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Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 112 CONGRESS, SECOND SESSION

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Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 112 CONGRESS, SECOND SESSION E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 112 CONGRESS, SECOND SESSION Vol. 158 WASHINGTON, WEDNESDAY, MAY 23, 2012 No. 75 House of Representatives The House was not in session today. Its next meeting will be held on Friday, May 25, 2012, at 10 a.m. Senate WEDNESDAY, MAY 23, 2012 The Senate met at 9:30 a.m. and was to the Senate from the President pro SCHEDULE called to order by the Honorable tempore (Mr. INOUYE). Mr. REID. Madam President, we are KIRSTEN E. GILLIBRAND, a Senator from The assistant legislative clerk read now on the motion to proceed to the the State of New York. the following letter: FDA user fees bill. Republicans control U.S. SENATE, the first half hour, the majority the PRAYER PRESIDENT PRO TEMPORE, second half hour. We are working on an The Chaplain, Dr. Barry C. Black, of- Washington, DC, May 23, 2012. agreement to consider amendments to fered the following prayer: To the Senate: the FDA bill. We are close to being able Under the provisions of rule I, paragraph 3, Eternal God, You have made all to finalize that. We hope to get an of the Standing Rules of the Senate, I hereby agreement and avoid filing cloture on things well. Thank You for the light of appoint the Honorable KIRSTEN E. GILLI- the bill. day and the dark of night. Thank You BRAND, a Senator from the State of New for the glory of the sunlight, for the York, to perform the duties of the Chair. MEASURES PLACED ON THE CALENDAR—S. 3220 silver splendor of the Moon, and for the DANIEL K. INOUYE, AND S. 3221 star-scattered sky. Thank You for the President pro tempore. Mr. REID. There are two bills at the hills and the sea, for productive city Mrs. GILLIBRAND thereupon as- desk due for a second reading. streets, for the open road and the wind sumed the chair as Acting President The ACTING PRESIDENT pro tem- in our faces. Thank You for hands to pro tempore. pore. The clerk will read the titles of work, eyes to see, ears to hear, minds the bills for the second time. f to think, memories to remember, and The assistant legislative clerk read hearts to love. RECOGNITION OF THE MAJORITY as follows: Thank you also for our Senators and LEADER A bill (S. 3220) to amend the Fair Labor their families who strive to serve You Standards Act of 1938 to provide more effec- The ACTING PRESIDENT pro tem- tive remedies to victims of discrimination in and country. Bless them today with a pore. The majority leader is recog- special measure of Your wisdom, the payment of wages on the basis of sex, and nized. for other purposes. knowledge, and discernment. We pray A bill (S. 3221) to amend the National f in Your sacred Name. Amen. Labor Relations Act to permit employers to f FOOD AND DRUG ADMINISTRATION pay higher wages to their employees. Mr. REID. Madam President, I sug- PLEDGE OF ALLEGIANCE SAFETY AND INNOVATION ACT— MOTION TO PROCEED—Resumed gest the absence of a quorum. The Honorable KIRSTEN E. GILLI- The ACTING PRESIDENT pro tem- Mr. REID. Madam President, I move BRAND led the Pledge of Allegiance, as pore. The clerk will call the roll. to proceed to Calendar No. 400, S. 3187. follows: The assistant legislative clerk pro- The ACTING PRESIDENT pro tem- ceeded to call the roll. I pledge allegiance to the Flag of the pore. The clerk will report the motion. United States of America, and to the Repub- Mr. REID. Madam President, I ask The assistant legislative clerk read lic for which it stands, one nation under God, unanimous consent the order for the as follows: indivisible, with liberty and justice for all. quorum call be rescinded. Motion to proceed to Calendar No. 400, S. f The ACTING PRESIDENT pro tem- 3187, a bill to amend the Federal Food, Drug, pore. Without objection, it is so or- and Cosmetic Act to revise and extend the APPOINTMENT OF ACTING dered. PRESIDENT PRO TEMPORE user-fee programs for prescription drugs and medical devices, to establish user-fee pro- Mr. REID. The Chair read for the sec- The PRESIDING OFFICER. The grams for generic drugs and biosimilars, and ond time a couple of bills. I object to clerk will please read a communication for other purposes. both of them. ∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. S3459 . VerDate Mar 15 2010 05:18 May 24, 2012 Jkt 019060 PO 00000 Frm 00001 Fmt 4637 Sfmt 0634 E:\CR\FM\A23MY6.000 S23MYPT1 smartinez on DSK6TPTVN1PROD with SENATE S3460 CONGRESSIONAL RECORD — SENATE May 23, 2012 The ACTING PRESIDENT pro tem- drug shortages have quadrupled, gone near $16 trillion debt. The administra- pore. Objection is heard. The bills will up 400 percent. Congress cannot solve tion also spent more than $25 million be placed on the calendar under rule every problem in this country, we in stimulus funds on grants to public XV. know that, but this is one problem we relations firms—PR firms—ostensibly Mr. REID. Madam President, when can solve with cooperation from the to do public relations related to pro- 67-year-old Pamela Gunter started drug manufacturers. It will come about moting the stimulus. It spent nearly treatment for breast cancer, her doctor much more clearly if we pass the bill $20 million on mailings to seniors to knew it would be a grueling fight. He that is before the Senate now. tout ObamaCare—a mailer, by the way, also knew it was a fight she could win. The Food and Drug Administration that the Government Accountability Pamela’s doctor put her on Taxol, a Safety and Innovation Act, the one I Office found overstated the law’s bene- common chemotherapy drug. The re- have talked about several times al- fits. sults were excellent. Her tumor ready today, will help establish effec- Millions of taxpayer funds were spent shrank. Her prognosis was good. tive lines of communication between on postcards that promote Then one day last spring, no more drugmakers, the Food and Drug Ad- ObamaCare’s small business tax cred- Taxol. The doctor could not get it. It is ministration, and doctors. When the it—a credit the GAO said was ineffec- one of the most popular and effective FDA gets early warning from manufac- tive and infrequently used. These are treatments for breast, lung, and ovar- turers that shortages are coming, it just a few of the ways the administra- ian cancer, and it suddenly disappeared can act quickly to find alternative tion is quietly promoting its own fatal from the markets in Nevada. Doctors sources of medication and ease supply policies; how it is trying to change peo- couldn’t get it; drug suppliers could problems by, for example, taking from ple’s minds about the President’s poli- not say why. So Pamela’s doctor was one place where they have a lot of a cies with their own money, and using forced to use a much more expensive medicine and moving it someplace our tax money to try to promote the and much less effective course of treat- where they do not. Drugmakers avert- President’s policies. The campaign is ment. The cancer spread. By the time ed 200 shortages last year by volun- one thing, but using our tax money to Taxol was available again, Pamela was tarily notifying the FDA of trouble on promote the President’s policies is out- dead. She left behind a loving husband, the horizon. But many shortages, per- rageous. two grown sons, and a grandchild. But haps all 231 last year, could have been There is a larger issue than the fact with the right treatment she would prevented if drugmakers had shared in- that the President is quietly mar- still be alive today. Her Las Vegas doc- formation with FDA. keting policies with taxpayer dollars tor said a shortage of this common ge- Our bill would make that necessary that he is clearly afraid to talk about neric medicine directly contributed to and force it to take place. That is why in public. That is bad enough, but the her death. Had this product been avail- Congress must act quickly to pass the larger point is the fact that we have a able, she would have been fine. She of legislation that is now before the Sen- nearly $16 trillion debt, the largest tax course would have suffered; that is ate, which will ensure the FDA has the hike in history right around the cor- what patients on chemo do. But their resources to approve new drugs and ner, chronic unemployment, and sky- suffering is worth it because they know medical devices quickly and effi- high gas prices, and the President it is lifesaving. ciently. thinks it is a good idea to spend $20 Pamela is not the only American af- Passing this legislation would not million to promote ObamaCare. We fected by a shortage of Taxol and other bring Pamela back, it would not give don’t have the money to begin with, lifesaving drugs. Every day in hospitals her another day to spend with her hus- and he is spending it to market his across the country Americans already band, another week to say goodbye to policies. dealing with devastating illnesses must her sons, or another year to get to The President needs to face the facts.
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