[House Report 109-715]
[From the U.S. Government Publishing Office]



109th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     109-715

======================================================================



 
                  PHYSICIANS FOR UNDERSERVED AREAS ACT

                                _______
                                

December 5, 2006.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

 Mr. Sensenbrenner, from the Committee on the Judiciary, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 4997]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on the Judiciary, to whom was referred the bill 
(H.R. 4997) to permanently authorize amendments made by the 
Immigration and Nationality Technical Corrections Act of 1994 
for the purpose of permitting waivers of the foreign country 
residence requirement with respect to certain international 
medical graduates, having considered the same, report favorably 
thereon with amendments and recommend that the bill as amended 
do pass.

  The amendments are as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Physicians for Underserved Areas 
Act''.

SEC. 2. WAIVER OF FOREIGN COUNTRY RESIDENCE REQUIREMENT WITH RESPECT TO 
                    INTERNATIONAL MEDICAL GRADUATES.

  Section 220(c) of the Immigration and Nationality Technical 
Corrections Act of 1994 (8 U.S.C. 1182 note; Public Law 103-416) (as 
amended by section 1(a)(1) of Public Law 108-441) is amended by 
striking ``June 1, 2006.'' and inserting ``June 1, 2008.''.

SEC. 3. EFFECTIVE DATE.

  The amendment made by section 2 shall take effect as if enacted on 
May 31, 2006.

  Amend the title so as to read:

      A bill to extend for 2 years the authority to grant 
waivers of the foreign country residence requirement with 
respect to certain international medical graduates.

                          Purpose and Summary

    H.R. 4997 reauthorizes for two years the program whereby 
aliens who participate in medical residencies in the United 
States on exchange program visas (known as ``J'' visas) do not 
have to leave the U.S. at the conclusion of their residencies 
to reside abroad for two years if they agree to practice 
medicine for three years in an area designated by the Secretary 
of Health and Human Services (``HHS'') as having a shortage of 
health care professionals.\1\
---------------------------------------------------------------------------
    \1\ This program is sometimes referred to as the ``Conrad 30'' 
program, after Senator Conrad, the original author of the program.
---------------------------------------------------------------------------

                Background and Need for the Legislation

    Aliens who participate in medical residencies in the United 
States on ``J'' exchange program visas must generally leave the 
U.S. at the conclusion of their residencies to reside abroad 
for two years before they can be eligible for permanent 
residence or status as ``H-1B'' or ``L'' visa nonimmigrants.\2\ 
The intent behind this policy is to encourage American-trained 
foreign doctors to return home to improve health conditions and 
advance the medical profession in their native countries.
---------------------------------------------------------------------------
    \2\ Immigration and Nationality Act Sec. 212(e)(iii).
---------------------------------------------------------------------------
    In 1994, Congress created a waiver (until June 1, 1996) of 
the two-year foreign residency requirement when a state 
department of public health requested it for foreign doctors 
who committed to practice medicine for no less than three years 
in a geographic area or areas designated by the Secretary of 
HHS as having a shortage of health care professionals.\3\ The 
number of foreign doctors who could receive the waiver was 
limited to 20 per state. In 1996, Congress extended the waiver 
to June 1, 2002.\4\ In 2002, Congress extended the waiver until 
June 1, 2004.\5\ At the same time, the numerical limitation on 
waivers was increased to 30 per state.
---------------------------------------------------------------------------
    \3\ See the Immigration and Nationality Technical Corrections Act, 
Pub. L. No. 103-416, Sec. 220 (1994).
    \4\ See the Illegal Immigration Reform and Immigrant Responsibility 
Act, Pub. L. No. 104-208, Sec. 622 (1996).
    \5\ See the 21st Century Department of Justice Appropriations 
Authorization Act, Pub. L. No. 107-273, Sec. 11018 (2002). Section 
11018 incorporated the language of H.R. 4858, which was reported by the 
House Judiciary Committee on June 24, 2002, and passed the House on 
June 25, 2002.
---------------------------------------------------------------------------
    In late 2004, Congress extended the waiver until June 1, 
2006.\6\ The extension allows five of each state's 30 waivers 
to go to doctors not practicing medicine in areas designated by 
the Secretary of HHS as having a shortage of health care 
professionals, as long as the doctors receiving the waivers 
agree to serve patients living in such areas. Also, if a 
physician seeking a waiver will practice specialty medicine, 
there must be a shortage of health care professionals able to 
provide services in that specialty to the patients who will be 
served by the physician. Finally, the extension exempts 
physicians from the H-1B numerical cap.
---------------------------------------------------------------------------
    \6\ See Pub. L. No. 108-441.
---------------------------------------------------------------------------
    The waiver requirements are as follows: the Secretary of 
Homeland Security may authorize a waiver upon the request of an 
interested U.S. government agency or a director of a state 
department of public health (or its equivalent) as in the 
public interest \7\ if:
---------------------------------------------------------------------------
    \7\ See INA Sec. 212(e).
---------------------------------------------------------------------------
    (1) In the case of an alien who is otherwise contractually 
obligated to return to a foreign country, the government of 
such country furnishes the U.S. government with a statement in 
writing that it has no objection to a waiver;
    (2) The alien demonstrates a bona fide offer of full-time 
employment at a health facility or health care organization and 
that employment has been determined by the Secretary of Health 
and Human Services to be in the public interest;
    (3) The alien agrees to begin employment within 90 days of 
receiving the waiver, and agrees to continue to work for not 
less than three years (unless the Secretary determines that 
extenuating circumstances exist, such as closure of the 
facility or hardship to the alien, which would justify a lesser 
period of employment at such facility or organization, in which 
case the alien must demonstrate another bona fide offer of 
employment at a health care facility or health care 
organization for the remainder of the three-year period); and
    (4) The alien agrees to practice medicine for the three-
year period only in the geographic area or areas which are 
designated by the Secretary of HHS as having a shortage of 
health care professionals (except in the case of a request by 
the Department of Veterans Affairs or in the case of a request 
by an interested Federal agency to employ the alien full-time 
in medical research or training) or in a medical facility that 
serves patients who live in medically underserved areas (up to 
5 waivers per state).
    H.R. 4997 reauthorizes in its present form the waiver 
program for physicians who receive training in the United 
States on a J-visa and agree to practice in underserved areas 
until June 1, 2008.

                                Hearings

    The Subcommittee on Immigration, Border Security, and 
Claims held one day of hearings on H.R. 4997 on May 18, 2006. 
Testimony was received from: Congressman Jerry Moran; Edward 
Slasber, the Center for Workforce Studies; John B. Crosby, the 
American Osteopathic Association; and Leslie G. Aronovitz, the 
United States Government Accountability Office.

                        Committee Consideration

    On September 27, 2006, the Committee met in open session 
and ordered favorably reported the bill H.R. 4997 with an 
amendment by voice vote, a quorum being present.

                         Vote of the Committee

    In compliance with clause 3(b) of rule XIII of the Rules of 
the House of Representatives, the Committee notes that there 
were no recorded votes during the committee consideration of 
H.R. 4997.

               New Budget Authority and Tax Expenditures

    Clause 3(c)(2) of rule XIII of the Rules of the House of 
Representatives is inapplicable because this legislation does 
not provide new budgetary authority or increased tax 
expenditures.

               Congressional Budget Office Cost Estimate

    In compliance with clause 3(c)(3) of rule XIII of the Rules 
of the House of Representatives, the Committee sets forth, with 
respect to the bill, H.R. 4997, the following estimate and 
comparison prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act of 
1974:

                                                September 28, 2006.
Hon. F. James Sensenbrenner, Jr.,
Chairman, Committee on the Judiciary,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 4997, the 
Physicians for Underserved Areas Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Mark 
Grabowicz.
            Sincerely,
                                          Donald B. Marron,
                                                   Acting Director.
    Enclosure.

H.R. 4997--Physicians for Underserved Areas Act

    CBO estimates that implementing H.R. 4997 would result in 
no significant net cost to the federal government. The bill 
would affect direct spending, but we estimate that any effects 
would be insignificant. H.R. 4997 contains no intergovernmental 
or private-sector mandates as defined in the Unfunded Mandates 
Reform Act and would not affect the budgets of state, local, or 
tribal governments.
    Until June 1, 2006, foreign students attending medical 
school in the United States were permitted to remain after 
graduation if they agreed to work for at least three years in 
certain regions of the country considered to be underserved by 
physicians or if they accepted employment with certain federal 
agencies. That program was limited to 30 individuals a year for 
each state that participated in the program. Under current law, 
such individuals must return to their native countries. H.R. 
4997 would reestablish this program through June 1, 2008.
    Based on the participation of foreign medical students in 
those employment programs in recent years, CBO expects that the 
bill's provisions would affect fewer than 2,000 persons 
annually. The Bureau of Citizenship and Immigration Services 
(CIS) would collect fees to provide work permits for those 
individuals. CIS fees are classified as offsetting receipts (a 
credit against direct spending). The agency is authorized to 
spend such fees without further appropriation, so the net 
impact on CIS spending would be insignificant.
    The CBO staff contact for this estimate is Mark Grabowicz. 
This estimate was approved by Robert A. Sunshine, Assistant 
Director for Budget Analysis.

                    Performance Goals and Objectives

    The Committee states that pursuant to clause 3(c)(4) of 
rule XIII of the Rules of the House of Representatives, H.R. 
4997 would extend for two years the program whereby aliens who 
participate in medical residencies in the United States on 
``J'' exchange program visas do not have to leave the U.S. at 
the conclusion of their residencies to reside abroad for two 
years if they agree to practice medicine for three years in an 
area designated by the Secretary of Health and Human Services 
as having a shortage of health care professionals.

                   Constitutional Authority Statement

    Pursuant to rule XI, clause 2(1)(4) of the Rules of the 
House of Representatives, the Committee finds the authority for 
this legislation in Article I, section 8 of the Constitution.

               Section-by-Section Analysis and Discussion

    The following discussion describes the bill as reported by 
the Committee.

Sec. 1. Short title

    This bill may be cited as the ``Physicians for Underserved 
Areas Act.''

Sec. 2. Waiver of foreign country residency requirement with respect to 
        international medical graduates

    This section extends for two years the program whereby 
aliens who participate in medical residencies in the United 
States on ``J'' exchange program visas do not have to leave the 
U.S. at the conclusion of their residencies to reside abroad 
for two years if they agree to practice medicine for three 
years in an area designated by the Secretary of Health and 
Human Services as having a shortage of health care 
professionals.

Sec. 3. Effective date

    This section makes the amendments in Section 2 effective as 
if they had been enacted on May 31, 2006.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

 SECTION 220 OF THE IMMIGRATION AND NATIONALITY TECHNICAL CORRECTIONS 
                              ACT OF 1994


SEC. 220. WAIVER OF FOREIGN COUNTRY RESIDENCE REQUIREMENT WITH RESPECT 
                    TO INTERNATIONAL MEDICAL GRADUATES.

  (a) * * *

           *       *       *       *       *       *       *

  (c) Effective Date.--The amendments made by this section 
shall apply to aliens admitted of the United States under 
section 101(a)(15)(J) of the Immigration and Nationality Act, 
or acquiring such status after admission to the United States, 
before, on, or after the date of enactment of this Act and 
before [June 1, 2006.] June 1, 2008.

                           Markup Transcript




                            BUSINESS MEETING

                     WEDNESDAY, SEPTEMBER 27, 2006

                  House of Representatives,
                                Committee on the Judiciary,
                                                    Washington, DC.
    The Committee met, pursuant to notice, at 10:09 a.m., in 
Room 2141, Rayburn House Office Building, the Honorable F. 
James Sensenbrenner, Jr. (Chairman of the Committee) presiding.
    Chairman Sensenbrenner. The Committee will be in order. A 
working quorum is present.
    I would like to note that this will likely be the final 
Committee markup during the 109th Congress, and my last as 
Chairman.
    Additionally, this will be the last markup for several 
esteemed members of the Committee who are planning to move on 
from the halls of Congress. I would like to recognize each of 
these individuals and to thank them for their service to the 
nation and to this Committee.
    Chairman Henry Hyde will be retiring at the end of this 
year after 31 years of service representing the 6th District of 
Illinois. He has been a member of the Judiciary Committee 
throughout his entire congressional tenure, and, as we all 
know, he served very capably as Chairman from 1995 to 2001, and 
as Chairman of the International Relations Committee for the 
past 6 years. He leaves an impressive legacy, particularly as a 
forceful advocate for the rights of the unborn, and will be 
greatly missed. We all wish him well as he moves on to the good 
life, to find his life after Congress.
    Congressman William Jenkins will also be retiring at the 
end of this Congress. He has served on the Committee since 1997 
when he began his congressional career. Thank you for your 
excellent service, and we wish you well.
    Congressman Mark Green is currently running to be governor 
of the great state of Wisconsin. He has been a valuable member 
of the Committee, and I trust that he will ably serve my fellow 
Wisconsinites and me as governor. And good luck to you.
    In addition, three Committee staff are set to retire at the 
end of the year: our majority chief clerk Tish Schwartz, 
publishing clerk Joseph McDonald, and our office manager 
Michele Utt. Together, they have over 81 years of combined Hill 
experience. And thank you all for your years of dedication and 
hard work.
    Now, we ain't done yet, so it is time to start on in.
    [Intervening business.]
    Chairman Sensenbrenner. The next item on the agenda is H.R. 
4997, the ``Physicians for Underserved Areas Act,'' for 
purposes of markup. And I move its favorable recommendation to 
the House.
    Without objection, the bill will be considered as read and 
open for amendment at any point.
    [The bill, H.R. 4997, follows:]
    
    
    Chairman Sensenbrenner. The chair recognizes the gentleman 
from Indiana, Mr. Hostettler, the Chairman of the Immigration 
Subcommittee, for 5 minutes to explain the bill.
    Mr. Hostettler. Thank you, Mr. Chairman.
    Today, we are considering H.R. 4997, the ``Physicians for 
Underserved Areas Act.'' This legislation authored by our 
colleague, Jerry Moran of Kansas, reauthorizes the J-1 Visa 
Waiver Program for physicians who agree to work in underserved 
areas, which expired on June 1 of this year.
    Under current law, foreign doctors may come to the United 
States to complete their residency training. Many do so using 
the J-1 visa, which is for cultural exchange and training 
programs.
    One of the requirements for physicians who use the J visa 
is that the participant return to his or her home country for 2 
years upon completion of the training program in the United 
States. The purpose of this foreign residency requirement is to 
encourage American-trained physicians to return to their 
country and improve medical conditions there.
    Since 1994, Congress has waived the 2-year foreign 
residency requirement for physicians who agree to work in an 
underserved area of the United States, as designated by the 
Department of Health and Human Services. Each state receives 30 
such waivers per year.
    The waiver program allows states to recruit foreign-born 
physicians to areas that are unable to recruit sufficient 
numbers of American physicians. Many communities that might 
otherwise have no access to medical services now have 
physicians nearby as a result of this program.
    It also responds to an overall shortage of physicians in 
the United States, a shortage that seems to be growing. Several 
months ago, the Subcommittee on Immigration, Border Security, 
and Claims examined this legislation, and it was apparent to me 
that there is in fact a growing physician shortage in the 
United States.
    However, the J visa waiver program is only a temporary fix 
to a much larger problem. Congress must also focus on other 
ways to address the shortage. Medical training programs in the 
United States should be sufficiently expanded so that we are 
training more American physicians here in the United States.
    I plan to offer an amendment on behalf of myself and 
Ranking Member Sheila Jackson-Lee that would reauthorize the 
program for 2 years, rather than permanently.
    The physician shortage in the United States is a 
multifaceted problem, and I believe we should revisit the issue 
from time to time so that we don't lose sight of the real 
problems that need to be addressed.
    A 2-year reauthorization will also give us the opportunity 
to address problems faced by larger states like Texas, where 
the need for waivers each year exceeds 30, without 
disadvantaging small states.
    By reauthorizing the waiver program through this 
legislation, we will provide states with some relief to the 
physicians shortage they are currently facing, but it is a 
temporary fix to a much larger problem.
    I am hopeful that this Committee and other Committees of 
jurisdiction will work to find ways to educate and train 
greater numbers of American physicians, and reduce our reliance 
on foreign physicians.
    I yield back the balance of my time.
    Chairman Sensenbrenner. The gentleman from Michigan, Mr. 
Conyers, is recognized for 5 minutes.
    Mr. Conyers. Mr. Chairman, I rise in support of H.R. 4997. 
I am pleased that we are considering the bill to extend the J-1 
Visa Waiver Program for another 2-year period. This visa waiver 
program is critically important to bringing essential medical 
services to residents of underserved rural and urban areas, 
including parts of my own district in Detroit.
    The J-1 program allows some foreign doctors who have 
completed their medical training in the United States to remain 
here to practice medicine for 2 years, if they will serve 
patients in the regions of the country that the Federal 
Government defines as medically underserved.
    These tend to be less-affluent urban areas with high 
population densities and insufficient medical services from 
general practitioners and specialists, as well as rural areas 
that are far from medical centers and may have trouble 
attracting enough doctors to meet the community's needs.
    These communities are particularly desperate for physician 
services because of the growing national shortage of doctors 
our own country is facing. A recent Los Angeles Times article 
detailed the looming crisis quite well, in medical care in the 
United States as demand for medical services explodes. The 
article noted industry fears that shortages may become even 
more severe over the next decade due to the flat medical school 
enrollments, aging baby boomers, and the high number of doctors 
headed for retirement.
    While some communities enjoy a glut of physicians, one in 
five Americans live in rural or urban areas with so few doctors 
that the Federal Government has classified these regions as 
medically underserved. It is these Americans that foreign 
doctors assist when they get a J-1 visa to practice medicine in 
communities that don't have enough American doctors.
    I do believe we need to make improvements in this program 
so that it better meets the needs of the underserved. Right 
now, some states who receive J-1 doctors through the Conrad 30 
Program don't use their allotment of 30 waivers each year, 
while other states find that 30 waivers are insufficient to 
meet the medical needs of their communities.
    In addition, some states may not need 30 waivers, but other 
states have trouble recruiting all of the doctors they need. 
The result is that some citizens are still unable to get 
essential medical care.
    We need a plan that ensures that states having trouble 
recruiting enough doctors will be able to fill their allotment 
for J-1 doctors, and secondly, ensures that states which fill 
their annual allotment of J-1 doctors can get more of them to 
meet their needs, without impinging on any other state.
    In this way, the needs of all states, and most importantly 
all of the citizens in underserved areas, can be met until our 
medical schools in this country are able to increase the number 
of graduates to meet our domestic needs.
    I am pleased that the Subcommittee Chairman Hostettler and 
Ranking Member Jackson-Lee are mutually pledged to work on a 
solution to these additional problems in the coming Congress. I 
look forward with them and other colleagues in the House and 
Senate to improve, extend and sustain this vital visa program 
in the near future.
    I return the balance of my time.
    Chairman Sensenbrenner. Without objection, all members' 
opening statements will appear in the record to this point.
    [The prepared statement of Ms. Jackson-Lee follows:]
       Prepared Statement of the Honorable Sheila Jackson-Lee, a 
    Representative in Congress from the State of Texas, and Member, 
                       Committee on the Judiciary
    Foreign doctors who want to receive medical training in the United 
States on J visas are required to leave the country afterwards. They 
must return to their countries for two years before they can receive a 
visa to work in the United States as physicians. In 1994, Congress 
established a waiver of this requirement. The waiver applies to doctors 
who will commit to practicing medicine for no less than three years in 
a geographic area designated by the Secretary of Health and Human 
Services as having a shortage of health care professionals.
    The waiver program has been successful for more than a decade. It 
permits each state to obtain waivers permitting up to 30 of these 
physicians to work in medically underserved areas. It is not a 
permanent program. It sunsetted June 1, 2006. The Physicians for 
Underserved Areas Act, H.R. 4997, would reinstate the program and make 
it permanent.
    The amendment that Rep. Hostettler and I are offering would provide 
for a two-year extension instead of making the program permanent. Rep. 
Hostettler has agreed to work with me next year on devising a way to 
redistribute unused visa waivers.
    A distribution problem was revealed by a study that Rep. Hostettler 
and I asked the General Accountability Office (GAO) to conduct. 
According to the GAO study, the system of providing up to 30 waivers 
per state is not working well. A substantial percentage of the states 
do not need 30 waivers a year. There were 664 unused waivers in FY2005. 
Other states need more than 30 waivers a year for their medically 
undeserved areas.
    The states that reported needing more than 30 waivers only want 
between 5 and 50 more physicians. Their needs can be met by 
redistributing some of the unused waivers, but this must be done 
carefully. Some states expressed concern to GAO about redistributing 
unused waivers. They are afraid that physicians would wait and apply to 
the more popular states that would be receiving the redistributed 
waivers. This problem has to be resolved before we can move forward 
with the development of a redistribution plan.
    I urge you to vote for the amendment to H.R. 4997 that would 
provide for a two-year extension and give us time for consideration of 
modifications in the program. Thank you.

    Chairman Sensenbrenner. Are there any amendments?
    The gentleman from Indiana, for what purpose do you seek 
recognition?
    Mr. Hostettler. I have an amendment at the desk.
    Chairman Sensenbrenner. The clerk will report the 
amendment.
    The Clerk. ``Amendment to H.R. 4997, Offered by Mr. 
Hostettler of Indiana and Ms. Jackson-Lee of Texas. Page 2, 
strike lines 7 and 8 and insert the following''----
    [The amendment by Mr. Hostettler and Ms. Jackson-Lee 
follows:]


    Mr. Hostettler. Mr. Chairman, I ask unanimous consent that 
the amendment be considered as read.
    Chairman Sensenbrenner. Without objection, so ordered. The 
gentleman is recognized for 5 minutes.
    Mr. Hostettler. I thank the Chairman.
    Mr. Chairman, this amendment reflects an agreement between 
myself and Congresswoman Jackson-Lee, the Ranking Member of the 
Immigration Subcommittee.
    As you have pointed out, her opening statement will be made 
a part of the record. Our colleague, Ms. Jackson-Lee, is in 
Houston, attending the funeral of fallen Houston Police Officer 
Rodney Joseph Johnson, who was slain in the line of duty.
    This amendment reauthorizes the J Visa Waiver Program for 
an additional 2 years, as opposed to a permanent 
reauthorization. By authorizing the program for 2 years, 
Congress will have time to further examine needed changes to 
the program and address those changes only after careful 
consideration.
    I hope you will join me in supporting this bipartisan 
amendment.
    And I yield back the balance of my time.
    Chairman Sensenbrenner. The gentleman from Michigan?
    Mr. Conyers. Mr. Chairman, I rise in support of the 
amendment.
    Chairman Sensenbrenner. The gentleman is recognized for 5 
minutes.
    Mr. Conyers. I notice that both our Ranking Member and the 
Subcommittee member are in agreement. I agree with the 
amendment. I also ask unanimous consent to add into the record 
the Los Angeles Times article about the looming crisis.
    Chairman Sensenbrenner. Without objection.
    [The article follows:]
    
    

    Mr. Conyers. I turn back the rest of my time.
    Chairman Sensenbrenner. The question is on agreeing to the 
amendment offered by the gentleman from Indiana, Mr. 
Hostettler.
    Those in favor will say ``aye.''
    Opposed, ``no.''
    The ayes appear to have it. The ayes have it. The amendment 
is agreed to.
    Are there further amendments?
    If there are no further amendments, a reporting quorum is 
present. The question occurs on the motion to report the bill, 
H.R. 4997, favorably, as amended.
    All in favor will say ``aye.
    Opposed, ``no.''
    The ayes appear to have it. The ayes have it. The motion to 
report favorably is agreed to.
    Without objection, the bill will be reported favorably to 
the House in the form of a single amendment in the nature of a 
substitute, incorporating the amendment adopted here today.
    Without objection, the staff is directed to make any 
technical and conforming changes. And all members will be given 
2 days, as provided by the House rules, in which to submit 
additional, dissenting, supplemental or minority views.
    [Intervening business.]
    Chairman Sensenbrenner. For what purpose does the gentleman 
from Texas seek recognition?
    Mr. Smith. Mr. Chairman, I would like unanimous consent to 
speak out of turn for 1 minute.
    Chairman Sensenbrenner. Without objection.
    Mr. Smith. Mr. Chairman, you are not expecting this, but it 
occurs to me that you were nice enough a few minutes ago to pay 
tribute to three members of this Committee who are leaving. I 
thought this might also be an appropriate time to, frankly, pay 
tribute to you and your leadership of the full Committee.
    You have, frankly, many legacies. We all know and feel how 
much of a workhorse this Committee has been. I checked not too 
long ago and determined that the Judiciary Committee is second 
only to one other Committee in the number of bills it has sent 
to the House floor not under suspension. That is, again, a 
tribute to your leadership.
    Furthermore, you have fought for all of your jurisdiction 
in ways that give a new standard to your cause. You and Mr. 
Conyers have done a great job in protecting that jurisdiction.
    Finally, Mr. Chairman, as I think everyone knows, you are 
an acknowledged top negotiator, one of the best that has ever 
served in the House, and we appreciate your efforts in that 
regard, too.
    Also, your emphasis on oversight should not be overlooked. 
There are many times where we have passed legislation and we 
really don't follow up to make sure that it is being 
implemented in the way we intended. You have done a superb job 
in making sure that that oversight has been done, and done in 
constructive ways.
    And finally, Mr. Chairman, I don't know if Phil Kiko is 
here, your chief of staff, but he has certainly been an able 
support to you and an excellent chief of staff and has helped 
all of us achieve our goals.
    So just know that your many years of service have been 
appreciated, and we hope to have your skills available to us in 
the next Congress. [Applause.]
    Chairman Sensenbrenner. I thank the gentleman from Texas. 
And let me remind him and the other members and those in the 
audience that the Constitution says that the statements of the 
gentleman from Texas cannot be questioned in any other place. 
[Laughter.]
    The purpose for which this markup has been called having 
been completed, without objection, the Committee stands 
adjourned.
    [Whereupon, at 10:50 a.m., the Committee was adjourned.]

                                  
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