John Dingell

Mr. DINGELL

Mr. DINGELL. Mr. Speaker, I insert these remarks into the Record in response to some unfortunate remarks made on the House floor regarding a provision in the Children's Health Insurance Program Reauthorization Act, H.R. 976. A statement was made suggesting that a certain provision had been inserted in the bill to solely benefit my home State of Michigan, a statement that could not be further from the truth. The provision for which this accusation was made in reality would ensure that all States would not be penalized due to factors in Medicaid funding that are beyond their control. The Medicaid Federal Medical Assistance Percentage, FMAP, is the formula used to calculate the amount of Federal funding distributed to States to offset Medicaid expenses. The Federal Government's share of a State's Medicaid funding is based on the State's per capita income. Put simply, States with lower per capita incomes receive more Federal Medicaid funding; States with higher per capita incomes receive lower Federal Medicaid funding. Due to recent changes to accounting rules, the current FMAP formula needs to be updated. Accounting rules that require employers to pre- fund employee pension and insurance funds may cause a State's per capita income to be calculated far higher than it really is. To comply with the rules, employers may occasionally have to make large transfers to a pension or insurance fund. This money is counted in the calculation of a State's per capita income in the year of the transfer, even though it may not be paid out for years. When this occurs, a State then appears wealthier than it is, causing the State to lose Medicaid funding. The FMAP adjustment included in the CHIP Reauthorization Act corrects this unfair penalty. It simply ensures that when an employer makes a significantly disproportionate pension or insurance contribution, the State is not denied much-needed Medicaid funding. This adjustment provision is not limited to any single State. In fact it now applies to three States, Michigan, Indiana and Ohio. It may well be that many more States will have cause to complain about this soon, unless it is corrected. It would apply to any State in any instance where there is a significantly disproportionate employer pension or insurance fund contribution that exceeds 25 percent of a State's increase in personal income for a year.

Mr. DINGELL

Mr. DINGELL. Madam Chairman, I rise today to speak in favor of H.R. 1852, the Expanding American Homeownership Act of 2007. Section 29 of this bill is designed to clarify congressional intent regarding certain properties that entered the HUD property disposition process prior to the enactment of the Deficit Reduction Act but where the initial proposed disposition was delayed. An example of one such project is Parkview Apartments in Ypsilanti, Michigan. While I believe that this particular project is already subject to the grandfathering provision of the DRA, Section 29 clarifies that such properties should be considered ``pre-DRA'' properties, and that HUD should proceed with its prior disposition contracts as to those properties. This clarification was requested by HUD and, in drafting this provision, we were assisted by HUD staff and were assured that this language was the clarification the agency needed to proceed with the 2004 contract as to Parkview Apartments.

Mr. DINGELL

Mr. DINGELL. I thank my good friend.

Mr. DINGELL. Mr. Chairman, I accept the time with thanks to my beloved friend from Minnesota for whom I have enormous affection and respect. Mr. Chairman, southeastern Michigan is the home for two major airports that accommodate large amounts of air and cargo traffic, Detroit Metro and Willow Run Airport. Southeast Michigan has made strong efforts to develop an aerotropolis between the two airports, and we meet all of the tests that would be required for this, including rail, truck, highway, water, and other kinds of access. We believe that these would be very useful in establishing an intermodal access program which would complement these efforts by facilitating the many public transit plans in southeast Michigan. I request at this time the assurance of my beloved friend, the chairman of the subcommittee, that he will be helping us on this, and I assure him that I will be requesting the assurance of the chairman of the Wayne County Airport Authority that he will cooperate fully in giving priority consideration to this matter to move it forward. I would now yield to the distinguished gentlewoman from Michigan (Mrs. Miller) who has been so active in this matter.

Mr. DINGELL. I yield now to the distinguished gentlewoman from Texas (Ms. Eddie Bernice Johnson).

Mr. DINGELL. Whatever time I have remaining, I yield to my beloved friend from Minnesota.

Mr. DINGELL

Mr. DINGELL. Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 3580) to amend the Federal Food, Drug, and Cosmetic Act to revise and extend the user-fee programs for prescription drugs and for medical devices, to enhance the postmarket authorities of the Food and Drug Administration with respect to the safety of drugs, and for other purposes.

Mr. DINGELL. Mr. Speaker, I ask unanimous consent that I be permitted to yield the remainder of my time to the distinguished gentleman from New Jersey (Mr. Pallone), the chairman of the subcommittee, and that he be permitted to control the time.

Mr. DINGELL. Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days in which to revise and extend their remarks and to include extraneous matter on the bill under consideration.

Mr. DINGELL. Mr. Speaker, I yield myself 3 minutes. Mr. Speaker, I rise today to express strong support for H.R. 3580, the Food and Drug Administration Amendments Act of 2007. This is excellent legislation. It contains needed reforms to strengthen the safety of our Nation's drug, device, and food supply. I want to pay a word of compliment to my Republican colleagues and say that we have come to a compromise which I believe is satisfactory in the broad public interest and is an excellent piece of legislation. And I want to commend my friend Mr. Barton and our Republican colleagues for having worked with us well on this matter. On July 11, 2007, the House passed H.R. 2900, the Food and Drug Administration Amendments, by a bipartisan vote of 403-16. The bill was hailed by all as a strong bill that would improve the lives of Americans by ensuring that drugs and devices are reviewed in a competent and in a timely fashion. Earlier this year the Senate passed a similar bill. Since July, bipartisan meetings have been held frequently between the House Energy and Commerce Committee and the Senate Committee on Health, Education, Labor, and Pensions to reconcile the differences between the two bills. This bill includes two very different user-fee programs, both vital to the timely approval of lifesaving drugs and devices. The legislation would significantly improve our postmarket safety programs, thereby preventing many of the drug and device injuries and deaths that occur today. It fills an important gap in therapies available to one of our most vulnerable and important patient groups: our children. Finally, I note that the period of market exclusivity in the pediatric studies remains 6 months, as in current law. I want to thank all the members of the committee who have worked hard on this bill. They have endured long hours to ensure that this bill would be completed before the expiration of the two user-fee programs at the end of this month. And I want to pay particular tribute to the staff on both sides for their outstanding labors. Mr. Speaker, I want to point out that if this bill does not pass in the time limits which are imposed upon us by the September 30 expiration of this statute, we will have significant problems here that we may not be able to address because, I would point out, that failure to do so will leave us with a situation where we are going to find that RIF notices will be going out at Food and Drug and the ability to approve new drugs will all of a sudden come to a screeching and unfortunate halt. I urge my friends and colleagues to support this legislation; it is a good piece of legislation, it has the support of all who have worked with it, and I would commend it to the attention and the kindness of my colleagues. Mr. Speaker, I reserve the balance of my time.

Mr. DINGELL

Mr. DINGELL. Madam Speaker, I rise today to acknowledge, honor, and celebrate an event taking place in ``the world's largest freshwater marsh restoration project.'' Ever more popular each year, the Pointe Mouillee Waterfowl Festival is celebrating its 60th year of bringing together all manner of wilderness enthusiasts and outdoorsmen for an exciting weekend of appreciation, competitions, and games. The Pointe Mouillee Waterfowl Festival is a unique event open to all wildlife lovers of every age, and it is free of charge to the public. This event is made possible through the hard work of the organizers of the Festival, sponsor businesses, conservation groups, and the hundreds of visitors who travel with their families for the annual event. Of course, one must also remember the many diverse species of waterfowl whose presence at Pointe Mouillee highlights the work of those who spend their precious time working to restore and maintain the marsh. The whole festival is a wonderful opportunity to see all the benefits of conservation come together in one remarkable weekend for everyone to enjoy. Pointe Mouillee, aptly named ``wet point'' in French, began its role as a haven for sportsmen in the late 19th century when it was owned by an upper-class group of only eight men. It endured as such--only adding two new membership slots--for seventy years. In 1945, however, the aristocratic ownership of the 2,608 acres of marshland ended when it was sold to the Michigan Department of Conservation. At that point, the beautiful channels and lands were opened to the happy public. Ten thousand outdoorsmen, one thousand times the previous restricted membership, flocked to enjoy Pointe Mouillee that season alone. Over time, however, as construction began on dams and the natural flow of the Huron River was shifted, the important balance of the habitat began to shift as well. As this trend was exacerbated in the 1960s and 1970s the damage only worsened. Nonetheless, despite the many obstacles, the Festival continues to work to preserve the marshland and bring even greater attention to the beauty and utility of those 2,608 acres. Madam Speaker, I ask that all of my colleagues join me in saluting the Pointe Mouillee Waterfowl Festival as it celebrates its 60th anniversary. I have every hope, and every confidence, that this great festival will carry on its proud tradition of appreciation toward the natural beauty of the Pointe Mouillee and other such sites throughout Michigan and the entire region.

Mr. DINGELL

Mr. DINGELL. Mr. Speaker, six years ago, America awoke on a sunny Tuesday morning to learn we were under attack. Today, we once again pause to reflect upon those who lost their lives that day, and those they left behind. We remember the bravery of the firefighters, policemen, emergency responders, and volunteers who charged up the stairs of the twin towers or into the inferno of the Pentagon. We remember the passengers on Flight 93, whose sacrifice in the fields of Pennsylvania saved countless lives elsewhere. We remember the ordinary Americans who gave something of themselves that day or in the weeks that followed, by volunteering at ground zero, by giving blood, or donating money. As we think about that day, and the way it changed us all, we must also ask ourselves whether we have done enough to honor the memories of the many victims of the attacks. I am pleased that on this September 11, Congress can finally say that it passed legislation to implement the recommendations of the independent bipartisan 9/11 Commission. However, we cannot be complacent, and must continue to improve the security of our ports, borders, and other critical infrastructure. Finally, as Osama Bin Laden's latest video reminds us, those who perpetrated the September 11th attacks are still at large. We must ensure that our military has the resources it needs to track down those responsible for the attacks. As Americans gather to remember September 11, 2001, let us reflect upon the fact that on a day that will be remembered as one of the worst for America, Americans were at their best. Maintaining the spirit of unity that brought us together in the aftermath of those attacks is perhaps the way that we can best honor the memories of those who died.

Mr. DINGELL

Mr. DINGELL. Madam Speaker, I have the great privilege today of welcoming and thanking a dear friend, a distinguished American, and a wonderful clergyman to the House for the prayer, and I want to thank you and my colleagues for your courtesy to him. I am delighted to present to my colleagues the wonderful gentleman from Ypsilanti, the Reverend S.L. Roberson, and I want to thank him for taking time to be with us today to act as our guest chaplain. He has dedicated his life to the service of his fellow man and is one of the most beloved and respected pastors and citizens of the State of Michigan. He has been pastor of the Metropolitan Memorial Baptist Church in Ypsilanti for 53 years. He has served his country with great distinction as a member of the United States Marine Corps, of which he is very proud. He has undergraduate degrees from Eastern Michigan University, has studied at Detroit Bible College, and has a doctorate of divinity from Urban Bible College so that he may more fully and better serve his fellow man. In addition to his civic and spiritual service, he has worked for Ford Motor Company for 33 years in their Labor Relations and Personnel Services of Industrial Relations Department. He has found time to serve as president of the Ypsilanti Housing Commission and is chaplain of the Ypsilanti Police Department. He is a wonderful individual to provide the opening prayer for the Congress because of his great life experiences and his wonderful service to his country, including distinguished service in the military. He has given his fellow citizens over 50 years of spiritual guidance, and he has administered God's word to civil servants and citizens alike all across Michigan. I ask my colleagues to welcome this distinguished American, our guest chaplain, Rev. S.L. Roberson, and to welcome his wife and friends who are in the gallery today. I thank you, Madam Speaker. We have before us a man of great respect and a real cornerstone to his community.

Mr. DINGELL

Mr. DINGELL. Madam Speaker, I rise today to pay tribute to the life of Rhetaugh Graves Dumas, PhD, RN, FAAN, who passed way on July 22, 2007. Rhetaugh Dumas had an exemplary life and career as an esteemed international leader in nursing and health care. Dr. Dumas served as the dean of the School of Nursing at the University of Michigan from 1981 to 1994 in which she had a major impact on the advancement of nursing, health care, and academic programs. In 1994 she was named vice provost for health affairs and the Lucille Cole Professor of Nursing. She retired from active faculty status in December 2001, after 20 years of service to the University of Michigan. Before arriving at the University of Michigan Dr. Dumas was a deputy director at the National Institutes of Mental Health. She was the first woman, the first nurse, and the first African-American to serve as a deputy director at NIMH. Earlier in her career, Dr. Dumas served on the faculty of Yale University's School of Nursing and director of nursing of the Connecticut Mental Health Center at the Yale-New Haven Medical Center. Dr. Dumas, born in Natchez, Mississippi, received her bachelor's degree in nursing from Dillard University, master's degree in psychiatric nursing from Yale and her Ph.D. degree in social psychology from Union Graduate School, Union for Experimenting Colleges and Universities. Dr. Dumas served on a number of national boards and committees including as an appointee to the President's National Bioethics Advisory Committee during the Clinton administration. Madam Speaker, I ask that my colleagues join me in extending the appreciation of the U.S. House of Representatives for all the contributions Rhetaugh Grave Dumas made to our Nation during her extraordinary life.

Mr. DINGELL

Mr. DINGELL. Mr. Speaker, I ask unanimous consent that all Members have 5 legislative days in which to revise and extend their remarks and to insert extraneous material into the record on H.R. 3221.

Mr. DINGELL

Mr. DINGELL. Reserving the right to object, you know, I enjoyed the reading of this so much the first time that I think I'd like to hear it again.

Mr. DINGELL. But out of special affection for my dear friend from Texas, I will not ask that it be read.

Mr. DINGELL

Mr. DINGELL. Mr. Chairman, I yield myself 1 minute. The legislation here represents the work of 10 committees. In the portion of the legislation written by the Committee on Energy and Commerce, there is not a single provision that a Member would feel justified in opposing. The legislation from the Commerce Committee sets appliance standards for buildings and other devices and appliances which, when in full force, will save 10 million tons emissions of carbon dioxide, more than the annual emissions of every car in this country. It promotes the development of the Smart Electricity Grid that will deliver energy to a household in a more efficient manner. It paves the way for more efficient use of electricity and will make innovations like plug-in hybrid vehicles even more promising. It improves the loan guarantee programs to the Department of Energy, and it makes the largest investment in our history in biofuels, along with other things which will move forward and see to it that the infrastructure is there to provide the necessary service. Some of our Members are unhappy with what is not in the bill; some of them are unhappy with what is in the bill. I would observe that we will be having additional legislation which we are contemplating bringing forth from the Energy and Commerce Committee in the month of September which will address a large number of questions not now before the House, including the question of global warming in all of its aspects. These controversies have been avoided so that we could produce a consensus bill that will pass the House and the Senate and be signed into law by the President. That bill is before us at this time, and it merits our support. Mr. Chairman, I reserve the balance of my time.

Mr. DINGELL

Mr. DINGELL. Would the gentleman yield?

Mr. DINGELL. I want to thank my distinguished friend from Texas (Mr. Barton) for all the good work that he does. I want to express my affection and respect for him. I want to thank him for raising the question about the departure of Mr. Albright. Mr. Albright has served the committee with distinction. He has been a friend to all of us. He has been a wise counselor. He will be an extraordinarily fine public servant when he moves to the Department of Energy. He will be missed here. He carries with him the affection, the respect and the good wishes of all of us. I wish to have him know of my friendship, affection and respect for him.

Mr. DINGELL

Mr. DINGELL. Mr. Chairman, this is a good amendment and it should be adopted. How many of my colleagues saw television last Sunday night when they saw the hundreds of thousands of fraudulent counterfeit pharmaceuticals, pills that could be imported into the United States from China, and saw Chinese entrepreneurs bragging about how many of these they could make available? You can kill people with bad drugs two ways. One is by giving them adulterated, contaminated unsafe drugs. That'll kill them. The other way is to give them drugs that don't do anything. And these drugs, although cleverly marked and wonderfully packaged, don't do anything. How many of you want the blood on your hands of having people killed by allowing drugs to be imported which are not safe or which do not do what they're supposed to do? How many people here want to see to it that your constituents are getting drugs which won't deal with hypertension or which won't address the problems of cancer or which won't deal with other life-threatening drugs, with life-threatening conditions? I urge you to support this amendment. I commend my good friend from Michigan for his leadership, and I say thank you. The Nation owes you a debt. The Nation is watching this Congress to see whether or not this Congress is going to protect the people or whether we're going to expose them to great risk. I challenge my colleagues to do what is right.

Mr. DINGELL

Mr. DINGELL. Mr. Speaker, pursuant to House Resolution 594, I call up the bill (H.R. 3162) to amend titles XVIII, XIX, and XXI of the Social Security Act to extend and improve the children's health insurance program, to improve beneficiary protections under the Medicare, Medicaid, and the CHIP program, and for other purposes, and ask for its immediate consideration.

Mr. DINGELL. Mr. Speaker, I yield to the distinguished gentleman from Virginia (Mr. Moran) for purposes of a unanimous consent request.

Mr. DINGELL. Mr. Speaker, I yield to the distinguished gentlewoman from California (Ms. Eshoo) 1 minute.

Mr. DINGELL. Mr. Speaker, I yield 1 minute to the distinguished gentleman from Texas (Mr. Gene Green). (Mr. GENE GREEN of Texas asked and was given permission to revise and extend his remarks.)