Fairness in Orphan Drug Exclusivity Act

Madam Speaker, I rise to speak in strong support of H. Res. 398, the Recognizing the Forthcoming Centennial of the 1921 Tulsa Race Massacre, recognizes one of the darkest moments in American history, the Tulsa-Greenwood Race Massacre, that occurred in the African American Greenwood community of Tulsa, Oklahoma on May 31-June 1, 1921.

Madam Speaker, earlier this year I introduced a resolution (H. Res. 215 later modified as H. Res. 398), joined by 84 cosponsors, recognizing the centennial of the 1921 Tulsa Race Massacre.

The resolution was reintroduced as H. Res. 398 to make technical corrections to allow the House of Representatives to vote on the measure.

On March 18, 2021, I am pleased to report that the H. Res. 398 passed the House as part of the House Rule for H.R. 1629, the Fairness in Orphan Drug Exclusivity Act, and H. Res. 275, the Condemning the horrific shootings in Atlanta, Georgia, on March 16, 2021.

As the great southern writer William Faulkner reminded us: ``The past is never dead. It's not even past.''

Madam Speaker, as I and other Members spoke in support of H. Res. 398, we recounted the hatreds, prejudices, resentments, and white supremacy that Black Americans witnessed and suffered in Greenwood a century ago are not dead; they are not even past.

A century ago, White rioters, local law enforcement, and self- appointed vigilantes claimed to be acting reasonably and in self- defense against what they feared was an upcoming Black uprising.

They resented the economic prosperity and self-sufficiency of the Greenwood community, which was known nationally as ``Black Wall Street.''

They viewed Black males as fearsome physical threats to their personal safety and as rivals to white women.

These baseless, irrational concerns are not a relic of the past, they are with us today and are what resulted in the deaths of George Floyd, Tamir Rice, Deonte Wright, Stephon Clark, Amidou Diallo, and hundreds of others too numerous to list.

In 1921, Tulsa, Oklahoma's Greenwood District, known as ``Black Wall Street,'' was one of the most documented prosperous African American communities in the United States.

The Greenwood community with a population of over 100,000 Black people had stores that sold luxury items, 21 restaurants, 30 grocery stores, a hospital, a savings and loan bank, a post office, three hotels, jewelry and clothing stores, two movie theaters, a library, pool halls, a bus and cab service, a nationally recognized school system, six private airplanes, and two black newspapers.

On May 31st of that year, the 35 city blocks of Greenwood went up in flames, at least 300 Black persons were murdered and more than 800 were injured; it is estimated that not less than 9,000 were left homeless and destitute.

These rioters reenacted the brutality of the mob from a hundred years ago in the hallowed halls of the Citadel of Democracy.

It should not be overlooked that the source of their irrational anger, hatred, and violent reaction was that Black Americans voted in overwhelming numbers in the Atlanta, Philadelphia, Milwaukee, and Detroit to oust the most negative, divisive, racially hostile, and incompetent presidents history, the 45th President, who presided over the deaths of more than 500,000 Americans, disproportionately Black and Brown.

The legacy of white mob violence inflicted upon the Black community of Greenwood has scarred the descendants of the victims of this American pogrom.

Madam Speaker, the events of January 6th have given us insight into what the people of Greenwood Oklahoma faced when they were attacked by a similar murderous mob.

H. Res. 98 is a reminder to the nation of the ultimate cruelty inflicted upon a people for dare believing that the promise of America was attainable by them and their achievements would be respected and protected by law.

But it does more than that, it puts the House of Representatives on record that the United States can achieve a more perfect union:

by condemning the violence and destruction perpetrated against the African-American community of Greenwood, in Tulsa, Oklahoma, the scene of the then-largest single instance of domestic terror against American citizens;

through the rejection and active opposition to the false ideology of White supremacy and condemnation of all groups and organizations that ascribe to this false system of belief and seek to perpetuate their views through violence and unlawful conduct;

by promoting tolerance and unity and taking actions to ensure that governmental policies and actions do not foster division, disharmony, or intolerance;

by calling upon all Americans to celebrate the ethnic, racial, and religious diversity that has made the United States the leader of the community of nations and the beacon of hope and inspiration to oppressed persons everywhere;

encouraging all persons in the United States to reflect upon the history of the United States as an imperfect but committed journey to establish a more perfect union and to cherish and exercise the rights, privileges, and responsibilities guaranteed by the Constitution; and

recognizing the commitment of Congress to acknowledge and. learn from the history of racism and racial violence in the United States, including the Tulsa Race Massacre, to reverse the legacy of White supremacy and fight for racial justice.

Madam Speaker, I will now briefly recount the horrific events cited in H. Res. 398 that were experienced by the law-abiding Black community of Greenwood on those terrible days.

In 1921, White supremacy and racist violence were common throughout the United States and went largely unchecked by the justice system.

In Tulsa, Oklahoma reports of an alleged and disputed incident on the morning of May 30, 1921, between two teenagers, a Black man and a White woman, caused the White community of Tulsa, including the Tulsa Tribune, to call for a lynching amidst a climate of White racial hostility and White resentment over Black economic success.

On May 31, 1921, a mob of armed White men descended upon Tulsa's Greenwood District and launched what is now known as the ``Tulsa Race Massacre.''

Tulsa municipal and county authorities failed to take actions to calm or contain the violence, and civil and law enforcement officials deputized many White men who were participants in the violence as their agents, directly contributing to the violence through overt and often illegal acts.

Over a period of 24 hours, the White mob's violence led to the death of an estimated 300 Black residents, as well as over 800 reports of injuries.

The White mob looted, damaged, burned, or otherwise destroyed approximately 40 square blocks of the Greenwood district, including an estimated 1,256 homes of Black residents, as well as virtually every other structure, including churches, schools, businesses, a hospital, and a library, leaving nearly 9,000 Black residents of the Greenwood community homeless and effectively wiping out tens of millions dollars in Black prosperity and wealth.

In the wake of the Tulsa Race Massacre, the Governor of Oklahoma declared martial law, and units of the Oklahoma National Guard participated in the mass arrests of all or nearly all of Greenwood's surviving residents, removing them from Greenwood to other parts of Tulsa and unlawfully detaining them in holding centers.

Oklahoma local and state governments dismissed claims arising from it the 1921 Tulsa Race Massacre for decades, and the event was effectively erased from collective memory and history until, in 1997, the Oklahoma State Legislature finally created a commission to study the event.

On February 28, 2001, the commission issued a report that detailed, for the first time, the extent of the Massacre and decades-long efforts to suppress its recollection.

None of the law enforcement officials nor any of the hundreds of other White mob members who participated in the violence were ever prosecuted or held accountable for the hundreds of lives lost and tens of millions of dollars of Black wealth destroyed, despite the Tulsa Race Massacre Commission confirming their roles in the Massacre, nor was any compensation ever provided to the Massacre's victims or their descendants.

Government and city officials not only abdicated their responsibility to rebuild and repair the Greenwood community in the wake of the violence, but actively blocked efforts to do so, contributing to continued racial disparities in Tulsa akin to those that Black people still face today across the United States.

Madam Speaker, the pattern of violence against Black people in the United States, often at the hands of law enforcement, shows that the fight to end State-sanctioned violence against Black people continues.

As the American Historical Association stated, ``What happened in Tulsa was extreme, but not unusual. It is part of our Nation's heritage. We must acknowledge that heritage, learn from it, and do whatever each of us can do to ensure that it is just that--heritage, rather than a continuing practice.''

Madam Speaker, I include in the Record a more detailed account of the 1921 Tulsa Race Massacre that is based on the ``Final Report of the Oklahoma Commission to Study The Tulsa Race Riot of 1921,'' issued February 28, 2001.

Madam Speaker, I also ask the House to observe a moment of silence in memory of the victims and survivors of the Tulsa Race Massacre, and their descendants to carry the terrible memories of that horrific day and still grieve over the loss of so many loved ones and of faith in the American system of justice.

Mother Randle's Written Testimony for the House Subcommittee on the

Constitution, Civil Rights and Civil Liberties, May 19, 2021

I am blessed and honored to be talking with you today. It

means a lot to me to finally be able to look at you all in

the eye and ask you to do the right thing. I have waited so

long for justice.

My name is Lessie Evelyn Benningfield Randle. People call

me Mother Randle. Today, I am 106-years-old. 100 years ago,

in 1921, I was a 6-year-old child. I was blessed to live with

my grandmother in a beautiful Black community in Tulsa

Oklahoma, called Greenwood. I was lucky. I had a home. I had

toys. I didn't have any fears as a young child and I felt

very safe. My community was beautiful and was filled with

happy and successful Black people. Then everything changed.

It was like a war. White men with guns came and destroyed

my community. We couldn't understand why. What did we do to

them? We didn't understand. We were just living. But they

came, and they destroyed everything.

They burned houses and businesses. They just took what they

wanted out of the buildings then they burned them. They

murdered people. We were told they just dumped the dead

bodies into the river. I remember running outside of our

house. I ran past dead bodies. It wasn't a pretty sight. I

still see it today in my mind--100 years later.

I was so scared--I didn't think we would make it out alive.

I remember people were running everywhere. We waited for the

soldiers to come, and when they finally came, they took us to

the fairgrounds where we would be safe. It felt like so long

before they came.

I survived the 1921 Tulsa Race Massacre. And I have

survived 100 years of painful memories and losses.

By the grace of God, I am still here. I have survived. I

have survived to tell this story. I believe that I am still

here to share it with you. Hopefully now, you all will listen

to us. While we are still here.

The white people who did this to us, were filled with so

much hate. It is disgusting that they hate us for no reason

except that we are Black people.

We know--most of the people who committed these acts are

dead now. The three of us here today, are the only ones

left--that we know of. But just because these men are

probably dead, the City and County of Tulsa, the State of

Oklahoma, and the Tulsa Chamber are still responsible for

making it right.

The City and County caused this to happen to us--

The State allowed this happen to us--they didn't protect

us.

The Chamber helped ensure that we could not rebuild after

the Massacre, including holding us in internment camps.

They owe us something. They owe me something. I have lived

much of my life poor. My opportunities were taken from me.

And my community, North Tulsa--Black Tulsa--is still messed

up today. They didn't rebuild it. Its empty. It's a ghetto.

You can help us get some justice.

America is full of examples where people in positions of

power, many just like you, have told us to wait. Others have

told us it's too late. It seems like justice in America is

always so slow or not possible for Blacks. And we are made to

feel crazy just for asking for things to be made right. There

are always so many excuses for why justice is so slow or

never happens at all.

I am here today, at 106-years-old, looking at you all in

the eye. We've waited too long, and I am tired. We are tired.

I am asking you today to give us some peace. Please give me,

my family, and my community some justice.

Thank you.

Hughes Van Ellis Written Testimony for the House Subcommittee on the

Constitution, Civil Rights and Civil Liberties, May 19, 2021

My name is Hughes Van Ellis. I am 100 years old. And I am a

survivor of the Tulsa Race Massacre. Because of the Massacre,

my family was driven from our home. We were left with

nothing. We were made refugees in our own country.

My childhood was hard and we didn't have much. We worried

what little we had would be stolen from us. Just like it was

stolen in Tulsa. You may have been taught that when something

is stolen from you, you can go to the courts to be made

whole. You can go to the courts to get justice. This wasn't

the case for us. The courts in Oklahoma wouldn't hear us. The

federal courts said we were too late.

We were made to feel that our struggles were unworthy of

justice. That we were less valued than whites, that we

weren't fully American. We were shown that in the United

States, not all men were equal under law. We were shown that

when Black voices called out for justice, no one cared.

But we still had faith things would get better. We still

believed in the promise of America and in the cause of

freedom.

I did my duty in World War II. I served in combat in the

Far East with the 234th AAA Gun Battalion. We were an all-

black battalion. I fought for freedom abroad, even though it

was ripped away from me at home, even after my home and my

community were destroyed, I did it because I believed, in the

end, America would get it right.

When I returned home from the war, I didn't find any of the

freedom I was fighting for overseas. Unlike white servicemen,

I wasn't entitled to GI Bill benefits because of the color of

my skin. I came home to segregation. A separate and unequal

America. But still I believed in America,

This is why we are still speaking up today, even at the age

of 100. The Tulsa Race Massacre isn't a footnote in a history

book for us. We live with it every day and the thought of

what Greenwood was and what it could have been. We aren't

just black and white pictures on a screen, we are flesh and

blood. I was there when it happened, I'm still here. My

sister was there when it happened, she's still here.

We're not asking for a handout. All we are asking for is

for a chance to be treated like a first-class citizen who

truly is a beneficiary of the promise that this is a land

where there is ``liberty and justice for all.''

We are asking for justice for a lifetime of ongoing harm.

Harm that was caused by the Massacre. You can give us the

chance to be heard and give us a chance to be made whole

after all these years and after all our struggle.

I still believe in America. I still believe in the ideals

that I fought overseas to defend. And I believe if given the

chance you will do the right thing and justice will be

served. Thank you.

Written Testimony of Mother Viola Fletcher for the Subcommittee on the

Constitution, Civil Rights, and Civil Liberties, Wednesday, May 19,

2021

My name is Viola Fletcher, or Mother Fletcher. I am the

daughter of Lucinda Ellis and John Wesley Ford of Tulsa,

Oklahoma. I am the sister of Hughes Van Ellis, who is also

here today. And I am a survivor of the Tulsa Race Massacre.

Two weeks ago, I celebrated my 107th birthday.

Today, I am in Washington, D.C. for the first time in my

life. I am here seeking justice. I am here asking my country

to acknowledge what happened in Tulsa in 1921.

On May 31st 1921, I went to bed in my family's home in the

Greenwood neighborhood of Tulsa. The neighborhood I feel

asleep in that night was rich--not just in terms of wealth,

but in culture, community, and heritage. My family had a

beautiful home. We had great neighbors and I had friends to

play with. I felt safe. I had everything a child could need.

I had a bright future ahead of me. Greenwood could have given

me the chance to truly make it in this country.

Within a few hours, all of that was gone. The night of the

Massacre I was woken up by my family. My parents and five

siblings were there. I was told we had to leave. And that was

it.

I will never forget the violence of the white mob when we

left our house. I still see Black men being shot, and Black

bodies lying in the street. I still smell smoke and see fire.

I still see Black businesses being burned. I still hear

airplanes flying overhead. I hear the screams. I live through

the Massacre every day.

Our country may forget this history. I cannot. I will not.

The other survivors do not. And our descendants do not.

When my family was forced to leave Tulsa, I lost my chance

at an education. I never finished school past the fourth

grade. I have never made much money. My country, state, and

city took a lot from me. Despite this, I spent time

supporting the war effort in the shipyards of California. But

for most of my life, I was a domestic worker serving white

families. I never made much money. To this day, I can barely

afford my everyday needs. All the while the City of Tulsa

have unjustly used the names and stories of victims like me

to enrich itself and its White allies through the $30 million

raised by the Tulsa Centennial Commission while I continue to

live in poverty.

I am 107 years old and have never seen justice. I pray that

one day I will. I have been blessed with a long life--and

have seen the best and worst of this country. I think about

the horrors inflicted upon Black people in this country every

day.

This Subcommittee has the power to lead us down a better

path. I am asking that my country acknowledge what has

happened to me. The trauma. The pain. The loss. And I ask

that survivors and descendants be given a chance to seek

justice. Open the courtroom doors to us.

I believe we must acknowledge America's sins. It is the

least we can do.

I saw what happened here on January 6th this year. It broke

my heart. It reminded me of what happened 100 years ago. And

now, I hear some of you on TV saying it didn't happen, like

we didn't see it with our own eyes. It happened on live TV.

100 years ago, there was no TV, but you have me here right

now. You see Mother Randle. You see my brother, Hughes Van

Ellis. We lived this history. We can't ignore it. It lives

with us.

We lost everything that day. Our homes. Our churches. Our

newspapers. Our theaters. Our lives. Greenwood represented

the best of what was possible for Black people in America--

and for all people. No one cared about us for almost 100

years. We, and our history, have been forgotten, washed away.

This Congress must recognize us, and our history. For Black

Americans. For white Americans. For all Americans. That's

some justice.

Thank you.

Madam Speaker, by direction of the Committee on Rules, I call up House Resolution 403 and ask for its immediate consideration.

Madam Speaker, for the purpose of debate only, I yield the customary 30 minutes to the gentlewoman from Minnesota (Mrs. Fischbach), pending which I yield myself such time as I may consume. During consideration of this resolution, all time yielded is for the purpose of debate only.

General Leave

Madam Speaker, I ask unanimous consent that all Members be given 5 legislative days to revise and extend their remarks.

Madam Speaker, yesterday, the Rules Committee met and reported a rule, House Resolution 403, providing for consideration of H.R. 1629, the Fairness in Orphan Drug Exclusivity Act, under a closed rule. It provides 1 hour of debate equally divided and controlled by the chair and ranking minority member of the Committee on Energy and Commerce. It also provides for one motion to recommit.

The rule also provides for consideration of H. Res. 275, the condemning the horrific shootings in Atlanta, Georgia, on March 16, 2021, and reaffirming the House of Representatives' commitment to combating hate, bigotry, and violence against the Asian-American and Pacific Islander community, under a closed rule.

It provides 1 hour of debate equally divided and controlled by the chair and ranking minority member of the Committee on Oversight and Reform.

The rule deems as passed H. Res. 398, a resolution recognizing the forthcoming centennial of the 1921 Tulsa Race Massacre.

The rule amends H.R. 188 to provide recess instructions, suspension authority, and same-day authority through July 1, 2021.

Finally, the rule provides the majority leader or his designee the ability to en bloc requested rollcall votes on suspension bills considered on May 17 or 18. This authority lasts through May 20.

Madam Speaker, we are here today to consider two timely and important bills. The first is a resolution from our colleague, Congresswoman Judy Chu, condemning the horrific, shootings, in Atlanta, Georgia, in March, and confirming the House of Representatives' commitment to combating hate and violence against the Asian-American and Pacific Islander community.

I want to start by offering my condolences, prayers, and support for the family and friends of the eight people murdered in Atlanta on March 16 and the thousands of Asian Americans who have been physically or verbally attacked over the course of the pandemic.

The horrific act of gun violence that took eight lives in Atlanta, including six Asian women, is a tragedy unambiguously rooted in hate. It is a tragedy that followed 4,000 reported hate crimes against Asian Americans over the past year, and it is a tragedy that followed decades of bigotry, discrimination, and indifference toward the AAPI community.

We must recognize that physical and verbal attacks against people of Asian descent are not a new phenomenon and that our country has a shameful past of violence and discrimination directed against Asian Americans. From the Chinese Exclusion Act to the internment of Japanese Americans, to the innumerable acts of individual violence that have cost so many their lives or livelihoods, a vile and persistent racism has denied many people the basic safeties and individual freedoms that some others take for granted.

But we also need to recognize that at a time when we are all dealing with the hardships caused by the pandemic, Asian Americans have had to deal with additional pain, fear, and loss brought on by the callous and careless rhetoric of opportunistic politicians and bigots. I have heard from my constituents and staff members in my office about the pain that the increase in verbal and physical attacks has caused throughout our community.

I admire the incredible work being done by AAPI advocates and organizers in southeastern Pennsylvania and across the Nation to bring attention to anti-Asian discrimination and to call for change. Groups in my district, such as Asian Americans United, Cambodian Association of Greater Philadelphia, Laos In The House, VietLead, and others across the United States, have mobilized whole communities to come together and stand firm against hate and racism.

The anti-hate rallies and vigils organized in response to this year's shocking attacks are a resounding reminder that hate is not welcome in our cities and towns, but also that standing up to hatred requires more than just thoughts and prayers. It requires all of us to recognize and call out racism when we see it, to work with our neighbors to protect everyone in our communities, and to lift up voices that aren't always heard.

As we continue to confront the systemic racism that plagues so much of our culture, the passage of this resolution by the House must be part of a greater holistic effort to provide all Americans with prosperity, justice, and freedom from fear.

Congress cannot keep waiting for problems to boil over in order to do something about them. I ask that all of my colleagues keep that in mind as we work to address systemic racism and the other pressing problems of our day.

I thank Congresswoman Chu for her leadership, and I thank her and the

members of the Georgia delegation for introducing this important resolution.

Madam Speaker, I also rise in support of H.R. 1629, the Fairness in Orphan Drug Exclusivity Act. This bill is sponsored by my good friend and colleague from the Commonwealth of Pennsylvania, Congresswoman Dean, who has bravely shared her family's experience with the hardships caused by substance use disorder, and who has been a tireless advocate for Federal solutions to the opioid epidemic.

This much-needed bill would close a loophole in our Federal drug approval laws, promoting greater competition and lower prices and allowing more medications to treat opioid use disorder, as well as other diseases, to come to market. Closing this loophole would increase access to low-cost treatments and would prevent pharmaceutical companies from abusing the current law to boost drug prices for medications that could be sold by competitors at much lower prices.

In particular, this bill would reduce the price of buprenorphine, a drug that is critically important for medically assisted treatment, or MAT, of opioid abuse disorder, but which has been made more costly and less available due to abuse of the current laws.

The opioid epidemic has devastated families in my district and across the country. Too many communities have experienced the terrible toll of opioid addiction, and I am glad this is an issue on which Democrats and Republicans have been able to work together and achieve real results for the American people.

Since 2018, Congress has been able to pass multiple bipartisan bills to increase funding for substance use disorder, provide more treatments and medications for those suffering from opioid addiction, and improve access to mental health services.

The Fairness in Orphan Drug Exclusivity Act is a straightforward bill with bipartisan support and sponsorship that passed the House of Representatives last Congress, and it was on track to pass this Congress last week before inexplicably being derailed when one of its former sponsors whipped votes against it.

I thank my Pennsylvania colleagues, Representatives Dean and Fitzpatrick, for their bipartisan leadership on this bill, which is so important, not just for Pennsylvanians, but for families across this country who have struggled to obtain effective and affordable treatment for loved ones suffering from substance use disorder. I urge its prompt passage.

Lastly, I want to voice my support for H. Res. 398, a resolution introduced by Congresswoman Jackson Lee to recognize the forthcoming centennial of the 1921 Tulsa Race Massacre. This event was one of the most abhorrent instances of racial violence in our Nation's history, and it is history that we should not ignore or forget.

With this resolution, we can at least recognize the people, families, and descendants irreparably harmed that day, even if we cannot give them the justice they deserved.

I thank my colleague, Congresswoman Jackson Lee, for her work to bring this resolution to the floor and to ensure that we recognize this terrible moment in our collective past.

I thank all of my colleagues who helped craft the bills we are considering today. I look forward to supporting this rule, and I urge my colleagues to do the same.

Madam Speaker, I reserve the balance of my time.

Madam Speaker, like many, I am so excited to see our country begin to unwind many of the COVID-19 precautions of the last year, but we are not in the clear yet.

It is no secret that many Members of this body have refused to be vaccinated, and many of the same Members have also shown repeated disregard for the dangers posed by the pandemic. We need to extend certain measures in the House to provide the House with flexibility to ensure that Congress can expeditiously respond to the future needs created by the pandemic and the economy and to keep all of those who serve here safe.

Madam Speaker, I yield 2 minutes to the gentlewoman from California (Ms. Matsui), a former member of the Rules Committee.

Madam Speaker, I yield myself such time as I may consume.

Madam Speaker, with all due respect to my colleagues, I must respectfully decline to chase the red herring that has been lobbed onto the House floor.

A vote on the PQ is strictly a procedural vote to move a bill forward. And as our colleagues know, voting ``no'' would simply mean that we would hand control of the House floor to them, which I decline to do.

As our colleagues know, they are under no obligation to offer any specific amendment, even if they faithfully promise to do so. So let's not distract from the bills that we are here to move forward today.

Madam Speaker, I yield 3 minutes to the gentlewoman from Texas (Ms. Jackson Lee), the lead sponsor of H. Res. 398, recognizing the forthcoming centennial of the 1921 Tulsa massacre.

Madam Speaker, I yield an additional 1 minute to the gentlewoman from Texas.

Madam Speaker, I yield 3 minutes to the gentleman from South Carolina (Mr. Clyburn), the majority whip.

Madam Speaker, I yield 1 minute to the gentleman from Texas (Mr. Green).

Madam Speaker, I yield 1 minute to the gentleman from Nevada (Mr. Horsford).

Madam Speaker, I yield 3 minutes to the gentleman from Georgia (Mr. Johnson).

Madam Speaker, I yield 1 minute to the gentleman from Illinois (Mr. Danny K. Davis).

Mr. Speaker, I yield myself the balance of my time.

I wanted to mention that Senator Elizabeth Warren, a native of Oklahoma, carries the Senate version of H. Res. 398 recognizing the Tulsa centennial.

When I go home and meet with constituents, they want to know what we are doing here to make their lives better, not whether we have succeeded in obstructing the passage of necessary or popular legislation or in shutting down Congress. I suspect that is true for most Members, and I value those with whom I can work in good faith.

This Congress has already seen its fair share of parliamentary tricks to disrupt the legislative process, and I applaud the leadership's efforts to keep Members and staff safe, to advance legislation that will end the pandemic, and to serve the American people.

Let's be honest about why we are taking up floor time to debate and pass the orphan drug bill today, a bill with broad bipartisan support that passed without a single objection last term.

Last week's ``no'' vote by some of our colleagues on the other side of the aisle was incredibly disrespectful to the Americans we are all here to represent. Those Members voting ``no'' effectively told their constituents that they care more about whose name goes on a bill than they care about actually passing legislation.

Like my colleagues, I am frustrated that this bill did not pass on suspension last week. The opioid epidemic is a serious issue. Families in my district and across the country know firsthand the hardships caused by opioid abuse and addiction, and this issue deserves to be taken seriously and addressed by Congress, which is why we are bringing this bill back to the floor a week after one of its former sponsors blocked its

passage because his feelings were hurt when he wasn't asked to lead the bill this term.

Our colleagues extol, when convenient, the virtues of unity and bipartisanship, but it is important for them to realize that bipartisanship relies upon trust. And in the wake of January 6, despite having witnessed the carnage created by falsehoods about the election results, the majority of our Republican colleagues voted with no evidence to cancel the electoral votes of several States.

For those of us who represent Pennsylvania, which was ground zero for those falsehoods and the efforts to undermine and overturn our electoral process, it is particularly tough to trust Members who have shown more interest in silencing those who would challenge the lies than in defending the Constitution.

It is a shame that a bipartisan bill to combat opioid abuse needs to be reconsidered under a rule, and I hope this time around my colleagues do what is right and pass the bill to improve access to low-cost medications to combat opioid addiction.

We are here to pass legislation for the American people, not to put our names on things. Stunts like what we saw last week are disrespectful to the House, to its Members, and most of all to the people we are here to represent.

I thank all of our colleagues who helped craft the bills we are considering today. I look forward to supporting this rule, and I urge my colleagues to do the same.

Mr. Speaker, I urge a ``yes'' vote on the rule and the previous question.

I yield back the balance of my time, and I move the previous question on the resolution.

Madam Speaker, I thank the manager for her leadership. I also thank all of those on the floor who understand the indignity of massacres, racism, and devastating histories that our country has faced.

We, too, are Americans, and I love this country.

Last night, on the floor of the House, I said that, as a young girl, I knew about the Nina, the Pinta, and the Santa Maria; I knew about Columbus and Abraham Lincoln and George Washington. And that was well, though, obviously, there are challenges to that history, even today. That is what we knew. But we did not know the history--the slave history or even the fact that there was something called Tulsa, Oklahoma, a bright and shining star of economic opportunity.

This picture shows young girls dancing in a parade, just like today, with cowboy hats on, the high school dance team, if you will. None of that was taught to any of us, this prosperous place.

And then a community known as Greenwood, in June of 1921, after a series of heinous events that nearly entirely destroyed Greenwood. We knew nothing about this. A hundred years; three living descendants. We will be on our way.

I thank the Congressional Black Caucus for championing this with me, and Chairwoman Beatty for understanding the validity of telling the truth.

In this story, they saw men, women, and children driven like cattle, huddled like horses, and treated like beasts. I saw hundreds--this is a testimony--of men march through the main business section with their hats off, their hands up, with dozens of guards marching them with guns and cursing them from everything mentionable. Three hundred of them died, and are buried in unmarked graves. They were murdered.

The attackers looted and intentionally burned an estimated 1,256 homes in Greenwood, America's Black Wall Street, along with nearly all of the district's churches, schools, and businesses.

When others began to say, ``Pull yourself up by your bootstraps,'' these freed slaves, for barely 100 years, developed Greenwood.

Yet this is what happened. This is the body of a charred Negro killed in the riot.

How many were like that?

As I said, the death toll came about because something happened in an elevator, a word, something like Emmett Till said to a White woman. In a firestorm of hatred and violence, that is perhaps unequal in peacetime in the history of the United States, the White mob destroyed almost 40 square blocks, left almost 9,000 Greenwood district residents homeless.

So this is a story from 100 years ago. Look at the smoke coming from the buildings that were industries. People had ice cream parlors, restaurants, and boarding houses burned to the ground.

We come today to say, the burned-out ruins of Greenwood--there is one door left in Tulsa, to be able to embrace those from Tulsa, Oklahoma. They will be here tomorrow for a hearing in the Judiciary Committee. I am honored this legislation will honor them.

Madam Speaker, we will know and history will tell us that embedded in the annals of the Congressional Record will be H. Res. 398 that talks about that story.

Yet we rise above that, not so much to ignore it, but we ask that we condemn the violence in this resolution. We ask for rejection and active opposition to the false ideology of white supremacy. We ask for tolerance and unity. We ask and are calling upon Americans to celebrate ethnic, racial, and religious diversity.

We, too, mourn those who were killed in Atlanta for Asian hate. It says, encouraging all persons in the United States to reflect upon all of our history. Yes, we can rise above it, but we must know that the stories that are told say that Tulsa must have some repair, some say reparations.

Finally, as I close, we hear a testimony from the great-granddaughter of Howard and Harriet Ector. They were builders and pillars of Black Wall Street. They were featured in the Smithsonian. As a little girl, their great-great-granddaughter was saved by hiding in a chicken coop at age 9 to dodge bullets. It was a race war. We should not ignore our differences, but we should be unified by who we are.

I am delighted to support this resolution, and I ask my colleagues to vote for it.

Madam Speaker, I include in the Record a report by the Oklahoma Commission to Study the Tulsa Race Riot of 1921.

1921 Tulsa Race Massacre Factsheet

Source--Tulsa Race Riot: A Report by the Oklahoma Commission to Study

the Tulsa Race Riot of 1921, Feb. 28, 2001

Following World War I, Tulsa, Oklahoma was recognized

nationally for its affluent African American community known

as the Greenwood District. This thriving business district

and surrounding residential area was referred to as ``Black

Wall Street.'' In June 1921, a series of heinous events

nearly destroyed the entire Greenwood area.

``I saw men, women and children driven like cattle, huddled

like horses and treated like beasts. Thus, I fully realized

the attitude of the Southern white man when he has you

bested. I saw hundreds of men marched

through the main business section of ``White Town'' with

their hats off and their hands up, with dozens of guards

marching them with guns, cursing them for everything

mentionable. I saw large trucks following up the invaders, as

they ran the colored people from their homes and places of

business. Everything of value was loaded on these trucks and

everything left was burned to ashes. I saw machine guns

turned on the colored men to oust them from their

stronghold.'' --Anonymous primary source

Starting late on the evening on May 31 and continuing into

the day of June 1, 1921, a White mob attacked the Greenwood

district of Tulsa, Oklahoma, razing it to the ground. The

attackers looted and intentionally burned an estimated 1,256

homes in Greenwood--America's ``Black Wall Street''--along

with nearly all the district's churches, schools, and

businesses.

The number of persons killed in the riot may never be

known, but a 2001 report by a commission created by the

Oklahoma legislature estimated, based on available evidence

at that time, that at least 75 to 100 people died in the

Massacre, and found that one credible contemporary source

estimated the death toll at 300 people. All told, in what the

late historian and Tulsa survivor John Hope Franklin

described as a ``firestorm of hatred and violence that is

perhaps unequaled in the peace time history of the United

States,'' the White mob destroyed almost forty-square-blocks

and left almost 9,000 Greenwood district residents homeless.

As the White invaders moved through the district, a violent

pattern of murder, looting, and arson emerged. Armed Whites

would force Black residents from their homes or businesses

where they were held at ``a growing number of internment

centers,'' loot what valuables or furnishings they could

carry, and then torch the structure. They summarily shot any

Black men found in a home with a firearm as well as anyone

else who resisted. This pattern was repeated, ``[h]ouse by

house, block after block'' until all of the city's Black

neighborhoods were engulfed in flames.

Whites engaged in the attack also committed numerous other

atrocities. According to one Black eyewitness, White looters

murdered a Black elderly disabled man who, despite having

expressed a willingness to do so, could not comply with their

order to leave his home. According to one White eyewitness,

prominent Black surgeon Dr. A.C. Jackson was gunned down on

his front lawn with his hands up after attempting to comply

with the White rioters. Another Black eyewitness recounted

how he and 30 or 40 other men who had surrendered to the

rioters were lined up and forced to run with hands over their

heads to an interment center located at Convention Hall, all

while some of their White captors shot at their heels with

guns. A group of White men even ran a car into the group,

knocking over two or three of their number. In another

horrifying display of brutality, a Black disabled homeless

man was tied by his leg to a car and dragged by ``white

thugs'' through the streets of the downtown business district

where he panhandled.

While some might attribute these atrocities to the actions

of a few ``rogue'' officers, the ``official'' police response

to the violence also appears to have been, at best, mired in

confusion and, at worst, to have reflected unfounded racial

fears of a so-called ``Negro uprising.'' Responding to the

baseless rumors that Blacks were coming from outside of town,

the police chief ordered roughly one-fifth of the officers on

duty to setup checkpoints on various roads leading into the

city, and at the railroad station, wasting precious manpower

that could have been used elsewhere to prevent the violence

and destruction.

Following the Massacre, local authorities did less than

nothing to provide justice for the many Black victims.

Thousands of Black residents remained in internment camps in

the days immediately following the Massacre.

Local officials actively sought to hinder the Black

community's rebuilding efforts. Within a week of the

Massacre, the Tulsa City Commission passed a fire ordinance

aimed at preventing Black Tulsans from rebuilding the

Greenwood commercial district where it originally stood, and

the so-called Reconstruction Commission established by White

business and political leaders batted away offers of outside

aid. Black Tulsans successfully challenged the ordinance,

which was later struck down as unconstitutional by the

Oklahoma Supreme Court, and managed to rebuild at least parts

of the community where it once stood. Many other Black

residents left homeless or rightfully feeling fearful and

unwelcome left Tulsa. Thousands of survivors were likely

traumatized by the violence they witnessed or experienced in

the Massacre.

The Massacre also destroyed millions of dollars in Black-

owned property. The 2001 commission also estimated the

property damage at 17 million in 1999 dollars, which would be

more than 25 million today. Another source estimates the

total value of the property destroyed at between 50 and 100

million in today's dollars.

Madam Speaker, I rise for the purpose of inquiring to the majority the schedule for the week to come.

I yield to the gentleman from California (Mr. Aguilar), my friend and colleague, the vice chair of the Democratic Caucus.

Madam Speaker, I want to thank the majority for those remarks on the schedule.

I also want to take a minute to thank the leader, and others over there, for helping pass H.R. 2877, the Behavioral Intervention Guidelines Act. It is a really good bill that will go a long way in supporting school safety. I know there were many questions about it, and everybody worked to get it to a good spot. I would like to, again, extend my appreciation for all of the help from my Democratic colleagues.

Turning to the operations of the House, as the gentleman knows, the CDC has now lifted all mask and social distancing requirements. President Biden has lifted the mask requirements for the White House staff. But, amazingly, here in the House of Representatives, we still must wear the mask, stagger the vote times, have these long vote times. We should be going back to a 5-minute and a 2-minute schedule so we can do the work of the House.

When can we expect these restrictions to be lifted?

Madam Speaker, I yield to the gentleman from California.

Madam Speaker, reclaiming my time.

We, as Americans, should all celebrate Operation Warp Speed and the work done by the administration to be able to do that and to follow through. We greatly appreciate the Biden administration's following up on the really great work of Operation Warp Speed and the Trump administration.

I yield to the gentleman.

Madam Speaker, reclaiming my time.

That is in direct contradiction to CDC guidelines.

And on top of that, will the gentleman explain how in the world you are going to get that information that every member of this body has been vaccinated without violating HIPAA laws?

Please. I would love an answer.

Reclaiming my time.

Of course, we would like all Americans to be vaccinated. But, again, you will never be able to understand or know how many Members are actually vaccinated unless you require them to give you that information. If you require them to give you that information, then the majority will be in violation of the HIPAA privacy laws.

How in the world can you violate the HIPAA privacy laws on this? What does that mean for future pandemics and future diseases?

There are laws in place that say that Members do not have to disclose their health information. And if the gentleman could please explain how you force a Member of this body to disclose their personal health information without violating HIPAA laws, I would love to hear that answer.

Reclaiming my time.

So the President, the leader of the Democratic socialist movement right now here in America, has said that it is good enough for the White House, yet you are going to defer to the House physician over the President of the United States.

No.

My point is that there is so much inconsistency here. You will never, ever get to the point, Madam Speaker, that you will ever be able to get every Member to show some sort of vaccination card without violating the HIPAA privacy protections.

Again, I am listening to the rhetoric. It is a simple question: How do you compel Members of this body to disclose their private health information without violating HIPAA laws?

Not strategy. Not theoretical. How are you going to do that?

What provision in the law, in the HIPAA protections of an American's private information regarding their healthcare record, are you going to waive to compel Members of the House to show that they have been vaccinated?

I yield to my colleague from California.

Reclaiming my time.

I will wrap this topic up with a couple of observations.

Our colleagues across on the other side of the building are certainly following different guidelines than we are here. I think it is important to note that what the majority is doing here is that they are undermining the vaccination program. They are committing public health malpractice by saying, if you get the vaccine, it doesn't work.

What is the incentive to do this?

I am going to move on to the next topic. I believe we have beat this dead horse enough and there is no answer.

Could the gentleman answer one question: Is President Biden wrong? Or is Dr. Monahan wrong?

I yield to the gentleman from California.

I will say this before we move on to the next topic. It does appear that many of us are governed by different rules along the way.

So let's move on to one final thing.

As you know, this has been police reform week. I was happy to see that President Biden set the deadline for May 25 to sign a police reform bill. I was also extremely happy to see that Democrat leadership has dropped its request to eliminate qualified immunity. I thought that was a very strong statement and very positive.

As the majority whip said on May 9: I know what the perfect bill will be. We have proposed that. And I want to see good legislation. I know that sometimes you have to compromise. And if we don't get qualified immunity now, we can come back and try to get it later. But I don't want to see us throw out a good bill because we can't get a perfect bill, good legislative action.

Now, in order to get this bill done by the May 25--that is a fairly short timeline. I know that Representative Pete Stauber has a bill ready to go--a really good bill--that addresses the things in a very bipartisan way that I think we would like to see.

Based on the schedule that you laid out, do you anticipate that the majority would take up Mr. Stauber's bill so that we can meet President Biden's deadline of May 25?

Reclaiming my time.

I implore the majority to put Mr. Stauber and Mr. Scott's bill onto the floor as soon as possible so that we can reach a bipartisan vote and consensus on this.

I just want to make one other observation here, knowing that it is police week. We have got men and women around this country--you and I, again, both as mayors, had the honor of being involved in that, seeing the sacrifice that they make, whether it is local police officers or deputies out patrolling our country roads in many parts of my district; the men and women of the Customs and Border Patrol Agency who are down there putting their lives on the line every single day to stop the grossness of human trafficking and the horrors of narcotic trafficking; or looking around this very building that we are in right now, looking at the men and women who have been here, that will continue to be here to serve us and protect us.

What I found very interesting about this week is that the silence from the majority is deafening. Not bringing a resolution to honor our men and women in law enforcement says an awful lot about how you feel.

And I will say this: I think the majority should come back in--and I think we would all agree to do this next week--to put a resolution on the floor to honor the men and women of law enforcement, because I can't imagine which group is not worthy of that.

I yield to the gentleman.

But, again, I want to go back to it, with the morale of the officers here in the Capitol as low as it is right now, the tremendous stresses that they are under, the staffing problems that they have, wondering whether or not this entire body at times has their back.

No, not yet. I think it is important that this body bring a resolution to the floor supporting the men and women in law enforcement around the Nation, but particularly right here in this Capitol. I will be the first one, along with the rest of my colleagues, to support that resolution.

And, so again, it is very simple. A lot of words. And I do appreciate the gentlewoman from Florida (Mrs. Demings), for leading the Special Order. She certainly knows, as a former law enforcement officer and leader of a department, how tough that is. But, again, the silence here is deafening.

With that, Madam Speaker, I yield back the balance of my time.

Madam Speaker, I thank Ranking Member Rodgers and Chairman Pallone for their leadership on this bill.

I, once again, rise in support of H.R. 1629, the Fairness in Orphan Drug Exclusivity Act.

This crucial legislation would close a current loophole that is used to block competition in the pharmaceutical marketplace.

The Orphan Drug Act of 1983 provided incentives for prescription drug manufacturers to develop products to treat rare diseases. This includes an exclusive 7-year marketing right for therapies that receive an orphan drug designation.

For a drug to qualify, it must either be a treatment for a disease or condition that affects fewer than 200,000 people in the United States or a drug intended for diseases that there is no reasonable expectation to recoup research and development costs.

It would require all drug manufacturers who obtain orphan drug status to prove that they have no reasonable expectation that they will recover R&D costs.

This legislation works to prevent companies from continuing to use orphan drug exclusivity status for a newly approved drug with an identical ingredient to the former version without having to prove the inability to recoup costs.

This exact circumstance, as the chairman described, happened when a manufacturer of a buprenorphine product tweaked an older product that had received orphan drug status and subsequently was given a renewed orphan drug exclusivity.

Buprenorphine is used as a treatment for opioid use disorder to help those recovering from addiction. Unfortunately, at the time, the opioid epidemic was raging, as it is today, and was by no means a rare disease. And the drug was by no means a market loser. It was a moneymaker.

Closing this loophole would ensure that products do not receive an unfair market advantage and will get more affordable drugs to patients. It ensures consistency with the spirit and intent of the Orphan Drug Act.

Know that we want to encourage and support the development of rare disease treatments and therapeutics. It is critically important. But we cannot allow this important incentive to be co-opted to allow for unfair market competition for drugs that are not a commercial loss.

This bill was supported unanimously last Congress and has broad support among patient advocates. This bill is about ensuring market competition, reducing barriers to the development of new treatments, and, ultimately, supporting patients.

Madam Speaker, I include in the Record a letter from 16 patient advocacy organizations in support of this legislation.

March 9, 2021.

Re H.R. 1629--The Fairness in Orphan Drug Exclusivity Act.

Hon. Madeleine Dean,

Washington, DC.

Hon. Marc Veasey,

Washington, DC.

Dear Representatives Dean and Veasey:

Thank you for your leadership on the reintroduction of H.R.

1629, The Fairness in Orphan Drug Exclusivity Act. Our nation

is in crisis. Each day, 130 Americans die from an opioid

overdose, and according to recent provisional data from the

Centers for Disease Control and Prevention, between June 2019

and May 2020, the number of people who died of an opioid

overdose increased by 38.4%.

We have a responsibility to ensure that all treatment

options are made available to those living with opioid use

disorder {OUD). Last year, this important legislation was

approved by the House of Representatives unanimously.

Unfortunately, the Senate was unable to also act on the

measure before the 116th Congress adjourned. The new Congress

now has an opportunity to pass this legislation swiftly and

improve access to life-saving medication assisted treatments

and prevent more lives from being lost. We, the undersigned

organizations, support H.R. 1629 and urge quick passage of

this important bill that will help ensure the availability of

vital treatment options for OUD that can save American lives.

The Orphan Drug Act, enacted in 1983, allows the Food and

Drug Administration (FDA) to grant manufacturers Orphan Drug

Designation (ODD) and Orphan Drug Exclusivity (ODE) to a

product developed to treat rare diseases and conditions

affecting less than 200,000 patients. In addition, a

manufacturer also can qualify for ODD and ODE if more than

200,000 patients are affected, but there is ``no reasonable

expectation'' of recovering development costs. Few know about

this option, and as a result it is exceedingly rare with only

three uses to date.

In such cases, if a newly approved product has the same

active ingredient as a previous product that received orphan

designation and exclusivity because the FDA determined the

original drug could not recoup its development costs, the

newly approved product does not have to demonstrate the

inability to recoup its development costs. It does not matter

how much time has passed, or how much money the newly

approved drug is predicted to make. This loophole creates the

potential for abuses within the system, and it is not

consistent with intent of the Orphan Drug Act.

Enacting H.R. 1629 will: fix this loophole in a narrow and

targeted manner to prevent this abuse of the Orphan Drug Act;

preserve incentives for development of products treating rare

diseases and conditions; and ensure new treatment options

come to market to treat OUD.

During this public health emergency, we need all the tools

we can muster to fight this crisis. We should not tie one

hand behind our back as the exploitation of this loophole

would do.

More than 2.1 million Americans live with OUD, making this

disease far from rare. This disease is a national public

health emergency, and we need to close this loophole to

ensure that all safe and effective treatments are available

to fight this disease. Thank you again for your leadership on

this issue, and we look forward to working with you to help

pass H.R. 1629.

Sincerely,

Advocates for Opioid Recovery, AIDS United, Aimed

Alliance, Daniel's story, Center for U.S. Policy,

Cover2 Resources, FORCE, Healthy Women, Maryland Heroin

Awareness, Mother's Addiction Journey, No More OD's,

Inc., NOPE Task Force, Prevention Action Alliance,

Shatterproof, Tyler's Light, Young People in Recovery.

Madam Speaker, I include in the Record the Statement of Administration Policy issued by the Office of Management and Budget on May 17 of this year in support of this bill.

Statement of Administration Policy

H.R. 1629--Fairness in Orphan Drug Exclusivity Act--Rep. Dean, D-

Pennsylvania, and two cosponsors

The Administration supports House passage of H.R. 1629, the

Fairness in Orphan Drug Exclusivity Act. Orphan drug status

is intended to encourage companies to develop promising drugs

for rare diseases. Current law provides market exclusivity

for drugs that treat any disease or condition which (A)

affects fewer than 200,000 persons in the United States, or

(B) affects more than 200,000 in the United States and for

which there is no reasonable expectation that the cost of

developing and making available in the United States a drug

for such disease or condition will be recovered from that

drug's sales in the United States. H.R. 1629 affects only

drugs that qualify under the latter provision. Current law

allows market exclusivity to be extended for a new version of

the same drug without the drug developer having to show a

lack of profitability for that new version as well. This

legislation would close that loophole, requiring all drugs

that obtain seven years of market exclusivity for conditions

affecting 200,000 or more people to illustrate that they have

no reasonable expectation of recovering R&D costs through

U.S. sales.

The Administration applauds these steps to ensure Americans

have access to high quality, affordable treatments.

Madam Speaker, I thank Chairman Pallone for his support on this bill, and I urge all members to support its passage.