S11404 CONGRESSIONAL RECORD — SENATE December 7, 2006 Your heavenly grace, and give them as far as we are concerned there is no creates a national sex offender reg- courage to face perils with trust in need for a cloture vote. We look for- istry, strengthens measures to prevent You. Give them a sense of Your abiding ward to working with the distinguished child pornography, and reinforces laws presence, wherever they may be. majority leader today, maybe tomor- against child porn. We pray in Your sovereign Name. row, maybe Saturday, to try to get as We passed the Trafficking Victims Amen. much cooperation out of Senators as Protection Reauthorization Act, which f possible. I know the finance folks have renewed the first federal law to worked long and hard to try to come strengthen prosecution efforts against PLEDGE OF ALLEGIANCE up with something that is very impor- human traffickers. The PRESIDENT pro tempore led the tant for the country. We will continue We passed legislation securing the Pledge of Allegiance, as follows: to monitor that and do everything we right to prayer in U.S. military acad- I pledge allegiance to the Flag of the can as we try to move this legislative emies. United States of America, and to the Repub- agenda forward. We passed legislation protecting the lic for which it stands, one nation under God, PROTECTING AMERICAN VALUES Mount Soledad Memorial Cross. indivisible, with liberty and justice for all. Mr. FRIST. Mr. President, I will be We passed the Broadcast Decency En- f very brief. I want to speak on another forcement Act, which allows for the 10- fold increase of FCC fines for indecency RESERVATION OF LEADER TIME matter. I know we want to get to the hour of pre-vote time here shortly. violations. The PRESIDENT pro tempore. Under Hopefully, tomorrow will officially We passed Cord blood legislation that the previous order, the leadership time end the 109th Congress. At the end of harnesses the power of stem cells in is reserved. the day tomorrow, if we do our work cord blood to develop new cures for f today successfully, and tonight, the life-threatening diseases. We passed the Fetus Farming Prohi- EXECUTIVE SESSION Senate will be able to adjourn. That will also mark, once we adjourn, this bition Act, which prohibits the gesta- official change in leadership and tion of fetal tissue in order to use it for NOMINATION OF ANDREW VON change in the Senate agenda. I know research. ESCHENBACH TO BE COMMIS- many of my colleagues and many of my We passed the Stem Cell Research Al- SIONER OF FOOD AND DRUGS, conservative allies view this change ternatives bill, which provides federal DEPARTMENT OF HEALTH AND with a bit of trepidation, but change is funding for a variety of stem cell re- HUMAN SERVICES good, change is constructive. It can be search that do not involve destroying human embryos. The PRESIDENT pro tempore. Under difficult, it can be painful, and it can be messy, but change forces us all to And perhaps most notably . . . we the previous order, the Senate will pro- confirmed John Roberts Chief Justice ceed to executive session to consider reexamine who we are, where we are, and where we want to go; what we of the Supreme Court . . . and Samuel the nomination of Andrew von Alito as an associate Justice of the Su- Eschenbach, of Texas, which the clerk know, what we believe. I believe it is our responsibility to preme Court. will report. We confirmed 18 Circuit court nomi- The legislative clerk read the nomi- protect traditional, commonsense American values. I believe when we nees and 87 District court judges, in- nation of Andrew von Eschenbach to be cluding six previously obstructed nomi- Commissioner of Food and Drugs, De- give the American people the freedom to invest their money as they choose, nees. America needs judges who are partment of Health and Human Serv- the economy is going to flourish. It is fair, independent, unbiased, and com- ices. going to have more freedom to grow. mitted to equal justice under the law RECOGNITION OF THE MAJORITY LEADER At the end of the day, I believe good . . . and we made sure that’s what The PRESIDENT pro tempore. The leaders don’t talk about principles— America got. majority leader is recognized. don’t talk about them—but good lead- Over the past 12 years, what Repub- SCHEDULE ers lead on principle. They act, and licans have done has changed our econ- Mr. FRIST. Mr. President, this morn- they act with solutions, even if they omy, our country, and our way of life ing the Senate will vote on the motion don’t know that the outcome is going for the better. to invoke cloture on the nomination of to be 100-percent successful every time Our record of success, combined with the FDA Commissioner, Andrew von a bill is taken to the floor. the lessons of November’s election, en- Eschenbach. Senators can expect to I think that is one of the things that sures that our party will rededicate have this vote around 10:30 to 10:45 this at least I tried to do, is not say let’s itself to serving the interests of Amer- morning, following the 1 hour for de- only take to the floor what will nec- ica, both here at home and around the bate. As I mentioned yesterday morn- essarily pass but what is the right world. ing, this is a very important position, thing to do, on principle; what is the That vision—optimistic, forward- and to have this confirmation finally right thing for us to be considering. looking, hopeful—will be grounded in being accomplished will be a great During my tenure in public office, it the fundamentals of commonsense con- achievement for this Congress. is what I tried to do, to lead on prin- servative values best found on Main Once cloture has been invoked, we ciple and act with solutions. It does Street and in families with whom we will try to schedule that vote on con- come from that surgical approach of have the privilege of interacting all firmation early in the day. There are fixing things, of operating, of action. across the country. The PRESIDENT pro tempore. Under several critical items the Senate must For example . . . for 10 years, we the previous order, there will be 60 act on before we adjourn sine die, and grappled with the issue of Internet minutes for debate prior to the cloture therefore Senators should adjust their gambling. We watched the industry vote, with time divided as follows: the travel plans to be here voting over the mushroom from a $30 million industry Senator from Wyoming, Mr. ENZI, or coming days. in 1996 to a $12 billion industry today. his designee, 30 minutes; the Senator I will be working with colleagues on We watched an addiction undermine from Iowa, Mr. GRASSLEY, 20 minutes; both sides of the aisle to wrap up our families, dash dreams, and fray the fab- the Senator from Louisiana, Mr. business for the Congress, and I appre- ric of a moral society. VITTER, 10 minutes. ciate Senators’ willingness to work to- So we acted with a solution . . . by passing the Internet Gambling Prohibi- Who yields time? The Senator from gether on a number of legislative and Wyoming is recognized. executive matters. tion and Enforcement Act to provide new enforcement tools to prosecute il- Mr. ENZI. Mr. President, I rise to dis- RECOGNITION OF THE MINORITY LEADER legal Internet gambling. cuss the pending nomination of Dr. An- The PRESIDENT pro tempore. The Let me give you a few more recent drew von Eschenbach to be the Com- minority leader is recognized. examples of how we have led on prin- missioner of Food and Drugs. The FDA MOVING THE LEGISLATIVE AGENDA ciple, and acted with solutions. has a very broad and critical mission in Mr. REID. Mr. President, Andrew von We passed the Adam Walsh Child protecting our public health. The Com- Eschenbach is cleared on this side, so Protection and Safety Act . . . which missioner of Food and Drugs is in

VerDate Aug 31 2005 06:19 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G07DE6.001 S07DEPT1 hmoore on PROD1PC68 with HMSENATE December 7, 2006 CONGRESSIONAL RECORD — SENATE S11405 charge of an agency that regulates $1 But, in light of the trillion dollars lieve we need to send a message to the trillion worth of products a year. The worth of drugs and products overseen executive branch that it is not OK to FDA ensures the safety and effective- by the FDA and hundreds of drug ap- impede congressional investigations. It ness of all drugs, biological products provals reviewed every year, I think we is not OK to limit the Senate’s access such as vaccines, medical devices, and would be setting a dangerous precedent to documents, information, and em- animal drugs and feed. Let me repeat if any of us hold up the President’s ployees of the executive branch. In his that: the safety and effectiveness of all choice for FDA Commissioner over de- book on congressional government, drugs, biological products such as vac- cisions made involving one product or Woodrow Wilson, before he was Presi- cines, medical devices, animal drugs one issue or something extraneous, dent, when he was a professor at and feed. It also oversees the safety of even, to the Food and Drug Adminis- Princeton, wrote, in 1885: ‘‘Quite as im- a vast variety of food products, as well tration. It would be an especially dan- portant as lawmaking is vigilant over- as medical and consumer products in- gerous precedent at this point. sight of the administration.’’ cluding cosmetics. We have a lot on our plate with re- Our work as lawmakers does not end As Commissioner of Food and Drugs, spect to the FDA during the 110th Con- with the passage of a bill. This body Dr. von Eschenbach would be respon- gress. We have to reauthorize both the has a responsibility to the American sible for advancing the public health by drug and device user fee programs, ad- people to make sure that laws work helping to speed innovations in its mis- dress two expiring pediatric programs, and that they are being implemented sion areas, and by helping the public and improve our drug safety system. effectively, efficiently, and economi- get accurate, science-based informa- The FDA needs a leader with the cally. Congressional oversight serves tion on medicines and food. Dr. von backing and mandate that Senate con- very important goals, and we should Eschenbach has a strong record. He is firmation provides in order to be our not lose sight. They include reviewing an accomplished scientist, a proven partner in these efforts. Dr. von actions taken and regulations adopted manager, and a man with a vision. He Eschenbach has received significant by executive agencies to make sure is also a cancer survivor, and he has support from the HELP Committee. that the agencies are executing law ac- brought that perspective, and the com- This man could serve patients in many cording to the intent of Congress, and, passion that goes with it, to his Gov- different ways, and has offered to serve second, ensuring that the Federal Gov- ernment service. He gave up a job he them by running this critically impor- ernment is not wasting taxpayers’ dol- loved, a challenging but rewarding post tant agency. I am talking about a doc- lars. Oversight work allows us to directing the National Cancer Insti- tor with cancer expertise, management evaluate the ability of agencies and expertise, and vision, who has agreed tute, to offer his service for what I be- managers to carry out program objec- to run this agency at what we pay be- lieve is a much more challenging and tives and improve the efficiency, effec- cause he wants to give back to his definitely thankless job of leading the tiveness, and economy of Government FDA. country. I urge my colleagues who are not on programs; next, ensuring that execu- The FDA has been without a con- tive policies reflect the public interest firmed Commissioner for all but 18 our committee to give Dr. von Eschenbach a chance to effectively run and that public interest is expressed in months of the last 51⁄2 years. Have you the laws of Congress; and, lastly, pro- ever seen a business that can run for the FDA with full statutory authority, so I urge my colleagues to accept the tecting the rights and liberties of the 51⁄2 years without a boss except for 18 President’s nominee, Dr. Andrew von American people. months? And that was a tenuous 18 Woodrow Wilson also said in his book months. I believe we can all agree that Eschenbach, and vote to confirm him as the next Commissioner of Food and that: we need a strong leader at the FDA It is the proper duty of a representative now, and one who has a mandate to Drugs. Voting yes on this cloture vote will be the first step voting on a per- body to look diligently into every affair of act. He needs full authority to bring Government and to talk much about what it manent head to oversee our Nation’s back the morale of the Department and sees. It is meant to be the eyes, the voice and food and drug system. get the job done. We must be forward embody the wisdom and the will of its con- I reserve the remainder of my time. stituents. looking. There are many items before The PRESIDENT pro tempore. The the FDA that require the immediate Senator from Iowa. In America, with our Government, attention of an FDA Commissioner Mr. GRASSLEY. Mr. President, my the public’s business ought to be pub- vested with full authority. But that au- opposition to the cloture motion is as lic. But when you have coverups and thority flows directly from the act of much about whether we are going to be the lack of information going to Con- Senate confirmation. Without a Sen- able to fulfill our constitutional re- gress, as demonstrated by this request ate-confirmed leader, we can’t expect sponsibilities of oversight of the ad- for documents, and when we get a doc- the FDA to be as effective as we need ministrative branch of Government as ument back with practically 57 pages it to be. I urge my colleagues to con- it is about the particular qualifications removed, what is in those 57 pages that sider this. of the nominee. I intend to vote we ought to have access to? That is I know some of my colleagues on and against cloture and I hope that Demo- just one example of lack of information off the committee are not completely crats who are listening—particularly and the lack of cooperation from this satisfied with their interactions with those Democrats in the last election agency. the FDA during Dr. von Eschenbach’s who were bellyaching because there Throughout history, Congress has en- tenure. Some would urge that the Food wasn’t any oversight on the part of Re- gaged in oversight of the executive and Drug Administration move quickly publicans toward the executive branch branch. The right to congressional on certain matters before it. However, of Government—would pay attention oversight has been asserted from the I am not sure that holding up a nomi- to the fact that this nominee has some- earliest days of our Republic. In 1792, nation over single products or single thing to do with and is an illustration the House invoked its authority to con- issues is the right way to achieve fast- of the lack of cooperation on the part duct oversight when it appointed a er action and to ensure that agency of the executive branch, failure to co- committee to investigate the defeat of processes are free from the pressure of operate with Congress on the issue of General St. Clair and his Army by Indi- politics. In fact, I strongly believe the congressional oversight. ans in the Northwest and empowered opposite would occur. I think this is a I have serious concerns about what the ‘‘call for such persons, papers, and position that has more Catch-22s than this cloture vote means, then, to con- records as may be necessary’’ for that any other position in Government. gressional oversight of the executive inquiry. I do respect the right of my col- branch now and in the future, and what In fact, the Constitution grants Con- leagues to disagree with the Presi- it means for Members such as me, who gress extensive authority to oversee dent’s choice for this position or the placed a hold on this nominee. This and investigate executive branch ac- policies a President’s nominee might was not a secret hold. I made this hold tivities. pursue. If our disagreements with the public. Congressional oversight was also rec- President’s choice are so strong, we I am voting against cloture and ask ognized explicitly in the passage of the ought to vote against the nominee. my colleagues to join me because I be- Legislative Reorganization Act of 1946,

VerDate Aug 31 2005 06:19 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G07DE6.002 S07DEPT1 hmoore on PROD1PC68 with HMSENATE S11406 CONGRESSIONAL RECORD — SENATE December 7, 2006 which required the standing commit- they were going to do because Repub- This past summer I asked the Con- tees of Congress to exercise continuous licans weren’t doing it—they didn’t let gressional Research Service to look watchfulness over programs of agencies me—let me ask you this: Are you going into the department’s policies regard- in their jurisdiction. Numerous Su- to be able to conduct oversight when ing this matter. And the Congressional preme Court decisions will support all you get answers such as that? Are you Research Service told me that there is the precedents for Congress to see all going to be able to conduct oversight ‘‘no legal basis’’ for the department’s aspects of the Federal Government. when, for 7 months, you don’t get your executive branch assertion. The legal In 1927, in McGrain v. Daugherty, the subpoenas responded to? What is the analysis provided by Congressional Re- Supreme Court upheld congressional agency’s explanation? The FDA has search Service supports the commit- authority to conduct oversight of the said that many documents have been tee’s position that these executive Teapot Dome scandal. Justice Van withheld, that it is unduly burdensome agencies’ claims have been consist- Devanter writing for the unanimous to provide a privilege log. Even in the ently rejected and compliance with Court stated: FDA, general counsel, as recently as congressional requests in the past has We are of the opinion that the power of in- Tuesday of this week, could not see been forthcoming. The CRS cites nu- quiry with the process to enforce it is an es- why the agency needed to comply with merous court cases which establish and sential and appropriate auxiliary to the leg- the law and the terms of the subpoena support Congress’s power to engage in islative function. which was issued by the committee. oversight and investigate activities To do oversight, Congress needs ac- In denying the committee access to and its access to executive branch per- cess to information and people in the the documents responsive to the sub- sonnel and documents in carrying out executive branch. And that is what I poena, which the department and the our powers of oversight. did not, and still may not, be getting FDA administration have claimed The Department of Health and from the FDA under the leadership of ‘‘prosecutorial deliberative process’’ or Human Services, the FDA within Dr. Von Eschenbach—as an example, 47 ‘‘confidential communications’’ or Health and Human Services, says it has pages removed; another example, 43 ‘‘agency prerogatives’’ to determine been responsive because the agency pages removed. who will be interviewed and testify be- made available hundreds of thou- How are you going to conduct over- fore a jurisdictional committee, when sands—even millions—of pages of docu- sight when you get answers such as those on the other side of the aisle get ments to the Finance Committee in re- that from the Food and Drug Adminis- answers such as that when you are sponse to its subpoena. But the agency tration? going to be in the majority, what are I take exception to the statement can give me all of the books and all the you going to do about it? Are you going made in support of the cloture motion. documents housed at the Library of to keep your commitment to the Amer- People ought to be ashamed of saying Congress and it won’t matter if it is ican people when you won the major- Dr. Andrew von Eschenbach has done a not what I have asked for and the ity? And are you going to be able to do superb job in the position he is cur- pages are removed. the oversight when you get rationales rently occupying with an answer such It is this type of cooperation that I such as ‘‘prosecutorial deliberative as that to the Congress of the United am getting under this Director that States. That is an insult. Before you process’’ or ‘‘confidential communica- you are now going to confirm. I am cast your vote in favor of cloture, con- tions’’ or ‘‘agency prerogatives?’’ very concerned about the cooperation, I could not talk to a line agent sider what is at stake—and particu- if any, that we have once he becomes a named West because you can’t talk to larly Members on the other side of the permanent commissioner. Every Mem- line agents, when 3 months before I aisle who, during the campaign, in ber of Congress should be equally con- talked to line agents? There was some- campaign commercial after campaign cerned if they take their constitutional one from the Justice Department be- commercial after campaign commer- duty of conducting oversight of the ex- fore the Judiciary Committee, when cial, said Congress is not doing its job ecutive branch seriously, and most im- of oversight, implying that Repub- Senator KENNEDY said, ‘‘I want access portantly to the new majority when licans were covering up wrongdoing by to line agents,’’ unrelated to what I am you are going to carry out your cam- the administration. If you want to pre- talking about: Line Agent West, whom paign promises to make sure that there serve your access to information and I wanted to talk to and I was told I is proper oversight, checks and bal- do the oversight that you think you couldn’t talk to because you can’t talk ances against an executive branch of are going to do, when you are in the to line agents, the official at the Jus- Government you think is exceeding au- majority and you get answers such as tice Department said to Senator KEN- thority. Every Member should be con- that, do you think you are going to be NEDY: cerned. I cannot emphasis this enough. able to do the job of oversight? You can talk to line agents. We will get A vote for cloture today is a vote In my interactions with the Depart- them for you. against oversight, and that is not what ment of Health and Human Services I do not know whether that ever hap- this Senate should be doing. It is not and the FDA these last 8 months, I pened. But that was the answer. what the American people sent us here have seen a complete and utter dis- When I went around doing my ques- to do. We need to step up congressional respect for congressional authority and tioning of Justice Department offi- oversight to protect our Nation’s sys- hence the law. The department and the cials, I said: What about my ability to tem of checks and balances and not re- Food and Drug Administration have re- talk to Line Agent West? It just ward those who seek to impede our peatedly failed to act in good faith in seemed as if I was going to be able to constitutional authority. responding to congressional investiga- talk to Line Agent West. But yet this This body should not walk hand in tions—and the lack of 43 pages is just very day the Justice Department is ad- hand with the executive branch and sit one example. vising the Secretary of the Interior idly by as instances of abuse and fraud Although the Director’s leadership at that we can’t talk to Line Agent West, continue to endanger the health and the FDA has failed to fully comply which is key to whether some of these safety of American people. This Senate with two congressional subpoenas that investigations are allowing dangerous needs to make it clear to the executive were issued 7 months ago, efforts to ac- drugs on the market. In Cedar Rapids, branch that Congress takes its over- commodate the agency’s concerns fall IA, I have a family that lost an 18-year- sight responsibilities seriously and to on deaf ears, and I wonder if I am deal- old because of a drug that was on the vote against cloture. If we do have clo- ing with dysfunction by design. Not market then and which is not on the ture, I will have other remarks during only has the NEDA withheld docu- market now. postcloture debate. ments that do not appear to be privi- It seems to me that if you are con- The PRESIDING OFFICER (Ms. MUR- leged, but it also says what has been cerned about the safety of drugs, this KOWSKI). The Senator from Wyoming. withheld and why. The subpoenas com- information is important, and if you Mr. ENZI. Madam President, I want pel a privilege log, but the FDA has not are going to have it covered up in the to briefly comment. provided us with that privilege log. FDA, you aren’t protecting the public. I understand the frustration. I have For Democrats in the majority next If Congress knows about it, you are not been working with him trying to get year doing the oversight that they said doing your job of oversight. documents, trying to get the interview

VerDate Aug 31 2005 06:19 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G07DE6.003 S07DEPT1 hmoore on PROD1PC68 with HMSENATE December 7, 2006 CONGRESSIONAL RECORD — SENATE S11407 with Mr. West. I want you to put your- tors haven’t had that experience, one congressional confirmation he de- self in Dr. Von Eschenbach’s position. might not get the impression that they serves. He deserves it because he left He has not been confirmed. He does not really understand what a patient is the private sector at a world renowned have the full authority to run that de- going through. Not Dr. Andy von cancer research institution to serve his partment. So what he has to do is rely Eschenbach. He has been through the country and the responsibility it takes on the Department of Justice, as the hard time of being told he has this in a high public policy position. Senator mentioned. The Department of dreaded disease and fighting it with all Sometimes I wonder how we attract Justice tells him what he is supposed his might. He does relate to patients’ such qualified academics and people to do. I don’t think he has authority to struggles. who are not experienced in this arena. go beyond what the Department of Jus- During his 25 years at the University They are not used to the compromise tice says. of Texas M.D. Anderson Medical Cen- of politics. They have been researchers The Senator is one of the most dili- ter, he led a faculty of 1,000 cancer re- and in academia all their lives. They gent Members to hold oversight hear- searchers and clinicians. He was the come into public service and all of a ings of anybody that I know. I appre- chief academic officer at this great sudden they are hit with the public ex- ciate the depth that you go to for indi- cancer institution. He was also the posure and scrutiny. Sometimes they viduals as well as groups. I know it is founding director of M.D. Anderson’s are unfairly characterized in a way what you are doing on this one. Unless Prostate Cancer Research Program. In they never dreamed. we give him full authority, he has to this position, he developed integrated Yet we have someone of the caliber of rely on the Justice Department. The programs to study, treat, and prevent Andy von Eschenbach willing to take way one has to take on the Department prostate cancer. Before arriving at all of that to do something better for of Justice is through the Judiciary M.D. Anderson, he served his country our country and for cancer patients in Committee and bring them to task for as lieutenant commander in the U.S. the country and in the world. We owe giving him that kind of advice. I think Navy Medical Corps from 1968 to 1971. him the ability to have this position he is just following the advice he has In 1976, he joined M.D. Anderson as a without any further delay, with the gotten from those he has to rely on urologic oncology fellow. He became complete imprimatur of the Senate as until he has authority. I think it will part of the faculty and was named well as the President of the United be different when he has full authority. chairman of the Department of Urol- States. He deserves it. I hope our colleagues will look at I yield 2 minutes to the Senator from ogy in 1983. Alaska. When he left M.D. Anderson in 2002, this, not from a political prism but from the standpoint of a qualified indi- The PRESIDING OFFICER. The Sen- he became Director of the National vidual who is trying to help medical re- ator from Alaska. Cancer Institute. At the time, he was search and safety in this country go Mr. STEVENS. Madam President, president-elect of the American Cancer forward, who is a patient advocate, during my time of almost 7 years as Society which, of course, is one of the first and foremost. chairman of the Appropriations Com- leading organizations in our country I thank Senator ENZI and Senator mittee, I have met with Dr. Von that fights for victims of cancer. KENNEDY for working together to bring Eschenbach quite often. We had many He has, also, been published in more this nomination to the Senate. We requests for documents. I can’t remem- than 200 publications. This year, Time should have a bipartisan vote in con- ber once that he refused. But beyond Magazine named Andy von Eschenbach firming Dr. Andrew von Eschenbach. that, I came to the floor today to say as one of the 100 people who shape our I yield the floor. that I have gotten to know Dr. Von world. The PRESIDING OFFICER. The Sen- Eschenbach personally, and I can’t The FDA is fortunate to have Dr. von ator from Louisiana. think of a more qualified man at this Eschenbach. It is one of the Nation’s Mr. VITTER. Madam President, I rise time to be confirmed to this position. I oldest and most respected consumer today to speak against the cloture mo- hope the Senate will vote cloture and protection agencies. It regulates $1 tion to confirm Dr. Andrew von we will confirm Dr. Andrew von trillion worth of products available to Eschenbach as Commissioner of the Eschenbach as requested by the Presi- American consumers, and it makes FDA. I have had a public hold on this dent. I thank the Chair. sure the products are safe and effec- nomination and have been very upfront Mr. ENZI. Madam President, I yield tive. about it. Because my serious concerns 10 minutes to the Senator from Texas. Dr. Von Eschenbach is the right per- have not been addressed in any signifi- The PRESIDING OFFICER. The Sen- son to lead the FDA’s mission. I com- cant way, I will vote against cloture. If ator from Texas. pletely trust him. I cannot think of a cloture is invoked, I will vote against Mrs. HUTCHISON. Madam President, more qualified candidate. I hope we the nomination. I thank Senator ENZI for giving me this will put politics aside in this very im- In doing so, I want to be clear I have time. I am pleased to rise to support portant nomination and we will con- nothing against Dr. Von Eschenbach’s Dr. Andrew von Eschenbach’s nomina- firm this very qualified individual. He technical credentials or professional tion for Commissioner of the Food and is balanced. He has good judgment. He experience. They are very impressive Drug Administration. I am speaking will continue to be a cancer advocate in many ways. I strongly object to this about a person whom I know. I know as well as a patient advocate. nomination because the FDA and Dr. him as a person. I know him as a He knows, also, from the FDA stand- Von Eschenbach, acting on orders from human being. I can say, with full con- point, of the issues involved with the the administration, has had a complete fidence, there is no one more qualified drug approval process—that products and utter lack of action creating a rea- and more well suited to lead this very face extensive testing and studies com- sonable, safe system for reimportation important agency. pared to other countries. I have talked of prescription drugs from Canada and I was very pleased the committee to him about this. Of course, their first elsewhere. overwhelmingly, unanimously, sup- and foremost responsibility is safety. Clearly, this nomination making him ported his nomination. Not only is Dr. That is why they have this arduous and the permanent head of the FDA will Von Eschenbach a wonderful friend of comprehensive process of approving only further delay that reasonable im- mine, but he is so qualified for this po- drugs. plementation of a good, safe reimporta- sition. His experience and integrity On the other hand, he also knows you tion policy. In fact, at my extensive make him the right choice to lead the need to make drugs available for pa- meeting with Dr. Von Eschenbach, my FDA. tients who otherwise may not survive. discussion with him made that per- He is a nationally recognized uro- He realizes these concerns from every fectly clear. I give him credit, I sup- logic surgeon, medical educator, and angle. He knows it from the research pose, for being very direct about that, cancer advocate. He is a three-time angle, from the academic angle, from although I am not sure he fully under- cancer survivor. There is no one who the Government angle, and from the stood my serious interest in reimporta- can understand what it is like to go patient advocate angle. tion. It is for this reason I will vote through a fight against cancer than It would be a tragedy if we did not against cloture. If cloture is invoked, I someone who has done it. So many doc- give him the full authority and the full will vote against the nomination.

VerDate Aug 31 2005 06:19 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G07DE6.004 S07DEPT1 hmoore on PROD1PC68 with HMSENATE S11408 CONGRESSIONAL RECORD — SENATE December 7, 2006 The FDA is completely capable of making record profits, the costs of pre- blown reimportation plan to be here on setting up a reimportation system, one scription drugs are still skyrocketing the floor of the Senate for a full debate that is safe and effective. The FDA can and the very same medicines usually and a fair vote. do this. It is not a matter of technical manufactured by the very same compa- So as I oppose cloture, as I oppose ability. We have great technical and nies are sold at a fraction of the costs this nomination, I do so in that spirit other resources in this country. It is a a few miles north of the border in Can- and with real optimism that we are not matter of political will. At any time, ada or in other countries around the only making progress, but we will, in the FDA could act and set up this safe world. Louisianians see that and they fact, win on this issue in the near fu- and reasonable system. are very skeptical. They should be. I ture. Next year, I expect my bill to be My hold on this nomination, as I share that attitude. I share that skep- fully debated. In this Congress, that said, was very public, upfront, and ticism. bill is S. 109, the Pharmaceutical Mar- clear. I made it clear I would lift it, Opposing the right of an American to ket Access Act. I believe it will reach contingent on a very simple request to buy prescription drugs, FDA-approved the floor and will get a full debate with implement some sort of prescription medication they intend to use for other significant bills on the issue next drug reimportation plan—perhaps be- themselves, is a wrong policy. We pay year. ginning with personal reimportation the highest prices in the world for pre- I look forward to that continued from Canada, including Internet and scription drugs in America. Our prices progress. I look forward to that ulti- mail order sales. The FDA could do subsidize not only rockbottom prices in mate victory because Americans, par- this. It is fully capable of doing this. It almost every other country but also ticularly seniors, all across our coun- has the know-how to do this. It simply sky-high and escalating profits of the try, including in Louisiana, need this will not because of lack of political pharmaceutical companies. That is not very important relief. We can give will. fair. That should not be allowed to con- them this relief in a safe, reliable way The need for this is very obvious to tinue. That is why we need to pass this to dramatically bring down prescrip- me. Every time I talk to consumers in important policy of reimportation. tion drug prices. Louisiana, particularly seniors, it be- Many of my colleagues have spoken With that, I yield back the floor. comes more and more obvious. As obvi- about this significant issue in the Sen- The PRESIDING OFFICER (Mr. ous and as important is the growing ate. THOMAS). The Senator from Wyoming. support for this—not just out in the In September, my colleague from Mr. ENZI. Mr. President, I wish to country where that support has always Michigan spoke of her bus trips with acknowledge the intense, enthusiastic, been strong but in the Congress, in the her constituents to Canada where they and persistent work of the Senator Senate, in the House. were able to buy safe, FDA-approved from Louisiana, Mr. VITTER, for drug The House passed comprehensive drugs at a fraction of the U.S. cost: importation. I do not know that I have drug reimportation language in 2003. It Lipitor, a very important cholesterol- seen anybody lead as much on an issue passed it by an overwhelming majority. lowering drug, for 40 percent less; or work as hard on an issue. Around More recently, the Senate passed my Prevacid, an ulcer medication, for 50 here, that is a talent which is very amendment coauthored by Senator percent less; antidepression medica- much appreciated. BILL NELSON of Florida by a vote of 68 tions such as Zyprexa for 70 percent I do want to mention that, again, Dr. to 32. That was this past July. That less. Von Eschenbach has not been con- was a significant breakthrough because In June, my colleague from North firmed, so he does not have full author- it was the first time we had a meaning- Dakota spoke eloquently about the ity to run the Department or to do ful, straight up-or-down vote on a re- need to allow the reimportation of safe what he would like to do or might need importation issue in the Senate. Again, drugs as a way to pressure U.S. phar- to do. He has to rely on the advice of the vote was clear. It was over- maceutical companies to lower prices other people, particularly until he is whelming. That important amendment here. That is the key, not just offering confirmed. After that, even then, he passed 68 to 32. this option of cheaper drugs from an- will have to abide by the laws. All this shows that the majority of other source but breaking up the I would point out that drug importa- Americans strongly support allowing present system that allows companies tion is illegal right now, and it is Con- all Americans to purchase safe, cheaper to charge dramatically different prices gress, not the FDA, that has deter- prescription drugs from Canada and for the same drug around the world. mined that. So until we change the elsewhere. Yet the administration ab- And, of course, the highest prices in law, until we do some or all of the solutely refuses to budge. Not only the world by far are right here in the things the Senator from Louisiana is does the administration refuse to United States. That system will not be suggesting, Dr. Von Eschenbach would budge, it even went so far as to quietly able to withstand reimportation. That really be stepping out of bounds to do implement a new policy last year at system will fall with reimportation. drug importation. So I hope we do not U.S. Customs and Border Protection to So that is why I continue this fight. hold that against him or hold up his go after individual American citizens That is why it is so important. Al- nomination for that reason. We should crossing back into the United States though certainly this nominee may hold him accountable for what is with- from other countries—mostly Canada— very well be confirmed by the Senate in his control, but urge him to work with medicine, actually seizing their today, I am very optimistic that, as we with Congress. packages containing legal medication make progress on this issue, we march I have had dozens of meetings with at those border checkpoints. That is a to a very certain victory, probably him on a variety of issues, as Senators very high-handed policy, when these next year, on the issue. have brought them up. Most of them citizens are doing nothing but trying Again, we have been making steady have been resolved. Those within the to get absolutely necessary prescrip- progress. My amendment this past law, those the Department of Justice tion drugs at a reasonable cost. summer—the first vote on the floor of has not contested, have been resolved. Coupled with the FDA and the ad- the Senate—was a breakthrough vote Mr. VITTER. Will the Senator yield ministration’s stubborn reluctance to that showed overwhelming support very briefly? implement even the most modern pro- here on the floor of the Senate for re- Mr. ENZI. Yes. gram, this has led me to conclude that importation. Previous House votes, Mr. VITTER. Just very briefly, first no change would be made with the con- similarly, showed not just majority of all, I appreciate your kind com- firmation of this nominee. support, overwhelming support for this ments. Very briefly, my comments re- Again, this is an issue of utmost im- change in policy. Just recently, I again garding his and FDA’s ability to move portance to every American family joined with Senator BILL NELSON of forward on this is based on current law, and, of course, it particularly impacts Florida to put up another important including the Medicare Modernization seniors. I talk to affected families and amendment to the Agriculture appro- Act, which says that if they institute a affected seniors in Louisiana about this priations bill that would go a step fur- safety regime and certify the safety of all the time. They tell me, at a time ther. We will continue to pursue that. these drugs, they can, in fact, move when pharmaceutical companies are Then, next year, I fully expect a full- forward with the reimportation regime.

VerDate Aug 31 2005 06:19 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G07DE6.005 S07DEPT1 hmoore on PROD1PC68 with HMSENATE December 7, 2006 CONGRESSIONAL RECORD — SENATE S11409 So under present law, that is possible, or Michael Leavitt, can come forward paramount. We absolutely have to have and that is what I was referring to. But and certify that all of these are, in at the head of the FDA, in that kind of I respect the Senator’s point of view. fact, as advertised, it is the law that revolution, a man who is visionary, a Mr. ENZI. I appreciate that com- they cannot be brought into the United man who looks to the future, and a ment. If you were a person who was in States. I think that is an appropriate man who understands the potential a catch-22 position, a very qualified law protecting people in the United that lies in the area which he super- doctor, and you really wanted to do a States. intends. good job with FDA and you knew that I agree with the Senator from Wyo- Dr. Von Eschenbach, I am convinced, half the people or a third of the people ming that it really is not appropriate is such a man. I have his resume. We or even 10 percent of the people did not to hold up Dr. Von Eschenbach’s con- have heard it outlined here. It is an want drug importation and you were firmation on this issue because it has outstanding resume. But people with the guy in charge of maybe making to be decided by the scientists and good resumes can come before us all this determination for the first time— those who are doing the sampling of the time and, in fact, have no vision. even though 6 or 8 years previously the shipments rather than the head of They spend their time tending what is Congress had opposite opinions on it— the FDA. on their own plate. This is a man with I do not think you would want to put I have gotten to know Dr. Von vision. This is a man who sees what yourself in that position. Eschenbach as the chairman of the Ag- can happen and who desperately wants He has just had a number of catch-22 riculture Appropriations Sub- to take the FDA in that direction. positions where he can irritate half or committee. You usually think of agri- He said to me: Senator, I don’t feel more of us by making a decision, and cultural appropriations in terms of that I can institute these kinds of long- nobody is going to make a decision in crop supports and USDA activities. But term changes as long as I am acting. I their confirmation process that way. for whatever reason, in its wisdom, feel—I think appropriately, from my It is actually the Health and Human Congress at one point put jurisdiction point of view—that I cannot make Services Secretary who has to certify over the Food and Drug Administra- these kinds of structural changes in under the new law as well. tion into that subcommittee. So, if you FDA’s mission and direction until I So I hope we can get him confirmed will, I have been in the position of deal- have the imprimatur of the U.S. Senate and then do the kind of oversight we ing with this man as he has come beg- and full confirmation. need to do to make sure he does every- ging. The longer we hold up his nomina- thing that is possible to make sure we As we are in the Appropriations sub- tion, the longer we keep him from have safe food and drugs. committees, everybody who has re- being confirmed, the longer we will Mr. President, I yield up to 10 min- sponsibility over which we have con- wait for that kind of vision to be estab- utes to the Senator from Utah. trol comes begging; that is, they come lished in that agency. I think we have The PRESIDING OFFICER. The Sen- asking for things, they come outlining waited too long. I salute the majority ator from Utah. their position, and they come describ- leader for his persistence in bringing Mr. BENNETT. Mr. President, I did ing what they will do with the money. this nomination to the floor. At this not plan to talk about drug reimporta- All of us who have been on the Appro- time, with all the other things we have tion, but coming on the heels of this priations Committee have had this ex- to do before this Congress comes to an conversation, I simply want to make perience with a wide variety of people end, this is one he could easily have this one observation: The key state- from the executive branch. I have put off. I am grateful that he did not. ment made by the Senator from Lou- never seen anyone who has come before I am grateful that he filed a cloture motion to hold our feet to the fire on isiana was safe drug reimportation. our subcommittee better prepared, this one and say: It is time for us to And the key problem here is certifying with a better understanding of how the act. It is time for us to give this man that the drugs coming across the bor- money will be spent, and with more vi- the imprimatur of our confirmation der—after they have been sent and sion as to where the money ought to be vote so he can move forward, he can in- then are reimported are, in fact, the spent to take the agency into the fu- fuse the agency with the kind of vision same drugs, they are, in fact, safe. ture than Dr. Von Eschenbach. The Congress has said the drugs can We have not just sat and discussed and excitement that I know he has. I have spent enough time with him, I be reimported back into the United budget issues; we have not just sat and have had enough conversation with States as soon as the Secretary can talked about dollars and cents—what him—have talked to his peers outside certify that they are, in fact, safe. I are you going to spend here and what of the agency to know that the Presi- have seen the sample runs, if you will, are you going to spend there—he has dent has made an outstanding choice in that have been made on this issue. outlined for me in our conversations Dr. Von Eschenbach. We as a country They have found again and again that where he thinks the FDA of the future would be well served to have him in a certain percentage of the drugs com- ought to be and what it will cost to get this place, and I urge the Senate to in- ing back are, in fact, not drugs manu- it there. voke cloture and confirm this nomina- factured in the United States. They I have been very struck and im- tion as quickly as we possibly can. have been manufactured elsewhere, pressed by his vision for the FDA. This Mr. HATCH. Mr. President, to me it packaged in Canada or Mexico or wher- is not a man who is content to simply is simply unconscionable that the Food ever, and then sent back to the United superintend what he has on his plate. and Drug Administration, one of the States fraudulently, as if they were, in This is a man who has the capacity to best little agencies in Government, has fact, the original drugs. look to the horizon, and maybe even gone leaderless for such a period of Now, they have not yet killed any- over the horizon, to see where America time. body that I know of. They are not so ought to be. Here we have an agency that governs, unsafe that they have, in fact, poisoned In the practice of medicine right by some estimates, 25 cents out of anybody. Overwhelmingly, the history now, drug therapy is the cutting edge. every consumer dollar, and yet we has been that the dosage in the drugs is Yes, we are developing new operations. treat it as a stepchild. We do not pro- simply not the same as advertised in We are developing new surgical proce- vide it with the funding it needs. We the drugs manufactured in the United dures to try to push the envelope out allow it to exist without a confirmed States. They have traces of whatever further as far as health care is con- commissioner for months and months the drug might be in the fraudulent cerned. But the major breakthroughs on end, for repeated periods. And yet packages, but the dose control is not are coming through drug therapy. we expect it to be the vital consumer the same, and it is dangerous to the in- There are all kinds of situations now watchdog agency it was intended to be. dividual taking the drug if he or she as- where it can be handled with drug ther- When you think about what this sumes they are getting a certain dos- apy that obviates the need for an oper- agency does, what the daily business of age and, in fact, they are getting less. ation or any kind of surgical intrusion. the FDA is, you can see how dire the That has been the challenge. That The implications of that are huge, and situation really is. has been the problem. And until the the role of the FDA in that kind of This is an agency that makes certain Secretary of HHS, be it Donna Shalala medical revolution of the future is the drugs and medical devices we use

VerDate Aug 31 2005 06:19 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G07DE6.008 S07DEPT1 hmoore on PROD1PC68 with HMSENATE S11410 CONGRESSIONAL RECORD — SENATE December 7, 2006 are safe and effective, that the cos- tion of Dr. Andrew von Eschenbach to be agency. Dr. von Eschenbach will lead the metics, dietary supplements, and over- Commissioner of the Food and Drug Admin- agency and strengthen the credibility of its the-counter medications we count on istration. decision-making process. Dr. von Eschenbach is an excellent choice are sold safely, with truthful and non- EDWIN A. MIRAND, to head the FDA. He has an outstanding ca- Secretary. misleading claims. This agency regu- reer as a physician, researcher, and adminis- lates animal drugs and radiological de- trator in both the public and the private sec- THE AMYOTROPHIC LATERAL vices and so much more. Yet, time tors. As a physician, he has treated cancer SCLEROSIS ASSOCIATION, after time, it does without a confirmed patients for almost thirty years. As a re- Washington, DC, July 24, 2006. commissioner. And this is the abso- searcher, he has published more than 200 ar- Hon. MICHAEL ENZI, lutely wrong time for that to happen. ticles and books and was the founding direc- Chairman, Health, Education, Labor and Pen- Think about the key FDA issues we tor of M.D. Anderson’s Prostate Cancer Re- sions Committee, U.S. Senate, Washington, search Program. As an administrator, he has are facing: the safety of the food sup- DC. served as the president-elect to the Amer- Hon. EDWARD KENNEDY, ply, how to improve drug safety, insti- ican Cancer Society. Ranking Member, Health, Education, Labor and tuting a new system of mandatory ad- It is critically important to our industry Pensions Committee, U.S. Senate, Wash- verse event reporting for serious events and to the nation that the position of the ington, DC. associated with the use of dietary sup- FDA Commissioner be filled. Strong leader- DEAR CHAIRMAN ENZI AND RANKING MEMBER plements and nonprescription drugs, ship is essential if the FDA is to most effec- KENNEDY: The ALS Association strongly sup- extending the user fee programs for tively fulfill its mission of assuring the food ports the nomination of Andrew von Americans eat is safe and healthful, that the Eschenbach, M.D., to be Commissioner of the drugs and devices, and the incentives drugs they take are safe and effective, and for pediatric drug testing—and I have Food and Drug Administration and we urge that the medical devices they rely on for the Committee to favorably report the nomi- named only a few of the issues. We are cures and treatment are safe and effective nation to the full Senate. facing all these pressing public policy and represent the latest and best that our in- The ALS Association is the only national issues, and yet we expect the agency to dustry can offer. Experience has shown that voluntary health association dedicated sole- do its job without a confirmed commis- a permanent director continued by the Sen- ly to the fight against Amyotrophic Lateral sioner. That is not right. It is simply ate is necessary to assure that the agency Sclerosis (ALS), more commonly known as not right. has the authoritative leadcrship it needs to Lou Gehrig’s disease. Our mission is to im- respond promptly and effectively to all the The President has nominated a well- prove the quality of life for those living with challenges it faces. ALS and to discover a treatment and cure qualified, more-than-capable medical Prompt confirmation of Dr. von for this deadly disease. doctor to the position of Commissioner Eschenbach is especially important in view We believe that strong leadership at the of Food and Drugs. of the issues that are currently facing the FDA is essential so that the Agency can ful- I know Dr. Von Eschenbach well. He FDA. Next year, both the medical device and fill its mission and not only ensure that is a man of integrity. He is a good man- drug user fee programs must be renewed by drugs and medical devices are safe and effec- ager. He is a good listener. He knows Congress, and the agreements between indus- tive, but also that people have timely access the importance of working well with try and the FDA that will be the starting to the latest medical technologies. This is point for the reauthorization are being nego- Congress, and I believe he will work especially important for people with ALS, tiated right now. The critical path initiative, for there is no known cause or cure for ALS, well with us. which offers so much potential for speeding and only one drug available to treat the dis- I urge my colleagues—no, I implore the development and approval of safe and ef- ease. That drug, approved by the FDA in my colleagues—to do what is right and fective products) is just getting off the 1995, provides only modest benefits, pro- vote to invoke cloture on this nomina- ground and needs a strong advocate. The longing life by just a few months. tion. It is what Dr. Von Eschenbach de- challenge of determining how FDA can most Dr. von Eschenbach would provide the serves. It is what the agency deserves. effectively conduct postmarket surveillance vital leadership that is needed at the FDA. And it is what the American people de- to assure the safety and effectiveness of ap- Moreover, his diverse background as a physi- proved products is an issue that needs strong serve. cian, educator and advocate will be a tre- leadership from the top. The continuing mendous asset to the Agency and to the Na- The PRESIDING OFFICER. The Sen- challenges of food safety and preparation for tion, for he can view the Agency’s mission ator from Wyoming. a pandemic or bioterrorist attack need a from many different perspectives and help to Mr. ENZI. Mr. President, I thank the strong FDA voice. foster the collaboration that is so important Senator from Utah for his delightful Omeris members, Ohio’s bioscience compa- to advancing medical science and quality comments. He speaks so clearly and ex- nies, help revitalize our state’s economy health care. plains things so well. I know of his con- while developing critical tools, treatments, The ALS Association is pleased to offer our and technologies that benefit the world. tacts with Dr. Von Eschenbach. I hope strong support for this nomination and again Omeris is a focal point for the bioscience and urge the Committee and the Senate to sup- people will follow his advice and vote biotechnology community, providing net- port Dr. von Eschenbach as the next Com- for cloture. working and educational events, continually missioner of the Food and Drug Administra- Dr. Von Eschenbach’s qualifications developing web-based resources, addressing tion. are excellent. He is supported by many public policy, and analyzing resource and Sincerely, organizations. We had received a num- funding issues. STEVE GIBSON, ber of letters in support of his nomina- We respectfully urge you to support Dr. Vice President, tion prior to his confirmation hearing. von Eschenbach’s prompt confirmation. Government Relations and Public Affairs. Thank you for considering this request. Those were duly entered in the hearing Sincerely, record. However, since then we have re- CANCER CURE COALITION, ANTHONY J. DENNIS, Palm Beach Gardens, FL, August 25, 2006. ceived additional letters of support. President & CEO. Senator MICHAEL B. ENZI, I ask unanimous consent that those Chairman, U.S. Senate Committee on Health, letters be printed in the RECORD. NEW YORK STATE Education, Labor and Pensions, Wash- There being no objection, the mate- CANCER PROGRAMS ASSOCIATION, INC., ington, DC. rial was ordered to be printed in the Buffalo, NY, August 3, 2006. DEAR SENATOR ENZI: The Cancer Cure Coa- To: Senate Health, Education, Labor and RECORD, as follows: lition is supporting the nomination of Dr. Pensions Committee. Andrew VonEschenbach as commissioner of OMERIS, From: Dr. Edwin A. Mirand, Secretary- the U.S. Food and Drug Administration and Columbus, OH, August 2, 2006. Treasurer, NYSCPA. we have today issued a press release an- Hon. MICHAEL B. ENZI, Subject: Nomination of Dr. Andrew von nouncing our support. Attached is a letter Chairman, Committee on Health, Education, Eschenbach as Permanent Commissioner from the coalition to Dr. VonEschenbach Labor and Pensions, Dirksen Senate Office of Food and Drug Administration. which gives the reasons for our support. Building, Washington, DC. The New York State Cancer Program Asso- The Cancer Cure Coalition supports Hon. EDWARD M. KENNEDY, ciation, Inc. supports the nomination by changes at the FDA which will improve Ranking Member, Committee on Health, Edu- President Bush as permanent Commissioner its operation. We believe the appointment cation, Labor and Pensions, Russell Senate of Food and Drug Administration (FDA) Dr. of Dr. VonEschenbach will lead to that Office Building, Washington, DC. Andrew von Eschenbach. result. If it would help your committee in DEAR CHAIRMAN ENZI: On behalf of Omeris, Dr. von Eschenbach’s experience as a re- its decision on Dr. VonEschenbach’s appoint- Ohio’s bioscience membership and develop- searcher and physician will provide the FDA ment I would be pleased to appear before ment organization, and our member compa- with a better focus to confront the chal- the committee to testify. My bio appears nies, I am writing in support of the nomina- lenges and new opportunities facing the on the Cancer Cure Coalition’s website

VerDate Aug 31 2005 06:39 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G07DE6.030 S07DEPT1 hmoore on PROD1PC68 with HMSENATE December 7, 2006 CONGRESSIONAL RECORD — SENATE S11411 www.cancercurecoalition.org and I am at- The yeas and nays are mandatory I do want to mention the staff person taching a copy of it for you to review. under the rule. who has directed my health issues. Ste- If you need any further information please The clerk will call the roll. phen Northrup is on the floor, and I feel free to contact me. The assistant legislative clerk called Sincerely, thank him particularly for all of the the roll. work on all of the health issues we CHARLES A. REINWALD, Mr. McCONNELL. The following Sen- President. have had. Anybody who has looked at ators were necessarily absent: the Sen- Mr. ENZI. Those letters are from the list of those we have done will find ator from Utah (Mr. HATCH) and the Omeris, Ohio’s bioscience membership it has been a very productive session in Senator from Alabama (Mr. SHELBY). the health area, and we are still work- and development organization; the New Mr. DURBIN. I announce that the York State Cancer Association; the ing on another half dozen issues that Senator from Delaware (Mr. BIDEN), could pass yet in this session before the ALS Association; the Cancer Cure Coa- the Senator from Vermont (Mr. JEF- lition, and there are others. These week ends. So I thank Stephen for all FORDS), and the Senator from Massa- of his tremendous help. I ask that peo- groups recognize the absolute necessity chusetts (Mr. KENNEDY) are necessarily of having a Senate-confirmed Commis- ple support the nomination of Dr. Von absent. Eschenbach. sioner of Food and Drugs. I understand I further announce that, if present some of my colleagues are not satis- Mr. President, I yield the floor. and voting, the Senator from Massa- The PRESIDING OFFICER. The Sen- fied. They seek to use this nomination chusetts (Mr. KENNEDY) would vote ator from Iowa is recognized. as leverage to accomplish some other ‘‘yea.’’ Mr. GRASSLEY. Mr. President, I agendas. That is something you can do The PRESIDING OFFICER (Mr. EN- spoke earlier this morning against clo- in the Senate. However, I urge them to SIGN). Are there any other Senators in ture. Cloture passed, which for the pub- consider the consequences of those ac- the Chamber desiring to vote? lic listening means there are 60 percent tions. In the upcoming year we face an The yeas and nays resulted—yeas 89, or more in support of stopping debate, exceptionally full agenda with respect nays 6, as follows: and there is under the rules the possi- to the FDA. We need this man in place. [Rollcall Vote No. 273 Ex.] bility of 30 hours of debate. I don’t in- This man could work anywhere in YEAS—89 tend to probably speak for more than a America, probably anywhere in the Akaka Dole McCain half hour, so if anybody is interested in world, and do much better than what Alexander Domenici McConnell how long postcloture debate might go Allard Dorgan Menendez we are offering. on, it won’t go on very long from my I appreciate his sense of wanting to Allen Durbin Mikulski Bayh Ensign point of view. But I do want to take give back. He is a three-time cancer Murkowski Bennett Enzi Murray some time to tell people, even though survivor and understands a lot about Bingaman Feingold Nelson (FL) it is quite obvious this nominee will be food and drugs outside of being a doc- Bond Feinstein Nelson (NE) Boxer Frist approved, why I think he should not be tor. Obama Brownback Graham Pryor approved. I ask my colleagues to join me in get- Bunning Gregg Reed I placed a hold on this nominee for Burns Hagel ting cloture so that we can get the con- Reid Burr Harkin quite a few weeks. That hold obviously firmation accomplished. Roberts Byrd Hutchison was ignored by the leader when he filed I yield back the remainder of our Rockefeller Cantwell Inhofe cloture, which is his right to do. I time. Salazar Carper Inouye voted against cloture because I take The PRESIDING OFFICER. Who Chafee Isakson Sarbanes Schumer seeks time? Chambliss Johnson my constitutional duty to conduct Clinton Kerry Sessions oversight of the executive branch of Mr. ENZI. It is my understanding Smith Coburn Kohl Government very seriously, and I think that the previous speakers did yield Cochran Kyl Snowe their time back. So all time is yielded Coleman Landrieu Specter the nominee is standing in the way of back. Collins Lautenberg Stabenow Congress doing its oversight of the Conrad Leahy Stevens agency of which he is now Acting Di- CLOTURE MOTION Sununu Cornyn Levin rector and will probably soon be the The PRESIDING OFFICER. If all Craig Lieberman Talent time is yielded back, under the pre- Crapo Lincoln Thomas confirmed Director. That sort of lack Dayton Lott Thune vious order, pursuant to rule XXII, the of cooperation violates the separation DeMint Lugar Warner of powers and the checks and balances clerk will report the motion to invoke Dodd Martinez Wyden cloture. within our constitutional system. NAYS—6 I hope my colleagues know that I The assistant legislative clerk read Baucus Grassley Vitter take a great deal of time to make sure as follows: DeWine Santorum Voinovich that we do both jobs we have the re- CLOTURE MOTION NOT VOTING—5 sponsibility to do here in the Congress. We the undersigned Senators, in accord- One is to pass laws. But the one we are ance with the provisions of rule XXII of the Biden Jeffords Shelby Hatch Kennedy Standing Rules of the Senate, do hereby never taught much about in political move to bring to a close debate on Executive The PRESIDING OFFICER. On this science classes is the constitutional job Calendar No. 907, the nomination of Andrew vote, the yeas are 89, the nays are 6. of oversight, which is the responsi- von Eschenbach, of Texas, to be Commis- Three-fifths of the Senators duly cho- bility to make sure the laws are faith- sioner of Food and Drugs, Department of sen and sworn having voted in the af- fully executed and money is being Health and Human Services. firmative, the motion is agreed to. spent according to congressional in- William H. Frist, Michael B. Enzi, Rich- Mr. ENZI. Mr. President, I thank the tent, and the overseeing of the admin- ard Burr, Thad Cochran, George V. Chamber for allowing us to do the clo- istrative branch of Government. So I Voinovich, Robert F. Bennett, Tom Coburn, Norm Coleman, Conrad R. ture vote. With the strong support take a great deal of my time in the Burns, Jon Kyl, Pat Roberts, Mel Mar- shown by the cloture vote, I would Senate trying to make Government tinez, John Ensign, Lamar Alexander, highly recommend that we get this work not just by passing laws but by Elizabeth Dole, Christopher Bond, John man confirmed so he can actually have making sure they are faithfully exe- Cornyn. the opportunity to do the kinds of cuted. I don’t do that all by myself as The PRESIDING OFFICER. By unan- things that have been expected of him a single Senator. I have good staff. I imous consent, the mandatory quorum in the debate we have had. I also thank charge my staff to conduct oversight call has been waived. Senator KENNEDY for his tremendous rigorously and to investigate any areas The question is, Is it the sense of the help. We have had a number of meet- where the Federal Government is fail- Senate that debate on Executive Cal- ings, a number of hearings. This is the ing to be transparent, accountable, and endar No. 907, the nomination of an An- second confirmation of an FDA Direc- effective. Transparency is so impor- drew von Eschenbach, of Texas, to be tor we have worked on. It will be nice tant, because the public’s business, Commissioner of Food and Drugs, De- to have somebody actually in the posi- which is everything about the Federal partment of Health and Human Serv- tion, but I do thank Senator KENNEDY Government, ought to be public. If the ices, shall be brought to a close? and all of his staff. work of the executive branch fails the

VerDate Aug 31 2005 06:39 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\A07DE6.005 S07DEPT1 hmoore on PROD1PC68 with HMSENATE S11412 CONGRESSIONAL RECORD — SENATE December 7, 2006 sniff test and the law is not being ever a hint from the nominee himself lations and how they look to the pub- faithfully executed or the public’s busi- that once approved, he would be able to lic-at-large than what their job is. ness is not being made public, that is give us all of these documents. I use That is when they end up getting egg when it is my constitutional responsi- this chart as an example: You get an on their face, when they are more con- bility to blow the whistle. answer to a request and you get 57 cerned about their public relations Quite frankly, I don’t want to take pages removed. Another chart I had up than just doing the job. In most in- credit for what I am able to blow the here showed 43 pages were removed. stances, if these agencies do what they whistle on, because there are a lot of And what is in those pages? Who knows are supposed to do, things get done and good, patriotic employees in the execu- what is in them. We don’t even know get done effectively, and then the pub- tive branch of Government who also why they were removed, and we don’t lic relations takes care of itself. Good know it is their constitutional respon- know who made the decision to remove policy, good administering of law, is sibility to execute the laws and spend them. good public relations. It will take care the money right. When they see it isn’t That is cooperation with Congress? of itself. happening, and particularly when they Not once, I say to Senator ENZI, did he I met with this nominee after the go up the chain of command and don’t ever tell me or my staff or people who White House sent his nomination to get results, or when taxpayers monies are working for him that if we could the Senate last March. I hoped he are being wasted and it seems nobody get this confirmation over, we will be would provide the kind of strong, per- cares, then they exercise the right they able to satisfy what you want done. So manent leadership this agency needs to have under laws to blow the whistle to I don’t see anything better, with a vote change its culture, where scientists are Members of Congress. of approval by the Senate, of coopera- intimidated from doing their work. So we obviously count on whistle- tion with us than before. Over the next 9 months, this nominee blowers—in other words, patriotic Fed- But he wasn’t well-served by those showed me that he is unlikely to pro- eral employees—who report something who counseled him. He should know vide that kind of leadership. My belief wrong when people above them don’t that during my years in the Senate, is what you see is what you get. I fear care. They care enough to come to us my investigators have obtained access what we will get from this nominee is and give us a lot of good information. to every single one of these categories what we got from him where he is now So today I am blowing the whistle on of so-called confidential information. as the Acting Commissioner. Let me this nominee. In good conscience, I did His answer is at odds with my belief tell you why, with just a few examples. put a hold on the nominee, and I will that congressional oversight is one of First, the doctor failed to live up to not vote in favor of him for the reasons the best ways to shake things up at a his word. In our meeting, he said he re- I have given before and reasons that government agency and expose the spected and understood the important will be more spelled out now. A vote truth. The truth will make Govern- role Congress plays as an equal branch for this nominee would be an endorse- ment look better, or if the truth of Government. But it didn’t take long ment of the stonewalling, but, more doesn’t make Government look better, after that meeting before the first red importantly, the disrespect for Con- at least you are being candid with the flags appeared. gress he has shown by not cooperating American people. Besides, it is the In April, the committee began its in- with congressional oversight. I can say public’s business, and whether it is vestigation of the Food and Drug this not only because of his actions but good news or bad news, it ought to be Administrations’s approval and because of his words which are on the public. postmarket surveillance of the Ketek record. Dr. Von Eschenbach’s answers hap- drug, an antibiotic that came under re- In response to a nomination question pen to be at odds with my belief that newed scrutiny last January. It looks in which I asked this nominee if he congressional oversight is one of the as though it is another drug where the would cooperate with congressional best ways to get to the bottom of FDA was caught flatfooted. The Fi- oversight, Dr. Von Eschenbach identi- things. This is true not just of the nance Committee issued two subpoenas fied a number of ‘‘executive branch in- FDA; it is true of any Government in May after the FDA refused to pro- terests’’ as a basis for not complying agency. If an agency is not doing the vide documents related to Ketek. I re- with congressional requests, including right thing, typically behind it there is ferred to a family in Cedar Rapids, IA, ‘‘matters pending before the agency.’’ an effort to keep information sup- who lost an 18-year-old son. And ‘‘predecisional deliberative process pressed, an effort to keep people from During this time, the Food and Drug information,’’ and ‘‘open investigation doing what they think ought to be Administration also refused access to information.’’ You get this sort of done, an effort to keep people from Food and Drug Administration offi- gobbledegook as excuses for not giving doing what their job requires them to cials. The Finance Committee was information to Congress as they prom- do, or to not let them put out that in- forced to issue a subpoena to a special ised to do but, outside of that, that the formation. The muzzling of dissent and agent in the FDA’s Office of Criminal Constitution requires they do; that is if information is too common throughout Investigation. The FDA refused to you believe in the checks and balances our Government. Things that should be allow my staff to speak to this Federal of our Government and if you believe it transparent in Government simply are employee, citing a policy against pro- is backed up by Supreme Court deci- not. And under Dr. Von Eschenbach, viding access to line agents. Yet, only sions. It seems to me it has a good the FDA has not only avoided trans- months before, just a few weeks before basis. parency, it also has threatened those that, my staff interviewed two line This nominee was not well-served by who are trying to desperately expose agents from the Food and Drug Admin- whoever counseled him on these mat- the truth. istration on another case. What rule ters. He should know that during my That is not just under Dr. Von was in place when I interviewed them, years in the Senate, my investigators Eschenbach. For years before him, but a few weeks later you couldn’t have obtained access to every single there has been intense pressure interview another? Apparently, the one of these categories of so-called con- brought to bear upon scientists who policy was abruptly changed. I have fidential information. I would say to want to do the scientific process. I say seen it change over the years with the distinguished chairman of the ‘‘do the scientific process’’ because the other investigations. This policy is not HELP Committee who is watching over scientific process answers itself or law, and it is typically enforced when this nomination process—confirmation gives the answer. That is what we the stakes are at their highest and process—he said to me before the vote want: answers on safety and efficacy of there is something to hide. on cloture it would help if we got Dr. drugs. I took this matter seriously enough Von Eschenbach approved because now There is a culture there—even prior that I went to the Department of he is an acting and maybe he can’t do to Dr. Von Eschenbach, for any serious Health and Human Services to meet all the things that he can do as Direc- Director who wants to change it—that with this agent. I was told that if this tor, and that may be true. But not once is going to make it very difficult to agent wanted to speak to me, he would in my discussions or my staffs’ discus- change because you have an agency have to assert his status as a whistle- sions with people at FDA was there that is more interested in its public re- blower under Federal law. I ask today

VerDate Aug 31 2005 06:39 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G07DE6.011 S07DEPT1 hmoore on PROD1PC68 with HMSENATE December 7, 2006 CONGRESSIONAL RECORD — SENATE S11413 what I asked that day: Why does this Again, two copies of the same docu- Leaders of an agency should not hold Government employee have to become ment were redacted differently. Think a meeting to suggest that dissenters a whistleblower to talk to me or any- of this. They want to keep us from get- will be kicked off the team, particu- body else in Congress if the public’s ting information. They send us two larly when the lives of American peo- business is really public? copies. One copy has one sentence re- ple are at stake, when drugs are going So I have to ask my colleagues, is dacted, and the other copy doesn’t re- to be put on the line and they might that acceptable? When you are doing dact that sentence but redacts another not be safe. I can refer to the death of your constitutional responsibility of sentence. So we got the whole docu- an 18-year-old in Cedar Rapids, IA. His oversight, is it acceptable to the rest of ment but presumably a basis for things is the type of action that shows the you in the Senate that they thumb we were not supposed to know but now true stripes of the nominee. He broke their noses? we know. Do you think this guy with a his word that he respected whistle- Also, this Government employee’s su- medical degree, with this sort of back- blowers—that is what he told me; quite pervisors put him in a no-win situa- ground, is going to go in and change obviously he doesn’t respect whistle- tion, and because of that he risked that culture even if there was nothing blowers—and that he would never raise being in contempt of Congress. This is wrong with him? Even if he cooperated even the appearances of retaliation. If an agent who put a doctor in jail for with me? So it calls into question the this meeting isn’t an example of retal- fraud in the Ketek study. good-faith basis for redaction at all. iation, I don’t know what it is. When it You understand, I said this started I could go on and on with examples comes to health care and public safety, back in January with Ketek and our showing the stonewalling and the with- we need to empower whistleblowers getting involved in the oversight. holding of information from legitimate more than ever. They demonstrate ex- There was fraud in this Ketek study. congressional requests, pursuing our traordinary courage in the face of ex- Did the agent do the right thing? It is constitutional responsibility of over- traordinary adversity. It is extremely a closed case. We want to talk to him sight. What it boils down to is that this difficult to be a whistleblower. As I about the closed case, and the Food nominee has demonstrated he does not like to say, they are about as welcome and Drug Administration says no. So I understand that Government truly is as a skunk at a picnic. Yet it is whis- have to ask, what does the FDA have the people’s business. He doesn’t seem tleblowers in Government who put to hide or cover up? to understand that the people who fi- their job security on the line to come There are enough instances of polit- nance it, the taxpayers, have a right to forward and expose fraud or wrong- ical leaders and public servants being know what their Government is doing doing for the public good. My Finance ruined by coverup. Can’t lessons be and how their money is being spent. Committee staff has been investigating learned, that when, in this town, two I will give one final example. I have serious allegations raised by whistle- people know something about it, it is been a longtime champion of whistle- blowers at the FDA on various issues no longer a secret? blowers. I was the lead Senate sponsor over a period of 3 years. Many of these Under this Acting Commissioner, the of the 1986 whistleblower amendments allegations are very serious and call Food and Drug Administration has also to the False Claims Act. Back then, we into question whether the Food and attempted to hide and cover up docu- were interested in dismantling a too- Drug Administration is fulfilling its ments. The Finance Committee has re- cozy relationship between defense con- mission to protect the health and safe- ceived hundreds of pages that say, as I tractors and the Pentagon. Today, ty of Americans. The way the Food and indicate here, ‘‘57 pages removed.’’ whistleblowers are once again the key Drug Administration under this nomi- There is another poster behind it that to dismantling the cozy relationship nee has handled the investigation of looks exactly the same: ‘‘43 pages re- between some drug companies and the Ketek shows the agency would like to moved.’’ Other documents have whole Food and Drug Administration. keep its business secret. It doesn’t pages, paragraphs, or sentences re- In June, Dr. Von Eschenbach held a want these issues made public or sub- dacted, with no explanation as to why. meeting of FDA staff involving this jected to scrutiny. The culture at the Sometimes documents are marked ‘‘re- drug I have been investigating, ques- FDA has been we will let the public dacted.’’ Other times they are not tioning how it was handled—Ketek. know what we think they need to marked, even when it is evident that FDA employees who were present say know. information is missing. There is no ex- that he used a lot of sports metaphors The American people do not want the planation for what documents have regarding being a ‘‘team player’’ and government making decisions about been withheld or redacted. It is incom- keeping opinions ‘‘inside the locker what is good for them behind closed prehensible, and it looks like the work room.’’ Basically, he said to not criti- doors. of the Keystone Cops rather than an cize the FDA outside the locker room, The goal of the Finance Committee’s agency responsible to the American ‘‘outside the locker room’’ being his oversight has been straightforward. As public for the safety of drugs and de- words. Apparently he stated that any- chairman, I wanted to bring out in the vices and the efficacy of drugs and de- one who spoke outside the locker room open the decisions made by the FDA. vices. might find themselves ‘‘off the team.’’ For too long the agency has been mak- One of the Food and Drug Adminis- How are you going to do your job of ing its decisions behind closed doors. tration’s most incompetent and absurd congressional oversight if you have This nominee is not likely to serve moments was when it sent one of my somebody you are getting confirmed well because he just does not seem to own request letters back to me with in- who says that if you want to talk to get it. He has placed media relations formation redacted out of it. Let’s get anybody, they better not talk to you, over the mission of the FDA. First and this clear. You folks are defending a at least not talk off note, because they foremost, he is supposed to do the right person who is running an agency from are no longer on the team? Just think thing on behalf of Americans. Dr. Von which I asked for information and they of the intimidation that brings Eschenbach has other interests to redacted the letter I sent to them. The throughout the Federal bureaucracy. serve and they are not always the in- letter I wrote came back as part of the This nominee held this meeting in terests of John Q. Public. information. Does that meet the com- the midst of this ongoing congressional I hear from time to time from other monsense test? Does that meet the test investigation of this drug Ketek. He agencies that particular documents are of competency? called the meeting after a number of especially sensitive or that the release Recently, I wrote Secretary Leavitt critical reports in the media about the of certain documents could jeopardize and Attorney General Gonzales to ex- FDA’s handling of Ketek. A number of a criminal investigation—I understand plain the basis for some of these FDA employees interviewed by the that. But in those circumstances, I redactions. I don’t know whether you committee were offended by his com- have reached accommodations. Unfor- call a blank page a redaction because ments, found them highly question- tunately, in this case, my efforts to you don’t know what has been there to able, inappropriate, and potentially work with Dr. Von Eschenbach and his redact, but obviously there is no infor- threatening. I don’t think there was subordinates have been all but sum- mation on a blank page unless it is any ‘‘potential’’ about it, they were marily dismissed. about the competency of the people meant to be threatening, and I agree As I am sure you know, I intend to who work within the agency. with the employees. keep pressing the FDA for greater

VerDate Aug 31 2005 06:39 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G07DE6.013 S07DEPT1 hmoore on PROD1PC68 with HMSENATE S11414 CONGRESSIONAL RECORD — SENATE December 7, 2006 transparency and openness. I think joining this elite team and nearly cially in those areas that require con- there is going to be new leadership in broke the yearly record of 283 when he centrated hand labor, whether it was the Congress which is going to be even made 270 arrests in 2005. Officer Jordan Florida, California, and the great San more aggressive and has a history of was honored in 2004 by the Mothers Joaquin Valley of California, whether being more aggressive in this area. I Against Drunk Drivers for his dedica- it was my State of Idaho that began to have been welcoming and I continue to tion to enforcing DUI laws. see labor shortages in a variety of welcome that sort of help. Officer Kenneth Jordan was a brother areas, whether it was Washington or As I continue with my constitutional and a son. He is survived by his sister, Oregon, where many of the fresh fruits duties to conduct oversight, I look for- his loving parents and his girlfriend. and vegetable crops simply did not get ward to working with my colleagues to Kenneth was well liked by his peers picked and apples rotted on the trees, ensure transparency, accountability, and others with whom he came in con- whether it was in Kentucky, Illinois, and effective governance by the execu- tact. He was always willing to lend a Colorado or Michigan, it became so ob- tive branch. The bottom line is Con- hand to friend or a stranger alike. vious this Congress, in its effort to pass gress needs to stay committed to over- The city of Colorado Springs has lost comprehensive immigration reform, sight of the executive branch. The pub- a valuable member of its community, simply failed to do so. America grew lic depends on Congress to fulfill its and we are all forever grateful for Offi- angry about it, grew angry about the duty and hold executive agency leader- cer Kenneth Jordan’s service and dedi- number of illegals in our country and ship accountable. To sum up, that is cation to the safety and well-being of the fact this Congress did little or what congressional oversight is all others. His service to the city of Colo- nothing about it. about. rado Springs is highly commendable, A great deal is going on. One of the I yield the floor. and his contributions will be remem- reasons the labor shortages began to The PRESIDING OFFICER. The Sen- bered. appear is because this Congress in- ator from Colorado. I extend my deepest sympathy to the sisted, and the administration agreed, Mr. ALLARD. Mr. President, I ask family of Officer Kenneth Jordan. May we put money behind the securing and unanimous consent to speak as if in his bravery and unwavering sense of the closing of our southwest border morning business. duty serve as a role model for the fu- where literally a million-plus people The PRESIDING OFFICER. Without ture generation of law officers. Thank were moving across annually into our objection, the Senator is recognized. you for your service, Officer Jordan. labor market. TRIBUTE TO KENNETH JORDAN Rest in peace, Sir. We viewed that as untenable and ir- Mr. ALLARD. Mr. President, I rise I yield the floor. responsible for a great nation to fail to today to honor the service and sacrifice I suggest the absence of a quorum. control and secure its borders. We are of Colorado Springs police officer Ken- The PRESIDING OFFICER. The doing that now. We are continuing to neth Jordan. clerk will call the roll. invest and will continue to invest in a My wife Joan and I were deeply sad- The legislative clerk proceeded to secured border environment. But in dened to hear of the senseless death of call the roll. doing that, and failing to couple with a Officer Kenneth Jordan while in the Mr. CRAIG. Mr. President, I ask more secure border a comprehensive line of duty this past Tuesday in Colo- unanimous consent that the order for immigration reform package that al- rado Springs, CO, during a traffic stop. the quorum call be dispensed with. lows a real, honest, legal, fair guest It takes a person of great courage to The PRESIDING OFFICER. Without worker program, American agriculture become an officer of the law. It takes a objection, it is so ordered. now hurts as they have never hurt be- strong, hardworking, and considerate ORDER OF PROCEDURE fore. individual. It takes a special someone Mr. CRAIG. Mr. President, I ask On December 4, all of my colleagues who is willing to pay the ultimate unanimous consent that myself, the received a letter that in itself was al- price in protecting the safety of others. Senator from Idaho, and the Senator most unprecedented, a letter from over Officer Kenneth Jordan was just this from California, Senator FEINSTEIN, be 400 agricultural groups around the person. Unfortunately, Officer Kenneth allowed to speak as if in morning busi- country—not just agricultural groups Jordan paid the ultimate price. ness for the next 30 minutes. but nursery groups, warehouse groups, Officer Kenneth Jordan was the 12th The PRESIDING OFFICER. Is there storage groups, all of them generally Colorado Springs police officer to be objection? agriculture related. killed in the line of duty. According to Without objection, it is so ordered. I ask unanimous consent to have the National Law Enforcement Officers LABOR SHORTAGE that printed in the RECORD. Memorial Fund, more than 17,500 offi- Mr. CRAIG. Mr. President, the Sen- There being no objection, the mate- cers have been killed nationwide since ator from California, Senator FEIN- rial was ordered to be printed in the 1792, including 231 in Colorado. STEIN, will be here in a few moments to RECORD, as follows: The shock to the city of Colorado join me in what we believe is an impor- DECEMBER 4, 2006. Springs this week at his death is espe- tant message, to continue to speak not Hon. LARRY CRAIG, cially harsh—Kenneth Jordan was the only to our colleagues here in the Sen- U.S. Senate, second Colorado Springs officer to be ate but to America as a whole. It is a Washington, DC. killed this year. Officer Jared Jensen speech not unlike the one we gave be- DEAR SENATOR CRAIG: The organizations on the attached list urge you to support passage made the ultimate sacrifice last Feb- fore we recessed for the break before of a comprehensive agricultural worker pro- ruary. The memorial service for officer the election, when it was becoming in- gram this year! Kenneth Jordan held at 1 p.m. Monday creasingly obvious that America was You’ve read the headlines. Food grown for at New Life Church will be a grim re- finding itself in a major labor shortage, American tables has rotted in American peat of the day 10 months ago when Of- primarily in agriculture and some of fields this year. The cause? In this case it’s ficer Jensen was laid to rest. Before Of- the service industries. In fact, while I not the weather. It’s something the Congress ficer Jensen Colorado Springs police was home during this recess period of can address—labor. We need agricultural had not held a funeral for one of their time, the shortage of orange juice in worker reform before the end of the 109th Congress. own in 24 years. the U.S. market made national news as The facts are clear: on many American A Chicago native at 32 years of age, the price went up substantially. farms, immigrant labor plants, tends and Kenneth Jordan joined the Colorado A shortage of orange juice today in picks the fruits, vegetables, and other crops. Springs Police Department in January the American market is because nearly Immigrant workers tend the livestock—feed- 2000 and was known for his unwavering a million cases of oranges rotted on the ing the chickens, turkeys, horses, sheep, professionalism and strong work ethic. trees of Florida this fall, late summer, hogs and cattle and milking the cows. Immi- In February 2004, Officer Kenneth Jor- because there were not hands to pick grant workers also produce, install, and maintain the plants that make our homes, dan became a DUI officer, whose pas- them, put them in the crates, and move towns, and cities livable. sion was getting drunk drivers off the them to the processing sheds. That be- The current agricultural temporary work- road. According to his colleagues, Offi- came painfully obvious across America er program—known as H2A is flawed and cer Jordan made 584 DUI arrests since as the harvest season went on, espe- needs reform. There is no area of the country

VerDate Aug 31 2005 06:39 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G07DE6.015 S07DEPT1 hmoore on PROD1PC68 with HMSENATE December 7, 2006 CONGRESSIONAL RECORD — SENATE S11415 where H2A workers make up more than 10 Farm Credit Associations; Northern Mitch Bagdasarian, Grape and Tree percent of the necessary farm workforce. In Plains Potato Growers Association; Fruit Grower (CA); Anthony Balakian, most areas, it’s far less than that. Nation- Northwest Farm Credit Services; Fruit Patch, Inc. (CA); Stephen J. Bar- ally, only two percent of farm workers are Northwest Horticultural Council; Nurs- nard, Mission Produce, Inc. (CA); provided by the unresponsive and litigation- ery & Landscape Association Execu- Charanjit Batth, Raisin & Almond plagued H2A program. American agriculture tives of North America; OFA—An Asso- Grower (CA). needs a reformed H2A program that is time- ciation of Floriculture Professionals; Doug Benik, Grape Grower (CA); Bobby ly, effective and streamlined, and a transi- Pacific Northwest Christmas Tree As- Bianco, Anthony Vineyards, Inc. (CA); tion approach that allows for retaining the sociation; Perennial Plant Association; Pete Binz, Raisin Grower (CA); Stephen experienced workforce while capacity is Produce Marketing Association. Biswell, Mt. Campbell Development built on the farm and at the border to sup- Society of American Florists; South East (CA); Bill Boos, Grape, Tree Fruit and port wider use of a program like reformed Dairy Farmers Association; Southern Citrus Grower (CA); Nicholas Bozick, H2A. Christmas Tree Association; Southern R. Bagdasarian, Inc. (CA); Wayne Language that seeks to address the chal- Nursery Association (AL, DE, FL, GA, Brandt, Brandt Farms, Inc. (CA); Rod lenges specific to agriculture was included in KY, LA, MD, MI, MO, OK, NC, SC, TN, Burkett, Olive Grower (CA); Tony the bill passed with a bipartisan majority in TX, VA, WV); Turfgrass Producers Campos, Diversified Grower (CA); the Senate. Many House members of both International; United Agribusiness Anton Caratan, Anton Caratan & Sons parties have acknowledged the need to ad- League; United Egg Producers; United (CA); Chris Caratan, M. Caratan, Inc. dress immigration reform for agriculture. Fresh Produce Association; U.S. Apple (CA); Blake Carlson, Tree Fruit and Polls show the American people overwhelm- Association; Western Growers; Western Grape Grower (CA); Kirk Cerniglia, ingly favor a common-sense approach to im- Plant Health Association; Western Royal Madera Vineyards (CA); Bill migration reform including sensible foreign United Dairymen; Wholesale Nursery Chandler, Grape & Almond Grower worker programs and earned legal status Growers of America; WineAmerica; (CA); Micheal Conroy, Conroy Farms, subject to strict conditions for workers cur- Wine Institute; Alabama Nursery & Inc. (CA); Allan Corrin, Corrin Farming rently in the country. Landscape Association; Alabama Wa- (CA); Stanley Cosart, W.F. Cosart Another fact we must point out, at this termelon Association; Arizona Nursery Packing Co. (CA); Verne Crookshanks, late date in the year, is that agriculture Association; Pasquinelli Produce Co., Venida Packing, Inc. (CA); Anthony issues are rarely partisan issues. While they Yuma, AZ; Arkansas Green Industry Cubre, Sr., Grape Grower (CA); Frank are sometimes regional, in this case every Association. Dalena, Poultry and Vegetable Grower area of the country is affected by agricul- Allied Grape Growers (CA); Brand Flow- (CA). tural labor shortages and support for a com- ers Inc, Wilja Happe, Owner (CA); Cali- Jerry Dibuduo, Ballantine Produce Co., mon-sense solution comes from every region fornia-Arizona Watermelon Associa- Inc. (CA); Maurice Dibuduo, Grape of the country as well. tion; California Association; of Nurs- Grower (CA); Nat Dibuduo, Jr., Allied Reports in the media have told the story eries and Garden Centers; California Grape Growers (CA); John Diepersloot, this harvest season: not enough workers to Association of Wheat Growers; Cali- Tree Fruit Grower (CA); Tony pick the apples in New York and Washington fornia Association of Winegrape Grow- Domingos, Grape Grower (CA); Edge or the cherries in Oregon and Michigan or ers; California Avocado Commission; Dostal, Chiquita Fresh North America the oranges in Florida. One major daily California Bean Shippers Association; (CA); Dan Dreyer, Olive Grower (CA); newspaper showed on its front page a mas- California Canning Peach Association; Russel Efird, Diversified Grower (CA); sive pile of pears on the ground in Cali- California Citrus Mutual; California Richard Elliot, David J. Elliot & Sons fornia—rejected by the packing house be- Cotton Ginners & Growers Associa- (CA); Ken Enns, Enns Packing Co., Inc. cause they were picked too late due to labor tions; California Dairies, Inc.; Cali- (CA); Dan Errotabere, Diversified shortage. Worker shortages have been re- fornia Egg Industry Association; Cali- Grower (CA); Tony Fazio, Tri-Boro ported from coast to coast, from border to fornia Farm Bureau Federation; Cali- Fruit Co., Inc. (CA); Steve Ficklin, border. fornia Fig Advisory Board; California Grape Grower (CA); Ron Frauenheim, It is time for the Congress to act. After a Floral Council; California Grain and Frauenheim Farms (CA); George decade of debate and with worker shortages Feed Association; California Grape and Fujihara, Raisin Grower (CA); Fred now a reality, American agriculture needs Tree Fruit League; California League Garza, Farm Labor Contractor (CA); your help. of Food Processors; California Pear Micky George, George Bros., Inc. (CA); The sheer number and geographic represen- Growers Association. Dan Gerawan, Gerawan Farming, Inc. tation of the organizations on the attached California Seed Association; California (CA); Randy Giumarra, Guimarra Vine- list show the widespread and urgent need for State Floral Association; California yards Corporation (CA); Jim Hamilton, solving this problem. We urge you to support Strawberry Nurserymen’s Association; Nut Grower and Processor (CA). enactment of a comprehensive agricultural California Warehouse Association; John Harris, Feed Lot, Diversified Farm- worker program, this year! California Women for Agriculture; ing (CA); Mak Hase, Tree Fruit Grower Sincerely, Carol and Bill Chandler, Chandler (CA); Steve Hash, Steve Hash Farms Agriculture Coalition for Immigration Farms, LP (CA); Colab Imperial County (CA); Doug Hemly, Greene and Hemly, Reform; Agri-Mark, Inc.; Agri-Place- (CA); Family Winemakers of Cali- Inc. (CA); Phil Herbig, Enns Packing ment Services, Inc.; American Agri- fornia; Fresno County Farm Bureau Co., Inc. (CA); Leland Herman, Raisin Women; American Farm Bureau Fed- (CA); Grower-Shipper Association of Grower (CA); Phil Herman, Grape eration; American Farmland Trust; Central California; Imperial County Grower (CA); David Hoff, Raisin Grow- American Frozen Food Institute; Farm Bureau (CA); Imperial Valley er (CA); Allen Huebert, Grape and Tree American Horse Council; American Vegetable Growers Association (CA); Fruit Grower (CA); Tim Huebert, Tree Mushroom Institute; American Nurs- Kern County Farm Bureau (CA); Kings Fruit Grower (CA); Robert Ikemiya, Ito ery & Landscape Association; Amer- County Farm Bureau (CA); Lake Coun- Packing Company, Inc. (CA); Daniel ican Sheep Industry Association (ASI); ty Farm Bureau (CA); Lassen County Jackson, Tree Fruit Grower and Pack- The Council of Northeast Farmer Co- Nursery (CA); Madera County Farm er (CA); David Jackson, David Jackson operatives; Dairylea Cooperative Inc.; Bureau (CA); Merced County Farm Bu- Farms (CA); George Jackson, Tree Dairy Farmers of America; Farwest reau (CA); Monterey County Farm Bu- Fruit Grower (CA); Mike Jensen, Equipment Dealers Association; Fed- reau (CA); Napa County Farm Bureau Grape, Tree Fruit Grower and Packer eration of Employers and Workers of (CA). (CA); David Johnson, Citrus Grower America; Irrigation Association; Land- Olive Grower Council of California; Or- (CA); Steve Johnson, Johnson Or- scape Contractors Association; Na- ange County Farm Bureau (CA); Pa- chards, Inc. (CA); Brian Jones, Sun tional Association of State Depart- cific Coast Producers; Pacific Egg and Valley Packing (CA); Herb Kaprielian, ments of Agriculture; National Christ- Poultry Association (CA); Raisin Bar- KCC Holding LLC (CA); Alan mas Tree Association. gaining Association (CA); San Diego Kasparian, Grape Grower (CA). National Council of Agricultural Em- County Farm Bureau (CA); San Diego Aubrey Cairns, Kaweah Lemon Company ployers; National Council of Farmer County Flower & Plant Association; (CA); Pat Kurihara, Citrus, Tree Fruit Cooperatives; National Greenhouse San Joaquin County Farm Bureau and Grape Grower (CA); Paul Manufacturers Association; National (CA); Santa Barbara County Farm Bu- Lanfranco, Grape & Tree Fruit Grower Milk Producers Federation; National reau (CA); Santa Clara County Farm (CA); Ben Letizia, Grape and Tree Potato Council; National Watermelon Bureau (CA); Stanislaus County Farm Fruit Grower (CA); Jim Lloyd-Butler, Association; New England Apple Coun- Bureau (CA); Sun Maid Growers of James Lloyd-Butler Family Partner- cil; NISEI Farmers League; North California; Tulare County Farm Bu- ship (CA); Jerry Logoluso, Grape Grow- American Bramble Growers Associa- reau (CA); Ventura County Agricul- er (CA); Dave Loquaci, Grape Grower tion; North American Horticultural tural Association (CA); Yolo County (CA); Ronald Lund, Raisin Grower Supply Association; Northeast Dairy Farm Bureau (CA); Duane Abe, Tree (CA); Fred Machado, Dairy Farmer Producers Association; Northeast Fruit, Citrus, Vegetable Grower (CA); (CA); David Marguleas, Sun World

VerDate Aug 31 2005 06:39 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\A07DE6.010 S07DEPT1 hmoore on PROD1PC68 with HMSENATE S11416 CONGRESSIONAL RECORD — SENATE December 7, 2006 International, LLC (CA); Harold Landscape Association; Maryland- Produce (TX); Utah Nursery & Land- McClarty, Tree Fruit Grower and Delaware Watermelon Association; scape Association; St. Albans Coopera- Packer (CA); Mark Melkonian, Tree Massachusetts Nursery and Landscape tive Creamery (VT); Vermont Associa- Fruit and Dehydrator (CA); Richard Association, Inc.; Michigan Apple Com- tion of Professional Horticulturists Milton, Tree Fruit Grower (CA); Keith mittee; Michigan Christmas Tree Asso- (VAPH); Virginia Apple Growers Asso- Nilmeier, Tree Fruit Grower (CA); ciation; Michigan Farm Bureau Fed- ciation; Virginia Nursery & Landscape James Oliver, Grape and Tree Fruit eration; Michigan Green Industry Asso- Association; Virginia Green Industry Grower (CA); Louis Pandol, Pandol ciation; Michigan Horticultural Soci- Council; Virginia Christmas Tree Bros., Inc. (CA); Dennis Parnagian, ety; Michigan Nursery and Landscape Growers Association; Northern Vir- Fowler Packing Company, Inc. (CA); Association; Michigan Vegetable Coun- ginia Nursery & Landscape Associa- Justin Parnagian, Fowler Packing cil; WineMichigan; Minnesota Nursery tion; Southwest Virginia Nursery & Company, Inc. (CA); Ron Peters, Tree & Landscape Association; Mississippi Landscape Association; Independent Fruit Grower (CA); Scott Peters, Tree Nursery and Landscape Association; Food Processors Company (WA); Mt. Fruit, Citrus and Grape Grower (CA). Missouri-Arkansas Watermelon Asso- Adams Orchards Corporation (WA). Jerald Rebensdorf, Fresno Cooperative ciation; Montana Nursery & Landscape Underwood Fruit & Warehouse Company Raisin, Inc. (CA); Bob Reimer, Tree Association. (WA); Washington Association of Wine Fruit and Grape Grower (CA); Pat Nebraska Nursery & Landscape Associa- Grape Growers; Washington Bulb Co.; Ricchwti, Jr., Almond, Tree Fruit & tion; New Hampshire Farm Bureau; Washington Growers Clearinghouse; Grape Grower and Packer (CA); Cliff New Jersey Nursery & Landscape Asso- Washington Growers League; Wash- Rolland, Abe-el Produce (CA); Cliff ciation; Overdevest Nurseries (NJ); Ag- ington State Farm Bureau; Washington Sadoian, Sadoian Bros., Inc. (CA); ricultural Affiliates (NY); Cayuga Mar- State Nursery & Landscape Associa- Bobby Sano, Grape, Tree Fruit and Nut keting (NY); Farm Credit of Western tion; Washington State Potato Com- Grower (CA); Sark Sarabian, Sarabian New York; First Pioneer Farm Credit mission; Washington Wine Commis- Farms (CA); Tom Sasselli, Grape Grow- (NY); New York Agriculture Affiliates; sion; Commercial Flower Growers of er (CA); Tom Schultz, Chase National New York Apple Association; New York Wisconsin; Gardens Beautiful Garden Kiwi Farms (CA); Mike Scott, Raisin Farm Bureau; New York Horticulture Centers; Hartung Brothers Inc. (WI); Grower (CA); Andrew J. Scully, Philip Society; New York State Nursery & Lawns of Wisconsin Network; Wis- E. Scully, Toni M. Scully, Pear & Landscape Association; New York consin Christmas Tree Growers Asso- Packing (CA); Don Serimian, Tree State Vegetable Growers Association; ciation; Wisconsin Landscape Contrac- Fruit & Grape Grower and Packer (CA); PRO-FAC Cooperative, Inc. (NY); tors Association; Wisconsin Nursery Jim Simonian, Simonian Fruit Com- Torrey Farms Inc., NY; Upstate Farms Association; Wisconsin Sod Producers pany (CA); Dave Smith, Olive Grower Cooperative Inc. (NY); Yankee Farm Association. (CA); Brent Smittcamp, Wawona Pack- Credit (NY); Addis Cates Company ing Co., LLC. (CA); Kent Stephens, (NC); North Carolina Christmas Tree Mr. CRAIG. What did they say? They Marko Zaninovich, Inc. (CA); Ty Association. said it very clearly: a failure to reform Tavlan, Tree Fruit Grower and Packer North Carolina Commercial Flower the H–2A program has put American (CA); Dean Thonesen, Sunwest Fruit Growers’ Association; North Carolina agriculture in an untenable position. Company, Inc. (CA); Bill Tos, Tree Greenhouse Vegetable Growers Asso- As we bring in the numbers this winter Fruit Grower & Walnut and Packer ciation; North Carolina Farm Bureau; to do the harvest this summer and fall, (CA); Stan Tufts, Tufts Ranch LLC North Carolina Green Industry Coun- (CA). cil; North Carolina Muscadine Grape it is reasonable to predict the loss that Steve Volpe, Table Grape Grower and Association; North Carolina Nursery & the American consumers are now hear- Packer (CA); Eric Ward, Tree Fruit and Landscape Association; North Carolina ing about in bits and pieces through Nut Grower (CA); Chiles Wilson, All Potato Association; North Carolina the national news could well be equiva- State Packers, Inc. (CA); John D. Strawberry Association; North Caro- lent to $4 billion to $5 billion of actual Zaninovich, Zan Farms, Inc. (CA); Jon lina Vegetable Growers Association; value lost at the farm gate—meaning P. Zaninovich, Jasmine Vineyards, Inc. North Carolina Watermelon Associa- the produce did not leave the farm, it (CA); Marko S. Zaninovich, Marko tion; North Carolina Wine & Grape Zaninovich, Inc. (CA); Ryan Council; North Dakota Nursery and did not make it to the processor, it will Zaninovich, V. B. Zaninovich & Sons, Greenhouse Association; Ohio Farm never make it to the consumer’s shelf, Inc. (CA); Associated Landscape Con- Bureau Federation; Ohio Nursery and and American consumers will grow in- tractors of Colorado; Colorado Nursery Landscape Association; Oklahoma creasingly dependent upon foreign & Greenhouse Association; Colorado Greenhouse Growers Association; Okla- sources for their food supply. For a Potato Administrative Committee; homa Nursery & Landscape Associa- great nation like ours, that is not only Colorado Sugar Beet Growers Associa- tion; Hood River Grower-Shipper Asso- dangerous, it is foolish and irrespon- tion; Colorado Wine Industry Develop- ciation (OR); Oregon Association of ment Board; Bishops Orchards (CT); H. Nurseries; Oregon Wine Board; Wasco sible. F. Brown Inc. (CT); Connecticut Nurs- County Fruit & Produce League (OR). As we put American agriculture ery & Landscape Association; A. Duda Hollabaugh Bros., Inc. (PA); Pennsyl- through this difficult time by our fail- & Sons (FL); Florida Citrus Mutual; vania Landscape & Nursery Associa- ure to enact comprehensive immigra- Florida Citrus Packers; Florida Farm tion; State Horticultural Association tion reform, something else is going on Bureau Federation; Florida Fruit & of Pennsylvania; Rhode Island Nursery out there on the farm. Diesel costs, fer- Vegetable Association. & Landscape Association; South Caro- tilizer costs, equipment costs are at an Florida Grape Growers Association; Flor- lina Greenhouse Growers Association; all-time high. Of course, we know the ida Nursery, Growers & Landscape As- South Carolina Nursery & Landscape sociation; Florida Watermelon Associa- Association; South Carolina Water- general energy costs have increased at tion; Gulf Citrus Growers Association melon Association; South Dakota an unprecedented rate this year. Not (FL); Tampa Bay Wholesale Growers Nursery and Landscape Association; only do we have the impact of high (FL); Georgia Green Industry Associa- Tennessee Nursery & Landscape Asso- input costs in the production of Amer- tion; Georgia Milk Producers; Georgia ciation, Inc.; Lone Star Milk Producers ican agriculture and agricultural food- Watermelon Association; Winegrowers (TX); Plains Cotton Growers, Inc. (TX); stuffs, now there is nobody to pick the Association of Georgia; Environmental Select Milk Producers (TX); South crop. Care Association of Idaho; Idaho Apple Texas Cotton and Grain Association; I was in the upper San Joaquin Val- Commission; Idaho Cherry Commis- Texas Agricultural Cooperative Coun- sion; Idaho Grower Shippers Associa- cil; Texas Agri-Women; Texas Associa- ley late summer meeting with a group tion; Idaho Nursery & Landscape Asso- tion of Dairymen; Texas Cattle Feeders of agricultural people. One farmer said ciation; Idaho-Oregon Fruit and Vege- Association; Texas Citrus Mutual; it as clearly as it could ever be said. He table Association; Potato Growers of Texas Cotton Ginners Association; said: Senator CRAIG, if you can’t bring Idaho; Illinois Grape Growers and Vint- Texas Grain Sorghum Producers the workers to me or if you can’t make ners Association; Illinois Landscape Assocation. the workers available in the valley, I Contractors Association; Illinois Texas Nursery & Landscape Association; will have to go where the workers are. Nurserymen’s Association; Illinois Spe- Texas Poultry Federation and Affili- What did he mean by that? He meant cialty Growers Association. ates; Texas Produce Association; Texas he was leasing land in Argentina or Indiana-Illinois Watermelon Association; Produce Export Association; Texas- Indiana Nursery and Landscape Asso- Oklahoma Watermelon Association; Mexico or Brazil where the labor force ciation; Iowa Nursery & Landscape As- Texas Turfgrass Producers Association; is today. sociation; Farm Credit of Maine; Maine Texas Vegetable Association; Western What will happen to the land in the Potato Board; Maryland Nursery and Peanut Growers (TX); Winter Garden great San Joaquin Valley? It will go

VerDate Aug 31 2005 06:39 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\A07DE6.014 S07DEPT1 hmoore on PROD1PC68 with HMSENATE December 7, 2006 CONGRESSIONAL RECORD — SENATE S11417 fallow, or it will be put in homes. It they want to go back from where they May I proceed, Mr. President? will no longer be profitable to produce came. That is where their families are The PRESIDING OFFICER (Mr. in that greatest agricultural valley in in large part. That is where the Amer- GRAHAM). The Senator from California the world which produces the vegetable ican dollar improves their lifestyle, is recognized. crops and all of the other kinds of back in their hometowns, predomi- Mrs. FEINSTEIN. Mr. President, I crops the American consumer so read- nantly in Mexico but in other parts of thank the Senator from Idaho. I also ily needs, knows, and wants. the world as well. indicate how much I agree with the Last year, for the first time, by a If we fail to pass comprehensive re- Senator. near majority of months, America was form this year, American agriculture Before I proceed, I note that Senator consuming more from foreign import will go through another devastating MURRAY is in the Senate. I ask unani- than they were consuming from their year in the field, and real management mous consent she be given 10 minutes own production. That is something choices will be made, management directly following my remarks. that should never happen in the great- choices no longer to plant and grow in The PRESIDING OFFICER. Without est agricultural Nation in the world. the United States, no longer to put objection, it is so ordered. I think Americans get it. There was a fresh vegetable crops in the field in De- Mrs. FEINSTEIN. Mr. President, very loud group who distorted the cember to be harvested in February to Senator CRAIG rightly stated that man- whole debate. But they also taught us supply our great and abundant markets agement choices are being made right something important, that Govern- and the needs of our consumers. now. That, in fact, is true. We are see- ment had fumbled and Congress had This is a very real issue today and a ing billions of dollars of an agricul- failed in its responsible approach to a very real problem. That is why on De- tural industry effectively being de- comprehensive, enforceable, immigra- cember 4 this coalition sent to this stroyed. Some of it is competition from tion law. We ignored it for decades. In Congress an urgent message, a plea. It abroad, but much of it is the fact that ignoring it, great problems had oc- said: Please listen to us. Support and growers and farmers have a 20-per- curred. Not only did we have an un- pass comprehensive agricultural work- cent—it is estimated—labor shortage precedented number of undocumented er reform. Give us an H–2A program to plant, to harvest, to prune. There is illegal foreign nationals in our coun- that works. That is what we must ac- tremendous uncertainty, I can tell you try, but we had allowed industries such complish because even in all of our de- for a fact, in the largest State in the as agriculture to grow increasingly de- bates this is not going to happen over- Union, and the largest agricultural pendent on an illegal workforce. night. We won’t get to this for several State. Farmers do not believe they can Agriculture came to me in the late months, and when we do, it will take get workers to harvest their crops, 1990s and said: Senator CRAIG, this time working with the House. Then it ergo they are not planting these crops. problem has to get fixed. will pass. Then it has to be imple- Senator CRAIG and I came to the Sen- We began to work on it then. Last mented. ate before. We have written a joint let- year, the Senate passed a comprehen- So American agriculture will go ter to the leader. We have asked, sive bill with AgJOBS, the bill I had through another very tough cropping please, because comprehensive immi- worked on with American agriculture season and billions of dollars will be gration reform tends to be stalled, at and the coalition of over 400 agricul- lost. Wise business men and women least pass AgJOBS. An industry de- tural groups. That was in the bill. But will have to make decisions of whether pends on it. when the House failed to act and would they continue to farm in this country We have worked out AgJOBS. It has not act, when we recognized that we and produce in this country or if they passed the Senate as part of the immi- had to gain confidence with the Amer- go elsewhere to produce, and instead of gration bill. Just take out the part ican people that we knew what we were being domestic producers, they become that is AgJOBS and pass it. It is a 5- doing and we would do it right, we in- foreign importers. That is something year pilot. It involves the ability of the creasingly began to put pressure on the that should never be allowed to hap- agricultural industry of our country to border, to secure it, to make it a real pen. get labor, both through H–2A reform, border, to recognize that to cross it My colleague from California has which is contained, and through a 5- you had to be legal, you had to have joined me. Senator FEINSTEIN and I and year pilot to try to secure a workforce the right papers and credentials. That others have worked closely to craft the for agriculture. is going on as we speak. right kind of bill that works, that is While I was in California, I had the I was one who encouraged our Presi- legal, that is transparent, that recog- opportunity to meet with growers and dent to maximize the use of our Na- nizes the importance of border security farmers. The cry for labor reform has tional Guard to help the Border Patrol and border control to get this great only grown louder. What I will do is to focus on those concentrated areas country back into the business of doing talk a little bit about the micro impact where greater movement of illegals what it ought to do; that is, to allow and then the macro impact. coming across our border was occuring. into our country those we want and to California olive farmers delivered It is an issue of security; it is not keep out those we don’t want. only about 50,000 tons of olives this just people wanting to cross the border We are a nation of immigrants. We year. That is down from 142,000 tons to work. Last year, over 200,000 were are proud of that. Most all of us came last year. So only one-third of the crop apprehended who were non-Mexican. from somewhere else some time ago. It could be harvested this year because of They were from all over the world. is because of this we are a great nation. a lack of labor. Farmers knew their Many of them, tragically enough, were It is because of the ability to assimi- crops were going to be light because of drug traffickers and illegals trying to late, to bring into our culture foreign weather troubles. But even with the get into our country for illegal pur- nationals to become Americans that smaller crop to harvest, farmers had poses—not just a hard day’s work in has made our country great. trouble hiring enough workers to work the hot sun of an agricultural field. In the last two decades, we failed to in their groves. Border security is critical. do that in a responsible fashion. Now, In Stanislaus County, a farmer by I hope this Congress will do now what because of that, American agriculture the name of Kevin Chiesa he is a grow- it must do, what it has to do for the hurts, other industries hurt. It is im- er and is the president of the American economy, for the American portant we grow increasingly sensitive Stanislaus Farm Bureau—reported agricultural industries, and that is to getting this job done and getting it that they simply pulled their fig and pass a responsible, comprehensive re- right. The job itself is passing AgJOBS, peach trees out of the ground because form of the H–2A program. the comprehensive responsible bill to they did not have enough workers to Yes, we need to deal with the illegals help American agriculture create a harvest the ripe fruit. Mr. President, who are currently in the country, but legal workforce. 350 acres were pulled on his farm, lead- we also need to create a legal, identifi- Under the unanimous consent the ing to a net dollar loss of $200,000 and a able flow of people who come to work Senator from California, Mrs. FEIN- gross loss of $750,000. and then go home. Ninety-plus percent STEIN, has the next 15 or 16 minutes. Now, that may not seem like much who work here want to do just that: Mrs. FEINSTEIN. That is correct. to some, but it sure is a lot to a farmer

VerDate Aug 31 2005 06:39 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G07DE6.019 S07DEPT1 hmoore on PROD1PC68 with HMSENATE S11418 CONGRESSIONAL RECORD — SENATE December 7, 2006 who depends on this money to pay his production loss could be as high as $3 the crop harvesting calendar. The prob- bank loans and to support his family billion each year in the short term and lem is, we do not have enough Amer- and pay his mortgage. as high as $4.1 billion in the long term. ican workers who are willing to do this In San Bernardino County, Richard This is decimating. California agricul- job. Miller of Murai Farms saw his small tural income loss is projected to reach This week, Senator CRAIG and I re- farm of 130 acres struggle because of a $2.8 billion each year in the long term. ceived a letter signed by over 375 agri- lack of labor. He reported they experi- The problem is not just in California. cultural organizations and industry enced substantial loss in their straw- Dairy farmers in Vermont, citrus grow- leaders from all over the country urg- berry crop, resulting in a half a million ers in Florida, others throughout the ing agricultural reform this year. As dollars in losses already this year. Mr. country, have complained about the they point out, this is not a partisan Miller has been farming since 1962, but labor shortage and the uncertainty it issue. Every area of the country is af- the difficulties he has experienced have creates for the future. fected. recently caused him to think about The Farm Credit Associations of New In November, I received a letter giving up his farm and leaving the pro- York estimate that if the labor short- signed by 147 growers’ organizations fession for good. age continues there, New York State and individual farmers. They point out Over and over again, I have heard will lose $195 million in value of agri- in their letter that they cannot wait that growers need an immediate fix. cultural production and over 200,000 another year, that our State’s pear They do not know what to plant in the acres in production over the next 24 growers had an exceptional crop, the upcoming spring season because they months. best-looking crop in over 40 years, yet do not know whether they will have The American Farm Bureau Federa- they suffered major losses. They point the workers necessary to harvest the tion estimates that if agriculture loses out: crops. its migrant labor force, the national While the pear losses were the most dra- I will say that my friend and col- production loss in fruits and vegetables matic among the commodities, other pro- league, Senator BOXER, and I are in will be between $5 billion and $9 billion ducers suffered as well from delayed har- sync on this issue. She also has talked a year. This is not my estimate. This is vests, degraded quality and deferred cultural to growers and farmers. She also knows the American Farm Bureau’s estimate. practices. the problem. She also has been a strong They also say that over the long term, These crises are a big deal. Farm supporter of the AgJOBS program. So the annual production loss would in- worker crews in my State during har- in making my remarks today, I want crease to $6.5 billion to $12 billion each vest were 60 percent of normal—60 per- to be certain that this body knows I year. cent of normal. What they say is: am also speaking for my friend and col- These losses are not just limited to Pending regulatory changes issued by the league, Senator BOXER. growers. The impact is felt throughout Department of Homeland Security propose I have brought to the floor today a the economy. For every job lost on to turn Social Security Administration’s graphic illustration of one of our pear family farms and ranches, the country mismatch letters into immigration compli- ance documents. The proposal would allow growers. Her name is Toni Scully. I loses three to four jobs in related sec- DHS to prosecute and penalize employers have met Toni Scully. I met with her tors equipment, inputs, packaging, across this country who do not terminate in California and she told me about the processing, transportation, marketing, employees who cannot verify their status. problems her family had experienced. lending, insurance—they are all sup- So, Mr. President, you see the prob- Shown in this picture is Toni Scully in ported by having agricultural produc- lem. The farmers are going to be pros- her pear orchard. Her family lost 25 tion here in this country. ecuted if they hire someone who is not percent of their bumper crop this year Low-producing farms mean a lowered legal to harvest their crops. And they because they did not have sufficient local tax base as farms no longer gen- cannot find legal people to harvest labor to harvest the pears. As shown in erate income and create jobs. their crops. That is the dilemma. the picture, here are the pears all over Ultimately, the current farm labor Further quoting the letter: situation is making Americans more the ground. They are all going to be ei- Even though today’s employers follow cur- ther plowed under or thrown in the gar- dependent on foreign food. Instead of rent SSA requirements regarding mismatch bage. Here is a woman who will have stocking produce grown and harvested letters, they would be in violation of the De- lost essentially everything this year. in our country, America’s grocers are partment of Homeland Security proposal. If Now, other growers tell me they are increasingly filling their shelves with finalized, the DHS proposal will aggravate afraid for the future. They are afraid to foreign-grown produce. the current labor shortage problem in agri- plant crops that will later be left to rot For decades, the fiercely independent culture. in the fields. So some growers are ex- fruit and vegetable growers of Cali- Bottom line, we cannot continue the perimenting with moving their farms fornia, Florida, and other States, tradi- way we are going. That is why Senator to Mexico. Last week, the New York tionally have shunned Federal sub- CRAIG and I have come to the floor. He Times ran an article that pointed out sidies. Now, they are now buckling has worked on this bill for 7 years. I fi- how much imported produce is now ris- under the pressure and asking us for nally got involved and we made some ing above exported produce. And one of Federal subsidies. agreed-upon changes. I was able to in- the big problems is the produce pro- In just one example, because of labor troduce it in the Judiciary Committee duced at home is not assured; there- shortages, U.S. avocado farmers may as part of the immigration bill with fore, more produce is coming in from miss the January market window and these changes. We were able to address outside. lose out to Mexican avocado farmers H–2A reform—and I will go into that in This is so shortsighted because we who will be allowed to import into a minute—and it passed the Senate. are throwing American families into California in 2007. This will wipe out And, as I say, we believe we have in jeopardy. Farming families cannot sup- our local avocado crop. The fact that fact 60 votes in this House. port themselves if they cannot produce they cannot get the labor they need to The letter I spoke about and quoted their crops. harvest the fruits and vegetables only from is signed by the Allied Grape The Grape and Tree League of Cali- weakens our whole American agricul- Growers; California Association of fornia—now, this is a big trade organi- tural industry. Nurseries & Garden Centers; California zation representing what is a huge Now, the reason for the shortage is Association of Wheat Growers; Cali- grape and fruit tree crop group—they simple. There is no readily available fornia Association of Winegrape Grow- estimate that my State alone—Senator pool of excess labor to replace the ers; California Bean Shippers Associa- BOXER’s and my State—has suffered ap- 500,000 foreign migrant workers we tion; California Citrus Mutual; Cali- proximately $75 million in tree fruit have depended on for years. The work fornia Cotton Ginners & Growers Asso- and grape loss alone. That is a loss of is hard. It is stooped. It is manual. The ciations; California Egg Industry Asso- $75 million. hours are long. To make a living, the ciation; California Farm Bureau Fed- The American Farm Bureau Federa- laborer must travel around the region, eration; California Fig Advisory Board; tion estimates that if this labor short- from site to site, working for more California Floral Council; California age continues, California agricultural than one employer, to coincide with Grape and Tree Fruit; California Grain

VerDate Aug 31 2005 06:39 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G07DE6.021 S07DEPT1 hmoore on PROD1PC68 with HMSENATE December 7, 2006 CONGRESSIONAL RECORD — SENATE S11419 and Feed Association; California There are a number of specifics. It The PRESIDING OFFICER. The Sen- League of Food Processors; California freezes the adverse wage rate for 3 ator from Washington. Pear Growers Association; California years, to be gradually replaced with a Mrs. MURRAY. I ask unanimous con- Seed Association; California State Flo- prevailing wage standard. The H–2A sent that following my remarks, the ral Association; California Warehouse visas would be secure and counterfeit Senator from Maryland be recognized. Association; Far West Equipment Deal- resistant. In this way, agricultural The PRESIDING OFFICER. Without ers Association; almost every county labor would have a permanent work- objection, it is so ordered. farm bureau; Nisei Farmers League; force and you would have a secure A TERRIBLE LEGACY Olive Grower Council of California; and guest worker program, H–2A, where Mrs. MURRAY. Mr. President, I am on and on and on, with different farms, necessary, to go in to areas for short here because families across this coun- grape growers, olive growers, cotton periods of time. It is a win/win situa- try are going to be hurt because this ginners, poultry farmers—pages and tion. It has passed this Senate. Republican Congress has not done its pages of people pleading with us to do The losses are in the hundreds of mil- job. We have all heard that this session something. And we do nothing. lions of dollars across the Nation, and of Congress is a do-nothing Congress. It We will not repass a bill that has we do nothing. We stiff the American has earned that title. But there is one been passed by this Senate once, and agricultural industry. I have a hard thing everybody ought to understand. we are in the middle of a major crisis. time understanding that. I know the When Congress doesn’t do its job, it So I am kind of at my wit’s end. votes are here to do it. We could prob- makes it harder for all Americans to do Let me tell you a little bit about the ably do it. Through the Chair, I ask their jobs, whether it is teaching our AgJOBS bill. It is a 5-year pilot. It Senator CRAIG, does he not believe we children or providing health care or would provide a one-time opportunity could pass this bill with maybe an hour improving transportation or making for trained and experienced agricul- on the floor of the Senate. our communities safer. tural workers to earn the right to Mr. CRAIG. I thank the Senator for This may seem like a debate over apply for legal status. It would reform asking the question. This is not an un- process, but it affects you. If you fly on the H–2A visa process so that if new known issue. We all understand it. The an airplane and are concerned about workers are needed, farmers and grow- Congress understands it. The election your safety, it affects you. If you drive ers have a legal path to bring workers is over. People can decide whether they on a highway and are concerned about to harvest their crop. Workers can survived or failed because of their posi- traffic congestion, this affects you. If apply for a blue card if they can dem- tion one way or another on immigra- you want our Government to stop the onstrate with records that they have tion. The reality of what she and I talk flow of money to terrorist organiza- worked in American agriculture for at about is so real today. We knew it tions, this affects you. least 150 days within the previous 2 then; we know it now. We have the 60 Today I want to share with the Sen- years. votes. We have had them for some ate a few examples of how it is going to I can see my time is running out. time. There is no question in my mind, hurt because the Senate Republican May I have a couple minutes more to with the reforms we are talking about, leadership has not done its job. I want sum up? this could become law and we could to point out how it is going to hurt the Mr. CRAIG. Mr. President, I ask priorities in my State of Washington, unanimous consent that the Senator pass it in the Senate. Mrs. FEINSTEIN. If I may, the letter from their fight against drugs and from California be allowed to proceed we wrote to Leader FRIST asking that gangs to the cleanup of the Hanford for at least 5 more minutes. Nuclear Reservation. This Republican The PRESIDING OFFICER. Without it be calendared, has the Senator re- Congress’s failure is going to make it objection, it is so ordered. ceived a response? Because I have not. Mrs. FEINSTEIN. Thank you very Mr. CRAIG. I have not either. Obvi- harder for all of us to do our jobs next much. ously, we are in the closing hours of year, and that is a terrible legacy for The blue card would require that the 109th Congress. Whether we could the Republican leadership to leave our they work in American agriculture for get it done now, but more importantly, country. an additional 150 workdays per year for get it done when we get back very Every year Congress has to pass its 3 years, or 100 workdays per year for 5 early in the year, is going to be critical annual spending bills. They fund our years. At the end of that time, they to us. Government. We work very hard on would be able to obtain a green card. Mrs. FEINSTEIN. That is the point. those bills. We craft them so they meet Over the 5 years, it would apply to 1.5 We did not just write this letter. Per- the needs that our constituents tell us million individuals, which would pro- haps the frustration is showing today. about, on everything from health care vide a stable, ongoing workforce for It would be my hope we could get this to transportation to education. Some- the United States. Workers would be calendared sometime in January and times it takes a while to finish those required to pay a fine of $500, show that get it passed so that the spring plant bills, but we get them done. Then the they are current on their taxes, that can happen all throughout this Nation. country is able to move forward. This they have not been convicted of a Otherwise, I can only tell you, in my year it has been very different. We did crime that involves bodily injury or State, farmers who can are going to go our work on the Appropriations Com- harm to property in excess of $500. Em- to Mexico. Farmers who can are going mittee, but then the Senate Republican ployment would be verified. The pro- to plant in Mexico. Is this what we leadership blocked our progress. I serve gram would be capped and sunset. want to have happen? I don’t think so. on that Appropriations Committee. We The Department of Homeland Secu- I thank Senator CRAIG for his long- did our job on time in a bipartisan rity would ensure that the ID cards are standing work on this issue and for his manner back in July, under the leader- encrypted, that they have biometric leadership. When one comes to the ship of Senators COCHRAN and BYRD. identifiers, that they contain floor of the Senate, sometimes one We completed work on 11 appropria- anticounterfeiting protections. So you thinks nobody is listening. I hope tions bills and sent them to the Senate would be able to identify 1.5 million somebody is listening. I hope people floor. people who are currently illegal. You recognize that we have a huge industry Here is what is impressive. Every sin- would know who they are. You would out there. It needs attention. It needs a gle Senator on the committee voted to know they are now legal. You would workforce. Americans will not do this report each and every bill. But since know they were working in agri- work. Therefore, it is a migrant work- then, the Senate Republican leadership culture, which desperately needs them. force that does the work. There is a blocked our progress. They decided to We would also streamline the current methodology to legalize it, to limit it, only let 3 of those 11 bills move for- agricultural guest worker program, the to sunset it, and to fix what has been a ward. Those bills cover extremely im- H–2A program, which is now unwieldy broken H–2A program and in a bill that portant functions—defense, homeland and ineffective. The bill would shorten has already passed the Senate once al- security, and military construction— the labor certification process, which ready during the 109th Congress. but they are just 3 of the 11 bills. What now takes 60 days or more, reducing I thank the Chair and my colleague about the needs of our communities? the approval process to 48 to 72 hours. from Idaho. What about the needs of our schools

VerDate Aug 31 2005 06:39 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G07DE6.022 S07DEPT1 hmoore on PROD1PC68 with HMSENATE S11420 CONGRESSIONAL RECORD — SENATE December 7, 2006 and colleges and universities? What hire half of the air traffic controllers the Energy and water bill. As a result, about the support of health research or we need, and we will not be able to hire funding for Hanford cleanup is going to investing in infrastructure or meeting the air traffic safety inspectors who be delayed. That means it is going to the needs of our farmers or ranchers or are desperately needed. We are going to take longer, and it will cost more law enforcement? Those are critical pay a price in highway safety because money. The Republican leadership is needs. The Senate Republican leader- we are not going to be able to reverse going to have to explain to the people ship decided this past summer that the recent increase in traffic fatalities. I represent in the Tri-Cities and they could go on the back burner. We are going to pay a price in the fight throughout my State why Hanford Never in my 14 years in the Senate against terrorism, because we are not funding is being delayed. They are have we started a new fiscal year with going to be able to fund the Treasury going to have to answer for their fail- so little progress in the Senate in pass- Department’s efforts to stop terrorist ure to act on these and other priorities. ing the appropriations bills and fund- financing. And we are going to pay a It doesn’t have to be this way. Rather ing the critical functions of Govern- price in educating our kids and improv- than spending the month of July and ment. Nine weeks ago we entered a new ing our communities and training our September debating unrelated bills for fiscal year. I came to the floor at the workforce. Everywhere you look, we political reasons, we could have been time to complain about the unfinished will pay a price if we fail to do our job. debating these appropriations bills business of the Senate and expressed The Republican mismanagement will that are critically needed for our Na- my disappointment that we were hurt my State of Washington, from the tion’s safety and security. recessing for the elections without fight against drugs and gangs to the We could have been fighting for the moving these bills. I always thought cleanup effort at the Hanford Nuclear people we represent. We could have we would come back and the Repub- Reservation. If you sit down with law been meeting their basic needs and pro- lican leadership would finish its work enforcement officers in my home tecting their livelihoods and ensuring this session. But they have made a dif- State, as I have, they will tell you they their safety. Unfortunately, the Repub- ferent choice. It is now December 7. We are facing a methamphetamine epi- lican leadership said ‘‘no,’’ and now our have not seen one additional funding demic. It is destroying families and families are going to pay a price. bill clear the Senate. And we are now communities, and law enforcement I think this Senate deserves better, hearing talk that the Republican lead- needs help to deal with it. Over the but more important, the people we rep- ership may formally adjourn the Sen- past few years I have worked to provide resent deserve a lot better. ate by the end of this week, with most funding each year for the Washington I yield the floor. of the 11 appropriations bills never State meth initiative. It is a coordi- The PRESIDING OFFICER (Mr. being sent to the President. nated Statewide effort that focuses on ISAKSON). The Senator from Maryland I think it is worth remembering that cleanup, treatment, prevention, and is recognized. when this happened last time, there law enforcement, and it is a great Ms. MIKULSKI. Mr. President, I was a major shift of power back in No- model for other States. Again, this want to compliment the Senator from vember of 2002. I was serving at the year in the Senate bill, I got a commit- Washington State for commenting on time as chair of the Transportation Ap- ment to support my State’s meth ini- the law enforcement aspects that are propriations Subcommittee. After the tiative. But now this funding is going going to be lost under the way we are election, just as now, the appropria- to be delayed and put in jeopardy be- proceeding because she is absolutely tions process was not complete. But cause Senate Republicans have refused right. I say to the Senator before she Democrats still worked to fulfill our to do their job and pass the Commerce- leaves the floor, that is in the Com- responsibility by moving bills on the Justice-State spending bill. Because merce, Justice, Science Committee, on floor and sending them to conference. Republican Senators are not going to which I am currently ranking member. Unfortunately, we were blocked from do their job, they are going to make it We worked on a bipartisan basis—Sen- completing our job. The Republican harder for police in my State to do ator SHELBY and I—to produce the bill leadership that was due to come into their job, and that is wrong. that would have given the financial the majority in January of 2003 prohib- This failure to act will also delay and tools to local enforcement to fight the ited us from moving those bills for- put at risk support for an antigang pro- meth epidemic, the gangs that are ward. They decided they wanted to gram in Yakima Valley. Back on Octo- coming, all with the most grim and complete the appropriations process ber 16, I was in Yakima at the police ghoulish approaches in our local com- when they were in control. department for a meeting with two munities. This year Democrats are taking a dif- dozen local officials, law enforcement, But we are saying, you know what, ferent approach. We should complete and prosecutors. They told me about we are cutting and running. So we are the appropriations process now, be- the tremendous challenges they were cutting their budget, and we are run- cause it is important to America’s fam- facing, and the top issues on their list ning out of here. That phrase ‘‘cut and ilies and communities. We are already were meth and gangs. I heard their run’’ has been used so cavalierly, but I 2 months into this fiscal year. The message, and I have fought for a com- am telling you that is exactly what we American people are paying a price for mitment in the Senate to support a are doing now. We are cutting and run- these delays. Democrats are willing to community-based gang task force. ning from our responsibility to fund complete this process now, even under That funding is needed immediately. the programs that meet compelling Republican control, because we believe Now I have to go back to Yakima and human needs in our own States, in our the American people have waited long tell those hard-working leaders that own country, as well as those things enough. Unfortunately, the Republican the funding I got was delayed and put that help with the national security, leadership didn’t get the message. Now at risk because Republicans don’t want such as funding the FBI and to the se- American families are going to pay the to do their jobs and pass the annual curity in our own communities. We are price of this negligence. spending bills. People in my State de- talking about meth and gangs, but I Some Senators have been suggesting serve better than that. know the Senator feels as strongly as I that we simply pass a continuing reso- Let me offer another example of how do about sexual predators. We worked lution for the next entire fiscal year the Republicans’ failure to do their with Mr. Gonzales, the Attorney Gen- and everything will be fine, claiming jobs is hurting my State. Our Govern- eral, in terms of a very good antisexual there is no real difference between ment has an obligation to clean up the predator approach, with listing and passing these bills we have worked so Hanford Nuclear Reservation in Rich- watch lists and those things that, hard to put together and putting Gov- land, WA. As I speak, that community again, empower the local law enforce- ernment on auto pilot for a full year. is working hard to clean up nuclear ment. We have a program that helps There is a big difference. This country waste, protect the community, and the sheriffs. will pay a price under that scenario for environment. Here in the Senate I have So if we want to bring in the posse, airline safety. fought for the funding we need to keep we have to bring in the bucks. What I Under a full year’s CR, my colleagues that cleanup moving forward. But now like about the sheriff initiative is it is should know we will only be able to the Republicans are refusing to move in every community, not only urban

VerDate Aug 31 2005 06:39 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G07DE6.024 S07DEPT1 hmoore on PROD1PC68 with HMSENATE December 7, 2006 CONGRESSIONAL RECORD — SENATE S11421 areas but also out in the rural areas. So we are committed to national secu- room, providing important legal guid- But, oh, no, we have to get home. Well, rity—whether it is the Port of Balti- ance to all of the police chiefs, cer- I think we have abdicated our responsi- more or whether it is Bethesda, wheth- tainly, in the Baltimore area, and bility. I thank the Senator for what er it is the Naval Academy and looking those involved in port security and she has said. out for them, but we need these re- local law enforcement. The people from Mr. President, we are abdicating our sources. Sure, we need to fund defense the Governor’s office run that. Whether responsibility, and in abdicating our and homeland security, but don’t we it is in the national Capitol region, responsibility to pass the outstanding need to fund the FBI? The CIA can spy that we are in, or L.A. or New York, appropriations bills, we are having a around the world, but ultimately any our U.S. attorneys run these forces. very dire impact on our own country. information to come back and protect The local people love it, and they are Of the 12 appropriations bills, only 2 us against predators here comes part of the global war against ter- have passed. One is Defense and one is through the FBI. The National Secu- rorism because we don’t have enough Homeland Security. I am so glad that rity Agency—hopefully, completely FBI agents, but with enough cops on we did pass those and we did them in a within the law with reforms that need the beat, we can do that. So we are responsible way and in a timely man- to be made—can pull out these ‘‘cyber shortchanging the U.S. Attorney’s Of- ner. But one can say, then, we met our snitches,’’ with the Internet, that is fice. national security responsibilities. Well, going on somewhere in the Middle East Let’s go to the Bureau of Prisons. We not the way this Senator sees it. The and prevent those attacks. We are are going to lose correctional officers. national responsibility for national se- proud of what they did in working with We might say that they are just thugs curity also comes to our own FBI, our British counterparts in London. No anyway. Let’s talk about those ‘‘just comes to local law enforcement, comes matter what happens over there, when thugs anyway.’’ Right this minute, we to our U.S. Attorney’s Offices, and we it comes back here, the FBI needs to are very concerned and have signifi- are walking away from this. protect us. But, oh, no, we have to get cant flashing yellow lights about the The voters have said they want us to home. That is what I mean about cut- fact that right now in our Federal pris- change the tone and they want us to ting and running. We are cutting and ons there could be underground re- change the tempo. I can honestly say running. cruitment efforts going on to recruit that working in Commerce, Justice, When we do what we are about to do people for terrorism or for these Latin Science Appropriations, we have had soon, the FBI will be short $100 million. American gangs, such as M–13. Talk to an outstanding tone. I compliment my What does that mean? Well, it means the head of the Bureau of Prisons and to the Attorney General. We have to current chairman, Senator SHELBY that the FBI will not be able to main- from Alabama. Gosh, we worked so tain the operations tempo that they stand centrally with own Federal pris- well in producing our appropriations have achieved since September 11. It ons that we do not become the incuba- bill. The Senator from Alabama made means that they will not be able to tors not only of thugs but of terrorists and terrorizing gangs in our local com- sure I was consulted, along with my hire and keep the agents that they munities. staff. We worked on the compelling have, including the important lin- When I talk about grim and ghoulish, needs that must be funded but in a fis- guists. We have had to recruit people I am going to use an example that is cally responsible way. That sub- who can speak Farsi and a whole vari- difficult to bring to the Senate floor. In committee doesn’t need to change the ety of other languages that are not my own State, there was a gang at- tone, but, wow, do we need to change well known and available in our uni- tack, where they cut off the arms and the tempo. Not because of what SHELBY versities. But Director Miller went out legs of a victim, using a machete. I and MIKULSKI did. We did our bill; we and found them. They are ready to go. could describe more ghoulish things, finished it. We have moved it out of the They are already being trained. But we but I will not offend civilized people to committee. It is now ready to go to the are saying: Oh, no, we cannot hire you give those examples. Senate floor. We did it on a bipartisan now because the Congress had to go We have to get serious. Are we going basis, and we feel confident, each of us home. They have to cut and they have to fight the global war against ter- and our members, of the bill we pro- to run. Let me tell you, linguists, even rorism or are we going to cut and run duced. So we are ready to go. We are though the private sector will hire you from the appropriations? Are we going similar to a plane circling the airport, for more money, at an easier lifestyle, to stand up for our FBI or cut and run but we are running out of fuel. we know you were ready to join the from our duty? Are we going to stand I am concerned particularly about FBI, but we have to go fa-la-la, fa-la-la up for Federal law enforcement, such those programs affecting the FBI and somewhere. This is outrageous. as the Bureau of Alcohol, Tobacco, Federal law enforcement agencies, as That is the basic kind of thing that Firearms and Explosives, who are well as the locals. The FBI to the sher- will directly impact on our ability to working here and helped us catch the iffs are going to be shortchanged, re- fight terrorism here at home. It is snipers and are working over there so sulting in, I think, very serious con- what we said during the 9/11 Commis- we can deal with the IEDs that are sequences. We use budget-speak, Sen- sion about the famous watch list and killing our troops? Are we going to ate-speak with words such as ‘‘CR’’ and emerging technology. We have been stand up for the DEA that is fighting ‘‘omnibus,’’ but whatever we are talk- working on the integration of the fin- drugs on the street corners of our com- ing about, the fact is we are not fin- gerprint systems between the FBI, munities and dealing with the drug ishing our job, when we could have DHS, and also Immigration, to make problems in Afghanistan, with Mr. done it if there was a willingness from sure that we truly are stopping the Karzai, that is now funding the both the House and the Republican people we need to stop who are trying Taliban? Oh, no, we have to cut and leadership to move these bills. Many of to get into this country. But, oh, no, run. them have been worked out—again, on we are going to delay that and other Well, I am opposed to this strategy. I a bipartisan basis. technological improvements that the oppose this do-nothing Congress. We I come to you today with my great FBI so desperately needs. We are short- could do the job. I worked with my Re- concern about the global war against changing the FBI. publican colleague and, I must say, he terrorism. I am a member of the Intel- Then, when we look at the global war worked with me. We don’t have to ligence Committee, I am on the Appro- against terrorism and how it is acted worry about changing the tone, but we priations Committee and I am also a out in our own communities, I salute sure have to change the tempo. That is member of Defense Appropriations, the U.S. Attorney’s Office. For them, why the voters made a change in the Homeland Security and also currently this CR and this cutting and running Congress. So we are going to have to ranking—and soon to be chair—of the we are doing will essentially mean that swallow this, but I will tell you that Subcommittee on Commerce, Justice, the U.S. attorneys will be again short- they can count on BARB MIKULSKI not Science and Related Agencies that changed. In my own State, they run to cut and run from her duty, her re- funds particularly the FBI. I live, along something called the Joint Terrorism sponsibility in fighting the global war with my constituents, in the national Task Force. It is the U.S. attorney who against terrorism and the thugs and capital region. We are a high-risk area. gets all of the stakeholders in the same bums on our streets in America.

VerDate Aug 31 2005 06:39 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G07DE6.045 S07DEPT1 hmoore on PROD1PC68 with HMSENATE S11422 CONGRESSIONAL RECORD — SENATE December 7, 2006 Mr. President, I yield the floor. vade Iraq unilaterally, the absence of I thank my excellent staff, those here The PRESIDING OFFICER. The Sen- weapons of mass destruction that had in Washington and those in Minnesota, ator from Minnesota. been the initial justification for that for their tremendous dedication and Mr. DAYTON. Mr. President, I ask invasion, and his administration’s dis- many hours of hard work. Most of the unanimous consent that I may speak astrous mismanagement of Iraq fol- successes I have enjoyed here have as in morning business for up to 15 lowing the overthrow of Saddam Hus- been the result of their dedication and minutes. sein has squandered most of our na- their abilities, and I thank them again The PRESIDING OFFICER. Without tional unity and international good- for their support. objection, it is so ordered. will. I especially want to thank the people SENATE SERVICE The CONGRESSIONAL RECORD will of Minnesota who gave me this extraor- Mr. DAYTON. Mr. President, it has show that I opposed those failed poli- dinary opportunity to serve them in been almost 6 years since I was sworn cies and supported other and better al- the Senate. Our democracy is, through in as Minnesota’s 33rd U.S. Senator ternatives. I was 1 of 23 Senators to all of human history, throughout the with my friend and colleague Paul vote against the Iraq war resolution. I entire world, the most advanced and Wellstone at my side. I began my term opposed the large tax giveaways to the successful form of self-governance that hopeful and optimistic. The Senate was rich and superrich. In fact, during my 6 human beings have ever devised. It is evenly divided, with 50 Democrats and years in the Senate, I voted 29 times to far from perfect, but it is far better 50 Republicans, and President-elect raise my own taxes. Why? Because our than anything else. We who are elected George W. Bush was promising to country needs those tax revenues, and as its leaders and its stewards have sa- change the tone in Washington with a I can darn well afford to pay my fair cred duties to uphold its principles, to new era of bipartisan cooperation. share of them, as can all other Ameri- elevate its policies, and to improve its Our country enjoyed peace and rel- cans with my good fortune. practices before we bequeath them to ative prosperity. Outgoing President I tried seven times unsuccessfully to our successors. I have done my very Bill Clinton, a Republican-controlled get the Senate to honor its 30-year best to fulfill those duties before I pass Congress, and over 6 years of economic promise to school districts and school- them on to my outstanding successor, expansion had combined to create the children and fully fund special edu- Senator-elect Amy Klobuchar. We in first annual surpluses in the Federal cation. The Senate did pass my ‘‘Taste the Senate and in the House of Rep- Government’s on-budget account in 39 of Our Own Medicine’’ amendment lim- resentatives also have the duty to years, and they were projected by OMB iting Members of Congress’s prescrip- serve the best interests of all Ameri- to continue for at least the next dec- tion drug coverage to what they pro- cans. To be successful and sustainable, ade. vided to senior citizens through Medi- our Government must improve the The Social Security trust fund’s an- care. However, my amendment was dis- lives of all of our citizens. nual surpluses were going to be saved carded by the House-Senate conference Unfortunately, here in Washington, in a lockbox for the upcoming retire- committee. the people who already have the most ments of a large baby boom generation. It has pained me deeply to see the keep getting more than anyone else. There was even discussion of paying Senate’s majority lead our country The excessive influences of their down the national debt to further into what I consider the wrong direc- money and political power on the Fed- strengthen our financial position. Yet tion. Our Nation’s founding principle eral Government are serious threats to we still would be able to increase fund- was ‘‘we the people,’’ and it remains so our democracy. They skew decisions ing for such essential needs as public today. If we are not always united by and laws in favor of the rich and power- education, affordable health care, sen- the common cause, we are bound to- ful, often at the expense of other Amer- iors’ drug coverage, and infrastructure gether by a shared destiny. If the laws icans: the hard-working people who pay improvements. this Senate passes are successful, ‘‘we their taxes and hope their elected rep- Just 6 years later, our country’s con- the people’’ benefit together. If those resentatives will look out for them in dition has changed drastically, and laws fail, we suffer together. Some Washington. It isn’t too much for them mostly for the worse. We are mired in Americans will suffer more than others to expect. However, it is too often more a disastrous war in Iraq despite the he- as unfair victims of social and eco- than they are getting. roic efforts and sacrifices by our Armed nomic injustices, but ultimately all They are told repeatedly that new Forces. The fiscal integrity of the Fed- Americans cannot escape our common laws and policies will improve their eral budget has been destroyed, with national fate. United we stand and suc- lives. Yet their real lives become record-high annual deficits continuing, ceed; divided we fall and fail. I regret- worse, not better. They experience a despite budget gimmickry and a mod- fully believe that during my Senate deep disconnect between what they are est economic recovery. The Federal tax term this administration and its con- told will happen and what is actually base has been decimated by huge tax gressional followers have caused too happening to them. giveaways to the rich and superrich many divisions, declines, and failures. In attempts to hide those disparities, that will burden our children and Thus, I leave the Senate with strong the words used in Washington are often grandchildren. The Social Security feelings of frustration and disappoint- carefully selected by very clever people trust fund’s surpluses have been spent ment. I have been unable to pass most in order to disguise reality rather than every year on what the nonpartisan of what I believe was most important to describe it. For example, legislation Concord Coalition has called ‘‘the most to Minnesota, to our country, and to that stripped many Americans of their reckless fiscal policy’’ in our Nation’s the world. I remain convinced that bankruptcy protections for major med- history. those policies would improve the lives ical expenses was named the Bank- The Bible says if the leaders don’t of most Americans far better than ruptcy Abuse Prevention and Con- lead, the people perish. Unfortunately, what the majority here enacted. sumer Protection Act. Another bill the Bush administration and the Re- A cornerstone of democracy, which I that would have increased industrial publican majority in Congress have not honor, is that the majority prevails. pollution was entitled the Clear Skies led this country well, and our people Winning, however, does not make them Act. No Child Left Behind has know- are suffering the consequences: lost right and, unfortunately, it does not ingly underfunded Head Start, title I, jobs, businesses, and farms; lost in- make them wise. In those decisions and special education, which has left comes, standards of living, and secu- with which I have disagreed, time will millions of schoolchildren behind. rity; and lost loved ones killed or tell us and the American people who These discrepancies and the dispari- maimed in Iraq. was right and who was wise. ties they create will be even more de- We have lost the national unity I do want to thank my colleagues on structive to the American people’s which followed the terrible atrocities both sides of the aisle for the privilege trust in their Government in the years of September 11, 2001, and the Bush ad- to serve these last 6 years with them. I ahead. That is because the choices fac- ministration has lost the world’s sup- am grateful for the friendships I have ing Congress will become even more port which they had after that awful made, which I hope will continue after difficult as the needs of an aging popu- attack. The President’s decision to in- my departure. lation grow but revenues do not. In

VerDate Aug 31 2005 06:39 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G07DE6.046 S07DEPT1 hmoore on PROD1PC68 with HMSENATE December 7, 2006 CONGRESSIONAL RECORD — SENATE S11423 about a decade, the Social Security Congress conducting its constitutional fraud, waste, and abuse. When I met trust fund’s large annual surpluses will responsibility of oversight of the exec- with Dr. Von Eschenbach in March, he be replaced by deficits, and its IOUs utive branch of Government. told me that he was ‘‘committed to from the general fund will add to that In addition, under Dr. Von whistleblowers.’’ Yet his actions seem fund’s own chronic deficits. If com- Eschenbach’s leadership, the FDA re- to suggest otherwise. bined with today’s enormous and mains in a state of denial about all The worst example may be when Dr. unsustainable balance of trade deficits these cultural problems to which I Von Eschenbach ordered a meeting and a continuing erosion of our manu- have referred. A coherent action plan with the FDA staff after the press re- facturing job base, the consequences to address the problems is nowhere to ported information that was critical of could be catastrophic. be found. Dr. Von Eschenbach has told how the FDA handled safety issues That somber forecast has replaced me that there is room for improvement with the drug Ketek. I keep referring my hope and optimism of 6 years ago in the area of technology, but it does to Ketek because it is a drug involved to my deep regret. Following the wis- not appear that he understands the in the death of an 18-year-old boy in dom of ‘‘speak truth to power,’’ I depth and breadth of problems affect- Cedar Rapids, IA. As I understand it, present my truth to the world’s most ing the Food and Drug Administration. Dr. Von Eschenbach sent a clear mes- powerful legislative body, the U.S. Sen- The FDA is in serious trouble, and I sage at this staff meeting. Some sug- ate, and one of the two institutions am not the only one saying so. Over gested that this attempt was simply to that must act to keep our Nation the last year, we have heard from the boost morale among FDA employees, strong. I hope that you will. I will pray Government Accountability Office, the but some longtime FDA employees saw for your wisdom to discern what is Union of Concerned Scientists, and just it differently. They took his word that right, for your courage to act accord- a few months ago we had a scathing re- anybody who spoke ‘‘outside the locker ingly, and for your success on behalf of port from the Institute of Medicine. room’’ might find themselves ‘‘kicked our great Nation and the world. The Institute of Medicine completed off the team’’—literally. And I don’t Mr. President, I yield the floor, and I a $3 million, 15-month study and set blame them for taking offense at that. suggest the absence of a quorum. forth 25 recommendations. This report People are trying to do their job, and The PRESIDING OFFICER. The by the Institute of Medicine conveys a you talk about what is wrong and you clerk will call the roll. sense of urgency to fix the problems. might be fired for it? People like that The legislative clerk proceeded to Just last month at the Health, Edu- ought to be upheld and honored. In the call the roll. cation, Labor, and Pensions Committee final analysis, they ought to have their Mr. GRASSLEY. Mr. President, I ask hearing, the chairman of the Institute concerns addressed within the agency unanimous consent that the order for of Medicine committee that produced and not have to come to those of us in the quorum call be rescinded. the report said: Congress because they are not getting The PRESIDING OFFICER (Mr. If there ever was a time that it was critical any ear in the agency. So they took his VITTER). Without objection, it is so or- to address these issues, it is now. message to mean: Your career is in dered. The next Food and Drug Administra- jeopardy if you happen to come to Sen- Mr. GRASSLEY. Mr. President, for tion Commissioner must be a person ator GRASSLEY or outside the agency or one final time, I wish to address the who not only has excellent credentials, to any Member of Congress. To me, it nominee before us, Dr. Von as I have said he has, but who also will shows his poor judgment and intoler- Eschenbach, who is up for Commis- accept the criticism of the agency and ance for dissenting opinions and also sioner of the Food and Drug Adminis- develop coherent solutions. for what is basic to American govern- tration and who I think should not be Here is what the Institute of Medi- ment, that the public’s business ought approved for the position by the Sen- cine reported: to be public. ate. Dr. Von Eschenbach also told me The committee believes that cultural I have considered Dr. Von that he was a man of ‘‘discipline, rigor Eschenbach’s performance on the job changes are urgently needed to support a stronger, more systematic and more credible and precision.’’ Those are his words. He for more than a year now because he approach to drug safety in the Center of used those same words in a speech: was appointed Acting Commissioner in Drug Evaluation and Review and it rec- We will retain all the rigor, all the dis- September of 2005. In fact, over the last ommends solutions to the problems created cipline and all the precision of regulation, year I have closely monitored his ac- or exacerbated by the elements of the Cen- but our efforts will be geared so that things tions, reactions, and his public and pri- ter’s management, structure and environ- can move faster rather than slower.’’ vate comments to the FDA staff and to ment. We can all agree that new drugs and the public. Now a short quote: devices should be available to the pub- This nominee inherited a Food and Many have observed signs of an organiza- lic as soon as possible, but there is also Drug Administration plagued by cul- tional culture in crisis. the issue of safety and the protection tural and structural and personnel Another quote: of the public. The FDA must do its job problems, and I surely do not blame The Center’s leaders have to be prepared to and ensure that the drug’s benefits out- him for the problems, but I have to address the underlying cultural problems weigh its risks before approval. look at whether he is the person to cor- that divide and impair the optimal func- My other concern regarding Dr. Von rect those problems. Because this agen- tioning of the Center’s staff and effectively Eschenbach is that he assured me of cy is plagued by these cultural and use the existing and new authorities and re- his commitment to respond promptly structural and personnel problems, sources to achieve the Center’s public health to requests from Congress. That is a FDA is in desperate need of a leader, a and regulatory mission. promise which was never kept. So do I leader who can not only restore the These criticisms of the Food and have a reason to be concerned about public’s confidence in the agency but Drug Administration have come from this person, regardless of the very good also restore the agency’s confidence in outside the agency, not from whistle- credentials he has? My oversight of the itself. blowers reporting to me. But I also FDA has consequently been slowed by I met with Dr. Von Eschenbach more continue to hear from these employees inaction on the part of his agency. In than once. We talked, and he seemed to inside and also from managers inside fact, he has not responded to a letter I be very nice. He has, of course, without the Food and Drug Administration who sent to him 9 months ago, and my re- dispute, excellent credentials. He were concerned about the integrity of quests for interviews with some FDA promised me full cooperation in my the Food and Drug Administration’s officials were ignored for more than 3 oversight work I was doing and the in- work. What is also troubling is that months and some still have not been vestigations I was doing, but, in fact, it some of these employees have experi- scheduled. As Acting Commissioner, he did not happen. Instead, I had to issue enced intimidation or reprisals for has ignored congressional requests, and two subpoenas. So far, he has not com- voicing legitimate concerns. I do not expect that will change if he is plied with those subpoenas which were I have fought long and hard over the confirmed by the Senate. issued 7 months ago. This reflects a last two decades to protect the rights Before I close my remarks, I ask lack of respect for the authority of of numerous whistleblowers who expose unanimous consent to have printed in

VerDate Aug 31 2005 06:39 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G07DE6.049 S07DEPT1 hmoore on PROD1PC68 with HMSENATE S11424 CONGRESSIONAL RECORD — SENATE December 7, 2006 the RECORD the full text of a letter I entists working at the agency and a lack of prevention drug for dogs. Dr. Hampshire was sent to the Acting Commissioner in respect for the scientific process. reassigned following the drug company’s September. In February 2004, the FDA held an advisory presentation of findings from its private in- There being no objection, the mate- committee meeting to discuss whether or vestigation of Dr. Hampshire after the com- not there was a link between some pany met with then-Commissioner. It ap- rial was ordered to be printed in the antidepressant drugs and suicidal behavior pears the purpose of that investigation was RECORD, as follows: in children. Dr. Andrew Mosholder, the retaliatory and an effort to discredit Dr. U.S. SENATE, FDA’s expert on this matter, concluded that Hampshire. The company’s investigation led COMMITTEE ON FINANCE, there was a link. However, his FDA super- to a criminal investigation by the FDA; how- Washington, DC, September 20, 2006. visors disagreed and canceled Dr. ever, the investigation resulted in no action ANDREW C. VON ESCHENBACH, M.D., Mosholder’s presentation to the advisory taken against Dr. Hampshire. In fact, Dr. Acting Commissioner, U.S. Food and Drug Ad- committee. Instead, Dr. Mosholder was given Hampshire subsequently received an award ministration, Rockville, MD. a script by his supervisors to read if he were for her job performance related to ProHeart DEAR DR. VON ESCHNBACH: As a senior asked why he was no longer presenting be- 6. member of the United States Senate and as fore the advisory committee. Unfortunately; it appears that Dr. Hamp- the Chairman of the Committee on Finance Similarly, in February 2005, Dr. David shire is not the only FDA employee who was (Committee), it is my constitutional duty to Graham was finishing a study on Medicaid the target of a company’s campaign to dis- conduct oversight into the actions of execu- patients taking COX–2 inhibitors and was credit individuals who may present impedi- ments to its agenda. Two months ago, I tive branch agencies. For nearly three years, told by his supervisors that he could not wrote to the Department of Health and I have been investigating matters related to, present his findings regarding these drugs at Human Services Office of Inspector General among other things, the safety and efficacy an upcoming advisory committee meeting. (HHS OIG) to investigate whether or not one of products regulated by the Food and Drug The scientific process ultimately prevailed, or more FDA employees conspired with Administration (FDA or agency). but only after then-Acting Commissioner Merck to discredit Dr. Graham and/or call I have reviewed and questioned how the Lester Crawford overruled Dr. Graham’s su- into question Dr. Graham’s allegations re- FDA handles the pre-market review and pervisors to allow him to present his find- garding the safety and efficacy of Vioxx. postmarket surveillance of drugs, biologics, ings. This was not the FDA’s first attempt, FDA’s handling of the antibiotic Ketek is an- devices and veterinary medicines to assess however, to muzzle Dr. Graham. Several other example where the FDA appears to whether or not the agency is fulfilling its months prior to the advisory committee have accommodated a drug company despite mission to protect the public health. Addi- meeting, Dr. Graham went public with alle- the fact that the company submitted fraudu- tionally, I have worked to give voice to the gations about the FDA’s mishandling of the lent data from a safety study to the FDA and concerns of a number of rank-and-file sci- COX–2 inhibitor Vioxx, which was manufac- repeatedly provided incomplete safety infor- entists and FDA managers who share a com- tured by Merck & Co, Inc. (Merck). Accord- mation. What baffles me even more is the mon complaint: a deep-seated cultural divide ing to Dr. Graham himself, as well as infor- fact that the FDA continued to cite Study exists within the FDA, and it has led to sys- mation and documents obtained by the Com- 3014 in publicly released safety information temic problems that plague the agency. To- mittee, senior FDA officials attempted to in- for Ketek even after its Division of Scientific gether we have shed sunlight on how fre- timidate him so he would not testify about Investigations concluded that Study 3014 in- quently differences of scientific opinion are the adverse cardiac effects of Vioxx before volved ‘‘multiple instances of fraud’’ and quashed, the nature of the cozy relationship Congress. The FDA also tried to prevent the that ‘‘the integrity of data from all sites in- between the FDA and the industries it is sup- publication of Dr. Graham’s findings in Lan- volved in [the] study . . . cannot be assured posed to regulate, and the failure of the cet. with any degree of confidence.’’ agency to be adequately transparent and ac- In July 2005, the FDA approved the Vagus PRESSURE TO ALTER OR EXCLUDE INFORMATION countable to the public. Nerve Stimulation (VNS) Therapy System, a Not only has the FDA disregarded and Others also have identified serious leader- medical device for treatment-resistant de- downplayed important concerns and warn- ship problems at the FDA. Editorial pages of pression (TRD), even when FDA scientists ings from its own scientists, but FDA super- publications across the nation, including a could not determine if the device worked. visors have also pressured some of these sci- number of the most esteemed scientific jour- Rather than allow the scientific process to entists to change their findings or conclu- nals, have recognized and expressed outrage dictate FDA’s decision, a senior FDA official sions regarding the safety and/or efficacy of at the FDA’s failures in recent years. The overruled a team of more than 20 FDA sci- a product. Most notably Dr. Mosholder and Government Accountability Office (GAO), entists, medical officers, and management Dr. Graham, among others, have been pres- the independent and non-partisan agency staff who recommended against approval of sured by their supervisors to soften their that works on behalf of Congress and the the device based on their comprehensive sci- safety findings or conclusions regarding American people, has also identified serious entific evaluation of the sponsor’s applica- antidepressants and Vioxx, respectively. In and systemic problems at the FDA. Still, the tion. In addition, while the FDA has pub- addition, a survey released by the Union of most powerful messages come from the in- licized differences of scientific opinion with- Concerned Scientists (UCS) and the Public creasing numbers of current and former FDA in the agency regarding controversial regu- Employees for Environmental Responsibility personnel, who often come forward at great latory decisions in the past, in this case, the (PEER) on July 20, 2006, found that approxi- personal and professional expense to express FDA did not publicize scientific dissent re- mately one-fifth of the nearly 1,000 FDA sci- their disenchantment that the FDA has lost garding the effectiveness of the VNS Ther- entists surveyed said that they had been its way and ‘‘sold out’’ to the industries it is apy System for TRD. asked, for nonscientific reasons, to inappro- charged to regulate. More recently, my office was approached priately exclude or alter technical informa- In the face of such criticism, the FDA ap- by yet another FDA scientist who is being tion or their conclusions. One-fifth said that pears to be focused on damage control rather prohibited from submitting an article to a they have been asked explicitly by FDA deci- than addressing its core problems. As a major scientific journal despite the fact that sion-makers to provide incomplete, inac- science-based agency, the FDA is remarkable an appropriate disclosure statement would curate or misleading information to the pub- for its lack of introspection, second-guess- be made. lic, industry, the media and government offi- ing, and failure to assess its own perform- COZY RELATIONSHIP WITH INDUSTRY cials. My Committee staff are presently re- ance and capabilities in a systematic way. I have frequently criticized the FDA for its viewing such allegations in ongoing inves- Despite all the recent criticism, the agency relationship with the industry, which I be- tigations. does not have a comprehensive plan of action lieve is far too cozy. The FDA needs to dis- PRESSURE TO APPROVE PRODUCTS in place to address its weaknesses. Instead, tance itself from the industry and return to the FDA comes off as an agency in denial Throughout numerous investigations by its role as regulator, not a facilitator. De- that chooses to keep its head in the sand in my Committee staff, FDA employees have spite findings from a Merck study that heart the hope its problems will go away. I am also stated that they are under constant attacks were five times higher for Vioxx pa- writing this letter to encourage you to es- pressure to approve drugs within deadlines tients than for patients on another drug, tablish and implement a resuscitation plan established by the Prescription Drug User nearly two years passed before label changes to restore the FDA’s credibility in the mind Fee Act. For example, during the Commit- were made. The overriding concern of the of its own employees and the American pub- tee’s investigation into the delay in labeling FDA should have been the health and safety changes regarding blindness risks for Viagra, lic. An agency that hemorrhages whistle- of the American people. However, while the the safety evaluator for that drug informed blowers is an agency needing critical care. FDA was negotiating label changes with the my staff that the Office of New Drugs is The following concerns are by no means company, patients and doctors remained under such time pressure to approve new comprehensive, but they illustrate several largely unaware of the cardiovascular risks. drugs that safety concerns were often ‘‘fit common themes of my oversight of the FDA. In addition, Merck was aggressively mar- in’’ wherever they could. According to a sur- SUPPRESSION OF SCIENTIFIC DISSENT keting Vioxx during that time. vey by the HHS OIG in 2002, nearly one in I am very troubled by FDA’s attempts to Another troubling example of FDA’s cozi- five scientists polled said that they had been suppress scientific dissent by muzzling its ness with industry is the removal of Dr. Vic- pressured to approve or recommend approval own scientists. Such actions by the FDA toria Hampshire, a drug safety reviewer, of a new drug despite concerns about its safe- show a lack of respect for the dedicated sci- from the review of ProHeart 6, a heartworm ty, effectiveness, or quality. This needs to be

VerDate Aug 31 2005 06:39 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G07DE6.050 S07DEPT1 hmoore on PROD1PC68 with HMSENATE December 7, 2006 CONGRESSIONAL RECORD — SENATE S11425 corrected immediately, and FDA needs to re- sioner, to turn things around and restore we are so pleased, so grateful for that sume its science-based mission. public confidence in the FDA. I sincerely kind of response. ATMOSPHERE OF FEAR OF REPRISAL hope you seize the opportunity to do just The process has gone well. As I said, According to the FDA, there are regula- that. I was in there for a month. I have gone Sincerely, tions and procedures in place to help resolve through the chemo, I have gone organizational and individual disagreements. CHARLES E. GRASSLEY, Chairman. through the other activities and may However, my Committee staff continues to have to go back for some additional Mr. GRASSLEY. The letter lays out hear from FDA employees who experience in- treatments, but the fact is I am out, timidation and reassignments when they the major problems at the FDA. I en- my blood cell count is up, and I am raise concerns about the integrity of FDA’s courage my colleagues to read it and, work. In addition, the 2006 UCS and PEER very positive. maybe more important, emphasize I want to urge people to be very care- survey found that over one-third of the FDA again reading the Institute of Medi- scientists who responded to the survey said ful about their own health, and when cine’s criticism of the Food and Drug they could not openly express any concerns there are signs of problems, to be sure about public health within FDA without fear Administration. they take care of them because Be- of retaliation. Moreover, the GAO found that The FDA needs a permanent commis- thesda was a wonderful place for me to the dispute resolution processes for disagree- sioner to tackle these problems. Unfor- be. ments over postmarket drug safety decisions tunately, I believe the nominee is not Again, my real purpose here is just to ‘‘have not been used and may not be viewed the person for the job. Over the past as sufficiently independent.’’ express my gratitude for all the kind year, the nominee has failed to step to feelings I have had from the staff and Your recent meeting with FDA staff in- the plate and failed to keep his assur- volved in the review of Ketek is a disturbing from the Members of the Senate, and I example that FDA’s internal dispute resolu- ances to me. He has said the agency appreciate it very much. It has been tion processes are not working. Instead of re- needs to be a facilitator, but think very helpful, and I am grateful. assuring FDA employees that they can raise what the word ‘‘facilitate’’ means or I suggest the absence of a quorum. concerns without being subjected to retalia- what ‘‘being a facilitator’’ means. It The PRESIDING OFFICER. The tion or intimidation, the meeting itself ap- could mean a cozy relationship be- clerk will call the roll. pears to be an act of intimidation. Scientists tween the FDA and industry. What is The legislative clerk proceeded to who speak up about problems and concerns, called for is someone who recognizes call the roll. whether internally or externally, help ensure that the FDA is supposed to be a regu- that our government operates efficiently, ef- Mr. WARNER. Mr. President, I ask fectively, and in the best interest of the lator, not a facilitator. unanimous consent that the order for American people. FDA employees need to I am also afraid he will allow FDA the quorum call be rescinded. hear from the leader of the agency that they management to continue pressuring The PRESIDING OFFICER. Without can freely voice their concerns without fear FDA scientists to change their findings objection, it is so ordered. of reprisal. or conclusions and to approve the prod- HONORING SENATORIAL SERVICE ORGANIZATIONAL CHALLENGES ucts despite concerns about the safety Mr. WARNER. Mr. President, I have The GAO report released on April 21, 2006, and efficacy of the product. Dr. Von had the privilege of being here for the calls for long overdue reform at the FDA. Eschenbach is not prepared to provide 28th year beginning shortly. I cal- Under the current FDA review system, pa- the leadership necessary to restore culated not long ago that I have served tient safety takes a back seat to the fast ap- confidence in the FDA. with 261 individuals. I am not about to proval of products. For example, the drug Given these concerns, I hope my col- try and review all of the many magnifi- safety office, now known as the Office of Sur- leagues will take them in consider- veillance and Epidemiology, is under the cent friendships I am privileged to thumb of the Office of New Drugs (OND), ation before they vote. I intend to vote have through these years. Indeed, if which is hampered by real and perceived con- no. I hope my colleagues will so that one looks at the rewards, of which flicts of interest. According to the GAO re- we can have a person in this position there are many serving in this historic port, the drug safety office is under-funded, who will change the culture but also institution, the Senate, it is the per- lacks independence and lacks decision-mak- cooperate with the constitutional re- sonal bonds, the friendships that we so ing responsibility. OND—which is respon- sponsibilities of the Congress of the firmly cement and that will last a life- sible for approving or disapproving drug ap- United States to oversee the executive time as a consequence of our duties of plications in the first place—is the office re- branch. sponsible for taking regulatory actions re- serving the United States of America lated to the safety of drugs already on the I yield the floor. and in our respective States. market, not the drug safety office. The PRESIDING OFFICER. The Sen- We are called ‘‘United States’’ Sen- To improve the decision-making process ator from Wyoming is recognized. ators. I often believe it is the first obli- for postmarket drug safety, the GAO has rec- Mr. THOMAS. Mr. President, I would gation, our Nation, the Republic for ommended that Congress expand the FDA’s like to take just 5 minutes as in morn- which it stands. authority to require drug companies to con- ing business. GEORGE ALLEN duct postmarket studies when additional The PRESIDING OFFICER. Without For my colleague now of 6 years, data is needed. A number of us in Congress objection, it is so ordered. have repeatedly asked the FDA what addi- GEORGE ALLEN, this will be his last tional authorities and/or resources are need- GRATITUDE FOR EXPRESSIONS OF CONCERN service as a Senator as this brief ses- ed to enable the agency to achieve its mis- Mr. THOMAS. Mr. President, I come sion closes. I have said it before, I will sion. In a related matter, during private to the Senate floor to express my grati- say it again and again, I rank him at meetings with FDA management, the need tude for the response I have gotten the very top of the 261 Senators I have to have pharmaceutical companies submit over the last month from my friends been privileged to serve with these their applications for new drugs and other and neighbors in the Senate. requests electronically comes up repeatedly many years. as critical to improving the efficiency and As many of you know, about on elec- In fact, I have looked back at the his- effectiveness of the FDA. Yet, the FDA con- tion day I was diagnosed with leu- tory of Virginia and would like to note tinuously denies the need for greater author- kemia, and I have spent the last month for the record that my colleague, ity and resources. Why the FDA is resisting in the hospital. I got out last Saturday, GEORGE ALLEN, is one of only five Vir- such offers from Congress is a mystery to and I am now back on the job, and I am ginians to have served in the Virginia me. very delighted to do that. Certainly General Assembly, as Governor, as a LACK OF LEADERSHIP Susan and I wish to express our real Member of the House of Representa- The FDA has been without a permanent thank-you for all the comments and tives; and as a U.S. Senator—the first leader more often than not in recent years. contacts, expressions of hope, and in more than 150 years of our State’s The agency needs and deserves a strong, per- prayers we have gotten from the Mem- history. manent Commissioner who is unequivocally bers in the Senate. It is very meaning- Together, we have shared a long his- committed to the scientific process and can ful. It is the first time I have been tory of serving the people of Virginia— make the administrative reforms necessary to ensure greater transparency and account- through a thing of this kind, and I can I as a Senator and he as a member of ability. While you are not the permanent tell you that it means a great deal. We the Virginia House of Delegates, House Commissioner of the agency, you are never- also got literally hundreds of com- of Representatives, Governor, and U.S. theless in the position, as Acting Commis- ments from our voters in Wyoming. So Senator. I remember participating in

VerDate Aug 31 2005 06:39 Dec 08, 2006 Jkt 059060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\A07DE6.009 S07DEPT1 hmoore on PROD1PC68 with HMSENATE S11426 CONGRESSIONAL RECORD — SENATE December 7, 2006 his first campaign and all the succes- portant to Virginians, and I think to you took your own salary and you sive campaigns. GEORGE ALLEN served most Americans, first and foremost the bought school supplies which were nec- the Commonwealth of Virginia in pub- preservations of our freedoms, a strong essary for teaching and the profession lic office for 25 years. How well I know. national defense, a right to work, to you are in, you get a $250 above the I campaigned for him when he ran for hold a job and to compete fairly, to line deduction—a small amount of the State legislature, then for the Con- hold that job and to advance, to have a money, but a great sense of satisfac- gress, then for Governor, and he won system of health care that did not tion. those elections handily. Then he ran serve only those more affluent than GEORGE has been a strong member of for the Senate. It was a tough race. others but would serve any individual the Commerce and Foreign Relations Tough because he was up against a who suffered from pain or the need for Committees seeking to make our na- very able opponent, a man whom I ad- medical attention. tion a better place for business, ulti- mire, a man with whom I have served We have joined together in countless mately creating more economic oppor- with in this Chamber. But the voters of efforts for Virginia’s communities; tunity for all Americans. Virginia—and therein rests the final helping to fund museums, youth cen- We joined together after the tragic decision—sent GEORGE ALLEN to the ters, innumerable infrastructure events of September 11, 2001, to try to Senate where I believe he has served projects, and research at our colleges help the people of Northern Virginia with great distinction. and universities. We also worked to- and indeed all America respond and re- I have been privileged to share the gether on the Teacher Tax Relief Act. cover. warmth and vigor of this magnificent I am very hopeful if we pass this tax We worked on behalf of the men and man with his lovely wife Susan and package, there will be a provision that women of the Armed Forces. How their children, Tyler, Forest, and GEORGE and I worked on together for proud we are in the Commonwealth of Brooke. What a privilege, a joy for me many years, to be extended in statute; Virginia of the extensive number of to see them as they have grown nour- and that is, the Teacher Tax Relief bases and institutions of the U.S. mili- ished by the love of two strong parents. Act. I will never forget, I was down vis- tary which we are privileged to have. In 1981 he was elected to the Virginia iting a small school. And as is so often There is no greater responsibility of House of Delegates to the seat once the case, you are rushed through, and the Congress of the United States than held by his philosophical inspiration, the teachers and the principal want its specific—specific—obligation under Thomas Jefferson. Throughout his ca- you to meet as many students as you the Constitution. As my great teacher reer in public office, GEORGE ALLEN has possibly can. It is always quite inter- and mentor, Senator BYRD, so often has consistently been guided by that same esting to do that. told me, that is to provide for the care I remember I was rushed into one inspiration of smaller government and and the welfare, and to raise the ar- class, and I think they were first grad- individual freedom. He has also been mies and maintain the navies that this driven by the thoughts of two other ers. They were all sitting on the floor, Nation requires. GEORGE ALLEN has and the principal said: You have a few leaders important to him; Ronald been a partner with me as we have minutes. So I started talking away, Reagan who said ‘‘If not us who, if not done those things for these many and I asked the first graders: Is there a now when?’’ and his father who always years. told him ‘‘The future is now.’’ question you might have? And this ab- In life we go through a series of Throughout his career in public serv- solutely magnificent little girl, who stages. We are raised and nurtured by ice GEORGE has worked as an advocate sat there riveted to every word I spoke, our parents, receive an education, raise of economic development, recruiting looked up and said: Yes. My question a family of our own, and serve in var- companies to Virginia and espousing is, how much longer must we sit here ious careers. GEORGE LLEN policies to create jobs. As Governor, he until the Senator comes? Well, you A and his oversaw the creation of 312,000 new jobs don’t forget those things. And I had family have been public servants to the in Virginia by making the Common- difficulty answering the question, I was people of Virginia and America for the wealth a better place to do business. He so taken aback. I felt I was universally past 25 years. The people have been for- reformed the parole system to keep re- recognized, but it is not the case in the tunate to have such a dedicated Dele- peat offenders off our streets and out of first grade. gate, Congressman, Governor, and U.S. our neighborhoods. His welfare reform Then I was in another classroom, and Senator. I am proud to have served set the stage for the Congress to act to for some reason I—I went through with this man and to call him my help people get back on their feet and basic engineering school, and I have al- friend all these years. Therefore, I bid get back to work. He implemented the ways been interested in pencils and him a fond farewell from this institu- Standards of Learning in our schools to writing instruments—and I saw a pen- tion. But I look forward to working make sure all of our children receive cil, a rather fancy one, and I picked it with him as he goes on and accepts the same quality education. up, and the teacher saw that I liked it, challenges perhaps even greater than I remember well our first effort to- and she said: Take it. Keep it. I said: the ones he had in the years that he so gether when he came to the Senate in Oh, no, I don’t take any gifts or any- loved serving in this Chamber. 2001. As is often the case here in the thing. You know, we have rigid rules in The people of Virginia spoke, and Senate, there had been some problems the Senate, and nobody is going to GEORGE ALLEN, with great courage, confirming a federal judge who was ul- bribe me with a pencil. And she said: took that decision and quickly said: I timately recess appointed in late 2000. Oh, please, please, please. It is not understand. He accepted it and has We came together and worked with the school property. I said: Oh? She said: gone on about his business. President to bring his nomination back Yes. Senator, you must understand I would also like to pay tribute to to the Senate and as a result, Judge that as teachers—and this is prevalent nine other United States Senators who Roger Gregory was confirmed by the not only in Virginia but it is prevalent will retire from the Senate in the com- Senate to become the first African all across the land, particularly among ing days. American seated on the Fourth Circuit teachers in the elementary grades—we I have previously spoken in honor of of the U.S. Court of Appeals. have to take part of our own salary to my colleague from the neighboring We were working partners. We shared buy what we deem are the essential state of Maryland, Senator PAUL SAR- everything—our staffs work together, tools that are needed to educate our BANES. Since my first days in the Sen- our wives work together—and we criss- students. ate, Senator SARBANES and I worked crossed this State from one end to the Well, I just could not believe this, be- together on a host of important re- other over those 6 years. When either cause teachers are not among the more gional initiatives, including: the res- GEORGE ALLEN or I felt, for whatever well paid. So GEORGE ALLEN and I toration of the Chesapeake Bay; im- reason, we could not keep an appoint- fought for years to get the Teacher Tax provements to our Metro system; the ment somewhere in the State, one Relief Act signed into law. It is on the creation of the office of the National would fill in for the other. books, and we need to extend it, and I Capital Region Coordinator; and on We were quite parallel in our think- am optimistic that will be done. But it funding for the construction of the new ing, the philosophy, the things so im- simply says, if you can establish that Woodrow Wilson bridge. His retirement

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And he said: Here we are, a couple waste, that plague our urban areas. ments to salute our majority leader— of lowly captains, and now it is our re- This law is already producing results in Senator FRIST—as well as Senators sponsibility. Let’s square our jaws and improving neighborhoods and bringing CHAFEE, BURNS, SANTORUM, DEWINE, stick out our chins, get this job done, new industries back to urban areas. JEFFORDS, TALENT, and DAYTON. Each and provide the leadership that these Senator CHAFEE was also a leading and every one of these U.S. Senators men and women of the Armed Forces voice in fostering bipartisanship in the has served his State and his country so richly deserve. Senate, and was an active member of with great distinction. John Chafee was an absolute teacher our informal group of Senators known Without a doubt, I could speak at- and mentor of mine in every way dur- as the Gang of 14. We were a group of length in honor of each of these out- ing those years we worked together in seven Republicans and seven Demo- standing individuals. In light of time the Department of Defense. He would crats, but we had no formal standing in constraints, however, and the fact that take his trip to Vietnam. I would stay the Senate. We would meet regularly so many of my colleagues wish to simi- back and man the store. He would re- to share our thoughts on judicial nomi- larly pay tribute, I shall endeavor to turn, and I would take my trip. We had nees pending on the Senate Calendar to keep my remarks brief. problems throughout the world. It was ensure that the Senate could continue First, I would like to say a few words in the middle of the Cold War with the its responsibilities under article II, sec- about our distinguished majority lead- Soviet Union. John Chafee was a mag- tion 2, of the U.S. Constitution—the er, Senator BILL FRIST. You know, in nificent man. He had been Governor of advice and consent clause. Senator this post-September 11, 2001, world, we the State of Rhode Island three times, CHAFEE was an integral part of this ef- think of national security as the most and he was a magnificent leader of the fort which allowed candid and respect- important issue of the day. Certainly, men and women of the Armed Forces. ful discussions of the qualifications of BILL has worked hard in that area over He decided that he was going to move individuals to serve in the federal judi- the years—not only as majority leader on and consider running for the Senate, ciary and prevented the continued use but as a hard-working member of the and resigned, and I succeeded him then of party-led filibusters on judicial Senate Foreign Relations Committee. as Secretary. But I never lost the feel- nominees except in extraordinary cir- But, right behind national security ing that he was right there, should I cumstances. comes the issue of the health of our need him to help carry out my duties. LINC CHAFEE will be remembered in citizens, and BILL FRIST has been at And then, as luck and good fortune this institution for his independence. the forefront of every major piece of would have it, he came to the Senate, We all fight to try to maintain that health care legislation during his 12 and not too many years thereafter I independence. We are respectful of our years in the Senate. came to the Senate and once again party leadership. We are respectful of Whether it has been ensuring that joined him. our party affiliations. We know the de- America’s seniors have access to a I will never forget my first day in the mands of our State. But there are sorely needed Medicare prescription Senate he came up to me and said: Do drug benefit or whether it has been his you remember I was Secretary and you times when we feel we must act and efforts to encourage the use of new were Under Secretary? I said: Yes, sir. make decisions that reflect our own in- technology in medicine so that the He said: Well, that’s the way it’s going nermost feelings of independence, and knowledge of one doctor in one part of to be here for a while. You listen to LINCOLN CHAFEE will be remembered the world could help a doctor and a pa- what I say and what I do, and I will for that. As Senator CHAFEE prepares to de- tient in another part of the world, BILL give you some advice as we go along. part the Senate, I thank him for his FRIST has improved the healthcare sys- That was the kind of man he was. I tem for all Americans. never heard him speak a harsh word meaningful contributions to the Sen- The Senate will no doubt miss BILL about any other colleague. But he ate, and wish him, his wife Stephanie, FRIST’s leadership, but I have no doubt achieved his special niche in this insti- and his children, Louisa, Caleb and that his public service will continue, tution through his absolute love for Thea, ‘‘fair winds and following seas.’’ particularly his heartfelt healthcare the environment as well as the men Now, Mr. President, I wish to say a work in impoverished areas of the and women of the Armed Forces. Those few words about CONRAD BURNS. Sen- world. I wish him, and his magnificent were the two things on which he ator CONRAD BURNS has an impressive wife Karen all of the best in their fu- worked. And as luck would have it, his record of public service, beginning with ture. son came to join us, and he has so his service in the U.S. Marine Corps Now, I will speak a few words about many of those magnificent attributes from 1955 to 1957. CONRAD has served our colleague LINCOLN CHAFEE. I have of his father and his mother. An abso- the great State of Montana with dis- known the Chafee family for many lutely magnificent human being, his tinction in the U.S. Senate since 1989. years, and count the late John Chafee mother, and all his family, as a matter I will never forget when his first and his wife Virginia as my dearest of fact. campaign came along, I was asked to friends. It is my honor to share with my col- go out and campaign with him. I ac- The year was 1969, this country was leagues some of the important accom- knowledged I would do it. I didn’t know engulfed in a war in Vietnam, and I plishment of LINCOLN CHAFEE during him, so I went on out to Montana. I was privileged to be asked to serve as his 7 years as a member of this body, had been in Montana in earlier years. I Under Secretary of the Navy. I was and to personally express my apprecia- had been actually an employee of the told that the Secretary of the Navy, tion for his service to our country. U.S. Park Service and had been a fire- who would be my boss one step up, Senator LINC CHAFEE came to the fighter out in Montana in 1943 and then would be a man named John Chafee, Senate from local government serving again in 1947, I think it was. former Governor of the State of Rhode on the city council and later as mayor Most recently, in August I toured Island. of Warwick. I believe it is this experi- Malmstrom Air Force Base with Sen- I will never forget we both served in ence of leading a major city that so- ator BURNS. On this tour, I saw first- the Marines, at different times. He was lidified his commitment to fiscal re- hand the love and pride that Senator a captain and I was a captain in the sponsibility. In his service in the Sen- BURNS has for the people of his State. Marine Corps Reserve, and we met on a ate he was steadfast in his belief to re- As a senior member of the Senate De- cold day in February outside the Pen- store controls on the federal budget fense Appropriations Subcommittee, he tagon, shook hands, and walked up- and to promote responsible government has worked tirelessly for the men and stairs. And there we were greeted by spending. women in the Armed Forces. the Commandant of the Marine Corps We were privileged to serve together And old CONRAD—he embodies all of and the Chief of Naval Operations. on the Committee on Environment and those great qualities of Montana. Talk

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In conclusion, over the years I have a room and he would tell a story, talk While Senator JEFFORDS legislatively served with each of these 10 Senators, to his people. had many interests, I believe that im- each has not only been a trusted col- He loves every square foot of that proving the education of our children, league, each has also been my friend. I State. And I shall miss him. I shall particularly children with special will miss serving with each of them in dearly miss CONRAD BURNS. We have to needs, is the issue most dear to his the Senate but know that each will have a few characters around here who heart. I remember him time and time continue in public service in some ca- do our duties and accept our daily again on the floor of the United States pacity. I wish each and every one of bread, and he is one. And you could Senate pushing for increased funding them well in the years ahead. kind of go to the bank on what he told for the Individuals with Disabilities Mr. President, I see a number of col- you. He was never at a loss for telling Education Act, IDEA. And, I remember leagues here anxious to speak, and I a story to cheer up a colleague. When- joining him, and others, in pushing have taken generously of the time the ever he felt that colleague was a bit hard for mandatory IDEA funding after Presiding Officer has allowed me to down, CONRAD would cheer that col- it became clear that the Congress speak. league up. He and his lovely wife and would be unable to fulfill its funding I yield the floor. The PRESIDING OFFICER. The Sen- family will go on to other challenges. commitment through the discretionary Senator RICK SANTORUM has an im- ator from Florida is recognized. funding process. While, to date, we Mr. NELSON of Florida. Mr. Presi- pressive record of public service. Sub- have not achieved full funding, it is sequent to his service in local and state dent, I am mindful that the majority without question that JIM JEFFORDS’ leader will be coming here in approxi- government, he was elected to the Senate career has left a lasting, posi- United States House of Representa- mately 6 minutes to speak, and I am tive imprint that will improve Amer- looking forward to his comments. tives. In 1994, RICK was elected for the ica’s education system for years to Mr. President, I want to say that one first time to the United States Senate. come. of the great delights of being a part of From his first day in the Senate until Over the past 4 years, I have been for- the Senate is to sit at the knee of such 2002 we had the opportunity to serve tunate to have been given the oppor- great leaders, such as the senior Sen- together on the Senate Armed Services tunity to work closely with JIM TAL- ator from Virginia, and to learn from Committee. Throughout his time on ENT on the Senate Armed Services him and to hear the stories that so that Committee, and since he left the Committee. Since his first day on the often he can weave into any cir- Committee, RICK could always be Committee—JIM TALENT has been one cumstance that is facing us, that has counted on for his deliberate and rea- of the hardest working Committee some application of a story he had en- soned decisionmaking to ensure the members. countered in the past. I thank him for best possible policies for the men and As chairman of the Seapower Sub- his leadership. I thank him for his con- women in the armed forces. Since 2001, committee, Senator TALENT has been tribution. And I thank him for being a Senator SANTORUM has also played an at the forefront of the Committee’s ef- mentor to so many of us in this Senate. important role in the Senate leadership forts to strengthen the Navy’s ship- WATER RESOURCES DEVELOPMENT ACT as Republican conference chairman. As building program, working closely with Mr. NELSON of Florida. Mr. Presi- conference chairman, Senator the Chief of Naval Operations in the dent, in the remaining moments here, I SANTORUM has tirelessly represented formation of the CNO’s plan for a 313- want to say one of the things this Sen- the Republican Party as the party ship Navy. He showed steadfast deter- ator will address in the next Congress spokesman. There is no doubt in my mination in working with the adminis- is the fact that we did not pass a Water mind that RICK SANTORUM’s passion, tration and the Congress to secure the Resources Development Act, which has enthusiasm, and leadership will be funding required to build the future so many important projects for this missed here in the Senate. Navy; spearheading the effort to raise Nation. We have not had a Water Re- Senator MIKE DEWINE has been in the top-line for shipbuilding by over 20 sources Development Act bill since public service nearly his entire adult percent during the course of his tenure 2000, and we are suffering for it. life. He was an assistant prosecuting as Seapower Chairman. As to this great ecological restora- attorney, he has held various state Senator TALENT has also been pas- tion project down in my State, the elected positions, he was a member of sionate in his support for the needs of Florida Everglades Restoration the U.S. House of Representatives, and our brave men and women in uniform; Project, there are two critical projects most recently, since 1995, he has served championing quality-of-life and qual- in this WRDA bill—the Indian River the state of Ohio in the U.S. Senate. I ity-of-service initiatives. Most notably, Lagoon and the Picayune Strand. The am pleased to have served on the HELP he has been a strong advocate for legis- Indian River Lagoon is a 156-mile-long Committee with Senator DEWINE lation that will put an end to preda- estuary that I grew up on as a boy. It where we worked together on various tory lending practices against military runs from basically just north of Cape children’s health issues. There is not a personnel and their families. Canaveral all the way south to Palm bigger champion of children’s health Senator DAYTON was elected to the Beach County. It has been altered by than Senator DEWINE. Senator DEWINE Senate in 2000, and throughout his unnaturally large and poorly timed was also an instrumental member with years in the Senate I have had the freshwater discharges arising out of me on the Gang of 14. Throughout his privilege of serving with him on the the St. Lucie Canal. They have altered years in the Senate, Senator DEWINE Senate Armed Services Committee. As the water quality and depleted the has proven to be a thoughtful, highly a hard-working member of that Com- water supplies in the Everglades eco- respected member who has always been mittee, MARK was a strong advocate system. So that is one project that is willing to do what is right. In my view, for our armed forces. Notably, he was a going to be necessarily addressed in the he is a true statesman. strong supporter of increasing the new Congress. There are many compo- From 1956 to 1959, Senator JIM JEF- death benefit gratuity for survivors of nents to that project. The Everglades FORDS served in the United States deceased members of the Armed Forces restoration is an $8 billion project over Navy. He later served in the Naval Re- from a little more than $12,000 to 20 years, shared by the Federal and the serves. In 1989, after JIM had served the $100,000. Thanks in part to his efforts, State governments. citizens of Vermont in State positions this increased death benefit gratuity is The other major project—I will close and in the United House of Representa- now law. with this—is the Picayune Strand res- tives, JIM was elected to the United Senator DAYTON also reached across toration project. It is going to remove States Senate. In the Senate, I have the aisle and worked closely with me in roads and canals and other infrastruc- been pleased to work closely with him, support of efforts to provide Medicare ture to increase freshwater flows. It en- particularly in serving with him on the beneficiaries with a prescription drug compasses 94 square miles in Collier

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I the very beginning: Emily Reynolds, planet Earth and protecting this very came as a citizen legislator with abso- Ramona Lessen, Bart VerHulst, Cornell fragile ecosystem. lutely no, no political experience. I was Wedge, Mark Winslow, and Carol Bur- BUILDING CONSENSUS a doctor. I spent 20 years in the profes- roughs. I thank my series of chiefs of Mr. NELSON of Florida. I thank my sion of healing. In my acceptance staff: Mark Tipps, Lee Rawls, Howard colleagues for allowing me the time. As speech back 12 years ago, I pledged at Liebengood, Eric Ueland, Andrea Beck- we are awaiting the majority leader to that time to my fellow Tennesseans er, Bart, and Emily, and all those who arrive, I might say that since many that Karyn and I would go to Wash- have come in and out of these doors Senators are here, I want them to ington, that we would serve for 12 since that very first day 12 years ago know what a great privilege it has been years, for a limited amount of time, when, yes, I, like somebody every for this Senator to serve with each of and that we would go back to Ten- cycle, was 100th in seniority. It is the you and to serve in a bipartisan way. nessee and live under the laws that we staff that puts the needs of this coun- One of the messages of this election I helped enact. And that is exactly what try before their own needs. And with a have just come through is that people we will do. We are going to go back to lot of hard work and a lot of passion do not want this partisan bickering Tennessee in a few weeks, and I am and a lot of hope, they have accom- they have seen. They want us to come going to live in the very same house plished so much. together, to build consensus, to per- that I was born in 54 years ago. A few moments always stand out in form, and to do it in a bipartisan way. I still remember coming to the Hill my mind, and I will not recite all of This Senator is dedicated to doing that early on, and I know a number of new them, but a few do stand out in my from now on. colleagues are coming to the Hill. I mind, victories like the $15 billion in I yield the floor. think back, and my former chief of funding for global HIV/AIDS, which I Mr. REID. I suggest the absence of a staff, who was very green at the time— have seen firsthand the power in the quorum. I just told you how green I was at the hundreds of thousands and, indeed, I The PRESIDING OFFICER. The time—I remember standing right in would say millions of lives that have clerk will call the roll. front of the Capitol, and we had to stop been saved by American leadership The legislative clerk proceeded to somebody and ask: Where is this build- there; the prescription drugs for sen- call the roll. ing called the Russell Building? And iors; confirming John Roberts and Sam Mr. FRIST. I ask unanimous consent they told us. Luckily, I don’t think Alito. that the order for the quorum call be they knew who I was at the time. And through all of this time, we have rescinded. But I did come believing deeply in borne witness to days that have lit- The VICE PRESIDENT. Without ob- the promise that I had made. I believed erally changed the face of this Nation jection, it is so ordered. in my heart that with determination— and the face of this Capitol, things like f and I had seen it in surgery and in the the Capitol shootings, operating room—one can make a dif- September 11, anthrax and ricin, and FAREWELL TO THE SENATE ference in this world. Today, I look Katrina. But through all of that, we Mr. FRIST. Mr. President, about 2 back and I see that I was only half kept it the best way we could, with months ago, late Sunday afternoon, right. One person can make a dif- hard work and a lot of hope. when no one was around, I came into ference, and each of us do in our own I thank my colleagues who placed this Chamber to carry out a time-hon- ways. But to make a difference, we their faith in me to serve as their lead- ored tradition, nearly as old as the in- can’t do it alone. er. As I said four Decembers ago, when stitution itself. I came over to this I certainly couldn’t have done it you elected me, it was and has been desk and I opened the drawer and the without people who stood both behind ever since, every day, a very humbling tradition of carving your initials or me and with me over the last 12 years. experience. On that day 4 years ago I your name into the bottom of that I agree with all of my colleagues. I quoted Proverbs: In his heart a man drawer was carried out. As you open know they know Karyn. And, indeed, plans his course, but the Lord deter- these drawers, as many of us do when she has honored me by her unwavering mines his steps. we are sitting here listening and debat- love each step along the way. Her grace And what fulfilling steps have been ing, you tend to look at the names that in carrying out her official responsibil- afforded me as leader. I cannot let are there. I see Robert Taft at the bot- ities, her commitment to the develop- today pass without expressing grati- tom of this drawer, Hugh Scott, Ever- ment of character in our three boys, tude for the close friendships of people ett Dirksen, Howard Baker, Bob Dole, her moral support, her spiritual sup- who are here and some people who have TRENT LOTT, and the list goes on. And port for me and our family, she has passed through this Chamber: Howard with the quiet here, you begin to re- been that guiding river that has kept Baker, the great Republican leader flect a little bit. But then all of a sud- us on course as we traveled two very from Tennessee whose shoes as major- den you start thinking, as you are different professions occupations: that ity leader I have done my best to fill. carving your name into that drawer, of being a heart surgeon and that of He has counseled me over the years that there aren’t very many things serving as a U.S. Senator. both as a Senator and as leader. His that you leave that are permanent Our three boys most of you know as sage advice I have relied upon many around here, but that is one. well. You have watched them grow up times in those capacities. It confronted me, as it hits me with over the last 12 years: Bryan, Jona- You have to be very careful going such force today, that our time here, than, and Harrison. Obviously, we are around a room, but behind me, people indeed, is temporary, and that we are so proud of each of them. I will speak like PETE DOMENICI, who became a here to occupy these seats at these directly to them because they, as with mentor to me on that very first day in desks just for a period of time. We can anybody growing up, faced the huge 1995; and people like JOHN WARNER, never forget that we don’t own these challenges of growing up in public life, whom we saw in action just a few min- seats. We don’t own our presence in taking in stride the various swipes that utes ago on the floor and, yes, on the this U.S. Senate. It is with that rec- the media takes from time to time, but Gates nomination; and former Sen- ognition that I address my colleagues doing so with real dignity and ators, people like Don Nickles who so today. strength. The boys know that Ten- wisely set the stage for the Republican I have reflected a lot over the last nessee is home. They have been able to tax cuts of the last several years; my several weeks, and I think back to that take in the rich texture that is af- colleague and confidante, MITCH nonpolitician who came to this city, forded all of us as we raise children MCCONNELL, whose wisdom and service

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