their position, and they come describ- firmed, so he does not have full author- tion, but coming on the heels of this ing what they will do with the money. ity to run the Department or to do conversation, I simply want to make All of us who have been on the Appro- what he would like to do or might need this one observation: The key state- priations Committee have had this ex- to do. He has to rely on the advice of ment made by the Senator from Lou- perience with a wide variety of people other people, particularly until he is isiana was safe drug reimportation. from the executive branch. I have confirmed. After that, even then, he And the key problem here is certifying never seen anyone who has come before will have to abide by the laws. that the drugs coming across the bor- our subcommittee better prepared, I would point out that drug importa- der—after they have been sent and with a better understanding of how the tion is illegal right now, and it is Con- then are reimported are, in fact, the money will be spent, and with more vi- gress, not the FDA, that has deter- same drugs, they are, in fact, safe. sion as to where the money ought to be mined that. So until we change the The Congress has said the drugs can spent to take the agency into the fu- law, until we do some or all of the be reimported back into the United ture than Dr. Von Eschenbach. things the Senator from Louisiana is States as soon as the Secretary can We have not just sat and discussed suggesting, Dr. Von Eschenbach would certify that they are, in fact, safe. I budget issues; we have not just sat and really be stepping out of bounds to do have seen the sample runs, if you will, talked about dollars and cents—what drug importation. So I hope we do not that have been made on this issue. are you going to spend here and what hold that against him or hold up his They have found again and again that are you going to spend there—he has nomination for that reason. We should a certain percentage of the drugs com- outlined for me in our conversations hold him accountable for what is with- ing back are, in fact, not drugs manu- where he thinks the FDA of the future in his control, but urge him to work factured in the United States. They ought to be and what it will cost to get with Congress. have been manufactured elsewhere, it there. I have had dozens of meetings with packaged in Canada or Mexico or wher- I have been very struck and im- him on a variety of issues, as Senators ever, and then sent back to the United pressed by his vision for the FDA. This have brought them up. Most of them States fraudulently, as if they were, in is not a man who is content to simply have been resolved. Those within the fact, the original drugs. superintend what he has on his plate.

VerDate Nov 24 2008 09:34 Jan 27, 2010 Jkt 049102 PO 00000 Frm 00006 Fmt 0686 Sfmt 0634 E:\BR06\S07DE6.000 S07DE6 cprice-sewell on DSK2BSOYB1PROD with BOUND RECORD 22918 CONGRESSIONAL RECORD—SENATE, Vol. 152, Pt. 18 December 7, 2006 This is a man who has the capacity to Mr. HATCH. Mr. President, to me it organizations. We had received a num- look to the horizon, and maybe even is simply unconscionable that the Food ber of letters in support of his nomina- over the horizon, to see where America and Drug Administration, one of the tion prior to his confirmation hearing. ought to be. best little agencies in Government, has Those were duly entered in the hearing In the practice of medicine right gone leaderless for such a period of record. However, since then we have re- now, drug therapy is the cutting edge. time. ceived additional letters of support. Yes, we are developing new operations. Here we have an agency that governs, I ask unanimous consent that those We are developing new surgical proce- by some estimates, 25 cents out of letters be printed in the RECORD. dures to try to push the envelope out every consumer dollar, and yet we There being no objection, the mate- further as far as health care is con- treat it as a stepchild. We do not pro- rial was ordered to be printed in the cerned. But the major breakthroughs vide it with the funding it needs. We RECORD, as follows: are coming through drug therapy. allow it to exist without a confirmed OMERIS, There are all kinds of situations now commissioner for months and months Columbus, OH, August 2, 2006. where it can be handled with drug ther- on end, for repeated periods. And yet Hon. MICHAEL B. ENZI, apy that obviates the need for an oper- we expect it to be the vital consumer Chairman, Committee on Health, Education, ation or any kind of surgical intrusion. watchdog agency it was intended to be. Labor and Pensions, Dirksen Senate Office The implications of that are huge, and When you think about what this Building, Washington, DC. Hon. EDWARD M. KENNEDY, the role of the FDA in that kind of agency does, what the daily business of Ranking Member, Committee on Health, Edu- medical revolution of the future is the FDA is, you can see how dire the cation, Labor and Pensions, Russell Senate paramount. We absolutely have to have situation really is. Office Building, Washington, DC. at the head of the FDA, in that kind of This is an agency that makes certain DEAR CHAIRMAN ENZI: On behalf of Omeris, revolution, a man who is visionary, a the drugs and medical devices we use Ohio’s bioscience membership and develop- man who looks to the future, and a are safe and effective, that the cos- ment organization, and our member compa- man who understands the potential metics, dietary supplements, and over- nies, I am writing in support of the nomina- the-counter medications we count on tion of Dr. Andrew von Eschenbach to be that lies in the area which he super- Commissioner of the Food and Drug Admin- intends. are sold safely, with truthful and non- istration. Dr. Von Eschenbach, I am convinced, misleading claims. This agency regu- Dr. von Eschenbach is an excellent choice is such a man. I have his resume. We lates animal drugs and radiological de- to head the FDA. He has an outstanding ca- have heard it outlined here. It is an vices and so much more. Yet, time reer as a physician, researcher, and adminis- outstanding resume. But people with after time, it does without a confirmed trator in both the public and the private sec- good resumes can come before us all commissioner. And this is the abso- tors. As a physician, he has treated cancer the time and, in fact, have no vision. lutely wrong time for that to happen. patients for almost thirty years. As a re- Think about the key FDA issues we searcher, he has published more than 200 ar- They spend their time tending what is ticles and books and was the founding direc- on their own plate. This is a man with are facing: the safety of the food sup- tor of M.D. Anderson’s Prostate Cancer Re- vision. This is a man who sees what ply, how to improve drug safety, insti- search Program. As an administrator, he has can happen and who desperately wants tuting a new system of mandatory ad- served as the president-elect to the Amer- to take the FDA in that direction. verse event reporting for serious events ican Cancer Society. He said to me: Senator, I don’t feel associated with the use of dietary sup- It is critically important to our industry that I can institute these kinds of long- plements and nonprescription drugs, and to the nation that the position of the term changes as long as I am acting. I extending the user fee programs for FDA Commissioner be filled. Strong leader- ship is essential if the FDA is to most effec- feel—I think appropriately, from my drugs and devices, and the incentives tively fulfill its mission of assuring the food point of view—that I cannot make for pediatric drug testing—and I have Americans eat is safe and healthful, that the these kinds of structural changes in named only a few of the issues. We are drugs they take are safe and effective, and FDA’s mission and direction until I facing all these pressing public policy that the medical devices they rely on for have the imprimatur of the U.S. Senate issues, and yet we expect the agency to cures and treatment are safe and effective and full confirmation. do its job without a confirmed commis- and represent the latest and best that our in- The longer we hold up his nomina- sioner. That is not right. It is simply dustry can offer. Experience has shown that tion, the longer we keep him from not right. a permanent director continued by the Sen- being confirmed, the longer we will ate is necessary to assure that the agency The President has nominated a well- has the authoritative leadcrship it needs to wait for that kind of vision to be estab- qualified, more-than-capable medical respond promptly and effectively to all the lished in that agency. I think we have doctor to the position of Commissioner challenges it faces. waited too long. I salute the majority of Food and Drugs. Prompt confirmation of Dr. von leader for his persistence in bringing I know Dr. Von Eschenbach well. He Eschenbach is especially important in view this nomination to the floor. At this is a man of integrity. He is a good man- of the issues that are currently facing the time, with all the other things we have ager. He is a good listener. He knows FDA. Next year, both the medical device and to do before this Congress comes to an the importance of working well with drug user fee programs must be renewed by Congress, and the agreements between indus- end, this is one he could easily have Congress, and I believe he will work try and the FDA that will be the starting put off. I am grateful that he did not. well with us. point for the reauthorization are being nego- I am grateful that he filed a cloture I urge my colleagues—no, I implore tiated right now. The critical path initiative, motion to hold our feet to the fire on my colleagues—to do what is right and which offers so much potential for speeding this one and say: It is time for us to vote to invoke cloture on this nomina- the development and approval of safe and ef- act. It is time for us to give this man tion. It is what Dr. Von Eschenbach de- fective products) is just getting off the the imprimatur of our confirmation serves. It is what the agency deserves. ground and needs a strong advocate. The vote so he can move forward, he can in- challenge of determining how FDA can most And it is what the American people de- effectively conduct postmarket surveillance fuse the agency with the kind of vision serve. to assure the safety and effectiveness of ap- and excitement that I know he has. The PRESIDING OFFICER. The Sen- proved products is an issue that needs strong I have spent enough time with him, I ator from Wyoming. leadership from the top. The continuing have had enough conversation with Mr. ENZI. Mr. President, I thank the challenges of food safety and preparation for him—have talked to his peers outside Senator from Utah for his delightful a pandemic or bioterrorist attack need a of the agency to know that the Presi- comments. He speaks so clearly and ex- strong FDA voice. dent has made an outstanding choice in plains things so well. I know of his con- Omeris members, Ohio’s bioscience compa- Dr. Von Eschenbach. We as a country nies, help revitalize our state’s economy tacts with Dr. Von Eschenbach. I hope while developing critical tools, treatments, would be well served to have him in people will follow his advice and vote and technologies that benefit the world. this place, and I urge the Senate to in- for cloture. Omeris is a focal point for the bioscience and voke cloture and confirm this nomina- Dr. Von Eschenbach’s qualifications biotechnology community, providing net- tion as quickly as we possibly can. are excellent. He is supported by many working and educational events, continually

VerDate Nov 24 2008 09:34 Jan 27, 2010 Jkt 049102 PO 00000 Frm 00007 Fmt 0686 Sfmt 0634 E:\BR06\S07DE6.000 S07DE6 cprice-sewell on DSK2BSOYB1PROD with BOUND RECORD December 7, 2006 CONGRESSIONAL RECORD—SENATE, Vol. 152, Pt. 18 22919 developing web-based resources, addressing urge the Committee and the Senate to sup- vious order, pursuant to rule XXII, the public policy, and analyzing resource and port Dr. von Eschenbach as the next Com- clerk will report the motion to invoke funding issues. missioner of the Food and Drug Administra- cloture. We respectfully urge you to support Dr. tion. The assistant legislative clerk read von Eschenbach’s prompt confirmation. Sincerely, Thank you for considering this request. STEVE GIBSON, as follows: Sincerely, Vice President, CLOTURE MOTION ANTHONY J. DENNIS, Government Relations and Public Affairs. We the undersigned Senators, in accord- President & CEO. ance with the provisions of rule XXII of the CANCER CURE COALITION, Standing Rules of the Senate, do hereby NEW YORK STATE Palm Beach Gardens, FL, August 25, 2006. move to bring to a close debate on Executive CANCER PROGRAMS ASSOCIATION, INC., Senator MICHAEL B. ENZI, Calendar No. 907, the nomination of Andrew Buffalo, NY, August 3, 2006. Chairman, U.S. Senate Committee on Health, von Eschenbach, of Texas, to be Commis- To: Senate Health, Education, Labor and Education, Labor and Pensions, Wash- sioner of Food and Drugs, Department of Pensions Committee. ington, DC. Health and Human Services. From: Dr. Edwin A. Mirand, Secretary- DEAR SENATOR ENZI: The Cancer Cure Coa- William H. Frist, Michael B. Enzi, Rich- Treasurer, NYSCPA. lition is supporting the nomination of Dr. ard Burr, Thad Cochran, George V. Subject: Nomination of Dr. Andrew von Andrew VonEschenbach as commissioner of Voinovich, Robert F. Bennett, Tom Eschenbach as Permanent Commissioner the U.S. Food and Drug Administration and Coburn, Norm Coleman, Conrad R. of Food and Drug Administration. we have today issued a press release an- Burns, Jon Kyl, Pat Roberts, Mel Mar- The New York State Cancer Program Asso- nouncing our support. Attached is a letter tinez, John Ensign, Lamar Alexander, ciation, Inc. supports the nomination by from the coalition to Dr. VonEschenbach Elizabeth Dole, Christopher Bond, John President Bush as permanent Commissioner which gives the reasons for our support. Cornyn. of Food and Drug Administration (FDA) Dr. The Cancer Cure Coalition supports Andrew von Eschenbach. changes at the FDA which will improve The PRESIDING OFFICER. By unan- Dr. von Eschenbach’s experience as a re- its operation. We believe the appointment imous consent, the mandatory quorum searcher and physician will provide the FDA of Dr. VonEschenbach will lead to that call has been waived. result. If it would help your committee in with a better focus to confront the chal- The question is, Is it the sense of the lenges and new opportunities facing the its decision on Dr. VonEschenbach’s appoint- agency. Dr. von Eschenbach will lead the ment I would be pleased to appear before Senate that debate on Executive Cal- agency and strengthen the credibility of its the committee to testify. My bio appears endar No. 907, the nomination of an An- decision-making process. on the Cancer Cure Coalition’s website drew von Eschenbach, of Texas, to be www.cancercurecoalition.org and I am at- EDWIN A. MIRAND, Commissioner of Food and Drugs, De- taching a copy of it for you to review. Secretary. If you need any further information please partment of Health and Human Serv- feel free to contact me. ices, shall be brought to a close? THE AMYOTROPHIC LATERAL Sincerely, The yeas and nays are mandatory SCLEROSIS ASSOCIATION, CHARLES A. REINWALD, under the rule. Washington, DC, July 24, 2006. President. Hon. MICHAEL ENZI, The clerk will call the roll. Chairman, Health, Education, Labor and Pen- Mr. ENZI. Those letters are from The assistant legislative clerk called sions Committee, U.S. Senate, Washington, Omeris, Ohio’s bioscience membership the roll. DC. and development organization; the New Mr. MCCONNELL. The following Sen- Hon. EDWARD KENNEDY, York State Cancer Association; the ators were necessarily absent: the Sen- Ranking Member, Health, Education, Labor and ALS Association; the Cancer Cure Coa- ator from Utah (Mr. HATCH) and the Pensions Committee, U.S. Senate, Wash- lition, and there are others. These Senator from Alabama (Mr. SHELBY). ington, DC. DEAR CHAIRMAN ENZI AND RANKING MEMBER groups recognize the absolute necessity Mr. DURBIN. I announce that the KENNEDY: The ALS Association strongly sup- of having a Senate-confirmed Commis- Senator from Delaware (Mr. BIDEN), ports the nomination of Andrew von sioner of Food and Drugs. I understand the Senator from Vermont (Mr. JEF- Eschenbach, M.D., to be Commissioner of the some of my colleagues are not satis- FORDS), and the Senator from Massa- Food and Drug Administration and we urge fied. They seek to use this nomination chusetts (Mr. KENNEDY) are necessarily the Committee to favorably report the nomi- as leverage to accomplish some other absent. nation to the full Senate. agendas. That is something you can do I further announce that, if present The ALS Association is the only national voluntary health association dedicated sole- in the Senate. However, I urge them to and voting, the Senator from Massa- ly to the fight against Amyotrophic Lateral consider the consequences of those ac- chusetts (Mr. KENNEDY) would vote Sclerosis (ALS), more commonly known as tions. In the upcoming year we face an ‘‘yea.’’ Lou Gehrig’s disease. Our mission is to im- exceptionally full agenda with respect The PRESIDING OFFICER (Mr. EN- prove the quality of life for those living with to the FDA. We need this man in place. SIGN). Are there any other Senators in ALS and to discover a treatment and cure This man could work anywhere in the Chamber desiring to vote? for this deadly disease. America, probably anywhere in the The yeas and nays resulted—yeas 89, We believe that strong leadership at the FDA is essential so that the Agency can ful- world, and do much better than what nays 6, as follows: fill its mission and not only ensure that we are offering. [Rollcall Vote No. 273 Ex.] drugs and medical devices are safe and effec- I appreciate his sense of wanting to YEAS—89 tive, but also that people have timely access give back. He is a three-time cancer Akaka Collins Inhofe to the latest medical technologies. This is survivor and understands a lot about Alexander Conrad Inouye especially important for people with ALS, food and drugs outside of being a doc- Allard Cornyn Isakson for there is no known cause or cure for ALS, tor. Allen Craig Johnson and only one drug available to treat the dis- I ask my colleagues to join me in get- Bayh Crapo Kerry Bennett Dayton Kohl ease. That drug, approved by the FDA in ting cloture so that we can get the con- 1995, provides only modest benefits, pro- Bingaman DeMint Kyl longing life by just a few months. firmation accomplished. Bond Dodd Landrieu Dr. von Eschenbach would provide the I yield back the remainder of our Boxer Dole Lautenberg time. Brownback Domenici Leahy vital leadership that is needed at the FDA. Bunning Dorgan Levin Moreover, his diverse background as a physi- The PRESIDING OFFICER. Who Burns Durbin Lieberman cian, educator and advocate will be a tre- seeks time? Burr Ensign Lincoln mendous asset to the Agency and to the Na- Mr. ENZI. It is my understanding Byrd Enzi Lott tion, for he can view the Agency’s mission that the previous speakers did yield Cantwell Feingold Lugar Carper Feinstein Martinez from many different perspectives and help to their time back. So all time is yielded foster the collaboration that is so important Chafee Frist McCain back. Chambliss Graham McConnell to advancing medical science and quality CLOTURE MOTION Clinton Gregg Menendez health care. Coburn Hagel Mikulski The ALS Association is pleased to offer our The PRESIDING OFFICER. If all Cochran Harkin Murkowski strong support for this nomination and again time is yielded back, under the pre- Coleman Hutchison Murray

VerDate Nov 24 2008 09:34 Jan 27, 2010 Jkt 049102 PO 00000 Frm 00008 Fmt 0686 Sfmt 0634 E:\BR06\S07DE6.000 S07DE6 cprice-sewell on DSK2BSOYB1PROD with BOUND RECORD 22920 CONGRESSIONAL RECORD—SENATE, Vol. 152, Pt. 18 December 7, 2006 Nelson (FL) Salazar Stevens oversight of the executive branch of this not only because of his actions but Nelson (NE) Sarbanes Sununu Government very seriously, and I think because of his words which are on the Obama Schumer Talent Pryor Sessions Thomas the nominee is standing in the way of record. Reed Smith Thune Congress doing its oversight of the In response to a nomination question Reid Snowe Warner agency of which he is now Acting Di- in which I asked this nominee if he Roberts Specter Wyden Rockefeller Stabenow rector and will probably soon be the would cooperate with congressional confirmed Director. That sort of lack oversight, Dr. Von Eschenbach identi- NAYS—6 of cooperation violates the separation fied a number of ‘‘executive branch in- Baucus Grassley Vitter of powers and the checks and balances terests’’ as a basis for not complying DeWine Santorum Voinovich within our constitutional system. with congressional requests, including NOT VOTING—5 I hope my colleagues know that I ‘‘matters pending before the agency.’’ Biden Jeffords Shelby take a great deal of time to make sure And ‘‘predecisional deliberative process Hatch Kennedy that we do both jobs we have the re- information,’’ and ‘‘open investigation The PRESIDING OFFICER. On this sponsibility to do here in the Congress. information.’’ You get this sort of vote, the yeas are 89, the nays are 6. One is to pass laws. But the one we are gobbledegook as excuses for not giving Three-fifths of the Senators duly cho- never taught much about in political information to Congress as they prom- sen and sworn having voted in the af- science classes is the constitutional job ised to do but, outside of that, that the firmative, the motion is agreed to. of oversight, which is the responsi- Constitution requires they do; that is if Mr. ENZI. Mr. President, I thank the bility to make sure the laws are faith- you believe in the checks and balances Chamber for allowing us to do the clo- fully executed and money is being of our Government and if you believe it ture vote. With the strong support spent according to congressional in- is backed up by Supreme Court deci- shown by the cloture vote, I would tent, and the overseeing of the admin- sions. It seems to me it has a good highly recommend that we get this istrative branch of Government. So I basis. man confirmed so he can actually have take a great deal of my time in the This nominee was not well-served by the opportunity to do the kinds of Senate trying to make Government whoever counseled him on these mat- things that have been expected of him work not just by passing laws but by ters. He should know that during my in the debate we have had. I also thank making sure they are faithfully exe- years in the Senate, my investigators Senator KENNEDY for his tremendous cuted. I don’t do that all by myself as have obtained access to every single help. We have had a number of meet- a single Senator. I have good staff. I one of these categories of so-called con- ings, a number of hearings. This is the charge my staff to conduct oversight fidential information. I would say to second confirmation of an FDA Direc- rigorously and to investigate any areas the distinguished chairman of the tor we have worked on. It will be nice where the Federal Government is fail- HELP Committee who is watching over to have somebody actually in the posi- ing to be transparent, accountable, and this nomination process—confirmation tion, but I do thank Senator KENNEDY effective. Transparency is so impor- process—he said to me before the vote and all of his staff. tant, because the public’s business, on cloture it would help if we got Dr. I do want to mention the staff person which is everything about the Federal Von Eschenbach approved because now who has directed my health issues. Ste- Government, ought to be public. If the he is an acting and maybe he can’t do phen Northrup is on the floor, and I work of the executive branch fails the all the things that he can do as Direc- thank him particularly for all of the sniff test and the law is not being tor, and that may be true. But not once work on all of the health issues we faithfully executed or the public’s busi- in my discussions or my staffs’ discus- have had. Anybody who has looked at ness is not being made public, that is sions with people at FDA was there the list of those we have done will find when it is my constitutional responsi- ever a hint from the nominee himself it has been a very productive session in bility to blow the whistle. that once approved, he would be able to the health area, and we are still work- Quite frankly, I don’t want to take give us all of these documents. I use ing on another half dozen issues that credit for what I am able to blow the this chart as an example: You get an could pass yet in this session before the whistle on, because there are a lot of answer to a request and you get 57 week ends. So I thank Stephen for all good, patriotic employees in the execu- pages removed. Another chart I had up of his tremendous help. I ask that peo- tive branch of Government who also here showed 43 pages were removed. ple support the nomination of Dr. Von know it is their constitutional respon- And what is in those pages? Who knows Eschenbach. sibility to execute the laws and spend what is in them. We don’t even know Mr. President, I yield the floor. the money right. When they see it isn’t why they were removed, and we don’t The PRESIDING OFFICER. The Sen- happening, and particularly when they know who made the decision to remove ator from Iowa is recognized. go up the chain of command and don’t them. Mr. GRASSLEY. Mr. President, I get results, or when taxpayers monies That is cooperation with Congress? spoke earlier this morning against clo- are being wasted and it seems nobody Not once, I say to Senator ENZI, did he ture. Cloture passed, which for the pub- cares, then they exercise the right they ever tell me or my staff or people who lic listening means there are 60 percent have under laws to blow the whistle to are working for him that if we could or more in support of stopping debate, Members of Congress. get this confirmation over, we will be and there is under the rules the possi- So we obviously count on whistle- able to satisfy what you want done. So bility of 30 hours of debate. I don’t in- blowers—in other words, patriotic Fed- I don’t see anything better, with a vote tend to probably speak for more than a eral employees—who report something of approval by the Senate, of coopera- half hour, so if anybody is interested in wrong when people above them don’t tion with us than before. how long postcloture debate might go care. They care enough to come to us But he wasn’t well-served by those on, it won’t go on very long from my and give us a lot of good information. who counseled him. He should know point of view. But I do want to take So today I am blowing the whistle on that during my years in the Senate, some time to tell people, even though this nominee. In good conscience, I did my investigators have obtained access it is quite obvious this nominee will be put a hold on the nominee, and I will to every single one of these categories approved, why I think he should not be not vote in favor of him for the reasons of so-called confidential information. approved. I have given before and reasons that His answer is at odds with my belief I placed a hold on this nominee for will be more spelled out now. A vote that congressional oversight is one of quite a few weeks. That hold obviously for this nominee would be an endorse- the best ways to shake things up at a was ignored by the leader when he filed ment of the stonewalling, but, more government agency and expose the cloture, which is his right to do. I importantly, the disrespect for Con- truth. The truth will make Govern- voted against cloture because I take gress he has shown by not cooperating ment look better, or if the truth my constitutional duty to conduct with congressional oversight. I can say doesn’t make Government look better,

VerDate Nov 24 2008 09:34 Jan 27, 2010 Jkt 049102 PO 00000 Frm 00009 Fmt 0686 Sfmt 0634 E:\BR06\S07DE6.000 S07DE6 cprice-sewell on DSK2BSOYB1PROD with BOUND RECORD December 7, 2006 CONGRESSIONAL RECORD—SENATE, Vol. 152, Pt. 18 22921 at least you are being candid with the role Congress plays as an equal branch ruined by coverup. Can’t lessons be American people. Besides, it is the of Government. But it didn’t take long learned, that when, in this town, two public’s business, and whether it is after that meeting before the first red people know something about it, it is good news or bad news, it ought to be flags appeared. no longer a secret? public. In April, the committee began its in- Under this Acting Commissioner, the Dr. Von Eschenbach’s answers hap- vestigation of the Food and Drug Food and Drug Administration has also pen to be at odds with my belief that Administrations’s approval and post- attempted to hide and cover up docu- congressional oversight is one of the market surveillance of the Ketek drug, ments. The Finance Committee has re- best ways to get to the bottom of an antibiotic that came under renewed ceived hundreds of pages that say, as I things. This is true not just of the scrutiny last January. It looks as indicate here, ‘‘57 pages removed.’’ FDA; it is true of any Government though it is another drug where the There is another poster behind it that agency. If an agency is not doing the FDA was caught flatfooted. The Fi- looks exactly the same: ‘‘43 pages re- right thing, typically behind it there is nance Committee issued two subpoenas moved.’’ Other documents have whole an effort to keep information sup- in May after the FDA refused to pro- pages, paragraphs, or sentences re- pressed, an effort to keep people from vide documents related to Ketek. I re- dacted, with no explanation as to why. doing what they think ought to be ferred to a family in Cedar Rapids, IA, Sometimes documents are marked ‘‘re- done, an effort to keep people from who lost an 18-year-old son. dacted.’’ Other times they are not doing what their job requires them to During this time, the Food and Drug marked, even when it is evident that do, or to not let them put out that in- Administration also refused access to information is missing. There is no ex- formation. The muzzling of dissent and Food and Drug Administration offi- planation for what documents have information is too common throughout cials. The Finance Committee was been withheld or redacted. It is incom- our Government. Things that should be forced to issue a subpoena to a special prehensible, and it looks like the work transparent in Government simply are agent in the FDA’s Office of Criminal of the Keystone Cops rather than an not. And under Dr. Von Eschenbach, Investigation. The FDA refused to agency responsible to the American the FDA has not only avoided trans- allow my staff to speak to this Federal public for the safety of drugs and de- parency, it also has threatened those employee, citing a policy against pro- vices and the efficacy of drugs and de- who are trying to desperately expose viding access to line agents. Yet, only vices. the truth. months before, just a few weeks before One of the Food and Drug Adminis- That is not just under Dr. Von that, my staff interviewed two line tration’s most incompetent and absurd Eschenbach. For years before him, agents from the Food and Drug Admin- moments was when it sent one of my there has been intense pressure istration on another case. What rule own request letters back to me with in- brought to bear upon scientists who was in place when I interviewed them, formation redacted out of it. Let’s get want to do the scientific process. I say but a few weeks later you couldn’t this clear. You folks are defending a ‘‘do the scientific process’’ because the interview another? Apparently, the person who is running an agency from scientific process answers itself or policy was abruptly changed. I have which I asked for information and they gives the answer. That is what we seen it change over the years with redacted the letter I sent to them. The want: answers on safety and efficacy of other investigations. This policy is not letter I wrote came back as part of the drugs. law, and it is typically enforced when information. Does that meet the com- There is a culture there—even prior the stakes are at their highest and monsense test? Does that meet the test there is something to hide. to Dr. Von Eschenbach, for any serious of competency? I took this matter seriously enough Director who wants to change it—that Recently, I wrote Secretary Leavitt that I went to the Department of is going to make it very difficult to and Attorney General Gonzales to ex- Health and Human Services to meet change because you have an agency plain the basis for some of these with this agent. I was told that if this that is more interested in its public re- redactions. I don’t know whether you agent wanted to speak to me, he would lations and how they look to the pub- call a blank page a redaction because have to assert his status as a whistle- lic-at-large than what their job is. you don’t know what has been there to blower under Federal law. I ask today redact, but obviously there is no infor- That is when they end up getting egg what I asked that day: Why does this on their face, when they are more con- Government employee have to become mation on a blank page unless it is cerned about their public relations a whistleblower to talk to me or any- about the competency of the people than just doing the job. In most in- body else in Congress if the public’s who work within the agency. Again, two copies of the same docu- stances, if these agencies do what they business is really public? are supposed to do, things get done and So I have to ask my colleagues, is ment were redacted differently. Think get done effectively, and then the pub- that acceptable? When you are doing of this. They want to keep us from get- lic relations takes care of itself. Good your constitutional responsibility of ting information. They send us two policy, good administering of law, is oversight, is it acceptable to the rest of copies. One copy has one sentence re- good public relations. It will take care you in the Senate that they thumb dacted, and the other copy doesn’t re- of itself. their noses? dact that sentence but redacts another I met with this nominee after the Also, this Government employee’s su- sentence. So we got the whole docu- White House sent his nomination to pervisors put him in a no-win situa- ment but presumably a basis for things the Senate last March. I hoped he tion, and because of that he risked we were not supposed to know but now would provide the kind of strong, per- being in contempt of Congress. This is we know. Do you think this guy with a manent leadership this agency needs to an agent who put a doctor in jail for medical degree, with this sort of back- change its culture, where scientists are fraud in the Ketek study. ground, is going to go in and change intimidated from doing their work. You understand, I said this started that culture even if there was nothing Over the next 9 months, this nominee back in January with Ketek and our wrong with him? Even if he cooperated showed me that he is unlikely to pro- getting involved in the oversight. with me? So it calls into question the vide that kind of leadership. My belief There was fraud in this Ketek study. good-faith basis for redaction at all. is what you see is what you get. I fear Did the agent do the right thing? It is I could go on and on with examples what we will get from this nominee is a closed case. We want to talk to him showing the stonewalling and the with- what we got from him where he is now about the closed case, and the Food holding of information from legitimate as the Acting Commissioner. Let me and Drug Administration says no. So I congressional requests, pursuing our tell you why, with just a few examples. have to ask, what does the FDA have constitutional responsibility of over- First, the doctor failed to live up to to hide or cover up? sight. What it boils down to is that this his word. In our meeting, he said he re- There are enough instances of polit- nominee has demonstrated he does not spected and understood the important ical leaders and public servants being understand that Government truly is

VerDate Nov 24 2008 09:34 Jan 27, 2010 Jkt 049102 PO 00000 Frm 00010 Fmt 0686 Sfmt 0634 E:\BR06\S07DE6.000 S07DE6 cprice-sewell on DSK2BSOYB1PROD with BOUND RECORD 22922 CONGRESSIONAL RECORD—SENATE, Vol. 152, Pt. 18 December 7, 2006 the people’s business. He doesn’t seem traordinary adversity. It is extremely ship accountable. To sum up, that is to understand that the people who fi- difficult to be a whistleblower. As I what congressional oversight is all nance it, the taxpayers, have a right to like to say, they are about as welcome about. know what their Government is doing as a skunk at a picnic. Yet it is whis- I yield the floor. and how their money is being spent. tleblowers in Government who put The PRESIDING OFFICER. The Sen- I will give one final example. I have their job security on the line to come ator from Colorado. been a longtime champion of whistle- forward and expose fraud or wrong- Mr. ALLARD. Mr. President, I ask blowers. I was the lead Senate sponsor doing for the public good. My Finance unanimous consent to speak as if in of the 1986 whistleblower amendments Committee staff has been investigating morning business. to the False Claims Act. Back then, we serious allegations raised by whistle- The PRESIDING OFFICER. Without were interested in dismantling a too- blowers at the FDA on various issues objection, the Senator is recognized. cozy relationship between defense con- over a period of 3 years. Many of these TRIBUTE TO KENNETH JORDAN tractors and the Pentagon. Today, allegations are very serious and call Mr. ALLARD. Mr. President, I rise whistleblowers are once again the key into question whether the Food and today to honor the service and sacrifice to dismantling the cozy relationship Drug Administration is fulfilling its of Colorado Springs police officer Ken- between some drug companies and the mission to protect the health and safe- neth Jordan. My wife Joan and I were deeply sad- Food and Drug Administration. ty of Americans. The way the Food and dened to hear of the senseless death of In June, Dr. Von Eschenbach held a Drug Administration under this nomi- Officer Kenneth Jordan while in the meeting of FDA staff involving this nee has handled the investigation of line of duty this past Tuesday in Colo- drug I have been investigating, ques- Ketek shows the agency would like to tioning how it was handled—Ketek. rado Springs, CO, during a traffic stop. keep its business secret. It doesn’t It takes a person of great courage to FDA employees who were present say want these issues made public or sub- become an officer of the law. It takes a that he used a lot of sports metaphors jected to scrutiny. The culture at the strong, hardworking, and considerate regarding being a ‘‘team player’’ and FDA has been we will let the public individual. It takes a special someone keeping opinions ‘‘inside the locker know what we think they need to who is willing to pay the ultimate room.’’ Basically, he said to not criti- know. price in protecting the safety of others. cize the FDA outside the locker room, The American people do not want the Officer Kenneth Jordan was just this ‘‘outside the locker room’’ being his government making decisions about person. Unfortunately, Officer Kenneth words. Apparently he stated that any- what is good for them behind closed Jordan paid the ultimate price. one who spoke outside the locker room doors. Officer Kenneth Jordan was the 12th might find themselves ‘‘off the team.’’ The goal of the Finance Committee’s Colorado Springs police officer to be How are you going to do your job of oversight has been straightforward. As killed in the line of duty. According to congressional oversight if you have chairman, I wanted to bring out in the the National Law Enforcement Officers somebody you are getting confirmed open the decisions made by the FDA. Memorial Fund, more than 17,500 offi- who says that if you want to talk to For too long the agency has been mak- cers have been killed nationwide since anybody, they better not talk to you, ing its decisions behind closed doors. 1792, including 231 in Colorado. at least not talk off note, because they This nominee is not likely to serve The shock to the city of Colorado are no longer on the team? Just think well because he just does not seem to Springs this week at his death is espe- of the intimidation that brings get it. He has placed media relations cially harsh—Kenneth Jordan was the throughout the Federal bureaucracy. over the mission of the FDA. First and second Colorado Springs officer to be This nominee held this meeting in foremost, he is supposed to do the right killed this year. Officer Jared Jensen the midst of this ongoing congressional thing on behalf of Americans. Dr. Von made the ultimate sacrifice last Feb- investigation of this drug Ketek. He Eschenbach has other interests to ruary. The memorial service for officer called the meeting after a number of serve and they are not always the in- Kenneth Jordan held at 1 p.m. Monday critical reports in the media about the terests of John Q. Public. at New Life Church will be a grim re- FDA’s handling of Ketek. A number of I hear from time to time from other peat of the day 10 months ago when Of- FDA employees interviewed by the agencies that particular documents are ficer Jensen was laid to rest. Before Of- committee were offended by his com- especially sensitive or that the release ficer Jensen Colorado Springs police ments, found them highly question- of certain documents could jeopardize had not held a funeral for one of their able, inappropriate, and potentially a criminal investigation—I understand own in 24 years. threatening. I don’t think there was that. But in those circumstances, I A Chicago native at 32 years of age, any ‘‘potential’’ about it, they were have reached accommodations. Unfor- Kenneth Jordan joined the Colorado meant to be threatening, and I agree tunately, in this case, my efforts to Springs Police Department in January with the employees. work with Dr. Von Eschenbach and his 2000 and was known for his unwavering Leaders of an agency should not hold subordinates have been all but sum- professionalism and strong work ethic. a meeting to suggest that dissenters marily dismissed. In February 2004, Officer Kenneth Jor- will be kicked off the team, particu- As I am sure you know, I intend to dan became a DUI officer, whose pas- larly when the lives of American peo- keep pressing the FDA for greater sion was getting drunk drivers off the ple are at stake, when drugs are going transparency and openness. I think road. According to his colleagues, Offi- to be put on the line and they might there is going to be new leadership in cer Jordan made 584 DUI arrests since not be safe. I can refer to the death of the Congress which is going to be even joining this elite team and nearly an 18-year-old in Cedar Rapids, IA. His more aggressive and has a history of broke the yearly record of 283 when he is the type of action that shows the being more aggressive in this area. I made 270 arrests in 2005. Officer Jordan true stripes of the nominee. He broke have been welcoming and I continue to was honored in 2004 by the Mothers his word that he respected whistle- welcome that sort of help. Against Drunk Drivers for his dedica- blowers—that is what he told me; quite As I continue with my constitutional tion to enforcing DUI laws. obviously he doesn’t respect whistle- duties to conduct oversight, I look for- Officer Kenneth Jordan was a brother blowers—and that he would never raise ward to working with my colleagues to and a son. He is survived by his sister, even the appearances of retaliation. If ensure transparency, accountability, his loving parents and his girlfriend. this meeting isn’t an example of retal- and effective governance by the execu- Kenneth was well liked by his peers iation, I don’t know what it is. When it tive branch. The bottom line is Con- and others with whom he came in con- comes to health care and public safety, gress needs to stay committed to over- tact. He was always willing to lend a we need to empower whistleblowers sight of the executive branch. The pub- hand to friend or a stranger alike. more than ever. They demonstrate ex- lic depends on Congress to fulfill its The city of Colorado Springs has lost traordinary courage in the face of ex- duty and hold executive agency leader- a valuable member of its community,

VerDate Nov 24 2008 09:34 Jan 27, 2010 Jkt 049102 PO 00000 Frm 00011 Fmt 0686 Sfmt 0634 E:\BR06\S07DE6.000 S07DE6 cprice-sewell on DSK2BSOYB1PROD with BOUND RECORD December 7, 2006 CONGRESSIONAL RECORD—SENATE, Vol. 152, Pt. 18 22923 and we are all forever grateful for Offi- vious this Congress, in its effort to pass built on the farm and at the border to sup- cer Kenneth Jordan’s service and dedi- comprehensive immigration reform, port wider use of a program like reformed cation to the safety and well-being of simply failed to do so. America grew H2A. Language that seeks to address the chal- others. His service to the city of Colo- angry about it, grew angry about the lenges specific to agriculture was included in rado Springs is highly commendable, number of illegals in our country and the bill passed with a bipartisan majority in and his contributions will be remem- the fact this Congress did little or the Senate. Many House members of both bered. nothing about it. parties have acknowledged the need to ad- I extend my deepest sympathy to the A great deal is going on. One of the dress immigration reform for agriculture. family of Officer Kenneth Jordan. May reasons the labor shortages began to Polls show the American people overwhelm- his bravery and unwavering sense of appear is because this Congress in- ingly favor a common-sense approach to im- migration reform including sensible foreign duty serve as a role model for the fu- sisted, and the administration agreed, worker programs and earned legal status ture generation of law officers. Thank we put money behind the securing and subject to strict conditions for workers cur- you for your service, Officer Jordan. the closing of our southwest border rently in the country. Rest in peace, Sir. where literally a million-plus people Another fact we must point out, at this I yield the floor. were moving across annually into our late date in the year, is that agriculture I suggest the absence of a quorum. labor market. issues are rarely partisan issues. While they The PRESIDING OFFICER. The We viewed that as untenable and ir- are sometimes regional, in this case every area of the country is affected by agricul- clerk will call the roll. responsible for a great nation to fail to The legislative clerk proceeded to tural labor shortages and support for a com- control and secure its borders. We are mon-sense solution comes from every region call the roll. doing that now. We are continuing to of the country as well. Mr. CRAIG. Mr. President, I ask invest and will continue to invest in a Reports in the media have told the story unanimous consent that the order for secured border environment. But in this harvest season: not enough workers to the quorum call be dispensed with. doing that, and failing to couple with a pick the apples in New York and Washington The PRESIDING OFFICER. Without more secure border a comprehensive or the cherries in Oregon and Michigan or objection, it is so ordered. the oranges in Florida. One major daily immigration reform package that al- newspaper showed on its front page a mas- ORDER OF PROCEDURE lows a real, honest, legal, fair guest sive pile of pears on the ground in Cali- Mr. CRAIG. Mr. President, I ask worker program, American agriculture fornia—rejected by the packing house be- unanimous consent that myself, the now hurts as they have never hurt be- cause they were picked too late due to labor Senator from Idaho, and the Senator fore. shortage. Worker shortages have been re- from California, Senator FEINSTEIN, be On December 4, all of my colleagues ported from coast to coast, from border to allowed to speak as if in morning busi- received a letter that in itself was al- border. ness for the next 30 minutes. It is time for the Congress to act. After a most unprecedented, a letter from over decade of debate and with worker shortages The PRESIDING OFFICER. Is there 400 agricultural groups around the now a reality, American agriculture needs objection? country—not just agricultural groups your help. Without objection, it is so ordered. but nursery groups, warehouse groups, The sheer number and geographic represen- LABOR SHORTAGE storage groups, all of them generally tation of the organizations on the attached Mr. CRAIG. Mr. President, the Sen- agriculture related. list show the widespread and urgent need for solving this problem. We urge you to support ator from California, Senator FEIN- I ask unanimous consent to have enactment of a comprehensive agricultural STEIN, will be here in a few moments to that printed in the RECORD. worker program, this year! join me in what we believe is an impor- There being no objection, the mate- Sincerely, tant message, to continue to speak not rial was ordered to be printed in the Agriculture Coalition for Immigration only to our colleagues here in the Sen- RECORD, as follows: Reform; Agri-Mark, Inc.; Agri-Place- ate but to America as a whole. It is a DECEMBER 4, 2006. ment Services, Inc.; American Agri- speech not unlike the one we gave be- Hon. LARRY CRAIG, Women; American Farm Bureau Fed- fore we recessed for the break before U.S. Senate, eration; American Farmland Trust; the election, when it was becoming in- Washington, DC. American Frozen Food Institute; DEAR SENATOR CRAIG: The organizations on American Horse Council; American creasingly obvious that America was Mushroom Institute; American Nurs- finding itself in a major labor shortage, the attached list urge you to support passage of a comprehensive agricultural worker pro- ery & Landscape Association; Amer- primarily in agriculture and some of gram this year! ican Sheep Industry Association (ASI); the service industries. In fact, while I You’ve read the headlines. Food grown for The Council of Northeast Farmer Co- was home during this recess period of American tables has rotted in American operatives; Dairylea Cooperative Inc.; time, the shortage of orange juice in fields this year. The cause? In this case it’s Dairy Farmers of America; Farwest the U.S. market made national news as not the weather. It’s something the Congress Equipment Dealers Association; Fed- the price went up substantially. can address—labor. We need agricultural eration of Employers and Workers of A shortage of orange juice today in worker reform before the end of the 109th America; Irrigation Association; Land- Congress. scape Contractors Association; Na- the American market is because nearly The facts are clear: on many American tional Association of State Depart- a million cases of oranges rotted on the farms, immigrant labor plants, tends and ments of Agriculture; National Christ- trees of Florida this fall, late summer, picks the fruits, vegetables, and other crops. mas Tree Association. because there were not hands to pick Immigrant workers tend the livestock—feed- National Council of Agricultural Em- them, put them in the crates, and move ing the chickens, turkeys, horses, sheep, ployers; National Council of Farmer them to the processing sheds. That be- hogs and cattle and milking the cows. Immi- Cooperatives; National Greenhouse came painfully obvious across America grant workers also produce, install, and Manufacturers Association; National as the harvest season went on, espe- maintain the plants that make our homes, Milk Producers Federation; National towns, and cities livable. Potato Council; National Watermelon cially in those areas that require con- The current agricultural temporary work- Association; New England Apple Coun- centrated hand labor, whether it was er program—known as H2A is flawed and cil; NISEI Farmers League; North Florida, California, and the great San needs reform. There is no area of the country American Bramble Growers Associa- Joaquin Valley of California, whether where H2A workers make up more than 10 tion; North American Horticultural it was my State of Idaho that began to percent of the necessary farm workforce. In Supply Association; Northeast Dairy see labor shortages in a variety of most areas, it’s far less than that. Nation- Producers Association; Northeast areas, whether it was Washington or ally, only two percent of farm workers are Farm Credit Associations; Northern Oregon, where many of the fresh fruits provided by the unresponsive and litigation- Plains Potato Growers Association; plagued H2A program. American agriculture Northwest Farm Credit Services; and vegetable crops simply did not get needs a reformed H2A program that is time- Northwest Horticultural Council; Nurs- picked and apples rotted on the trees, ly, effective and streamlined, and a transi- ery & Landscape Association Execu- whether it was in Kentucky, Illinois, tion approach that allows for retaining the tives of North America; OFA—An Asso- Colorado or Michigan, it became so ob- experienced workforce while capacity is ciation of Floriculture Professionals;

VerDate Nov 24 2008 09:34 Jan 27, 2010 Jkt 049102 PO 00000 Frm 00012 Fmt 0686 Sfmt 0634 E:\BR06\S07DE6.000 S07DE6 cprice-sewell on DSK2BSOYB1PROD with BOUND RECORD 22924 CONGRESSIONAL RECORD—SENATE, Vol. 152, Pt. 18 December 7, 2006 Pacific Northwest Christmas Tree As- nard, Mission Produce, Inc. (CA); (CA); David Marguleas, Sun World sociation; Perennial Plant Association; Charanjit Batth, Raisin & Almond International, LLC (CA); Harold Produce Marketing Association. Grower (CA). McClarty, Tree Fruit Grower and Society of American Florists; South East Doug Benik, Grape Grower (CA); Bobby Packer (CA); Mark Melkonian, Tree Dairy Farmers Association; Southern Bianco, Anthony Vineyards, Inc. (CA); Fruit and Dehydrator (CA); Richard Christmas Tree Association; Southern Pete Binz, Raisin Grower (CA); Stephen Milton, Tree Fruit Grower (CA); Keith Nursery Association (AL, DE, FL, GA, Biswell, Mt. Campbell Development Nilmeier, Tree Fruit Grower (CA); KY, LA, MD, MI, MO, OK, NC, SC, TN, (CA); Bill Boos, Grape, Tree Fruit and James Oliver, Grape and Tree Fruit TX, VA, WV); Turfgrass Producers Citrus Grower (CA); Nicholas Bozick, Grower (CA); Louis Pandol, Pandol International; United Agribusiness R. Bagdasarian, Inc. (CA); Wayne Bros., Inc. (CA); Dennis Parnagian, League; United Egg Producers; United Brandt, Brandt Farms, Inc. (CA); Rod Fowler Packing Company, Inc. (CA); Fresh Produce Association; U.S. Apple Burkett, Olive Grower (CA); Tony Justin Parnagian, Fowler Packing Association; Western Growers; Western Campos, Diversified Grower (CA); Company, Inc. (CA); Ron Peters, Tree Plant Health Association; Western Anton Caratan, Anton Caratan & Sons Fruit Grower (CA); Scott Peters, Tree United Dairymen; Wholesale Nursery (CA); Chris Caratan, M. Caratan, Inc. Fruit, Citrus and Grape Grower (CA). Growers of America; WineAmerica; (CA); Blake Carlson, Tree Fruit and Jerald Rebensdorf, Fresno Cooperative Wine Institute; Alabama Nursery & Grape Grower (CA); Kirk Cerniglia, Raisin, Inc. (CA); Bob Reimer, Tree Landscape Association; Alabama Wa- Royal Madera Vineyards (CA); Bill Fruit and Grape Grower (CA); Pat termelon Association; Arizona Nursery Chandler, Grape & Almond Grower Ricchwti, Jr., Almond, Tree Fruit & Association; Pasquinelli Produce Co., (CA); Micheal Conroy, Conroy Farms, Grape Grower and Packer (CA); Cliff Yuma, AZ; Arkansas Green Industry Inc. (CA); Allan Corrin, Corrin Farming Rolland, Abe-el Produce (CA); Cliff Association. (CA); Stanley Cosart, W.F. Cosart Sadoian, Sadoian Bros., Inc. (CA); Allied Grape Growers (CA); Brand Flow- Packing Co. (CA); Verne Crookshanks, Bobby Sano, Grape, Tree Fruit and Nut ers Inc, Wilja Happe, Owner (CA); Cali- Venida Packing, Inc. (CA); Anthony Grower (CA); Sark Sarabian, Sarabian fornia-Arizona Watermelon Associa- Cubre, Sr., Grape Grower (CA); Frank Farms (CA); Tom Sasselli, Grape Grow- tion; California Association; of Nurs- Dalena, Poultry and Vegetable Grower er (CA); Tom Schultz, Chase National eries and Garden Centers; California (CA). Kiwi Farms (CA); Mike Scott, Raisin Association of Wheat Growers; Cali- Jerry Dibuduo, Ballantine Produce Co., Grower (CA); Andrew J. Scully, Philip fornia Association of Winegrape Grow- Inc. (CA); Maurice Dibuduo, Grape E. Scully, Toni M. Scully, Pear & ers; California Avocado Commission; Grower (CA); Nat Dibuduo, Jr., Allied Packing (CA); Don Serimian, Tree California Bean Shippers Association; Grape Growers (CA); John Diepersloot, Fruit & Grape Grower and Packer (CA); California Canning Peach Association; Tree Fruit Grower (CA); Tony Jim Simonian, Simonian Fruit Com- California Citrus Mutual; California Domingos, Grape Grower (CA); Edge pany (CA); Dave Smith, Olive Grower Cotton Ginners & Growers Associa- Dostal, Chiquita Fresh North America (CA); Brent Smittcamp, Wawona Pack- tions; California Dairies, Inc.; Cali- (CA); Dan Dreyer, Olive Grower (CA); ing Co., LLC. (CA); Kent Stephens, fornia Egg Industry Association; Cali- Russel Efird, Diversified Grower (CA); Marko Zaninovich, Inc. (CA); Ty fornia Farm Bureau Federation; Cali- Richard Elliot, David J. Elliot & Sons Tavlan, Tree Fruit Grower and Packer fornia Fig Advisory Board; California (CA); Ken Enns, Enns Packing Co., Inc. (CA); Dean Thonesen, Sunwest Fruit Floral Council; California Grain and (CA); Dan Errotabere, Diversified Company, Inc. (CA); Bill Tos, Tree Feed Association; California Grape and Grower (CA); Tony Fazio, Tri-Boro Fruit Grower & Walnut and Packer Tree Fruit League; California League Fruit Co., Inc. (CA); Steve Ficklin, (CA); Stan Tufts, Tufts Ranch LLC of Food Processors; California Pear Grape Grower (CA); Ron Frauenheim, (CA). Growers Association. Frauenheim Farms (CA); George Steve Volpe, Table Grape Grower and California Seed Association; California Fujihara, Raisin Grower (CA); Fred Packer (CA); Eric Ward, Tree Fruit and State Floral Association; California Garza, Farm Labor Contractor (CA); Nut Grower (CA); Chiles Wilson, All Strawberry Nurserymen’s Association; Micky George, George Bros., Inc. (CA); State Packers, Inc. (CA); John D. California Warehouse Association; Dan Gerawan, Gerawan Farming, Inc. Zaninovich, Zan Farms, Inc. (CA); Jon California Women for Agriculture; (CA); Randy Giumarra, Guimarra Vine- P. Zaninovich, Jasmine Vineyards, Inc. Carol and Bill Chandler, Chandler yards Corporation (CA); Jim Hamilton, (CA); Marko S. Zaninovich, Marko Farms, LP (CA); Colab Imperial County Nut Grower and Processor (CA). Zaninovich, Inc. (CA); Ryan (CA); Family Winemakers of Cali- John Harris, Feed Lot, Diversified Farm- Zaninovich, V. B. Zaninovich & Sons, fornia; Fresno County Farm Bureau ing (CA); Mak Hase, Tree Fruit Grower Inc. (CA); Associated Landscape Con- (CA); Grower-Shipper Association of (CA); Steve Hash, Steve Hash Farms tractors of Colorado; Colorado Nursery Central California; Imperial County (CA); Doug Hemly, Greene and Hemly, & Greenhouse Association; Colorado Farm Bureau (CA); Imperial Valley Inc. (CA); Phil Herbig, Enns Packing Potato Administrative Committee; Vegetable Growers Association (CA); Co., Inc. (CA); Leland Herman, Raisin Colorado Sugar Beet Growers Associa- Kern County Farm Bureau (CA); Kings Grower (CA); Phil Herman, Grape tion; Colorado Wine Industry Develop- County Farm Bureau (CA); Lake Coun- Grower (CA); David Hoff, Raisin Grow- ment Board; Bishops Orchards (CT); H. ty Farm Bureau (CA); Lassen County er (CA); Allen Huebert, Grape and Tree F. Brown Inc. (CT); Connecticut Nurs- Nursery (CA); Madera County Farm Fruit Grower (CA); Tim Huebert, Tree ery & Landscape Association; A. Duda Bureau (CA); Merced County Farm Bu- Fruit Grower (CA); Robert Ikemiya, Ito & Sons (FL); Florida Citrus Mutual; reau (CA); Monterey County Farm Bu- Packing Company, Inc. (CA); Daniel Florida Citrus Packers; Florida Farm reau (CA); Napa County Farm Bureau Jackson, Tree Fruit Grower and Pack- Bureau Federation; Florida Fruit & (CA). er (CA); David Jackson, David Jackson Vegetable Association. Olive Grower Council of California; Or- Farms (CA); George Jackson, Tree Florida Grape Growers Association; Flor- ange County Farm Bureau (CA); Pa- Fruit Grower (CA); Mike Jensen, ida Nursery, Growers & Landscape As- cific Coast Producers; Pacific Egg and Grape, Tree Fruit Grower and Packer sociation; Florida Watermelon Associa- Poultry Association (CA); Raisin Bar- (CA); David Johnson, Citrus Grower tion; Gulf Citrus Growers Association gaining Association (CA); San Diego (CA); Steve Johnson, Johnson Or- (FL); Tampa Bay Wholesale Growers County Farm Bureau (CA); San Diego chards, Inc. (CA); Brian Jones, Sun (FL); Georgia Green Industry Associa- County Flower & Plant Association; Valley Packing (CA); Herb Kaprielian, tion; Georgia Milk Producers; Georgia San Joaquin County Farm Bureau KCC Holding LLC (CA); Alan Watermelon Association; Winegrowers (CA); Santa Barbara County Farm Bu- Kasparian, Grape Grower (CA). Association of Georgia; Environmental reau (CA); Santa Clara County Farm Aubrey Cairns, Kaweah Lemon Company Care Association of Idaho; Idaho Apple Bureau (CA); Stanislaus County Farm (CA); Pat Kurihara, Citrus, Tree Fruit Commission; Idaho Cherry Commis- Bureau (CA); Sun Maid Growers of and Grape Grower (CA); Paul sion; Idaho Grower Shippers Associa- California; Tulare County Farm Bu- Lanfranco, Grape & Tree Fruit Grower tion; Idaho Nursery & Landscape Asso- reau (CA); Ventura County Agricul- (CA); Ben Letizia, Grape and Tree ciation; Idaho-Oregon Fruit and Vege- tural Association (CA); Yolo County Fruit Grower (CA); Jim Lloyd-Butler, table Association; Potato Growers of Farm Bureau (CA); Duane Abe, Tree James Lloyd-Butler Family Partner- Idaho; Illinois Grape Growers and Vint- Fruit, Citrus, Vegetable Grower (CA); ship (CA); Jerry Logoluso, Grape Grow- ners Association; Illinois Landscape Mitch Bagdasarian, Grape and Tree er (CA); Dave Loquaci, Grape Grower Contractors Association; Illinois Fruit Grower (CA); Anthony Balakian, (CA); Ronald Lund, Raisin Grower Nurserymen’s Association; Illinois Spe- Fruit Patch, Inc. (CA); Stephen J. Bar- (CA); Fred Machado, Dairy Farmer cialty Growers Association.

VerDate Nov 24 2008 09:34 Jan 27, 2010 Jkt 049102 PO 00000 Frm 00013 Fmt 0686 Sfmt 0634 E:\BR06\S07DE6.000 S07DE6 cprice-sewell on DSK2BSOYB1PROD with BOUND RECORD December 7, 2006 CONGRESSIONAL RECORD—SENATE, Vol. 152, Pt. 18 22925

Indiana-Illinois Watermelon Association; Texas Nursery & Landscape Association; said: Senator CRAIG, if you can’t bring Indiana Nursery and Landscape Asso- Texas Poultry Federation and Affili- the workers to me or if you can’t make ciation; Iowa Nursery & Landscape As- ates; Texas Produce Association; Texas the workers available in the valley, I sociation; Farm Credit of Maine; Maine Produce Export Association; Texas- will have to go where the workers are. Potato Board; Maryland Nursery and Oklahoma Watermelon Association; What did he mean by that? He meant Landscape Association; Maryland- Texas Turfgrass Producers Association; Delaware Watermelon Association; Texas Vegetable Association; Western he was leasing land in Argentina or Massachusetts Nursery and Landscape Peanut Growers (TX); Winter Garden Mexico or Brazil where the labor force Association, Inc.; Michigan Apple Com- Produce (TX); Utah Nursery & Land- is today. mittee; Michigan Christmas Tree Asso- scape Association; St. Albans Coopera- What will happen to the land in the ciation; Michigan Farm Bureau Fed- tive Creamery (VT); Vermont Associa- great San Joaquin Valley? It will go eration; Michigan Green Industry Asso- tion of Professional Horticulturists fallow, or it will be put in homes. It ciation; Michigan Horticultural Soci- (VAPH); Virginia Apple Growers Asso- will no longer be profitable to produce ety; Michigan Nursery and Landscape ciation; Virginia Nursery & Landscape in that greatest agricultural valley in Association; Michigan Vegetable Coun- Association; Virginia Green Industry cil; WineMichigan; Minnesota Nursery the world which produces the vegetable Council; Virginia Christmas Tree crops and all of the other kinds of & Landscape Association; Mississippi Growers Association; Northern Vir- Nursery and Landscape Association; ginia Nursery & Landscape Associa- crops the American consumer so read- Missouri-Arkansas Watermelon Asso- tion; Southwest Virginia Nursery & ily needs, knows, and wants. ciation; Montana Nursery & Landscape Landscape Association; Independent Last year, for the first time, by a Association. Food Processors Company (WA); Mt. near majority of months, America was Nebraska Nursery & Landscape Associa- Adams Orchards Corporation (WA). consuming more from foreign import tion; New Hampshire Farm Bureau; Underwood Fruit & Warehouse Company than they were consuming from their New Jersey Nursery & Landscape Asso- (WA); Washington Association of Wine own production. That is something ciation; Overdevest Nurseries (NJ); Ag- Grape Growers; Washington Bulb Co.; that should never happen in the great- ricultural Affiliates (NY); Cayuga Mar- Washington Growers Clearinghouse; keting (NY); Farm Credit of Western est agricultural Nation in the world. Washington Growers League; Wash- I think Americans get it. There was a New York; First Pioneer Farm Credit ington State Farm Bureau; Washington (NY); New York Agriculture Affiliates; State Nursery & Landscape Associa- very loud group who distorted the New York Apple Association; New York tion; Washington State Potato Com- whole debate. But they also taught us Farm Bureau; New York Horticulture mission; Washington Wine Commis- something important, that Govern- Society; New York State Nursery & sion; Commercial Flower Growers of ment had fumbled and Congress had Landscape Association; New York Wisconsin; Gardens Beautiful Garden failed in its responsible approach to a State Vegetable Growers Association; Centers; Hartung Brothers Inc. (WI); comprehensive, enforceable, immigra- PRO-FAC Cooperative, Inc. (NY); Lawns of Wisconsin Network; Wis- Torrey Farms Inc., NY; Upstate Farms tion law. We ignored it for decades. In consin Christmas Tree Growers Asso- Cooperative Inc. (NY); Yankee Farm ignoring it, great problems had oc- ciation; Wisconsin Landscape Contrac- Credit (NY); Addis Cates Company curred. Not only did we have an un- tors Association; Wisconsin Nursery (NC); North Carolina Christmas Tree Association; Wisconsin Sod Producers precedented number of undocumented Association. Association. illegal foreign nationals in our coun- North Carolina Commercial Flower Mr. CRAIG. What did they say? They try, but we had allowed industries such Growers’ Association; North Carolina as agriculture to grow increasingly de- Greenhouse Vegetable Growers Asso- said it very clearly: a failure to reform pendent on an illegal workforce. ciation; North Carolina Farm Bureau; the H–2A program has put American Agriculture came to me in the late North Carolina Green Industry Coun- agriculture in an untenable position. cil; North Carolina Muscadine Grape 1990s and said: Senator CRAIG, this As we bring in the numbers this winter problem has to get fixed. Association; North Carolina Nursery & to do the harvest this summer and fall, Landscape Association; North Carolina We began to work on it then. Last Potato Association; North Carolina it is reasonable to predict the loss that year, the Senate passed a comprehen- Strawberry Association; North Caro- the American consumers are now hear- sive bill with AgJOBS, the bill I had lina Vegetable Growers Association; ing about in bits and pieces through worked on with American agriculture North Carolina Watermelon Associa- the national news could well be equiva- and the coalition of over 400 agricul- tion; North Carolina Wine & Grape lent to $4 billion to $5 billion of actual Council; North Dakota Nursery and tural groups. That was in the bill. But value lost at the farm gate—meaning when the House failed to act and would Greenhouse Association; Ohio Farm the produce did not leave the farm, it Bureau Federation; Ohio Nursery and not act, when we recognized that we Landscape Association; Oklahoma did not make it to the processor, it will had to gain confidence with the Amer- Greenhouse Growers Association; Okla- never make it to the consumer’s shelf, ican people that we knew what we were homa Nursery & Landscape Associa- and American consumers will grow in- doing and we would do it right, we in- tion; Hood River Grower-Shipper Asso- creasingly dependent upon foreign creasingly began to put pressure on the ciation (OR); Oregon Association of sources for their food supply. For a border, to secure it, to make it a real Nurseries; Oregon Wine Board; Wasco great nation like ours, that is not only border, to recognize that to cross it County Fruit & Produce League (OR). dangerous, it is foolish and irrespon- Hollabaugh Bros., Inc. (PA); Pennsyl- you had to be legal, you had to have vania Landscape & Nursery Associa- sible. the right papers and credentials. That tion; State Horticultural Association As we put American agriculture is going on as we speak. of Pennsylvania; Rhode Island Nursery through this difficult time by our fail- I was one who encouraged our Presi- & Landscape Association; South Caro- ure to enact comprehensive immigra- dent to maximize the use of our Na- lina Greenhouse Growers Association; tion reform, something else is going on tional Guard to help the Border Patrol South Carolina Nursery & Landscape out there on the farm. Diesel costs, fer- to focus on those concentrated areas Association; South Carolina Water- tilizer costs, equipment costs are at an where greater movement of illegals melon Association; South Dakota Nursery and Landscape Association; all-time high. Of course, we know the coming across our border was occuring. Tennessee Nursery & Landscape Asso- general energy costs have increased at It is an issue of security; it is not ciation, Inc.; Lone Star Milk Producers an unprecedented rate this year. Not just people wanting to cross the border (TX); Plains Cotton Growers, Inc. (TX); only do we have the impact of high to work. Last year, over 200,000 were Select Milk Producers (TX); South input costs in the production of Amer- apprehended who were non-Mexican. Texas Cotton and Grain Association; ican agriculture and agricultural food- They were from all over the world. Texas Agricultural Cooperative Coun- stuffs, now there is nobody to pick the Many of them, tragically enough, were cil; Texas Agri-Women; Texas Associa- crop. drug traffickers and illegals trying to tion of Dairymen; Texas Cattle Feeders Association; Texas Citrus Mutual; I was in the upper San Joaquin Val- get into our country for illegal pur- Texas Cotton Ginners Association; ley late summer meeting with a group poses—not just a hard day’s work in Texas Grain Sorghum Producers of agricultural people. One farmer said the hot sun of an agricultural field. Assocation. it as clearly as it could ever be said. He Border security is critical.

VerDate Nov 24 2008 09:34 Jan 27, 2010 Jkt 049102 PO 00000 Frm 00014 Fmt 0686 Sfmt 0634 E:\BR06\S07DE6.000 S07DE6 cprice-sewell on DSK2BSOYB1PROD with BOUND RECORD 22926 CONGRESSIONAL RECORD—SENATE, Vol. 152, Pt. 18 December 7, 2006 I hope this Congress will do now what In the last two decades, we failed to weather troubles. But even with the it must do, what it has to do for the do that in a responsible fashion. Now, smaller crop to harvest, farmers had American economy, for the American because of that, American agriculture trouble hiring enough workers to work agricultural industries, and that is hurts, other industries hurt. It is im- in their groves. pass a responsible, comprehensive re- portant we grow increasingly sensitive In Stanislaus County, a farmer by form of the H–2A program. to getting this job done and getting it the name of Kevin Chiesa he is a grow- Yes, we need to deal with the illegals right. The job itself is passing AgJOBS, er and is the president of the who are currently in the country, but the comprehensive responsible bill to Stanislaus Farm Bureau—reported we also need to create a legal, identifi- help American agriculture create a that they simply pulled their fig and able flow of people who come to work legal workforce. peach trees out of the ground because and then go home. Ninety-plus percent Under the unanimous consent the they did not have enough workers to who work here want to do just that: Senator from California, Mrs. FEIN- harvest the ripe fruit. Mr. President, they want to go back from where they STEIN, has the next 15 or 16 minutes. 350 acres were pulled on his farm, lead- came. That is where their families are Mrs. FEINSTEIN. That is correct. ing to a net dollar loss of $200,000 and a in large part. That is where the Amer- May I proceed, Mr. President? gross loss of $750,000. ican dollar improves their lifestyle, The PRESIDING OFFICER (Mr. Now, that may not seem like much back in their hometowns, predomi- GRAHAM). The Senator from California to some, but it sure is a lot to a farmer nantly in Mexico but in other parts of is recognized. who depends on this money to pay his the world as well. Mrs. FEINSTEIN. Mr. President, I If we fail to pass comprehensive re- bank loans and to support his family thank the Senator from Idaho. I also and pay his mortgage. form this year, American agriculture indicate how much I agree with the In San Bernardino County, Richard will go through another devastating Senator. Miller of Murai Farms saw his small year in the field, and real management Before I proceed, I note that Senator farm of 130 acres struggle because of a choices will be made, management MURRAY is in the Senate. I ask unani- lack of labor. He reported they experi- choices no longer to plant and grow in mous consent she be given 10 minutes enced substantial loss in their straw- the United States, no longer to put directly following my remarks. berry crop, resulting in a half a million fresh vegetable crops in the field in De- The PRESIDING OFFICER. Without dollars in losses already this year. Mr. cember to be harvested in February to objection, it is so ordered. Miller has been farming since 1962, but supply our great and abundant markets Mrs. FEINSTEIN. Mr. President, the difficulties he has experienced have and the needs of our consumers. Senator CRAIG rightly stated that man- recently caused him to think about This is a very real issue today and a agement choices are being made right giving up his farm and leaving the pro- very real problem. That is why on De- now. That, in fact, is true. We are see- fession for good. cember 4 this coalition sent to this ing billions of dollars of an agricul- Congress an urgent message, a plea. It tural industry effectively being de- Over and over again, I have heard said: Please listen to us. Support and stroyed. Some of it is competition from that growers need an immediate fix. pass comprehensive agricultural work- abroad, but much of it is the fact that They do not know what to plant in the er reform. Give us an H–2A program growers and farmers have a 20-per- upcoming spring season because they that works. That is what we must ac- cent—it is estimated—labor shortage do not know whether they will have complish because even in all of our de- to plant, to harvest, to prune. There is the workers necessary to harvest the bates this is not going to happen over- tremendous uncertainty, I can tell you crops. night. We won’t get to this for several for a fact, in the largest State in the I will say that my friend and col- months, and when we do, it will take Union, and the largest agricultural league, Senator BOXER, and I are in time working with the House. Then it State. Farmers do not believe they can sync on this issue. She also has talked will pass. Then it has to be imple- get workers to harvest their crops, to growers and farmers. She also knows mented. the problem. She also has been a strong So American agriculture will go ergo they are not planting these crops. Senator CRAIG and I came to the Sen- supporter of the AgJOBS program. So through another very tough cropping in making my remarks today, I want season and billions of dollars will be ate before. We have written a joint let- ter to the leader. We have asked, to be certain that this body knows I lost. Wise business men and women am also speaking for my friend and col- will have to make decisions of whether please, because comprehensive immi- league, Senator BOXER. they continue to farm in this country gration reform tends to be stalled, at I have brought to the floor today a and produce in this country or if they least pass AgJOBS. An industry de- graphic illustration of one of our pear go elsewhere to produce, and instead of pends on it. growers. Her name is Toni Scully. I being domestic producers, they become We have worked out AgJOBS. It has have met Toni Scully. I met with her foreign importers. That is something passed the Senate as part of the immi- in California and she told me about the that should never be allowed to hap- gration bill. Just take out the part problems her family had experienced. pen. that is AgJOBS and pass it. It is a 5- My colleague from California has year pilot. It involves the ability of the Shown in this picture is Toni Scully in joined me. Senator FEINSTEIN and I and agricultural industry of our country to her pear orchard. Her family lost 25 others have worked closely to craft the get labor, both through H–2A reform, percent of their bumper crop this year right kind of bill that works, that is which is contained, and through a 5- because they did not have sufficient legal, that is transparent, that recog- year pilot to try to secure a workforce labor to harvest the pears. As shown in nizes the importance of border security for agriculture. the picture, here are the pears all over and border control to get this great While I was in California, I had the the ground. They are all going to be ei- country back into the business of doing opportunity to meet with growers and ther plowed under or thrown in the gar- what it ought to do; that is, to allow farmers. The cry for labor reform has bage. Here is a woman who will have into our country those we want and to only grown louder. What I will do is lost essentially everything this year. keep out those we don’t want. talk a little bit about the micro impact Now, other growers tell me they are We are a nation of immigrants. We and then the macro impact. afraid for the future. They are afraid to are proud of that. Most all of us came California olive farmers delivered plant crops that will later be left to rot from somewhere else some time ago. It only about 50,000 tons of olives this in the fields. So some growers are ex- is because of this we are a great nation. year. That is down from 142,000 tons perimenting with moving their farms It is because of the ability to assimi- last year. So only one-third of the crop to Mexico. Last week, the New York late, to bring into our culture foreign could be harvested this year because of Times ran an article that pointed out nationals to become Americans that a lack of labor. Farmers knew their how much imported produce is now ris- has made our country great. crops were going to be light because of ing above exported produce. And one of

VerDate Nov 24 2008 09:34 Jan 27, 2010 Jkt 049102 PO 00000 Frm 00015 Fmt 0686 Sfmt 0634 E:\BR06\S07DE6.000 S07DE6 cprice-sewell on DSK2BSOYB1PROD with BOUND RECORD December 7, 2006 CONGRESSIONAL RECORD—SENATE, Vol. 152, Pt. 18 22927 the big problems is the produce pro- sidies. Now, they are now buckling Bottom line, we cannot continue the duced at home is not assured; there- under the pressure and asking us for way we are going. That is why Senator fore, more produce is coming in from Federal subsidies. CRAIG and I have come to the floor. He outside. In just one example, because of labor has worked on this bill for 7 years. I fi- This is so shortsighted because we shortages, U.S. avocado farmers may nally got involved and we made some are throwing American families into miss the January market window and agreed-upon changes. I was able to in- jeopardy. Farming families cannot sup- lose out to Mexican avocado farmers troduce it in the Judiciary Committee port themselves if they cannot produce who will be allowed to import into as part of the immigration bill with their crops. California in 2007. This will wipe out these changes. We were able to address The Grape and Tree League of Cali- our local avocado crop. The fact that H–2A reform—and I will go into that in fornia—now, this is a big trade organi- they cannot get the labor they need to a minute—and it passed the Senate. zation representing what is a huge harvest the fruits and vegetables only And, as I say, we believe we have in grape and fruit tree crop group—they weakens our whole American agricul- fact 60 votes in this House. estimate that my State alone—Senator tural industry. The letter I spoke about and quoted BOXER’s and my State—has suffered ap- Now, the reason for the shortage is from is signed by the Allied Grape proximately $75 million in tree fruit simple. There is no readily available Growers; California Association of and grape loss alone. That is a loss of pool of excess labor to replace the Nurseries & Garden Centers; California $75 million. 500,000 foreign migrant workers we Association of Wheat Growers; Cali- The American Farm Bureau Federa- have depended on for years. The work fornia Association of Winegrape Grow- tion estimates that if this labor short- is hard. It is stooped. It is manual. The ers; California Bean Shippers Associa- age continues, California agricultural hours are long. To make a living, the tion; California Citrus Mutual; Cali- production loss could be as high as $3 laborer must travel around the region, fornia Cotton Ginners & Growers Asso- billion each year in the short term and from site to site, working for more ciations; California Egg Industry Asso- as high as $4.1 billion in the long term. than one employer, to coincide with ciation; California Farm Bureau Fed- This is decimating. California agricul- the crop harvesting calendar. The prob- eration; California Fig Advisory Board; tural income loss is projected to reach lem is, we do not have enough Amer- California Floral Council; California $2.8 billion each year in the long term. ican workers who are willing to do this Grape and Tree Fruit; California Grain The problem is not just in California. job. and Feed Association; California Dairy farmers in Vermont, citrus grow- This week, Senator CRAIG and I re- League of Food Processors; California ers in Florida, others throughout the ceived a letter signed by over 375 agri- Pear Growers Association; California country, have complained about the cultural organizations and industry Seed Association; California State Flo- labor shortage and the uncertainty it leaders from all over the country urg- ral Association; California Warehouse creates for the future. ing agricultural reform this year. As Association; Far West Equipment Deal- The Farm Credit Associations of New they point out, this is not a partisan ers Association; almost every county York estimate that if the labor short- issue. Every area of the country is af- farm bureau; Nisei Farmers League; age continues there, New York State fected. Olive Grower Council of California; and will lose $195 million in value of agri- In November, I received a letter on and on and on, with different farms, cultural production and over 200,000 signed by 147 growers’ organizations grape growers, olive growers, cotton acres in production over the next 24 and individual farmers. They point out ginners, poultry farmers—pages and months. in their letter that they cannot wait pages of people pleading with us to do The American Farm Bureau Federa- another year, that our State’s pear something. And we do nothing. tion estimates that if agriculture loses growers had an exceptional crop, the We will not repass a bill that has its migrant labor force, the national best-looking crop in over 40 years, yet been passed by this Senate once, and production loss in fruits and vegetables they suffered major losses. They point we are in the middle of a major crisis. will be between $5 billion and $9 billion out: So I am kind of at my wit’s end. a year. This is not my estimate. This is While the pear losses were the most dra- Let me tell you a little bit about the the American Farm Bureau’s estimate. matic among the commodities, other pro- AgJOBS bill. It is a 5-year pilot. It They also say that over the long term, ducers suffered as well from delayed har- would provide a one-time opportunity the annual production loss would in- vests, degraded quality and deferred cultural for trained and experienced agricul- crease to $6.5 billion to $12 billion each practices. tural workers to earn the right to year. These crises are a big deal. Farm apply for legal status. It would reform These losses are not just limited to worker crews in my State during har- the H–2A visa process so that if new growers. The impact is felt throughout vest were 60 percent of normal—60 per- workers are needed, farmers and grow- the economy. For every job lost on cent of normal. What they say is: ers have a legal path to bring workers family farms and ranches, the country Pending regulatory changes issued by the to harvest their crop. Workers can loses three to four jobs in related sec- Department of Homeland Security propose apply for a blue card if they can dem- tors equipment, inputs, packaging, to turn Social Security Administration’s onstrate with records that they have processing, transportation, marketing, mismatch letters into immigration compli- worked in American agriculture for at lending, insurance—they are all sup- ance documents. The proposal would allow least 150 days within the previous 2 ported by having agricultural produc- DHS to prosecute and penalize employers across this country who do not terminate years. tion here in this country. employees who cannot verify their status. I can see my time is running out. Low-producing farms mean a lowered So, Mr. President, you see the prob- May I have a couple minutes more to local tax base as farms no longer gen- lem. The farmers are going to be pros- sum up? erate income and create jobs. Mr. CRAIG. Mr. President, I ask ecuted if they hire someone who is not Ultimately, the current farm labor unanimous consent that the Senator legal to harvest their crops. And they situation is making Americans more from California be allowed to proceed cannot find legal people to harvest dependent on foreign food. Instead of for at least 5 more minutes. their crops. That is the dilemma. stocking produce grown and harvested The PRESIDING OFFICER. Without Further quoting the letter: in our country, America’s grocers are objection, it is so ordered. increasingly filling their shelves with Even though today’s employers follow cur- Mrs. FEINSTEIN. Thank you very foreign-grown produce. rent SSA requirements regarding mismatch much. letters, they would be in violation of the De- For decades, the fiercely independent partment of Homeland Security proposal. If The blue card would require that fruit and vegetable growers of Cali- finalized, the DHS proposal will aggravate they work in American agriculture for fornia, Florida, and other States, tradi- the current labor shortage problem in agri- an additional 150 workdays per year for tionally have shunned Federal sub- culture. 3 years, or 100 workdays per year for 5

VerDate Nov 24 2008 09:34 Jan 27, 2010 Jkt 049102 PO 00000 Frm 00016 Fmt 0686 Sfmt 0634 E:\BR06\S07DE6.000 S07DE6 cprice-sewell on DSK2BSOYB1PROD with BOUND RECORD 22928 CONGRESSIONAL RECORD—SENATE, Vol. 152, Pt. 18 December 7, 2006 years. At the end of that time, they get it done now, but more importantly, harder for all of us to do our jobs next would be able to obtain a green card. get it done when we get back very year, and that is a terrible legacy for Over the 5 years, it would apply to 1.5 early in the year, is going to be critical the Republican leadership to leave our million individuals, which would pro- to us. country. vide a stable, ongoing workforce for Mrs. FEINSTEIN. That is the point. Every year Congress has to pass its the United States. Workers would be We did not just write this letter. Per- annual spending bills. They fund our required to pay a fine of $500, show that haps the frustration is showing today. Government. We work very hard on they are current on their taxes, that It would be my hope we could get this those bills. We craft them so they meet they have not been convicted of a calendared sometime in January and the needs that our constituents tell us crime that involves bodily injury or get it passed so that the spring plant about, on everything from health care harm to property in excess of $500. Em- can happen all throughout this Nation. to transportation to education. Some- ployment would be verified. The pro- Otherwise, I can only tell you, in my times it takes a while to finish those gram would be capped and sunset. State, farmers who can are going to go bills, but we get them done. Then the The Department of Homeland Secu- to Mexico. Farmers who can are going country is able to move forward. This rity would ensure that the ID cards are to plant in Mexico. Is this what we year it has been very different. We did encrypted, that they have biometric want to have happen? I don’t think so. our work on the Appropriations Com- identifiers, that they contain anti- I thank Senator CRAIG for his long- mittee, but then the Senate Republican counterfeiting protections. So you standing work on this issue and for his leadership blocked our progress. I serve would be able to identify 1.5 million leadership. When one comes to the on that Appropriations Committee. We people who are currently illegal. You floor of the Senate, sometimes one did our job on time in a bipartisan would know who they are. You would thinks nobody is listening. I hope manner back in July, under the leader- ship of Senators COCHRAN and BYRD. know they are now legal. You would somebody is listening. I hope people We completed work on 11 appropria- know they were working in agri- recognize that we have a huge industry tions bills and sent them to the Senate culture, which desperately needs them. out there. It needs attention. It needs a We would also streamline the current workforce. Americans will not do this floor. Here is what is impressive. Every sin- agricultural guest worker program, the work. Therefore, it is a migrant work- gle Senator on the committee voted to H–2A program, which is now unwieldy force that does the work. There is a report each and every bill. But since and ineffective. The bill would shorten methodology to legalize it, to limit it, then, the Senate Republican leadership the labor certification process, which to sunset it, and to fix what has been a blocked our progress. They decided to now takes 60 days or more, reducing broken H–2A program and in a bill that only let 3 of those 11 bills move for- the approval process to 48 to 72 hours. has already passed the Senate once al- ward. Those bills cover extremely im- There are a number of specifics. It ready during the 109th Congress. portant functions—defense, homeland I thank the Chair and my colleague freezes the adverse wage rate for 3 security, and military construction— years, to be gradually replaced with a from Idaho. but they are just 3 of the 11 bills. What The PRESIDING OFFICER. The Sen- prevailing wage standard. The H–2A about the needs of our communities? ator from Washington. visas would be secure and counterfeit What about the needs of our schools Mrs. MURRAY. I ask unanimous con- resistant. In this way, agricultural and colleges and universities? What sent that following my remarks, the labor would have a permanent work- about the support of health research or Senator from Maryland be recognized. force and you would have a secure investing in infrastructure or meeting The PRESIDING OFFICER. Without guest worker program, H–2A, where the needs of our farmers or ranchers or objection, it is so ordered. necessary, to go in to areas for short law enforcement? Those are critical periods of time. It is a win/win situa- A TERRIBLE LEGACY needs. The Senate Republican leader- tion. It has passed this Senate. Mrs. MURRAY. Mr. President, I am ship decided this past summer that The losses are in the hundreds of mil- here because families across this coun- they could go on the back burner. lions of dollars across the Nation, and try are going to be hurt because this Never in my 14 years in the Senate we do nothing. We stiff the American Republican Congress has not done its have we started a new fiscal year with agricultural industry. I have a hard job. We have all heard that this session so little progress in the Senate in pass- time understanding that. I know the of Congress is a do-nothing Congress. It ing the appropriations bills and fund- votes are here to do it. We could prob- has earned that title. But there is one ing the critical functions of Govern- ably do it. Through the Chair, I ask thing everybody ought to understand. ment. Nine weeks ago we entered a new Senator CRAIG, does he not believe we When Congress doesn’t do its job, it fiscal year. I came to the floor at the could pass this bill with maybe an hour makes it harder for all Americans to do time to complain about the unfinished on the floor of the Senate. their jobs, whether it is teaching our business of the Senate and expressed Mr. CRAIG. I thank the Senator for children or providing health care or my disappointment that we were asking the question. This is not an un- improving transportation or making recessing for the elections without known issue. We all understand it. The our communities safer. moving these bills. I always thought Congress understands it. The election This may seem like a debate over we would come back and the Repub- is over. People can decide whether they process, but it affects you. If you fly on lican leadership would finish its work survived or failed because of their posi- an airplane and are concerned about this session. But they have made a dif- tion one way or another on immigra- your safety, it affects you. If you drive ferent choice. It is now December 7. We tion. The reality of what she and I talk on a highway and are concerned about have not seen one additional funding about is so real today. We knew it traffic congestion, this affects you. If bill clear the Senate. And we are now then; we know it now. We have the 60 you want our Government to stop the hearing talk that the Republican lead- votes. We have had them for some flow of money to terrorist organiza- ership may formally adjourn the Sen- time. There is no question in my mind, tions, this affects you. ate by the end of this week, with most with the reforms we are talking about, Today I want to share with the Sen- of the 11 appropriations bills never this could become law and we could ate a few examples of how it is going to being sent to the President. pass it in the Senate. hurt because the Senate Republican I think it is worth remembering that Mrs. FEINSTEIN. If I may, the letter leadership has not done its job. I want when this happened last time, there we wrote to Leader FRIST asking that to point out how it is going to hurt the was a major shift of power back in No- it be calendared, has the Senator re- priorities in my State of Washington, vember of 2002. I was serving at the ceived a response? Because I have not. from their fight against drugs and time as chair of the Transportation Ap- Mr. CRAIG. I have not either. Obvi- gangs to the cleanup of the Hanford propriations Subcommittee. After the ously, we are in the closing hours of Nuclear Reservation. This Republican election, just as now, the appropria- the 109th Congress. Whether we could Congress’s failure is going to make it tions process was not complete. But

VerDate Nov 24 2008 09:34 Jan 27, 2010 Jkt 049102 PO 00000 Frm 00017 Fmt 0686 Sfmt 0634 E:\BR06\S07DE6.000 S07DE6 cprice-sewell on DSK2BSOYB1PROD with BOUND RECORD December 7, 2006 CONGRESSIONAL RECORD—SENATE, Vol. 152, Pt. 18 22929 Democrats still worked to fulfill our tiative. But now this funding is going Washington State for commenting on responsibility by moving bills on the to be delayed and put in jeopardy be- the law enforcement aspects that are floor and sending them to conference. cause Senate Republicans have refused going to be lost under the way we are Unfortunately, we were blocked from to do their job and pass the Commerce- proceeding because she is absolutely completing our job. The Republican Justice-State spending bill. Because right. I say to the Senator before she leadership that was due to come into Republican Senators are not going to leaves the floor, that is in the Com- the majority in January of 2003 prohib- do their job, they are going to make it merce, Justice, Science Committee, on ited us from moving those bills for- harder for police in my State to do which I am currently ranking member. ward. They decided they wanted to their job, and that is wrong. We worked on a bipartisan basis—Sen- complete the appropriations process This failure to act will also delay and ator SHELBY and I—to produce the bill when they were in control. put at risk support for an antigang pro- that would have given the financial This year Democrats are taking a dif- gram in Yakima Valley. Back on Octo- tools to local enforcement to fight the ferent approach. We should complete ber 16, I was in Yakima at the police meth epidemic, the gangs that are the appropriations process now, be- department for a meeting with two coming, all with the most grim and cause it is important to America’s fam- dozen local officials, law enforcement, ghoulish approaches in our local com- ilies and communities. We are already and prosecutors. They told me about munities. 2 months into this fiscal year. The the tremendous challenges they were But we are saying, you know what, American people are paying a price for facing, and the top issues on their list we are cutting and running. So we are these delays. Democrats are willing to were meth and gangs. I heard their cutting their budget, and we are run- complete this process now, even under message, and I have fought for a com- ning out of here. That phrase ‘‘cut and Republican control, because we believe mitment in the Senate to support a run’’ has been used so cavalierly, but I the American people have waited long community-based gang task force. am telling you that is exactly what we enough. Unfortunately, the Republican That funding is needed immediately. are doing now. We are cutting and run- leadership didn’t get the message. Now Now I have to go back to Yakima and ning from our responsibility to fund American families are going to pay the tell those hard-working leaders that the programs that meet compelling price of this negligence. the funding I got was delayed and put human needs in our own States, in our Some Senators have been suggesting at risk because Republicans don’t want own country, as well as those things that we simply pass a continuing reso- to do their jobs and pass the annual that help with the national security, lution for the next entire fiscal year spending bills. People in my State de- such as funding the FBI and to the se- and everything will be fine, claiming serve better than that. curity in our own communities. We are there is no real difference between Let me offer another example of how talking about meth and gangs, but I passing these bills we have worked so the Republicans’ failure to do their know the Senator feels as strongly as I hard to put together and putting Gov- jobs is hurting my State. Our Govern- do about sexual predators. We worked ernment on auto pilot for a full year. ment has an obligation to clean up the with Mr. Gonzales, the Attorney Gen- Hanford Nuclear Reservation in Rich- There is a big difference. This country eral, in terms of a very good antisexual land, WA. As I speak, that community will pay a price under that scenario for predator approach, with listing and is working hard to clean up nuclear airline safety. watch lists and those things that, waste, protect the community, and the Under a full year’s CR, my colleagues again, empower the local law enforce- environment. Here in the Senate I have should know we will only be able to ment. We have a program that helps fought for the funding we need to keep hire half of the air traffic controllers sheriffs. we need, and we will not be able to hire that cleanup moving forward. But now So if we want to bring in the posse, the air traffic safety inspectors who the Republicans are refusing to move we have to bring in the bucks. What I the Energy and water bill. As a result, are desperately needed. We are going to like about the sheriff initiative is it is funding for Hanford cleanup is going to pay a price in highway safety because in every community, not only urban be delayed. That means it is going to we are not going to be able to reverse areas but also out in the rural areas. take longer, and it will cost more the recent increase in traffic fatalities. But, oh, no, we have to get home. Well, money. The Republican leadership is We are going to pay a price in the fight I think we have abdicated our responsi- going to have to explain to the people against terrorism, because we are not bility. I thank the Senator for what I represent in the Tri-Cities and going to be able to fund the Treasury she has said. throughout my State why Hanford Department’s efforts to stop terrorist Mr. President, we are abdicating our funding is being delayed. They are financing. And we are going to pay a responsibility, and in abdicating our going to have to answer for their fail- price in educating our kids and improv- responsibility to pass the outstanding ure to act on these and other priorities. ing our communities and training our It doesn’t have to be this way. Rather appropriations bills, we are having a workforce. Everywhere you look, we than spending the month of July and very dire impact on our own country. will pay a price if we fail to do our job. September debating unrelated bills for Of the 12 appropriations bills, only 2 The Republican mismanagement will political reasons, we could have been have passed. One is Defense and one is hurt my State of Washington, from the debating these appropriations bills Homeland Security. I am so glad that fight against drugs and gangs to the that are critically needed for our Na- we did pass those and we did them in a cleanup effort at the Hanford Nuclear tion’s safety and security. responsible way and in a timely man- Reservation. If you sit down with law We could have been fighting for the ner. But one can say, then, we met our enforcement officers in my home people we represent. We could have national security responsibilities. Well, State, as I have, they will tell you they been meeting their basic needs and pro- not the way this Senator sees it. The are facing a methamphetamine epi- tecting their livelihoods and ensuring national responsibility for national se- demic. It is destroying families and their safety. Unfortunately, the Repub- curity also comes to our own FBI, communities, and law enforcement lican leadership said ‘‘no,’’ and now our comes to local law enforcement, comes needs help to deal with it. Over the families are going to pay a price. to our U.S. Attorney’s Offices, and we past few years I have worked to provide I think this Senate deserves better, are walking away from this. funding each year for the Washington but more important, the people we rep- The voters have said they want us to State meth initiative. It is a coordi- resent deserve a lot better. change the tone and they want us to nated Statewide effort that focuses on I yield the floor. change the tempo. I can honestly say cleanup, treatment, prevention, and The PRESIDING OFFICER (Mr. that working in Commerce, Justice, law enforcement, and it is a great ISAKSON). The Senator from Maryland Science Appropriations, we have had model for other States. Again, this is recognized. an outstanding tone. I compliment my year in the Senate bill, I got a commit- Ms. MIKULSKI. Mr. President, I current chairman, Senator SHELBY ment to support my State’s meth ini- want to compliment the Senator from from Alabama. Gosh, we worked so

VerDate Nov 24 2008 09:34 Jan 27, 2010 Jkt 049102 PO 00000 Frm 00018 Fmt 0686 Sfmt 0634 E:\BR06\S07DE6.000 S07DE6 cprice-sewell on DSK2BSOYB1PROD with BOUND RECORD 22930 CONGRESSIONAL RECORD—SENATE, Vol. 152, Pt. 18 December 7, 2006 well in producing our appropriations What does that mean? Well, it means cruitment efforts going on to recruit bill. The Senator from Alabama made that the FBI will not be able to main- people for terrorism or for these Latin sure I was consulted, along with my tain the operations tempo that they American gangs, such as M–13. Talk to staff. We worked on the compelling have achieved since September 11. It the head of the Bureau of Prisons and needs that must be funded but in a fis- means that they will not be able to to the Attorney General. We have to cally responsible way. That sub- hire and keep the agents that they stand centrally with own Federal pris- committee doesn’t need to change the have, including the important lin- ons that we do not become the incuba- tone, but, wow, do we need to change guists. We have had to recruit people tors not only of thugs but of terrorists the tempo. Not because of what SHELBY who can speak Farsi and a whole vari- and terrorizing gangs in our local com- and MIKULSKI did. We did our bill; we ety of other languages that are not munities. finished it. We have moved it out of the well known and available in our uni- When I talk about grim and ghoulish, committee. It is now ready to go to the versities. But Director Miller went out I am going to use an example that is Senate floor. We did it on a bipartisan and found them. They are ready to go. difficult to bring to the Senate floor. In basis, and we feel confident, each of us They are already being trained. But we my own State, there was a gang at- and our members, of the bill we pro- are saying: Oh, no, we cannot hire you tack, where they cut off the arms and duced. So we are ready to go. We are now because the Congress had to go legs of a victim, using a machete. I similar to a plane circling the airport, home. They have to cut and they have could describe more ghoulish things, but we are running out of fuel. to run. Let me tell you, linguists, even but I will not offend civilized people to I am concerned particularly about though the private sector will hire you give those examples. those programs affecting the FBI and for more money, at an easier lifestyle, We have to get serious. Are we going Federal law enforcement agencies, as we know you were ready to join the to fight the global war against ter- well as the locals. The FBI to the sher- FBI, but we have to go fa-la-la, fa-la-la rorism or are we going to cut and run iffs are going to be shortchanged, re- somewhere. This is outrageous. from the appropriations? Are we going sulting in, I think, very serious con- That is the basic kind of thing that to stand up for our FBI or cut and run sequences. We use budget-speak, Sen- will directly impact on our ability to from our duty? Are we going to stand ate-speak with words such as ‘‘CR’’ and fight terrorism here at home. It is up for Federal law enforcement, such ‘‘omnibus,’’ but whatever we are talk- what we said during the 9/11 Commis- as the Bureau of Alcohol, Tobacco, ing about, the fact is we are not fin- sion about the famous watch list and Firearms and Explosives, who are ishing our job, when we could have emerging technology. We have been working here and helped us catch the done it if there was a willingness from working on the integration of the fin- snipers and are working over there so both the House and the Republican gerprint systems between the FBI, we can deal with the IEDs that are leadership to move these bills. Many of DHS, and also Immigration, to make killing our troops? Are we going to them have been worked out—again, on sure that we truly are stopping the stand up for the DEA that is fighting a bipartisan basis. people we need to stop who are trying drugs on the street corners of our com- I come to you today with my great to get into this country. But, oh, no, munities and dealing with the drug concern about the global war against we are going to delay that and other problems in Afghanistan, with Mr. terrorism. I am a member of the Intel- technological improvements that the Karzai, that is now funding the ligence Committee, I am on the Appro- FBI so desperately needs. We are short- Taliban? Oh, no, we have to cut and priations Committee and I am also a changing the FBI. run. member of Defense Appropriations, Then, when we look at the global war Well, I am opposed to this strategy. I Homeland Security and also currently against terrorism and how it is acted oppose this do-nothing Congress. We ranking—and soon to be chair—of the out in our own communities, I salute could do the job. I worked with my Re- Subcommittee on Commerce, Justice, the U.S. Attorney’s Office. For them, publican colleague and, I must say, he Science and Related Agencies that this CR and this cutting and running worked with me. We don’t have to funds particularly the FBI. I live, along we are doing will essentially mean that worry about changing the tone, but we with my constituents, in the national the U.S. attorneys will be again short- sure have to change the tempo. That is capital region. We are a high-risk area. changed. In my own State, they run why the voters made a change in the So we are committed to national secu- something called the Joint Terrorism Congress. So we are going to have to rity—whether it is the Port of Balti- Task Force. It is the U.S. attorney who swallow this, but I will tell you that more or whether it is Bethesda, wheth- gets all of the stakeholders in the same they can count on BARB MIKULSKI not er it is the Naval Academy and looking room, providing important legal guid- to cut and run from her duty, her re- out for them, but we need these re- ance to all of the police chiefs, cer- sponsibility in fighting the global war sources. Sure, we need to fund defense tainly, in the Baltimore area, and against terrorism and the thugs and and homeland security, but don’t we those involved in port security and bums on our streets in America. need to fund the FBI? The CIA can spy local law enforcement. The people from Mr. President, I yield the floor. around the world, but ultimately any the Governor’s office run that. Whether The PRESIDING OFFICER. The Sen- information to come back and protect it is in the national Capitol region, ator from Minnesota. us against predators here comes that we are in, or L.A. or New York, Mr. DAYTON. Mr. President, I ask through the FBI. The National Secu- our U.S. attorneys run these forces. unanimous consent that I may speak rity Agency—hopefully, completely The local people love it, and they are as in morning business for up to 15 within the law with reforms that need part of the global war against ter- minutes. to be made—can pull out these ‘‘cyber rorism because we don’t have enough The PRESIDING OFFICER. Without snitches,’’ with the Internet, that is FBI agents, but with enough cops on objection, it is so ordered. going on somewhere in the Middle East the beat, we can do that. So we are SENATE SERVICE and prevent those attacks. We are shortchanging the U.S. Attorney’s Of- Mr. DAYTON. Mr. President, it has proud of what they did in working with fice. been almost 6 years since I was sworn our British counterparts in London. No Let’s go to the Bureau of Prisons. We in as Minnesota’s 33rd U.S. Senator matter what happens over there, when are going to lose correctional officers. with my friend and colleague Paul it comes back here, the FBI needs to We might say that they are just thugs Wellstone at my side. I began my term protect us. But, oh, no, we have to get anyway. Let’s talk about those ‘‘just hopeful and optimistic. The Senate was home. That is what I mean about cut- thugs anyway.’’ Right this minute, we evenly divided, with 50 Democrats and ting and running. We are cutting and are very concerned and have signifi- 50 Republicans, and President-elect running. cant flashing yellow lights about the George W. Bush was promising to When we do what we are about to do fact that right now in our Federal pris- change the tone in Washington with a soon, the FBI will be short $100 million. ons there could be underground re- new era of bipartisan cooperation.

VerDate Nov 24 2008 09:34 Jan 27, 2010 Jkt 049102 PO 00000 Frm 00019 Fmt 0686 Sfmt 0634 E:\BR06\S07DE6.000 S07DE6 cprice-sewell on DSK2BSOYB1PROD with BOUND RECORD December 7, 2006 CONGRESSIONAL RECORD—SENATE, Vol. 152, Pt. 18 22931 Our country enjoyed peace and rel- country needs those tax revenues, and human beings have ever devised. It is ative prosperity. Outgoing President I can darn well afford to pay my fair far from perfect, but it is far better Bill Clinton, a Republican-controlled share of them, as can all other Ameri- than anything else. We who are elected Congress, and over 6 years of economic cans with my good fortune. as its leaders and its stewards have sa- expansion had combined to create the I tried seven times unsuccessfully to cred duties to uphold its principles, to first annual surpluses in the Federal get the Senate to honor its 30-year elevate its policies, and to improve its Government’s on-budget account in 39 promise to school districts and school- practices before we bequeath them to years, and they were projected by OMB children and fully fund special edu- our successors. I have done my very to continue for at least the next dec- cation. The Senate did pass my ‘‘Taste best to fulfill those duties before I pass ade. of Our Own Medicine’’ amendment lim- them on to my outstanding successor, The Social Security trust fund’s an- iting Members of Congress’s prescrip- Senator-elect Amy Klobuchar. We in nual surpluses were going to be saved tion drug coverage to what they pro- the Senate and in the House of Rep- in a lockbox for the upcoming retire- vided to senior citizens through Medi- resentatives also have the duty to ments of a large baby boom generation. care. However, my amendment was dis- serve the best interests of all Ameri- There was even discussion of paying carded by the House-Senate conference cans. To be successful and sustainable, down the national debt to further committee. our Government must improve the strengthen our financial position. Yet It has pained me deeply to see the lives of all of our citizens. we still would be able to increase fund- Senate’s majority lead our country Unfortunately, here in Washington, ing for such essential needs as public into what I consider the wrong direc- the people who already have the most education, affordable health care, sen- tion. Our Nation’s founding principle keep getting more than anyone else. iors’ drug coverage, and infrastructure was ‘‘we the people,’’ and it remains so The excessive influences of their improvements. today. If we are not always united by money and political power on the Fed- Just 6 years later, our country’s con- the common cause, we are bound to- eral Government are serious threats to dition has changed drastically, and gether by a shared destiny. If the laws our democracy. They skew decisions mostly for the worse. We are mired in this Senate passes are successful, ‘‘we and laws in favor of the rich and power- a disastrous war in Iraq despite the he- the people’’ benefit together. If those ful, often at the expense of other Amer- roic efforts and sacrifices by our Armed laws fail, we suffer together. Some icans: the hard-working people who pay Forces. The fiscal integrity of the Fed- Americans will suffer more than others their taxes and hope their elected rep- eral budget has been destroyed, with as unfair victims of social and eco- resentatives will look out for them in record-high annual deficits continuing, nomic injustices, but ultimately all Washington. It isn’t too much for them despite budget gimmickry and a mod- Americans cannot escape our common to expect. However, it is too often more est economic recovery. The Federal tax national fate. United we stand and suc- than they are getting. base has been decimated by huge tax ceed; divided we fall and fail. I regret- They are told repeatedly that new giveaways to the rich and superrich fully believe that during my Senate laws and policies will improve their that will burden our children and term this administration and its con- lives. Yet their real lives become grandchildren. The Social Security gressional followers have caused too worse, not better. They experience a trust fund’s surpluses have been spent many divisions, declines, and failures. deep disconnect between what they are every year on what the nonpartisan Thus, I leave the Senate with strong told will happen and what is actually Concord Coalition has called ‘‘the most feelings of frustration and disappoint- happening to them. reckless fiscal policy’’ in our Nation’s ment. I have been unable to pass most In attempts to hide those disparities, history. of what I believe was most important the words used in Washington are often The Bible says if the leaders don’t to Minnesota, to our country, and to carefully selected by very clever people lead, the people perish. Unfortunately, the world. I remain convinced that in order to disguise reality rather than the Bush administration and the Re- those policies would improve the lives to describe it. For example, legislation publican majority in Congress have not of most Americans far better than that stripped many Americans of their led this country well, and our people what the majority here enacted. bankruptcy protections for major med- are suffering the consequences: lost A cornerstone of democracy, which I ical expenses was named the Bank- jobs, businesses, and farms; lost in- honor, is that the majority prevails. ruptcy Abuse Prevention and Con- comes, standards of living, and secu- Winning, however, does not make them sumer Protection Act. Another bill rity; and lost loved ones killed or right and, unfortunately, it does not that would have increased industrial maimed in Iraq. make them wise. In those decisions pollution was entitled the Clear Skies We have lost the national unity with which I have disagreed, time will Act. No Child Left Behind has know- which followed the terrible atrocities tell us and the American people who ingly underfunded Head Start, title I, of September 11, 2001, and the Bush ad- was right and who was wise. and special education, which has left ministration has lost the world’s sup- I do want to thank my colleagues on millions of schoolchildren behind. port which they had after that awful both sides of the aisle for the privilege These discrepancies and the dispari- attack. The President’s decision to in- to serve these last 6 years with them. I ties they create will be even more de- vade Iraq unilaterally, the absence of am grateful for the friendships I have structive to the American people’s weapons of mass destruction that had made, which I hope will continue after trust in their Government in the years been the initial justification for that my departure. ahead. That is because the choices fac- invasion, and his administration’s dis- I thank my excellent staff, those here ing Congress will become even more astrous mismanagement of Iraq fol- in Washington and those in Minnesota, difficult as the needs of an aging popu- lowing the overthrow of Saddam Hus- for their tremendous dedication and lation grow but revenues do not. In sein has squandered most of our na- many hours of hard work. Most of the about a decade, the Social Security tional unity and international good- successes I have enjoyed here have trust fund’s large annual surpluses will will. been the result of their dedication and be replaced by deficits, and its IOUs The CONGRESSIONAL RECORD will their abilities, and I thank them again from the general fund will add to that show that I opposed those failed poli- for their support. fund’s own chronic deficits. If com- cies and supported other and better al- I especially want to thank the people bined with today’s enormous and ternatives. I was 1 of 23 Senators to of Minnesota who gave me this extraor- unsustainable balance of trade deficits vote against the Iraq war resolution. I dinary opportunity to serve them in and a continuing erosion of our manu- opposed the large tax giveaways to the the Senate. Our democracy is, through facturing job base, the consequences rich and superrich. In fact, during my 6 all of human history, throughout the could be catastrophic. years in the Senate, I voted 29 times to entire world, the most advanced and That somber forecast has replaced raise my own taxes. Why? Because our successful form of self-governance that my hope and optimism of 6 years ago

VerDate Nov 24 2008 09:34 Jan 27, 2010 Jkt 049102 PO 00000 Frm 00020 Fmt 0686 Sfmt 0634 E:\BR06\S07DE6.000 S07DE6 cprice-sewell on DSK2BSOYB1PROD with BOUND RECORD 22932 CONGRESSIONAL RECORD—SENATE, Vol. 152, Pt. 18 December 7, 2006 to my deep regret. Following the wis- be found. Dr. Von Eschenbach has told with the FDA staff after the press re- dom of ‘‘speak truth to power,’’ I me that there is room for improvement ported information that was critical of present my truth to the world’s most in the area of technology, but it does how the FDA handled safety issues powerful legislative body, the U.S. Sen- not appear that he understands the with the drug Ketek. I keep referring ate, and one of the two institutions depth and breadth of problems affect- to Ketek because it is a drug involved that must act to keep our Nation ing the Food and Drug Administration. in the death of an 18-year-old boy in strong. I hope that you will. I will pray The FDA is in serious trouble, and I Cedar Rapids, IA. As I understand it, for your wisdom to discern what is am not the only one saying so. Over Dr. Von Eschenbach sent a clear mes- right, for your courage to act accord- the last year, we have heard from the sage at this staff meeting. Some sug- ingly, and for your success on behalf of Government Accountability Office, the gested that this attempt was simply to our great Nation and the world. Union of Concerned Scientists, and just boost morale among FDA employees, Mr. President, I yield the floor, and I a few months ago we had a scathing re- but some longtime FDA employees saw suggest the absence of a quorum. port from the Institute of Medicine. it differently. They took his word that The PRESIDING OFFICER. The The Institute of Medicine completed anybody who spoke ‘‘outside the locker clerk will call the roll. a $3 million, 15-month study and set room’’ might find themselves ‘‘kicked The legislative clerk proceeded to forth 25 recommendations. This report off the team’’—literally. And I don’t call the roll. by the Institute of Medicine conveys a blame them for taking offense at that. Mr. GRASSLEY. Mr. President, I ask sense of urgency to fix the problems. People are trying to do their job, and unanimous consent that the order for Just last month at the Health, Edu- you talk about what is wrong and you the quorum call be rescinded. cation, Labor, and Pensions Committee might be fired for it? People like that The PRESIDING OFFICER (Mr. hearing, the chairman of the Institute ought to be upheld and honored. In the VITTER). Without objection, it is so or- of Medicine committee that produced final analysis, they ought to have their dered. the report said: concerns addressed within the agency Mr. GRASSLEY. Mr. President, for If there ever was a time that it was critical and not have to come to those of us in one final time, I wish to address the to address these issues, it is now. Congress because they are not getting nominee before us, Dr. Von The next Food and Drug Administra- any ear in the agency. So they took his Eschenbach, who is up for Commis- tion Commissioner must be a person message to mean: Your career is in sioner of the Food and Drug Adminis- who not only has excellent credentials, jeopardy if you happen to come to Sen- tration and who I think should not be as I have said he has, but who also will ator GRASSLEY or outside the agency or approved for the position by the Sen- accept the criticism of the agency and to any Member of Congress. To me, it ate. develop coherent solutions. shows his poor judgment and intoler- I have considered Dr. Von Here is what the Institute of Medi- ance for dissenting opinions and also Eschenbach’s performance on the job cine reported: for what is basic to American govern- for more than a year now because he The committee believes that cultural ment, that the public’s business ought was appointed Acting Commissioner in changes are urgently needed to support a to be public. September of 2005. In fact, over the last stronger, more systematic and more credible Dr. Von Eschenbach also told me year I have closely monitored his ac- approach to drug safety in the Center of Drug Evaluation and Review and it rec- that he was a man of ‘‘discipline, rigor tions, reactions, and his public and pri- and precision.’’ Those are his words. He vate comments to the FDA staff and to ommends solutions to the problems created or exacerbated by the elements of the Cen- used those same words in a speech: the public. ter’s management, structure and environ- We will retain all the rigor, all the dis- This nominee inherited a Food and ment. Drug Administration plagued by cul- cipline and all the precision of regulation, Now a short quote: but our efforts will be geared so that things tural and structural and personnel Many have observed signs of an organiza- can move faster rather than slower.’’ problems, and I surely do not blame tional culture in crisis. him for the problems, but I have to We can all agree that new drugs and Another quote: look at whether he is the person to cor- devices should be available to the pub- rect those problems. Because this agen- The Center’s leaders have to be prepared to lic as soon as possible, but there is also address the underlying cultural problems the issue of safety and the protection cy is plagued by these cultural and that divide and impair the optimal func- structural and personnel problems, of the public. The FDA must do its job tioning of the Center’s staff and effectively and ensure that the drug’s benefits out- FDA is in desperate need of a leader, a use the existing and new authorities and re- leader who can not only restore the sources to achieve the Center’s public health weigh its risks before approval. public’s confidence in the agency but and regulatory mission. My other concern regarding Dr. Von also restore the agency’s confidence in These criticisms of the Food and Eschenbach is that he assured me of itself. Drug Administration have come from his commitment to respond promptly I met with Dr. Von Eschenbach more outside the agency, not from whistle- to requests from Congress. That is a than once. We talked, and he seemed to blowers reporting to me. But I also promise which was never kept. So do I be very nice. He has, of course, without continue to hear from these employees have a reason to be concerned about dispute, excellent credentials. He inside and also from managers inside this person, regardless of the very good promised me full cooperation in my the Food and Drug Administration who credentials he has? My oversight of the oversight work I was doing and the in- were concerned about the integrity of FDA has consequently been slowed by vestigations I was doing, but, in fact, it the Food and Drug Administration’s inaction on the part of his agency. In did not happen. Instead, I had to issue work. What is also troubling is that fact, he has not responded to a letter I two subpoenas. So far, he has not com- some of these employees have experi- sent to him 9 months ago, and my re- plied with those subpoenas which were enced intimidation or reprisals for quests for interviews with some FDA issued 7 months ago. This reflects a voicing legitimate concerns. officials were ignored for more than 3 lack of respect for the authority of I have fought long and hard over the months and some still have not been Congress conducting its constitutional last two decades to protect the rights scheduled. As Acting Commissioner, he responsibility of oversight of the exec- of numerous whistleblowers who expose has ignored congressional requests, and utive branch of Government. fraud, waste, and abuse. When I met I do not expect that will change if he is In addition, under Dr. Von with Dr. Von Eschenbach in March, he confirmed by the Senate. Eschenbach’s leadership, the FDA re- told me that he was ‘‘committed to Before I close my remarks, I ask mains in a state of denial about all whistleblowers.’’ Yet his actions seem unanimous consent to have printed in these cultural problems to which I to suggest otherwise. the RECORD the full text of a letter I have referred. A coherent action plan The worst example may be when Dr. sent to the Acting Commissioner in to address the problems is nowhere to Von Eschenbach ordered a meeting September.

VerDate Nov 24 2008 09:34 Jan 27, 2010 Jkt 049102 PO 00000 Frm 00021 Fmt 0686 Sfmt 0634 E:\BR06\S07DE6.000 S07DE6 cprice-sewell on DSK2BSOYB1PROD with BOUND RECORD December 7, 2006 CONGRESSIONAL RECORD—SENATE, Vol. 152, Pt. 18 22933 There being no objection, the mate- entists working at the agency and a lack of toria Hampshire, a drug safety reviewer, rial was ordered to be printed in the respect for the scientific process. from the review of ProHeart 6, a heartworm In February 2004, the FDA held an advisory RECORD, as follows: prevention drug for dogs. Dr. Hampshire was committee meeting to discuss whether or reassigned following the drug company’s U.S. SENATE, not there was a link between some presentation of findings from its private in- COMMITTEE ON FINANCE, antidepressant drugs and suicidal behavior vestigation of Dr. Hampshire after the com- Washington, DC, September 20, 2006. in children. Dr. Andrew Mosholder, the pany met with then-Commissioner. It ap- ANDREW C. VON ESCHENBACH, M.D., FDA’s expert on this matter, concluded that pears the purpose of that investigation was Acting Commissioner, U.S. Food and Drug Ad- there was a link. However, his FDA super- retaliatory and an effort to discredit Dr. ministration, Rockville, MD. visors disagreed and canceled Dr. Hampshire. The company’s investigation led DEAR DR. VON ESCHNBACH: As a senior Mosholder’s presentation to the advisory to a criminal investigation by the FDA; how- member of the United States Senate and as committee. Instead, Dr. Mosholder was given ever, the investigation resulted in no action the Chairman of the Committee on Finance a script by his supervisors to read if he were taken against Dr. Hampshire. In fact, Dr. (Committee), it is my constitutional duty to asked why he was no longer presenting be- Hampshire subsequently received an award conduct oversight into the actions of execu- fore the advisory committee. for her job performance related to ProHeart tive branch agencies. For nearly three years, Similarly, in February 2005, Dr. David 6. I have been investigating matters related to, Graham was finishing a study on Medicaid Unfortunately; it appears that Dr. Hamp- among other things, the safety and efficacy patients taking COX–2 inhibitors and was shire is not the only FDA employee who was of products regulated by the Food and Drug told by his supervisors that he could not the target of a company’s campaign to dis- Administration (FDA or agency). present his findings regarding these drugs at credit individuals who may present impedi- I have reviewed and questioned how the an upcoming advisory committee meeting. ments to its agenda. Two months ago, I The scientific process ultimately prevailed, FDA handles the pre-market review and wrote to the Department of Health and but only after then-Acting Commissioner postmarket surveillance of drugs, biologics, Human Services Office of Inspector General Lester Crawford overruled Dr. Graham’s su- devices and veterinary medicines to assess (HHS OIG) to investigate whether or not one pervisors to allow him to present his find- whether or not the agency is fulfilling its or more FDA employees conspired with ings. This was not the FDA’s first attempt, mission to protect the public health. Addi- Merck to discredit Dr. Graham and/or call however, to muzzle Dr. Graham. Several tionally, I have worked to give voice to the into question Dr. Graham’s allegations re- months prior to the advisory committee concerns of a number of rank-and-file sci- garding the safety and efficacy of Vioxx. meeting, Dr. Graham went public with alle- entists and FDA managers who share a com- FDA’s handling of the antibiotic Ketek is an- gations about the FDA’s mishandling of the mon complaint: a deep-seated cultural divide other example where the FDA appears to COX–2 inhibitor Vioxx, which was manufac- exists within the FDA, and it has led to sys- have accommodated a drug company despite temic problems that plague the agency. To- tured by Merck & Co, Inc. (Merck). Accord- ing to Dr. Graham himself, as well as infor- the fact that the company submitted fraudu- gether we have shed sunlight on how fre- lent data from a safety study to the FDA and quently differences of scientific opinion are mation and documents obtained by the Com- mittee, senior FDA officials attempted to in- repeatedly provided incomplete safety infor- quashed, the nature of the cozy relationship mation. What baffles me even more is the between the FDA and the industries it is sup- timidate him so he would not testify about the adverse cardiac effects of Vioxx before fact that the FDA continued to cite Study posed to regulate, and the failure of the 3014 in publicly released safety information agency to be adequately transparent and ac- Congress. The FDA also tried to prevent the publication of Dr. Graham’s findings in Lan- for Ketek even after its Division of Scientific countable to the public. Investigations concluded that Study 3014 in- Others also have identified serious leader- cet. volved ‘‘multiple instances of fraud’’ and ship problems at the FDA. Editorial pages of In July 2005, the FDA approved the Vagus that ‘‘the integrity of data from all sites in- publications across the nation, including a Nerve Stimulation (VNS) Therapy System, a volved in [the] study . . . cannot be assured number of the most esteemed scientific jour- medical device for treatment-resistant de- with any degree of confidence.’’ nals, have recognized and expressed outrage pression (TRD), even when FDA scientists at the FDA’s failures in recent years. The could not determine if the device worked. PRESSURE TO ALTER OR EXCLUDE INFORMATION Government Accountability Office (GAO), Rather than allow the scientific process to Not only has the FDA disregarded and the independent and non-partisan agency dictate FDA’s decision, a senior FDA official downplayed important concerns and warn- that works on behalf of Congress and the overruled a team of more than 20 FDA sci- ings from its own scientists, but FDA super- American people, has also identified serious entists, medical officers, and management visors have also pressured some of these sci- and systemic problems at the FDA. Still, the staff who recommended against approval of entists to change their findings or conclu- the device based on their comprehensive sci- most powerful messages come from the in- sions regarding the safety and/or efficacy of entific evaluation of the sponsor’s applica- creasing numbers of current and former FDA a product. Most notably Dr. Mosholder and tion. In addition, while the FDA has pub- personnel, who often come forward at great Dr. Graham, among others, have been pres- licized differences of scientific opinion with- personal and professional expense to express sured by their supervisors to soften their in the agency regarding controversial regu- their disenchantment that the FDA has lost safety findings or conclusions regarding latory decisions in the past, in this case, the its way and ‘‘sold out’’ to the industries it is antidepressants and Vioxx, respectively. In FDA did not publicize scientific dissent re- charged to regulate. addition, a survey released by the Union of garding the effectiveness of the VNS Ther- In the face of such criticism, the FDA ap- Concerned Scientists (UCS) and the Public apy System for TRD. pears to be focused on damage control rather More recently, my office was approached Employees for Environmental Responsibility than addressing its core problems. As a by yet another FDA scientist who is being (PEER) on July 20, 2006, found that approxi- science-based agency, the FDA is remarkable prohibited from submitting an article to a mately one-fifth of the nearly 1,000 FDA sci- for its lack of introspection, second-guess- major scientific journal despite the fact that entists surveyed said that they had been ing, and failure to assess its own perform- an appropriate disclosure statement would asked, for nonscientific reasons, to inappro- ance and capabilities in a systematic way. be made. priately exclude or alter technical informa- Despite all the recent criticism, the agency tion or their conclusions. One-fifth said that COZY RELATIONSHIP WITH INDUSTRY does not have a comprehensive plan of action they have been asked explicitly by FDA deci- in place to address its weaknesses. Instead, I have frequently criticized the FDA for its sion-makers to provide incomplete, inac- the FDA comes off as an agency in denial relationship with the industry, which I be- curate or misleading information to the pub- that chooses to keep its head in the sand in lieve is far too cozy. The FDA needs to dis- lic, industry, the media and government offi- the hope its problems will go away. I am tance itself from the industry and return to cials. My Committee staff are presently re- writing this letter to encourage you to es- its role as regulator, not a facilitator. De- viewing such allegations in ongoing inves- tablish and implement a resuscitation plan spite findings from a Merck study that heart tigations. attacks were five times higher for Vioxx pa- to restore the FDA’s credibility in the mind PRESSURE TO APPROVE PRODUCTS of its own employees and the American pub- tients than for patients on another drug, Throughout numerous investigations by lic. An agency that hemorrhages whistle- nearly two years passed before label changes my Committee staff, FDA employees have blowers is an agency needing critical care. were made. The overriding concern of the also stated that they are under constant The following concerns are by no means FDA should have been the health and safety pressure to approve drugs within deadlines comprehensive, but they illustrate several of the American people. However, while the established by the Prescription Drug User common themes of my oversight of the FDA. FDA was negotiating label changes with the company, patients and doctors remained Fee Act. For example, during the Commit- SUPPRESSION OF SCIENTIFIC DISSENT largely unaware of the cardiovascular risks. tee’s investigation into the delay in labeling I am very troubled by FDA’s attempts to In addition, Merck was aggressively mar- changes regarding blindness risks for Viagra, suppress scientific dissent by muzzling its keting Vioxx during that time. the safety evaluator for that drug informed own scientists. Such actions by the FDA Another troubling example of FDA’s cozi- my staff that the Office of New Drugs is show a lack of respect for the dedicated sci- ness with industry is the removal of Dr. Vic- under such time pressure to approve new

VerDate Nov 24 2008 09:34 Jan 27, 2010 Jkt 049102 PO 00000 Frm 00022 Fmt 0686 Sfmt 0634 E:\BR06\S07DE6.000 S07DE6 cprice-sewell on DSK2BSOYB1PROD with BOUND RECORD 22934 CONGRESSIONAL RECORD—SENATE, Vol. 152, Pt. 18 December 7, 2006 drugs that safety concerns were often ‘‘fit The agency needs and deserves a strong, per- Susan and I wish to express our real in’’ wherever they could. According to a sur- manent Commissioner who is unequivocally thank-you for all the comments and vey by the HHS OIG in 2002, nearly one in committed to the scientific process and can contacts, expressions of hope, and five scientists polled said that they had been make the administrative reforms necessary prayers we have gotten from the Mem- pressured to approve or recommend approval to ensure greater transparency and account- of a new drug despite concerns about its safe- ability. While you are not the permanent bers in the Senate. It is very meaning- ty, effectiveness, or quality. This needs to be Commissioner of the agency, you are never- ful. It is the first time I have been corrected immediately, and FDA needs to re- theless in the position, as Acting Commis- through a thing of this kind, and I can sume its science-based mission. sioner, to turn things around and restore tell you that it means a great deal. We ATMOSPHERE OF FEAR OF REPRISAL public confidence in the FDA. I sincerely also got literally hundreds of com- According to the FDA, there are regula- hope you seize the opportunity to do just ments from our voters in Wyoming. So tions and procedures in place to help resolve that. we are so pleased, so grateful for that organizational and individual disagreements. Sincerely, kind of response. However, my Committee staff continues to CHARLES E. GRASSLEY, hear from FDA employees who experience in- Chairman. The process has gone well. As I said, I was in there for a month. I have gone timidation and reassignments when they Mr. GRASSLEY. The letter lays out raise concerns about the integrity of FDA’s through the chemo, I have gone work. In addition, the 2006 UCS and PEER the major problems at the FDA. I en- through the other activities and may survey found that over one-third of the FDA courage my colleagues to read it and, have to go back for some additional scientists who responded to the survey said maybe more important, emphasize treatments, but the fact is I am out, they could not openly express any concerns again reading the Institute of Medi- my blood cell count is up, and I am about public health within FDA without fear cine’s criticism of the Food and Drug of retaliation. Moreover, the GAO found that very positive. Administration. I want to urge people to be very care- the dispute resolution processes for disagree- The FDA needs a permanent commis- ments over postmarket drug safety decisions ful about their own health, and when ‘‘have not been used and may not be viewed sioner to tackle these problems. Unfor- there are signs of problems, to be sure as sufficiently independent.’’ tunately, I believe the nominee is not they take care of them because Be- Your recent meeting with FDA staff in- the person for the job. Over the past thesda was a wonderful place for me to volved in the review of Ketek is a disturbing year, the nominee has failed to step to example that FDA’s internal dispute resolu- be. the plate and failed to keep his assur- Again, my real purpose here is just to tion processes are not working. Instead of re- ances to me. He has said the agency assuring FDA employees that they can raise express my gratitude for all the kind concerns without being subjected to retalia- needs to be a facilitator, but think feelings I have had from the staff and tion or intimidation, the meeting itself ap- what the word ‘‘facilitate’’ means or from the Members of the Senate, and I pears to be an act of intimidation. Scientists what ‘‘being a facilitator’’ means. It appreciate it very much. It has been who speak up about problems and concerns, could mean a cozy relationship be- very helpful, and I am grateful. whether internally or externally, help ensure tween the FDA and industry. What is I suggest the absence of a quorum. that our government operates efficiently, ef- called for is someone who recognizes fectively, and in the best interest of the The PRESIDING OFFICER. The American people. FDA employees need to that the FDA is supposed to be a regu- clerk will call the roll. hear from the leader of the agency that they lator, not a facilitator. The legislative clerk proceeded to can freely voice their concerns without fear I am also afraid he will allow FDA call the roll. of reprisal. management to continue pressuring Mr. WARNER. Mr. President, I ask ORGANIZATIONAL CHALLENGES FDA scientists to change their findings unanimous consent that the order for The GAO report released on April 21, 2006, or conclusions and to approve the prod- the quorum call be rescinded. calls for long overdue reform at the FDA. ucts despite concerns about the safety The PRESIDING OFFICER. Without Under the current FDA review system, pa- and efficacy of the product. Dr. Von objection, it is so ordered. tient safety takes a back seat to the fast ap- Eschenbach is not prepared to provide HONORING SENATORIAL SERVICE proval of products. For example, the drug safety office, now known as the Office of Sur- the leadership necessary to restore Mr. WARNER. Mr. President, I have veillance and Epidemiology, is under the confidence in the FDA. had the privilege of being here for the thumb of the Office of New Drugs (OND), Given these concerns, I hope my col- 28th year beginning shortly. I cal- which is hampered by real and perceived con- leagues will take them in consider- culated not long ago that I have served flicts of interest. According to the GAO re- ation before they vote. I intend to vote with 261 individuals. I am not about to port, the drug safety office is under-funded, no. I hope my colleagues will so that try and review all of the many magnifi- lacks independence and lacks decision-mak- we can have a person in this position ing responsibility. OND—which is respon- cent friendships I am privileged to sible for approving or disapproving drug ap- who will change the culture but also have through these years. Indeed, if plications in the first place—is the office re- cooperate with the constitutional re- one looks at the rewards, of which sponsible for taking regulatory actions re- sponsibilities of the Congress of the there are many serving in this historic lated to the safety of drugs already on the United States to oversee the executive institution, the Senate, it is the per- market, not the drug safety office. branch. sonal bonds, the friendships that we so To improve the decision-making process I yield the floor. for postmarket drug safety, the GAO has rec- firmly cement and that will last a life- ommended that Congress expand the FDA’s The PRESIDING OFFICER. The Sen- time as a consequence of our duties of authority to require drug companies to con- ator from Wyoming is recognized. serving the United States of America duct postmarket studies when additional Mr. THOMAS. Mr. President, I would and in our respective States. data is needed. A number of us in Congress like to take just 5 minutes as in morn- We are called ‘‘United States’’ Sen- have repeatedly asked the FDA what addi- ing business. ators. I often believe it is the first obli- tional authorities and/or resources are need- The PRESIDING OFFICER. Without gation, our Nation, the Republic for ed to enable the agency to achieve its mis- objection, it is so ordered. sion. In a related matter, during private which it stands. meetings with FDA management, the need GRATITUDE FOR EXPRESSIONS OF CONCERN GEORGE ALLEN to have pharmaceutical companies submit Mr. THOMAS. Mr. President, I come For my colleague now of 6 years, their applications for new drugs and other to the Senate floor to express my grati- GEORGE ALLEN, this will be his last requests electronically comes up repeatedly tude for the response I have gotten service as a Senator as this brief ses- as critical to improving the efficiency and over the last month from my friends sion closes. I have said it before, I will effectiveness of the FDA. Yet, the FDA con- and neighbors in the Senate. tinuously denies the need for greater author- say it again and again, I rank him at ity and resources. Why the FDA is resisting As many of you know, about on elec- the very top of the 261 Senators I have such offers from Congress is a mystery to tion day I was diagnosed with leu- been privileged to serve with these me. kemia, and I have spent the last month many years. LACK OF LEADERSHIP in the hospital. I got out last Saturday, In fact, I have looked back at the his- The FDA has been without a permanent and I am now back on the job, and I am tory of Virginia and would like to note leader more often than not in recent years. very delighted to do that. Certainly for the record that my colleague,

VerDate Nov 24 2008 09:34 Jan 27, 2010 Jkt 049102 PO 00000 Frm 00023 Fmt 0686 Sfmt 0634 E:\BR06\S07DE6.000 S07DE6 cprice-sewell on DSK2BSOYB1PROD with BOUND RECORD December 7, 2006 CONGRESSIONAL RECORD—SENATE, Vol. 152, Pt. 18 22935

GEORGE ALLEN, is one of only five Vir- to the Senate and as a result, Judge Oh, please, please, please. It is not ginians to have served in the Virginia Roger Gregory was confirmed by the school property. I said: Oh? She said: General Assembly, as Governor, as a Senate to become the first African Yes. Senator, you must understand Member of the House of Representa- American seated on the Fourth Circuit that as teachers—and this is prevalent tives; and as a U.S. Senator—the first of the U.S. Court of Appeals. not only in Virginia but it is prevalent in more than 150 years of our State’s We were working partners. We shared all across the land, particularly among history. everything—our staffs work together, teachers in the elementary grades—we Together, we have shared a long his- our wives work together—and we criss- have to take part of our own salary to tory of serving the people of Virginia— crossed this State from one end to the buy what we deem are the essential I as a Senator and he as a member of other over those 6 years. When either tools that are needed to educate our the Virginia House of Delegates, House GEORGE ALLEN or I felt, for whatever students. of Representatives, Governor, and U.S. reason, we could not keep an appoint- Well, I just could not believe this, be- Senator. I remember participating in ment somewhere in the State, one cause teachers are not among the more his first campaign and all the succes- would fill in for the other. well paid. So GEORGE ALLEN and I sive campaigns. GEORGE ALLEN served We were quite parallel in our think- fought for years to get the Teacher Tax the Commonwealth of Virginia in pub- ing, the philosophy, the things so im- Relief Act signed into law. It is on the lic office for 25 years. How well I know. portant to Virginians, and I think to books, and we need to extend it, and I I campaigned for him when he ran for most Americans, first and foremost the am optimistic that will be done. But it the State legislature, then for the Con- preservations of our freedoms, a strong simply says, if you can establish that gress, then for Governor, and he won national defense, a right to work, to you took your own salary and you those elections handily. Then he ran hold a job and to compete fairly, to bought school supplies which were nec- for the Senate. It was a tough race. hold that job and to advance, to have a essary for teaching and the profession Tough because he was up against a system of health care that did not you are in, you get a $250 above the very able opponent, a man whom I ad- serve only those more affluent than line deduction—a small amount of mire, a man with whom I have served others but would serve any individual money, but a great sense of satisfac- with in this Chamber. But the voters of who suffered from pain or the need for tion. Virginia—and therein rests the final medical attention. GEORGE has been a strong member of the Commerce and Foreign Relations decision—sent GEORGE ALLEN to the We have joined together in countless Senate where I believe he has served efforts for Virginia’s communities; Committees seeking to make our na- tion a better place for business, ulti- with great distinction. helping to fund museums, youth cen- I have been privileged to share the ters, innumerable infrastructure mately creating more economic oppor- warmth and vigor of this magnificent projects, and research at our colleges tunity for all Americans. We joined together after the tragic man with his lovely wife Susan and and universities. We also worked to- events of September 11, 2001, to try to their children, Tyler, Forest, and gether on the Teacher Tax Relief Act. help the people of Northern Virginia Brooke. What a privilege, a joy for me I am very hopeful if we pass this tax and indeed all America respond and re- to see them as they have grown nour- package, there will be a provision that cover. ished by the love of two strong parents. GEORGE and I worked on together for We worked on behalf of the men and In 1981 he was elected to the Virginia many years, to be extended in statute; women of the Armed Forces. How House of Delegates to the seat once and that is, the Teacher Tax Relief proud we are in the Commonwealth of held by his philosophical inspiration, Act. I will never forget, I was down vis- Virginia of the extensive number of Thomas Jefferson. Throughout his ca- iting a small school. And as is so often bases and institutions of the U.S. mili- reer in public office, GEORGE ALLEN has the case, you are rushed through, and tary which we are privileged to have. consistently been guided by that same the teachers and the principal want There is no greater responsibility of inspiration of smaller government and you to meet as many students as you the Congress of the United States than individual freedom. He has also been possibly can. It is always quite inter- its specific—specific—obligation under driven by the thoughts of two other esting to do that. the Constitution. As my great teacher I remember I was rushed into one leaders important to him; Ronald and mentor, Senator BYRD, so often has Reagan who said ‘‘If not us who, if not class, and I think they were first grad- told me, that is to provide for the care now when?’’ and his father who always ers. They were all sitting on the floor, and the welfare, and to raise the ar- told him ‘‘The future is now.’’ and the principal said: You have a few mies and maintain the navies that this Throughout his career in public serv- minutes. So I started talking away, Nation requires. GEORGE ALLEN has ice GEORGE has worked as an advocate and I asked the first graders: Is there a been a partner with me as we have of economic development, recruiting question you might have? And this ab- done those things for these many companies to Virginia and espousing solutely magnificent little girl, who years. policies to create jobs. As Governor, he sat there riveted to every word I spoke, In life we go through a series of oversaw the creation of 312,000 new jobs looked up and said: Yes. My question stages. We are raised and nurtured by in Virginia by making the Common- is, how much longer must we sit here our parents, receive an education, raise wealth a better place to do business. He until the Senator comes? Well, you a family of our own, and serve in var- reformed the parole system to keep re- don’t forget those things. And I had ious careers. GEORGE ALLEN and his peat offenders off our streets and out of difficulty answering the question, I was family have been public servants to the our neighborhoods. His welfare reform so taken aback. I felt I was universally people of Virginia and America for the set the stage for the Congress to act to recognized, but it is not the case in the past 25 years. The people have been for- help people get back on their feet and first grade. tunate to have such a dedicated Dele- get back to work. He implemented the Then I was in another classroom, and gate, Congressman, Governor, and U.S. Standards of Learning in our schools to for some reason I—I went through Senator. I am proud to have served make sure all of our children receive basic engineering school, and I have al- with this man and to call him my the same quality education. ways been interested in pencils and friend all these years. Therefore, I bid I remember well our first effort to- writing instruments—and I saw a pen- him a fond farewell from this institu- gether when he came to the Senate in cil, a rather fancy one, and I picked it tion. But I look forward to working 2001. As is often the case here in the up, and the teacher saw that I liked it, with him as he goes on and accepts Senate, there had been some problems and she said: Take it. Keep it. I said: challenges perhaps even greater than confirming a federal judge who was ul- Oh, no, I don’t take any gifts or any- the ones he had in the years that he so timately recess appointed in late 2000. thing. You know, we have rigid rules in loved serving in this Chamber. We came together and worked with the the Senate, and nobody is going to The people of Virginia spoke, and President to bring his nomination back bribe me with a pencil. And she said: GEORGE ALLEN, with great courage,

VerDate Nov 24 2008 09:34 Jan 27, 2010 Jkt 049102 PO 00000 Frm 00024 Fmt 0686 Sfmt 0634 E:\BR06\S07DE6.000 S07DE6 cprice-sewell on DSK2BSOYB1PROD with BOUND RECORD 22936 CONGRESSIONAL RECORD—SENATE, Vol. 152, Pt. 18 December 7, 2006 took that decision and quickly said: I Now, I will speak a few words about and women of the Armed Forces. Those understand. He accepted it and has our colleague LINCOLN CHAFEE. I have were the two things on which he gone on about his business. known the Chafee family for many worked. And as luck would have it, his I would also like to pay tribute to years, and count the late John Chafee son came to join us, and he has so nine other United States Senators who and his wife Virginia as my dearest many of those magnificent attributes will retire from the Senate in the com- friends. of his father and his mother. An abso- ing days. The year was 1969, this country was lutely magnificent human being, his I have previously spoken in honor of engulfed in a war in Vietnam, and I mother, and all his family, as a matter my colleague from the neighboring was privileged to be asked to serve as of fact. state of Maryland, Senator PAUL SAR- Under Secretary of the Navy. I was It is my honor to share with my col- BANES. Since my first days in the Sen- told that the Secretary of the Navy, leagues some of the important accom- ate, Senator SARBANES and I worked who would be my boss one step up, plishment of LINCOLN CHAFEE during together on a host of important re- would be a man named John Chafee, his 7 years as a member of this body, gional initiatives, including: the res- former Governor of the State of Rhode and to personally express my apprecia- toration of the Chesapeake Bay; im- Island. tion for his service to our country. provements to our Metro system; the I will never forget we both served in Senator LINC CHAFEE came to the creation of the office of the National the Marines, at different times. He was Senate from local government serving Capital Region Coordinator; and on a captain and I was a captain in the on the city council and later as mayor funding for the construction of the new Marine Corps Reserve, and we met on a of Warwick. I believe it is this experi- Woodrow Wilson bridge. His retirement cold day in February outside the Pen- ence of leading a major city that so- is certainly a loss to the region as Sen- tagon, shook hands, and walked up- lidified his commitment to fiscal re- ator SARBANES has been a true cham- stairs. And there we were greeted by sponsibility. In his service in the Sen- pion of many issues vital to the Mary- the Commandant of the Marine Corps ate he was steadfast in his belief to re- land, Virginia, and DC metropolitan and the Chief of Naval Operations. store controls on the federal budget area. Chafee turned to me, and he said: and to promote responsible government Now, I would like to take a few mo- You know, the Navy and the Marine spending. ments to salute our majority leader— Corps constitute almost a million uni- We were privileged to serve together Senator FRIST—as well as Senators formed men and women. It was that on the Committee on Environment and CHAFEE, BURNS, SANTORUM, DEWINE, large in the height of the war in Viet- Public Works where he quickly became JEFFORDS, TALENT, and DAYTON. Each nam. And he said: Here we are, a couple a skilled legislator. He successfully au- and every one of these U.S. Senators of lowly captains, and now it is our re- thored legislation to stimulate the re- has served his State and his country sponsibility. Let’s square our jaws and development of brownfields areas pre- with great distinction. stick out our chins, get this job done, viously contaminated by hazardous Without a doubt, I could speak at- and provide the leadership that these waste, that plague our urban areas. length in honor of each of these out- men and women of the Armed Forces This law is already producing results in standing individuals. In light of time so richly deserve. improving neighborhoods and bringing constraints, however, and the fact that John Chafee was an absolute teacher new industries back to urban areas. so many of my colleagues wish to simi- and mentor of mine in every way dur- Senator CHAFEE was also a leading larly pay tribute, I shall endeavor to ing those years we worked together in voice in fostering bipartisanship in the keep my remarks brief. the Department of Defense. He would Senate, and was an active member of First, I would like to say a few words take his trip to Vietnam. I would stay our informal group of Senators known about our distinguished majority lead- back and man the store. He would re- as the Gang of 14. We were a group of er, Senator BILL FRIST. You know, in turn, and I would take my trip. We had seven Republicans and seven Demo- this post-September 11, 2001, world, we problems throughout the world. It was crats, but we had no formal standing in think of national security as the most in the middle of the Cold War with the the Senate. We would meet regularly important issue of the day. Certainly, Soviet Union. John Chafee was a mag- to share our thoughts on judicial nomi- BILL has worked hard in that area over nificent man. He had been Governor of nees pending on the Senate Calendar to the years—not only as majority leader the State of Rhode Island three times, ensure that the Senate could continue but as a hard-working member of the and he was a magnificent leader of the its responsibilities under article II, sec- Senate Foreign Relations Committee. men and women of the Armed Forces. tion 2, of the U.S. Constitution—the But, right behind national security He decided that he was going to move advice and consent clause. Senator comes the issue of the health of our on and consider running for the Senate, CHAFEE was an integral part of this ef- citizens, and BILL FRIST has been at and resigned, and I succeeded him then fort which allowed candid and respect- the forefront of every major piece of as Secretary. But I never lost the feel- ful discussions of the qualifications of health care legislation during his 12 ing that he was right there, should I individuals to serve in the federal judi- years in the Senate. need him to help carry out my duties. ciary and prevented the continued use Whether it has been ensuring that And then, as luck and good fortune of party-led filibusters on judicial America’s seniors have access to a would have it, he came to the Senate, nominees except in extraordinary cir- sorely needed Medicare prescription and not too many years thereafter I cumstances. drug benefit or whether it has been his came to the Senate and once again LINC CHAFEE will be remembered in efforts to encourage the use of new joined him. this institution for his independence. technology in medicine so that the I will never forget my first day in the We all fight to try to maintain that knowledge of one doctor in one part of Senate he came up to me and said: Do independence. We are respectful of our the world could help a doctor and a pa- you remember I was Secretary and you party leadership. We are respectful of tient in another part of the world, BILL were Under Secretary? I said: Yes, sir. our party affiliations. We know the de- FRIST has improved the healthcare sys- He said: Well, that’s the way it’s going mands of our State. But there are tem for all Americans. to be here for a while. You listen to times when we feel we must act and The Senate will no doubt miss BILL what I say and what I do, and I will make decisions that reflect our own in- FRIST’s leadership, but I have no doubt give you some advice as we go along. nermost feelings of independence, and that his public service will continue, That was the kind of man he was. I LINCOLN CHAFEE will be remembered particularly his heartfelt healthcare never heard him speak a harsh word for that. work in impoverished areas of the about any other colleague. But he As Senator CHAFEE prepares to de- world. I wish him, and his magnificent achieved his special niche in this insti- part the Senate, I thank him for his wife Karen all of the best in their fu- tution through his absolute love for meaningful contributions to the Sen- ture. the environment as well as the men ate, and wish him, his wife Stephanie,

VerDate Nov 24 2008 09:34 Jan 27, 2010 Jkt 049102 PO 00000 Frm 00025 Fmt 0686 Sfmt 0634 E:\BR06\S07DE6.000 S07DE6 cprice-sewell on DSK2BSOYB1PROD with BOUND RECORD December 7, 2006 CONGRESSIONAL RECORD—SENATE, Vol. 152, Pt. 18 22937

and his children, Louisa, Caleb and mind that RICK SANTORUM’s passion, formation of the CNO’s plan for a 313- Thea, ‘‘fair winds and following seas.’’ enthusiasm, and leadership will be ship Navy. He showed steadfast deter- Now, Mr. President, I wish to say a missed here in the Senate. mination in working with the adminis- few words about CONRAD BURNS. Sen- Senator MIKE DEWINE has been in tration and the Congress to secure the ator CONRAD BURNS has an impressive public service nearly his entire adult funding required to build the future record of public service, beginning with life. He was an assistant prosecuting Navy; spearheading the effort to raise his service in the U.S. Marine Corps attorney, he has held various state the top-line for shipbuilding by over 20 from 1955 to 1957. CONRAD has served elected positions, he was a member of percent during the course of his tenure the great State of Montana with dis- the U.S. House of Representatives, and as Seapower Chairman. tinction in the U.S. Senate since 1989. most recently, since 1995, he has served Senator TALENT has also been pas- I will never forget when his first the state of Ohio in the U.S. Senate. I sionate in his support for the needs of campaign came along, I was asked to am pleased to have served on the HELP our brave men and women in uniform; go out and campaign with him. I ac- Committee with Senator DEWINE championing quality-of-life and qual- knowledged I would do it. I didn’t know where we worked together on various ity-of-service initiatives. Most notably, him, so I went on out to Montana. I children’s health issues. There is not a he has been a strong advocate for legis- had been in Montana in earlier years. I bigger champion of children’s health lation that will put an end to preda- had been actually an employee of the than Senator DEWINE. Senator DEWINE tory lending practices against military U.S. Park Service and had been a fire- was also an instrumental member with personnel and their families. fighter out in Montana in 1943 and then me on the Gang of 14. Throughout his Senator DAYTON was elected to the again in 1947, I think it was. years in the Senate, Senator DEWINE Senate in 2000, and throughout his Most recently, in August I toured has proven to be a thoughtful, highly years in the Senate I have had the Malmstrom Air Force Base with Sen- respected member who has always been privilege of serving with him on the ator BURNS. On this tour, I saw first- willing to do what is right. In my view, Senate Armed Services Committee. As hand the love and pride that Senator he is a true statesman. a hard-working member of that Com- BURNS has for the people of his State. From 1956 to 1959, Senator JIM JEF- mittee, MARK was a strong advocate As a senior member of the Senate De- FORDS served in the United States for our armed forces. Notably, he was a fense Appropriations Subcommittee, he Navy. He later served in the Naval Re- strong supporter of increasing the has worked tirelessly for the men and serves. In 1989, after JIM had served the death benefit gratuity for survivors of women in the Armed Forces. citizens of Vermont in State positions deceased members of the Armed Forces And old CONRAD—he embodies all of and in the United House of Representa- from a little more than $12,000 to those great qualities of Montana. Talk tives, JIM was elected to the United $100,000. Thanks in part to his efforts, about independence, he has it, and States Senate. In the Senate, I have this increased death benefit gratuity is robustness, and a thirst for life and been pleased to work closely with him, now law. Senator DAYTON also reached across laughter. It was a sheer joy to cam- particularly in serving with him on the the aisle and worked closely with me in paign with CONRAD BURNS because Health, Education, Labor, and Pen- support of efforts to provide Medicare wherever he went, he would walk into sions Committee and on the Environ- beneficiaries with a prescription drug a room and he would tell a story, talk ment and Public Works Committee. benefit. Together, we introduced legis- to his people. JIM chaired both Committees during lation to provide America’s seniors He loves every square foot of that his years in the Senate. with a refundable tax credit to help off- State. And I shall miss him. I shall While Senator JEFFORDS legislatively set the costs of prescription drugs. dearly miss CONRAD BURNS. We have to had many interests, I believe that im- In conclusion, over the years I have have a few characters around here who proving the education of our children, served with each of these 10 Senators, do our duties and accept our daily particularly children with special each has not only been a trusted col- bread, and he is one. And you could needs, is the issue most dear to his league, each has also been my friend. I kind of go to the bank on what he told heart. I remember him time and time will miss serving with each of them in you. He was never at a loss for telling again on the floor of the United States the Senate but know that each will a story to cheer up a colleague. When- Senate pushing for increased funding continue in public service in some ca- ever he felt that colleague was a bit for the Individuals with Disabilities pacity. I wish each and every one of down, CONRAD would cheer that col- Education Act, IDEA. And, I remember them well in the years ahead. league up. He and his lovely wife and joining him, and others, in pushing Mr. President, I see a number of col- family will go on to other challenges. hard for mandatory IDEA funding after leagues here anxious to speak, and I Senator RICK SANTORUM has an im- it became clear that the Congress have taken generously of the time the pressive record of public service. Sub- would be unable to fulfill its funding Presiding Officer has allowed me to sequent to his service in local and state commitment through the discretionary speak. government, he was elected to the funding process. While, to date, we I yield the floor. United States House of Representa- have not achieved full funding, it is The PRESIDING OFFICER. The Sen- tives. In 1994, RICK was elected for the without question that JIM JEFFORDS’ ator from Florida is recognized. first time to the United States Senate. Senate career has left a lasting, posi- Mr. NELSON of Florida. Mr. Presi- From his first day in the Senate until tive imprint that will improve Amer- dent, I am mindful that the majority 2002 we had the opportunity to serve ica’s education system for years to leader will be coming here in approxi- together on the Senate Armed Services come. mately 6 minutes to speak, and I am Committee. Throughout his time on Over the past 4 years, I have been for- looking forward to his comments. that Committee, and since he left the tunate to have been given the oppor- Mr. President, I want to say that one Committee, RICK could always be tunity to work closely with JIM TAL- of the great delights of being a part of counted on for his deliberate and rea- ENT on the Senate Armed Services the Senate is to sit at the knee of such soned decisionmaking to ensure the Committee. Since his first day on the great leaders, such as the senior Sen- best possible policies for the men and Committee—JIM TALENT has been one ator from Virginia, and to learn from women in the armed forces. Since 2001, of the hardest working Committee him and to hear the stories that so Senator SANTORUM has also played an members. often he can weave into any cir- important role in the Senate leadership As chairman of the Seapower Sub- cumstance that is facing us, that has as Republican conference chairman. As committee, Senator TALENT has been some application of a story he had en- conference chairman, Senator at the forefront of the Committee’s ef- countered in the past. I thank him for SANTORUM has tirelessly represented forts to strengthen the Navy’s ship- his leadership. I thank him for his con- the Republican Party as the party building program, working closely with tribution. And I thank him for being a spokesman. There is no doubt in my the Chief of Naval Operations in the mentor to so many of us in this Senate.

VerDate Nov 24 2008 09:34 Jan 27, 2010 Jkt 049102 PO 00000 Frm 00026 Fmt 0686 Sfmt 0634 E:\BR06\S07DE6.000 S07DE6 cprice-sewell on DSK2BSOYB1PROD with BOUND RECORD 22938 CONGRESSIONAL RECORD—SENATE, Vol. 152, Pt. 18 December 7, 2006 WATER RESOURCES DEVELOPMENT ACT The VICE PRESIDENT. Without ob- But I did come believing deeply in Mr. NELSON of Florida. Mr. Presi- jection, it is so ordered. the promise that I had made. I believed dent, in the remaining moments here, I FAREWELL TO THE SENATE in my heart that with determination— want to say one of the things this Sen- Mr. FRIST. Mr. President, about 2 and I had seen it in surgery and in the ator will address in the next Congress months ago, late Sunday afternoon, operating room—one can make a dif- is the fact that we did not pass a Water when no one was around, I came into ference in this world. Today, I look Resources Development Act, which has this Chamber to carry out a time-hon- back and I see that I was only half so many important projects for this ored tradition, nearly as old as the in- right. One person can make a dif- Nation. We have not had a Water Re- stitution itself. I came over to this ference, and each of us do in our own sources Development Act bill since desk and I opened the drawer and the ways. But to make a difference, we 2000, and we are suffering for it. tradition of carving your initials or can’t do it alone. As to this great ecological restora- your name into the bottom of that I certainly couldn’t have done it tion project down in my State, the drawer was carried out. As you open without people who stood both behind Florida Everglades Restoration these drawers, as many of us do when me and with me over the last 12 years. Project, there are two critical projects we are sitting here listening and debat- I agree with all of my colleagues. I in this WRDA bill—the Indian River ing, you tend to look at the names that know they know Karyn. And, indeed, Lagoon and the Picayune Strand. The are there. I see Robert Taft at the bot- she has honored me by her unwavering Indian River Lagoon is a 156-mile-long tom of this drawer, Hugh Scott, Ever- love each step along the way. Her grace estuary that I grew up on as a boy. It ett Dirksen, Howard Baker, Bob Dole, in carrying out her official responsibil- runs from basically just north of Cape TRENT LOTT, and the list goes on. And ities, her commitment to the develop- Canaveral all the way south to Palm with the quiet here, you begin to re- ment of character in our three boys, Beach County. It has been altered by flect a little bit. But then all of a sud- unnaturally large and poorly timed her moral support, her spiritual sup- den you start thinking, as you are port for me and our family, she has freshwater discharges arising out of carving your name into that drawer, the St. Lucie Canal. They have altered been that guiding river that has kept that there aren’t very many things the water quality and depleted the us on course as we traveled two very that you leave that are permanent water supplies in the Everglades eco- different professions occupations: that around here, but that is one. of being a heart surgeon and that of system. So that is one project that is It confronted me, as it hits me with going to be necessarily addressed in the serving as a U.S. Senator. such force today, that our time here, Our three boys most of you know as new Congress. There are many compo- indeed, is temporary, and that we are nents to that project. The Everglades well. You have watched them grow up here to occupy these seats at these over the last 12 years: Bryan, Jona- restoration is an $8 billion project over desks just for a period of time. We can 20 years, shared by the Federal and the than, and Harrison. Obviously, we are never forget that we don’t own these State governments. so proud of each of them. I will speak seats. We don’t own our presence in The other major project—I will close directly to them because they, as with with this—is the Picayune Strand res- this U.S. Senate. It is with that rec- anybody growing up, faced the huge toration project. It is going to remove ognition that I address my colleagues challenges of growing up in public life, roads and canals and other infrastruc- today. taking in stride the various swipes that I have reflected a lot over the last ture to increase freshwater flows. It en- the media takes from time to time, but several weeks, and I think back to that compasses 94 square miles in Collier doing so with real dignity and nonpolitician who came to this city, County, FL, and it includes such things strength. The boys know that Ten- this body, 12 years ago with a whole lot as the Florida Panther National Wild- nessee is home. They have been able to of hope for the people of Tennessee and life Refuge, the 10,000 Islands National take in the rich texture that is af- a whole lot of hope for this country. I Wildlife Refuge, and many others. forded all of us as we raise children think back to the people who put their These ecosystem protections and al- here in this town. And they have grown trust in that man’s hands. terations are absolutely necessary for from three young boys when we came the future of keeping this beautiful Indeed, it was 12 years ago that Karyn and I came to Washington. I here to three young men. planet Earth and protecting this very I want to thank staff members, and fragile ecosystem. came as a citizen legislator with abso- lutely no, no political experience. I was we never do that enough, those staff BUILDING CONSENSUS members who have been with me from Mr. NELSON of Florida. I thank my a doctor. I spent 20 years in the profes- sion of healing. In my acceptance the very beginning: Emily Reynolds, colleagues for allowing me the time. As Ramona Lessen, Bart VerHulst, Cornell we are awaiting the majority leader to speech back 12 years ago, I pledged at that time to my fellow Tennesseans Wedge, Mark Winslow, and Carol Bur- arrive, I might say that since many roughs. I thank my series of chiefs of Senators are here, I want them to that Karyn and I would go to Wash- ington, that we would serve for 12 staff: Mark Tipps, Lee Rawls, Howard know what a great privilege it has been Liebengood, Eric Ueland, Andrea Beck- for this Senator to serve with each of years, for a limited amount of time, and that we would go back to Ten- er, Bart, and Emily, and all those who you and to serve in a bipartisan way. have come in and out of these doors One of the messages of this election I nessee and live under the laws that we helped enact. And that is exactly what since that very first day 12 years ago have just come through is that people when, yes, I, like somebody every do not want this partisan bickering we will do. We are going to go back to Tennessee in a few weeks, and I am cycle, was 100th in seniority. It is the they have seen. They want us to come staff that puts the needs of this coun- together, to build consensus, to per- going to live in the very same house that I was born in 54 years ago. try before their own needs. And with a form, and to do it in a bipartisan way. lot of hard work and a lot of passion This Senator is dedicated to doing that I still remember coming to the Hill early on, and I know a number of new and a lot of hope, they have accom- from now on. plished so much. I yield the floor. colleagues are coming to the Hill. I Mr. REID. I suggest the absence of a think back, and my former chief of A few moments always stand out in quorum. staff, who was very green at the time— my mind, and I will not recite all of The PRESIDING OFFICER. The I just told you how green I was at the them, but a few do stand out in my clerk will call the roll. time—I remember standing right in mind, victories like the $15 billion in The legislative clerk proceeded to front of the Capitol, and we had to stop funding for global HIV/AIDS, which I call the roll. somebody and ask: Where is this build- have seen firsthand the power in the Mr. FRIST. I ask unanimous consent ing called the Russell Building? And hundreds of thousands and, indeed, I that the order for the quorum call be they told us. Luckily, I don’t think would say millions of lives that have rescinded. they knew who I was at the time. been saved by American leadership

VerDate Nov 24 2008 09:34 Jan 27, 2010 Jkt 049102 PO 00000 Frm 00027 Fmt 0686 Sfmt 0634 E:\BR06\S07DE6.000 S07DE6 cprice-sewell on DSK2BSOYB1PROD with BOUND RECORD December 7, 2006 CONGRESSIONAL RECORD—SENATE, Vol. 152, Pt. 18 22939 there; the prescription drugs for sen- Twelve years ago, it was people in I hope that in some way, as I leave iors; confirming John Roberts and Sam Tennessee who took a big chance, who here, that my service—people may say Alito. took a great chance. They took a it was effective or ineffective, and that And through all of this time, we have chance on a doctor who was little is all very important—is an example of borne witness to days that have lit- known, who had never served in public someone who had never, ever run for erally changed the face of this Nation office, obviously had never run for pub- public office, never served before, and and the face of this Capitol, things like lic office. They began by opening their who had spent his lifetime—in fact, the Capitol shootings, minds and then opening their homes twice as much time as I spent in the September 11, anthrax and ricin, and and then opening their lives and then Senate—pursuing another profession, Katrina. But through all of that, we opening their hearts. And I am eter- coming here like so many people today kept it the best way we could, with nally grateful to them for giving me and starting at 100th in seniority over hard work and a lot of hope. that trust and taking that chance. in the basement of the Dirksen and ris- I thank my colleagues who placed On this floor many times I have men- ing to majority leader over that 12- their faith in me to serve as their lead- tioned my parents and I mentioned my year period; an example of a com- er. As I said four Decembers ago, when dad. Dad used to say: It is a powerful mitted doctor who is able to find pur- you elected me, it was and has been thing to know where you are going in pose and fulfillment in serving others, ever since, every day, a very humbling life, but it is equally powerful to know as all of us do as Senators, through experience. On that day 4 years ago I where you have come from. elected office. I hope that will inspire quoted Proverbs: In his heart a man To the good people of Tennessee, I others to seek office and to do public plans his course, but the Lord deter- thank you for never letting me forget service. It is my hope that those who mines his steps. where I have come from. You never let come to serve after me as a true citizen And what fulfilling steps have been me forget those promises made on the legislator will bring perspective and afforded me as leader. I cannot let trail over a decade ago, the promises new ideas in a small way, a serendipi- today pass without expressing grati- that have been the heart of everything tous way, or maybe a large way, and tude for the close friendships of people that we have done. Yours are the make this country a little better and who are here and some people who have voices that have called out to me from contribute to this institution. passed through this Chamber: Howard Mountain City in east Tennessee to You have heard me talk about, and Baker, the great Republican leader Memphis in the west, the people out champion at times, term limits. Most from Tennessee whose shoes as major- there who are working hard every day people don’t like them. They were pop- ity leader I have done my best to fill. to raise a family, to grow a business, to ular for a period of time. I am a great He has counseled me over the years run a farm, to get ahead. As long as I believer in self-imposed term limits. both as a Senator and as leader. His live, I will never forget those voices. Every morning you get up, you say I sage advice I have relied upon many Those voices are clear, those voices of have 3 more years, 2 more years, or 1 times in those capacities. common sense that called out and year, or a half year, or 10 days, and you You have to be very careful going counseled me time and time again. know that as every day goes by. If you around a room, but behind me, people Two people who won’t hear me thank don’t have an understanding that there like PETE DOMENICI, who became a them today are two who were at my can be an end, you tend to forget that. mentor to me on that very first day in swearing in but who have since passed Self-imposed term limits are the ex- 1995; and people like JOHN WARNER, on: my parents Dorothy and Tommy treme exception here today, not the whom we saw in action just a few min- Frist. They have left a fascinating leg- practice of this city. I think as a con- utes ago on the floor and, yes, on the acy that the five children—I am the sequence we are moving toward a body Gates nomination; and former Sen- last of those five—have been the bene- that has too much of a 2-year vision, ators, people like Don Nickles who so ficiaries of, a legacy of honesty, of ci- governing for that next election, rather wisely set the stage for the Republican vility, of fairness, of hard work, and of than a body with a 20-year vision gov- tax cuts of the last several years; my service. And we all—at least I try to— erning for the future. colleague and confidante, MITCH struggle to capture what they did in As we consider the future of the in- MCCONNELL, whose wisdom and service passing that legacy on to our children. stitution, I urge that we ask ourselves has been indispensable to leading the My own brothers and sisters, Mary, what it is our forefathers envisioned. Is Republican majority, who ascends in Bobby, Dottie, and Tommy, all in their today’s reality what they foresaw? I party leadership, who will be sitting at own way, with their children and urge that we consider our work in this this desk in a few weeks, a tempera- grandchildren, have been successful in Chamber. What is it all about? Is it ment and skill with which no one is living lives of service to others. Many about keeping the majority? Is it about better prepared; my Tennessee col- friends are here today, including Jean red States versus blue States? Is it leagues, Fred Thompson and now Ann and Barry Banker and Denise and about lobbing attacks across the aisle LAMAR ALEXANDER, two great states- Steve Smith. It is that friendship, that or is it about war rooms whose purpose men with whom I have had the honor team, that gives people, I believe, the is not to contrast ideas but to destroy to work side by side as we have ad- strength and foundation to carry out or is it more? When the Constitutional dressed the needs of our constituents. that mission of serving this great coun- Convention met in 1787, delegates con- I thank the two Democratic leaders, try. sidered how best to structure this leg- Tom Daschle and now HARRY REID. As In the past few weeks, I have spent a islative branch of new Government. HARRY and I have said publicly many lot of time reflecting about the future They were determined not to repeat times, everybody sees the public con- of this institution. As I prepared to the mistakes made in the Articles of trast between one leader to the other, leave here and return to my home, Confederation, which had a single, uni- between HARRY and me. But what peo- many people have asked, don’t you cameral legislature. Speaking to the ple don’t see are the daily conversa- ever regret the promise that you made convention, Virginia’s James Madison tions, the private conversations off the to serve just for 12 years, two terms? set forth the reasons to have a Senate. floor where views are mutually re- Did you regret it when you became His words: spected, where burdens are shared, and chair of the RNC or majority leader? If In order to judge the form to be given to where family is discussed. Karyn and I you knew then what you know today, this institution, it will be proper to take a leave this body with tremendous re- would you have made that promise 12 view of the ends to be served by it. spect for HARRY and for Landra, for years ago? My answer is yes, because I These were, first, to protect the peo- their contributions to this country. believe today, as I believed then, in the ple against their rulers and, secondly, To all my colleagues who have ideal. It is, I guess, that ideal of a cit- to protect the people against transient reached across the aisle and across dif- izen legislator. It might seem bitter- impressions into which they them- ferences when you could, thank you. sweet today, but it is right. selves might be led.

VerDate Nov 24 2008 09:34 Jan 27, 2010 Jkt 049102 PO 00000 Frm 00028 Fmt 0686 Sfmt 0634 E:\BR06\S07DE6.000 S07DE6 cprice-sewell on DSK2BSOYB1PROD with BOUND RECORD 22940 CONGRESSIONAL RECORD—SENATE, Vol. 152, Pt. 18 December 7, 2006 I think we need to remember this vi- body. Thank you for what you rep- On the surface, some may ask how sion of the Senate that the Framers es- resent. the Senate and the operating room are tablished—that the Senate is to pro- Then all of a sudden, it began to hit the same. What do they have in com- tect people from their rulers and as a me. To me, that image cuts through mon? Senator FRIST has shown us that check on the House and on the passions just about everything that we do. It is helping people is what he did as a doc- of the electorate. Let us not allow about preserving as best we can the tor and what he has done as a Senator. these passions of the electorate to be great hope that we represent here in Serving others is a trait as we have ob- reflected as destructive partisanship on America, which is embodied in this in- served by knowing this good man is this floor. stitution, the freedom, the responsi- that he learned from his family. His fa- Taking the oath of office, which bility, the opportunity, the compas- ther was also a doctor. As a young man many of our good colleagues will be sion, and the basic decency that is at he was obviously academically very doing shortly, commits each Senator the heart of who we are as Americans. talented. He wanted to follow in his fa- to respect and revere the Framers’ Beyond Democrat or Republican— ther’s footsteps. He went to Princeton dream. To my successor, BOB CORKER, which came out of the campaign—now University, which shows that he is and to all the Senators who will follow is the time to again remind ourselves someone who is talented academically me in service to this great Nation, I and state again and again that beyond and socially. He graduated from that urge you to be bold, make the most of being Democrats and Republicans, we great American learning institution your time here, and look at problems are Americans. Together, we are one and decided he was going to go to Har- with fresh eyes and the steely deter- people. It is our responsibility to up- vard, which speaks well, again, of his mination to give the American people hold the dream and protect that hope intellect and, of course, his ability to a reason to believe in you and to hope for every American and indeed the peo- get along with people. His surgical for a better tomorrow. ple around the world who seek that training came at Massachusetts Gen- To serve in this grand institution has freedom. eral Hospital and Southhampton Gen- been a labor of love. To lead here is a I opened by saying that our time here eral Hospital in England. challenging responsibility that is set is temporary; we are just passing Senator FRIST was a pioneer, but he out before me and each of us. It has through. Now is the time to close. Your learned his transplant surgery from the been a profound honor to serve. patience has been generous. As I have pioneer. I have heard BILL FRIST talk I will close with just one story. It spent a lifetime learning, to everything about Norman Shumway on many oc- happens in southern Sudan. As many of there is a season. We say that and hear casions—the first doctor to perform a you have heard me say, because it is it and tend to repeat it when there are successful heart transplant in the U.S. such an important part of my life, I go changes. But to everything there is a Senator FRIST—then Dr. FRIST—start- to Sudan just about every year—a season, and my season here draws to a ed Vanderbilt University Medical Cen- thousand miles south of Khartoum and close. Tomorrow is the time for birth ter’s Heart and Lung Transplant Cen- 500 miles west of the Nile River. I and rebirth. Tomorrow is a day and a ter. I don’t know if anybody knows—I started going there in the mid to late time for new rhythms. am sure someone knows—how many nineties. I had been there operating My dad did a great thing that I heart and lung transplants Senator back in the bush, and I was ready to shared with some of you. Each of us FRIST has done, but most say it was come home. Actually, it was in Janu- should do this for our children or for nearly 200. Think about that. Some of ary. The State of the Union was a few the people we care about. He knew he these operations took many hours, and days off. We finished operating in a was going to die in the next couple of some of them took days. hut. I operated by flashlight late at years. We asked him to write down his I heard Dr. FRIST talk about those night. Somebody in a little hut said, ‘‘I thoughts, advice, and counsel for the first transplants, where he actually want to see the American doctor.’’ next generation—not just his kids and went and got the organs and personally Well, I didn’t want to go. I wanted to theirs, but for the great-great- brought them back to the operating get back home. I wanted to get on the grandkids that he would never see, a room. plane and come back home, but I went simple 4 to 5 pages. He ended that let- Things have changed since then. Pio- to see him. I was tired. I walked over ter to his great-grandchildren with the neer, doctor, Senator FRIST has and and pulled the curtain aside—the rug following words: will write a lot about his success as a that was used as a curtain—and in the The world is always changing, and that’s a surgeon and as a Senator. And not only back there was somebody smiling. You good thing. It’s how you carry yourself in will he talk with his family and his could see the bandages on his hands the world that doesn’t change—morality, in- friends about this, things will be writ- and legs, and I went over; and through tegrity, warmth, and kindness are the same ten about his service as a doctor and as a translator I said, ‘‘I am the American things in 1910, when I was born, or in 2010, or a Senator. doctor.’’ He said, ‘‘Thank you to the later, when you will be reading this. And When we talk about these nearly 200 American doctor.’’ As a physician, I am that’s a good thing, too. Love, Granddaddy. transplants, we are talking about 200 accustomed to that because when you So under the dome, it is time for human beings whose lives have been operate on somebody, they say thank fresh faces and fresh resolve. Change is saved by virtue of his talent. Senator you. So I said, ‘‘you’re welcome,’’ and I good. Change is constructive. The Sen- FRIST helped hundreds of people con- got ready to leave. He was frustrated ate changes, the people who serve here tinue their lives. Here, as a public serv- and he said, ‘‘Come back.’’ He said. change; but what doesn’t change is ant, a Senator, he has affected the lives ‘‘Thank you for being the American that every one of us who serves be- of millions of people. doctor.’’ I still didn’t quite get it. He lieves deeply in the genius of the Amer- I have had the good fortune of serv- picked up his arm and said, ‘‘I lost my ican democracy. ing with Senator FRIST during his 12 arm fighting in this civil war. I lost my It is with the deepest appreciation years in the Senate. I knew him before leg 8 days ago. It was about 2 years ago that Karyn and I thank you all for 12 I became the Democratic leader and, as that I lost my wife and my 2 children. wonderful years. There are no words to all of you know, I spend a lot of time Thank you for being the American doc- describe the honor it has been. on the floor and I worked with him tor.’’ I yield the floor. very closely. And then I started to get it. He was (Applause, Senators rising.) Over the years, we have had our ups saying thank you for being the Amer- Mr. REID. Mr. President, parting and downs. It has been tough. These ican doctor. Then he said, basically, really is sweet sorrow. Mr. President, jobs, I can tell my colleagues up close, that: It is you who are a representative thank you very much for being here are not real easy. We have had prob- of America, and for democracy and lib- today honoring not only Senator lems over budgets, over committee erty and freedom I sacrificed my wife FRIST, our majority leader, but the en- structure, disagreements about sched- and my children and my arm and my tire Senate. ules—oh, yes, about Senate rules. I

VerDate Nov 24 2008 09:34 Jan 27, 2010 Jkt 049102 PO 00000 Frm 00029 Fmt 0686 Sfmt 0634 E:\BR06\S07DE6.000 S07DE6 cprice-sewell on DSK2BSOYB1PROD with BOUND RECORD December 7, 2006 CONGRESSIONAL RECORD—SENATE, Vol. 152, Pt. 18 22941 have never once doubted—never once us in the Senate and rose to the top noted the first item on his agenda was doubted—that what Senator FRIST was here as well. He had not sought the the $15 billion in the fight against glob- doing he was doing because he believed leader’s office, but in some ways it al AIDS. It is an issue on which we in his heart it was the right thing. could be argued that it sought him and, joined together many times, an issue That is why I, HARRY REID, at his home once again, he was top in his field. where President Bush showed extraor- on a very personal level, told Senator After 4 years, BILL has been an effec- dinary leadership, and there was ex- FRIST he should run for reelection. I tive and courageous leader. I have been traordinary bipartisan support for don’t believe in term limits. I truly be- here for a pretty long time now, Mr. what he was trying to achieve. lieved then, as I do now, that he should President, and I can honestly say that As one reflects on his life and his have run for reelection. I told his good the last 4 years have been some of the background, it was no surprise that led wife Karyn the same thing in her most productive years in the Senate the list. Senator FRIST dedicated his home, in their home. that I have seen. time before the Senate to the healing I have come to learn a number of Under BILL FRIST’s leadership, we arts, and I think he brought some of things about BILL FRIST. He loves med- have made the lives of people across that same dedication to this role in the icine. He has done his work in the Sen- America better and safer. More oppor- Senate, trying to use his post as the ate. But the thing that is first and tunity lies ahead for today’s children Senator from Tennessee and as a leader paramount in his mind and his heart than ever before. Most of all, BILL has in the Senate to heal the world and our every minute of the day is Karyn and never relented in leading this Senate to Nation. I thank you for all your efforts his three boys. fight the war on terror. America is in that regard. All of you out here have seen our more secure thanks to his tenacity and I know when he came to this job, it fights publicly, and we have had them, thanks to his talents. was thrust upon him rather quickly. I but they have been fair. I can remem- BILL is leaving us, as we all know, know he had his critics, and there ber only once has Senator FRIST ever sticking to his promise to the voters of might even have been a few on this side raised his voice at me, and it was right Tennessee to serve only two terms. of the aisle from time to time, but, by from here because, even though I didn’t Legend holds that Cincinnatus, the and large, I think his leadership has mean to, he thought I had said some- Roman farmer, became ruler of Rome been symbolized by a lack of cunning, thing that reflected upon his family, at the behest of his fellow citizens. But a lack of sharp elbows and an effort to and I apologized to him. This man after leading them to victory against try and patch up our differences and loves his family and is an example of invaders, he gave up the mantle of get things done. Once again, you were how people should treat their family. power and returned to his farm. the healer when you had the chance to Karyn is a wonderful woman. She has Whether BILL returns to medicine or do it. treated my wife—my wife is a very shy continues to serve the public in some I have traveled to Africa, as he has, person. She has always been very shy. other way, we can be sure of this: He probably not as often. I have seen some Karyn has taken good care of her, and will continue to be one of America’s of those dusty villages where there is I will always, Karyn, appreciate that. great leaders. And if he does return to no one to be seen for miles around. But In the years that go on, I, frankly, public office, it will be because he was I cannot imagine your taking your sur- will never think about or, if I try, not asked by his fellow citizens to serve gical skills to those villages and those remember any of the differences we had and to lead. huts and operating under a flashlight, on the Senate floor, but I will always Words such as ‘‘sacrifice,’’ ‘‘duty,’’ hour after hour, day after day, week remember the friendship I have devel- and ‘‘service’’ mean something to BILL after week. That defines BILL FRIST, in oped with the good man from Ten- FRIST. This Senate and this country my mind—a person who may not have nessee, a citizen legislator. are the better for it. been recognized by anyone on the road Senator FRIST, Karyn, I wish you the It has been a joy to know BILL’s love- to that village, did some good, and left very best. You are a good man. I love ly family—his wife, Karyn, and his a legacy that will be remembered. and appreciate everything you have three sons, Harrison, Jonathan, and To you, to Karyn, to your family, let done for the country and for me. Bryan. They are all proud of their fa- me add my voice in saying you left a (Applause.) ther and husband. great legacy in the Senate, and I wish The VICE PRESIDENT. The majority I am going to miss you, BILL. It has you all the very best. whip is recognized. been a great honor working with you (Applause.) Mr. MCCONNELL. Mr. President, I, every day over the last 4 years, and it The PRESIDING OFFICER. The Sen- on behalf of all the Members on this will be an honor to take the baton from ator from Tennessee. side of the aisle—and Senator REID ac- BILL to lead Senate Republicans during Mr. ALEXANDER. Mr. President, knowledged the same as well—am the 110th Congress. former Senator Lyndon Johnson used grateful for your presence here today. Just as Kentucky and Tennessee to say about himself that having Lyn- Being here today to help honor our share a border 320 miles long, BILL and don Johnson as majority leader was outgoing majority leader, I know, I share a bond as Senators, party lead- good for the United States of America means a lot to him. It means a lot to ers, and, yes, as friends. I can see that and it hasn’t hurt Texas one bit. all the rest of us. all of our colleagues on both sides of When I think of our country and BILL Rare is the person who rises to the the aisle feel the same way I do. It is FRIST, I think of lower tax rates, I top of one profession, not to mention sad to see you leave. You have done a think of two Supreme Court Justices, I two. We are honoring today a man who magnificent job. People come and go in think of a record number of judges who has done that—he has risen to the very the Senate over the years and, can- would interpret the law, rather than top of not one but two extraordinarily didly, I guess some of them didn’t make it up as they go along. I think of difficult professions. And I am abso- make a whole lot of difference. But you the personal imprint of Senator FRIST lutely certain, as all of his colleagues did, and you will be remembered with on the prescription drug Medicare ben- are, that he will excel in whatever great pride by all of us. Thank you for efit millions of Americans need and are challenge he takes on next. your service. enjoying, and I think of the $15 billion BILL FRIST embodies what our (Applause.) generous gesture of this country to- Founding Fathers meant when they The PRESIDING OFFICER (Mr. ward Africa to combat HIV/AIDS, spoke of ‘‘citizen legislators.’’ By his COLEMAN). The Democratic whip. which would not have happened were it early forties, he had already risen to Mr. DURBIN. Mr. President, I join in not for BILL FRIST. prominence as a renowned heart and this chorus of salutations and praise When I think of BILL FRIST and Ten- lung surgeon. But BILL felt a call to for the retiring majority leader. I lis- nessee, I think of our new TVA board public service. After achieving enor- tened carefully to Senator FRIST’s to keep our rates low and reliable. I mous success in that field, he came to recollection of his public service, and I think of our ability to deduct our sales

VerDate Nov 24 2008 09:34 Jan 27, 2010 Jkt 049102 PO 00000 Frm 00030 Fmt 0686 Sfmt 0634 E:\BR06\S07DE6.001 S07DE6 cprice-sewell on DSK2BSOYB1PROD with BOUND RECORD 22942 CONGRESSIONAL RECORD—SENATE, Vol. 152, Pt. 18 December 7, 2006 tax from Federal income tax and doz- tiously. He made time to continue this You have been dealt some cards that ens and dozens of other things that missions of mercy, even after he be- are not right. The years you were here, have been good for Tennessee. came majority leader, and I was deeply the things that were accomplished When I think of BILL FRIST, I think touched by it every time. were not quite presented to the people of civility, of decency, a good smile, I have had the good opportunity to as accomplishments or as big accom- hard work, and an ego that is surpris- meet his family, and I know, as others plishments, as they are. But if there is ingly under control for a Senator in have said, where his values come from anybody interested in searching the the midst of all of this and an example and how committed he is to them. I RECORD during his term and during his of which his parents would be proud. So hope he’ll be able to enjoy more time leadership period to see what he ac- I think we can say today, and Lyndon with them now without the burden of complished, I believe you will have to Johnson wouldn’t mind, that having running the Senate. end up saying there was nobody during BILL FRIST as majority leader of the We wish BILL FRIST the best as he his time here who accomplished more U.S. Senate has been good for our prepares to leave the Senate. We know for his State and for the country. I be- country and it hasn’t hurt Tennessee he will have great success, and we lieve an in-depth search of what he has one bit. thank him for his service to our coun- done may even rival the best, even The PRESIDING OFFICER. The Sen- try. We will miss the majority leader, though he does not know how to legis- ator from Massachusetts is recognized. but we know he will continue to use his late, and there is no question about Mr. KENNEDY. Mr. President, I join immense talent to make a very real that, and he does not know how to ap- my friends and colleagues in paying difference for all humanity in the years propriate, and there is no question tribute to a friend and a distinguished ahead, and continue to make us proud about that. He might not even know colleague. When BILL FRIST arrived to call him our friend. how to bring an appropriations bill up, The PRESIDING OFFICER. The Sen- here, there were at least some of us and there might be no doubt about ator from New Mexico is recognized. with some qualms on this side of the that. He may doubt it, but this Senator aisle because he ran successfully Mr. DOMENICI. Mr. President, I wanted to say a few words before the doesn’t, and I am his best friend, but I against one of our dear friends, Jim leader left. I even hate to call him have great doubts whether he knows Sasser. So, initially, there was a nat- leader or majority leader. He has be- how to get an appropriations bill up ural reluctance among some of us come a great friend. I don’t know how and passed. about this doctor who had defeated a But I still believe the business of the to explain it, but I didn’t really think great friend and a great Senator. Senate is not done in those very overt coming to the Senate that I would have But early on, it was clear that BILL a chance to meet somebody like our ways that people think. It is done as was special. As someone who had been good departing leader. I have met all you sit down for long hours on a con- trained in the medicine, in my own kinds of people here. Henry Bellman ference report and come out with a State of Massachusetts no less, he once said: If you sit down with all 100 health bill that all of a sudden is better brought a new and fresh perspective to of them, no matter what you have said than anything we have had before. our national debates. about criticizing them, there are no When you find out who did it, it might He was obviously a person of impres- better 100 men put together in America not have been named for the Senator or sive skill, and it is no surprise that he than the 100 Senators who serve. I be- for the chairman of this or that, but rose so quickly to become majority lieve that is true. I am wondering now you will find out that for many hours, leader. The roles of Senators and physi- about whether the Senator wouldn’t many trips were taken to his office, cians are profoundly different in many rival military leadership. and many times, he said: Wait and we ways, but at their core their missions But the point is, I didn’t think BILL— will do it in the morning, and I will tell are identical to help others to the max- I know we can’t do that in the Senate, you how to do it. And that happened. imum extent of our ability. And that is use first names—but I didn’t think I I could go on for much longer, but I what BILL FRIST has done from the day would ever meet in the Budget Com- really wanted him to know that I just he set foot in this chamber. mittee of the U.S. Senate—sitting in waited for my time. Being the fifth or He was one of the first to understand the very last seat available was this sixth eldest here in seniority, I waited the very real threat of bioterrorism to man whose name is so simple, but I had for my time here, and I didn’t want to our Nation, and that was well before 9/ so much trouble with it. Do you re- wait until tomorrow or the next day in 11 or the anthrax attacks. Senator member? I didn’t say ‘‘FRIST,’’ I kept fear that I would not find time or that FRIST knew first-hand that our public saying ‘‘First.’’ I don’t know why, but the Senate would not accommodate. So health infrastructure was incapable of I did that for a long time, and then it I thought I would, as usual, be late for meeting the threat of a massive nat- became sort of a—people would come a next appointment, but I have a good ural epidemic, let alone a deliberate bi- up and punch me so I would say it excuse for being late for this next one. ological attack. It was a privilege to right. But whether it is ‘‘FRIST’’ or I had to come here and say goodbye work with him on the first bio-ter- ‘‘First,’’ I guess they mean about the in a very interesting way, although it rorism legislation, which because of his same thing to me. You are truly first. is not a goodbye. But I do think it is leadership we were able to pass before What we have gone through person- true that this will be a very major 9/11. ally will not be reflected in the change in our friendship, in the way we He has also been a pioneer in the ef- RECORD. People know I have had a few react to each other, and the time we fort to bring modern information tech- years of illness. It is mostly gone now. get to spend with each other. So it is nology into all aspects of health care, But I found out he was a superb doctor, an occasion, this leaving of the Senate, and to end the enormous human and fi- and eventually I found out there because you won’t come back very nancial costs caused by medical errors weren’t too many better anywhere. often. Even though you say you will, and by the needless administration of That made it easy because I had a you won’t, and we won’t get to see you. health care with outdated paper ready-made doctor and he was the best. I really believe we will remember you, records. He has also helped shine a And we would meet in his office, and and probably we will call you more bright line on the serious problem of people would think it was always busi- times than you will call us because I health disparities in our country. ness, but they had no idea that it was think we may just from time to time He has inspired each of us with his half business, a little bit family—we figure out more times than you will commitment to addressing the horrific got to know each other’s families, and that we need some advice, and it will tragedy still unfolding in the world, es- what a terrific and exciting thing that probably run in your direction, not in pecially in Africa, because of AIDS. He was for me—and I got to know about ours, in the ensuing years. has dedicated himself to this issue for his excellence as a doctor. Good luck in whatever you do. It is years, giving of himself personally, and It will be a different Senate, there is not going to be this little return to urging Congress to act more expedi- no question. being a country doctor, if that is what

VerDate Nov 24 2008 09:34 Jan 27, 2010 Jkt 049102 PO 00000 Frm 00031 Fmt 0686 Sfmt 0634 E:\BR06\S07DE6.001 S07DE6 cprice-sewell on DSK2BSOYB1PROD with BOUND RECORD December 7, 2006 CONGRESSIONAL RECORD—SENATE, Vol. 152, Pt. 18 22943 you are saying. You can’t sell me on was a man of unfailingly good humor projects to serve our State of Missouri, that. You are not going to be a little and courage. And still, he thanked his including the Liberty Memorial in country doctor; you are not even going Lord, his friends, and graciously ac- Kansas City, the Page Avenue Exten- to be a regular doctor. You are going to cepted his fate. sion in St. Charles, and countless oth- do something much bigger than that. It I have a feeling and hope that public ers throughout the State. is just waiting. Somebody is going to service will see much more of JIM TAL- I should also mention that my friend place it in front of you, and then you ENT somewhere, sometime. And what- JIM TALENT has put forward some ter- will do it and it will be something big ever he decides to do in the public or in rific proposals that he has been work- and exciting for America and for our the private sector, the qualities he has ing on that have been enacted. His ef- people, probably more exciting than demonstrated to so many of us in the fort to allow small business employers you did here, so that will be a third Senate will be one he will carry with to pool together to form association one—one, the heart transplants and all him. health plans comes to mind, and those that, one here with us, and then you He served in the Senate for only 4 of us who have been working to change will have a third one. In the meantime, years, but when you look at his record the law so that small business employ- you can do a lot of duck hunting, no of legislative achievements, he has had ees and their families will have access problem with that. You can probably so many positive impacts on people’s to the same kind of insurance benefits go with me, if you want. But if you lives. It is hard to believe he could that employees of major corporations shoot too well, I won’t bring you any- cram all of that into 4 years. have will not give up the fight. We are more because it is embarrassing. It has He has been a leader on national se- going to continue with his great lead- to be sort of a modest hunt, not so su- curity, energy, and criminal justice. ership in mind. perb that I am embarrassed. So we will As a member of the Senate Armed I am sure the next Congress will fol- have to work that out some way. And Services Committee, JIM worked to ex- low up. This idea should be central to your son—he can’t come anymore be- tend production of the C–17 line, allow- any discussion of expanding health cause he shoots too well. It is truly not ing 30,000 workers across the country care coverage to the uninsured. the right thing to do. He should not be to keep their jobs, and more impor- JIM, as we prepare to say goodbye to hunting with an old man like me. No tantly to give our military strategic you now from this floor, thank you for way. But if it happens, we will accom- lift capability which they need to move your years of devoted service to our modate it some way. troops and equipment to very difficult State, to our Nation. With heartfelt Having said all that I should and to reach places. gratitude, on behalf of my wife Linda much more, I will say goodbye and JIM also cares about our troops in and I, we wish you, Brenda, and your thank you. battle. He sponsored legislation to end children the very best in future endeav- Mr. FRIST. Mr. President, I suggest predatory lending to active service- ors. And I know for a fact that there the absence of a quorum. members and their families. The new will be great successes ahead. The PRESIDING OFFICER. The law just took effect 6 weeks ago. Some I yield the floor. clerk will call the roll. of our soldiers were paying almost 400 APPROPRIATE LEVEL OF MILITARY FUNDING The assistant legislative clerk pro- percent interest on money loaned to Mr. TALENT. Mr. President, my ceeded to call the roll. them. Thanks to JIM TALENT, the rates great friend and colleague from Mis- Mr. BOND. Mr. President, I ask unan- are now capped at 36 percent. I trust souri has an Intelligence Committee imous consent that the order for the that applies to the Marines as well. meeting to go to. So he went ahead and quorum call be dispensed with. Last year, JIM worked very hard to did his kind tribute before I give my The PRESIDING OFFICER (Mr. include a renewable fuel provision in speech, and those who are not aware of CORNYN). Without objection, it is so or- the Energy bill. On a bipartisan basis, that may have thought that maybe dered. under his leadership, the United States they would be able to get in short trib- JIM TALENT will produce up to 71⁄2 billion gallons of utes and avoid the long farewell Mr. BOND. Mr. President, I rise on renewable fuels with ethanol and bio- speech. That is not true. the floor to pay tribute to my very diesel. That will be implemented by I will devote my time to a sub- good friend and colleague, Senator JIM 2012. stantive and very important subject— TALENT, who will be leaving the Senate JIM’s work in this area will only be- the appropriate level of funding for next month. come more important as we see in the America’s military. It is an issue that I have known JIM for over 20 years, future America continuing to face high I have worked on and fought for since since he was minority leader in the energy costs and our attempt to reduce I went to the House of Representatives Missouri House of Representatives. our dependence on foreign oil. in 1993. Throughout all these years, when he Another accomplishment JIM will be I am grateful for my friend’s re- was in the State legislature and in the known for is something which is ex- marks, and I want to say that I have House as chairman of the Small Busi- tremely important in our State of Mis- always enjoyed serving in legislatures, ness Committee when I was chairman souri, and this work—again on a bipar- in part because of the collegial nature of the Senate Small Business Com- tisan basis with the Senator from Cali- of the service. When you are done, mittee, I found JIM to be unfailingly a fornia—was to fight meth. Meth is a yes—it is the legislation that you man of honesty, integrity, and hard drug that has been destroying lives and worked on that you want people to re- work. He has been a wonderful friend communities across our State for many member, but what you remember are and colleague. years and now even across the country. the friendships and the associations I am going to miss him very much, The Combat Meth Act has helped and the bonds that you have made. and many people in Missouri are. stop the supply of meth ingredients to And, fortunately, those do not end with We all know that Washington can dealers through the ban on over-the- your service. I look forward to con- change a person, but it hasn’t changed counter sales. You see a significant re- tinuing to visit with my friends in the JIM. JIM still has the same common- duction in meth lab busts. It shows Senate for years to come. I hope to be sense Missouri values he brought with that we are finally beginning to make able to work with them in other venues him to Washington. He still has the progress against this drug. on issues of importance to America. same calm, polite demeanor. He still Obviously, I have to mention his Nothing is more important for America has strong convictions and a work other bipartisan successes, such as the than her security. ethic. As I said to our folks back home sickle cell disease bill and the Emmett Mr. President, America has the most in Missouri, in an arena of show horses Till bill. capable military in the world by a he has been a work horse. On a narrow focus, JIM and I have large margin; in fact we have the best I was with him on the night he got worked together on many transpor- military that has ever served any na- the news that he lost the campaign. He tation and economic development tion at any time in human history. We

VerDate Nov 24 2008 09:34 Jan 27, 2010 Jkt 049102 PO 00000 Frm 00032 Fmt 0686 Sfmt 0634 E:\BR06\S07DE6.001 S07DE6 cprice-sewell on DSK2BSOYB1PROD with BOUND RECORD 22944 CONGRESSIONAL RECORD—SENATE, Vol. 152, Pt. 18 December 7, 2006 should be proud of that; we should es- Against this, however, we are en- tainly will not be able to do so in the pecially be proud of the men and gaged in a global war on terror that future, within an acceptable level of women who make America’s military will continue for years to come. The risk, unless at least the Army is made what it is. But it would be wrong for us end of the Cold War led to the emer- bigger and unless all three services to believe that because our military is gence of dangerous regional conflicts, have the money to robustly recapi- the best in the world or even the best such as the conflicts in the Balkans. talize their major platforms with the ever, that it is as capable as it needs to We are in greater danger today of a most modern equipment. be. True, America is many times rogue missile attack than ever been be- For years, the various services, in re- stronger than other nations, but its re- fore, and China is emerging as a peer sponse to pressure from political au- sponsibilities are many times greater competitor much faster than anyone thorities to reduce the budget below as well. If Denmark’s military is inad- believed. what they needed, have delayed or can- equate, it doesn’t matter that much, These conditions either did not exist, celled new programs. They have been even to Denmark; if America’s mili- or like the conflicts in the former reducing the number of new ships or tary is inadequate, it matters tremen- Yugoslavia, were suppressed, during planes they say they need, kicking cru- dously, first to America, but also to the Cold War. As a result, the oper- cial decisions down the budgetary road, the hopes and aspirations of people ational tempo of our conventional robbing Peter to pay Paul, and other- throughout the world. forces—and that means the rate, inten- wise trying to avoid confronting the We must understand the importance sity and duration of their deploy- approaching funding crisis. of this issue very clearly, without the ment—was far higher beginning in the That crisis is upon us now. We are distortions of ideology, politics, expe- mid-1990s, even before September 11, entering the crucial phase of recapital- diency, or wishful thinking. Like it or than it had ever been during the Cold ization. Beginning with the next budg- not, the progress of the international War. Yet at the beginning of the 1990s, et and intensifying over the next 5 to order towards peace and democracy de- our forces were 30 to 40 percent bigger 10 years, the services are scheduled to pends on the reality and perception of than today. For example, the active- bring online the new platforms that American power. Like it or not, Amer- duty Army was cut from 18 divisions at will anchor American security for the ica is the first defender of freedom in the time of Desert Storm to only 10 di- next generation. No one can say these the world and therefore always a prime visions by 1994. Don’t we wish that we programs are unneeded. The Navy must target for those who hate freedom. And had those additional divisions today to buy new destroyers, must ramp up pro- like it or not, while there are many relieve the pressure in Iraq. The Navy curement of Virginia-class submarines, tools in the basket of western diplo- has gone from 576 ships in the late 1980s must finalize the design and buy large macy, the underpinning of them all is to 278 ships today. numbers of Littoral Combat Ships and an American military establishment At the same time, procurement budg- design and build a new CG–X cruiser. which the world knows is capable of ets have been cut substantially, far The Air Force must buy large num- swiftly, effectively and at minimal cost greater than the cuts in force structure bers of the F–22. That is our new air-su- defeating every substantial threat to warranted. The contrast in the average periority fighter. We must maintain our security and to our freedom. annual procurement of major equip- the ability to have complete air superi- Judged by this standard—the only ment from two periods—1975 to 1990 and ority over any combat theater. The Air appropriate standard—the situation is from 1991 to 2000—is startling. For ex- Force must buy large numbers of Joint very grave. I have substantial doubt— ample, we purchased an average of 78 Strike Fighters or equivalent aircraft. as good as the men and women are— scout and attack helicopters each year In addition, the Air Force must buy whether our current military establish- from 1975 to 1990, and only 7 each year out its airlift requirement. That is how ment is strong enough. Because of deci- from 1991 to 2000. We purchased an av- we transport personnel, equipment and sions over the last 15 years driven more erage of 238 Air Force fighters each supplies from one place to another in by budgetary than military consider- year from 1975 to 1990, and an average the world. It must build a new genera- ations, our Army and Navy may well of only 28 each year from 1991 to 2000. tion of tankers, must design and build be too small, and much of the equip- We purchased five tanker aircraft each a long-range strike bomber to replace ment in all the services is too old and year from 1975 to 1990, an average of the B–52. Our B–52 inventory is 45 years increasingly unreliable. only one per year from 1991 to 2000. old. Whatever the current status of the The implications for these dramatic The Army must rebuild, modernize or military may be, there can be no doubt reductions are profound. Older plat- replace almost its entire capital stock that without a substantial increase in forms—that is what the military calls of ground combat and support vehicles procurement spending beginning now ships, planes, and vehicles—are rather including many of its tanks. and sustained over the next 5 to 10 tired and not replaced, which means The current procurement budget for years—an increase, I suggest to the that force structure is reduced. Mili- all three services is $80.9 billion. Sim- Senate today, that must be measured tary capabilities are reduced. If plat- ple budgetary mathematics tells us not in billions but in tens of billions of forms are not replaced, the average age that the services cannot possibly meet dollars above current estimates every of the fleet increases, readiness levels their crucial requirements without an year—our military will be set back for drop, and the cost of maintaining the average budget over the next 5 to 10 a generation. We will not be able to smaller, older inventory climbs rapidly years that I estimate is at least 30 bil- modernize our forces to the degree nec- because maintenance costs increase. lion dollars higher than what we are essary to preserve our security with For these reasons, I suggest that the now spending. the necessary margin of safety. current force today is too small and its Perhaps I have gone into more detail I said that our current military is equipment too old, relative to the re- than the Senate is willing to indulge too small and inadequately equipped to quirements of our national military me in already, but I want to look in execute the national military strategy. strategy. That strategy calls for a mili- some depth at the situation of the I will not go into detail on this point tary capable of defending the home- Navy. Here I speak from what I know because my main focus is on the fu- land, sustaining four peacekeeping en- because I have been the chairman of ture, but a brief explanation is war- gagements, and fighting two large- the Subcommittee on Seapower for the ranted. The world is, on balance, at scale regional conflicts, at least, at ap- last 4 years. Currently, there are 278 least as dangerous today as it was at proximately the same time. We are ships in the U.S. Navy. The Navy ship- the end of the Cold War. And we may supposed to be able to do all that at building plan calls for 326 ships by the thank God we are no longer in danger once. I believe the requirements of our year 2020, eventually settling down to of a massive nuclear attack from the military are actually greater than this, an average of 313 ships. The plan actu- former Soviet Union, nor is a major but in any event, we cannot execute ally calls for fewer aircraft carriers, a land war in Europe likely. even these commitments, and we cer- substantial drop in attack submarines,

VerDate Nov 24 2008 09:34 Jan 27, 2010 Jkt 049102 PO 00000 Frm 00033 Fmt 0686 Sfmt 0634 E:\BR06\S07DE6.001 S07DE6 cprice-sewell on DSK2BSOYB1PROD with BOUND RECORD December 7, 2006 CONGRESSIONAL RECORD—SENATE, Vol. 152, Pt. 18 22945 and fewer major surface combatants, gard to the budgetary picture for the an increased overall defense budget. but it attempts to make up for these other services. The pain has been There may be some who say that it is reductions with modern destroyers, spread fairly evenly across the service, possible to cannibalize the rest of the more capable submarines and what it so they are in roughly in the same situ- defense budget to produce all or most calls pre-positioning ships that allow ation. That means a procurement of this additional procurement funding. us to establish sea bases, from which to shortfall over the next 10 years of at That is a dangerous fantasy. The project forces ashore, as well as a least $30 billion per year adjusted for money cannot come from the supple- whole new class of smaller multi-mis- inflation. Most independent experts be- mental appropriations bills. Those are sion modular vessels called Littoral lieve the number is far higher. necessary to pay the day-to-day costs Combat Ships. There is no margin For example, the CBO estimates that of the war and may not have been ade- whatever for error in this plan. It is, at the overall defense budget shortfall quate to do that. The money cannot best, the minimum necessary for our will be no less than $52 billion per year. come from reducing the readiness security. We should add to this the fact that the budget because that budget is over- The Chief of Naval Operations—that active-duty Army is clearly too small, stressed already. It cannot come from is the admiral who leads the Navy—has as we have learned in Iraq. Even in an reducing the number of service per- estimated the plan will require a ship- age of transformation and nonlinear sonnel because the military is already building budget of $13.3 billion for fis- battlefields, there are still times when too small. It can’t come from reducing cal year 2008, the upcoming budget America needs to put large numbers of salary and benefits. We have to retain year. That is $5 billion more than what boots on the ground, particularly in the best people. Besides, Congress is far was spent this year on ship building. the post-September 11 period. The more likely, and properly in my view, His plan calls for that figure to esca- United States needs the ability to to increase personnel benefits rather late to $17.5 billion by 2012. I believe carry on sustained, large-scale peace- than reduce them. Take a look at the these figures are too conservative. It is keeping or low-intensity combat oper- last 7 years. Total spending on defense a good-faith effort to calculate what we ations, without having to send the health care, for example, increased need but too conservative. I think the same units three or four times to a from $17.5 billion in fiscal year 2000 to plan will require billions more each combat theater over the duration of a $37 billion in fiscal year 2006—an in- year to execute. Both the Congres- mission. A nation of our size and crease of more than 100 percent over sional Budget Office and the Congres- strength should not have to use essen- the last 7 years, appropriately so. sional Research Service agree. In any tially its whole active-duty Army, The men and women of America’s event, I say on my oath as a Senator, much of its Marine Corps, and many of military deserve good salaries and ben- that it will be utterly impossible, at its Reserves to sustain 130,000 troops efits, and so do those who are retired. current levels of defense spending, for over time in a combat view. The savings from base closing is not the Navy to reach and sustain the $13.3 In 1992—which was right after Desert going to supply the additional funds. billion figure, to say nothing of the Storm—the Defense Department stated Those are highly speculative. They will even higher sums required in the out- a requirement of 12 Active-Duty Army not occur, if at all, for many years, and years of the 5-year defense plan and be- divisions. That was before the in- they are unlikely to be more than a yond. creases in operational tempo of the billion dollars per year. Beginning no later than 2009, there 1990s and before the global war on ter- Some say we can save money by re- will be a growing shortfall in the ship- ror. The Army should surely be at least ducing congressional earmarks or addi- building accounts, in addition to an an- 12 divisions today. It costs approxi- tions to the defense budget, and within nual shortfall of $1 billion to $2 billion mately $2 billion to stand up and sus- limits that is true. But the total of in Navy aviation procurement. I expect tain an addition to the Army or Marine such earmarks is no more than $3 bil- the total deficiency to be no less than Corps of division strength so we need lion to $4 billion per year. Realisti- $45 billion over the fiscal year 2008 to to invest $4 billion per year in in- cally, Congress is not going to give up fiscal year 2016 period; and remember, creased force structure for the Army, all of them, and at least some number this assumes that the 313-ship Navy is in addition to the $30 billion more in of them are clearly justified because sufficient to protect American secu- new procurement funding. they simply restore to the budget rity, an optimistic assumption. So to sustain our military over the items that our service chiefs des- Lest the Senate get lost in all the next generation at the appropriate perately wanted and omitted only be- figures, let me sum it up this way. The level, we need to increase procurement cause of budgetary pressure. Navy, responding to budgetary pres- spending and spending on the size of Still others will say we can get the sure, has formulated a plan for a 313- the Army by about $34 billion per year. necessary additional funding by low- ship Navy in the future which, frankly, And that is above current baseline esti- ering the cost of new programs through may be inadequate; the Navy estimates mates. It would have to be sustained procurement reform. I am all for pro- a figure for funding the plan which over the life of the current defense plan curement reform. I have been for it independent authorities, using long- and beyond. ever since Secretary Bill Perry, who term historical cost data, believe is far I want to emphasize that this is, of was a great Secretary of Defense, pro- too low. And yet without substantial necessity, a ballpark figure. It is al- posed it over 10 years ago. We have had increases in the Navy’s procurement ways difficult to predict precisely the several waves of procurement reform budget, it is a dead certainty that even cost of new programs—some of which since then. Several Defense Secretaries that figure cannot be sustained. are in the design phase, particularly have all championed its virtues. We As a practical matter, the expected given the uncertainties associated with continue to hold oversight hearings to shortfall means the sacrifice of two to developing technologies. We will be ac- pressure the defense industry to lower three attack subs and two to three sur- quiring this equipment over the next 10 costs. We keep trying to catch people face combatants, a reduction in pur- to 20 years and needs in technology are in the Department who might be vio- chases of the Littoral Combat Ships, going to change. We must confront the lating procurement regulations. I have and delays to the Sea Basing Program fact that whatever the necessary chaired some of those hearings. and the new CG–X Cruiser Program, amount turns out precisely to be, the Meanwhile, the cost of new programs which is necessary for missile defense. procurement budgets we are projecting keeps going up. I suggest the reasons The short of it is that the Navy needs today are fundamentally inadequate. have less to do with deficiencies in the at least an $8 billion increase per year We have to ramp up spending. We must procurement system, bad as it is, than in procurement above current esti- begin now. And we have to accept the with the stress on the industrial base mates. The Marines need about $3 bil- fact that it will not be cheap. and on the military caused by the lion more. It is not necessary to go I, also, want to make clear that this budgets that are consistently too low into the same level of detail with re- additional $34 billion must come from and unstable.

VerDate Nov 24 2008 09:34 Jan 27, 2010 Jkt 049102 PO 00000 Frm 00034 Fmt 0686 Sfmt 0634 E:\BR06\S07DE6.001 S07DE6 cprice-sewell on DSK2BSOYB1PROD with BOUND RECORD 22946 CONGRESSIONAL RECORD—SENATE, Vol. 152, Pt. 18 December 7, 2006 One of the arguments supporting re- undercapitalized. That means fewer Let’s look at the risks of alternative ductions in force in the past has been competitors, more sole-source con- courses of action. If we adopt the that transformational technology and tracts, less research, and, therefore, course I suggest, and it turns out that tactics can empower the military to do higher costs. No amount of oversight, I was wrong, all we will have lost is a more with less. The idea is to make reform, or pressure on procurement of- fraction of our wealth wealth that each servicemember, each plane, ship, ficials can change that. would be spent in this country on prod- and vehicle less vulnerable so we lose The good news is that a robust and ucts produced by our workers, for a fewer of them, and more lethal so we consistent commitment to adequate margin of safety that, in the end, we need fewer of them. Within limits, that funding would soon begin to reverse did not need. But if we stay on our cur- is sometimes true. But the best tech- these trends. Again, I am all for im- rent course, and it turns out that I was nology costs money, and changing provements in the way we design and right, how much will we pay then in technology, tactics, and doctrine build new systems, and those improve- lost lives and treasure, fighting in con- makes it more difficult to fix stable re- ments can save money. But they can- flicts that a policy of strength would quirements. Program instability costs not work miracles. Sufficient and sta- have deterred? money, too. ble funding is not only consistent with How big will the deficit become then, Here is an example. The Navy origi- transformation and efficient use of the in a world made less stable by Amer- nally planned to procure 32 DD(X) taxpayers’ dollars, it is necessary to ican weakness? What effect will that next-generation destroyers. The ship both. If Congress were to commit to have on the economy, and not just the has a truly advanced design. It is a my proposal, for example, the service economy, but on the hopes and oppor- marvel of transformational tech- chiefs and the defense industry would tunities of the next generation—our nology. But its unique capabilities know that substantial new money was children and our grandchildren—who have driven the per ship cost to about coming—enough to make it at least have the right to expect that we are $3 billion. As a result, the Navy plans plausible they could produce and ac- looking out for them? to procure only seven new destroyers. quire the systems they need. They Twenty-five years ago, our country The problem is that the complexity of could budget for the long range, know- was also in a difficult situation. Our the ship’s design, the unprecedented ing that funding would be stable. They enemies doubted American resolve. capabilities of the vessel, and the high could work together in a way that They were challenging us on a number price of the best technologies, have all would reduce costs instead of trying to of fronts. We had just gone through a driven up cost to the point where the pull money away from other services or period of chronic underfunding of the maneuver year to year just to keep ship is impossible to procure in suffi- military, probably worse than what has vital programs alive, and often, in a cient numbers at current budget levels. happened recently. As a result, the Another example, the Air Force des- way, that ends up costing the tax- force was hollow, unable to reliably perately needs more air lift, and it also payers more in the long run. perform the missions necessary to pro- We must stop thinking that facing needs a new tanker aircraft. The Air tect America. That is why the tragic reality and funding our military ade- Force shoulders much of the mobility Desert One mission went so wrong in quately is beyond the reach of this mission, and it also performs the mid- great Nation. Yes, the Federal Govern- the desert during the Iranian hostage air refueling mission. Normally, the ment has fiscal problems. Yes, the two crisis. When President Reagan assumed of- Air Force would simply buy more C–17 major parties have very different views fice, he faced the situation squarely aircraft. It is a perfectly good, modern on what to do about those problems, and honestly, and with the support of a cargo aircraft. Then the Air Force but nobody can or does claim that the would design and procure a new tanker. defense budget is the cause. Democratic House and Republican Sen- But because the service is under tre- Right now, we are spending 3.8 per- ate, he secured two double-digit in- mendous pressure to save money, it has cent of our gross domestic product on creases in the overall defense budget, decided to develop a cargo-tanker, the regular defense budget. That is a and reasonable increases for several combining the two missions into one very low percentage historically, far years thereafter. On the strength of aircraft. The service assures us that it less than we spent at any time during that bipartisan commitment, Amer- is not going to have any bells and whis- the Cold War. Under President Carter, ica’s service men and women and tles on the new plane, and the aircraft we spent 4.6 percent of the GDP on na- America’s defense industrial base will be low in cost. tional defense. transformed our military into the Surely, the concept of a cargo-tanker If we spent only 4.2 percent now, we truly dominant force that fought and allows the Air Force to claim that it could easily fund what I have proposed. won Operation Desert Storm. will be able to perform both of these We would have a fighting chance to A united government sent the mes- missions while relieving some of the support our service men and women sage to friend and foe alike that what- pressure on its budget. But, again, re- with the equipment they need and de- ever our differences about foreign pol- ality must and will eventually bite. As serve. We could sustain the military icy, America was still willing to pay requirements build and changing tech- power that the last two Presidents the price of freedom. It is not too much nologies force changes in design, the have used to protect our freedom and to say that the decisions made in 1981 odds are very high that the cost of the stabilize the post-Cold-War world. We and 1982 laid the basis for the collapse new aircraft—if it is to do the com- would send the clearest possible mes- of the Soviet Union, the success of Op- bined mission it is supposed to do—will sage to both our friends and enemies, eration Desert Storm, and the benefits go up substantially. and to those nations who are deciding of peace and security that we enjoyed The problem of cost is exacerbated by now whether they are going to be a throughout the 1990s. the stress on the defense industrial friend or enemy, that whatever hap- With this speech, I bring my career base. Procurement budgets have been pens, whatever the direction our for- in the Senate to a close. I believe I can too low for 15 years and because of eign policy takes, the United States do no greater service to my country budgetary pressured they constantly has the ability to sustain our freedom than to urge Senators not to be dis- change. The Department regularly and the hope of freedom for the world. suaded by the counsels of those who projects what it intends to procure in To those who worry about the price say that what I have proposed cannot the outyears of its defense plan but of strength, I say there is a greater be done. then often makes last-minute cuts and price to be paid for weakness. How At the beginning of my remarks I changes. many conflicts will we invite, how stated that America’s service men and Under those circumstances, it is no much instability will we engender, if women are the finest who have ever surprise that contractors are not in- we allow this restless and troubled served in any military on behalf of any vesting sufficiently in the defense in- world to doubt America’s ability to de- nation at any time. I should have in- dustrial base. It is shrinking, and it is fend herself? cluded their families as well. I realized

VerDate Nov 24 2008 09:34 Jan 27, 2010 Jkt 049102 PO 00000 Frm 00035 Fmt 0686 Sfmt 0634 E:\BR06\S07DE6.001 S07DE6 cprice-sewell on DSK2BSOYB1PROD with BOUND RECORD December 7, 2006 CONGRESSIONAL RECORD—SENATE, Vol. 152, Pt. 18 22947 that when today, just a few hours ago, me make a real difference on the En- ball of fire in the U.S. Congress. He was I had the privilege of meeting with ergy bill. elected in 1990 to the House of Rep- Dana Lamberson and her two children, I want to thank our press shop: Rich resentatives, defeating a long-term in- Kelsi and Evan. Chrismer, my great communications cumbent by literally going door to door Mrs. Lamberson’s husband, SFC Ran- director; Erin Hamm, and Andrew in his district in the Pittsburgh area. dall Lamberson, was killed in Iraq only Brandt. He was elected to the U.S. Senate in 8 months ago. Mrs. Lamberson told me Casework—we handled over 10,000 1994, reelected in the year 2000, and has that before her husband deployed, their cases. I am a big believer in casework. displayed admirable qualities—energy, family openly discussed the sacrifice This is a big government, and navi- determination, confidence, and the which he, and they, might be called on gating it is hard, and if we could help, pursuit of his own personal values. to make. I asked her how she was able we wanted to help. I thank Nora There is no doubt that Senator to bear her grief with such grace and Breidenbach, Jenny Bickel, Abby SANTORUM has espoused, articulated, fortitude. She told me that when she Pitlick, Debbie Dornfeld, and Jessica and pushed causes he deeply believed in was tempted to be discouraged, she re- Van Beek. which may not have been popular in membered what her husband had al- And the State staff, we always tried many quarters, but he was determined ways said when times were tough: that to integrate the work of the State staff to undertake the pursuit of those val- ‘‘life is only as difficult as you make and the Washington staff, and I think ues because he believed in them so it.’’ we did it. I thank Gregg Keller, our deeply. I counseled him from time to Mr. President, I have met thousands State director; in St. Louis: Kacky time to save some of his philosophy for of Americans over the last 4 years like Garner, my district director; Peggy December of the year 2006. the Lamberson family, not just soldiers Barnhart; Rachel McCombs; and Angel A famous quotation about President and their families, but people from McCormick Franks; in Kansas City: Lincoln; he was asked by a little boy, every walk of life, who live each day Joe Keatley, my great district director; in effect: How do you serve, Mr. Presi- with courage, resilience, and optimism. Danny Pfeifer; Emily Seifers; Greg dent? Because of them, I believe with all my Porter; and Erick Harris; in Jefferson He said: I represent my true beliefs heart that America’s time of leadership City: Donna Spickert, who was the and values 90 percent of the time. is not done. State capitol director; and Becky Al- The little boy said: Well, what about I ask the Senate to honestly face the mond, my instate scheduler, as well as the other 10 percent? true cost of defending this Nation. If a great staff assistant; in Springfield: The famous statement by President we do, if we carry that burden with Terry Campbell, the district director; Lincoln: So that I can represent my confidence, we will find the weight of it Christopher Stone; and Coriann Gastol; true values 90 percent of the time. to have been a small thing compared to and in Cape Girardeau: Jeff Glenn, who It is not unknown in our body to oc- the blessings of peace and liberty we directed that office; and Liz Mainord. casionally defer some of the more con- will secure for ourselves, and the hope I also want to thank, as other Sen- troversial positions. But Senator we will give to freedom-loving people ators have done, my family, my wife, SANTORUM didn’t do that. He spoke his all over the world. obviously, in particular, who has mind and he spoke his heart. Those are Mr. President, I cannot close without shared the highs and lows of this job, rare qualities in public life and public thanking my dedicated staff who and my wonder kids. service and in politics. For that, I sa- served the people of Missouri so well Mr. President, it remains only for me lute him. over the last 4 years, who have kept me to thank my colleagues in the Senate On a personal level, RICK and I have going, kept me on time, who are large- for the many kindnesses, personal and had a superb relationship, not only pro- ly responsible for the many pieces of professional, which they have shown fessionally, not only politically, but legislation which Senator BOND was me and my family over the last 4 years. also personally. A more devoted family kind enough to mention. I just ask the Mr. President, I yield the floor. man could not be found. He has taken Senate to indulge me for another mo- The PRESIDING OFFICER. The Sen- this turn of electoral results philo- ment or two because I am going to read ator from Pennsylvania. sophically and in a good spirit. I have their names. I think they deserve it: Mr. SPECTER. Mr. President, I have had some experience on the losing end Mark Strand, my chief of staff; sought recognition to discuss a number of elections and, having been there, I Cortney Brown, my scheduler; Les of matters briefly. say that he has responded with great Sealy, our great office manager who al- HONORING SENATORIAL SERVICE class, with great style. His comment ways got us what we needed; Brian An- BILL FRIST earlier this week was: Tough on the derson, our IT manager. I am glad he First, I want to join my colleagues in family, tough on Karen, tough on the understood it because I never do. paying tribute to our majority leader, children, but now they have their hus- I thank our legislative staff: Brett Senator BILL FRIST, who has done such band back, and they have their father Thompson, legislative director; Faith an outstanding job in the past 12 years. back. And he had a big smile and a Cristol, our great legislative counsel; Senator FRIST came to this Senate as sense of satisfaction. He spoke to the and my legislative assistants: Lindsey a real all-American. He has displayed caucus yesterday, and he exuded con- Neas, Katie Smith, Heath Hall, Jesse extraordinary talents, academically, fidence. He exuded personal pride in Appleton, Katie Duckworth, Chris- professionally, public service, as a fam- what he had done. I join him in that. topher Papagianis, Shamed Dogan, and ily man, as a friend, at Princeton and As a colleague, I personally will miss John Cox, who works so hard and so Harvard Medical School, a renowned him very much. I know that will be the well on veterans issues, a man who has heart and lung transplant surgeon, sentiment of this body, even those with served this country in many different then selected to be the majority leader whom he has tangled in a rigorous way. venues; Andy Karellas, Martha and has taken this body through a very CONFIRMATION OF JUDGES Petkovich, and Sarah Cudworth, who difficult 4 years and a very productive Mr. President, I urge my colleagues did legislative correspondence, grants 4 years. to move ahead with the confirmation and case work; Peter Henry, who man- A great deal has been said about Sen- of judges. aged the mail; Sarah Barfield, my staff ator FRIST earlier today. I just wanted We have U.S. District Judge Kent assistant; two great Navy Fellows: to add my personal congratulations to Jordan, of the District of Delaware, CDR Dan Brintzinghoffer and LCDR him on his service and to wish him who has been nominated to be a judge Lori Aguayo, two patriots and both well. on the U.S. Court of Appeals for the outstanding officers; and Mark RICK SANTORUM Third Circuit. He has been approved by Hegerle, my Energy Fellow who came Mr. President, I regret the departure the Judiciary Committee and is ready over from the Federal Energy Regu- of my distinguished colleague, Senator for floor action. Nobody has anything latory Commission just in time to help RICK SANTORUM. He has been really a adverse to say about Judge Jordan. He

VerDate Nov 24 2008 09:34 Jan 27, 2010 Jkt 049102 PO 00000 Frm 00036 Fmt 0686 Sfmt 0634 E:\BR06\S07DE6.001 S07DE6 cprice-sewell on DSK2BSOYB1PROD with BOUND RECORD 22948 CONGRESSIONAL RECORD—SENATE, Vol. 152, Pt. 18 December 7, 2006 is endorsed by both of the Delaware by vacancies in their states. If these Let us make a determination about Senators, both of whom are Democrats. other 13 districts nominees are not con- which judges can be confirmed—judges They have a judicial emergency in the firmed today, they will languish until who meet the standards and criteria of Third Circuit, and he ought to be con- who knows—January turns into Feb- President Bush but who also pass mus- firmed. ruary and February in March. We al- ter in the U.S. Senate on both sides of We also have a list of some 13 district ways find a reason around here not to the aisle. We have had vacancies for in- court nominations pending on the exec- do something. That applies most em- terminable periods of time. I have dis- utive calendar. I ask unanimous con- phatically to the judges. cussed this with Senator LEAHY and sent that the list be printed at the con- It is my hope that in the 110th Con- with the White House. clusion of my remarks. The PRESIDING OFFICER. Without gress, we will approach judicial con- I hope we approach the 110th Con- objection, it is so ordered. firmations a little differently. I have gress differently. And before this Con- (See exhibit 1.) already consulted with Senator LEAHY, gress adjourns, the 109th, I hope we will Mr. SPECTER. A good number of who will become chairman of the com- confirm these judges who are on the these nominees are also in districts mittee. Senator LEAHY and I have had calendar awaiting floor action. an excellent working relationship on a where there are judicial emergencies. I EXHIBIT 1 think that from time to time we in the bipartisan basis, and the record shows Senate, where we have the responsi- it. I don’t have to go into detail about JUDICIAL NOMINEES PENDING ON THE SENATE bility for confirmation, don’t really that. I have recommended to the White FLOOR take seriously enough the impact of ju- House that the it consult with Senator The following nominees were all re- dicial vacancies. The courts are busy. LEAHY and the Democrats, as well as ported out of the Judiciary Committee The Third Circuit, my circuit, is over- with Arlen Specter, as ranking mem- prior to the October recess. Eight of whelmed. District Court Judge Jordan ber, and the Republicans. There is a the 14 nominees on the floor are in dis- ought to be confirmed. My colleagues limited amount of time. We know what tricts where judicial emergencies have have told me about the problems posed happens in a Presidential election year. been declared.

Nominee Position Date Nominated Total Days Pending

Circuit: *Kent A. Jordan ...... Third Circuit ...... 6/29/2006 161 District: Valerie Baker ...... Central District of California ...... 5/4/2006 217 Nora Barry Fischer ...... Western District of Pennsylvania ...... 7/14/2006 146 Gregory Frizzell ...... Northern District of Oklahoma ...... 6/7/2006 183 *Philip Gutierrez ...... Central District of California ...... 4/24/2006 227 Marcia M. Howard ...... Middle District of Florida ...... 6/6/2006 184 John A. Jarvey ...... Southern District of Iowa ...... 6/29/2006 161 *Robert J. Jonker ...... Western District of Michigan ...... 6/29/2006 161 Sara E. Lioi ...... Northern District of Ohio ...... 7/14/2006 146 *Paul L. Maloney ...... Western District of Michigan ...... 6/29/2006 161 *Janet T. Neff ...... Western District of Michigan ...... 6/29/2006 161 *Lawrence J. O’Neill ...... Eastern District of California ...... 8/2/2006 127 *Leslie Southwick ...... Southern District of Mississippi ...... 6/6/2006 184 *Lisa Godbey Wood ...... Southern District of Georgia ...... 6/12/2006 178 *Indicates a Judicial Emergency.

ATTORNEY-CLIENT PRIVILEGE PROTECTION ACT SECTION 1. SHORT TITLE. work product protections to avoid indict- Mr. SPECTER. Mr. President, I in- This Act may be cited as the ‘‘Attorney- ment or other sanctions. troduced legislation which will modify Client Privilege Protection Act of 2006’’. (7) An indictment can have devastating practices of the Department of Justice consequences on an organization, potentially on the attorney-client privilege where SEC. 2. FINDINGS AND PURPOSE. eliminating the ability of the organization (a) FINDINGS.—Congress finds the fol- to survive post-indictment or to dispute the the Department of Justice, acting charges against it at trial. under a memorandum called the lowing: (1) Justice is served when all parties to (8) Waiver demands and other tactics of Thompson Memorandum by Deputy At- Government agencies are encroaching on the torney General Thompson, has initi- litigation are represented by experienced diligent counsel. constitutional rights and other legal protec- ated a policy where requests are made (2) Protecting attorney-client privileged tions of employees. to waive the attorney-client privilege, communications from compelled disclosure (9) The attorney-client privilege, work and if the attorney-client privilege is fosters voluntary compliance with the law. product doctrine, and payment of counsel not waived, then that is considered in (3) To serve the purpose of the attorney- fees shall not be used as devices to conceal the charges brought by the Federal client privilege, attorneys and clients must wrongdoing or to cloak advice on evading Government, and also a commitment have a degree of confidence that they will the law. (b) PURPOSE.—It is the purpose of this Act that corporations will not pay counsel not be required to disclose privileged com- munications. to place on each agency clear and practical fees for their employees whom they are limits designed to preserve the attorney-cli- customarily expected to defend. This is (4) The ability of an organization to have effective compliance programs and to con- ent privilege and work product protections an encroachment and a violation of the duct comprehensive internal investigations available to an organization and preserve the sixth amendment right to jury trial. is enhanced when there is clarity and con- constitutional rights and other legal protec- Because of the limited time and sistency regarding the attorney-client privi- tions available to employees of such an orga- other Senators waiting, I will not lege. nization. elaborate upon the provisions of this (5) Prosecutors, investigators, enforcement SEC. 3. DISCLOSURE OF ATTORNEY-CLIENT legislation. officials, and other officers or employees of PRIVILEGE OR ADVANCEMENT OF Government agencies have been able to, and COUNSEL FEES AS ELEMENTS OF I ask unanimous consent that a sum- COOPERATION. can continue to, conduct their work while mary of the bill and the text of the bill (a) IN GENERAL.—Chapter 201 of title 18, respecting attorney-client and work product be printed in the RECORD. United States Code, is amended by inserting protections and the rights of individuals, in- The PRESIDING OFFICER. Without after section 3013 the following: cluding seeking and discovering facts crucial objection, it is so ordered. ‘‘§ 3014. Preservation of fundamental legal There being no objection, the mate- to the investigation and prosecution of orga- nizations. protections and rights in the context of in- rial was ordered to be printed in the (6) Despite the existence of these legiti- vestigations and enforcement matters re- RECORD, as follows: mate tools, the Department of Justice and garding organizations S. ll other agencies have increasingly employed ‘‘(a) DEFINITIONS.—In this section: Be it enacted by the Senate and House of Rep- tactics that undermine the adversarial sys- ‘‘(1) ATTORNEY-CLIENT PRIVILEGE.—The resentatives of the United States of America in tem of justice, such as encouraging organiza- term ‘attorney-client privilege’ means the Congress assembled, tions to waive attorney-client privilege and attorney-client privilege as governed by the

VerDate Nov 24 2008 09:34 Jan 27, 2010 Jkt 049102 PO 00000 Frm 00037 Fmt 0686 Sfmt 0634 E:\BR06\S07DE6.001 S07DE6 cprice-sewell on DSK2BSOYB1PROD with BOUND RECORD December 7, 2006 CONGRESSIONAL RECORD—SENATE, Vol. 152, Pt. 18 22949 principles of the common law, as they may investigators from: (1) requesting that an or- SECTION 1. SHORT TITLE. be interpreted by the courts of the United ganization waive its attorney-client privi- This Act may be cited as the ‘‘Criminal States in the light of reason and experience, lege or work product doctrine; and (2) condi- Misuse of Material Nonpublic Information and the principles of article V of the Federal tioning any charging decision or cooperation and Investor Protection Act of 2006’’. Rules of Evidence. credit on waiver or non-waiver of privilege, SEC. 2. FINDINGS; PURPOSE. ‘‘(2) ATTORNEY WORK PRODUCT.—The term the payment of an employee’s legal fees, the (a) FINDINGS.—Congress finds the fol- ‘attorney work product’ means materials continued employment of a person under in- lowing: prepared by or at the direction of an attor- vestigation, or the signing of a joint defense (1) Unlawful insider trading causes a loss of ney in anticipation of litigation, particu- agreement. confidence in the integrity of the securities larly any such materials that contain a men- All of the acts and considerations prohib- markets, increases the cost of equity capital, tal impression, conclusion, opinion, or legal ited by the bill are acts and considerations and places small investors at a disadvantage. theory of that attorney. that federal prosecutors must factor into (2) Unlawful insider trading and other mis- ‘‘(b) IN GENERAL.—In any Federal inves- any corporate or organizational charging de- use of material nonpublic information is in- tigation or criminal or civil enforcement cision under DOJ’s Thompson Memorandum, sidious and has become pervasive. The num- matter, an agent or attorney of the United which is described in more detail below. ber of insider trading referrals to the Securi- States shall not— The bill is appropriately narrow. It allows ties and Exchange Commission from the New ‘‘(1) demand, request, or condition treat- organizations to continue offering internal York Stock Exchange has doubled in the ment on the disclosure by an organization, investigation materials to prosecutors, but past 2 years. or person affiliated with that organization, only if such an offer is entirely voluntary (3) There is a need to increase the prob- of any communication protected by the at- and unsolicited by the prosecutors. The bill ability that wrongdoers will be detected and torney-client privilege or any attorney work also allows prosecutors to seek materials successfully prosecuted and to decrease the product; that they reasonably believe are not privi- opportunity for misuse of material nonpublic ‘‘(2) condition a civil or criminal charging leged. information. decision relating to a organization, or person Mr. SPECTER. I well understand (4) Criminal prosecutions and effective affiliated with that organization, on, or use that there will be no action on this compliance programs are the most effective as a factor in determining whether an orga- matter during this Congress, but I deterrent to unlawful insider trading and nization, or person affiliated with that orga- other misuse of material nonpublic informa- nization, is cooperating with the Govern- want to put it into the public milieu so tion. ment— there can be comment about it and it (5) Effective criminal enforcement has de- ‘‘(A) any valid assertion of the attorney- will be pursued in the next Congress. pended on close cooperation and sharing of client privilege or privilege for attorney The Department of Justice has advised expertise and duties of investigation among work product; that they are going to revise the civil regulatory agencies, such as the Securi- ‘‘(B) the provision of counsel to, or con- Thompson Memorandum to a memo- ties and Exchange Commission, the Com- tribution to the legal defense fees or ex- randum called the McNulty Memo- modities Futures Trading Commission, the penses of, an employee of that organization; randum from the Deputy Attorney Department of Justice, and self-regulatory ‘‘(C) the entry into a joint defense, infor- organizations. Certain recent court decisions mation sharing, or common interest agree- General. I had hoped we would have have chilled this cooperation. ment with an employee of that organization had it before the Senate went out of (6) Misuse of material nonpublic informa- if the organization determines it has a com- session so that we could have reviewed tion by manipulating the grant dates of mon interest in defending against the inves- it and perhaps accepted their work, but stock options or timing of publication of ma- tigation or enforcement matter; it is not ready. I have advised Deputy terial nonpublic information for purposes of ‘‘(D) the sharing of information relevant to Attorney General Paul McNulty and more profitable trading is a form of unlawful the investigation or enforcement matter also Attorney General Gonzales that insider trading that harms investors. Public with an employee of that organization; or this legislation would be introduced companies that adhere to a regular and ob- ‘‘(E) a failure to terminate the employ- jectively identifiable program for selecting ment of or otherwise sanction any employee and we can work on it in the next Con- option grant dates presumptively are not en- of that organization because of the decision gress. gaging in fraudulent behavior regarding the by that employee to exercise the constitu- HEDGE FUNDS grant of those options. tional rights or other legal protections of Mr. SPECTER. Mr. President, I will (7) The hedge fund industry currently ac- that employee in response to a Government counts for approximately 30 percent of all include for the RECORD proposed legis- request; or United States equity trading volume, and ‘‘(3) demand or request that an organiza- lation to deal with hedge funds. The this percentage has been growing rapidly. A tion, or person affiliated with that organiza- Judiciary Committee has had a series substantial percentage of the open investiga- tion, not take any action described in para- of hearings on this important subject, tions of insider trading by the Securities and graph (2). now $1.3 trillion in the economy, 30 Exchange Commission in 2006 involve hedge ‘‘(c) INAPPLICABILITY.—Nothing in this Act percent of the stock transactions. funds. shall prohibit an agent or attorney of the After reflecting on the matter, I have (8) Hedge funds increasingly are making United States from requesting or seeking decided not to introduce the legislation loans, participating in private placements, any communication or material that such but simply to put the draft bill in the and sitting on bankruptcy committees and agent or attorney reasonably believes is not corporate boards. These changes increase entitled to protection under the attorney-cli- record so that there can be further hedge funds’ access to material nonpublic in- ent privilege or attorney work product doc- comment. I talked about this proposed formation. Pressure on hedge funds to de- trine. legislation earlier this week and had liver high returns may increase the risk of ‘‘(d) VOLUNTARY DISCLOSURES.—Nothing in said that I was going to introduce the insider trading or other misuse of such infor- this Act is intended to prohibit an organiza- legislation, but I want to give inter- mation. tion from making, or an agent or attorney of ested parties more time to comment on (9) Light regulation, secrecy, unregulated the United States from accepting, a vol- it. recordkeeping, and limited compliance pro- untary and unsolicited offer to share the in- grams of hedge funds increase the difficulty ternal investigation materials of such orga- I ask unanimous consent that a sum- mary of the bill and the bill itself be of detecting and proving unlawful insider nization.’’. trading by hedge funds. (b) CONFORMING AMENDMENT.—The table of printed in the RECORD. I am not intro- (10) Hedge funds enhance market liquidity sections for chapter 201 of title 18, United ducing the bill. I do not look for a Sen- and contribute to pricing efficiency and mar- States Code, is amended by adding at the end ate bill number on it. But it will be in ket stabilization, but these sophisticated in- the following: the public record, and there will be struments should be restricted to wealthy ‘‘3014. Preservation of fundamental legal more time for people in the profession investors. Recent hedge fund collapses and protections and rights in the to evaluate and comment upon it. fraudulent trading activities have harmed context of investigations and There being no objection, the mate- retirees and smaller investors who increas- enforcement matters regarding rial was ordered to be printed in the ingly are exposed to the risk of hedge funds organizations.’’. through intermediaries such as pension RECORD, as follows: funds and long term growth and saving vehi- ATTORNEY-CLIENT PRIVILEGE PROTECTION ACT S. ll cles. Requiring registration with the Securi- OF 2006 Be it enacted by the Senate and House of Rep- ties and Exchange Commission by hedge The bill protects the attorney-client rela- resentatives of the United States of America in funds or hedge fund advisers that sell securi- tionship by prohibiting federal lawyers and Congress assembled, ties to or manage investments of pension

VerDate Nov 24 2008 09:34 Jan 27, 2010 Jkt 049102 PO 00000 Frm 00038 Fmt 0686 Sfmt 0634 E:\BR06\S07DE6.001 S07DE6 cprice-sewell on DSK2BSOYB1PROD with BOUND RECORD 22950 CONGRESSIONAL RECORD—SENATE, Vol. 152, Pt. 18 December 7, 2006 funds and smaller investors strikes the ap- ‘‘(A) make such investigations as the At- economic losses resulting from such retalia- propriate balance between investor protec- torney General determines necessary to as- tion, and attorneys’ fees. tion and capital formation needs. certain whether any person has violated, is SEC. 6. COMPLIANCE AND RECORDKEEPING BY (b) PURPOSE.—The purpose of this Act is to violating, or is about to violate any provi- HEDGE FUNDS AND FUNDS OF ensure effective criminal enforcement of pro- sion of this section; HEDGE FUNDS. hibitions against unlawful insider trading ‘‘(B) request or receive, at any stage of an and effective protection of the integrity of investigation, evidence concerning such acts (a) IN GENERAL.—Not later than 180 days the securities markets and investors who use or practices as may constitute a violation of after the date of enactment of this Act, each them by authorizing coordination of inves- this section from the Securities and Ex- hedge fund, fund of hedge funds, and man- tigation by civil regulatory agencies and the change Commission, Commodities Futures ager of a hedge fund or fund of hedge funds Department of Justice, providing effective Trading Commission, or another Federal that offers securities to, or manages invest- incentives for private citizens to report and agency; and ments of, residents of the United States provide evidence of misuse of material non- ‘‘(C) coordinate the investigation and pros- shall— public information, requiring hedge funds to ecution of acts or practices as may con- (1) establish a written code of ethics that create and enforce effective compliance pro- stitute a violation of this section with the contains provisions reasonably necessary to grams and ensure maintenance of records, attorney general of any State or States. prevent misuse of material nonpublic infor- and removing exemptions from coverage ‘‘(2) NO REQUIREMENT TO DISCLOSE.—The At- mation; under the Securities Act of 1933, and the In- torney General and agents of any other Fed- (2) design a formal compliance program vestment Company Act of 1940, for hedge eral agency have no duty, and shall not be and written policies and procedures that ad- funds that choose to sell to and manage in- required, to disclose any contact or inves- dress— vestments of pension funds and retail inves- tigation described in paragraph (1) to any (A) safeguarding of material nonpublic in- tors, unless the adviser or manager is reg- person, except under a court order issued on formation; istered under the Investment Advisers Act of good cause shown that the sole basis for the (B) misuse of material nonpublic informa- 1940. civil investigation is to assist in a criminal tion; SEC. 3. DEFINITIONS. investigation by the Attorney General.’’. (C) the personal securities transactions and ownership of employees; In this Act— SEC. 5. INCENTIVES FOR PRIVATE CITIZENS TO (1) the term ‘‘hedge fund’’— REPORT AND ASSIST IN THE INVES- (D) employee education and acknowledg- (A) means a privately offered, pooled in- TIGATION OF UNLAWFUL INSIDER ment of education; vestment vehicle— TRADING; PROTECTION FROM RE- (E) the role of trained compliance per- (i) that is not widely available to the pub- TALIATION. sonnel in the monitoring and control of ma- lic; and (a) AWARDS.— terial nonpublic information; and (ii) the assets of which are managed by a (1) IN GENERAL.—The Attorney General of (F) detection and prevention of misuse of professional investment management firm or the United States may award an amount material nonpublic information; and other fund manager or adviser; and equal to not more than 30 percent of any (3) implement procedures, internal con- (B) does not include a private equity, ven- fine, penalty, or settlement recovered by the trols, and recordkeeping systems adequate to ture capital, or real estate fund; and Attorney General to a person who provides ensure compliance with the code, program, (2) the term ‘‘qualified purchaser’’ has the information leading to the prosecution of un- policies, and procedures described in para- meaning given that term in section 2 of the lawful insider trading, or other violation of graphs (1) and (2). Investment Company Act of 1940 (15 U.S.C. section 1348 of title 18, United States Code, (b) PENALTY.—Any hedge fund, fund of 80a-2). (as amended by this Act), the Securities Ex- hedge funds, or manager or adviser of a SEC. 4. MISUSE OF MATERIAL NONPUBLIC INFOR- change Act of 1934 (15 U.S.C. 78a et seq.), or hedge fund that fails to comply with sub- MATION. a related wire or mail fraud. section (a) and offers securities to, or man- Section 1348 of title 18, United States Code, (2) CONSIDERATIONS.—In making an award ages investments of, residents of the United is amended— under this subsection, the Attorney General States shall each be fined not more than (1) by inserting ‘‘(a) IN GENERAL.—’’ before shall take into account— $5,000 per day of material violation of this ‘‘Whoever’’; and (A) the importance of the information pro- section. (2) by adding at the end the following: vided by the person; (c) ENFORCEMENT.— ‘‘(b) MISUSE OF MATERIAL NONPUBLIC IN- (B) whether the Federal Government had (1) IN GENERAL.—Compliance with this sec- FORMATION.— some or all of the information provided by tion shall be enforced by the Department of ‘‘(1) IN GENERAL.—It shall be unlawful for the person before that person provided that Justice and the Securities and Exchange any person to— information; Commission. ‘‘(A) knowingly use material nonpublic in- (C) whether the information was provided (2) RECORDS.—The records of a hedge fund, formation of a specific nature gained by voluntarily; fund of hedge funds, or manager or adviser of means other than research and skill as a sig- (D) whether the person was complicit; a hedge fund relating to a requirement of nificant factor in a trading decision (includ- (E) the assistance of other persons; and this section or compliance with this section ing a decision affecting the timing or volume (F) the amount of the fine, penalty, or set- are subject to reasonable periodic, special, of trading) in connection with any security tlement from which the award will be paid. and other examination by a representative of of an issuer with a class of securities reg- (3) IDENTITY.—The identity of a person pro- the Department of Justice or the Securities istered under section 12 of the Securities Ex- viding confidential information regarding and Exchange Commission for purposes of change Act of 1934 (15 U.S.C. 78l) or that is unlawful insider trading or related fraud determining compliance with this section. required to file reports under section 15(d) of may remain anonymous, and that person the Securities Exchange Act of 1934 (15 may still be eligible to receive an award (d) DISCLOSURES.—Each hedge fund and U.S.C. 78o) (including trading in options con- under this subsection, if that person provides fund of hedge funds shall provide any inves- tracts), regardless of whether such person sufficient evidence to allow the identifica- tor or prospective investor in that hedge owes a duty to, has an agreement with, or tion of that person as the source of that in- fund with information to enhance the ability makes a disclosure of intent to trade to the formation. of that investor or prospective investor to source of the information; or (4) EXCLUSIONS.—A Federal employee or an evaluate investment decisions regarding ‘‘(B) knowingly use material nonpublic in- employee of a self-regulatory organization that hedge fund, including information re- formation of a specific nature to establish, (as that term is defined in section 3 of the garding— or to otherwise manipulate, the grant date Securities Exchange Act of 1934 (15 U.S.C. (1) the investment objectives, strategies to or strike price of stock options or the timing 78c)) may not receive an award under this be employed, and range of permissible in- of the publication of material nonpublic in- subsection if the information provided to the vestments of that hedge fund; formation for the purpose of creating the po- Federal Government was gained in the (2) the risks of making an investment in tential for increased profitability of the ex- course of the employment of that person. that hedge fund, including the use of debt to ercise of stock options or other trading in se- (b) RETALIATION.—A person who suffers re- leverage returns; curities. taliation because that person, in good faith (3) base-line performance information re- ‘‘(2) PENALTY.—Whoever violates para- and with reasonable basis, has provided spe- garding that hedge fund; graph (1) shall be fined under this title, im- cific information about unlawful insider (4) any agreement between the hedge fund prisoned not more than 25 years, or both. trading to the Federal Government, or has and investors that varies the material terms ‘‘(c) INVESTIGATIONS OF OFFENSES.— assisted in a Federal investigation of unlaw- of the arrangements with certain investors; ‘‘(1) IN GENERAL.—The Attorney General ful insider trading, may file a private action and may, in the discretion of the Attorney Gen- in a United States district court against the (5) whether that hedge fund has engaged eral, and in no way in limitation of any person or entity that has engaged in the re- qualified external auditors to audit annual other authority of the Attorney General— taliation, and may recover damages based on financial statements.

VerDate Nov 24 2008 09:34 Jan 27, 2010 Jkt 049102 PO 00000 Frm 00039 Fmt 0686 Sfmt 0634 E:\BR06\S07DE6.001 S07DE6 cprice-sewell on DSK2BSOYB1PROD with BOUND RECORD December 7, 2006 CONGRESSIONAL RECORD—SENATE, Vol. 152, Pt. 18 22951 SEC. 7. REGISTRATION OF HEDGE FUNDS THAT nomination of Dr. Andrew von Eschenbach them are sitting in this room today. CHOOSE TO OFFER SECURITIES TO to be Commissioner of the Food and Drug The quality of the people he has around PENSION FUNDS AND SMALLER IN- Administration. Dr. von Eschenbach brings him says a tremendous amount about VESTORS. an extraordinary record to the FDA as he (a) SECURITIES ACT OF 1933.—On and after has accomplished a great deal. him, as does the passion with which the date that is 300 days after the date of en- I am pleased that the Senate invoked clo- they served him and the passion with actment of this Act, the sale of securities, ture on Dr. von Eschenbach’s nomination, which he serves the country. directly or indirectly, by a hedge fund, fund and that the Health, Education, Labor and I also came to know Karen and his of hedge funds, or manager or adviser of a Pensions committee unanimously supported six kids. They are extraordinary peo- hedge fund to a pension fund or investor who the nomination of such an accomplished is not a qualified purchaser shall be a public ple. RICK is a great leader of his home. Pennsylvanian. A native of Philadelphia, Dr. offering for purposes of section 4(2) of the Se- Just seeing the love and respect that von Eschenbach earned a B.S. from St. Jo- curities Act of 1933 (15 U.S.C. 77d(2)). Karen has for RICK and that his chil- seph’s University in Philadelphia in 1963, and (b) INVESTMENT COMPANY ACT OF 1940.—On dren have for him as a father says a lot and after the date that is 300 days after the his medical degree from Georgetown Univer- sity School of Medicine in 1967. He completed about him as an individual as well. date of enactment of this Act, a hedge fund I am going to keep this short. This is manager or adviser that manages, directly or residencies at Pennsylvania Hospital in gen- indirectly, the investments of a public or pri- eral surgery and urology and taught urology completely from the heart. I can say vate pension fund or of any person who is not at the University of Pennsylvania School of with confidence that as a human being, a qualified purchaser may not be determined Medicine. He also served in the U.S. Navy there have been maybe as good human to be excluded from the definition of an in- Medical Corps with the rank of lieutenant beings who have served in this Senate, vestment company for purposes of the In- commander from 1968 to 1971. Dr. von but there have been no better. He is vestment Company Act of 1940 (15 U.S.C. 80a- Eschenbach is a nationally recognized uro- that quality of a human being. His logic surgeon and oncologist, and his distin- 1 et seq.) based on paragraph (1) or (7) of sec- faith leads him to that. I consider it a tion 3(c) of that Act (15 U.S.C. 80a-3(c)). guished career as a leader in the fight (c) APPLICABILITY.—This section shall not against cancer spans over three decades. great privilege to have served with him apply— As Chairman of the Labor, Health and and to call him a friend over these last (1) to any hedge fund or fund of hedge Human Services, and Education Appropria- 6 years. I know the friendship he and I funds if less than 5 percent of the capital of tions subcommittee, I have worked with Dr. share will be a lifetime friendship. that fund is attributable, directly or indi- von Eschenbach in his capacity as director of RICK, this body will miss you greatly, rectly, to investments by pension funds or the National Cancer Institute (NCI). When but no one in this body will miss you investors who are not qualified purchasers; Dr. von Eschenbach was president-elect of more than I. the American Cancer Society, he was se- or The PRESIDING OFFICER (Mr. (2) to a hedge fund adviser, if that advisor lected by President George W. Bush to head is registered with the Securities and Ex- the NCI in December 2001. As director of the CHAFEE). The Senator from Pennsyl- change Commission under the Investment NCI, he announced in 2003 that his organiza- vania is recognized. Advisers Act of 1940. tion’s goal was to ‘‘eliminate suffering and FAREWELL TO THE SENATE SEC. 8. REVISING DEFINITION OF ACCREDITED death’’ caused by cancer by the year 2015. Mr. SANTORUM. Mr. President, let INVESTOR AS APPLIED RETAIL IN- In 1970, the President of the United States, me thank my great friend and col- VESTMENT IN HEDGE FUNDS. Richard Nixon, declared war on cancer and league from Nevada for his very kind A hedge fund may not charge a perform- had that war been pursued with the same ance fee, if more than 5 percent of the assets diligence and resources that we pursue other words. I thank him for coming to hear under management of the hedge fund are wars, I would not have gotten cancer, my my last speech on the floor of the Sen- owned by persons whose net worth, or joint former chief of staff, Carey Lackman would ate. I know there are many listening net worth with the person’s spouse, is less not have died of cancer, a good friend of who are applauding at this moment for than $3,000,000, excluding the value of the mine, Paula Kline, wife of Tom Kline, my that. But I come here with a wonderful primary residence of the person. former law partner, and my good friend Fed- spirit. I have written on the top of the Mr. SPECTER. Mr. President, I urge eral Judge Edward Becker would not have page the same words that I wrote the the confirmation of Dr. Andrew von died. It is something that we hear about night of the election, and that is the every day. Dr. von Eschenbach, a cancer sur- Eschenbach to be Commissioner of the word ‘‘gratitude’’ because that is all I Food and Drug Administration. Dr. vivor himself, understands the need for bet- ter cancer treatments. During Dr. von feel—an incredible sense of gratitude. Von Eschenbach is a native Philadel- Eschenbach’s tenure as Director of the NCI, Mark Rodgers is my long-time friend phian. He has had a very distinguished funding for the NCI for FY03 was $4.67 bil- and chief of staff, now head of the con- professional record. He has served as lion. Today, recommended Senate funding ference. We were talking again this the director of the National Cancer In- for the NCI is $4.8 billion, an increase of $13 morning about coming to work every stitute. He has made a commitment million. However, it is concerning that the day and walking up to the Capitol publicly to lead the way to conquer funding for the NCI in fiscal year 2006 was $50 Building every day for 16 years now million less than fiscal year 2005. cancer by the year 2015. Frankly, that and still feeling that, wow, I work is not good enough for me. I think we If Dr. von Eschenbach is confirmed, I look forward to working with him as Commis- here—every day for 16 years. It was ought to do it sooner. sioner of the FDA. His expertise, experience, such a gift, such an incredible gift to In 1970, President Nixon declared war and commitment to public service will be of be blessed to serve the people of the on cancer. Had we pursued that war great services to our nation. 18th District in the Congress, south- with the same diligence we have pur- The PRESIDING OFFICER. The Sen- western Pennsylvania, in Allegheny sued other wars, many people would ator from Nevada. County, and for 12 incredible years to not have died and many people would RICK SANTORUM be able to serve the people of Pennsyl- not have contracted cancer. Dr. Von Mr. ENSIGN. Mr. President, I am vania here. Eschenbach has done an outstanding going to take a couple minutes to talk So first and foremost, I want to job in his professional career, and he about my great friend RICK SANTORUM. thank who is most responsible—and would make an excellent Commissioner Election night; a lot of emotions going that is God—for this great gift he has of the FDA. on; no question my heart was torn be- bestowed upon me and my family—to I ask unanimous consent that my cause my best friend in the Senate lost be able the serve the greatest country statement of his qualifications and the election that night. I was saddened in the history of the world and to serve background be printed in the RECORD. There being no objection, the mate- simply from a personal level, but I was in a body that is, and hopefully will be, rial was ordered to be printed in the also saddened for our country because I the greatest deliberative body in the world. I think back to my dad, when he RECORD, as follows: believe RICK SANTORUM has served this came to this country, and my mom, STATEMENT OF SENATOR ARLEN SPECTER— country so well. His integrity, his vi- NOMINATION OF DR. ANDREW VON sion—so many things about this man who is a second generation, and I think ESCHENBACH COMMISSIONER OF THE FOOD have really been extraordinary. of how I grew up. It is amazing what a AND DRUG ADMINISTRATION I have gotten to know a lot of the great country this is and how God has Mr. SPECTER. Mr. President, I have people around him, his staff. It says a bestowed upon me and my family tre- sought recognition to speak in support of the lot about him because of how many of mendous blessings. So I thank Him for

VerDate Nov 24 2008 09:34 Jan 27, 2010 Jkt 049102 PO 00000 Frm 00040 Fmt 0686 Sfmt 0634 E:\BR06\S07DE6.001 S07DE6 cprice-sewell on DSK2BSOYB1PROD with BOUND RECORD 22952 CONGRESSIONAL RECORD—SENATE, Vol. 152, Pt. 18 December 7, 2006 the opportunity he has given me to So, hopefully, out of this experience through research, screening, intervention serve. We are all called to serve. Some they have been given a sense of pur- and education’’, do pass with the following are frustrated because they don’t think pose, and they know more about what amendment: they are in a job or a position in life Strike out all after the enacting clause and life should be all about and that is to insert: where they are doing what God has serve—serve God, serve your family, called them to do. God has blessed me SECTION 1. SHORT TITLE. serve your community, and to serve This Act may be cited as the ‘‘Combating Au- with the opportunity to do this and to your country. It is a great blessing. I tism Act of 2006’’. serve in a way that I hope he has called thank them for the opportunity they SEC. 2. CENTERS OF EXCELLENCE; IMPROVING me to serve. have given me, through their sacrifice, AUTISM-RELATED RESEARCH. Second, I thank my family. Karen to do that for the last 16 years. (a) CENTERS OF EXCELLENCE REGARDING RE- and the kids are watching. They have I thank my mom and dad and Karen’s SEARCH ON AUTISM.—Section 409C of the Public suffered a lot and have sacrificed a lot mom and dad and all in our family who Health Service Act (42 U.S.C.284g) is amended— in 16 years. I was telling JOHN the have been supportive every step of the (1) in the section heading, by striking ‘‘AU- TISM’’ and inserting ‘‘AUTISM SPECTRUM DIS- other day that it is amazing how you way—sometimes wondering why I was ORDER’’; think you are doing certain things doing this, sometimes unable to walk well, and then you have the oppor- (2) by striking the term ‘‘autism’’ each place to the end of the driveway and pick up such term appears (other than the section head- tunity to spend a little more time the paper for fear of what next was ing) and inserting ‘‘autism spectrum disorder’’; doing those things and you realize how going to be said about their son-in-law and insufficiently you did them in the past. or son. But they stood with us and (3) in subsection (a)— A phrase from the Bible is ringing in fought with us and they comforted us. (A) by redesignating paragraph (2) as para- my ears, ‘‘the scales falling off of the graph (3); and I thank them. eyes.’’ In the last month or so, I have (B) by striking paragraph (1) and inserting JOHN mentioned the people who are had a lot of scales fall from my eyes— the following: here in this room, my staff. to see not just what the 2 years have ‘‘(1) EXPANSION OF ACTIVITIES.—The Director I ask unanimous consent to have of NIH (in this section referred to as the ‘Direc- been to my family, which have been a printed a list of all of the folks who tor’) shall, subject to the availability of appro- tough 2 or 3 years, but the accumula- worked for us over the last 12 years in priations, expand, intensify, and coordinate the tion of 16 years in what is a very dif- the Senate at the end of my remarks. activities of the National Institutes of Health ficult life. I know everybody here rec- The PRESIDING OFFICER. Without with respect to research on autism spectrum dis- ognizes that because you live it. They order, including basic and clinical research in objection, it is so ordered. fields including pathology, developmental know how difficult this life is, how (See exhibit 1.) public everything we do and say is or neurobiology, genetics, epigenetics, pharma- Mr. SANTORUM. Mr. President, I cology, nutrition, immunology, neuroimmunol- what we are accused of. We think we wish I could read all these names, but understand how difficult that is for our ogy, neurobehavioral development, endocri- there are a lot of names. These are peo- nology, gastroenterology, and toxicology. Such family, but I don’t think we really do. ple who worked for me in my personal research shall investigate the cause (including I want to say thank you to Karen, who office in Washington and in my offices possible environmental causes), diagnosis or rule I picture in my mind with this T-shirt across the State and the people who out, early detection, prevention, services, sup- dress she wore and had stenciled on it worked here in Washington in my lead- ports, intervention, and treatment of autism ‘‘Santorum for Congress.’’ She went spectrum disorder. ership office at the Senate Republican knocking on doors in 1990, when no one ‘‘(2) CONSOLIDATION.—The Director may con- Conference. JOHN said it so well. These gave us a chance. We did the impos- solidate program activities under this section if are incredible people. I have had the sible. We were able to defeat a 14-year such consolidation would improve program effi- opportunity now in the last few days to incumbent who no one thought could ciencies and outcomes.’’. sit and talk with each one of my staff (b) CENTERS OF EXCELLENCE GENERALLY.— be beat. I would not have even come members to find out what they are Part A of title IV of the Public Health Service close to winning that election but for doing and to get any final thoughts Act (42 U.S.C. 281 et seq.) is amended by adding her. at the end the following: In 1994, it was the same thing. She they would have. One after another, I have been amazed at the dedication, in- ‘‘SEC. 404H. REVIEW OF CENTERS OF EXCEL- went out with the two children at LENCE. home and she spent day after day—not telligence, caring, and the commit- ‘‘(a) IN GENERAL.—Not later than April 1, traveling with, no; she was giving ment of service they had to the people 2008, and periodically thereafter, the Secretary, speeches in her own right and traveling of Pennsylvania, or to the causes I acting through the Director of NIH, shall con- all over the Commonwealth of Pennsyl- have attempted to do my best to fight duct a review and submit a report to the appro- vania, sacrificing. They continued to for in the Senate. These are incredibly priate committees of the Congress on the centers of excellence. do that day after day, year after year. talented people whom I have been so blessed to be associated with and to ‘‘(b) REPORT CONTENTS.—Each report under I was a Senator, and I had important subsection (a) shall include the following: things to do. work with. ‘‘(1) Evaluation of the performance and re- I tell stories all the time about de- I looked at the list of our legislative search outcomes of each center of excellence. bates that were held on the floor of the accomplishments and I can say, yes, I ‘‘(2) Recommendations for promoting coordi- Senate, when I would call Karen and worked on that, but on the autism leg- nation of information among centers of excel- say I had to come back to this very islation, Jennifer Vesey wrote it, not lence. place and say more. There was never a me. She spent 16 months working with ‘‘(3) Recommendations for improving the effec- tiveness, efficiency, and outcomes of the centers hesitation. She served more than I did. 15 offices. In fact, let me do something at this point. of excellence. My children—none of them have known ‘‘(c) DEFINITION.—In this section, the term their father without being in politics. I COMBATING AUTISM ACT OF 2006 ‘center of excellence’ means an entity receiving got married in 1990 to Karen, and Eliza- Mr. SANTORUM. Mr. President, I funding under this title in its capacity as a cen- beth came along 11 months later. Their ask the Chair lay before the Senate a ter of excellence.’’. life has been with their father in poli- message from the House of Representa- SEC. 3. DEVELOPMENTAL DISABILITIES SURVEIL- tics, in the public arena. They have had tives on the bill (S. 843) to combat au- LANCE AND RESEARCH PROGRAM. to deal with that in both pleasurable tism through research, screening, (a) IN GENERAL.—Title III of the Public ways and some very painful ways. So I intervention and education. Health Service Act (42 U.S.C. 241 et seq.) is amended by adding at the end the following: thank them for being without their dad The PRESIDING OFFICER laid be- far too often. Even when they are with fore the Senate the following message ‘‘PART R—PROGRAMS RELATING TO AUTISM their dad, I am not as attentive as I from the House of Representatives. should have been. But I think they ‘‘SEC. 399AA. DEVELOPMENTAL DISABILITIES S. 843 SURVEILLANCE AND RESEARCH PRO- knew and they shared in the endeavor Resolved, That the bill from the Senate (S. GRAM. because they knew it was important 843) entitled ‘‘An Act to amend the Public ‘‘(a) AUTISM SPECTRUM DISORDER AND OTHER for them and for our country. Health Service Act to combat autism DEVELOPMENTAL DISABILITIES.—

VerDate Nov 24 2008 09:34 Jan 27, 2010 Jkt 049102 PO 00000 Frm 00041 Fmt 0686 Sfmt 6333 E:\BR06\S07DE6.001 S07DE6 cprice-sewell on DSK2BSOYB1PROD with BOUND RECORD December 7, 2006 CONGRESSIONAL RECORD—SENATE, Vol. 152, Pt. 18 22953

‘‘(1) IN GENERAL.—The Secretary, acting Disabilities Assistance and Bill of Rights Act of ‘‘(vii) the program under title V of the Social through the Director of the Centers for Disease 2000 (42 U.S.C. 15002(8)). Security Act (the Maternal and Child Health Control and Prevention, may award grants or ‘‘(2) STATE.—The term ‘State’ means each of Block Grant Program); cooperative agreements to eligible entities for the the several States, the District of Columbia, the ‘‘(viii) the program under parts B and C of the collection, analysis, and reporting of State epi- Commonwealth of Puerto Rico, American Individuals with Disabilities Education Act; demiological data on autism spectrum disorder Samoa, Guam, the Commonwealth of the North- ‘‘(ix) the special supplemental nutrition pro- and other developmental disabilities. An eligible ern Mariana Islands, the Virgin Islands, and gram for women, infants, and children estab- entity shall assist with the development and co- the Trust Territory of the Pacific Islands. lished under section 17 of the Child Nutrition ordination of State autism spectrum disorder ‘‘(e) SUNSET.—This section shall not apply Act of 1966 (42 U.S.C. 1786); and and other developmental disability surveillance after September 30, 2011. ‘‘(x) the State grant program under the Reha- efforts within a region. In making such awards, ‘‘SEC. 399BB. AUTISM EDUCATION, EARLY DETEC- bilitation Act of 1973. the Secretary may provide direct technical as- TION, AND INTERVENTION. ‘‘(B) State licensed child care facilities; and sistance in lieu of cash. ‘‘(a) PURPOSE.—It is the purpose of this sec- ‘‘(C) other community-based organizations or ‘‘(2) DATA STANDARDS.—In submitting epide- tion— points of entry for individuals with autism spec- miological data to the Secretary pursuant to ‘‘(1) to increase awareness, reduce barriers to trum disorder and other developmental disabil- paragraph (1), an eligible entity shall report screening and diagnosis, promote evidence-based ities to receive services. data according to guidelines prescribed by the interventions for individuals with autism spec- ‘‘(2) LEAD AGENCY.— Director of the Centers for Disease Control and trum disorder or other developmental disabil- ‘‘(A) DESIGNATION.—As a condition on the Prevention, after consultation with relevant ities, and train professionals to utilize valid and provision of assistance or the conduct of activi- State and local public health officials, private reliable screening tools to diagnose or rule out ties under this section with respect to a State, sector developmental disability researchers, and and provide evidence-based interventions for the Secretary may require the Governor of the advocates for individuals with autism spectrum children with autism spectrum disorder and State— disorder or other developmental disabilities. other developmental disabilities; and ‘‘(i) to designate a public agency as a lead ‘‘(3) ELIGIBILITY.—To be eligible to receive an ‘‘(2) to conduct activities under this section agency to coordinate the activities provided for award under paragraph (1), an entity shall be a with a focus on an interdisciplinary approach under paragraph (1) in the State at the State public or nonprofit private entity (including a (as defined in programs developed under section level; and health department of a State or a political sub- 501(a)(2) of the Social Security Act) that will ‘‘(ii) acting through such lead agency, to division of a State, a university, or any other also focus on specific issues for children who are make available to individuals and their family educational institution), and submit to the Sec- not receiving an early diagnosis and subsequent members, guardians, advocates, or authorized retary an application at such time, in such man- interventions. representatives; providers; and other appro- ner, and containing such information as the ‘‘(b) IN GENERAL.—The Secretary shall, sub- priate individuals in the State, comprehensive Secretary may require. ject to the availability of appropriations, estab- culturally competent information about State ‘‘(b) CENTERS OF EXCELLENCE IN AUTISM SPEC- lish and evaluate activities to— and local resources regarding autism spectrum TRUM DISORDER EPIDEMIOLOGY.— ‘‘(1) provide information and education on disorder and other developmental disabilities, ‘‘(1) IN GENERAL.—The Secretary, acting autism spectrum disorder and other develop- risk factors, characteristics, identification, diag- through the Director of the Centers for Disease mental disabilities to increase public awareness nosis or rule out, available services and sup- Control and Prevention, shall, subject to the of developmental milestones; ports, and evidence-based interventions. availability of appropriations, award grants or ‘‘(2) promote research into the development ‘‘(B) REQUIREMENTS OF AGENCY.—In desig- cooperative agreements for the establishment of and validation of reliable screening tools for au- nating the lead agency under subparagraph regional centers of excellence in autism spectrum tism spectrum disorder and other developmental (A)(i), the Governor shall— disorder and other developmental disabilities ep- disabilities and disseminate information regard- ‘‘(i) select an agency that has demonstrated idemiology for the purpose of collecting and ing those screening tools; experience and expertise in— analyzing information on the number, inci- ‘‘(3) promote early screening of individuals at ‘‘(I) autism spectrum disorder and other devel- dence, correlates, and causes of autism spectrum higher risk for autism spectrum disorder and opmental disability issues; and disorder and other developmental disabilities. other developmental disabilities as early as ‘‘(II) developing, implementing, conducting, practicable, given evidence-based screening ‘‘(2) REQUIREMENTS.—To be eligible to receive and administering programs and delivering edu- a grant or cooperative agreement under para- techniques and interventions; cation, information, and referral services (in- ‘‘(4) increase the number of individuals who graph (1), an entity shall submit to the Sec- cluding technology-based curriculum-develop- are able to confirm or rule out a diagnosis of au- retary an application containing such agree- ment services) to individuals with developmental tism spectrum disorder and other developmental ments and information as the Secretary may re- disabilities and their family members, guard- disabilities; quire, including an agreement that the center to ians, advocates or authorized representatives, ‘‘(5) increase the number of individuals able to be established under the grant or cooperative providers, and other appropriate individuals lo- provide evidence-based interventions for individ- agreement shall operate in accordance with the cally and across the State; and uals diagnosed with autism spectrum disorder or following: ‘‘(ii) consider input from individuals with de- other developmental disabilities; and ‘‘(A) The center will collect, analyze, and re- velopmental disabilities and their family mem- ‘‘(6) promote the use of evidence-based inter- port autism spectrum disorder and other devel- bers, guardians, advocates or authorized rep- ventions for individuals at higher risk for au- opmental disability data according to guidelines resentatives, providers, and other appropriate tism spectrum disorder and other developmental prescribed by the Director of the Centers for Dis- individuals. disabilities as early as practicable. ease Control and Prevention, after consultation ‘‘(C) INFORMATION.—Information under sub- ‘‘(c) INFORMATION AND EDUCATION.— with relevant State and local public health offi- ‘‘(1) IN GENERAL.—In carrying out subsection paragraph (A)(ii) shall be provided through— cials, private sector developmental disability re- (b)(1), the Secretary, in collaboration with the ‘‘(i) toll-free telephone numbers; searchers, and advocates for individuals with Secretary of Education and the Secretary of Ag- ‘‘(ii) Internet websites; developmental disabilities. riculture, shall, subject to the availability of ap- ‘‘(iii) mailings; or ‘‘(B) The center will develop or extend an area propriations, provide culturally competent infor- ‘‘(iv) such other means as the Governor may of special research expertise (including genetics, mation regarding autism spectrum disorder and require. epigenetics, and epidemiological research related other developmental disabilities, risk factors, ‘‘(d) TOOLS.— to environmental exposures), immunology, and characteristics, identification, diagnosis or rule ‘‘(1) IN GENERAL.—To promote the use of valid other relevant research specialty areas. out, and evidence-based interventions to meet and reliable screening tools for autism spectrum ‘‘(C) The center will identify eligible cases and the needs of individuals with autism spectrum disorder and other developmental disabilities, controls through its surveillance system and disorder or other developmental disabilities and the Secretary shall develop a curriculum for conduct research into factors which may cause their families through— continuing education to assist individuals in or increase the risk of autism spectrum disorder ‘‘(A) Federal programs, including— recognizing the need for valid and reliable and other developmental disabilities. ‘‘(i) the Head Start program; screening tools and the use of such tools. ‘‘(c) FEDERAL RESPONSE.—The Secretary shall ‘‘(ii) the Early Start program; ‘‘(2) COLLECTION, STORAGE, COORDINATION, coordinate the Federal response to requests for ‘‘(iii) the Healthy Start program; AND AVAILABILITY.—The Secretary, in collabora- assistance from State health, mental health, and ‘‘(iv) programs under the Child Care and De- tion with the Secretary of Education, shall pro- education department officials regarding poten- velopment Block Grant Act of 1990; vide for the collection, storage, coordination, tial or alleged autism spectrum disorder or de- ‘‘(v) programs under title XIX of the Social and public availability of tools described in velopmental disability clusters. Security Act (particularly the Medicaid Early paragraph (1), educational materials and other ‘‘(d) DEFINITIONS.—In this part: and Periodic Screening, Diagnosis and Treat- products that are used by the Federal programs ‘‘(1) OTHER DEVELOPMENTAL DISABILITIES.— ment Program); referred to in subsection (c)(1)(A), as well as— The term ‘other developmental disabilities’ has ‘‘(vi) the program under title XXI of the So- ‘‘(A) programs authorized under the Develop- the meaning given the term ‘developmental dis- cial Security Act (the State Children’s Health mental Disabilities Assistance and Bill of Rights ability’ in section 102(8) of the Developmental Insurance Program); Act of 2000;

VerDate Nov 24 2008 09:34 Jan 27, 2010 Jkt 049102 PO 00000 Frm 00042 Fmt 0686 Sfmt 6333 E:\BR06\S07DE6.001 S07DE6 cprice-sewell on DSK2BSOYB1PROD with BOUND RECORD 22954 CONGRESSIONAL RECORD—SENATE, Vol. 152, Pt. 18 December 7, 2006 ‘‘(B) early intervention programs or inter- tion, and access to services and supports for in- ‘‘SEC. 399DD. REPORT TO CONGRESS. agency coordinating councils authorized under dividuals with autism spectrum disorder; ‘‘(a) IN GENERAL.—Not later than 4 years part C of the Individuals with Disabilities Edu- ‘‘(2) monitor Federal activities with respect to after the date of enactment of the Combating cation Act; and autism spectrum disorder; Autism Act of 2006, the Secretary, in coordina- ‘‘(C) children with special health care needs ‘‘(3) make recommendations to the Secretary tion with the Secretary of Education, shall pre- programs authorized under title V of the Social regarding any appropriate changes to such ac- pare and submit to the Health, Education, Security Act. tivities, including recommendations to the Direc- Labor, and Pensions Committee of the Senate ‘‘(3) REQUIRED SHARING.—In establishing tor of NIH with respect to the strategic plan de- and the Energy and Commerce Committee of the mechanisms and entities under this subsection, veloped under paragraph (5); House of Representatives a progress report on the Secretary, and the Secretary of Education, ‘‘(4) make recommendations to the Secretary activities related to autism spectrum disorder shall ensure the sharing of tools, materials, and regarding public participation in decisions relat- and other developmental disabilities. products developed under this subsection among ing to autism spectrum disorder; ‘‘(b) CONTENTS.—The report submitted under entities receiving funding under this section. ‘‘(5) develop and annually update a strategic subsection (a) shall contain— ‘‘(e) DIAGNOSIS.— plan for the conduct of, and support for, autism ‘‘(1) a description of the progress made in im- ‘‘(1) TRAINING.—The Secretary, in coordina- spectrum disorder research, including proposed plementing the provisions of the Combating Au- tion with activities conducted under title V of budgetary requirements; and tism Act of 2006; the Social Security Act, shall, subject to the ‘‘(6) submit to the Congress such strategic ‘‘(2) a description of the amounts expended on availability of appropriations, expand existing plan and any updates to such plan. the implementation of the particular provisions interdisciplinary training opportunities or op- ‘‘(c) MEMBERSHIP.— of Combating Autism Act of 2006; portunities to increase the number of sites able ‘‘(1) IN GENERAL.—The Committee shall be ‘‘(3) information on the incidence of autism to diagnose or rule out individuals with autism composed of— spectrum disorder and trend data of such inci- spectrum disorder or other developmental dis- ‘‘(A) the Director of the Centers for Disease dence since the date of enactment of the Com- abilities and ensure that— Control and Prevention; bating Autism Act of 2006; ‘‘(A) competitive grants or cooperative agree- ‘‘(B) the Director of the National Institutes of ‘‘(4) information on the average age of diag- ments are awarded to public or nonprofit agen- Health, and the Directors of such national re- nosis for children with autism spectrum disorder cies, including institutions of higher education, search institutes of the National Institutes of and other disabilities, including how that age to expand existing or develop new maternal and Health as the Secretary determines appropriate; may have changed over the 4-year period begin- ‘‘(C) the heads of such other agencies as the child health interdisciplinary leadership edu- ning on the date of enactment of this Act; Secretary determines appropriate; cation in neurodevelopmental and related dis- ‘‘(5) information on the average age for inter- ‘‘(D) representatives of other Federal Govern- abilities programs (similar to the programs de- vention for individuals diagnosed with autism mental agencies that serve individuals with au- veloped under section 501(a)(2) of the Social Se- spectrum disorder and other developmental dis- tism spectrum disorder such as the Department curity Act) in States that do not have such a abilities, including how that age may have of Education; and program; changed over the 4-year period beginning on the ‘‘(E) the additional members appointed under ‘‘(B) trainees under such training programs— date of enactment of this Act; paragraph (2). ‘‘(i) receive an appropriate balance of aca- ‘‘(6) information on the average time between ‘‘(2) ADDITIONAL MEMBERS.—Not fewer than 6 demic, clinical, and community opportunities; initial screening and then diagnosis or rule out members of the Committee, or 1/3 of the total ‘‘(ii) are culturally competent; for individuals with autism spectrum disorder or membership of the Committee, whichever is ‘‘(iii) are ethnically diverse; other developmental disabilities, as well as in- greater, shall be composed of non-Federal public ‘‘(iv) demonstrate a capacity to evaluate, di- formation on the average time between diagnosis members to be appointed by the Secretary, of agnose or rule out, develop, and provide evi- and evidence-based intervention for individuals which— dence-based interventions to individuals with with autism spectrum disorder or other develop- ‘‘(A) at least one such member shall be an in- autism spectrum disorder and other develop- mental disabilities; dividual with a diagnosis of autism spectrum mental disabilities; and ‘‘(7) information on the effectiveness and out- disorder; comes of interventions for individuals diagnosed ‘‘(v) demonstrate an ability to use a family- ‘‘(B) at least one such member shall be a par- with autism spectrum disorder, including by centered approach; and ent or legal guardian of an individual with an various subtypes, and other developmental dis- ‘‘(C) program sites provide culturally com- autism spectrum disorder; and abilities and how the age of the child may affect petent services. ‘‘(C) at least one such member shall be a rep- such effectiveness; ‘‘(2) TECHNICAL ASSISTANCE.—The Secretary resentative of leading research, advocacy, and ‘‘(8) information on the effectiveness and out- may award one or more grants under this sec- service organizations for individuals with au- comes of innovative and newly developed inter- tion to provide technical assistance to the net- tism spectrum disorder. vention strategies for individuals with autism work of interdisciplinary training programs. ‘‘(d) ADMINISTRATIVE SUPPORT; TERMS OF spectrum disorder or other developmental dis- ‘‘(3) BEST PRACTICES.—The Secretary shall SERVICE; OTHER PROVISIONS.—The following abilities; and promote research into additional valid and reli- provisions shall apply with respect to the Com- ‘‘(9) information on services and supports pro- able tools for shortening the time required to mittee: confirm or rule out a diagnosis of autism spec- ‘‘(1) The Committee shall receive necessary vided to individuals with autism spectrum dis- trum disorder or other developmental disabilities and appropriate administrative support from the order and other developmental disabilities who and detecting individuals with autism spectrum Secretary. have reached the age of majority (as defined for disorder or other developmental disabilities at ‘‘(2) Members of the Committee appointed purposes of section 615(m) of the Individuals an earlier age. under subsection (c)(2) shall serve for a term of with Disabilities Education Act (20 U.S.C. ‘‘(f) INTERVENTION.—The Secretary shall pro- 4 years, and may be reappointed for one or more 1415(m)).’’. mote research, through grants or contracts, to additional 4 year term. Any member appointed (b) REPEALS.—The following sections of the determine the evidence-based practices for inter- to fill a vacancy for an unexpired term shall be Children’s Health Act of 2000 (Public Law 106– ventions for individuals with autism spectrum appointed for the remainder of such term. A 310) are repealed: disorder or other developmental disabilities, de- member may serve after the expiration of the (1) Section 102 (42 U.S.C. 247b–4b), relating to velop guidelines for those interventions, and dis- member’s term until a successor has taken office. the Developmental Disabilities Surveillance and seminate information related to such research ‘‘(3) The Committee shall meet at the call of Research Program. and guidelines. the chairperson or upon the request of the Sec- (2) Section 103 (42 U.S.C. 247b–4c), relating to ‘‘(g) SUNSET.—This section shall not apply retary. The Committee shall meet not fewer than information and education. after September 30, 2011. 2 times each year. (3) Section 104 (42 U.S.C. 247b–4d), relating to ‘‘SEC. 399CC. INTERAGENCY AUTISM COORDI- ‘‘(4) All meetings of the Committee shall be the Inter-Agency Autism Coordinating Com- NATING COMMITTEE. public and shall include appropriate time peri- mittee. ‘‘(a) ESTABLISHMENT.—The Secretary shall es- ods for questions and presentations by the pub- (4) Section 105 (42 U.S.C. 247b–4e), relating to tablish a committee, to be known as the ‘Inter- lic. reports. agency Autism Coordinating Committee’ (in this ‘‘(e) SUBCOMMITTEES; ESTABLISHMENT AND SEC. 4. AUTHORIZATION OF APPROPRIATIONS. section referred to as the ‘Committee’), to coordi- MEMBERSHIP.—In carrying out its functions, the (a) IN GENERAL.—Part R of title III of the nate all efforts within the Department of Health Committee may establish subcommittees and Public Health Service Act, as added by section 3, and Human Services concerning autism spec- convene workshops and conferences. Such sub- is amended by adding at the end the following: trum disorder. committees shall be composed of Committee mem- ‘‘SEC. 399EE. AUTHORIZATION OF APPROPRIA- ‘‘(b) RESPONSIBILITIES.—In carrying out its bers and may hold such meetings as are nec- TIONS. duties under this section, the Committee shall— essary to enable the subcommittees to carry out ‘‘(a) DEVELOPMENTAL DISABILITIES SURVEIL- ‘‘(1) develop and annually update a summary their duties. LANCE AND RESEARCH PROGRAM.—To carry out of advances in autism spectrum disorder re- ‘‘(f) SUNSET.—This section shall not apply section 399AA, there are authorized to be appro- search related to causes, prevention, treatment, after September 30, 2011, and the Committee priated the following: early screening, diagnosis or rule out, interven- shall be terminated on such date. ‘‘(1) For fiscal year 2007, $15,000,000.

VerDate Nov 24 2008 09:34 Jan 27, 2010 Jkt 049102 PO 00000 Frm 00043 Fmt 0686 Sfmt 6333 E:\BR06\S07DE6.001 S07DE6 cprice-sewell on DSK2BSOYB1PROD with BOUND RECORD December 7, 2006 CONGRESSIONAL RECORD—SENATE, Vol. 152, Pt. 18 22955 ‘‘(2) For fiscal year 2008, $16,500,000. prove America, make America a better several months, I believe, in a German ‘‘(3) For fiscal year 2009, $18,000,000. place. They want to leave this place POW camp. When he got out of the ‘‘(4) or fiscal year 2010, $19,500,000. better than how they found it. They Army, he requested a POW medal, but ‘‘(5) For fiscal year 2011, $21,000,000. ‘‘(b) AUTISM EDUCATION, EARLY DETECTION, want to serve because they love this the paperwork didn’t show he had been AND INTERVENTION.—To carry out section country and they believe in what will captured. It was a secret mission, and 399BB, there are authorized to be appropriated make this country better. They work it never appeared on his military the following: long hours. They don’t get paid as record. ‘‘(1) For fiscal year 2007, $32,000,000. much as they could make if they wan- For 60 years, Patrick fought to get ‘‘(2) For fiscal year 2008, $37,000,000. dered off the Hill. I will put my folks, his designation as a POW. He never ‘‘(3) For fiscal year 2009, $42,000,000. married. In fact, later in his life after ‘‘(4) For fiscal year 2010, $47,000,000. both in Washington and across the ‘‘(5) For fiscal year 2011, $52,000,000. State, up against anybody. They are he retired from work, he became some- ‘‘(c) INTERAGENCY AUTISM COORDINATING sitting in the gallery and here along what of a recluse because he was COMMITTEE; CERTAIN OTHER PROGRAMS.—To the railing. They have given their all kidded by some of his buddies about carry out section 399CC, 409C, and section 404H, and I thank them. They served the peo- being a POW. It affected him dramati- there are authorized to be appropriated the fol- ple of Pennsylvania. Looking at Kevin cally, so much so that one of his lowing: Roy over there, I think of all of the friends and relatives contacted us to ‘‘(1) For fiscal year 2007, $100,000,000. earmarks—that is a dirty word—that say: Is there anything you can do? ‘‘(2) For fiscal year 2008, $114,500,000. ‘‘(3) For fiscal year 2009, $129,000,000. we were able to get to help the people Could it possibly be true? ‘‘(4) For fiscal year 2010, $143,500,000. in Pennsylvania in so many ways. I Ann Blocksidge in my office in Pitts- ‘‘(5) For fiscal year 2011, $158,000,000.’’. look at work we did for the nonprofit burgh, wizard that she is with these (b) CONFORMING AMENDMENT.—Section 409C community and welfare and families, issues that she has been working on of the Public Health Service Act (42 U.S.C. 284g) and Melanie Looney and her team now for 16 years, knew the places to is amended by striking subsection (e) (relating to worked on that. call and put the records together. We funding). It has been an incredible group. Our found out, yes, he was, and that was in Mr. SANTORUM. Mr. President, I Senate conference, the message folks— one place in one record and not in the ask unanimous consent that the Sen- it was awfully hard. Republicans are same place as the other record, and A ate concur in the House amendment, not good on the old message issue. We didn’t talk to B. So we were able to get the motion to reconsider be laid upon don’t follow our talking points very him his POW medal. the table, and any statements relating well. We try. We try. We have a lot of I remember pinning it on him. This to the bill be printed in the RECORD. independent thinkers on our side. God older man walked to the microphone. The PRESIDING OFFICER. Without bless them. They always have a better He said: There is one thing I want to objection, it is so ordered. way of saying things than what we sug- say. He said: I finally feel welcomed Mr. SANTORUM. Mr. President, we gest or actually not even saying home. just passed the combating autism bill things, thinking things than what we It is a great story, but the folks in that we have been working on for 16 suggest. That is the beauty of our my office and offices all over this Cap- months. I thank Senator DODD for his party. We have a lot of diversity within itol do this every day because they tremendous work on that. I thank all our party. care, because the people call with im- of the autism groups. I thank Jennifer We have some very talented people possible things, and our folks do impos- Vesey for the tremendous work she did who work very hard, not just a dry sible things to help them. and the hours and hours and patience it message to spin, but to try to move the I thank all of them for all the service takes to put together complex and im- debate, try to get our causes articu- they have done, for doing what I ask portant pieces of legislation. lated in a way that is communicated them to do when they come into the of- Later today, or tomorrow, we are effectively to people across America. fice: Treat every caller as if it is your going to pass the abandoned mine lands They worked hard. They built coali- grandmother calling. If you treat every bill. I would love to say that was RICK tions. They did their best, and I thank caller as if it is your grandmother— SANTORUM, but it was Ashley Horning; them for their effort and the tremen- hopefully they get along with their it wasn’t RICK SANTORUM. She did all dous service they have given our con- grandmother—then things will be fine. the work. I pretty much knew what ference. I thank my colleagues. This place was in there, and I would negotiate the I thank the folks in my district of- gets a lot of ridicule. It is very easy to parts in disagreement. That is what we fices. Most of those folks have been criticize people in the fishbowl. It is all do. But on 90 percent of the bills with me 16 years. We don’t have a lot very easy to take shots at people for that most of us know about, we didn’t of turnover in our office. A lot of folks not living up to expectations, and cer- hammer out the details; it was done by in Pittsburgh have been with me 16 and tainly we all do not live up to expecta- folks who have the commitment and others around the State have been with tions. But I think I can say without vision and effort and work the long me 12 years. They are dedicated people any reservation that the men and hours to make the legislation possible. who go out and do those security women in this body are good and de- It is important that in Pennsylvania checks and veterans benefits and med- cent people who are doing what they now we will get a billion dollars to als. believe is best for this country. clean up abandoned mines—it is a tre- I will always remember one story I know many people find that hard to mendous contribution to the environ- that happened this last year. There was believe because they look at people and ment—or miners will have health care a man, a World War II vet named Pat- they have beliefs so diametrically op- coverage paid because, in part, I had a rick. I was at a ribbon-cutting for a VA posed to people in this Chamber. I cer- terrific staff person. I can go down facility in Oakland in Pittsburgh. tainly have views—and have dem- through issue after issue and look at While I was there, we arranged a little onstrated that on many occasions on these accomplishments that would be medal presentation to a veteran who the floor of the Senate—that are dia- great to stand up and say that I did, had sought a medal and was never metrically opposed to many people in but I had a tremendous amount of help. given that medal. That is all I knew this Chamber. But in my heart, I never I had incredibly talented, gifted people about it. I showed up. There was this questioned the integrity and the sin- who worked incredible hours. older gentleman sitting in the front cerity of the people who articulated What most people across America row. His name was Patrick. their opinions, that they were not sin- don’t realize is how hard our people Patrick was a World War II veteran cere. I believed them to be sincere and around here work. They don’t do it for who served in Patton’s army and was I believed them to believe that it was the money. They don’t do it because sent on a secret mission to try to lib- in the best interest of the country. they have some agenda to accomplish. erate a POW camp. In that mission, he That is what is supposed to happen They do it because they want to im- was captured. He was imprisoned for here. Ideas are to be debated, points of

VerDate Nov 24 2008 09:34 Jan 27, 2010 Jkt 049102 PO 00000 Frm 00044 Fmt 0686 Sfmt 0634 E:\BR06\S07DE6.001 S07DE6 cprice-sewell on DSK2BSOYB1PROD with BOUND RECORD 22956 CONGRESSIONAL RECORD—SENATE, Vol. 152, Pt. 18 December 7, 2006 view are to be discussed, and the pre- will never forget and certainly will al- ployer or you are not going to find vailing thought of the day will move ways be thankful for—to manage and yourself as an employee very much the country in that direction. work on the welfare reform bill back in longer. Well, I tried to act like an em- There are very good people here. I 1996. ployee. But that doesn’t mean I always tell the people of America: There are Of all the things I accomplished in had to agree with my employer, and a very good people here. There are people the Senate, there is nothing I am more lot of times I didn’t. And maybe I here on both sides of the aisle who pray proud of than what we did in 1996 to re- spoke up too often too loudly and too every single day for God’s guidance. form the welfare system and transition boldly on some of the things that my There are people here today who, while it so millions and millions would fall employer didn’t agree with. I hope they we fight and argue, do so out of a pas- off the rolls, find gainful employment, respect the fact that it was a heartfelt sion for doing what is right. and change their lives and the lives of disagreement and that I did what I did I thank my colleagues for the cour- their families. I owe that to BOB DOLE. and I said what I said because I be- tesies they have shown me, and par- He gave me the opportunity to stand at lieved it was in their best interests, ticularly my Republican colleagues for that manager’s chair for months in my even though they may not have the honor they have given me to serve second year in the Senate and taking thought so. in the leadership for 6 years. I know on what I would argue was the most I respect the fact that I didn’t win that was not an easy decision back in important piece of legislation in that this election and that the people of 2001 to elect someone who had a rep- session of the Congress, the Republican Pennsylvania made a different deci- utation of being somewhat of a bomb revolution. sion. I had an opportunity to meet with thrower in the House and in my early I thank TRENT LOTT not only for his my successor today in my office and Senate days to a position of leadership tutelage and mentoring me in the time get a chance to talk with him about in the Senate. They took a risk. I hope I have been here as a leader, but for some of the ins and outs of the Senate. they feel it has paid off. helping me in gaining leadership and He is a good man, and he will do a good It has certainly been a great blessing being involved in the leadership in the job. I hope the people of Pennsylvania to me to have been able to serve my Senate. will give him and extend to him the colleagues in the capacity of con- I thank BILL FRIST for his friendship. same courtesies and trust and coopera- ference chairman. His coming in as a leader when I was tion that so many Pennsylvanians who It is an incredible group of people. I already in the leadership was a little didn’t agree with me on a lot of things think of John, who is my tennis part- different. He didn’t come in and point but knew that it was important to ner. We played our first match after I the finger and boss around, but he work together—such as our Governor, was defeated, and he beat me 6-love, 6– came in to learn. He came in to engage, Ed Rendell, whom I worked with as 1. He thinks it is because he played bet- to try to take the knowledge that was mayor and as Governor, as well as I did ter, but I am just preparing for other in the leadership group and use it to with any Republican that I know—I employment. build a stronger group. I appreciate hope that Republican officeholders in We have prayer groups here. One of that. Pennsylvania treat my opponent with the most important things in my life There is a humility in BILL FRIST. It the same kind of respect and the same over the past 12 years has been the is a very attractive quality and, I kind of cooperation that Governor Senate prayer group, the Senate Bible might also add, a rather rare quality if Rendell and I have had over the years. study, and the prayer breakfasts, the one is in the Senate, but a very attrac- That brings me to my colleague, Sen- small prayer group with which I have tive one and a very important one in ator SPECTER. It was very kind of been involved. I don’t know how people Senators and leaders. ARLEN to come and say a few words. He do it. I don’t know how people do this I thank, I guess finally, the people of said that we are not only colleagues in business without prayer, without an Pennsylvania. I was talking to Jim the Senate and, obviously, colleagues understanding that there is something Towey. Jim is the new president of from Pennsylvania, but we are friends. bigger than us here, something that Saint Vincent College in Latrobe, PA. I have to tell my colleagues, when I will help us, guide us, lift us up at Jim is the former director of the faith- first came to the Senate, I thought it times when there seems to be no other based office for the President. I called was a very long shot that I would be reason to be lifted up. him the other day. He said: You know, friends with ARLEN SPECTER. All I had I thank all of those who prayed with Rick, I have been here—I think he said heard about ARLEN SPECTER was how me and prayed for me. Lloyd Ogilvie, a 6 months. He said: I really like the prickly a character he is, how difficult chaplain here for many years, and State, like the area, good people. But he is, sort of cold and tough. But he is Barry Black, our Chaplain now—they the more I study the State and the a pretty soft guy. He really is. He gets are prayer warriors for all of us. I know more I get the feel of Pennsylvania, I those granddaughters around him and they pray for us every day. I know have one question: It is not how did he just melts. No, he is a good man. I Lloyd still prays for us every day, and you lose the election, but how did you don’t agree with ARLEN a lot, and of I know millions of Americans pray for get elected here twice? course everybody knows that, but us every day. I thank all of them for I got elected twice because I had a lot ARLEN has been a good partner. We helping me through and helping us and of wonderful people who campaigned have worked on a lot of things to- helping our country through these dif- hard, worked hard, and believed in me gether. And even when we disagreed, ficult times. and were able to maybe see past some we understood and respected the dis- I thank our leader, BILL FRIST, my of the differences with me to give me agreement and didn’t let it affect us, or first leader I served under as a member an opportunity to serve here, and I am certainly our relationship, or if it was of the leadership, TRENT LOTT, and the eternally grateful. important enough to us and important leader I served under when I came to It is an incredible State. It is one I enough to the State and important the Senate, BOB DOLE. Each and every got to know very well and, obviously, enough to the country, we worked hard one of them in their own way led dif- got to know thousands of people. I had to try to bridge those differences. I ferently. But in the case of Senator the opportunity to serve them. I had think that is a good model. I rec- DOLE, he was a larger-than-life figure the opportunity to be scolded by them, ommend it to my successor. I rec- to me, coming over to the Senate as a reprimanded by them. But I always un- ommend it to all my colleagues. 36-year-old Senator. He was on his way derstood they were my employers. I This place doesn’t have to be as per- to run for the Presidency. He took the work for them. And when you work for sonally confrontational as it is. I say time to be concerned about the issues somebody, sometimes they are going to that as someone who was pretty per- that were important to me. He put me tell you they don’t like the job you are sonally combative when I first came on the committees I needed to be on doing. And you better act like someone here. I know that I have had some pret- and gave me the opportunity that I who is an employee instead of an em- ty strident debates on the floor of the

VerDate Nov 24 2008 09:34 Jan 27, 2010 Jkt 049102 PO 00000 Frm 00045 Fmt 0686 Sfmt 0634 E:\BR06\S07DE6.001 S07DE6 cprice-sewell on DSK2BSOYB1PROD with BOUND RECORD December 7, 2006 CONGRESSIONAL RECORD—SENATE, Vol. 152, Pt. 18 22957 Senate, but I will tell my colleagues Margaret K; Daniel, Kelly L; Davidek, Jason Stoltzfoos, Jeffery L; Strickland, Carolyn; that in my heart, it was never per- E; Davis, Mary Elizabeth A; Davis, Virginia Strothman, Alexis A; Stuart, Robert R; sonal, it was always about what the L; Dermody, Brandon D; Devito, William J; Swain, Tooshar K; Swartz, Barbara K; issue was about. And it is hard for a lot Dick, John T; Diehl, Samuel W; Dougherty, Sweeny, Jennifer Mahurin; Sybyl, Julie M; Kara A; Doyle, Lyda A; Dutkowski, Margaret Szy, Daniel J; Taylor, David N; Tekel, Adam of people in America who look at it in C; Ely, Ramona J; Ensslin, Mary T; Evans, R; Thompson, Holly; Titus-Young, Joy J; a culture that takes everything person- Andrea L; Faulk, Page C. Traynham, Robert L; Trego, Joshua S; ally—people have asked me why I have Faustino, Mary A; Feenstra, Paul A; Tulyasathein, Charnsin; Turner, Michelle D; been so comfortable and at ease with Feller, Meredith L; Fergusen, Sarah E; Fer- Urguhart, E Randy; Valdes, Stephen G; what has happened, and it is because I rara, Lorenzo L; Finney, Thomas S; Fischer, Vanderpool, Kristen R. don’t take it personally. People dis- Karen E; Fratto, Salvatore A; French, David Vesey, Jennifer L; Voinski, John A; Vulakovich, Randolph P; Walker, Patricia B; agree with where I wanted to take this G; French, John M III; Galko, Vincent A; Garver, Nancy L; Gaston, Shivellia T; Wall, Toni B; Walters, Christopher F; Wat- country, and that is fine. They will son, D Dexter; Weaver, Chad A; Weber, have an opportunity to take it some- Gemma, Peter B Jr.; Genesio, Christine J; Gerry, Keith M; Gorman, Victoria Lynn; David; Weiss, Todd M; White, Jennifer S; Wiesenfeld, Michael A; Williamson, N Kathy; place else, for now. Greco, Michael P; Greene, Charles M; Gresov, Willis, Jessica R; Wittman, Anne E; Wright, But I don’t take it personally. I look Winston G. Erica Clayton; Wusinich, Maria T; at the empty desks of my colleagues on Gutierrez, Jennifer C; Haberkern, Jeffery Yanoshak, Erica M; Younger, Anita. the other side of the aisle, and I look at J; Hall, David M; Harbula, David Scott; Har- each and every one and I can see them vey, Marcus W; Hershey, Jill E; Hershey, Mi- SENATE REPUBLICAN CONFERENCE EMPLOYEES all sitting there, and I can’t think of chael S; Hoadley, Cassandra; Holcombe, Sara Amy Marie Adams; Jeff Hunt; Garrett one that I would take a disagreement K; Hornbake, Lawrence E; Horne, Wesley O; Fahy; Joel Digrado; Kate Harris; Shonda Werry; Cris Clapp; Melissa Seckora Ander- with personally—and I have had dis- Horning, Ashley E; Howard, Jaime L; Hybels, Amy R; Irvine, Walter G Jr.; Irwin, Christine son; Elizabeth Keys; Barbara Ledeen; Chrissy agreements with virtually every one Shott; Sarah Berk; Mark Rodgers; Randy but all of them have disagreed, hope- E; Ivanov, Florina D; Johnson, Thomas O II; Kauffman, Alexander J; Kelly, Caitlin B. Brandt; Katherine Gonzalez; Carlos Gon- fully without being personally dis- Kennedy, Brian D; Kinsman, Chelsea M; zalez; Lane Marshall; Cyrus Pearson; Robert agreeable. That is how this place Kitchen, Michelle L; Kocan, Sheila T; Traynham; Henry Peterson; Chris Angrisani; works. It is the only way it can work Koutsiouroumbas, Athan; Kuklis, Joseph V; Laura Gill. Nick Schweich; Aaron Broughton; Tim and be successful for America. Laager, Maryanne R; Ladd, Abigail A; Petty; Curtis Swager; Nate Green; David In closing, I want to say that I al- Larcinese, Mary E; Laurenson, Craig A; Song; Michael Bleicher; Jen Sweeney; Joy Lebaudy, Laura A; Leidner, Kristina S; ways come back to the word ‘‘grati- Schmidt; Eden Gordon; Susana Levenson; Leinbach, Christian Y; Lewandowski, Leslie tude.’’ To God, to my family, to my Eric Miller; Chris Myers; Rebecca Cotton; L; Lindenberer, Stephanie Ann; Lofton, Mar- colleagues, to the wonderful people Drew Cantor; Alex Kaufman; John Rankin; ian Victoria; Looney, Melanie L; Lyle, Ste- who have worked for me and with me Dan Ronayne; Eric Ruiz; Loredana Vouto; phen T; Lynch, Stephanie F; Maclean, Deidre Woodbyrne. over the years, to the people of the 18th Heather Marie. Congressional District, to the people of Maddox, Audrey C; Maguire, Erin K; The PRESIDING OFFICER. The Sen- Pennsylvania: Thank you. Thank you. Mahon, Emmet M; Maines, Laura A; Martin, ator from Kentucky is recognized. I don’t know what I will be doing next, David; Martin, John E Jr.; Mattei, Thomas J Mr. MCCONNELL. Mr. President, I but I cannot imagine that anything I Jr.; Matthews, Shawnna Lee; Mcclard, Me- wish to say to my good friend from do in the future will rival the kind of lissa J; Mccoy, Ida M; Mccracken, David E; Pennsylvania, before he leaves the blessings I have felt from all of the Mccree, Michael R; Mcdonald, Robin V; floor, what an extraordinary 16 years folks whom I have mentioned. The re- Mcelwee, George S; Mcginley, Christopher P; he has had representing the people of lationships and the wonderful accom- Mckeon, Meredith; Mcnamara, Kevin M; Me- his State and what a truly outstanding dina, Wanda I; Meyer, Christine M; Mihalke, Member of the Senate he has been and plishments and the great spirit I have Michael H. experienced over these last 16 years is Miller, Eric R; Miller, Jennifer L; Miller, what a moving farewell address I had something that I am eternally grateful Manda B; Miller, Nicole M; Miller, William an opportunity to witness. Good luck, for to all of those involved. It has been A; Mitchell, Anna K; Mitchell, Marcus P; good friend, and Godspeed. a great blessing. Mizer, Erica L; Molineaux, Peter J; Moore, Mr. President, I ask unanimous con- I thank my colleagues, I thank those Thomas; Moore, Zachery P; Morinigo, Nich- sent that the vote on the pending nom- who came and listened, those who olas; Morton, Bylly Jo; Mullen, James G; ination occur at 5:45 today and that might be listening in other ways, but I Narcavage, Michael III; Navin, Lawrence M; prior to the vote, Senator GRASSLEY be thank them, personally, for the great Ohara, Gerald J; Oshea, Joseph J; Pallotto, recognized to speak for up to 10 min- Adam R; Palmer, Wayne D. kindness they have shown me. I leave a utes, Senator ENZI for up to 5 minutes, Park, Victoria P; Parrick-Cox, Susan; very happy and contented former Sen- Patel, Kajal A; Pavlik, Bonnie M; Peacock, and Senator KENNEDY for up to 5 min- ator from Pennsylvania who feels very Deborah A; Pearson, Tim; Perez, Janet M; utes. blessed. Petraglia, Amy W; Poteet, Paul W; Preate, The PRESIDING OFFICER. Without EXHIBIT 1 Alexandra V; Pugh, Jennifer S; Quinn, Chris- objection, it is so ordered. SENATE PERSONAL OFFICE EMPLOYEES tine Marie; Rajsic, Michelle; Ramos, Mr. FEINGOLD. Mr. President, I am Aho, Robert W; Anderson, Thomas S; Josephina; Reilly, Sean M; Reyes, Jeremy; pleased that the Food and Drug Admin- Armata, Andrew M T; Baldwin, Todd A; Rhodes, Allison L; Riegel, Ellen J; Rockwell, istration will finally have a confirmed Barbera, Vincent M; Barron, Bruce A; Russel A; Rode, Katherine R. Commissioner. And I am glad that the Bashore, Keith E; Beresnyak, Allison M; Rodgers, Lincoln R C; Roman, Lisa M; President’s nominee, Dr. Andrew von Beresnyak, Thomas E Jr.; Bernier, George M Romaniello, Catherine M; Roscoe, Abigail; Eschenbach, has acted to address con- III; Bernstein, Luke M; Berry, Donna A; Rossi, Connie J; Rossman, Eleanor T; Roy, cerns that have been raised about his Bertuola, Lawrence J; Beynon, Matthew E; Kevin F; Ryan, Maureen; Sailhamer, Brent A; Salvesen, Erling R III; Sanborn, Alden R; nomination. He addressed conflict-of- Bickhart, Robert G; Blocksidge, Anne M; interest concerns by resigning his posi- Bonesso, Rozzanna J; Bowman, Patricia Sanders, Joseph E Jr.; Sarmir, Danielle; Dianne; Bowser, Julia E; Boyd, Allison J. Scanlan, Tricia L; Scaringi, M Anthony; tion as head of the National Cancer In- Bozzuto, Robert F; Bragg, Heather N; Schmidt, Keith A; Schmidt, Michele E; stitute. The FDA also approved access Broughton, Aaron Michael; Brown, Brian T; Sears, William P; Sechler, Michael W; to emergency contraception without a Burkhalter, Colin J; Butler, Timothy R; Shaner, Mathias R. prescription. This decision should have Caldwell, Stanley D; Calka, Courtney JO; Sharp, Crystal N; Sharp, Trudy R; Shelby, been made when the FDA’s expert Carlson, Michael R; Carter, Andrew C; Melissa B; Sheriff, Marie A; Shirk, Jamie E; panel recommended it, and I was dis- Castillo, Michael J; Chapman, Elizabeth R; Shott, Christine M; Simodejka, Jill L; Sinha, appointed at the shameless politicizing Sushant K; Smith, Brian A; Smith, Jacob W; Christman, David R; Clater, Michael D; of science over emergency contracep- Cognato, Christopher; Cognato, Michael H; Solfanelli, Matthew; Soroka, Suzanne M; Coleman, Samuel E; Collins, Leah R; Sosar, Edward D; Spangler, Courtney Leigh; tion. With those issues now resolved, I Conklin, Jennifer M; Coppolo, Stephen D. Sparvero, Emily S; Stawasz, Karen L; Stein, will vote for his nomination. Corman, Jacob D III; Coulter, Kathryn A; Peter J; Stephans, Elizabeth L; Stolnacher, Mr. HATCH. Mr. President, I rise in Covel, Michelle F; Crane, Rebecca H; Curry, Patricia L; Stoltzfoos, Gerald D. strong support of the nomination of Dr.

VerDate Nov 24 2008 09:34 Jan 27, 2010 Jkt 049102 PO 00000 Frm 00046 Fmt 0686 Sfmt 0634 E:\BR06\S07DE6.001 S07DE6 cprice-sewell on DSK2BSOYB1PROD with BOUND RECORD 22958 CONGRESSIONAL RECORD—SENATE, Vol. 152, Pt. 18 December 7, 2006 Andrew von Eschenbach to be Commis- drugs and dietary supplements that is now the right leadership at the FDA. sioner Food and Drugs. contained in S. 3546, the Hatch-Durbin Dr. Von Eschenbach is an experienced I am pleased that the Senate is con- bill we passed last night. It is my hope clinician and researcher and as the sidering Dr. von Eschenbach’s nomina- the House will pass the bill today—and former Director of National Cancer In- tion and I strongly urge my colleagues it can be sent to the President for sig- stitute, NCI, I presume he is com- to support him because the FDA needs nature. When enacted, the Hatch-Dur- mitted to the mission of FDA. How- a permanent Commissioner to lead the bin-Harkin-Enzi-Kennedy bill will re- ever, I have concerns. I have yellow agency. The FDA has been criticized quire manufacturers of supplements flashing light about his commitment to time and time again over this. To me, and over-the-counter drugs to report to reform over drug safety, to not politi- the first step toward promoting sta- FDA any reports of serious problems cize science, and to establish a channel bility in the agency is for the Senate to associated with the use of the products. where employees can speak truth to confirm an FDA Commissioner. Dr. von This is an important consumer protec- power. Eschenbach is a capable administrator, tion bill, and it is important that FDA This is important. As we consider the extremely knowledgeable about health seek the funding to implement the pro- nomination of Dr. Von Eschenbach, we care and food and drug policy, and we gram as Congress intends. I stand must address one of the most impor- can count on him to do the right thing. ready to work with the agency on this. tant issues facing our Nation: the loss It is past the time that he be con- Another concern I have expressed to of confidence in our Government’s abil- firmed. Dr. von Eschenbach and his agency is ity to ensure the safety of our food, our I had the opportunity to work with the need to look out for the ‘‘little drugs, and our medical devices. The Dr. von Eschenbach when he was the guy’’ once he becomes Commissioner. FDA has always been the gold standard Director of the National Cancer Insti- Utah is the home to more than 100 in maintaining the safety and efficacy tute and found him to be personable medical device companies, many of of our drugs and medical devices. and engaging. I also had a long meeting them small, and I want Dr. von Yet today the Agency is being politi- with Dr. von Eschenbach before his Eschenbach and his staff to treat these cized and degraded. The current admin- Senate confirmation hearing and was companies fairly, especially when the istration has shown a persistent pat- very impressed with his in depth FDA officials conduct inspections. tern of placing politics before science; knowledge on matters before the Food There have been several complaints making appointments based on ide- and Drug Administration. But even from manufacturers about the tactics ology instead of competency; stifling more impressive, Dr. von Eschenbach that the FDA inspectors have taken. I scientists whose findings do not meet truly listened to my ideas regarding think these complaints have merit. All political objectives; making decisions the FDA, and I greatly appreciated it. I ask of Dr. von Eschenbach is that based on politics, rather than sound It is clear that he intends to work Utah companies be treated fairly by science. Nowhere is this more evident than at closely with the Congress. the FDA. the FDA. Today, FDA is facing a crisis: The bottom line is that I am con- I also am deeply concerned about the There is a crisis of morale. There is a vinced Dr. von Eschenbach is the best agency’s lack of funding. This has been a growing concern, especially as it af- crisis of confidence in the reliability of person for the job, and the sooner we fects implementation of DSHEA, the FDA decisions. There is a crisis about get him confirmed, the better. whether there are scientists operating I would like to take a moment to new AEER system, and also the review under a gag rule, putting politics above talk about FDA-related issues facing of generic drug applications. While I realize that FDA has a lot of respon- science. There is a crisis ensuring the my home State of Utah and where Dr. sibilities, ranging from ensuring the reliability and safety of our drugs. von Eschenbach’s strong involvement safety of drugs and medical devices to This summer, Union of Concerned will be crucial. Scientists released its survey of the As my colleagues are aware, Utah is protecting our country’s food supply, it simply isn’t fair to continue to pile on scientists at the FDA. These scientists home to the largest concentration of these responsibilities without pro- are my constituents. They found the dietary supplement companies in our viding the FDA with adequate funding. morale of trusted and respected em- Nation, so ensuring that the Dietary I assure Dr. von Eschenbach that I will ployees has been battered by years of Supplement Health and Education Act, work with him and my colleagues on weak leadership. This survey is impor- DSHEA, law is strongly and appro- the Senate Appropriations Committee tant because it gives a public voice to priately enforced is a high priority of and the Senate HELP Committee to scientists who aren’t in a position to mine. ensure that the agency is provided with place their jobs on the line to suffer re- I have been told by every FDA Com- sufficient funding. taliation for speaking the truth and to missioner since Dr. Kessler that the I urge my colleagues to vote in favor potentially jeopardize their families. FDA has adequate authority under of Dr. von Eschenbach today so that The FDA needs a major overhaul and DSHEA to make certain the supple- the agency will finally have a perma- a culture change at the highest levels ment marketplace is safe, so it is my nent leader who will look out for the in order to continue to meet its mis- hope that Dr. von Eschenbach will best interests of both the American sion. The FDA needs to reestablish its make this a priority during his tenure people and an important Federal agen- relationship with its own scientists. as FDA Commissioner. cy—the FDA. The FDA’s focus should be only on In addition, as I have told him on Ms. MIKULSKI. Mr. President, I rise science and the public good. And I am more than one occasion, it is essential before you today to discuss the nomi- hoping that Dr. Von Eschenbach will for Dr. von Eschenbach to work to fi- nation of Andrew Von Eschenbach as be the strong leader the FDA needs to nalize and implement good manufac- Commissioner of the FDA. accomplish this overhaul. turing practices—GMPs—for supple- I first want to say that I love the My criterion for looking at every ments as authorized by DSHEA. It is 12 FDA. FDA is in my home state of nomination are competence, integrity, years since they were authorized. And, Maryland. It employs over 10,000 of my commitment to the mission of the despite the repeated contacts Senator constituents. It is right down the road Agency. HARKIN and I have made, the report- from the NIH. I am proud to have all Competence: Management expertise edly drafted regulations have still not that research at NIH and then have is essential to effectively run FDA been issued. I want to encourage FDA in Maryland standing up for the without redtape and bureaucracy. The strongly Dr. von Eschenbach to address food safety of the American people, FDA has over 10,000 dedicated employ- this matter once and for all. looking out to make sure that the ees and has a budget of nearly $2 bil- We will also be counting on the good drugs and the technologies that we use lion. Strong management skills and doctor to implement the new system of are safe. leadership are essential to ensure that mandatory reporting of serious adverse Over the years, I have fought for the FDA can efficiently and effectively events—AERs—for nonprescription right facilities, the right resources, and carry out its many responsibilities.

VerDate Nov 24 2008 09:34 Jan 27, 2010 Jkt 049102 PO 00000 Frm 00047 Fmt 0686 Sfmt 0634 E:\BR06\S07DE6.001 S07DE6 cprice-sewell on DSK2BSOYB1PROD with BOUND RECORD December 7, 2006 CONGRESSIONAL RECORD—SENATE, Vol. 152, Pt. 18 22959 Integrity: The individual must be I thank my colleague and friend, Sen- scientific questions, inadequate re- well-respected by patient/consumer ator ENZI, for making sure we are sources and authority, and political groups and the industry so that FDA going to get an opportunity to vote. pressures to ignore the science that commands the respect of the public and I thank the majority leader, Senator must be—good science has to be at the the industry it regulates. The FDA FRIST, for making sure that we were heart of its mission. Commissioner must also be an honest not going to leave this session without Finally, the day is here when the broker and listener who can make having a final vote on the nominee. Senate can act to confirm a commis- tough calls on contentious issues. In the last 5 years, only in one of sioner whose job No. 1 will be to re- Commitment to the mission of the those years did we have a head of the store the leadership to this essential Agency: Decisions must be made based FDA. The rest of the time, they were agency and begin the process of ad- on sound science and public health, not ‘‘acting.’’ A good deal of the time, dressing the many major concerns that ideology. The nominee must maintain there was virtually no presence. This is have gone unmet for so long. the FDA gold standard of safety and ef- the most important health agency that Dr. von Eschenbach is a good choice ficacy, ensuring timely approval of new guides and guards American’s health, to lead the FDA. At the National Can- therapies to save lives, help patients the health of our children, the health cer Institute, he led bold initiatives on live longer and improve their quality of the elderly, and the health of fami- the human genome and nanotechnol- of life and ensuring safety of our food lies in our Nation. So this is a very im- ogy. As a physician for patients with supply. portant point, and I welcome the op- cancer and a survivor of cancer him- The FDA needs strong leadership. Dr. portunity to urge the Senate to ap- self, he brought an indispensable pa- Von Eschenbach is an experienced and prove Andrew von Eschenbach for this tient-centered perspective to the Can- respected scientist. We need his leader- position. cer Institute, and he will bring that to ship to help Congress establish the leg- As I mentioned, the Food and Drug the Food and Drug Administration as islative framework needed to reform Administration oversees the products well. FDA: We need to restore the morale at that account for fully a quarter of the Dr. von Eschenbach was able to find FDA; we need to restore confidence in entire U.S. economy. Every day, the a solution to the controversy about al- lowing the over-the-counter sales of the FDA for all Americans; and we agency makes decisions that mean the Plan B. We may never know the battles need to restore FDA to the world’s pre- difference between life and death for he had to fight and win to achieve that mier food and safety regulatory agen- countless patients. Millions of Ameri- solution, but his integrity and tenacity cy. cans rely on drugs the FDA approves to in achieving a solution speak volumes We need his commitment to ensure protect them from sickness, and every for his character and his commitment that the best possible science informs family in America counts on the FDA to see that the food they eat is free to public health. the decisions the FDA makes every FDA has long been regarded as the from contamination. day. We need him to ensure a culture of gold standard in regulatory work. That Now we are in the life science cen- openness so that management listens will continue to be true only if it tury, and the opportunities for break- to and addresses the concerns of your makes independent, science-based deci- throughs with new drugs is unlimited. employees. We need him to make sig- sions, in both fact and appearance, and With the progress we have made in the nificant changes to transform the under Dr. von Eschenbach’s leadership, Human Genome Project and the se- Agency to the gold standard it once we expect FDA to make those discus- quencing of the genes, the research was. sions solely on the basis of science and that is being done across this Nation, FDA sets the gold standard. Yet in the best interests of public health. the possibilities are virtually unlim- today we have ideology over science, To do the job we expect—— ideology over competence. I strongly ited. But it is all new science. We have The PRESIDING OFFICER. The time believe the FDA needs a strong perma- to make sure that this agency which is of the Senator has expired. nent Director. I will therefore vote for going to make the judgments and deci- Mr. KENNEDY. I ask, if there is no Andrew Von Eschenbach in the hopes sions about approval or disapproval is objection, that I be able to proceed for that he can become that strong leader going to have the best in terms of sci- another 4 minutes? FDA needs and the American public de- entists, the best in terms of leadership. The PRESIDING OFFICER. Without serves. That is at issue here if we do not have objection, it is so ordered. Mr. MCCONNELL. Mr. President, I someone who is going to be the head of Mr. KENNEDY. Mr. President, we suggest the absence of a quorum. the FDA to make sure the agency that have to make sure the agency itself is The PRESIDING OFFICER. The has responsibility for the safety of pre- going to have the adequate resources clerk will call the roll. scription drugs is going to work in that are going to be necessary to pro- The legislative clerk proceeded to ways to protect the American con- tect the public interest. What we are call the roll. sumer; that the agency that is in talking about here is making sure they Mr. KENNEDY. Mr. President, I ask charge of the food safety in this coun- have the best, in terms of science—in unanimous consent that the order for try is going to work to ensure that it is terms of prescription drugs and the the quorum call be rescinded. going to be effective for the American new breakthroughs. We have the whole The PRESIDING OFFICER. Without people. range of new medical devices which are objection, it is so ordered. Now the agency itself, the FDA, ur- out there. The United States is leading Mr. KENNEDY. Mr. President, at gently needs treatment. For too long, the way. We want to make sure they 5:45, in just 15 minutes, we will have an it has been without a confirmed leader. are safe and effective. The agency has opportunity to vote on the nominee to It has become a ship without a captain, important responsibilities in terms of head the Food and Drug Administra- lacking the initiative and confidence the safety of our food supply. We have tion. I want to first of all commend my that only a confirmed commissioner given it additional kinds of responsibil- friend, the chairman of our human re- can bring. Year after year, under this ities to deal with the challenges of the source committee, Senator ENZI, for administration, the FDA has been al- war on terror. his leadership over this period of time lowed to drift, and year after year the This agency has enormous respon- in giving the assurance to the agency, challenges that face the agency have sibilities in terms of the consumers and and much more importantly to the grown. the families of this Nation. It needs the American people, that we are going to Think of the controversies—about strong leadership which I think the have someone in charge of this agency antidepressants, about the withdrawal nominee can bring, and it needs the able to exercise executive decisions, to of Vioxx, about the sale of Plan B over kind of support from the Congress that make sure the agency itself is going to the counter, about adequate review of will permit it to be the true gold stand- fulfill its role in protecting the health drugs on the market. The agency has ard for safety and for improving the of the American people. So first of all, had to struggle unfairly with difficult health of the American people.

VerDate Nov 24 2008 09:34 Jan 27, 2010 Jkt 049102 PO 00000 Frm 00048 Fmt 0686 Sfmt 0634 E:\BR06\S07DE6.001 S07DE6 cprice-sewell on DSK2BSOYB1PROD with BOUND RECORD 22960 CONGRESSIONAL RECORD—SENATE, Vol. 152, Pt. 18 December 7, 2006 As other agencies are set up around will know he has the full authority to thing from the thousands of prescrip- the world—in Western Europe and now do that. tions I have written, to investigational even in Asia—the place they look is at I do want to remind people that the drugs, to left ventricular devices, to la- the FDA, and for very good reason. We FDA’s mission is broad. It regulates sers and artificial hearts. I have seen want this agency to be the best. It can food, it regulates drugs, it regulates first hand how important it is to have be the best. With a new leader and biologics—and I wish I had time to ex- an appropriate regulatory agency hopefully with the new Congress giving plain all of what that is—medical de- there. The Food and Drug Administra- the agency the kind of support it vices. You probably didn’t know that tion, as we all know, as we have said should have, we can make sure the he handles animal feed, and that is be- this afternoon, is America’s first sci- health of the American people in these cause animals are ingested and could entific regulation body. While the important areas is going to be secure cause a problem, too. He is also in agency has adapted and changed with for the future. charge of cosmetics. For every dollar the times, it has remained true to its Again, I thank my friend and col- Americans spend, this agency regulates purpose of protecting interests of ev- league from Wyoming for his persist- 25 cents of that dollar in products. eryone who is listening to me, the ence and tenacity in making sure As science progresses, the challenges American consumer. where we are this evening. We would to regulation will grow. The FDA regu- In a few minutes we will vote on the not be here if it had not been for his lates a host of new products that blur nomination of a very good friend, Dr. good work on this issue, as in so many the FDA’s traditional boundaries, and Eschenbach, to the position of Commis- others. I thank him, and the American that is one of the reasons the Senator sioner of the Food and Drug Adminis- people ought to know that this is an from Massachusetts and I have been tration. enormously important vote to protect working on a FDA reform bill for a I have known Dr. Eschenbach, again their interests. I hope this nominee is year and a half. We have now held professionally, and I have had mutual approved overwhelmingly. hearings on that. patients with him. And he has assisted The PRESIDING OFFICER. The Sen- It is a very bipartisan bill. We have in many ways as we have looked at ap- ator from Wyoming. had some outstanding comments. propriate therapy for individuals from Mr. ENZI. Mr. President, I thank the There is a possibility to make the across the country. He is currently Senator from Massachusetts, Mr. KEN- agency better, and we are going to con- serving as Acting Commissioner. I have NEDY, for his tremendous effort over tinue to work on that so that all the interacted with him in that regard. He the last 2 years as we have worked on new innovations that require a nimble has demonstrated a capacity to lead health issues but particularly as we and responsive agency to regulate and to administer in an exceptional have worked on the FDA. The Food and them, and resources to match, will be way the Food and Drug Administration Drug Administration is critical to the in place so that he can do the kind of with sensitive issues on a daily basis. people of this country, and Senator job he needs to do. It is important that we have a perma- KENNEDY and I have been asking to This is such a critical role in our Na- nent person in that position, and he is have a fully confirmed person heading tion’s public health, it is such an im- the ideal person, the ideal candidate to that up every opportunity we have had. portant agency, I do ask for people to do just that. We have been reminding people they give him a resounding vote in this con- In both his professional and personal did not want to be the one objecting if firmation. life, Dr. Eschenbach has experience: as there happened to be a national safety Again, I thank Senator KENNEDY, a cancer survivor, as Director of the crisis in food or health. It is just so who is the ranking member on the National Cancer Institute, literally a critical. committee and soon to be the chair- nationally renowned urologic surgeon People say he is ‘‘acting.’’ When you man of the Health, Education, Labor, and oncologist, which all attest to the are the acting person in a position, you and Pensions Committee, for his hard superlative qualifications to handle really do not have the authority. It work and support during the process. I that challenging job, as we all know, as means people are looking over your think it is time to bring this process to FDA Commissioner. shoulder, seeing what you are doing, a close so we can get him confirmed as I hope colleagues will join me in sup- making sure you are dotting every ‘‘i’’ quickly as possible and have a true, porting Dr. Eschenbach’s nomination. and crossing every ‘‘t’’ and following fully confirmed Commissioner of Food The PRESIDING OFFICER. All time every rule and listening to every agen- and Drug. has expired. cy that has any control over you. I thank Dr. von Eschenbach for his The question is, Will the Senate ad- Someone who is fully confirmed can be patience with our process and for the vise and consent to the nomination of the boss. work he has done in spite of the proc- Andrew von Eschenbach, of Texas, to A lot of people would say: Why would ess. I look forward to getting to see the be Commissioner of Food and Drugs, this highly qualified doctor take this kind of job he will do as a fully con- Department of Health and Human job? firmed physician. I ask for your vote in Services? I am sure now that he has been support of him. Mr. ENZI. Mr. President, I ask for through the confirmation process, he is I yield the floor. the yeas and nays. probably thinking: Why I would take The PRESIDING OFFICER. The ma- The PRESIDING OFFICER. Is there a that job? I am hoping he is not. In fact, jority leader. sufficient second? earlier today I called him to let him Mr. FRIST. Mr. President, in a cou- There is a sufficient second. know that the delay in getting a final ple of minutes we are going to turn to The clerk will call the roll. vote on his confirmation had nothing a very important vote, a vote that to The legislative clerk called the roll. to do with him, that we had some other me is significant because it touches Mr. MCCONNELL. The following Sen- logistical process things we were going every single American in some shape or ators were necessarily absent: the Sen- through, that there would be a final form. Much has been said over the ator from Montana (Mr. BURNS), the vote today, and that I suspected, in course of today about the scope of the Senator from South Carolina (Mr. light of the cloture vote, there would FDA, the importance of having an FDA GRAHAM), the Senator from Utah (Mr. not be any problem. I am pleased that Commissioner, a permanent FDA Com- HATCH), the Senator from Arizona (Mr. it still looks that way. I am anxious to missioner, and we will realize that MCCAIN), and the Senator from Vir- call him and let him know he is fully shortly. ginia (Mr. WARNER). confirmed as a commissioner and he Earlier this year we celebrated the Further, if present and voting, the can start to work on some of the mo- 100th anniversary of the Food and Drug Senator from Utah (Mr. HATCH) would rale problems that he talked about, can Administration, which is an adminis- have voted ‘‘yea.’’ start to work on some of the other vi- tration that I have used professionally Mr. DURBIN. I announce that the sion things he has in mind, and people in my previous profession in every- Senator from Delaware (Mr. BIDEN),

VerDate Nov 24 2008 09:34 Jan 27, 2010 Jkt 049102 PO 00000 Frm 00049 Fmt 0686 Sfmt 0634 E:\BR06\S07DE6.001 S07DE6 cprice-sewell on DSK2BSOYB1PROD with BOUND RECORD December 7, 2006 CONGRESSIONAL RECORD—SENATE, Vol. 152, Pt. 18 22961 the Senator from Connecticut (Mr. mind. It is the subject of the war in counted as democracies that you and I DODD), the Senator from Vermont (Mr. Iraq. would recognize. Today there are 150 JEFFORDS), and the Senator from Ne- I have never worn the uniform of my nations on earth that are democratic vada (Mr. REID), are necessarily absent. country. I am not a soldier or a vet- and free. That would not have hap- The PRESIDING OFFICER. Are there eran. I regret that fact. It is one of the pened had the United States been insu- any other Senators in the Chamber de- regrets of my life. But I am a student lar and returned to our isolationist siring to vote? of history, particularly military his- roots, had we laid down the mantle of The result was announced—yeas 80, tory, and it is that perspective which I world leadership, had we not seen the nays 11, as follows: brought to the Senate 10 years ago as a importance of propounding and encour- [Rollcall Vote No. 274 Ex.] newly elected Member of this Chamber. aging the spread of democracy, the rule YEAS—80 When we came to the vote on Iraq, it of law, human rights, and the values of was an issue of great moment for me. Akaka Domenici Martinez our Bill of Rights. It is a better world Alexander Dorgan McConnell No issue is more difficult to vote on because of the United States of Amer- Allard Durbin Menendez than war and peace, because it involves ica, and the price we have paid is one of Allen Ensign Mikulski the lives of our soldiers, our young men blood and treasure. Bayh Enzi Murkowski and women. It involves the expenditure Now we come to a great crossroads. A Bennett Feingold Murray Bingaman Feinstein Nelson (FL) of our treasure, putting on the line the commission has just done some, I sup- Bond Frist Nelson (NE) prestige of our country. It is not a vote pose, good work. I am still evaluating Boxer Gregg Obama taken lightly. I have tried to be a good it. I welcome any ideas now because Bunning Hagel Pryor Burr Harkin soldier in this Chamber. I have tried to where we are leaves me feeling much Reed Byrd Hutchison support our President, believing at the Roberts like Churchill, that we are paying the Cantwell Inouye Rockefeller time of the vote on the war in Iraq that price to sit on a mountain that is little Carper Isakson Salazar Chafee Johnson we had been given good intelligence more than a volcano of ingratitude. Chambliss Kennedy Sarbanes and knowing that Saddam Hussein was Yet as I feel that, I remember the Clinton Kerry Schumer a menace to the world, a brutal dic- pride I felt when the statue of Saddam Sessions Coburn Kohl tator, a tyrant by any standard, and Hussein came down. I remember the Cochran Kyl Shelby Coleman Landrieu Smith one who threatened our country in thrill I felt when three times Iraqis Collins Lautenberg Specter many different ways, through the fi- risked their own lives to vote demo- Conrad Leahy Stabenow nancing and fomenting of terrorism. cratically in a way that was inter- Cornyn Levin Stevens Craig Lieberman Sununu For those reasons and believing that nationally verifiable as well as legiti- Crapo Lincoln Thomas we would find weapons of mass destruc- mate and important. Now all of those Dayton Lott Thune tion, I voted aye. memories seem much like ashes to me. Dole Lugar Wyden I have been rather silent on this The Iraq Study Group has given us NAYS—11 question ever since. I have been rather some ideas. I don’t know if they are Baucus Grassley Talent quiet because, when I was visiting Or- good or not. It does seem to me that it Brownback Inhofe Vitter egon troops in Kirkuk in the Kurdish is a recipe for retreat. It is not cut and DeMint Santorum Voinovich area, the soldiers said to me: Senator, run, but it is cut and walk. I don’t DeWine Snowe don’t tell me you support the troops know that that is any more honorable NOT VOTING—9 and not our mission. That gave me than cutting and running, because cut- Biden Graham McCain pause. But since that time, there have ting and walking involves greater ex- Burns Hatch Reid been 2,899 American casualties. There penditure of our treasure, greater loss Dodd Jeffords Warner have been over 22,000 American men of American lives. The nomination was confirmed. and women wounded. There has been Many things have been attributed to Mr. ENZI. I ask unanimous consent an expenditure of $290 billion a figure George Bush. I have heard him on this that the President be immediately no- that approaches the expenditure we floor blamed for every ill, even the tified of the Senate’s action and that have every year on an issue as impor- weather. But I do not believe him to be the Senate return to legislative ses- tant as Medicare. We have paid a price a liar. I do not believe him to be a trai- sion. in blood and treasure that is beyond tor, nor do I believe all the bravado and The PRESIDING OFFICER. Without calculation by my estimation. the statements and the accusations objection, it is so ordered. Now, as I witness the slow undoing of made against him. I believe him to be f our efforts there, I rise to speak from a very idealistic man. I believe him to my heart. I was greatly disturbed re- have a stubborn backbone. He is not LEGISLATIVE SESSION cently to read a comment by a man I guilty of perfidy, but I do believe he is The PRESIDING OFFICER. Under admire in history, one Winston Church- guilty of believing bad intelligence and the previous order, the Senate will re- ill, who after the British mandate ex- giving us the same. turn to legislative session. tended to the peoples of Iraq for 5 I can’t tell you how devastated I was f years, wrote to David Lloyd George, to learn that in fact we were not going Prime Minister of England: to find weapons of mass destruction. MORNING BUSINESS At present we are paying 8 millions a year But remembering the words of the sol- Mr. ENZI. Mr. President, I ask unani- for the privilege of living on an ungrateful dier—don’t tell me you support the mous consent that the Senate proceed volcano. troops but you don’t support my mis- to a period of morning business with When I read that, I thought, not sion—I felt the duty to continue my Senators permitted to speak for up to much has changed. We have to learn support. Yet I believe the President is 10 minutes each. the lessons of history and sometimes guilty of trying to win a short war and The PRESIDING OFFICER. Without they are painful because we have made not understanding fully the nature of objection, it is so ordered. mistakes. the ancient hatreds of the Middle East. The Senator from Oregon. Even though I have not worn the uni- Iraq is a European creation. At the f form of my country, I, with other col- Treaty of Versailles, the victorious leagues here, love this Nation. I came powers put together Kurdish, Sunni, IRAQ into politics because I believed in some and Shia tribes that had been killing Mr. SMITH. Mr. President, I know it things. I am unusually proud of the each other for time immemorial. I is probably appropriate to speak of our fact of our recent history, the history would like to think there is an Iraqi colleagues, and I will do that on the of our Nation since my own birth. At identity. I would like to remember the record. I rise tonight, however, to the end of the Second World War, there purple fingers raised high. But we can speak about a subject heavy on my were 15 nations on earth that could be not want democracy for Iraq more than

VerDate Nov 24 2008 09:34 Jan 27, 2010 Jkt 049102 PO 00000 Frm 00050 Fmt 0686 Sfmt 0634 E:\BR06\S07DE6.001 S07DE6 cprice-sewell on DSK2BSOYB1PROD with BOUND RECORD