Mr. President, I ask unanimous consent that we proceed to the regular order. That is correct. Mr. President, we do not have it yet. Mr. President, I assure the Senator from California, I know we have it somewhere, and I will find it. That…
Mr. President, I ask unanimous consent that we proceed to the regular order.
That is correct.
Mr. President, we do not have it yet.
Mr. President, I assure the Senator from California, I know we have it somewhere, and I will find it.
That is reassuring; isn't it? Everybody gets to read it-- that is different in the Senate. We have it.
Amendment No. 1068
Mr. President, I send an amendment to the desk.
Mr. President, I ask unanimous consent that the reading of the amendment be dispensed with.
Mr. President, I ask unanimous consent that the amendment be set aside and that the Senator from California be recognized.
Mr. President, we better open up this morning and characterize what the Burns-Chambliss-Inhofe amendment does compared to what is being advocated by my friend from California.
Our amendment directs the administrator of EPA to conduct a thorough
review of all third-party intentional human dosage studies based on six principles listed at the National Academy of Sciences in their February 2004 report. The National Academy report found that, in certain cases, the societal benefits of such studies outweigh the risks.
This amendment also directs the administrator to issue a final rule that addresses applying ethical standards to third-party studies involving intentional human dosing to identify or quantify toxic effects within 180 days of enactment of this act. In other words, they have an open end now where they drag their feet as far as offering reports to Congress.
By the way, I ask unanimous consent Senator Brownback of Kansas be added as a cosponsor.
Mr. President, we know we can use very emotional examples to draw our attention to this issue. My first thought, I don't think there is a chemical engineer or a scientist in this Senate. I can't say that for sure, without having a degree in chemical engineering. Nonetheless, we have to rely on reports. We also have to rely on reports that are peer reviewed from many different sources.
What the Senator from California has brought to the Senate this morning has a few flaws. First of all, they are quoting from a staff draft of a study, and we do not know what the outcome will be. We do not know what the final rule will look like. The administrator has not even seen it, let alone made any recommendations to be agreed to. That is No. 1.
Basically, the Senator's amendment prohibits the EPA from conducting or accepting research involving intentional dosing of human subjects. She referred to the CHEERS study. What is the CHEERS study? In the CHEERS study, the agency proposed to monitor children's exposure to pesticide in a specific population. That is what it is was for. The proposed CHEERS study, developed by the Office of Research and Development at EPA, was an observational and biomonitoring study and not a dosing study. As a result, her amendment does not impact CHEERS or any other similar type of study. I want that in the Record. We should be very clear about that.
We are not chemists or chemical engineers. We are not scientists. All of the warnings and all of the charts we have seen this morning are a result of studies, be they EPA, through peer review or third-party studies with peer review. We would not know this information had there not been studies, third party or by the EPA. Her amendment is very clear. It just says we stop testing.
So I ask my colleagues, on this issue: How do we know? How can we find out? Because we need this information. Do we allow chemists or chemical engineers to do this, with no backup, working for a private corporation in the business of selling pesticides, fumigants, herbicides, detergents, car washes, carpets, the padding on our chairs? Everything we touch or we live with has a so-called chemical element to it. Do we just take their word for it, those who are in the business of selling these products? Unless there are third-party studies, with peer review and EPA studies with the same standards of peer review, that would be the case.
This is not like the testing of prescription drugs. Having no test on chemicals, no information on chemicals that we use in the production of food and fiber and shelter in this country is not a very good idea. It is not a good idea. As I said, would we know about the warnings that were used today had it not been for testing?
Senator Boxer's amendment is so far reaching that between 60 and 70 chemicals and 1,300 tolerances, or the allowable pesticide residue on foods, would be affected. It would mean taking those reports, putting them away, and never referring to them again. That does not make a lot of sense. Not only is there the time, money, and effort involved, but also some of the results we know of today we would not have known this morning in order to make this debate.
For example, I have a letter from the American Mosquito Control Association, which opposes this amendment offered by my good friend from California. By the way, they support our amendment. I am going to offer this letter in its entirety for the Record, but I want to read one little paragraph that I think speaks to the essence of this debate. I quote:
The emergence and spread of West Nile Virus in the United
States has re-emphasized the need for safe and effective
mosquito control strategies that reduce the risk of acquiring
this devastating disease. Personal protective measures such
as repellents figure prominently in these strategies--as do
federally-registered public health pesticides, when
indicated. This amendment, as written, will effectively cease
future research on alternatives to DEET and curtail sound,
ethical studies on the toxicology of public health
pesticides. The AMCA considers the availability of
scientifically sound and ethically-obtained toxicology data
to be essential in determining levels of risk from both
disease and the means used to control it.
Mr. President, I ask unanimous consent that the entire letter be printed in the Record.
Studies of this kind on safety must move forward or we will have a public health situation being created by the unintended consequence of not performing those studies.
Now, if I have not convinced you to vote with me yet, I also have an extensive list of pesticides that rely on human studies to determine safe exposure levels for more than 50 crops grown in our States. In fact, these pesticides, cited by Senator Boxer's and Representative Waxman's June 25 study, have critical uses in 39 States. A few of these States include: Arkansas, California, Florida, Georgia, Kansas, Louisiana, Maine, Nebraska, Ohio, and West Virginia. I say to the Presiding Officer, I am sorry, they did not mention South Carolina. But these pesticides, for every State listed, are used in the production of food and fiber for this country.
Now, I realize there are a lot of folks who do not really understand agriculture maybe that much, but you have to understand the second thing we do in this country every day--after we get up--is eat. For the first thing we do, we have a lot of options. But the second thing we do is eat.
The largest industry probably contributing to the GDP of California is agriculture. If it is not the largest industry, I would be surprised. Think about your brussel sprouts, strawberries, apples, dry beans. Look at all your almond production, beats, peppers, celery, cauliflower, pistachios. The list goes on and on of these chemicals, these pesticides, these fumigants, these herbicides, all used in the production of food and fiber for this country. It is pretty amazing.
Senator Chambliss and I are offering a reasonable alternative from the amendment offered by the Senator from California. Our amendment is plum simple. It directs the Administrator of the EPA to ``conduct a thorough review of all third-party intentional''--``intentional''-- ``human dosing studies'' based on the National Academy of Sciences February 2004 report.
I think it is found in this book offered as a guideline. I will give you the headings: ``The Four-Step Process of Human Health Risk Assessment.'' Step one: ``Hazard Identification,'' ``Dose Response Assessment,'' ``Exposure Assessment,'' and ``Risk Characterization.'' That is the guideline. Pretty simple--a little book. Anyone can order it. Send me your check and $5 for handling for mail, and I will get it out to you. But that is what it says.
We are directing the EPA to ``issue a final rule that addresses applying ethical standards to third-party studies involving intentional human dosing'' ``within 180 days of the enactment of this Act.''
We are putting them on a time line. We want to know. The public has a right to know. Everyone involved wants to know. People who work on allergies, many things that are normal in our everyday lives, want to know: Quit dragging your feet. Let's have it. Let's get the report because we think it is pretty important.
There are ethical standards established. They are already in place. Let's get the final rule. That is what we are telling this Director. That is what we are telling this agency--that we want to know--because as policymakers, we do not want to get caught in this idea of an unintentional consequence.
None of these warnings that we have on the label of our shirt or on our detergent when we wash our dishes at night--none of those warnings would be there had there not been extensive work in risk assessment and public health at heart if those tests had not been carried out.
Since that standard is set, what we are saying now is not to proceed just blindly down a path using no guidelines, but to write the rule that allows policymakers to move forward with adopting the public's attitude toward this issue.
And we can make a mistake. We usually base all our decisions on history. As to the history of this, we study this without going blindly off a cliff. We usually use history. If we monkey with it, if we take part of it out, and that is not available to us either, or to the EPA, or anybody else who is making a decision as to the reliability or the safety of that particular product, then we have done an injustice to the people who make the decisions. That seems pretty logical to this nonscientist, nonchemist from the State of Montana.
Let's take the emotion out of it, and let's look at things as they really are in the world around us. We do not touch anything, folks--we do not leave the garage, we do not even get up in the morning, we do not do anything in this environment around us where there are no chemicals. Some of them are even added by man. But we live in that kind of a world, with our relationship even with the Sun, the soil, and the water. We live in a chemically reactive world. The more we know about it, the more we know about our own environment and those steps we have to take in order to protect it.
So what I and my colleagues are proposing in this Burns amendment is that we proceed with standards and direct the EPA to make their rule final and publish it in the Federal record for all to see--and all to either uphold or criticize. That is all we are doing. It is pretty straightforward. But we cannot just say: Stop, stop the clock. We cannot do that. That is not fair to the American people. It is not fair to the American consumer, and it is not fair to the folks who are involved in producing food, fiber, and shelter for this country.
If you want more of your food to come from offshore, where there are no tests, there is no way to regulate, then you just stop the process because that is where it will be coming from, even with our tremendous ability to produce for a society that we think is probably the healthiest in the world.
I reserve the remainder of my time.
I yield the floor.
Mr. President, my amendment, to answer the National Academy of Sciences point, the six quantifying objectives, as mentioned, come from the book ``Intentional Human Dosage Studies for the EPA, Respiratory Purposes, Scientific, and Ethical Issues.'' They were taken from that book. The National Academy is found in the amendment.
Again, we can characterize it any way we would like. I would just say that we still base our decisions on history. This amendment is paramount. And I understand, nobody likes the idea of human dosing. If we could get around it, if there was any sure way we could get around it, we would. I don't like it either. But nonetheless, as we talk about this, we are holding up testing on the world around us. We cannot afford to lose any time or information. We owe that to the American people, to the consumer. We also owe it to the people who produce food and fiber.
How much time is remaining on the other side?
Mr. President, we have a vote coming up, and we probably can get to that in the next 5 or 10 minutes, if that is OK with the Senator from California.
If you want to close, I will make a short statement. Then we will go to the vote.
I yield the floor.
Mr. President, I will recap. Our approach is a commonsense approach. It just makes sense and logic that the information we need is only found in the work that we do on the safety of pesticides, fungicides, herbicides, all of that. It becomes very important to the agricultural producers, but also it is more important to the safety of our consuming public.
It has been a good debate. I yield the remainder of my time.
That is correct.
Mr. President, I ask unanimous consent that there be 2 minutes of debate equally divided prior to the vote in relation to the Boxer amendment.
The Senator has 1 minute prior to the vote on her amendment.
I ask unanimous consent for that.
I thank the Chair.
Mr. President, I move to reconsider the vote, and move to lay that motion on the table.
The motion to lay on the table was agreed to.
Amendment No. 1023
I yield to the Senator from California on her amendment. She has 1 minute.
Mr. President, it just makes sense that we do not suspend testing at all, as this amendment would do. It is bad logic to throw aside almost over 20 reports that give us the history and the institutional knowledge to complete the work for the safety of the consumer and also the people who produce food, fiber, and shelter in this country. I urge a ``no'' vote on this amendment.
I yield the floor.
I move to lay that motion on the table.
The motion to lay on the table was agreed do.
Amendment No. 1025
Mr. President, by previous order, we move to the Dorgan amendment No. 1025.
Mr. President, we have increased Indian Health Service this year quite a lot at $135 million. I agree with my colleague from North Dakota--it does not cover all the bases. It is one of the places we have increased the funds in this year's budget and this year's appropriation. Committees also provided $82 million over the administration request for the Bureau of Indian Affairs.
The increase comes at a time when all other agency budgets in the bill are not growing. In fact, many are declining. The EPA is reduced by $144 million below their current year level. The Forest Service is $648 million below theirs. The National Park Service is $51 million below theirs. I mention these reductions saying we have done everything this committee could do to channel more money into the places needed. We did that with regard to the Indian Health Service.
There are seven reservations in my State. We are very much aware of the shortcomings. We have one reservation we are trying to work awfully hard with right now because there is a shortfall in health services. Of course, we are trying to take care of that, protect the integrity of the tribe and also their budgets and their expenditures. We are trying to do that now. We have a real job on our hands as to how we balance the act.
Right now, the offset the Senator from North Dakota has proposed is not correct as CBO will not score that. This $1 billion, of course, comes under another category.
I will yield.
We will try the Congressional Budget Office.
Of course, there are other things that have entered into this. I have often wondered why they always call it OMB, Office of Management and Budget. I think maybe they call it OB. Nonetheless, we can kick that around.
It does not score with the Congressional Budget Office.
The pending amendment, 1025, offered by the Senator from North Dakota, increases the discretionary spending in excess of the 302(b) allocation to the Subcommittee on Interior and Related Agencies of the Committee on Appropriations. Therefore, I raise a point of order against the amendment pursuant to section 302(f) of the budget.
I ask unanimous consent this vote be set aside and we have this vote immediately after the debate as to 1026, which is the amendment of Senator Sununu to this act.
I suggest the absence of a quorum.
Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.
Mr. President, I guess I have some time remaining. I yield back that time.
We are awaiting the arrival of the manager of the Sununu amendment.
I suggest the absence of a quorum.
I move to reconsider the vote.
Mr. President, the Senator from North Dakota brings up a good point on humanitarian needs. I don't know what the specifics are in the case of the sergeant. I have a strong feeling toward the sergeant. If he has family, and with the service to his country, I am prone to find out why his permission to travel to that country under these circumstances was denied. There must be something out there that we do not know.
We have been reluctant in our dealings with Mr. Castro and Cuba. Embargos and this type thing only hurt the people who are the average citizens of a country. I have a feeling for this. However, there is an objection to it. We will have a vote on it. I appreciate the Senator from North Dakota bringing up this circumstance. We should look into it and find out what the circumstance is behind it. There are some more maybe pending that we do not know anything about. Nonetheless, we will vote on this amendment.
Mr. President, I have no more comments on this. I reserve the remainder of my time. There was a speaker to come to the floor, and he has not arrived yet, so I yield the floor and reserve the remainder of my time.
I suggest the absence of a quorum.
Mr. President, we have another speaker coming on our side who is on his way.
In the meantime, Mr. President, I ask unanimous consent that I yield time to Senator Kyl for the purpose of withdrawing his amendment.
Mr. President, I thank the Senator from Arizona. There is a larger problem on the Arizona River. We are all aware of it. It is going to take a lot of us working together to deal with that river because of population growth, especially in the wintertime, from Lake Mead and going south. Arizona is only a little piece of that. But, nonetheless, the Senator is very much interested in what happens all the way down, for the simple reason that with Nevada, Arizona, and California, it will take a lot of people working together to deal with that problem. I appreciate the Senator's interest in that, and I do pledge to work with the Senator on authorization.
Mr. President, I yield the floor to the Senator from Florida.
Mr. President, all time has expired.
I suggest the absence of a quorum.
Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.
Mr. President, we have accepted amendment No. 1046 on both sides. I ask unanimous consent that amendment be agreed to.
Mr. President, we are ready to move. I would call for the regular order under the previous order.
Mr. President, I ask unanimous consent that the Senate proceed to a series of stacked votes in relation to the amendments in the order they were offered, to be followed by third reading and a vote on passage of the bill as provided under the previous order. I also ask unanimous consent that there be 2 minutes between each vote.
I move to reconsider the vote.
Nobody can sum this argument better than the Senator from Florida and the Senator from Nevada. I would say this: This is a change in policy and regulation, and we should consider that.
I yield the remainder of my time.