Floor Statements

I ask unanimous consent the Senate proceed to the immediate consideration of H.R. 3248, which was received from the House. I ask unanimous consent there now be up to 60 minutes of debate equally divided between Senators Enzi and Coburn or their designees with no amendments in order, and that following the use or yielding back of the time the bill be read a third time and the Senate proceed to a vote on passage without any intervening action or debate.

Mr. President, I would like to make a few brief comments. Then there will be others who will join me and Senator Coburn as well.

Currently there are over 40 million caregivers in the United States providing informal care or support to a disabled elderly relative. This represents about one out of every five homes in the United States. The Lifespan Respite Care Act would help these caregivers by authorizing competitive grants to aging and disability resource centers in collaboration with State respite coalitions and organizations. That would make quality respite care accessible to family caregivers regardless of age or disability.

Respite care provides family caregivers with the time to maintain their own health, bolster family stability, and keep marriages intact. It also allows family caregivers to avoid or delay police intervention and nursing home or foster care placements.

Over 180 national and State organizations have endorsed this important legislation, including the Alzheimer's Association, the MS Society, Easter Seals, Christopher Reeve Paralysis Foundation, the ALS Association, and the National Patient Advocate Foundation, to mention but a few.

The House of Representatives passed the Lifespan Respite Act by voice vote without objection on December 5, 2006. In the Senate, a similar version passed unanimously in 2003 and has twice passed the Health, Education, Labor and Pensions Committee in previous Congresses. The bill has strong bipartisan support in the Senate.

I thank my good colleague, Senator Warner, for his leadership and work on this important legislation during this Congress and previous Congresses. It was his bill that we moved through the Health, Education, Labor and Pensions Committee. Without his perseverance we would not be here today to pass this bill and send it to the President for his signature.

I would also like to thank Senator Clinton, the cosponsor of this important legislation, who has worked diligently on it.

I respectfully ask my Senate colleagues to approve this legislation and send it to the President to be signed into law.

Mr. President, I yield 8 minutes to the Senator from Maine.

I am not aware of anyone on our side who wishes to speak.

I thank the Senator from Oklahoma, Mr. Coburn, for his concise and important comments, the warning signs he has given. I congratulate him for the times he has already constrained spending. He mentioned the preventive care doctors take. Maybe his comments have already resulted in people taking on a little bit more regarding preventive care. There is a lot more that can and should be done. I urge Members to review his words.

I thank the Senator for the cooperation on different bills as they have gone through and made changes.

I yield back the remainder of my time.

I move to reconsider the vote.

I ask unanimous consent that the Senate proceed to a period of morning business, with Senators permitted to speak for up to 10 minutes each, with the following lineup: 10 minutes for Senator Dorgan; 15 minutes, Senator DeMint; 10 minutes, Senator Lautenberg; Senator DeWine until 3:15; Senator Lincoln at 3:15 for 45 minutes; Senator Durbin for 15 minutes.

Mr. President, today the Senate has once again affirmed its commitment to strengthen the National Institutes of Health and its important research to find better treatments and cures for all diseases. Today, the Senate passed H.R. 6164, the National Institutes of Health Reform Act of 2006. This important piece of legislation provides needed reforms to the crown jewel of the Nation's biomedical research enterprise, the National Institutes of Health.

This reauthorization builds upon the great initiatives and vision of Dr. Zerhouni, the Director of NIH, by creating a common fund to support cross-cutting trans-NIH research initiatives, such as those initiated as part of Dr. Zerhouni's ``roadmap initiative''. This reform bill also brings more transparency to the spending of this important agency. As we recently doubled the NIH budget, it is important that the NIH and Congress can plan and evaluate the efficiency and effectiveness of that spending.

NIH is the steward of this Nation's biomedical research enterprise and it is important we reevaluate the inner-workings of the agency to ensure they are meeting this responsibility. The legislation passed today is a fulfillment of our critical obligation to evaluate, strengthen, and improve the NIH so that they can shoulder this burden.

This bill also includes the substance of the NIH Foundation Improvement Act, which ensures the foundation has the resources and ability to aid researchers in fulfilling NIH's mission to find better treatments and cures for our most serious diseases. Most significantly, these provisions clarify membership in the foundation's board of directors and assures that the foundation receives funds to support its operating expenses.

Every member of the House and Senate takes pride in the NIH and its grantees. Through their work and vision, America has become the world leader in biomedical research, and Americans benefit from the fruits of these labors every day. I am confident that this legislation will help NIH continue to be the engine that drives our understanding of biomedical science and continue to be a source of pride.

Before closing, I would like to take this opportunity to acknowledge, thank, and congratulate the people who have worked hard to craft, draft, and pass this legislation. First, I would like to thank my colleagues in the House and their staff for their hard work in passing this critical legislation. It is hard to overstate their dedication and work in getting this bill done.

Specifically, Chairman Barton and Representative Dingell worked tirelessly crafting this legislation for months and getting the House to pass it nearly unanimously. They have continued to work for the last 3 months to address every concern from Members here in the Senate. Their staffs, Cheryl Jaeger, Katherine Martin, Ryan Long, John Ford and Jessica McNiece, have worked patiently and persistently to reach consensus that this bill is right policy at the right time. We appreciate their dedication and cooperative work.

Further, I would like to acknowledge the Senate and House Legislative Counsels, who worked hand in hand with staff to draft language as the House and Senate worked to accommodate concerns. They worked many long hours and all through the night last night to draft this language. In particular, I would like to express my gratitude to Pete Goodlowe, Warren Berg, and Bill Baird for their dedication and hard work which enabled us to pass this bill.

I want to thank all the members of the Senate Committee on Health, Education, Labor, and Pensions, especially my friend and ranking member, Senator Kennedy, for his hard work and determination in seeing this bill become law. I would also like to thank all of the staff, without whom much of our progress would not have been possible.

I would also like to thank David Noll, Derrick Scholls, Caya Lewis, and David Bowen of Senator Kennedy's staff for their hard work and late nights.

Finally, I would like to thank my own staff, including Katherine McGuire, my staff director, Ilyse Schuman, Greg Dean, Stephen Northrup, Dave Schmickel, and Shana Christrup for their diligence and determination as we worked to reach consensus on this important and essential bill.

We anticipate the House will pass this bill later today, after which it will be sent to the President's desk. I look forward to the exciting biomedical breakthroughs that will result from the continued commitment of the NIH to critical, lifesaving research.

Mr. President, today I rise in strong support of H.R. 6111, the Tax Relief and Health Care Act of 2006. This important tax relief legislation includes a number of provisions that are extremely important to my constituents in Wyoming. It deserves to be passed, and I am urging all of my colleagues to support this important bill.

First and foremost among the provisions that I am supporting is a provision to reauthorize the Abandoned Mine Land, AML, Trust Fund for 15 years. I have been working to reauthorize the AML trust fund since I was first elected to the Senate in 1996. As it currently operates, the AML trust fund does not work as intended and does not treat my home State fairly.

The Federal Government has hijacked more than $550 million that was promised to Wyoming from a tax on coal produced in my State. We have legislation before us to correct this problem and to fix it so that Wyoming receives its fair share of funding in the future.

This legislation has been a long time in the making, and it has broad support. Over the past year, I have worked with Senators Rockefeller, Santorum, Specter and Byrd to build a coalition that can support this important bill. The bill is supported by the coal industry. It is supported by the United Mine Workers of America, UMWA. It is supported by members from the eastern United States and members from the western United States. All of the stakeholders are in agreement that the AML reauthorization language that is included in this bill is the best language to fix the problem and move the issue forward.

The legislation has many provisions that are important to my State. It returns the $550 million that was hijacked by the Federal Government over a 7-year period. I am pleased that it

does so in a way that allows Wyoming's legislature to determine their priorities for how that money should be spent.

The legislation also ensures that Wyoming will continue to receive funding in the future for mining activities that occur within our State's borders. It does all this at the same time we direct more money toward reclamation in States where the reclamation work is needed.

Finally, I wanted to see a reduction in the tax charged to Wyoming's coal companies. Some of the companies in my State do not have the problems associated with abandoned coal mines, nor do they have the orphan miner liability that is held by some companies. Those companies agreed not to fight an extension of the tax if it was reduced, and this legislation includes a slight reduction in the fee.

The priorities of other members are also included in this bill, including provisions that shore up health care for orphan miners who fall into the Combined Benefits Fund. Those priorities include the addition of health care coverage for members who fall into the 1992 fund and the 1993 Fund. Although the shoring up of those three funds was not a priority for me, this represents compromise legislation.

Some opposition to this legislation comes from members who claim that it is too expensive. I would argue to my colleagues who are concerned with the cost of the bill that it is not as expensive as it appears at first glance. Money will continue to come in from collections of the AML fee, which will help to offset the cost. The Federal Government will also continue to receive significant revenues from coal production on Federal lands.

However, unlike past monies that have been sent to the Treasury and that have been spent outside the act, this legislation will ensure that the funding is used for its intended purposes. Money that is supposed to go to the States will no longer be hijacked and spent on unrelated programs. Instead of those unrelated programs, the money that is intended to do reclamation will actually be used to further our reclamation goals. Money that is supposed to go back to the States will actually be sent to the States. Coal money will actually be used to help fix a coal problem.

For those who do not like the health care portions of this bill, I share your heartburn. Wyoming does not have a significant number of orphan beneficiaries. However, it should be noted that the Federal Government has been spending Federal dollars to help provide these health care benefits for years, and there is nothing to suggest that we will stop funding these benefits. The Senators who represent the families who receive this health care continue to make sure the families receive it. Since miners' health care continues to be funded, we needed to find a way to fulfill the promise to the States. This legislation was such a fix.

When a program is broken, we need to fix it. The AML program has been broken for years, and this legislation is an opportunity to fix it. It will send more money to reclamation and will return money to States that those States are owed.

This is a good bill, and I am so pleased that we were able to include this reauthorization in H.R. 6111.

AML reauthorization is not the only important section of this legislation. The bill also includes the extension of the State and local sales tax deduction. The State and local sales tax deduction, which is crucial for the residents of States without a State income tax, was included in the American Jobs Creation Act of 2004. However, this deduction expired this year. Because this deduction has expired, it is crucial that Congress act now to extend this important deduction. The State and local sales tax deduction is an issue of fairness. Residents who live in a State without a State income tax should not have to pay more in Federal taxes simply because they cannot take advantage of the State income tax deduction. While I would like to see this deduction become permanent, I am pleased that the option to deduct State and local sales taxes will be extended an additional 2 years through this legislation.

In addition, I want to take a few moments to express my support for the extension of the New Markets Tax Credit program through 2008. This is a highly successful program that stimulates investment in low-income communities. Multiple communities within Wyoming have been able to take advantage of this tax credit. I am hopeful that with this extension, additional cities and organizations in Wyoming will be able to utilize this tax credit. I am also pleased that this legislation includes a modification to the New Markets Tax Credit program to guarantee that nonmetropolitan communities receive the proper allocation of qualified equity investments. This change in law is welcome news for the smaller communities throughout Wyoming.

The final tax provision I will discuss today is the extension of the research credit. This credit has played a vital role in encouraging companies throughout the United States to expand their research efforts. Innovation and advancements in technology are critical to the progress of the United States. This research credit encourages companies to spend more of their financial resources on the discovery of new and innovative products and ideas. Without the ongoing research and development of American businesses, the overall economic outlook of our Nation would greatly diminish. It was crucial that this credit be extended and I am pleased that this legislation includes such an extension.

Finally, I am pleased that H.R. 6111 includes a section to increase our domestic energy production. We need to increase our domestic energy production to reduce our dependence on foreign sources of energy. Domestic energy production is akin to economic and national security. The Outer Continental Shelf, OCS, provision included in this act is based on S. 3711, the Gulf of Mexico Energy Security Act which the Senate passed in a bipartisan way on August 1, 2006.

The OCS has tremendous untapped potential to meet the energy needs of our Nation. Energy that we need to heat our homes and energy that we use in manufacturing can come from this region. The OCS has energy that will help secure our food supply by lowering prices for farmers and ranchers who produce that food.

The entire OCS is composed of 1.76 billion acres and there are 8,000 active lease areas producing oil and natural gas. This production translates to approximately 20 percent of our domestic oil production and approximately 30 percent of our domestic natural gas production. Yet, of the 1.76 billion acres of potential production area, 85 percent of the coastal waters around the lower 48 States currently is off limits to energy development.

Under this provision the Secretary of the Interior is directed to offer mineral leases in a specified area within 1 year of enactment. This action has the potential of producing 1.26 billion barrels of oil and 5.8 trillion cubic feet of domestic energy. This bill will provide enough natural gas to heat 6 million homes for 15 years, and so I am pleased that it was included in this bill.

I thank my colleagues who worked on this important tax relief legislation. Specifically, I thank Chairman Grassley and Ranking Member Baucus for their efforts. I thank Senators Rockefeller, Byrd, Santorum and Specter for their hard work and dedication on the AML bill. This important legislation deserves to pass, and so I will be voting to move the legislation forward.

Mr. President, when I look back on the years I was fortunate enough to have served in the Senate with Rick Santorum, I think I will most remember him for his strong and passionate belief in the principles he fought for on the floor, the unwavering support he always gave his friends, and the powerful way he expressed himself on the issues that came before the Senate.

Whenever there was a problem ahead, it was always good to know Rick was in your corner. In fact, Rick was one of my first supporters when I was running for the U.S. Senate. Everyone who runs for the Senate for the first time has a great need for funds. I was no exception. Rick gave me a check that I later noticed was not signed. I needed the help and I would gladly have walked halfway across the District of Columbia to get his signature to make the document official, but when he learned that I needed his endorsement on the check he had so generously helped me obtain, he dropped everything he was doing and came to where I was to sign the check for me.

In the years since my election, Rick has shown time and time again that he is a thoughtful, genuine person on whom I could rely. He has a great mind for politics and his heart is with the people of Pennsylvania whom he has represented so well. I have often relied on him for the way he would quietly offer me his good advice, support me when we took up issues that were big concerns of the people of my State, mentor me on how to get things done around here, advise me on procedure, and help me to advance the causes that were common to the people of our States. The people of his home State could not have had a more active and effective advocate through the years, and he will be very hard to replace.

As any observer would note, Rick's career has been nothing short of amazing. At every step in his political life, critics would tell him his vision was an impossible dream. In response, Rick would take his case to the people, and time after time he would prove the naysayers wrong. That is because Rick knew the value of hard work and he also knew the first law of politics--it is not where you start, it is where you finish--and Rick made a habit of finishing first.

When Rick ran for a seat in the U.S. House of Representatives, he knew it was going to be a rough campaign because he was battling a seven-term incumbent who had a lot more money than he did. So, Rick knocked on 25,000 doors and put together a grassroots effort that included people from many different backgrounds who wanted to work with Rick on a wide range of issues. In the end, when the election was over and the votes were counted, Rick had won. It was clearly Rick's personal touch and his enthusiasm for the job that had been strong enough to overcome every obstacle--even a shortage of financial resources.

It wasn't long after that Rick was elected to the Senate after another difficult campaign battle. Again, the critics said it couldn't be done. Once again, Rick showed them he could do it.

As soon as he arrived in the Senate, he continued to fight for the principles he believed in, regardless of what others predicted the outcome would be. He fought for the tough causes without regard for the outcome because he couldn't be silent when the rights of the unborn were denied or a cherished principle was at stake. It was a commitment borne of his deep and abiding faith. In fact, I can't think of anyone who is a stronger man of faith than Rick is. His faith is a great part of who he is, and it forms the basis of his character.

I heard a story about the last campaign about Rick and a trip he and his wife were making so Rick could appear on ``Meet the Press.'' It was near the end of what had been a long and difficult campaign and anyone else would have been exhausted. Not Rick. He was fighting for a cause that he believed in, and he was, once again, full of that remarkable energy he called upon for all of his political campaigns.

As they headed down the road toward Washington, Rick and his wife talked about how hard the campaign was and how it had affected them and their family. As they thought about the battle that was still before them, they began to talk about Rick's opponent and the toll the battle was undoubtedly taking on him and his family as well. Without hesitation, as they drove to Washington for the televised debate, they took the time to pray for his opponent and his family in the hope that God would bless them and give them all the strength they would need to complete the campaign. Then they would leave the matter to the voters to decide. That is how strong a part of his life Rick's faith is.

In the years to come, I think Rick will often come to mind, standing with us on the Senate floor, taking on a cause that has driven him to act. Rick is known as a scrapper, but he is much more than that. He is a warrior, the kind you want on your side when the going gets tough. He is also a brilliant tactician, and if there is anyone who can develop and implement a winning strategy on the floor or in the field, that individual is Rick Santorum.

Rick has been a winner over the years because he knows the value of a message--and how to effectively advocate and present it. He is a great persuader as well, and he has been a valuable part of many efforts to pass legislation. He is someone who likes to get things done, and that ability has been recognized here in Washington and back home in Pennsylvania by members of both parties. When it comes to a difficult bill, Rick has the conviction, courage, and persistence to work through our difficult process and get the job done. His defense of life on the floor has made a difference and it will continue to do so.

Rick knows that one person doing the right thing is a majority. He knows that has cost him in the past, but he will be the first to say that it has been worth it, and people will see that in the long run it is all about standing up for what you believe.

I have always believed that life is a great adventure and God has placed us where he needs us, when he needs us to be there. I know that God has special plans for Rick. We haven't heard the last from him. There is another battle, a greater cause for which he is needed, and I am looking forward to seeing where God will see fit to place him in the months to come.

Rick Santorum has been a great friend during the time I have had a chance to come to know him. His expression of his faith and all he has shared with us at our Prayer Breakfasts will stay with me because they were a powerful and memorable affirmation of his belief in God. I hope he continues to weigh in on the issues that come before the Senate. We can always benefit from the views and advice of someone who says what he means and means what he says.

Jim Talent

Mr. President, soon the last remaining items of business on the legislative calendar for the current session of Congress will be completed and the current session will be brought to a close. When it does, several of our colleagues will be returning home and ending their service in the Senate. We will miss them, and we will especially miss the good ideas and creative energy they brought to their duties in the U.S. Senate.

Jim Talent is one of those individuals we will miss because of his can-do spirit and his determination to make a difference. He cares a great deal about our country, and he came to the Congress determined to make this a better place for us all to live--especially our children and our children's children. That is why he has always been so focused on the future of our Nation and the need to solve the problems that face us before they overwhelm us.

I first met Jim when he was the chairman of the House of Representatives Small Business Committee. Coming from a small business background myself, I was determined to do everything I could to eliminate the redtape that too often serves to discourage instead of encourage the growth of our

small businesses throughout the country.

At the time, Jim was working on a number of issues in his committee that I was working on with the Workplace Safety and Training Subcommittee of the Health, Education, Labor, and Pensions Committee. Together we began to focus on some OSHA issues and other matters affecting the workplace that needed our attention. We came up with a plan to work them incrementally, and by taking them up piece by piece, bit by bit, we were able to get some things done that might have otherwise been put off for another day. Over a couple of years, we were able to pass into law some of the first changes in the history of OSHA. Each step was a small victory for the workers of America. Taken together, the results gave us both hope that we would collaborate on bigger and bigger things in the future.

Back then, Jim had a decision to make. He was very popular back home and he probably could have stayed in the House for quite a long time, but he decided he wanted to run for statewide office. That call eventually led him to run for the Senate. It was a difficult battle, but Jim emerged with a wellearned victory.

I was delighted by his decision to run for the Senate and even more enthused by his victory. It proved what I had always thought about Jim, that he is a hard worker and he is always there to fight for what he believes in.

During his service in the Senate, Jim has been a champion for the people of his State and an expert on health plans for small businesses. When he was in the House he had served on the conference committee for the Patients Bill of Rights. He got the health plan legislation we wanted in the report, but the report, was never voted on. Now that he was in the Senate, he was working on a number of issues but none as hard or as focused as he was on passing the small business health plan into law that he had helped shape and draft.

In the end, we were able to get 56 votes in the Senate for our plan, but it takes 60 to force a matter to a vote. That meant we were just four votes short of the total we needed to pass this legislation and address the issue of health care for small businesses and people all across the country.

I know we will miss Jim's participation when we take up this issue next year, but I expect he will find a way to keep our feet to the fire and remind us that the people of this Nation are expecting us to get something done to help address their health care needs. I look forward to hearing from him with his suggestions and thoughtful comments about the bill that emerges from committee next year--how to improve it and, more importantly, how to pass it.

In the years to come, I know I will miss Jim and his creative ideas and enthusiasm for getting things done. Jim's greatest asset has always been his ability to listen to all sides of an argument and create ways around the obstacles that were preventing us from taking action. He is a leader, an innovator, and most of all, a friend to all who have come to know him.

Thanks, Jim, for your dedication, your persistence, your courage, and the many capabilities you brought to your work on the Senate. You will be missed around here. Good luck in whatever you choose to do in the days to come. You will always have our support and our appreciation for your determination to make this country's health care system work as it should.

Mike De Wine

As each congressional session draws to a close, we work as hard as we can to try to tie up all the loose ends and finish as much of the pending legislation as we possibly can. As we do, we also take a moment to say goodbye to some of our colleagues who won't be with us during the next Congress to share with us their insights, wisdom and creativity.

As the chairman of the Senate Committee on Health, Education, Labor and Pensions, I know I will miss Mike DeWine when the committee meets to begin its schedule of activities next year. Mike has always been a particularly hard-working member of the committee and I know my colleagues on the committee and I will miss his perspective and his tireless commitment and his dedication to the issues affecting children and families.

Working with Mike has been a pleasure. We have a great deal in common--beginning with our mutual enjoyment of the old-fashioned ice cream social back home. It is a tradition for both of our families and our political lives because it is a great way to get everyone together to talk about current events while enjoying everyone's favorite dessert.

No one ever said that politics was an easy career to follow and, true to form, Mike has had a number of hurdles placed before him that took some doing for him to overcome.

He began his career of public service as a county prosecutor. He took a tough stand against crime and people noticed. Then, he was elected to the Ohio Senate. That led to a run for a seat in the Congress. He faced a tough primary fight, but wound up at the top of a field of six candidates. Then, when the general election was held, he was elected to serve the people of his district in the House of Representatives.

In the years to follow, Mike had some more tough battles. He didn't always win, but he never quit. That spirit of dedication and commitment of his helped him to win a seat in the Senate, representing the people of Ohio he had been fighting for over the years. His election gave Mike a new forum from which to promote his principles, and he soon proved himself to be a champion for children and family values. As bill after bill came to the Senate floor for our consideration, Mike always gave it a close look to see if there was something that needed to be added to increase the protections available to our Nation's children.

Mike understands full well that our children are our most important resource. If we don't help our Nation's families do a good job of raising their children, nothing else we do, no matter how well we do it, will matter much in the long run.

Some people might be surprised to learn how well Mike has used his time to work with members on both sides of the aisle. To Mike, it was just common sense. You never know how long you will be a member of the Senate, he would say, so it makes sense to use your time wisely.

As the chairman of the Senate HELP Committee I can attest to the fact that he has used his time wisely. He has been a great addition to the committee because he is an expert on children's issues and issues affecting older Americans. I have watched him carefully work on a number of bills dealing with a wide variety of topics. He always comes to our meetings, well prepared, fully focused, and committed to making a difference for the people of Ohio and the rest of the Nation.

Mike is very much a people person, and he and his wife Fran have made regular trips to Haiti to work with the poorest of the poor. I have often heard it said that God must love the poor because he made so many of them. Fortunately, God also made people like Mike DeWine to plead their case for them in Washington and work with them around the world in an effort to make their lives better.

The ice cream social I mentioned earlier has become an annual tradition and Fran and the friends she recruits are now famous for their hospitality as they put on what must be the world's biggest pie and ice cream social.

That is just part of the full schedule Mike and his family maintain every year here, in Ohio and around the world taking on the causes he and Fran hold dear. If you want to know what kind of a year Mike has had, take a look at his Christmas card. If you do, you will see an amazing collage of pictures of his family and all that has taken place in their lives over the past 12 months. It serves to emphasize his great belief in the importance of family and family activities. It is a value Diana and I and so many of our colleagues share.

In the years to come, whenever I think of Mike DeWine, I know I will think of those Christmas cards, which I hope to be still receiving, and of the smiles and happiness reflected on each face in the pictures on that card. They tell me that Mike and Fran DeWine have learned one of life's most important lessons. Fame and fortune are all too often fleeting and evasive things in life. In the end, and every day, the most important part of our lives has to do with the strength of our faith, the bonds that tie our families together,

and the friendships we develop along the way that help us to fully appreciate and enjoy all that life has to offer.

Mike DeWine is truly blessed to have a family which has shown themselves to be role models on all three of those special values. I know I will miss him, but, I also know I won't forget him and Fran.

Conrad Burns

Mr. President, the 109th Congress will soon be drawing to a close. As it does, we will be casting our final votes on the issues we will take up this year, and saying goodbye to several of our colleagues who will not be with us for the start of the 110th session of Congress. I know I will miss them all for the creativity, imagination and firm resolve they have brought to the consideration of the issues we have worked so hard to address for the past 2 years.

One of our colleagues I know I will miss in particular is Conrad Burns. Throughout my service in the Senate he has been a remarkable friend, and the kind of person you would want on your side if a battle on the Senate floor was about to take place. For 18 years he has been a remarkable Senator and a strong and effective representative of the people of Montana. It just won't be the same around here without him.

Conrad Burns is a true westerner--through and through--and very proud of his western roots. He has always been strongly committed and absolutely loyal to the United States and to his home State of Montana. He showed his commitment to each at an early age. First, his love of his country showed itself when he decided to leave home and join the Marines. Then, when his tour of service was completed, he returned to Montana and began a career that was going so well his employer wanted to transfer him to another State where he thought Conrad would be more effective. That is when Conrad's love for his home State of Montana showed itself and he quit a promising career rather than leave the State he loved so well.

Instead, Conrad set up the Northern Ag Network, which grew from 4 radio stations to 29 radio stations and 6 television stations. Then, as things were going so well with that project, he began looking for a new challenge. He found it when he ran for Yellowstone County commissioner and won. It was the start of a great political career for him and the more the people of Montana got to know Conrad Burns, the more they liked him.

Conrad then decided to run for the Senate and ever since he came to Washington, Conrad has compiled quite a remarkable record of service. He has made great decisions for our country as he has watched out for the best interests of the people of Montana. He has made a difference on the local, State and national level. Here in Washington, he has championed some amazing projects and issues and there is a lot of legislation that bears his mark for his having worked on it or supported it through the years.

As we have watched Conrad roll up his sleeves and get to work on any of a number of issues, he has always impressed us with his understanding of complex issues and their short-term and long-term implications for our society such as the Internet and the development of modern technologies. In fact, I don't think anyone knows more about broadband and communication issues than he does. He is probably the greatest expert in the Senate on those matters and I know I will continue to seek his advice and counsel about them when these or related issues come to the floor in the months to come.

That is an impressive start, but it is not all you will find when you examine Conrad's record of service. Conrad has also been a hero to small businesses across the country. He understands their importance and he is fully aware that our Nation's small businesses are the backbone of every State's economy and our national economy as well.

People around the country have come to know Conrad as he exercised his strong and effective leadership on the Appropriations Committee. He was always very careful with the people's money to ensure it was effectively spent.

For my part, I will always remember Conrad as one of my greatest mentors in the Senate. Thanks to him, I learned a great deal about the hearings process and how it works. I learned the importance of putting a hearing together that would generate good ideas to solve difficult problems. That enabled us to address the concerns of the ranchers of Wyoming, Montana and the West and take a closer look at the destruction caused by the fires in our States. As we examined those issues during our hearings in Montana, I got a chance to see how he handled the gavel and exercised his leadership as chairman. That experience helped me to plan and hold my own hearings and ensure a maximum amount of participation and discussion.

Conrad has also been a good friend over the years we have served together in the Senate. We have fished and golfed together. We have worked together on issues of concern to Wyoming, Montana and the West and we have voted together. We have gone to quite a few sporting events together usually to watch the Wyoming and Montana teams play each other. I seem to recall that Wyoming usually got the better of those encounters. I think Conrad may recall those games differently, but I am pretty sure the Wyoming teams always finished ahead of the others.

Our families have enjoyed each other as well. Our wives are best friends in the western sense--not the Washington, DC sense. Our kids grew up together and they have remained close--even through those times when they were miles apart.

Most important to me, Conrad has been my friend through thick and thin--the good and bad--the wins and losses--and the highs and lows of political life. Time changes so many things in our lives, but one thing it never changes is a friendship. Thankfully, those only grow deeper and stronger with time.

As we say goodbye to Conrad Burns, I know I will still be seeing him, hearing from him and spending time with him now and again. Change is temporary, friendships are permanent, and I know my family and I are looking forward to continuing to share our lives with Conrad and his family. We can't ever let change ``change'' that.

Bill Frist

Mr. President, today Congress acted in the interest of the public health by passing the Dietary Supplement and Nonprescription Drug Consumer Protection Act. I am extremely pleased that the House has now passed this bill and sent it to the White House for the President's signature. This legislation would require manufacturers of dietary supplements and all manufacturers of over-the-counter drugs to report serious adverse events to FDA.

The Dietary Supplement Health and Education Act of 1994, DSHEA ensures that a broad array of dietary supplements are available to American consumers. DSHEA protects consumer choice and access to dietary supplements that are safe and properly labeled.

This bill will preserve the safety and availability of dietary supplements that benefit so many Americans. Although many dietary supplement manufacturers already give FDA reports they may receive regarding adverse events associated with their products, they are not required to do so. This legislation would add that requirement, while keeping safe supplements available to consumers.

This proposal adds a new reporting requirement for dietary supplements and all manufacturers of over-the-counter, OTC, drugs to report serious adverse events to FDA. This is an entirely new requirement for supplements. Some OTC drug manufacturers are already required to report serious adverse events.

The reporting would be limited to serious adverse events. We are talking about the kind of information FDA really needs--reports of death, a life-threatening experience, hospitalization, a persistent or significant disability or incapacity, or a congenital anomaly or birth defect.

To ensure that unscrupulous competitors cannot damage legitimate businesses, the bill makes it a prohibited act to make a deliberately false adverse event report to a manufacturer or to the FDA.

The bill also sets a 15-day time limit for manufacturers to turn over reports of serious adverse events they receive. They must keep the reports for 6 years, and FDA is allowed to inspect the manufacturer's records of adverse event reports.

This new Federal requirement would replace any potential state requirements. However, States would still work with FDA on safety issues.

And safety is what this bill is all about. You need good data to make good decisions. Most dietary supplements are safe and should be available to consumers. But just in case one isn't, FDA needs to have accurate, current information to decide when to act and what to do. This bill will help the agency get that information.

This bill is the result of a tremendous amount of work across party lines. I want to thank my colleagues Senators Hatch and Harkin here on the committee, and Senator Durbin, for getting this bill started. I would also like to express my deep appreciation and thanks to the ranking member, Senator Kennedy, for his hard work during this process. We have produced a fair bill, and I am so pleased my colleagues on both sides of the Capitol have lent it their support.

Mr. President, yesterday, Congress confirmed its obligation to the thousands of individuals living with and families affected by autism by passing the Combating Autism Act of 2006, S. 843. I am extremely pleased that the Senate passed this bill and sent it to the White House for the President's signature.

This anticipated law has a long history. Senators Santorum and Dodd worked diligently with me, Senator Kennedy, and our staffs for the past 2 years to develop this crucial piece of legislation to assist individuals living with autism and other developmental disabilities and their families. This legislation focuses on expanding autism research and coordination of that research at the National Institutes of Health, NIH, and increasing awareness of autism and its manifestation through the Centers of Disease Control and Prevention, CDC. In addition, the bill integrates the country's various

health, education, and disability programs serving children and families affected by autism. Finally, the bill provides a greater voice to the community of people affected by this disorder.

No one knows the cause of autism or exactly how many children are affected by autism and autism spectrum disorders; however, some studies suggest the numbers could be as high as 1 out of every 166 American children. But there are many things we do know about autism.

We know that early intervention is critical to helping children with autism reach their full potential. The earlier the intervention, the greater the chance a child has to grow and learn how to live with the disorder. Given the importance of early intervention, this bill will expand the necessary research to study the possible causes of autism especially at the critical early childhood development stages.

Also, we need greater understanding about the various forms of autism so that we can improve our ability to provide the right kinds of intervention and support. Finally, we need to provide better integration of the health, education, and disability programs already available to meet the anticipated and increasing demand for these interventions, supports, and services in the future.

The Combating Autism Act is an important step to address these needs and to find solutions that will improve the lives of children and families whose daily lives have been disrupted by autism.

I would like to close by adding my congratulations to the people who have had a key role in drafting and passing this key piece of health care legislation. First, I would like to thank my colleagues and their staff both in the Senate and in the House for their hard work in passing this critical legislation. I want to thank all the members of the Senate Committee on Health, Education, Labor, and Pensions, especially my friend and ranking member, Senator Kennedy, for his hard work and determination to seeing this bill become law. In addition, I would like thank and our colleagues in the House, Chairman Barton and Representatives Bono and DeGette.

This bill is the result of a tremendous amount of work across party lines. I want to thank the original bill cosponsors, Senators Santorum and Dodd, for introducing this legislation and for working with me to fine-tune it. They are to be commended for taking the lead on this issue and for the tremendous effort they put into making sure that some day we have a solution to autism.

Of course, in providing thanks to the Members, I would be remiss if I did not mention the staff. I would like to specifically acknowledge Randy Pate and Ryan Long, with Chairman Barton's office; Caya Lewis with Senator Kennedy's office; Jen Vesey with Senator Santorum; Jim Fenton, Ben Berwick, Tamar Magarik, and Elizabeth Hoffman with Senator Dodd; and Elizabeth Hall with Majority Leader Frist.

Finally, I would like to give thanks to my staff, both past and present--Shana Christrup, Steve Northrup, Aaron Bishop, Brittany Moore, Tec Chapman, and Martina Bebin, all on my health and disability outreach teams, for their diligence and determination as we worked together to craft this important and essential bill. I also would like to thank Katherine McGuire, who as my staff director has provided the leadership and guidance to ensure that this bill made it into law.

This process involved many dedicated staffers and many late nights. Staff were crucial in helping us reach the final compromise.

I also want to thank the various groups and individuals who work on behalf of children and families affected by autism and other developmental disabilities. There are so many people, primarily parents of children who have autism or an autism spectrum disorder, who have worked for years to see this day come to fruition that I cannot thank each one of them individually, but they should know that I greatly appreciate their tireless efforts, determination, unlimited patience, and commitment to seeing this bill was passed on behalf of their children and all people living with autism, autism spectrum disorder, or other developmental disabilities.

This is a comprehensive piece of legislation that will take the next steps toward providing greater research so that we can provide children with autism early intervention to enable them to grow and reach their full potential. I am proud that we are taking this step to pass the Combating Autism Act.

(At the request of Mr. Reid, the following statement was ordered to be printed in the Record.)

Mr. President, today my good colleague Senator McCain and I are reintroducing the Indian Health Care Improvement Act Amendments of 2006. This legislation is a reflection of our dedication to the health care of American Indians and Alaskan Natives. It also is a reflection of the work that has been done by Members and the many stakeholders to move this legislation forward.

I want to thank Chairman McCain and his staff, as well as Senator Dorgan and the rest of the members on the Indian Affairs Committee and their staff for their effort and commitment to the health care and well being of every American Indian and Alaskan Native. Their hard work has not gone unnoticed.

The Indian Health Care Improvement Act is the fundamental statutory framework for the delivery of health care services to American Indians and Alaskan Natives. Since 1992, this law has been expired. This means that for the past 14 years there has been no comprehensive change to the Federal Government's approach to delivering health care to approximately 1.8 million American Indians and Alaskan Natives.

This troubles me. When I talk to members of the Northern Arapaho tribe and Eastern Shoshone tribe from my home State of Wyoming, they tell me that quality health care is a top priority for them. For me, as chairman of the Committee on Health, Education, Labor and Pensions, I believe that our health care systems should grow as science and technologies grow and that our Federal Government programs also should be kept current in line with today's health care quality standards in the private sector.

Last spring, Chairman McCain and I held a joint hearing about this legislation, at which time Mr. Richard Brannan, the chairman of the Northern Arapaho Business Council of Fort Washakie testified about the problems those living on reservations face. He spoke about how they rely on these health care services. He also discussed the progress that has been made in reducing health disparities experienced by American Indians, and how this legislation can support such progress.

Since 1992, there have been many advances made in health care, especially in mental health. In the past 14 years we have come to better understand how to prevent, diagnose, and treat individuals with a behavioral health problem. We have learned that individuals have the best chance of recovery when a comprehensive, integrated approach is taken. This legislation authorizes programs to provide such services. This is especially important as we better understand the interconnectedness of alcohol, substance abuse, child welfare and suicide prevention.

This legislation also recognizes the alarming suicide rates among Indian youth. According to the Centers for Disease Control and Prevention, American Indian and Alaskan Native suicide rates in some areas are five to seven times higher than the overall United States rates. This is not acceptable. This legislation aims to change that by encouraging more Indian people to enter into the psychology profession. Through such provisions youth have access to culturally competent professionals in a familiar environment.

Recruiting and retaining qualified health professionals--Indian health professionals, in particular--to work in Indian communities is difficult. Secretary Michael Leavitt of the Department of Health and Human Services recognizes this challenge. Thanks to his efforts, this bill ensures that tribes can better rely on the services of health care professionals. Currently, a health care professional who receives a scholarship through the Indian Health Service may provide their services equal to the number of terms they received a scholarship. Thus some health care professionals are only required to work in a service area for one term. Most people understand it usually takes an individual anywhere from 3 months to one year to become accustomed to a job. Thus, it is not fair to those tribal communities to have a health care professional leave as soon as they become acclimated. This legislation would ensure that individuals serve a length of time that will allow their services to be depended on. Health care professionals will be more reliably available in areas where such professionals are scarce.

There are many other recommendations that the Department of Health and Human Services has made that I think will strengthen this legislation and improve the quality of care provided through the Indian Health Service. I look forward to working with Secretary Leavitt next Congress.

I believe that by the working together along with other members of the HELP Committee, the Indian Affairs Committee, the tribal community

and any others interested in this legislation, we can maximize the funds available to the Indian Health Service and coordinate resources at the local and State level to provide tribes the tools they need to be self sufficient.

I would also like to thank the Department of Justice for their tireless work on this bill. This is truly a reflection of their commitment to ensuring every Native American and Alaskan Native who is an employee of the Indian Health Service is held to a high standard, and thus every individual who receives services through this program receives quality care.

I hope that this legislation can be a starting point next Congress. I also strongly encourage my colleagues to continue to work to get this invaluable piece of legislation signed into law.

Mr. President, today my good colleague Senator McCain and I are reintroducing the Indian Health Care Improvement Act Amendments of 2006. This legislation is a reflection of our dedication to the health care of American Indians and Alaskan Natives. It also is a reflection of the work that has been done by Members and the many stakeholders to move this legislation forward.

I want to thank Chairman McCain and his staff, as well as Senator Dorgan and the rest of the members on the Indian Affairs Committee and their staff for their effort and commitment to the health care and well being of every American Indian and Alaskan Native. Their hard work has not gone unnoticed.

The Indian Health Care Improvement Act is the fundamental statutory framework for the delivery of health care services to American Indians and Alaskan Natives. Since 1992, this law has been expired. This means that for the past 14 years there has been no comprehensive change to the Federal Government's approach to delivering health care to approximately 1.8 million American Indians and Alaskan Natives.

This troubles me. When I talk to members of the Northern Arapaho tribe and Eastern Shoshone tribe from my home State of Wyoming, they tell me that quality health care is a top priority for them. For me, as chairman of the Committee on Health, Education, Labor and Pensions, I believe that our health care systems should grow as science and technologies grow and that our Federal Government programs also should be kept current in line with today's health care quality standards in the private sector.

Last spring, Chairman McCain and I held a joint hearing about this legislation, at which time Mr. Richard Brannan, the chairman of the Northern Arapaho Business Council of Fort Washakie testified about the problems those living on reservations face. He spoke about how they rely on these health care services. He also discussed the progress that has been made in reducing health disparities experienced by American Indians, and how this legislation can support such progress.

Since 1992, there have been many advances made in health care, especially in mental health. In the past 14 years we have come to better understand how to prevent, diagnose, and treat individuals with a behavioral health problem. We have learned that individuals have the best chance of recovery when a comprehensive, integrated approach is taken. This legislation authorizes programs to provide such services. This is especially important as we better understand the interconnectedness of alcohol, substance abuse, child welfare and suicide prevention.

This legislation also recognizes the alarming suicide rates among Indian youth. According to the Centers for Disease Control and Prevention, American Indian and Alaskan Native suicide rates in some areas are five to seven times higher than the overall United States rates. This is not acceptable. This legislation aims to change that by encouraging more Indian people to enter into the psychology profession. Through such provisions youth have access to culturally competent professionals in a familiar environment.

Recruiting and retaining qualified health professionals--Indian health professionals, in particular--to work in Indian communities is difficult. Secretary Michael Leavitt of the Department of Health and Human Services recognizes this challenge. Thanks to his efforts, this bill ensures that tribes can better rely on the services of health care professionals. Currently, a health care professional who receives a scholarship through the Indian Health Service may provide their services equal to the number of terms they received a scholarship. Thus some health care professionals are only required to work in a service area for one term. Most people understand it usually takes an individual anywhere from 3 months to one year to become accustomed to a job. Thus, it is not fair to those tribal communities to have a health care professional leave as soon as they become acclimated. This legislation would ensure that individuals serve a length of time that will allow their services to be depended on. Health care professionals will be more reliably available in areas where such professionals are scarce.

There are many other recommendations that the Department of Health and Human Services has made that I think will strengthen this legislation and improve the quality of care provided through the Indian Health Service. I look forward to working with Secretary Leavitt next Congress.

I believe that by the working together along with other members of the HELP Committee, the Indian Affairs Committee, the tribal community

and any others interested in this legislation, we can maximize the funds available to the Indian Health Service and coordinate resources at the local and State level to provide tribes the tools they need to be self sufficient.

I would also like to thank the Department of Justice for their tireless work on this bill. This is truly a reflection of their commitment to ensuring every Native American and Alaskan Native who is an employee of the Indian Health Service is held to a high standard, and thus every individual who receives services through this program receives quality care.

I hope that this legislation can be a starting point next Congress. I also strongly encourage my colleagues to continue to work to get this invaluable piece of legislation signed into law.

Mr. President, I rise to discuss the pending nomination of Dr. Andrew von Eschenbach to be the Commissioner of Food and Drugs. The FDA has a very broad and critical mission in protecting our public health. The Commissioner of Food and Drugs is in

charge of an agency that regulates $1 trillion worth of products a year. The FDA ensures the safety and effectiveness of all drugs, biological products such as vaccines, medical devices, and animal drugs and feed. Let me repeat that: the safety and effectiveness of all drugs, biological products such as vaccines, medical devices, animal drugs and feed. It also oversees the safety of a vast variety of food products, as well as medical and consumer products including cosmetics.

As Commissioner of Food and Drugs, Dr. von Eschenbach would be responsible for advancing the public health by helping to speed innovations in its mission areas, and by helping the public get accurate, science-based information on medicines and food. Dr. von Eschenbach has a strong record. He is an accomplished scientist, a proven manager, and a man with a vision. He is also a cancer survivor, and he has brought that perspective, and the compassion that goes with it, to his Government service. He gave up a job he loved, a challenging but rewarding post directing the National Cancer Institute, to offer his service for what I believe is a much more challenging and definitely thankless job of leading the FDA.

The FDA has been without a confirmed Commissioner for all but 18 months of the last 5\1/2\ years. Have you ever seen a business that can run for 5\1/2\ years without a boss except for 18 months? And that was a tenuous 18 months. I believe we can all agree that we need a strong leader at the FDA now, and one who has a mandate to act. He needs full authority to bring back the morale of the Department and get the job done. We must be forward looking. There are many items before the FDA that require the immediate attention of an FDA Commissioner vested with full authority. But that authority flows directly from the act of Senate confirmation. Without a Senate-confirmed leader, we can't expect the FDA to be as effective as we need it to be. I urge my colleagues to consider this.

I know some of my colleagues on and off the committee are not completely satisfied with their interactions with the FDA during Dr. von Eschenbach's tenure. Some would urge that the Food and Drug Administration move quickly on certain matters before it. However, I am not sure that holding up a nomination over single products or single issues is the right way to achieve faster action and to ensure that agency processes are free from the pressure of politics. In fact, I strongly believe the opposite would occur. I think this is a position that has more Catch-22s than any other position in Government.

I do respect the right of my colleagues to disagree with the President's choice for this position or the policies a President's nominee might pursue. If our disagreements with the President's choice are so strong, we ought to vote against the nominee. But, in light of the trillion dollars worth of drugs and products overseen by the FDA and hundreds of drug approvals reviewed every year, I think we would be setting a dangerous precedent if any of us hold up the President's choice for FDA Commissioner over decisions made involving one product or one issue or something extraneous, even, to the Food and Drug Administration. It would be an especially dangerous precedent at this point.

We have a lot on our plate with respect to the FDA during the 110th Congress. We have to reauthorize both the drug and device user fee programs, address two expiring pediatric programs, and improve our drug safety system.

The FDA needs a leader with the backing and mandate that Senate confirmation provides in order to be our partner in these efforts. Dr. von Eschenbach has received significant support from the HELP Committee. This man could serve patients in many different ways, and has offered to serve them by running this critically important agency. I am talking about a doctor with cancer expertise, management expertise, and vision, who has agreed to run this agency at what we pay because he wants to give back to his country.

I urge my colleagues who are not on our committee to give Dr. von Eschenbach a chance to effectively run the FDA with full statutory authority, so I urge my colleagues to accept the President's nominee, Dr. Andrew von Eschenbach, and vote to confirm him as the next Commissioner of Food and Drugs. Voting yes on this cloture vote will be the first step voting on a permanent head to oversee our Nation's food and drug system.

I reserve the remainder of my time.

Madam President, I want to briefly comment.

I understand the frustration. I have been working with him trying to get documents, trying to get the interview

with Mr. West. I want you to put yourself in Dr. Von Eschenbach's position. He has not been confirmed. He does not have the full authority to run that department. So what he has to do is rely on the Department of Justice, as the Senator mentioned. The Department of Justice tells him what he is supposed to do. I don't think he has authority to go beyond what the Department of Justice says.

The Senator is one of the most diligent Members to hold oversight hearings of anybody that I know. I appreciate the depth that you go to for individuals as well as groups. I know it is what you are doing on this one. Unless we give him full authority, he has to rely on the Justice Department. The way one has to take on the Department of Justice is through the Judiciary Committee and bring them to task for giving him that kind of advice. I think he is just following the advice he has gotten from those he has to rely on until he has authority. I think it will be different when he has full authority.

I yield 2 minutes to the Senator from Alaska.

Madam President, I yield 10 minutes to the Senator from Texas.

Mr. President, I wish to acknowledge the intense, enthusiastic, and persistent work of the Senator from Louisiana, Mr. Vitter, for drug importation. I do not know that I have seen anybody lead as much on an issue or work as hard on an issue. Around here, that is a talent which is very much appreciated.

I do want to mention that, again, Dr. Von Eschenbach has not been confirmed, so he does not have full authority to run the Department or to do what he would like to do or might need to do. He has to rely on the advice of other people, particularly until he is confirmed. After that, even then, he will have to abide by the laws.

I would point out that drug importation is illegal right now, and it is Congress, not the FDA, that has determined that. So until we change the law, until we do some or all of the things the Senator from Louisiana is suggesting, Dr. Von Eschenbach would really be stepping out of bounds to do drug importation. So I hope we do not hold that against him or hold up his nomination for that reason. We should hold him accountable for what is within his control, but urge him to work with Congress.

I have had dozens of meetings with him on a variety of issues, as Senators have brought them up. Most of them have been resolved. Those within the law, those the Department of Justice has not contested, have been resolved.

Yes.

I appreciate that comment. If you were a person who was in a catch-22 position, a very qualified doctor, and you really wanted to do a good job with FDA and you knew that half the people or a third of the people or even 10 percent of the people did not want drug importation and you were the guy in charge of maybe making this determination for the first time--even though 6 or 8 years previously Congress had opposite opinions on it--I do not think you would want to put yourself in that position.

He has just had a number of catch-22 positions where he can irritate half or more of us by making a decision, and nobody is going to make a decision in their confirmation process that way.

It is actually the Health and Human Services Secretary who has to certify under the new law as well.

So I hope we can get him confirmed and then do the kind of oversight we need to do to make sure he does everything that is possible to make sure we have safe food and drugs.

Mr. President, I yield up to 10 minutes to the Senator from Utah.

Mr. President, I thank the Senator from Utah for his delightful comments. He speaks so clearly and explains things so well. I know of his contacts with Dr. Von Eschenbach. I hope people will follow his advice and vote for cloture.

Dr. Von Eschenbach's qualifications are excellent. He is supported by many organizations. We had received a number of letters in support of his nomination prior to his confirmation hearing. Those were duly entered in the hearing record. However, since then we have received additional letters of support.

I ask unanimous consent that those letters be printed in the Record.

Those letters are from Omeris, Ohio's bioscience membership and development organization; the New York State Cancer Association; the ALS Association; the Cancer Cure Coalition, and there are others. These groups recognize the absolute necessity of having a Senate- confirmed Commissioner of Food and Drugs. I understand some of my colleagues are not satisfied. They seek to use this nomination as leverage to accomplish some other agendas. That is something you can do in the Senate. However, I urge them to consider the consequences of those actions. In the upcoming year we face an exceptionally full agenda with respect to the FDA. We need this man in place. This man could work anywhere in America, probably anywhere in the world, and do much better than what we are offering.

I appreciate his sense of wanting to give back. He is a three-time cancer survivor and understands a lot about food and drugs outside of being a doctor.

I ask my colleagues to join me in getting cloture so that we can get the confirmation accomplished.

I yield back the remainder of our time.

It is my understanding that the previous speakers did yield their time back. So all time is yielded back.

Mr. President, I thank the Chamber for allowing us to do the cloture vote. With the strong support shown by the cloture vote, I would highly recommend that we get this man confirmed so he can actually have the opportunity to do the kinds of things that have been expected of him in the debate we have had. I also thank Senator Kennedy for his tremendous help. We have had a number of meetings, a number of hearings. This is the second confirmation of an FDA Director we have worked on. It will be nice to have somebody actually in the position, but I do thank Senator Kennedy and all of his staff.

I do want to mention the staff person who has directed my health issues. Stephen Northrup is on the floor, and I thank him particularly for all of the work on all of the health issues we have had. Anybody who has looked at the list of those we have done will find it has been a very productive session in the health area, and we are still working on another half dozen issues that could pass yet in this session before the week ends. So I thank Stephen for all of his tremendous help. I ask that people support the nomination of Dr. Von Eschenbach.

Mr. President, I yield the floor.

Mr. President, I thank the Senator from Massachusetts, Mr. Kennedy, for his tremendous effort over the last 2 years as we have worked on health issues but particularly as we have worked on the FDA. The Food and Drug Administration is critical to the people of this country, and Senator Kennedy and I have been asking to have a fully confirmed person heading that up every opportunity we have had. We have been reminding people they did not want to be the one objecting if there happened to be a national safety crisis in food or health. It is just so critical.

People say he is ``acting.'' When you are the acting person in a position, you really do not have the authority. It means people are looking over your shoulder, seeing what you are doing, making sure you are dotting every ``I'' and crossing every ``t'' and following every rule and listening to every agency that has any control over you. Someone who is fully confirmed can be the boss.

A lot of people would say: Why would this highly qualified doctor take this job?

I am sure now that he has been through the confirmation process, he is probably thinking: Why I would take that job? I am hoping he is not. In fact, earlier today I called him to let him know that the delay in getting a final vote on his confirmation had nothing to do with him, that we had some other logistical process things we were going through, that there would be a final vote today, and that I suspected, in light of the cloture vote, there would not be any problem. I am pleased that it still looks that way. I am anxious to call him and let him know he is fully confirmed as a commissioner and he can start to work on some of the morale problems that he talked about, can start to work on some of the other vision things he has in mind, and people will know he has the full authority to do that.

I do want to remind people that the FDA's mission is broad. It regulates food, it regulates drugs, it regulates biologics--and I wish I had time to explain all of what that is--medical devices. You probably didn't know that he handles animal feed, and that is because animals are ingested and could cause a problem, too. He is also in charge of cosmetics. For every dollar Americans spend, this agency regulates 25 cents of that dollar in products.

As science progresses, the challenges to regulation will grow. The FDA regulates a host of new products that blur the FDA's traditional boundaries, and that is one of the reasons the Senator from Massachusetts and I have been working on a FDA reform bill for a year and a half. We have now held hearings on that.

It is a very bipartisan bill. We have had some outstanding comments. There is a possibility to make the agency better, and we are going to continue to work on that so that all the new innovations that require a nimble and responsive agency to regulate them, and resources to match, will be in place so that he can do the kind of job he needs to do.

This is such a critical role in our Nation's public health, it is such an important agency, I do ask for people to give him a resounding vote in this confirmation.

Again, I thank Senator Kennedy, who is the ranking member on the committee and soon to be the chairman of the Health, Education, Labor, and Pensions Committee, for his hard work and support during the process. I think it is time to bring this process to a close so we can get him confirmed as quickly as possible and have a true, fully confirmed Commissioner of Food and Drug.

I thank Dr. von Eschenbach for his patience with our process and for the work he has done in spite of the process. I look forward to getting to see the kind of job he will do as a fully confirmed physician. I ask for your vote in support of him.

I yield the floor.

Mr. President, I ask for the yeas and nays.

I ask unanimous consent that the President be immediately notified of the Senate's action and that the Senate return to legislative session.

Mr. President, I ask unanimous consent that the Senate proceed to a period of morning business with Senators permitted to speak for up to 10 minutes each.

Mr. President, today the Senate affirmed its commitment to ensuring access to quality care for all Americans living with HIV and AIDS no matter their race, gender, or where they live. Today we finally have unanimous consent to pass H.R. 6143, the Ryan White HIV/AIDS Treatment Modernization Act.

Senator Kennedy and I and our counterparts in the House have worked for nearly 2 years to address the concerns from every State and the hundreds of stakeholders who participated in our outreach efforts. We have reached broad consensus that this is the right policy at the right time.

In the past few weeks, we have received letters of support from more than 100 leading AIDS service organizations calling for us to pass this legislation now.

The Ryan White law must reflect the principle that every American living with HIV/AIDS deserves access to quality care, and this reauthorization is a step toward our goal of just and equitable treatment under this law. Our action today will ensure a more equitable program to provide not only AIDS patients but also HIV-positive Americans with the treatment they desperately need.

The HIV/AIDS epidemic of today affects more women, more minorities, and more people in rural areas and the South than ever before. While we have made significant progress in understanding and treating this disease, there is still much more we must do to ensure equitable treatment for all Americans living with this disease.

The epidemic is shifting, and our Federal programs must shift to meet this need and fight the epidemic where it is today and will be tomorrow, not where it was 10 or 20 years ago. The legislation passed unanimously by the Senate today does just that.

An alarming 1.1 million Americans are living with HIV/AIDS today and the face of the epidemic is rapidly changing. The Kaiser Family Foundation has reported that while the number of AIDS cases in the Nation rose by 1 percent between 2000 and 2001, it rose by 9 percent in the South and fell by 8 percent in the Northeast.

Newly infected people are increasingly likely to be poor, have inadequate access to health care, and be members of a minority community.

For example, African Americans make up 19 percent of the South's population but accounted for over 60 percent of new cases in 2003. In addition, the growing number of rural Americans infected with HIV face already overburdened rural health care systems that have too few doctors, underdeveloped support systems, and long travel distances to care.

Rural States and States in the South have a newer epidemic, with more HIV than AIDS cases, while urban areas with a longer history of the disease have a much higher percentage of AIDS cases. Because of old formulas that counted only AIDS cases, more than 100,000 Americans with HIV went uncounted, resulting in drastic funding disparities across the Nation. This has crippled the ability of health systems in rural and frontier States, like Wyoming, to confront this growing crisis.

Today, with the unanimous passage of the compromise bill, the Senate has begun to correct these inequities and ensure that those traditionally overlooked by this program will receive the care and treatment they desperately need. The Ryan White program can now begin to address the epidemic of today, not yesterday, and treat the full spectrum of this disease.

This legislation strengthens and modernizes the Ryan White program to ensure that all Americans with HIV and AIDS are counted, that appropriate funding is provided to those on the ground fighting this epidemic, and that State and city care systems are protected so they can continue providing quality care to their residents with HIV and

Mr. President, I would like to recognize airman SMSgt Michael L. Lemke, stationed at Francis E. Warren Air Force Base in Cheyenne, WY. Senior Master Sergeant Lemke was selected as one of the Air Force's 12 Outstanding Airmen for 2006. The award is based on his superior leadership, job performance, and personal achievements.

The Air Force honors the 12 Outstanding Airmen of the Year at the annual Air Force Association's Air and Space Conference and Technology Exposition in September. Over 352,000 Active-Duty airmen were considered for this award. I am pleased they recognized Senior Master Sergeant Lemke with this well deserved honor. I had the pleasure of meeting with Senior Master Sergeant Lemke while he was in Washington to receive his award.

Senior Master Sergeant Lemke has been in the Air Force for 19 years and is the superintendent of the 90th Contracting Squadron at F.E. Warren AFB. He was also selected as the top graduate at the Senior Non- Commissioned Officer Academy out of 2,515 Senior NCOs who graduated in 2005. He recently returned from deployment in Iraq and I thank him for his sacrifice and service. Senior Master Sergeant Lemke is preparing to retire from the Air Force.

I have always said that anyone wanting to live in Wyoming will do so if they can create a job. As chairman of the Senate Committee on Health, Education, Labor and Pensions and also a member of the Small Business Committee, I am pleased that Senior Master Sergeant Lemke will be entering the private sector as a small business owner in Cheyenne. He and his wife Maria, who is an accountant, will be partners in Front Range Nuclear Medicine. One of the biggest problems in rural America is access to health care facilities. Front Range Nuclear Medicine helps improve access to health care for people in Wyoming by transporting medical scanning technology

to the hospitals. Before I came to the Senate in 1997, I operated a small business with my wife, and I wish the Lemkes the best of luck in this new endeavor.

Again, I congratulate SMSgt. Lemke for his selection as one of the Air Forces' 12 Outstanding Airmen for 2006.