Michael Burgess

Mr. BURGESS

Mr. BURGESS. Mr. Chairman, I have an amendment at the desk, and I rise to speak in support of the amendment.

Mr. BURGESS. Mr. Chairman, today, I offer an amendment to prevent a person from operating an unmanned aircraft or an unmanned aircraft system in the national airspace if that aircraft is equipped or armed with a dangerous weapon, unless that equipment is authorized by the Administrator of the Federal Aviation Administration. I have introduced this important language as the No Armed Drones Act since the 112th Congress. In 2015, an 18-year-old in Connecticut built a multirotor drone mounted with a .45-caliber semiautomatic handgun capable of firing live ammunition while flying. This individual demonstrated how easy it was for a private citizen to create and operate an armed drone in his YouTube video entitled ``Flying Gun.'' Police did not arrest this person, saying that no violation of law had occurred. According to the then-chief of police in Clinton, Connecticut, where the drone video was made, this appeared to be a case of technology surpassing current legislation. In response to this and other drone incidents, government agencies are developing counter-drone technology to redirect rogue drones. Police say their greatest fear, with the increase in the use of recreational drones, is their weaponization. In addition, North Dakota has allowed law enforcement to fly drones armed with ``less than lethal'' weapons since 2015, something many in law enforcement say they are not comfortable doing. The use of drones for regular business operations is increasing, and that is a good thing. Farmers use drones to inspect their crops, security companies use drones to conduct surveillance over guarded properties, home repair companies use drones to assess damage on structures, and drones are even beginning to be used for home delivery services. While these abilities may prove convenient to our daily lives, we must not let the civilian applications of drone technology advance to weaponization. Outside of the United States, terrorist groups in the Middle East have used small drones as weapons. There is real concern that homegrown extremists in the United States could do the same thing. It is imperative that we take steps to protect the public before death by armed drone becomes a headline. There is no statute in the United States Code that affirmatively states that an unmanned aircraft system may not be used in the national airspace as a weapon. This amendment today protects the public from drones that have been weaponized, both lethal and nonlethal, by private citizens by preventing a person from flying an armed drone in the national airspace without FAA authorization. A person who violates this requirement may be fined a civil penalty of up to $25,000 per violation under the statute. I offer this language as an amendment to the FAA Reauthorization Act of 2018 in order to align current legislation with available technology. It is time we take a preemptive, rather than a reactive, step to protect all Americans. Mr. Chairman, I reserve the balance of my time.

Mr. BURGESS. Mr. Chairman, I urge adoption of the amendment, and I yield back the balance of my time.

Mr. BURGESS

Mr. BURGESS. Mr. Speaker, I rise today to honor the life and legacy of Mark Chew, a pastor and public servant, who passed away on April 6, 2018. Rev. Dr. Mark Chew, Jr. committed much of his life to serving Denton in a variety of roles. Though he was born in Mississippi, Reverend Chew grew deep North Texas roots. He attended Fred Moore High School in Denton and graduated from Booker T. Washington High School in Dallas before receiving an associate's degree from North Central Texas College, a bachelor's degree from Southern Bible Institute, and a Doctorate of Divinity from the International Bible School in Houston. In 1967, Reverend Chew began his pastorate at Pleasant Grove Baptist Church. Throughout his half-century of pastoral ministry there, he oversaw the development of Outreach Ministry and Rays of Hope. Reverend Chew celebrated his 50-year pastoral anniversary in December 2017, a rare achievement. Spurred by his love for the community, Reverend Chew served the people of Denton far beyond his local church. In 1981, he became the first African American elected to the Denton City Council, serving three full terms in the 1980s and two additional consecutive terms in the 1990s. In addition to serving as President of the Denton County NAACP for 8 years, Reverend Chew was an active member of the Lions Club, the Denton Public Utility Board of Directors, and the Camp Copass Board of Directors. He also was Chaplain at both Peoples Funeral Home and Texas Health Presbyterian Hospital Denton. Reverend Chew has left a rich legacy of service to faith, family, and community. I extend my condolences to his wife of 38 years, Dr. Rose Marie Chew, their family, the members of Pleasant Grove Baptist Church, and all who knew him.

Mr. BURGESS

Mr. BURGESS. Mr. Speaker, the opioid epidemic has swept across the country impacting millions of Americans who lost loved ones to this preventable crisis. No community is immune. Just as the President of the United States has said, this is, in fact, the crisis next door. This is even more true in neighborhoods in north Texas where we are all too familiar with this fatal epidemic. Overdose deaths from opioids have increased more than five times in the last 30 years, and it is estimated that more than 115 Americans die each and every day from opiate-related overdoses. There is no question that we must act to stop this crisis. To that end, I am very grateful to the members of my committee, the Committee on Energy and Commerce. I am grateful to the chairman of the committee for participating in this hour. Mr. Speaker, I yield to the gentleman from Oregon (Mr. Walden), who is the chairman of the Energy and Commerce Committee.

Mr. BURGESS. Mr. Speaker, I thank the chairman of the full committee for his participation in this hour tonight. The chairman is correct; our committee has a history of working in a bipartisan fashion. This, obviously, is an illness that can strike regardless of political party or political persuasion; and in the interest of that theme, I am happy to yield to the gentleman from Texas (Mr. Gene Green), my counterpart, the ranking member on the Democratic side of the dais in the Energy and Commerce Committee and the Health Subcommittee.

Mr. BURGESS. Mr. Speaker, I thank the gentleman for his participation this evening. Again, the problem is not likely to be solved by one political party or the other. It is going to require a collaborative approach. Opioid abuse can happen by access to dangerous drugs in a family member's medicine cabinet or by obtaining them illegally. The fight against this crisis is indeed a team effort, and we must evaluate it from all angles. We must consider how opiate medications are produced and distributed, and we must look at how agencies track and respond to distribution discrepancies. We are required to take a hard look at how the medications are prescribed and dispensed, while addressing the disposal of unused medication. We need to look at the treatment for those who suffer from addictions and the future of pain medications. It is also imperative that we address the access and enforcement of illicit drugs. We must work to stop the unfettered distribution of harmful drugs that flow into this country from outside our borders. Earlier this year, I joined the Commissioner of the Food and Drug Administration, Dr. Scott Gottlieb, in visiting the international mail facility at John F. Kennedy Airport in New York. This facility is one of nine in our country and acts as a barrier for these illicit and dangerous drugs being sent to America through the international mail. The Food and Drug Administration and the United States Customs and Border Patrol, together, work to identify and destroy dangerous substances hidden in pieces of mail, but more authority is needed to provide these agencies with tools to swiftly act and act more efficiently. There are millions of suspicious packages full of illicit drugs and other contraband crossing our borders. Sometimes the FDA is powerless in its ability to destroy these harmful and illicit substances, sometimes they are required to send them back to the sender, and sometimes they will see a package recycled and brought back into this country for yet another try. That, Mr. Speaker, must end. Now, as chairman of the Subcommittee on Health, I have already held three hearings and considered a total of 67 related opiate bills. Last October, we opened the doors of the subcommittee to any Member, not just of the subcommittee, not just of the full committee, but any Member of Congress who wanted to come and talk to us about problems they have seen in their district related to opiates, solutions that they may be considering or people in their communities might have asked them to consider. We heard from well over 50 Members of Congress that day, and as a consequence of that Member involvement, we have distilled these 67 pieces of legislation. We have had three legislative hearings. We have heard from key members of the administration. We have heard from stakeholders who are at the forefront of our efforts to stem this epidemic. We have evaluated this crisis from all fronts, from public health and prevention and intervention, law enforcement, education and recovery, and then finally, lastly, looking at the Medicaid and Medicare programs and the role that they may play. It is evident that this is a multifaceted problem and will require an all-hands-on-deck approach. As a physician, I also understand and respect the importance of successfully treating and managing patients with chronic pain. One of the reasons that most of us went into the practice of medicine was to be of service. One of the highest callings is to ask to be worthy to serve the suffering. Opiates are an essential tool. We must respect the fatal and addictive properties that opiates possess, while also understanding the vital role that these medications play in the lives of individuals who are suffering from serious or chronic illness, such as cancer. As we evaluate this complex issue, we must strike the right balance between necessary enforcement and patient safety. Unfortunately, there is no easy answer and there is no single party to blame. We also know that Congress cannot fight this battle alone. We must all work to strengthen our commitment to overcome this scourge. With an average of more than 100 Americans dying every day from opiate overdoses, we must be willing to ask hard questions and consider solutions. At this time, I am pleased to yield to the gentleman from Mississippi (Mr. Harper), who is a member of the Health Subcommittee and also the chairman of the Energy Subcommittee on Oversight and Investigations and has led a number of our efforts in trying to control the opiate crisis. Mr. Harper, thank you for joining us tonight.

Mr. BURGESS. Mr. Speaker, I thank the gentleman from Mississippi for participating in our Special Order tonight. I thank him for his leadership in the Subcommittee on Oversight and Investigations and the work that he has done to help control this crisis. I now yield to the gentleman from Kentucky (Mr. Guthrie), vice chairman of the Health Subcommittee, for his observations.

Mr. BURGESS. Mr. Speaker, I thank the gentleman from Kentucky for his participation this evening. Mr. Speaker, I yield to the gentleman from West Virginia (Mr. McKinley), the vice chairman of the Environment Subcommittee.

Mr. BURGESS. Mr. Speaker, I thank the gentleman from West Virginia for his comments. Mr. Speaker, now I am pleased to yield to the gentleman from Michigan (Mr. Walberg).

Mr. BURGESS. Mr. Speaker, I thank the gentleman for his participation this evening. He brings some valuable insights, and I am always grateful to hear his perspective from the State of Michigan. I now go way out West to California. Mr. Speaker, I yield to the gentlewoman from California (Mrs. Mimi Walters) for her thoughts on the crisis.

Mr. BURGESS. Mr. Speaker, I thank the gentlewoman for her participation in this evening's Special Order hour. Mr. Speaker, it is now my great privilege to yield to the gentleman from Virginia (Mr. Griffith), the vice chairman of the Subcommittee on Oversight and Investigations in the Energy and Commerce Committee, certainly one of the most thoughtful Members of this body.

Mr. BURGESS. Mr. Speaker, I thank the gentleman for his participation. As the gentleman was talking about, the fact that in his State and the surrounding States it is possible that, if there is not collaboration between State prescription monitoring programs, a doctor or a pharmacist would never know what other prescriptions might have been written for a patient. Our committee actually has a history of working on this. Charlie Norwood, a Member of Congress from Georgia, 15 years ago came up with the National All Schedules Prescription Electronic Reporting Act, or NASPER. We have authorized NASPER several times. I am happy to say that, this year, in the omnibus bill, there actually was funding, for the first time, provided for the NASPER program. It is just a beginning. Clearly, the need for this national reporting program is so critical. In a State like Texas, we are huge, where we don't even think about other States in Texas. But the crossing of State lines with this information can be extremely powerful and, in fact, it can be lifesaving. Mr. Speaker, I thank the gentleman for bringing that up, and I thank him for the work that he is doing on the Oversight and Investigations Subcommittee, and I thank him for the work he is doing on the prevention of pill dumping. Mr. Speaker, the fact that the opioid crisis is devastating our country and undermining our social structures and eroding our economic productivity is, every day, more and more tragic. But the good news, Mr. Speaker, is the current trends can be reversed. We are building on years of previous bipartisan efforts. We all know that our action is important to the families, to the communities, to our constituents, and to the patients impacted by the opioid epidemic. Mr. Speaker, I yield back the balance of my time.

Mr. BURGESS

Mr. BURGESS. Mr. Speaker, today I rise to recognize the 100th anniversary of the American Association of Oral and Maxillofacial Surgeons. Founded in 1918 by just 29 dentists as the American Society of Exodontists, the organization has now grown to include more than 9,000 members today. Oral and maxillofacial surgery is the surgical arm of dentistry. According to the American Dental Association, this specialty includes the diagnosis, surgical, and adjunctive treatment of diseases, injuries, and defects involving both the functional and esthetic aspects of the hard and soft tissues of the oral and maxillofacial region. These surgeons are a vital component of the medical profession. They practice in a variety of settings, including private clinical practice, ambulatory surgical centers, and hospitals. They also provide service in academia, the military, and the research industry. Many of these surgeons reside and provide critical patient care in my home state of Texas. This year, the American Association of Oral and Maxillofacial Surgeons will host its 100th Annual Meet and Scientific Sessions and Exhibition. As the members gather in Chicago to consider ``Safety and Innovation for the Next Century,'' we also should reflect on the last 100 years of progress, led by this organization. Today, I recognize the members of the American Association for Oral and Maxillofacial Surgeons for their work, and offer my support for their mission to assure excellence in patient care by advancing, promoting, and preserving the specialty of oral and maxillofacial surgery.

Mr. BURGESS

Mr. BURGESS. Mr. Speaker, I rise today to recognize the 100th anniversary of the American Association of Oral and Maxillofacial Surgeons. Founded in 1918 by 29 dentists, the organization has grown to include more than 9,000 members today. Oral and maxillofacial surgery is the surgical arm of dentistry. These doctors are a critical component of the medical profession. They practice in a variety of settings, including private clinical practice, ambulatory surgery centers, and hospitals. They also provide service in academia, the military, and the research industry. Many of these surgeons reside and provide critical patient care in my home State of Texas. Mr. Speaker, today, I recognize the members of the American Association of Oral and Maxillofacial Surgeons for their work, and I offer my support for their mission to ensure excellence in patient care by advancing, promoting, and preserving the specialty of oral and maxillofacial surgery.

Mr. BURGESS

Mr. BURGESS. Mr. Speaker, today I rise to honor the life of Mayor Hector F. Garcia. Mayor Garcia served the City of Watauga for more than 29 years. He passed away this year at the age of 78 after a lifetime of service to his community and our nation. Mayor Garcia and his wife Wendy first moved to Watauga in 1968 to raise their family. In 1979, Mayor Garcia began his service as co-chair of Watauga's first charter commission. He was elected to the city council in 1980 and served until 1986. In 1994, he chaired the Zoning Board of Adjustment. Two years later, he was elected mayor of Watauga and served until 2002. After a brief hiatus, Mr. Garcia was elected for a second time as mayor in 2013 and served until his death. In 1958, Mayor Garcia joined the U.S. Air Force and served our country for more than ten years. Following his service, he worked for General Dynamics, now Lockheed Martin, for more than 35 years. Initially hired as an aircraft assembler, he rose within the company, retiring from the the engineering and planning department. A lifelong North Texan, Mayor Garcia selflessly served not only the City of Watauga, but our entire community. He will be deeply missed. I extend my deepest condolences to his wife Wendy, their family, and all who knew him.

Mr. BURGESS

Mr. BURGESS. Mr. Speaker, today I rise to honor the life of Edward V. Smith, III, a dedicated North Texan who devoted his life to serving our community. In addition to many professional and charitable interests, Mr. Smith was a passionate alumnus of the University of North Texas, the former North Texas State College. A fifth generation Texan, Mr. Smith maintained deep roots in the Dallas area. After graduating from North Dallas High School in 1955, he enrolled in then-North Texas State College. During Mr. Smith's time in college, he served as president of his class, attorney general of the student body, vice president of the student body, president of the Kappa Sigma Fraternity, and president of Blue Key. Even following graduation, he never stopped giving back to his beloved alma mater. Mr. Smith generously volunteered his time and attention to serve as president of the University of North Texas Alumni Association, Chair of the UNT Foundation, Chair of the Professional Development Institute, and as a member of numerous committees. He served as membership chair for the State of Texas and as a Regent of the College. In recognition of this service, he was named a Distinguished Alumnus in 1992. In addition to his charitable work for the University of North Texas, Mr. Smith exceled professionally as a Dallas attorney. After graduating from law school at Southern Methodist University, he began a long legal career. Mr. Smith served on many committees in the Dallas and Texas Bars, and he was awarded the lifetime achievement award from the probate sections of both the Dallas Bar and the State Bar of Texas. He also received the Professionalism Award from the Dallas Bar and the Texas Center for Legal Ethics. Mr. Smith selflessly served his community as a member of the board of the United Way, Advisory Board member of both the Dallas Foundation and the Communities Foundation of Texas, and as Chairman of the Board of the Grace Foundation. A lifelong Presbyterian, he also served his church as a deacon, an elder and, for many years, as Clerk of the Session. Mr. Smith has left a rich legacy of generosity, loyalty, and excellence. I extend condolences to his wife Nikki, their family, the University of North Texas community, and all who knew him.

Mr. BURGESS

Mr. BURGESS. Mr. Speaker, I rise today alongside my friend, Congressman Rick Crawford, to pay tribute to Johnie Mae Sittonen, a World War II veteran and Des Arc, Arkansas native who passed away in January of this year. Throughout her life, Johnie Mae Sittonen served her country, her Arkansas community, and her family selflessly. Johnie Mae Sittonen was born in Biscoe, Arkansas in 1924. In 1942, she graduated from Des Arc High School as an exemplary student and enrolled at Arkansas State University. As a young woman, Johnie Mae was one of the great Americans who volunteered to serve our nation. She joined the U.S. Navy in 1944, at the height of World War II. During her service, she met and married Paul Sittonen. After several years in Massachusetts, she and her husband Paul returned to Des Arc in 1959 to raise their five children and run a family farm. Johnie Mae Sittonen spent many years serving her Arkansas community. For more than 20 years, she worked in the Des Arc Schools as the cafeteria supervisor before retiring in 1986. A committed member of the First United Methodist Church in Des Arc, she taught Sunday School, sang in the choir, and served as an active member of United Methodist Women. She was a lifelong Democrat, and served as both the Chair of the Prairie County Democratic Women's Group and as an active member of the Retired Teachers Association. Johnie Mae Sittonen's hard work for those in her community did not go unnoticed. She was honored as the Outstanding Community Citizen in 1972 and the Des Arc High School Citizen of the Year in 1983, and later received Baptist Health's Amazing Sprit Award in 2006. A member of the ``Greatest Generation,'' Johnie Mae Sittonen is an example of American excellence, servant-hearted kindness, and commitment to service. She will be deeply missed, not only by her family and loved ones, but also by the northeast Arkansas community she served throughout her life.

Mr. BURGESS

Mr. BURGESS. Mr. Speaker, I claim the time in opposition to the motion to recommit.

Mr. BURGESS. Mr. Speaker, pursuant to House Resolution 787, I call up the bill (H.R. 5247) to authorize the use of eligible investigational drugs by eligible patients who have been diagnosed with a stage of a disease or condition in which there is reasonable likelihood that death will occur within a matter of months, or with another eligible illness, and for other purposes, and ask for its immediate consideration in the House.

Mr. BURGESS. Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days in which to revise and extend their remarks and to insert extraneous material on H.R. 5247.

Mr. BURGESS. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, earlier this year, Members of Congress heard the President during his State of the Union Address make a specific promise to the American people that the passage of right-to-try legislation would occur. This afternoon, I am proud to stand with the President and the thousands of Americans with terminal illnesses, their families, and their friends, in passing this important bill in the House. Since 2014, nearly three out of four States, including my home State of Texas, have passed a version of right-to-try laws. I am pleased that the House is again considering H.R. 5247, the Trickett Wendler, Frank Mongiello, Jordan McLinn, and Matthew Bellina Right to Try Act of 2018, so that terminally ill patients have a chance, or maybe a second chance, at life. These patients are our constituents. They could be someone we know. Let us take this opportunity to improve access to experimental treatments for them. Over the course of the past decade, our Nation has achieved an unprecedented number of innovations and scientific breakthroughs. Through the contributions of researchers in academia and the private sector, Americans have more innovative treatments at their fingertips. Despite these achievements, I still hear from patients with serious, life-threatening conditions, including my own constituents in north Texas, who are frustrated with what they see as regulatory barriers from trying new therapies when everything else has failed. Mr. Speaker, as a physician, I understand that access to investigational drugs and therapies is a deeply personal priority for those seeking treatment for their loved ones with serious, life- threatening conditions. To my friends on the other side of the aisle, I have a simple question: Why do you not want to allow these patients to exercise their right to fight for their future? It is worth mentioning that the bill before us today is a revised, more narrowly crafted version of the one that passed the Senate last August. Since that time, the Energy and Commerce Subcommittee on Health held a hearing in early October to consider the Senate bill, where Members heard from the Commissioner of the Food and Drug Administration, Dr. Scott Gottlieb, about the agency's concerns. We also heard testimony from patients and groups that support and oppose right to try. From then to just recently, our committee engaged in multistakeholder efforts to improve the original right-to-try bill, as passed by the Senate. It entailed numerous conversations with patients, advocates, the Administration, authors of the bill, and stakeholders on all sides of this complex topic. The Food and Drug Administration was never left out of the discussion. In fact, the agency provided valuable input throughout the process and up until the introduction of H.R. 5247. The aim was to open the door to innovative, experimental drugs for terminally ill patients without necessarily compromising the vital work and the mission of the Food and Drug Administration. The current compassionate use program at the Food and Drug Administration does make a good faith effort to help patients who do not qualify for clinical trials. But right to try would actually offer patients an alternative pathway to access eligible investigational drugs, so long as they are certified by a physician who is in good standing and abides by the rules laid out in the bill. Again, we have worked closely with the Food and Drug Administration to ensure that this new, alternative pathway does not hinder or conflict with the critically important oversight that the agency conducts. Additionally, this bill protects patients from manufacturers mislabeling or misbranding drugs, requires sponsors and manufacturers to report adverse events to the Food and Drug Administration, and provides certain liability protections for parties participating in the new pathway. Mr. Speaker, this alternative pathway would also be limited to individuals who are suffering from a disease or a condition where there is a reasonable likelihood of death within a matter of months or significant, reversible morbidity, and who have exhausted all FDA- approved treatment options. Lastly, it is essential that we do not create additional hurdles in this process so that manufacturers in the drug approval process have the certainty that they need. The revised right-to-try bill clearly states that the Secretary of the Department of Health and Human Services ``may not use a clinical outcome associated with the use of an eligible investigational drug . . . to delay or adversely affect the review or approval of such drug. . . . `' After months of work and thoughtful discussions, this legislation is a positive step forward in our shared goal of improving care for America's patients. It strikes the proper balance between ensuring patient safety and granting access to new treatments. The President outlined in his State of the Union Address that this was an important priority for the administration. In the words of our Vice President and former colleague, Mike Pence: ``It's about restoring hope and giving patients with life-threatening diseases a fighting chance.'' Mr. Speaker, for these reasons, I urge my colleagues in the House to vote in support of H.R. 5247, and I reserve the balance of my time.

Mr. BURGESS. Mr. Speaker, I yield 3 minutes to the gentleman from Pennsylvania (Mr. Fitzpatrick), one of the authors of the bill.

Mr. BURGESS. Mr. Speaker, at this time, I am pleased to yield such time as he may consume to the gentleman from Oregon (Mr. Walden), the chairman of the full committee.

Mr. BURGESS

Mr. BURGESS. Mr. Speaker, I rise today to recognize the exemplary work of William ``Tom'' Tackett as he retires as Chief of Police for the Town of Argyle, TX on March 22, 2018. He has over 25 years of service at the Argyle Police Department and previously served his country in the U.S. Army as a Military Police Officer. After his military service, Chief Tackett graduated from the Tarrant County College Police Academy and joined the Argyle Police Department in April 1992 as a part-time reserve police officer. He transitioned to a full-time police officer in March 1995 and rose through the ranks to become Chief of Police in April 2000. Not only is Chief Tackett the most tenured Chief to lead the Argyle Police Department, he is the longest tenured employee to serve the Town in its 55 year history. He is a licensed Master Peace Officer and holds Texas Commission on Law enforcement certifications for Instructor, Forensic Hypnosis and Special Investigator. Chief Tackett also serves as the Town's Emergency Management Coordinator and is an amateur radio operator and active in the Denton County Amateur Radio Club. In addition to his professional work, he is a Master Mason, serving as past Master of Roanoke Lodge 668, and he is a life member of the Moslah Shrine Circus and Legion Corps. For more than two and a half decades, Chief Tackett has faithfully served and protected the citizens and businesses of Argyle, while holding himself and his staff to high ethical and professional standards as he has capably led the Police Department. I am deeply grateful for his service to the City of Argyle and North Texas and extend best wishes to Chief Tackett and his family upon his retirement.