[Congressional Record Volume 148, Number 117 (Tuesday, September 17, 2002)]
[House]
[Pages H6268-H6269]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                  CANDACE NEWMAKER RESOLUTION OF 2002

  Mr. BILIRAKIS. Mr. Speaker, I move to suspend the rules and agree to 
the concurrent resolution (H. Con. Res. 435) expressing the sense of 
the Congress that the therapeutic technique known as rebirthing is a 
dangerous and harmful practice and should be prohibited.
  The Clerk read as follows:

                            H. Con. Res. 435

       Whereas ``rebirthing'' is a form of ``attachment therapy'', 
     which is used to try to forge new bonds between adoptive 
     parents and their adopted children;
       Whereas Candace Newmaker, a child from North Carolina, died 
     from the rebirthing technique, and four other children have 
     died from other forms of attachment therapy;
       Whereas the American Psychological Association does not 
     recognize rebirthing as proper treatment; and
       Whereas many States have enacted or are considering 
     legislation to prohibit this technique: Now, therefore, be it
       Resolved by the House of Representatives (the Senate 
     concurring),

     SECTION 1. SHORT TITLE.

       This concurrent resolution may be cited as the ``Candace 
     Newmaker Resolution of 2002''.

     SEC. 2. SENSE OF CONGRESS REGARDING THERAPEUTIC TECHNIQUE 
                   KNOWN AS REBIRTHING.

       (a) In General.--It is the sense of the Congress that the 
     therapeutic technique known as rebirthing is dangerous and 
     harmful, and the Congress encourages each State to enact a 
     law that prohibits such technique.
       (b) Definition.--In this resolution, the term 
     ``rebirthing'' means a therapy to reenact the birthing 
     process in a manner that includes restraint and creates a 
     situation in which a patient may suffer physical injury or 
     death.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Florida (Mr. Bilirakis) and the gentleman from Ohio (Mr. Brown) each 
will control 20 minutes.
  The Chair recognizes the gentleman from Florida (Mr. Bilirakis).


                             General Leave

  Mr. BILIRAKIS. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days within which to revise and extend their 
remarks on this legislation, and to include extraneous material.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Florida?
  There was no objection.
  Mr. BILIRAKIS. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, today I rise in support of House Concurrent Resolution 
435, which does express the sense of the Congress that the therapeutic 
technique known as rebirthing is a dangerous and harmful practice that 
should be prohibited.
  Now, Mr. Speaker, a terrible story: in Colorado, a 10-year-old girl 
named Candace Newmaker died during a rebirthing session. Rebirthing is 
supposed to forge new bonds between adoptive parents and their 
children, and it involves wrapping the child in a sheet and covering 
him or her with pillows, often for more than an hour, to simulate the 
birthing process.
  During the procedure, Candace, who had been diagnosed with attachment 
disorder, told her therapist several times that she could not breathe. 
However, her therapist did not unwrap her, but told her to push harder 
to get out. Candace was rushed to a local hospital where she died the 
next day.
  Unfortunately, Mr. Speaker, Candace is not the only child to die and 
suffer from this practice. Four other children have died as a result of 
rebirthing therapy.
  The American Psychological Association does not recognize rebirthing 
as proper treatment for attachment disorders, and many States, 
including Colorado, have enacted legislation which makes it illegal to 
practice rebirthing therapy if restraints are involved or there is a 
risk of physical injury. Many other States have enacted or are 
considering legislation to prohibit this technique, as well.
  The Committee on Energy and Commerce unanimously approved the 
resolution before us on September 5; and we are very, very grateful to 
the gentlewoman from North Carolina (Mrs. Myrick) for introducing this 
resolution. It does encourage each State to enact a law that prohibits 
this potentially very deadly practice.
  Mr. Speaker, I urge my colleagues to support this important 
resolution, and I reserve the balance of my time.
  Mr. BROWN of Ohio. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, the gentlewoman from North Carolina (Mrs. Myrick) has 
introduced legislation inspired by the tragic death of the 10-year-old 
that the gentleman from Florida (Chairman Bilirakis) referred to as a 
result of what is commonly known as rebirthing therapy. This resolution 
expresses congressional opposition to this dangerous and deadly 
practice.
  This radical therapy has been used by some therapists to treat 
attachment disorder, most commonly seen in adopted children. The 
American Psychological Association and the National Council for 
Adoption and other organizations condemn this practice as fraudulent 
and as dangerous. In addition to the risk of death by asphyxiation, 
psychologists say it can further damage already-troubled children.
  Our committee, the Committee on Energy and Commerce, supported this 
important resolution. I urge my colleagues to do the same today.
  Mr. Speaker, this body brings a variety of resolutions to the floor 
coming out of the Subcommittee on Health, almost all of which I 
support, almost all of which are positive.
  I wish, however, Mr. Speaker, that we would do a little bit more in 
terms of trying to rein in prescription drug prices. I look at 
legislation like this, which is important; but we should be using this 
time on the floor also to pass legislation like that which the 
gentlewoman from Missouri (Mrs. Emerson), a Republican, and I, a 
Democrat, have introduced, which is the GAAP bill, H.R. 1862.
  I have introduced similar legislation with the gentleman from 
California, H.R. 5272, to deal with the problem of drug pricing. It is 
a bill the other body has passed. It would stop the gaming of the 
patent system by the drug companies whereby they have been able to 
extend their patents by cutting deals

[[Page H6269]]

with generics, by in some cases using private lawsuits, using the court 
system.
  Our legislation would save $60 million to consumers over the next 10 
years. It is something that our committee should do and that this body 
should do.
  While the chairman, the gentleman from Florida (Mr. Bilirakis), has 
always been so helpful in bipartisanly working on a lot of these 
issues, the Republican leadership has not been so helpful. I would hope 
that as we work on these resolutions, as on the resolution of the 
gentlewoman from North Carolina (Mrs. Myrick), which I support, House 
Concurrent Resolution 435, that we would also work on legislation like 
H.R. 5272, which has bipartisan sponsors, but on which, because of the 
opposition of the drug industry, Republican leadership, who are much 
too close to the drug industry, much too aligned to the drug industry 
with drug industry contributions and political support, has failed to 
step forward.
  I would hope as we pass this bill today that perhaps tomorrow we can 
work on such legislation, on which we are going to do a discharge 
petition, I would add parenthetically, this week, Mr. Speaker, and pass 
legislation to stop the gaming of the patent system, as we pass 
legislation like we are today.
  Mr. Speaker, I reserve the balance of my time.
  Mr. BILIRAKIS. Mr. Speaker, to stay on the point of the legislation 
before us now, I yield such time as she may consume to the gentlewoman 
from North Carolina (Mrs. Myrick), the author of the legislation.
  Mrs. MYRICK. Mr. Speaker, I thank the gentleman for yielding me this 
time and for bringing this bill forward today.
  I do come in support of H. Con. Res. 435, the Candace Newmaker 
Resolution of 2002. I introduced this resolution in July to honor a 
little girl from North Carolina who lost her life tragically because of 
voodoo science called rebirthing. She was a beautiful 10-year-old girl, 
her whole life ahead of her; and she died tragically in April of 2000 
because she was forced to take part in a rebirthing therapy session. 
Candace had been adopted out of the foster care system by a single 
woman; and like any child would, she missed her parents and her 
siblings, and her adoptive mother claimed that she and Candace were not 
``bonding'' properly.
  While searching the Internet for help, Candace's adoptive mother 
discovered ``reactive attachment therapy.'' It is a disorder treatment, 
a clinical term for what folks see as a child's ability to bond with 
new adoptive parents.
  A therapist, who never even met Candace, diagnosed her with this 
disorder; and her mother took her to Colorado for treatment. A radical 
attachment-disorder therapist was paid $7,000 for a 2-week course of 
treatment for Candace. This was not a licensed psychiatrist or a 
licensed psychologist. The supposed therapist's highest degree was a 
master's in social work.
  After a few days of other attachment therapy, the therapist thought 
that Candace was ready for the rebirthing therapy. This was supposed to 
simulate Candace's trip through the birth canal and would symbolically 
deliver her to her adoptive mother and erase her natural birth 10 years 
ago.
  The therapist and her assistant, along with two other helpers, 
wrapped Candace tightly in a flannel blanket and covered her with eight 
cushions. Then the four adults put their combined weight of 673 pounds 
on Candace's 70-pound body, bounced on her and squeezed her to simulate 
contractions. During the 70-minute procedure, the adults taunted 
Candace to try to fight her way out of the cocoon. Ten minutes into the 
procedure, Candace begged to be let out because she could not breathe. 
Her sobs and her pleas were ignored, and she was even told to go ahead 
and die by the therapist. Candace continued to cry for her life for 30 
more minutes.
  Forty minutes into the procedure, she spoke her last word, ``no.'' 
The adults continued to sit on her and taunt her for 30 more minutes. 
When they finally unwrapped Candace, she was dead. Her adoptive mother 
had witnessed the entire episode, and the therapist had even videotaped 
the procedure which was used against her in a court of law. She and her 
assistant were convicted of reckless child abuse resulting in death and 
were sentenced to 16 years each.
  Colorado has since passed a law to outlaw this horrendous practice; 
and other States, including my State of North Carolina, will hopefully 
do so soon. The resolution I introduced, H. Con. Res. 435, would 
express the sense of Congress that this ``rebirthing'' therapy is 
dangerous and should be prohibited. This therapeutic technique is not 
recognized by any professional psychological groups, and many have 
specifically denounced the practice, including the American 
Psychological Association, the American Psychiatric Association, the 
Judge David Bazelon Center for Mental Health, and the National Council 
for Adoption. I encourage all States to outlaw this voodoo science and 
prevent another tragedy from happening.
  Candace's grandparents, David and Mary Davis, who are my constituents 
and who are here today, have been tireless advocates for outlawing this 
procedure. They do not want their granddaughter to have died in vain.
  I ask my colleagues to join me in passing this resolution to ensure 
States to outlaw this procedure.
  Mr. BROWN of Ohio. Mr. Speaker, I have no further requests for time, 
and I yield back the balance of my time.
  Mr. BILIRAKIS. Mr. Speaker, I have no further requests for time, and 
I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Florida (Mr. Bilirakis) that the House suspend the rules 
and agree to the concurrent resolution, H. Con. Res. 435.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds of 
those present have voted in the affirmative.
  Mr. BILIRAKIS. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.

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