[Congressional Record Volume 152, Number 134 (Thursday, December 7, 2006)]
[Senate]
[Pages S11442-S11451]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                      COMBATING AUTISM ACT OF 2006

  Mr. SANTORUM. Mr. President, I ask the Chair lay before the Senate a 
message form the House of Representatives on the bill (S. 843) to 
combat autism through research, screening, intervention and education.
  The PRESIDING OFFICER laid before the Senate the following message 
from the House of Representatives.

                                 S. 843

       Resolved, That the bill from the Senate (S. 843) entitled 
     ``An Act to amend the Public Health Service Act to combat 
     autism through research, screening, intervention and 
     education'', do pass with the following amendment:
       Strike out all after the enacting clause and insert:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Combating Autism Act of 
     2006''.

[[Page S11443]]

     SEC. 2. CENTERS OF EXCELLENCE; IMPROVING AUTISM-RELATED 
                   RESEARCH.

       (a) Centers of Excellence Regarding Research on Autism.--
     Section 409C of the Public Health Service Act (42 U.S.C.284g) 
     is amended--
       (1) in the section heading, by striking ``autism'' and 
     inserting ``autism spectrum disorder'';
       (2) by striking the term ``autism'' each place such term 
     appears (other than the section heading) and inserting 
     ``autism spectrum disorder''; and
       (3) in subsection (a)--
       (A) by redesignating paragraph (2) as paragraph (3); and
       (B) by striking paragraph (1) and inserting the following:
       ``(1) Expansion of activities.--The Director of NIH (in 
     this section referred to as the `Director') shall, subject to 
     the availability of appropriations, expand, intensify, and 
     coordinate the activities of the National Institutes of 
     Health with respect to research on autism spectrum disorder, 
     including basic and clinical research in fields including 
     pathology, developmental neurobiology, genetics, epigenetics, 
     pharmacology, nutrition, immunology, neuroimmunology, 
     neurobehavioral development, endocrinology, gastroenterology, 
     and toxicology. Such research shall investigate the cause 
     (including possible environmental causes), diagnosis or rule 
     out, early detection, prevention, services, supports, 
     intervention, and treatment of autism spectrum disorder.
       ``(2) Consolidation.--The Director may consolidate program 
     activities under this section if such consolidation would 
     improve program efficiencies and outcomes.''.
       (b) Centers of Excellence Generally.--Part A of title IV of 
     the Public Health Service Act (42 U.S.C. 281 et seq.) is 
     amended by adding at the end the following:

     ``SEC. 404H. REVIEW OF CENTERS OF EXCELLENCE.

       ``(a) In General.--Not later than April 1, 2008, and 
     periodically thereafter, the Secretary, acting through the 
     Director of NIH, shall conduct a review and submit a report 
     to the appropriate committees of the Congress on the centers 
     of excellence.
       ``(b) Report Contents.--Each report under subsection (a) 
     shall include the following:
       ``(1) Evaluation of the performance and research outcomes 
     of each center of excellence.
       ``(2) Recommendations for promoting coordination of 
     information among centers of excellence.
       ``(3) Recommendations for improving the effectiveness, 
     efficiency, and outcomes of the centers of excellence.
       ``(c) Definition.--In this section, the term `center of 
     excellence' means an entity receiving funding under this 
     title in its capacity as a center of excellence.''.

     SEC. 3. DEVELOPMENTAL DISABILITIES SURVEILLANCE AND RESEARCH 
                   PROGRAM.

       (a) In General.--Title III of the Public Health Service Act 
     (42 U.S.C. 241 et seq.) is amended by adding at the end the 
     following:

                 ``PART R--PROGRAMS RELATING TO AUTISM

     ``SEC. 399AA. DEVELOPMENTAL DISABILITIES SURVEILLANCE AND 
                   RESEARCH PROGRAM.

       ``(a) Autism Spectrum Disorder and Other Developmental 
     Disabilities.--
       ``(1) In general.--The Secretary, acting through the 
     Director of the Centers for Disease Control and Prevention, 
     may award grants or cooperative agreements to eligible 
     entities for the collection, analysis, and reporting of State 
     epidemiological data on autism spectrum disorder and other 
     developmental disabilities. An eligible entity shall assist 
     with the development and coordination of State autism 
     spectrum disorder and other developmental disability 
     surveillance efforts within a region. In making such awards, 
     the Secretary may provide direct technical assistance in lieu 
     of cash.
       ``(2) Data standards.--In submitting epidemiological data 
     to the Secretary pursuant to paragraph (1), an eligible 
     entity shall report data according to guidelines prescribed 
     by the Director of the Centers for Disease Control and 
     Prevention, after consultation with relevant State and local 
     public health officials, private sector developmental 
     disability researchers, and advocates for individuals with 
     autism spectrum disorder or other developmental disabilities.
       ``(3) Eligibility.--To be eligible to receive an award 
     under paragraph (1), an entity shall be a public or nonprofit 
     private entity (including a health department of a State or a 
     political subdivision of a State, a university, or any other 
     educational institution), and submit to the Secretary an 
     application at such time, in such manner, and containing such 
     information as the Secretary may require.
       ``(b) Centers of Excellence in Autism Spectrum Disorder 
     Epidemiology.--
       ``(1) In general.--The Secretary, acting through the 
     Director of the Centers for Disease Control and Prevention, 
     shall, subject to the availability of appropriations, award 
     grants or cooperative agreements for the establishment of 
     regional centers of excellence in autism spectrum disorder 
     and other developmental disabilities epidemiology for the 
     purpose of collecting and analyzing information on the 
     number, incidence, correlates, and causes of autism spectrum 
     disorder and other developmental disabilities.
       ``(2) Requirements.--To be eligible to receive a grant or 
     cooperative agreement under paragraph (1), an entity shall 
     submit to the Secretary an application containing such 
     agreements and information as the Secretary may require, 
     including an agreement that the center to be established 
     under the grant or cooperative agreement shall operate in 
     accordance with the following:
       ``(A) The center will collect, analyze, and report autism 
     spectrum disorder and other developmental disability data 
     according to guidelines prescribed by the Director of the 
     Centers for Disease Control and Prevention, after 
     consultation with relevant State and local public health 
     officials, private sector developmental disability 
     researchers, and advocates for individuals with developmental 
     disabilities.
       ``(B) The center will develop or extend an area of special 
     research expertise (including genetics, epigenetics, and 
     epidemiological research related to environmental exposures), 
     immunology, and other relevant research specialty areas.
       ``(C) The center will identify eligible cases and controls 
     through its surveillance system and conduct research into 
     factors which may cause or increase the risk of autism 
     spectrum disorder and other developmental disabilities.
       ``(c) Federal Response.--The Secretary shall coordinate the 
     Federal response to requests for assistance from State 
     health, mental health, and education department officials 
     regarding potential or alleged autism spectrum disorder or 
     developmental disability clusters.
       ``(d) Definitions.--In this part:
       ``(1) Other developmental disabilities.--The term `other 
     developmental disabilities' has the meaning given the term 
     `developmental disability' in section 102(8) of the 
     Developmental Disabilities Assistance and Bill of Rights Act 
     of 2000 (42 U.S.C. 15002(8)).
       ``(2) State.--The term `State' means each of the several 
     States, the District of Columbia, the Commonwealth of Puerto 
     Rico, American Samoa, Guam, the Commonwealth of the Northern 
     Mariana Islands, the Virgin Islands, and the Trust Territory 
     of the Pacific Islands.
       ``(e) Sunset.--This section shall not apply after September 
     30, 2011.

     ``SEC. 399BB. AUTISM EDUCATION, EARLY DETECTION, AND 
                   INTERVENTION.

       ``(a) Purpose.--It is the purpose of this section--
       ``(1) to increase awareness, reduce barriers to screening 
     and diagnosis, promote evidence-based interventions for 
     individuals with autism spectrum disorder or other 
     developmental disabilities, and train professionals to 
     utilize valid and reliable screening tools to diagnose or 
     rule out and provide evidence-based interventions for 
     children with autism spectrum disorder and other 
     developmental disabilities; and
       ``(2) to conduct activities under this section with a focus 
     on an interdisciplinary approach (as defined in programs 
     developed under section 501(a)(2) of the Social Security Act) 
     that will also focus on specific issues for children who are 
     not receiving an early diagnosis and subsequent 
     interventions.
       ``(b) In General.--The Secretary shall, subject to the 
     availability of appropriations, establish and evaluate 
     activities to--
       ``(1) provide information and education on autism spectrum 
     disorder and other developmental disabilities to increase 
     public awareness of developmental milestones;
       ``(2) promote research into the development and validation 
     of reliable screening tools for autism spectrum disorder and 
     other developmental disabilities and disseminate information 
     regarding those screening tools;
       ``(3) promote early screening of individuals at higher risk 
     for autism spectrum disorder and other developmental 
     disabilities as early as practicable, given evidence-based 
     screening techniques and interventions;
       ``(4) increase the number of individuals who are able to 
     confirm or rule out a diagnosis of autism spectrum disorder 
     and other developmental disabilities;
       ``(5) increase the number of individuals able to provide 
     evidence-based interventions for individuals diagnosed with 
     autism spectrum disorder or other developmental disabilities; 
     and
       ``(6) promote the use of evidence-based interventions for 
     individuals at higher risk for autism spectrum disorder and 
     other developmental disabilities as early as practicable.
       ``(c) Information and Education.--
       ``(1) In general.--In carrying out subsection (b)(1), the 
     Secretary, in collaboration with the Secretary of Education 
     and the Secretary of Agriculture, shall, subject to the 
     availability of appropriations, provide culturally competent 
     information regarding autism spectrum disorder and other 
     developmental disabilities, risk factors, characteristics, 
     identification, diagnosis or rule out, and evidence-based 
     interventions to meet the needs of individuals with autism 
     spectrum disorder or other developmental disabilities and 
     their families through--
       ``(A) Federal programs, including--
       ``(i) the Head Start program;
       ``(ii) the Early Start program;
       ``(iii) the Healthy Start program;
       ``(iv) programs under the Child Care and Development Block 
     Grant Act of 1990;
       ``(v) programs under title XIX of the Social Security Act 
     (particularly the Medicaid Early and Periodic Screening, 
     Diagnosis and Treatment Program);
       ``(vi) the program under title XXI of the Social Security 
     Act (the State Children's Health Insurance Program);
       ``(vii) the program under title V of the Social Security 
     Act (the Maternal and Child Health Block Grant Program);
       ``(viii) the program under parts B and C of the Individuals 
     with Disabilities Education Act;
       ``(ix) the special supplemental nutrition program for 
     women, infants, and children established under section 17 of 
     the Child Nutrition Act of 1966 (42 U.S.C. 1786); and
       ``(x) the State grant program under the Rehabilitation Act 
     of 1973.
       ``(B) State licensed child care facilities; and
       ``(C) other community-based organizations or points of 
     entry for individuals with autism spectrum disorder and other 
     developmental disabilities to receive services.
       ``(2) Lead agency.--
       ``(A) Designation.--As a condition on the provision of 
     assistance or the conduct of activities under this section 
     with respect to a State,

[[Page S11444]]

     the Secretary may require the Governor of the State--
       ``(i) to designate a public agency as a lead agency to 
     coordinate the activities provided for under paragraph (1) in 
     the State at the State level; and
       ``(ii) acting through such lead agency, to make available 
     to individuals and their family members, guardians, 
     advocates, or authorized representatives; providers; and 
     other appropriate individuals in the State, comprehensive 
     culturally competent information about State and local 
     resources regarding autism spectrum disorder and other 
     developmental disabilities, risk factors, characteristics, 
     identification, diagnosis or rule out, available services and 
     supports, and evidence-based interventions.
       ``(B) Requirements of agency.--In designating the lead 
     agency under subparagraph (A)(i), the Governor shall--
       ``(i) select an agency that has demonstrated experience and 
     expertise in--

       ``(I) autism spectrum disorder and other developmental 
     disability issues; and
       ``(II) developing, implementing, conducting, and 
     administering programs and delivering education, information, 
     and referral services (including technology-based curriculum-
     development services) to individuals with developmental 
     disabilities and their family members, guardians, advocates 
     or authorized representatives, providers, and other 
     appropriate individuals locally and across the State; and

       ``(ii) consider input from individuals with developmental 
     disabilities and their family members, guardians, advocates 
     or authorized representatives, providers, and other 
     appropriate individuals.
       ``(C) Information.--Information under subparagraph (A)(ii) 
     shall be provided through--
       ``(i) toll-free telephone numbers;
       ``(ii) Internet websites;
       ``(iii) mailings; or
       ``(iv) such other means as the Governor may require.
       ``(d) Tools.--
       ``(1) In general.--To promote the use of valid and reliable 
     screening tools for autism spectrum disorder and other 
     developmental disabilities, the Secretary shall develop a 
     curriculum for continuing education to assist individuals in 
     recognizing the need for valid and reliable screening tools 
     and the use of such tools.
       ``(2) Collection, storage, coordination, and 
     availability.--The Secretary, in collaboration with the 
     Secretary of Education, shall provide for the collection, 
     storage, coordination, and public availability of tools 
     described in paragraph (1), educational materials and other 
     products that are used by the Federal programs referred to in 
     subsection (c)(1)(A), as well as--
       ``(A) programs authorized under the Developmental 
     Disabilities Assistance and Bill of Rights Act of 2000;
       ``(B) early intervention programs or interagency 
     coordinating councils authorized under part C of the 
     Individuals with Disabilities Education Act; and
       ``(C) children with special health care needs programs 
     authorized under title V of the Social Security Act.
       ``(3) Required sharing.--In establishing mechanisms and 
     entities under this subsection, the Secretary, and the 
     Secretary of Education, shall ensure the sharing of tools, 
     materials, and products developed under this subsection among 
     entities receiving funding under this section.
       ``(e) Diagnosis.--
       ``(1) Training.--The Secretary, in coordination with 
     activities conducted under title V of the Social Security 
     Act, shall, subject to the availability of appropriations, 
     expand existing interdisciplinary training opportunities or 
     opportunities to increase the number of sites able to 
     diagnose or rule out individuals with autism spectrum 
     disorder or other developmental disabilities and ensure 
     that--
       ``(A) competitive grants or cooperative agreements are 
     awarded to public or nonprofit agencies, including 
     institutions of higher education, to expand existing or 
     develop new maternal and child health interdisciplinary 
     leadership education in neurodevelopmental and related 
     disabilities programs (similar to the programs developed 
     under section 501(a)(2) of the Social Security Act) in States 
     that do not have such a program;
       ``(B) trainees under such training programs--
       ``(i) receive an appropriate balance of academic, clinical, 
     and community opportunities;
       ``(ii) are culturally competent;
       ``(iii) are ethnically diverse;
       ``(iv) demonstrate a capacity to evaluate, diagnose or rule 
     out, develop, and provide evidence-based interventions to 
     individuals with autism spectrum disorder and other 
     developmental disabilities; and
       ``(v) demonstrate an ability to use a family-centered 
     approach; and
       ``(C) program sites provide culturally competent services.
       ``(2) Technical assistance.--The Secretary may award one or 
     more grants under this section to provide technical 
     assistance to the network of interdisciplinary training 
     programs.
       ``(3) Best practices.--The Secretary shall promote research 
     into additional valid and reliable tools for shortening the 
     time required to confirm or rule out a diagnosis of autism 
     spectrum disorder or other developmental disabilities and 
     detecting individuals with autism spectrum disorder or other 
     developmental disabilities at an earlier age.
       ``(f) Intervention.--The Secretary shall promote research, 
     through grants or contracts, to determine the evidence-based 
     practices for interventions for individuals with autism 
     spectrum disorder or other developmental disabilities, 
     develop guidelines for those interventions, and disseminate 
     information related to such research and guidelines.
       ``(g) Sunset.--This section shall not apply after September 
     30, 2011.

     ``SEC. 399CC. INTERAGENCY AUTISM COORDINATING COMMITTEE.

       ``(a) Establishment.--The Secretary shall establish a 
     committee, to be known as the `Interagency Autism 
     Coordinating Committee' (in this section referred to as the 
     `Committee'), to coordinate all efforts within the Department 
     of Health and Human Services concerning autism spectrum 
     disorder.
       ``(b) Responsibilities.--In carrying out its duties under 
     this section, the Committee shall--
       ``(1) develop and annually update a summary of advances in 
     autism spectrum disorder research related to causes, 
     prevention, treatment, early screening, diagnosis or rule 
     out, intervention, and access to services and supports for 
     individuals with autism spectrum disorder;
       ``(2) monitor Federal activities with respect to autism 
     spectrum disorder;
       ``(3) make recommendations to the Secretary regarding any 
     appropriate changes to such activities, including 
     recommendations to the Director of NIH with respect to the 
     strategic plan developed under paragraph (5);
       ``(4) make recommendations to the Secretary regarding 
     public participation in decisions relating to autism spectrum 
     disorder;
       ``(5) develop and annually update a strategic plan for the 
     conduct of, and support for, autism spectrum disorder 
     research, including proposed budgetary requirements; and
       ``(6) submit to the Congress such strategic plan and any 
     updates to such plan.
       ``(c) Membership.--
       ``(1) In general.--The Committee shall be composed of--
       ``(A) the Director of the Centers for Disease Control and 
     Prevention;
       ``(B) the Director of the National Institutes of Health, 
     and the Directors of such national research institutes of the 
     National Institutes of Health as the Secretary determines 
     appropriate;
       ``(C) the heads of such other agencies as the Secretary 
     determines appropriate;
       ``(D) representatives of other Federal Governmental 
     agencies that serve individuals with autism spectrum disorder 
     such as the Department of Education; and
       ``(E) the additional members appointed under paragraph (2).
       ``(2) Additional members.--Not fewer than 6 members of the 
     Committee, or 1/3 of the total membership of the Committee, 
     whichever is greater, shall be composed of non-Federal public 
     members to be appointed by the Secretary, of which--
       ``(A) at least one such member shall be an individual with 
     a diagnosis of autism spectrum disorder;
       ``(B) at least one such member shall be a parent or legal 
     guardian of an individual with an autism spectrum disorder; 
     and
       ``(C) at least one such member shall be a representative of 
     leading research, advocacy, and service organizations for 
     individuals with autism spectrum disorder.
       ``(d) Administrative Support; Terms of Service; Other 
     Provisions.--The following provisions shall apply with 
     respect to the Committee:
       ``(1) The Committee shall receive necessary and appropriate 
     administrative support from the Secretary.
       ``(2) Members of the Committee appointed under subsection 
     (c)(2) shall serve for a term of 4 years, and may be 
     reappointed for one or more additional 4 year term. Any 
     member appointed to fill a vacancy for an unexpired term 
     shall be appointed for the remainder of such term. A member 
     may serve after the expiration of the member's term until a 
     successor has taken office.
       ``(3) The Committee shall meet at the call of the 
     chairperson or upon the request of the Secretary. The 
     Committee shall meet not fewer than 2 times each year.
       ``(4) All meetings of the Committee shall be public and 
     shall include appropriate time periods for questions and 
     presentations by the public.
       ``(e) Subcommittees; Establishment and Membership.--In 
     carrying out its functions, the Committee may establish 
     subcommittees and convene workshops and conferences. Such 
     subcommittees shall be composed of Committee members and may 
     hold such meetings as are necessary to enable the 
     subcommittees to carry out their duties.
       ``(f) Sunset.--This section shall not apply after September 
     30, 2011, and the Committee shall be terminated on such date.

     ``SEC. 399DD. REPORT TO CONGRESS.

       ``(a) In General.--Not later than 4 years after the date of 
     enactment of the Combating Autism Act of 2006, the Secretary, 
     in coordination with the Secretary of Education, shall 
     prepare and submit to the Health, Education, Labor, and 
     Pensions Committee of the Senate and the Energy and Commerce 
     Committee of the House of Representatives a progress report 
     on activities related to autism spectrum disorder and other 
     developmental disabilities.
       ``(b) Contents.--The report submitted under subsection (a) 
     shall contain--
       ``(1) a description of the progress made in implementing 
     the provisions of the Combating Autism Act of 2006;
       ``(2) a description of the amounts expended on the 
     implementation of the particular provisions of Combating 
     Autism Act of 2006;
       ``(3) information on the incidence of autism spectrum 
     disorder and trend data of such incidence since the date of 
     enactment of the Combating Autism Act of 2006;
       ``(4) information on the average age of diagnosis for 
     children with autism spectrum disorder and other 
     disabilities, including how that age may have changed over 
     the 4-year period beginning on the date of enactment of this 
     Act;
       ``(5) information on the average age for intervention for 
     individuals diagnosed with autism spectrum disorder and other 
     developmental disabilities, including how that age may have

[[Page S11445]]

     changed over the 4-year period beginning on the date of 
     enactment of this Act;
       ``(6) information on the average time between initial 
     screening and then diagnosis or rule out for individuals with 
     autism spectrum disorder or other developmental disabilities, 
     as well as information on the average time between diagnosis 
     and evidence-based intervention for individuals with autism 
     spectrum disorder or other developmental disabilities;
       ``(7) information on the effectiveness and outcomes of 
     interventions for individuals diagnosed with autism spectrum 
     disorder, including by various subtypes, and other 
     developmental disabilities and how the age of the child may 
     affect such effectiveness;
       ``(8) information on the effectiveness and outcomes of 
     innovative and newly developed intervention strategies for 
     individuals with autism spectrum disorder or other 
     developmental disabilities; and
       ``(9) information on services and supports provided to 
     individuals with autism spectrum disorder and other 
     developmental disabilities who have reached the age of 
     majority (as defined for purposes of section 615(m) of the 
     Individuals with Disabilities Education Act (20 U.S.C. 
     1415(m)).''.
       (b) Repeals.--The following sections of the Children's 
     Health Act of 2000 (Public Law 106-310) are repealed:
       (1) Section 102 (42 U.S.C. 247b-4b), relating to the 
     Developmental Disabilities Surveillance and Research Program.
       (2) Section 103 (42 U.S.C. 247b-4c), relating to 
     information and education.
       (3) Section 104 (42 U.S.C. 247b-4d), relating to the Inter-
     Agency Autism Coordinating Committee.
       (4) Section 105 (42 U.S.C. 247b-4e), relating to reports.

     SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--Part R of title III of the Public Health 
     Service Act, as added by section 3, is amended by adding at 
     the end the following:

     ``SEC. 399EE. AUTHORIZATION OF APPROPRIATIONS.

       ``(a) Developmental Disabilities Surveillance and Research 
     Program.--To carry out section 399AA, there are authorized to 
     be appropriated the following:
       ``(1) For fiscal year 2007, $15,000,000.
       ``(2) For fiscal year 2008, $16,500,000.
       ``(3) For fiscal year 2009, $18,000,000.
       ``(4) or fiscal year 2010, $19,500,000.
       ``(5) For fiscal year 2011, $21,000,000.
       ``(b) Autism Education, Early Detection, and 
     Intervention.--To carry out section 399BB, there are 
     authorized to be appropriated the following:
       ``(1) For fiscal year 2007, $32,000,000.
       ``(2) For fiscal year 2008, $37,000,000.
       ``(3) For fiscal year 2009, $42,000,000.
       ``(4) For fiscal year 2010, $47,000,000.
       ``(5) For fiscal year 2011, $52,000,000.
       ``(c) Interagency Autism Coordinating Committee; Certain 
     Other Programs.--To carry out section 399CC, 409C, and 
     section 404H, there are authorized to be appropriated the 
     following:
       ``(1) For fiscal year 2007, $100,000,000.
       ``(2) For fiscal year 2008, $114,500,000.
       ``(3) For fiscal year 2009, $129,000,000.
       ``(4) For fiscal year 2010, $143,500,000.
       ``(5) For fiscal year 2011, $158,000,000.''.
       (b) Conforming Amendment.--Section 409C of the Public 
     Health Service Act (42 U.S.C. 284g) is amended by striking 
     subsection (e) (relating to funding).

  Mr. SANTORUM. Mr. President, I ask unanimous consent that the Senate 
concur in the House amendment, the motion to reconsider be laid upon 
the table, and any statements relating to the bill be printed in the 
Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. SANTORUM. Mr. President, we just passed the combating autism bill 
that we have been working on for 16 months. I thank Senator Dodd for 
his tremendous work on that. I thank all of the autism groups. I thank 
Jennifer Vesey for the tremendous work she did and the hours and hours 
and patience it takes to put together complex and important pieces of 
legislation.
  Later today, or tomorrow, we are going to pass the abandoned mine 
lands bill. I would love to say that was Rick Santorum, but it was 
Ashley Horning; it wasn't Rick Santorum. She did all the work. I pretty 
much knew what was in there, and I would negotiate the parts in 
disagreement. That is what we all do. But on 90 percent of the bills 
that most of us know about, we didn't hammer out the details; it was 
done by folks who have the commitment and vision and effort and work 
the long hours to make the legislation possible. It is important that 
in Pennsylvania now we will get a billion dollars to clean up abandoned 
mines--it is a tremendous contribution to the environment--or miners 
will have health care coverage paid because, in part, I had a terrific 
staff person. I can go down through issue after issue and look at these 
accomplishments that would be great to stand up and say that I did, but 
I had a tremendous amount of help. I had incredibly talented, gifted 
people who worked incredible hours.
  What most people across America don't realize is how hard our people 
around here work. They don't do it for the money. They don't do it 
because they have some agenda to accomplish. They do it because they 
want to improve America, make America a better place. They want to 
leave this place better than how they found it. They want to serve 
because they love this country and they believe in what will make this 
country better. They work long hours. They don't get paid as much as 
they could make if they wandered off the Hill. I will put my folks, 
both in Washington and across the State, up against anybody. They are 
sitting in the gallery and here along the railing. They have given 
their all and I thank them. They served the people of Pennsylvania. 
Looking at Kevin Roy over there, I think of all of the earmarks--that 
is a dirty word--that we were able to get to help the people in 
Pennsylvania in so many ways. I look at work we did for the nonprofit 
community and welfare and families, and Melanie Looney and her team 
worked on that.
  It has been an incredible group. Our Senate conference, the message 
folks--it was awfully hard. Republicans are not good on the old message 
issue. We don't follow our talking points very well. We try. We try. We 
have a lot of independent thinkers on our side. God bless them. They 
always have a better way of saying things than what we suggest or 
actually not even saying things, thinking things than what we suggest. 
That is the beauty of our party. We have a lot of diversity within our 
party.
  We have some very talented people who work very hard, not just a dry 
message to spin, but to try to move the debate, try to get our causes 
articulated in a way that is communicated effectively to people across 
America. They worked hard. They built coalitions. They did their best, 
and I thank them for their effort and the tremendous service they have 
given our conference.
  I thank the folks in my district offices. Most of those folks have 
been with me 16 years. We don't have a lot of turnover in our office. A 
lot of folks in Pittsburgh have been with me 16 and others around the 
State have been with me 12 years. They are dedicated people who go out 
and do those security checks and veterans benefits and medals.
  I will always remember one story that happened this last year. There 
was a man, a World War II vet named Patrick. I was at a ribbon-cutting 
for a VA facility in Oakland in Pittsburgh. While I was there, we 
arranged a little medal presentation to a veteran who had sought a 
medal and was never given that medal. That is all I knew about it. I 
showed up. There was this older gentleman sitting in the front row. His 
name was Patrick.
  Patrick was a World War II veteran who served in Patton's army and 
was sent on a secret mission to try to liberate a POW camp. In that 
mission, he was captured. He was imprisoned for several months, I 
believe, in a German POW camp. When he got out of the Army, he 
requested a POW medal, but the paperwork didn't show he had been 
captured. It was a secret mission, and it never appeared on his 
military record.
  For 60 years, Patrick fought to get his designation as a POW. He 
never married. In fact, later in his life after he retired from work, 
he became somewhat of a recluse because he was kidded by some of his 
buddies about being a POW. It affected him dramatically, so much so 
that one of his friends and relatives contacted us to say: Is there 
anything you can do? Could it possibly be true?
  Ann Blocksidge in my office in Pittsburgh, wizard that she is with 
these issues that she has been working on now for 16 years, knew the 
places to call and put the records together. We found out, yes, he was, 
and that was in one place in one record and not in the same place as 
the other record, and A didn't talk to B. So we were able to get him 
his POW medal.
  I remember pinning it on him. This older man walked to the 
microphone. He said: There is one thing I want to say. He said: I 
finally feel welcomed home.
  It is a great story, but the folks in my office and offices all over 
this Capitol do this every day because they care, because the people 
call with impossible things, and our folks do impossible things to help 
them.

[[Page S11446]]

  I thank all of them for all the service they have done, for doing 
what I ask them to do when they come into the office: Treat every 
caller as if it is your grandmother calling. If you treat every caller 
as if it is your grandmother--hopefully they get along with their 
grandmother--then things will be fine.
  I thank my colleagues. This place gets a lot of ridicule. It is very 
easy to criticize people in the fishbowl. It is very easy to take shots 
at people for not living up to expectations, and certainly we all do 
not live up to expectations. But I think I can say without any 
reservation that the men and women in this body are good and decent 
people who are doing what they believe is best for this country.
  I know many people find that hard to believe because they look at 
people and they have beliefs so diametrically opposed to people in this 
Chamber. I certainly have views--and have demonstrated that on many 
occasions on the floor of the Senate--that are diametrically opposed to 
many people in this Chamber. But in my heart, I never questioned the 
integrity and the sincerity of the people who articulated their 
opinions, that they were not sincere. I believed them to be sincere and 
I believed them to believe that it was in the best interest of the 
country. That is what is supposed to happen here. Ideas are to be 
debated, points of view are to be discussed, and the prevailing thought 
of the day will move the country in that direction.
  There are very good people here. I tell the people of America: There 
are very good people here. There are people here on both sides of the 
aisle who pray every single day for God's guidance. There are people 
here today who, while we fight and argue, do so out of a passion for 
doing what is right.
  I thank my colleagues for the courtesies they have shown me, and 
particularly my Republican colleagues for the honor they have given me 
to serve in the leadership for 6 years. I know that was not an easy 
decision back in 2001 to elect someone who had a reputation of being 
somewhat of a bomb thrower in the House and in my early Senate days to 
a position of leadership in the Senate. They took a risk. I hope they 
feel it has paid off.
  It has certainly been a great blessing to me to have been able to 
serve my colleagues in the capacity of conference chairman.
  It is an incredible group of people. I think of John, who is my 
tennis partner. We played our first match after I was defeated, and he 
beat me 6-love, 6-1. He thinks it is because he played better, but I am 
just preparing for other employment.
  We have prayer groups here. One of the most important things in my 
life over the past 12 years has been the Senate prayer group, the 
Senate Bible study, and the prayer breakfasts, the small prayer group 
with which I have been involved. I don't know how people do it. I don't 
know how people do this business without prayer, without an 
understanding that there is something bigger than us here, something 
that will help us, guide us, lift us up at times when there seems to be 
no other reason to be lifted up.
  I thank all of those who prayed with me and prayed for me. Lloyd 
Ogilvie, a chaplain here for many years, and Barry Black, our Chaplain 
now--they are prayer warriors for all of us. I know they pray for us 
every day. I know Lloyd still prays for us every day, and I know 
millions of Americans pray for us every day. I thank all of them for 
helping me through and helping us and helping our country through these 
difficult times.
  I thank our leader, Bill Frist, my first leader I served under as a 
member of the leadership, Trent Lott, and the leader I served under 
when I came to the Senate, Bob Dole. Each and every one of them in 
their own way led differently. But in the case of Senator Dole, he was 
a larger-than-life figure to me, coming over to the Senate as a 36-
year-old Senator. He was on his way to run for the Presidency. He took 
the time to be concerned about the issues that were important to me. He 
put me on the committees I needed to be on and gave me the opportunity 
that I will never forget and certainly will always be thankful for--to 
manage and work on the welfare reform bill back in 1996.
  Of all the things I accomplished in the Senate, there is nothing I am 
more proud of than what we did in 1996 to reform the welfare system and 
transition it so millions and millions would fall off the rolls, find 
gainful employment, and change their lives and the lives of their 
families. I owe that to Bob Dole. He gave me the opportunity to stand 
at that manager's chair for months in my second year in the Senate and 
taking on what I would argue was the most important piece of 
legislation in that session of the Congress, the Republican revolution.
  I thank Trent Lott not only for his tutelage and mentoring me in the 
time I have been here as a leader, but for helping me in gaining 
leadership and being involved in the leadership in the Senate.
  I thank Bill Frist for his friendship. His coming in as a leader when 
I was already in the leadership was a little different. He didn't come 
in and point the finger and boss around, but he came in to learn. He 
came in to engage, to try to take the knowledge that was in the 
leadership group and use it to build a stronger group. I appreciate 
that.
  There is a humility in Bill Frist. It is a very attractive quality 
and, I might also add, a rather rare quality if one is in the Senate, 
but a very attractive one and a very important one in Senators and 
leaders.
  I thank, I guess finally, the people of Pennsylvania. I was talking 
to Jim Towey. Jim is the new president of Saint Vincent College in 
Latrobe, PA. Jim is the former director of the faith-based office for 
the President. I called him the other day. He said: You know, Rick, I 
have been here--I think he said 6 months. He said: I really like the 
State, like the area, good people. But the more I study the State and 
the more I get the feel of Pennsylvania, I have one question: It is not 
how did you lose the election, but how did you get elected here twice?
  I got elected twice because I had a lot of wonderful people who 
campaigned hard, worked hard, and believed in me and were able to maybe 
see past some of the differences with me to give me an opportunity to 
serve here, and I am eternally grateful.
  It is an incredible State. It is one I got to know very well and, 
obviously, got to know thousands of people. I had the opportunity to 
serve them. I had the opportunity to be scolded by them, reprimanded by 
them. But I always understood they were my employers. I work for them. 
And when you work for somebody, sometimes they are going to tell you 
they don't like the job you are doing. And you better act like someone 
who is an employee instead of an employer or you are not going to find 
yourself as an employee very much longer. Well, I tried to act like an 
employee. But that doesn't mean I always had to agree with my employer, 
and a lot of times I didn't. And maybe I spoke up too often too loudly 
and too boldly on some of the things that my employer didn't agree 
with. I hope they respect the fact that it was a heartfelt disagreement 
and that I did what I did and I said what I said because I believed it 
was in their best interests, even though they may not have thought so.

  I respect the fact that I didn't win this election and that the 
people of Pennsylvania made a different decision. I had an opportunity 
to meet with my successor today in my office and get a chance to talk 
with him about some of the ins and outs of the Senate. He is a good 
man, and he will do a good job. I hope the people of Pennsylvania will 
give him and extend to him the same courtesies and trust and 
cooperation that so many Pennsylvanians who didn't agree with me on a 
lot of things but knew that it was important to work together--such as 
our Governor, Ed Rendell, whom I worked with as mayor and as Governor, 
as well as I did with any Republican that I know--I hope that 
Republican officeholders in Pennsylvania treat my opponent with the 
same kind of respect and the same kind of cooperation that Governor 
Rendell and I have had over the years.
  That brings me to my colleague, Senator Specter. It was very kind of 
Arlen to come and say a few words. He said that we are not only 
colleagues in the Senate and, obviously, colleagues from Pennsylvania, 
but we are friends. I have to tell my colleagues, when I first came to 
the Senate, I thought it was a very long shot that I would be friends 
with Arlen Specter. All I had

[[Page S11447]]

heard about Arlen Specter was how prickly a character he is, how 
difficult he is, sort of cold and tough. But he is a pretty soft guy. 
He really is. He gets those granddaughters around him and he just 
melts. No, he is a good man. I don't agree with Arlen a lot, and of 
course everybody knows that, but Arlen has been a good partner. We have 
worked on a lot of things together. And even when we disagreed, we 
understood and respected the disagreement and didn't let it affect us, 
or certainly our relationship, or if it was important enough to us and 
important enough to the State and important enough to the country, we 
worked hard to try to bridge those differences. I think that is a good 
model. I recommend it to my successor. I recommend it to all my 
colleagues.
  This place doesn't have to be as personally confrontational as it is. 
I say that as someone who was pretty personally combative when I first 
came here. I know that I have had some pretty strident debates on the 
floor of the Senate, but I will tell my colleagues that in my heart, it 
was never personal, it was always about what the issue was about. And 
it is hard for a lot of people in America who look at it in a culture 
that takes everything personally--people have asked me why I have been 
so comfortable and at ease with what has happened, and it is because I 
don't take it personally. People disagree with where I wanted to take 
this country, and that is fine. They will have an opportunity to take 
it someplace else, for now.
  But I don't take it personally. I look at the empty desks of my 
colleagues on the other side of the aisle, and I look at each and every 
one and I can see them all sitting there, and I can't think of one that 
I would take a disagreement with personally--and I have had 
disagreements with virtually every one but all of them have disagreed, 
hopefully without being personally disagreeable. That is how this place 
works. It is the only way it can work and be successful for America.
  In closing, I want to say that I always come back to the word 
``gratitude.'' To God, to my family, to my colleagues, to the wonderful 
people who have worked for me and with me over the years, to the people 
of the 18th Congressional District, to the people of Pennsylvania: 
Thank you. Thank you. I don't know what I will be doing next, but I 
cannot imagine that anything I do in the future will rival the kind of 
blessings I have felt from all of the folks whom I have mentioned. The 
relationships and the wonderful accomplishments and the great spirit I 
have experienced over these last 16 years is something that I am 
eternally grateful for to all of those involved. It has been a great 
blessing.
  I thank my colleagues, I thank those who came and listened, those who 
might be listening in other ways, but I thank them, personally, for the 
great kindness they have shown me. I leave a very happy and contented 
former Senator from Pennsylvania who feels very blessed.

                               Exhibit 1

                    Senate Personal Office Employees

       Aho, Robert W; Anderson, Thomas S; Armata, Andrew M T; 
     Baldwin, Todd A; Barbera, Vincent M; Barron, Bruce A; 
     Bashore, Keith E; Beresnyak, Allison M; Beresnyak, Thomas E 
     Jr.; Bernier, George M III; Bernstein, Luke M; Berry, Donna 
     A; Bertuola, Lawrence J; Beynon, Matthew E; Bickhart, Robert 
     G; Blocksidge, Anne M; Bonesso, Rozzanna J; Bowman, Patricia 
     Dianne; Bowser, Julia E; Boyd, Allison J.
       Bozzuto, Robert F; Bragg, Heather N; Broughton, Aaron 
     Michael; Brown, Brian T; Burkhalter, Colin J; Butler, Timothy 
     R; Caldwell, Stanley D; Calka, Courtney JO; Carlson, Michael 
     R; Carter, Andrew C; Castillo, Michael J; Chapman, Elizabeth 
     R; Christman, David R; Clater, Michael D; Cognato, 
     Christopher; Cognato, Michael H; Coleman, Samuel E; Collins, 
     Leah R; Conklin, Jennifer M; Coppolo, Stephen D.
       Corman, Jacob D III; Coulter, Kathryn A; Covel, Michelle F; 
     Crane, Rebecca H; Curry, Margaret K; Daniel, Kelly L; 
     Davidek, Jason E; Davis, Mary Elizabeth A; Davis, Virginia L; 
     Dermody, Brandon D; Devito, William J; Dick, John T; Diehl, 
     Samuel W; Dougherty, Kara A; Doyle, Lyda A; Dutkowski, 
     Margaret C; Ely, Ramona J; Ensslin, Mary T; Evans, Andrea L; 
     Faulk, Page C.
       Faustino, Mary A; Feenstra, Paul A; Feller, Meredith L; 
     Fergusen, Sarah E; Ferrara, Lorenzo L; Finney, Thomas S; 
     Fischer, Karen E; Fratto, Salvatore A; French, David G; 
     French, John M III; Galko, Vincent A; Garver, Nancy L; 
     Gaston, Shivellia T; Gemma, Peter B Jr.; Genesio, Christine 
     J; Gerry, Keith M; Gorman, Victoria Lynn; Greco, Michael P; 
     Greene, Charles M; Gresov, Winston G.
       Gutierrez, Jennifer C; Haberkern, Jeffery J; Hall, David M; 
     Harbula, David Scott; Harvey, Marcus W; Hershey, Jill E; 
     Hershey, Michael S; Hoadley, Cassandra; Holcombe, Sara K; 
     Hornbake, Lawrence E; Horne, Wesley O; Horning, Ashley E; 
     Howard, Jaime L; Hybels, Amy R; Irvine, Walter G Jr.; Irwin, 
     Christine E; Ivanov, Florina D; Johnson, Thomas O II; 
     Kauffman, Alexander J; Kelly, Caitlin B.
       Kennedy, Brian D; Kinsman, Chelsea M; Kitchen, Michelle L; 
     Kocan, Sheila T; Koutsiouroumbas, Athan; Kuklis, Joseph V; 
     Laager, Maryanne R; Ladd, Abigail A; Larcinese, Mary E; 
     Laurenson, Craig A; Lebaudy, Laura A; Leidner, Kristina S; 
     Leinbach, Christian Y; Lewandowski, Leslie L; Lindenberer, 
     Stephanie Ann; Lofton, Marian Victoria; Looney, Melanie L; 
     Lyle, Stephen T; Lynch, Stephanie F; Maclean, Heather Marie.
       Maddox, Audrey C; Maguire, Erin K; Mahon, Emmet M; Maines, 
     Laura A; Martin, David; Martin, John E Jr.; Mattei, Thomas J 
     Jr.; Matthews, Shawnna Lee; Mcclard, Melissa J; Mccoy, Ida M; 
     Mccracken, David E; Mccree, Michael R; Mcdonald, Robin V; 
     Mcelwee, George S; Mcginley, Christopher P; Mckeon, Meredith; 
     Mcnamara, Kevin M; Medina, Wanda I; Meyer, Christine M; 
     Mihalke, Michael H.
       Miller, Eric R; Miller, Jennifer L; Miller, Manda B; 
     Miller, Nicole M; Miller, William A; Mitchell, Anna K; 
     Mitchell, Marcus P; Mizer, Erica L; Molineaux, Peter J; 
     Moore, Thomas; Moore, Zachery P; Morinigo, Nicholas; Morton, 
     Bylly Jo; Mullen, James G; Narcavage, Michael III; Navin, 
     Lawrence M; Ohara, Gerald J; Oshea, Joseph J; Pallotto, Adam 
     R; Palmer, Wayne D.
       Park, Victoria P; Parrick-Cox, Susan; Patel, Kajal A; 
     Pavlik, Bonnie M; Peacock, Deborah A; Pearson, Tim; Perez, 
     Janet M; Petraglia, Amy W; Poteet, Paul W; Preate, Alexandra 
     V; Pugh, Jennifer S; Quinn, Christine Marie; Rajsic, 
     Michelle; Ramos, Josephina; Reilly, Sean M; Reyes, Jeremy; 
     Rhodes, Allison L; Riegel, Ellen J; Rockwell, Russel A; Rode, 
     Katherine R.
       Rodgers, Lincoln R C; Roman, Lisa M; Romaniello, Catherine 
     M; Roscoe, Abigail; Rossi, Connie J; Rossman, Eleanor T; Roy, 
     Kevin F; Ryan, Maureen; Sailhamer, Brent A; Salvesen, Erling 
     R III; Sanborn, Alden R; Sanders, Joseph E Jr.; Sarmir, 
     Danielle; Scanlan, Tricia L; Scaringi, M Anthony; Schmidt, 
     Keith A; Schmidt, Michele E; Sears, William P; Sechler, 
     Michael W; Shaner, Mathias R.
       Sharp, Crystal N; Sharp, Trudy R; Shelby, Melissa B; 
     Sheriff, Marie A; Shirk, Jamie E; Shott, Christine M; 
     Simodejka, Jill L; Sinha, Sushant K; Smith, Brian A; Smith, 
     Jacob W; Solfanelli, Matthew; Soroka, Suzanne M; Sosar, 
     Edward D; Spangler, Courtney Leigh; Sparvero, Emily S; 
     Stawasz, Karen L; Stein, Peter J; Stephans, Elizabeth L; 
     Stolnacher, Patricia L; Stoltzfoos, Gerald D.
       Stoltzfoos, Jeffery L; Strickland, Carolyn; Strothman, 
     Alexis A; Stuart, Robert R; Swain, Tooshar K; Swartz, Barbara 
     K; Sweeny, Jennifer Mahurin; Sybyl, Julie M; Szy, Daniel J; 
     Taylor, David N; Tekel, Adam R; Thompson, Holly; Titus-Young, 
     Joy J; Traynham, Robert L; Trego, Joshua S; Tulyasathein, 
     Charnsin; Turner, Michelle D; Urguhart, E Randy; Valdes, 
     Stephen G; Vanderpool, Kristen R.
       Vesey, Jennifer L; Voinski, John A; Vulakovich, Randolph P; 
     Walker, Patricia B; Wall, Toni B; Walters, Christopher F; 
     Watson, D Dexter; Weaver, Chad A; Weber, David; Weiss, Todd 
     M; White, Jennifer S; Wiesenfeld, Michael A; Williamson, N 
     Kathy; Willis, Jessica R; Wittman, Anne E; Wright, Erica 
     Clayton; Wusinich, Maria T; Yanoshak, Erica M; Younger, 
     Anita.

                 Senate Republican Conference Employees

       Amy Marie Adams; Jeff Hunt; Garrett Fahy; Joel Digrado; 
     Kate Harris; Shonda Werry; Cris Clapp; Melissa Seckora 
     Anderson; Elizabeth Keys; Barbara Ledeen; Chrissy Shott; 
     Sarah Berk; Mark Rodgers; Randy Brandt; Katherine Gonzalez; 
     Carlos Gonzalez; Lane Marshall; Cyrus Pearson; Robert 
     Traynham; Henry Peterson; Chris Angrisani; Laura Gill.
       Nick Schweich; Aaron Broughton; Tim Petty; Curtis Swager; 
     Nate Green; David Song; Michael Bleicher; Jen Sweeney; Joy 
     Schmidt; Eden Gordon; Susana Levenson; Eric Miller; Chris 
     Myers; Rebecca Cotton; Drew Cantor; Alex Kaufman; John 
     Rankin; Dan Ronayne; Eric Ruiz; Loredana Vouto; Deidre 
     Woodbyrne.

  The PRESIDING OFFICER. The Senator from Kentucky is recognized.
  Mr. McCONNELL. Mr. President, I wish to say to my good friend from 
Pennsylvania, before he leaves the floor, what an extraordinary 16 
years he has had representing the people of his State and what a truly 
outstanding Member of the Senate he has been and what a moving farewell 
address I had an opportunity to witness. Good luck, good friend, and 
Godspeed.
  Mr. President, I ask unanimous consent that the vote on the pending 
nomination occur at 5:45 today and that prior to the vote, Senator 
Grassley be recognized to speak for up to 10 minutes, Senator Enzi for 
up to 5 minutes, and Senator Kennedy for up to 5 minutes.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. FEINGOLD. Mr. President, I am pleased that the Food and Drug 
Administration will finally have a confirmed

[[Page S11448]]

Commissioner. And I am glad that the President's nominee, Dr. Andrew 
von Eschenbach, has acted to address concerns that have been raised 
about his nomination. He addressed conflict-of-interest concerns by 
resigning his position as head of the National Cancer Institute. The 
FDA also approved access to emergency contraception without a 
prescription. This decision should have been made when the FDA's expert 
panel recommended it, and I was disappointed at the shameless 
politicizing of science over emergency contraception. With those issues 
now resolved, I will vote for his nomination.
  Mr. HATCH. Mr. President, I rise in strong support of the nomination 
of Dr. Andrew von Eschenbach to be Commissioner Food and Drugs.
  I am pleased that the Senate is considering Dr. von Eschenbach's 
nomination and I strongly urge my colleagues to support him because the 
FDA needs a permanent Commissioner to lead the agency. The FDA has been 
criticized time and time again over this. To me, the first step toward 
promoting stability in the agency is for the Senate to confirm an FDA 
Commissioner. Dr. von Eschenbach is a capable administrator, extremely 
knowledgeable about health care and food and drug policy, and we can 
count on him to do the right thing. It is past the time that he be 
confirmed.
  I had the opportunity to work with Dr. von Eschenbach when he was the 
Director of the National Cancer Institute and found him to be 
personable and engaging. I also had a long meeting with Dr. von 
Eschenbach before his Senate confirmation hearing and was very 
impressed with his in depth knowledge on matters before the Food and 
Drug Administration. But even more impressive, Dr. von Eschenbach truly 
listened to my ideas regarding the FDA, and I greatly appreciated it. 
It is clear that he intends to work closely with the Congress.
  The bottom line is that I am convinced Dr. von Eschenbach is the best 
person for the job, and the sooner we get him confirmed, the better.
  I would like to take a moment to talk about FDA-related issues facing 
my home State of Utah and where Dr. von Eschenbach's strong involvement 
will be crucial.
  As my colleagues are aware, Utah is home to the largest concentration 
of dietary supplement companies in our Nation, so ensuring that the 
Dietary Supplement Health and Education Act, DSHEA, law is strongly and 
appropriately enforced is a high priority of mine.
  I have been told by every FDA Commissioner since Dr. Kessler that the 
FDA has adequate authority under DSHEA to make certain the supplement 
marketplace is safe, so it is my hope that Dr. von Eschenbach will make 
this a priority during his tenure as FDA Commissioner.
  In addition, as I have told him on more than one occasion, it is 
essential for Dr. von Eschenbach to work to finalize and implement good 
manufacturing practices--GMPs--for supplements as authorized by DSHEA. 
It is 12 years since they were authorized. And, despite the repeated 
contacts Senator Harkin and I have made, the reportedly drafted 
regulations have still not been issued. I want to encourage strongly 
Dr. von Eschenbach to address this matter once and for all.
  We will also be counting on the good doctor to implement the new 
system of mandatory reporting of serious adverse events--AERs--for 
nonprescription drugs and dietary supplements that is contained in S. 
3546, the Hatch-Durbin bill we passed last night. It is my hope the 
House will pass the bill today--and it can be sent to the President for 
signature. When enacted, the Hatch-Durbin-Harkin-Enzi-Kennedy bill will 
require manufacturers of supplements and over-the-counter drugs to 
report to FDA any reports of serious problems associated with the use 
of the products. This is an important consumer protection bill, and it 
is important that FDA seek the funding to implement the program as 
Congress intends. I stand ready to work with the agency on this.
  Another concern I have expressed to Dr. von Eschenbach and his agency 
is the need to look out for the ``little guy'' once he becomes 
Commissioner. Utah is the home to more than 100 medical device 
companies, many of them small, and I want Dr. von Eschenbach and his 
staff to treat these companies fairly, especially when the FDA 
officials conduct inspections. There have been several complaints from 
manufacturers about the tactics that the FDA inspectors have taken. I 
think these complaints have merit. All I ask of Dr. von Eschenbach is 
that Utah companies be treated fairly by the FDA.
  I also am deeply concerned about the agency's lack of funding. This 
has been a growing concern, especially as it affects implementation of 
DSHEA, the new AEER system, and also the review of generic drug 
applications. While I realize that FDA has a lot of responsibilities, 
ranging from ensuring the safety of drugs and medical devices to 
protecting our country's food supply, it simply isn't fair to continue 
to pile on these responsibilities without providing the FDA with 
adequate funding. I assure Dr. von Eschenbach that I will work with him 
and my colleagues on the Senate Appropriations Committee and the Senate 
HELP Committee to ensure that the agency is provided with sufficient 
funding.
  I urge my colleagues to vote in favor of Dr. von Eschenbach today so 
that the agency will finally have a permanent leader who will look out 
for the best interests of both the American people and an important 
Federal agency--the FDA.
  Ms. MIKULSKI. Mr. President, I rise before you today to discuss the 
nomination of Andrew Von Eschenbach as Commissioner of the FDA.
  I first want to say that I love the FDA. FDA is in my home state of 
Maryland. It employs over 10,000 of my constituents. It is right down 
the road from the NIH. I am proud to have all that research at NIH and 
then have FDA in Maryland standing up for the food safety of the 
American people, looking out to make sure that the drugs and the 
technologies that we use are safe.
  Over the years, I have fought for the right facilities, the right 
resources, and now the right leadership at the FDA. Dr. Von Eschenbach 
is an experienced clinician and researcher and as the former Director 
of National Cancer Institute, NCI, I presume he is committed to the 
mission of FDA. However, I have concerns. I have yellow flashing light 
about his commitment to reform over drug safety, to not politicize 
science, and to establish a channel where employees can speak truth to 
power.
  This is important. As we consider the nomination of Dr. Von 
Eschenbach, we must address one of the most important issues facing our 
Nation: the loss of confidence in our Government's ability to ensure 
the safety of our food, our drugs, and our medical devices. The FDA has 
always been the gold standard in maintaining the safety and efficacy of 
our drugs and medical devices.
  Yet today the Agency is being politicized and degraded. The current 
administration has shown a persistent pattern of placing politics 
before science; making appointments based on ideology instead of 
competency; stifling scientists whose findings do not meet political 
objectives; making decisions based on politics, rather than sound 
science.
  Nowhere is this more evident than at the FDA. Today, FDA is facing a 
crisis: There is a crisis of morale. There is a crisis of confidence in 
the reliability of FDA decisions. There is a crisis about whether there 
are scientists operating under a gag rule, putting politics above 
science. There is a crisis ensuring the reliability and safety of our 
drugs.
  This summer, Union of Concerned Scientists released its survey of the 
scientists at the FDA. These scientists are my constituents. They found 
the morale of trusted and respected employees has been battered by 
years of weak leadership. This survey is important because it gives a 
public voice to scientists who aren't in a position to place their jobs 
on the line to suffer retaliation for speaking the truth and to 
potentially jeopardize their families.
  The FDA needs a major overhaul and a culture change at the highest 
levels in order to continue to meet its mission. The FDA needs to 
reestablish its relationship with its own scientists. The FDA's focus 
should be only on science and the public good. And I am hoping that Dr. 
Von Eschenbach will be the strong leader the FDA needs to accomplish 
this overhaul.
  My criterion for looking at every nomination are competence, 
integrity,

[[Page S11449]]

commitment to the mission of the Agency.
  Competence: Management expertise is essential to effectively run FDA 
without redtape and bureaucracy. The FDA has over 10,000 dedicated 
employees and has a budget of nearly $2 billion. Strong management 
skills and leadership are essential to ensure that FDA can efficiently 
and effectively carry out its many responsibilities.
  Integrity: The individual must be well-respected by patient/consumer 
groups and the industry so that FDA commands the respect of the public 
and the industry it regulates. The FDA Commissioner must also be an 
honest broker and listener who can make tough calls on contentious 
issues.
  Commitment to the mission of the Agency: Decisions must be made based 
on sound science and public health, not ideology. The nominee must 
maintain the FDA gold standard of safety and efficacy, ensuring timely 
approval of new therapies to save lives, help patients live longer and 
improve their quality of life and ensuring safety of our food supply.
  The FDA needs strong leadership. Dr. Von Eschenbach is an experienced 
and respected scientist. We need his leadership to help Congress 
establish the legislative framework needed to reform FDA: We need to 
restore the morale at FDA; we need to restore confidence in the FDA for 
all Americans; and we need to restore FDA to the world's premier food 
and safety regulatory agency.
  We need his commitment to ensure that the best possible science 
informs the decisions the FDA makes every day. We need him to ensure a 
culture of openness so that management listens to and addresses the 
concerns of your employees. We need him to make significant changes to 
transform the Agency to the gold standard it once was.
  FDA sets the gold standard. Yet today we have ideology over science, 
ideology over competence. I strongly believe the FDA needs a strong 
permanent Director. I will therefore vote for Andrew Von Eschenbach in 
the hopes that he can become that strong leader FDA needs and the 
American public deserves.
  Mr. McCONNELL. Mr. President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. KENNEDY. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. KENNEDY. Mr. President, at 5:45, in just 15 minutes, we will have 
an opportunity to vote on the nominee to head the Food and Drug 
Administration. I want to first of all commend my friend, the chairman 
of our human resource committee, Senator Enzi, for his leadership over 
this period of time in giving the assurance to the agency, and much 
more importantly to the American people, that we are going to have 
someone in charge of this agency able to exercise executive decisions, 
to make sure the agency itself is going to fulfill its role in 
protecting the health of the American people. So first of all, I thank 
my colleague and friend, Senator Enzi, for making sure we are going to 
get an opportunity to vote.
  I thank the majority leader, Senator Frist, for making sure that we 
were not going to leave this session without having a final vote on the 
nominee.
  In the last 5 years, only in one of those years did we have a head of 
the FDA. The rest of the time, they were ``acting.'' A good deal of the 
time, there was virtually no presence. This is the most important 
health agency that guides and guards American's health, the health of 
our children, the health of the elderly, and the health of families in 
our Nation. So this is a very important point, and I welcome the 
opportunity to urge the Senate to approve Andrew von Eschenbach for 
this position.
  As I mentioned, the Food and Drug Administration oversees the 
products that account for fully a quarter of the entire U.S. economy. 
Every day, the agency makes decisions that mean the difference between 
life and death for countless patients. Millions of Americans rely on 
drugs the FDA approves to protect them from sickness, and every family 
in America counts on the FDA to see that the food they eat is free from 
contamination.
  Now we are in the life science century, and the opportunities for 
breakthroughs with new drugs is unlimited. With the progress we have 
made in the Human Genome Project and the sequencing of the genes, the 
research that is being done across this Nation, the possibilities are 
virtually unlimited. But it is all new science. We have to make sure 
that this agency which is going to make the judgments and decisions 
about approval or disapproval is going to have the best in terms of 
scientists, the best in terms of leadership. That is at issue here if 
we do not have someone who is going to be the head of the FDA to make 
sure the agency that has responsibility for the safety of prescription 
drugs is going to work in ways to protect the American consumer; that 
the agency that is in charge of the food safety in this country is 
going to work to ensure that it is going to be effective for the 
American people.
  Now the agency itself, the FDA, urgently needs treatment. For too 
long, it has been without a confirmed leader. It has become a ship 
without a captain, lacking the initiative and confidence that only a 
confirmed commissioner can bring. Year after year, under this 
administration, the FDA has been allowed to drift, and year after year 
the challenges that face the agency have grown.
  Think of the controversies--about antidepressants, about the 
withdrawal of Vioxx, about the sale of Plan B over the counter, about 
adequate review of drugs on the market. The agency has had to struggle 
unfairly with difficult scientific questions, inadequate resources and 
authority, and political pressures to ignore the science that must be--
good science has to be at the heart of its mission.
  Finally, the day is here when the Senate can act to confirm a 
commissioner whose job No. 1 will be to restore the leadership to this 
essential agency and begin the process of addressing the many major 
concerns that have gone unmet for so long.
  Dr. von Eschenbach is a good choice to lead the FDA. At the National 
Cancer Institute, he led bold initiatives on the human genome and 
nanotechnology. As a physician for patients with cancer and a survivor 
of cancer himself, he brought an indispensable patient-centered 
perspective to the Cancer Institute, and he will bring that to the Food 
and Drug Administration as well.
  Dr. von Eschenbach was able to find a solution to the controversy 
about allowing the over-the-counter sales of Plan B. We may never know 
the battles he had to fight and win to achieve that solution, but his 
integrity and tenacity in achieving a solution speak volumes for his 
character and his commitment to public health.
  FDA has long been regarded as the gold standard in regulatory work. 
That will continue to be true only if it makes independent, science-
based decisions, in both fact and appearance, and under Dr. von 
Eschenbach's leadership, we expect FDA to make those discussions solely 
on the basis of science and in the best interests of public health. To 
do the job we expect----

  The PRESIDING OFFICER. The time of the Senator has expired.
  Mr. KENNEDY. I ask, if there is no objection, that I be able to 
proceed for another 4 minutes?
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. KENNEDY. Mr. President, we have to make sure the agency itself is 
going to have the adequate resources that are going to be necessary to 
protect the public interest. What we are talking about here is making 
sure they have the best, in terms of science--in terms of prescription 
drugs and the new breakthroughs. We have the whole range of new medical 
devices which are out there. The United States is leading the way. We 
want to make sure they are safe and effective. The agency has important 
responsibilities in terms of the safety of our food supply. We have 
given it additional kinds of responsibilities to deal with the 
challenges of the war on terror.
  This agency has enormous responsibilities in terms of the consumers 
and the families of this Nation. It needs the strong leadership which I 
think the nominee can bring, and it needs the kind of support from the 
Congress that

[[Page S11450]]

will permit it to be the true gold standard for safety and for 
improving the health of the American people.
  As other agencies are set up around the world--in Western Europe and 
now even in Asia--the place they look is at the FDA, and for very good 
reason. We want this agency to be the best. It can be the best. With a 
new leader and hopefully with the new Congress giving the agency the 
kind of support it should have, we can make sure the health of the 
American people in these important areas is going to be secure for the 
future.
  Again, I thank my friend and colleague from Wyoming for his 
persistence and tenacity in making sure where we are this evening. We 
would not be here if it had not been for his good work on this issue, 
as in so many others. I thank him, and the American people ought to 
know that this is an enormously important vote to protect their 
interests. I hope this nominee is approved overwhelmingly.
  The PRESIDING OFFICER. The Senator from Wyoming.
  Mr. ENZI. Mr. President, I thank the Senator from Massachusetts, Mr. 
Kennedy, for his tremendous effort over the last 2 years as we have 
worked on health issues but particularly as we have worked on the FDA. 
The Food and Drug Administration is critical to the people of this 
country, and Senator Kennedy and I have been asking to have a fully 
confirmed person heading that up every opportunity we have had. We have 
been reminding people they did not want to be the one objecting if 
there happened to be a national safety crisis in food or health. It is 
just so critical.
  People say he is ``acting.'' When you are the acting person in a 
position, you really do not have the authority. It means people are 
looking over your shoulder, seeing what you are doing, making sure you 
are dotting every ``I'' and crossing every ``t'' and following every 
rule and listening to every agency that has any control over you. 
Someone who is fully confirmed can be the boss.
  A lot of people would say: Why would this highly qualified doctor 
take this job?
  I am sure now that he has been through the confirmation process, he 
is probably thinking: Why I would take that job? I am hoping he is not. 
In fact, earlier today I called him to let him know that the delay in 
getting a final vote on his confirmation had nothing to do with him, 
that we had some other logistical process things we were going through, 
that there would be a final vote today, and that I suspected, in light 
of the cloture vote, there would not be any problem. I am pleased that 
it still looks that way. I am anxious to call him and let him know he 
is fully confirmed as a commissioner and he can start to work on some 
of the morale problems that he talked about, can start to work on some 
of the other vision things he has in mind, and people will know he has 
the full authority to do that.
  I do want to remind people that the FDA's mission is broad. It 
regulates food, it regulates drugs, it regulates biologics--and I wish 
I had time to explain all of what that is--medical devices. You 
probably didn't know that he handles animal feed, and that is because 
animals are ingested and could cause a problem, too. He is also in 
charge of cosmetics. For every dollar Americans spend, this agency 
regulates 25 cents of that dollar in products.
  As science progresses, the challenges to regulation will grow. The 
FDA regulates a host of new products that blur the FDA's traditional 
boundaries, and that is one of the reasons the Senator from 
Massachusetts and I have been working on a FDA reform bill for a year 
and a half. We have now held hearings on that.
  It is a very bipartisan bill. We have had some outstanding comments. 
There is a possibility to make the agency better, and we are going to 
continue to work on that so that all the new innovations that require a 
nimble and responsive agency to regulate them, and resources to match, 
will be in place so that he can do the kind of job he needs to do.
  This is such a critical role in our Nation's public health, it is 
such an important agency, I do ask for people to give him a resounding 
vote in this confirmation.
  Again, I thank Senator Kennedy, who is the ranking member on the 
committee and soon to be the chairman of the Health, Education, Labor, 
and Pensions Committee, for his hard work and support during the 
process. I think it is time to bring this process to a close so we can 
get him confirmed as quickly as possible and have a true, fully 
confirmed Commissioner of Food and Drug.
  I thank Dr. von Eschenbach for his patience with our process and for 
the work he has done in spite of the process. I look forward to getting 
to see the kind of job he will do as a fully confirmed physician. I ask 
for your vote in support of him.
  I yield the floor.
  The PRESIDING OFFICER. The majority leader.
  Mr. FRIST. Mr. President, in a couple of minutes we are going to turn 
to a very important vote, a vote that to me is significant because it 
touches every single American in some shape or form. Much has been said 
over the course of today about the scope of the FDA, the importance of 
having an FDA Commissioner, a permanent FDA Commissioner, and we will 
realize that shortly.
  Earlier this year we celebrated the 100th anniversary of the Food and 
Drug Administration, which is an administration that I have used 
professionally in my previous profession in everything from the 
thousands of prescriptions I have written, to investigational drugs, to 
left ventricular devices, to lasers and artificial hearts. I have seen 
first hand how important it is to have an appropriate regulatory agency 
there. The Food and Drug Administration, as we all know, as we have 
said this afternoon, is America's first scientific regulation body. 
While the agency has adapted and changed with the times, it has 
remained true to its purpose of protecting interests of everyone who is 
listening to me, the American consumer.
  In a few minutes we will vote on the nomination of a very good 
friend, Dr. Eschenbach, to the position of Commissioner of the Food and 
Drug Administration.
  I have known Dr. Eschenbach, again professionally, and I have had 
mutual patients with him. And he has assisted in many ways as we have 
looked at appropriate therapy for individuals from across the country. 
He is currently serving as Acting Commissioner. I have interacted with 
him in that regard. He has demonstrated a capacity to lead and to 
administer in an exceptional way the Food and Drug Administration with 
sensitive issues on a daily basis. It is important that we have a 
permanent person in that position, and he is the ideal person, the 
ideal candidate to do just that.
  In both his professional and personal life, Dr. Eschenbach has 
experience: as a cancer survivor, as Director of the National Cancer 
Institute, literally a nationally renowned urologic surgeon and 
oncologist, which all attest to the superlative qualifications to 
handle that challenging job, as we all know, as FDA Commissioner.
  I hope colleagues will join me in supporting Dr. Eschenbach's 
nomination.
  The PRESIDING OFFICER. All time has expired.
  The question is, Will the Senate advise and consent to the nomination 
of Andrew von Eschenbach, of Texas, to be Commissioner of Food and 
Drugs, Department of Health and Human Services?
  Mr. ENZI. Mr. President, I ask for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second?
  There is a sufficient second.
  The clerk will call the roll.
  The legislative clerk called the roll.
  Mr. McCONNELL. The following Senators were necessarily absent: the 
Senator from Montana (Mr. Burns), the Senator from South Carolina (Mr. 
Graham), the Senator from Utah (Mr. Hatch), the Senator from Arizona 
(Mr. McCain), and the Senator from Virginia (Mr. Warner).
  Further, if present and voting, the Senator from Utah (Mr. Hatch) 
would have voted ``yea.''
  Mr. DURBIN. I announce that the Senator from Delaware (Mr. Biden), 
the Senator from Connecticut (Mr. Dodd), the Senator from Vermont (Mr. 
Jeffords), and the Senator from Nevada (Mr. Reid), are necessarily 
absent.
  The PRESIDING OFFICER. Are there any other Senators in the Chamber 
desiring to vote?

[[Page S11451]]

  The result was announced--yeas 80, nays 11, as follows:

                      [Rollcall Vote No. 274 Ex.]

                                YEAS--80

     Akaka
     Alexander
     Allard
     Allen
     Bayh
     Bennett
     Bingaman
     Bond
     Boxer
     Bunning
     Burr
     Byrd
     Cantwell
     Carper
     Chafee
     Chambliss
     Clinton
     Coburn
     Cochran
     Coleman
     Collins
     Conrad
     Cornyn
     Craig
     Crapo
     Dayton
     Dole
     Domenici
     Dorgan
     Durbin
     Ensign
     Enzi
     Feingold
     Feinstein
     Frist
     Gregg
     Hagel
     Harkin
     Hutchison
     Inouye
     Isakson
     Johnson
     Kennedy
     Kerry
     Kohl
     Kyl
     Landrieu
     Lautenberg
     Leahy
     Levin
     Lieberman
     Lincoln
     Lott
     Lugar
     Martinez
     McConnell
     Menendez
     Mikulski
     Murkowski
     Murray
     Nelson (FL)
     Nelson (NE)
     Obama
     Pryor
     Reed
     Roberts
     Rockefeller
     Salazar
     Sarbanes
     Schumer
     Sessions
     Shelby
     Smith
     Specter
     Stabenow
     Stevens
     Sununu
     Thomas
     Thune
     Wyden

                                NAYS--11

     Baucus
     Brownback
     DeMint
     DeWine
     Grassley
     Inhofe
     Santorum
     Snowe
     Talent
     Vitter
     Voinovich

                             NOT VOTING--9

     Biden
     Burns
     Dodd
     Graham
     Hatch
     Jeffords
     McCain
     Reid
     Warner
  The nomination was confirmed.
  Mr. ENZI. I ask unanimous consent that the President be immediately 
notified of the Senate's action and that the Senate return to 
legislative session.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________