Patrick Kennedy

Mr. KENNEDY of Rhode Island

Mr. KENNEDY of Rhode Island. Madam Speaker, the cost of prescription drugs is certainly at a record high. Prescription drugs represent the highest out-of-pocket medical care cost for 75 percent of the elderly. Only long-term care costs more than these prescription drugs. And approximately 37 percent of seniors do not have the drug coverage necessary for them to be able to buy these drugs and afford them. But here in the Congress, a bill has been introduced that will further, I repeat, further increase the cost. That is right, not lower cost, not reduce the burden on our senior citizens, but a bill that will actually increase the cost to consumers and to market monopolies. H.R. 1598, the Patent Fairness Act, is anything but fair. What the bill would do is simple. It allows a back door for multi-billion-dollar patent extensions to go to seven pharmaceutical companies, possibly more. It continues monopolies for these drugs for more than 3 years and, therefore, deprives senior citizens as well as other consumers the choice of selecting a more affordable generic version. The estimated windfall for pharmaceutical companies for the extension will be at minimum $6 billion. The bill ignores a compromise reached in 1984 that gave those drugs under review by the FDA a 2-year extension and gave a future eligibility for extensions to drugs that have been filed at the FDA. In order to be fair, however, they still received an additional 2 years of patent protection in order to foster their growth. These extensions have added up and have had the effect of giving these companies a monopoly on the marketplace. As a matter of fact, one of these drugs, Claritin, had a 1998 U.S. sales total of $1.8 billion. There is no need to continue the monopoly and, therefore, to continue the market exclusivity of these drugs and the high cost. In the meantime, however, several companies that are gearing up to provide more affordable generic versions of these drugs are being stifled because of these patent extensions. These patent extensions subvert the drug patent system and turn it into an anti-competitive shield to protect profits. And while the companies suffer, so do the average American citizens who are trying to afford these prescription drugs. The monopolies allow increased prices for their drugs and, therefore, the consumers pay more. Prescription drug costs have risen 85 percent in the last 5 years. Every day we hear more and more about the fact that many seniors and their families are forced to choose between dinner on the table and medicine in their bodies. As my colleagues can see from this graph here to my right, the average prescription drug price to consumers in the past 5 years has risen nearly $18 per prescription. Given the fact that generic drugs are usually priced between 30 and 60 percent less than the brand name drugs, we are seeing this monopoly raise prices and profits for these companies. Conservative groups like Citizens for a Sound Economy and Citizens Against Government Waste have criticized this proposal in the past. The Consumer Federation of America said that ``this is yet another attempt to slip a special-interest provision into an appropriations bill which will prove very costly to consumers.'' Public Citizen called it the ``greedy special-interest grab at the expense of consumers and the health care industry.'' This year we will let this issue be brought up and we will make sure that the affordability of prescription drugs will be paramount amongst our side, on the Democratic side, to make sure that we will not extend this drug monopoly and block generic drug competition. H.R. 1598 continues this high prescription drug prices, which we intend to fight every step of the way and make sure that we have more affordable generic medicines to provide our senior citizens with a choice. Prescription drug costs have skyrocketed. Senior citizens' cost for out-of-pocket expenses for these prescription drugs are occupying an ever increasing percentage of their out-of-pocket expenses. And if my colleagues think about it, we will actually save money by covering prescription drugs and reducing these drug prices by going for generic brands, as well. Because if senior citizens can afford these drugs, guess what, they do not end up in the hospital sick because they are not able to take the medications that their doctors tell them they must take if they are to remain well. This is a classic case of an ounce of prevention is worth a pound of cure. I would ask my colleagues to keep in mind that this is an important issue that we need to keep alive so that we focus our attention on this issue and preserve generic drugs for the consumers in this country.

Mr. KENNEDY of Rhode Island

Mr. KENNEDY of Rhode Island. Madam Speaker, I move that the House do now adjourn.

Mr. KENNEDY of Rhode Island

Mr. KENNEDY of Rhode Island. Mr. Speaker, last Thursday, June 10, I was unavoidably detained. I missed rollcall numbers 202 and 203. Had I been present, I would have voted ``yes'' on rollcall 202 and ``no'' on rollcall 203.

Mr. KENNEDY of Rhode Island

Mr. KENNEDY of Rhode Island. Mr. Chairman, we won the war. Now we must win the peace. We led NATO into that war in order for us to end the atrocities over in Kosovo and now we must be part of NATO to ensure that peace is there and that it will stick. Not only do the Republican amendments today undermine our efforts in Kosovo but the underlining provisions of this bill without the Skelton amendment make it nearly impossible to effectively implement the peace agreement because it cuts off the funds on September 30. Every major newspaper in the world has a peace agreement on the front page of every major newspaper. Why can our friends on the Republican side not read what is on the front page of every major newspaper in the world and declare that we have peace and we have the responsibility to be part of making sure that peace works.

Mr. KENNEDY of Rhode Island

Mr. KENNEDY of Rhode Island. Mr. Speaker, I'd like to address an issue of great importance to me and to many members of the community I represent. Fair and equal access to capital and credit should be a fundamental right, yet for too long it has been a privilege based on race or economic class. The dream of owning your own home or business slips away when financial institutions discriminate against hardworking, creditworthy Americans. Fortunately, blatant discrimination in the lending industry is in decline, home ownership and small business opportunities are on the rise and we can attribute much of this progress to the Community Reinvestment Act (CRA). CRA rates federal banking agencies on how they meet the credit and capital needs of all the communities in which they are chartered and from which they take deposits. Community organizations, elected and religious leaders, and ordinary citizens have a right to offer their opinions regarding the CRA performance of lenders during CRA exams or mergers of CRA. Additionally, CRA has leveraged a tremendous amount of reinvestment for our nation's inner cities and rural areas. For example, in 1997, low- and moderate-income borrowers received 28 percent of the nation's mortgage loans--up dramatically from 18 percent in 1990. According to the National Community Reinvestment Coalition, banks have made over $1 trillion in commitments to CRA-related loans and investments since the law was passed in 1977. In Rhode Island, CRA has revitalized cities throughout the state. From Constitution Hill in Woonsocket to the West End of Providence to Newport, community based housing and economic development activities are taking place because of CRA. As we here in the Congress consider financial modernization and H.R. 10, I will strenuously oppose any effort to weaken CRA. In addition, we must strengthen our nation's reinvestment and fair lending laws through reopening requirements on policyholders. We should ensure that CRA will leverage new business opportunities by helping insurance companies, community organizations, and local public agencies identify missed market opportunities in traditionally underserved neighborhoods. I urge my colleagues to stand firm in support of CRA during the debate on H.R. 10. Supporting the measurable progress we have made in expanding economic opportunities for all segments of our society is the right thing to do. Rhode Island Community Reinvestment Association, Providence, RI, May 24, 1999. Hon. Robert Weygand, House of Representatives, Washington, DC. Hon. Patrick Kennedy, House of Representatives, Washington, DC. Dear Congressman Weygand and Congressman Kennedy: The RI Community Reinvestment Association (RICRA) is a thirteen- year-old organization working to encourage the public and private reinvestment in the housing and community economic development of low and moderate neighborhoods in the state. RICRA provides foreclosure prevention advocacy for individual homeowners. The future of CRA is at risk. Given the importance of the Fleet proposed acquisition of BankBoston with 50 bank branches to be sold. One example, the City of Pawtucket has on the table all Fleet and BankBoston branches to be sold. CRA is revitalizing our cities in Rhode Island. From Constitution Hill in Woonsocket to the West End of Providence to Newport and South County, community-based housing and economic development activities are taking place because of CRA. CRA must be preserved. Financial Modernization should benefit all segments of our communities and individual households. Financial Modernization should not be just for depositors with daily balances in the six-figures income. Financial Modernization must include community reinvestment. RICRA is requesting that as our Congressional Delegation in the House of Representatives that you join the procession for a one-minute statement on CRA. We've enclosed the text for your consideration. If you agree to do a one-minute speech, please work with Rep. LaFalce's staff (Tricia Haisten 202- 225-4247). Thanking you in advance for your consideration of working to save CRA. Sincerely, Ray Neirinckx, Coordinator.

Mr. KENNEDY of Rhode Island

Mr. KENNEDY of Rhode Island. Mr. Speaker, I just want to commend the gentleman from New York (Mr. Engel) for his persistence on this matter. I can recall well before the Milosevic ever invaded Kosovo it was the gentleman from New York (Mr. Engel) who was talking to this Congress about the impending problems that we were going to have with Mr. Milosevic. He is clearly the greatest authority on this issue in the United States Congress. When he speaks, he speaks from long-held experience and belief in this issue. I want to commend him for all the good work that he does.

Mr. KENNEDY of Rhode Island. Mr. Speaker, will the gentleman yield?

Mr. KENNEDY

Mr. KENNEDY. Mr. Chairman, H.R. 833 provides fair and reasonable bankruptcy reform to a system that is badly in need of repair. Chapter 7 of the Bankruptcy Code was established to help honest, debt burdened individuals gain a fresh start. In 1982, when economic times were tough, less than 400,000 individuals used this portion of the Code, which forgives all existing debts. Oddly, in today's economy in which real per capita annual disposable income is growing, unemployment rates are low, and the market is strong, Chapter 7 fillings are at a record high with over 1.4 million people asking to be discharged from about $50 billion in debt. Currently it is estimated that over 70% of bankruptcy filers use Chapter 7. Last year, 1.4 million personal bankruptcies were filed, an increase of 94.7 percent over 1990. By contrast business filings have remained steady over the last two decades. As my House colleague Congressman Rick Boucher aptly said, ``bankruptcy was never meant to be used as a financial planning tool, but it is becoming a first stop rather than a last resort'' to those who have the ability to pay a portion of their debts, but choose to ignore their responsibilities. Clearly, the Congress has a responsibility to address this issue. Our nation simply cannot afford widespread abuse in our bankruptcy system. Consumers pay an estimated $500 dollars per year in additional ``hidden taxes'' by companies trying to make up for the cost of bankruptcy losses. For this reason, I have joined the fight in promoting federal legislation that actively seeks to reform the Code and target those who abuse the system at the expense of others. The Bankruptcy Reform Act, which passed yesterday with overwhelming bipartisan support will force those who should file under Chapter 13, and pay a portion of their debt, to meet their responsibilities. It insists that a debtor demonstrate that full bankruptcy relief under Chapter 7 is warranted. Those who do not meet this needs-based test will be subject to a formula based on the debtor's income and obligations. The bill also ensures that debtors know all their financial options before they file bankruptcy. Often, debtors are the prey of entities that push debtors into bankruptcy without an explanation. This initiative will crack down on these practices. The bill also includes a House passed amendment that will require greater disclosure to debtors by credit card companies and other creditors about the types of fees and payments schedules that consumers may incur. By balancing the needs of creditors and debtors, this bill achieves meaningful bankruptcy reform.

Mr. KENNEDY

Mr. KENNEDY. Mr. Speaker, today, we solemnly observe the Armenian genocide, a tragedy that took place nearly 84 years ago. The courage and strength of the survivors and the memory of those who perished are an inspiration to all of us to stand up here today. It is our task to make sure that the Armenian genocide will never be forgotten. Over 6 million people of Armenian descent live in this country. Many of them can still recount the persecution they faced from the Ottoman Empire and the stories of the night of April 24, 1915, the night the genocide began. In observance of this date, we must remember the hard lessons learned from this tragedy so that we will never forget our duty to fight against human rights abuses, ``ethnic cleansing,'' genocide and other crimes against humanity. As we support the brave men and women fighting to stop the genocide of ethnic Albanian's in Kosovo, we see that genocide is not simply a sad chapter in history. The lessons of the Armenian genocide are ever salient. In the Kosovo case, our country's message must be clear. When a leader decides to erase a race of people from the earth, we will react with all due force and determination to make sure that leader fails. The blood of genocide victims stains not only the hands of the perpetrators, but also those who do nothing to stop it. We can not wash our hands of this tragedy. We must remember the crimes of the past and work to end all types of genocide. This includes dedicating ourselves to ending the ethnic cleansing in Kosovo.

Mr. KENNEDY of Rhode Island

Mr. KENNEDY of Rhode Island. Mr. Speaker, if the gentleman will yield further, I am not arguing about the gentleman's efforts to make sure we count everyone accurately. My argument is with the delay. With their delay, they are effectively delaying the numbers being reported, which in essence means we cannot get an accurate count.

Mr. KENNEDY of Rhode Island. How many do we have?

Mr. KENNEDY of Rhode Island. Mr. Speaker, I would ask the gentleman, how many Members are members of the Republican Black Caucus?

Mr. KENNEDY of Rhode Island. Mr. Speaker, will the gentleman yield?

Mr. KENNEDY of Rhode Island. Mr. Speaker, I find it very curious that my colleagues on the other side of the aisle would make the argument that this is not political, that they say they do not want politics in this. Hello, everybody. This is the most political issue we will probably face in the next 2 years of this session, okay? This goes to who is going to control this House for the next 10 to 20 years. So I do not want to hear my colleagues disingenuously represent this bill as simply about counting, because that is hogwash. The fact of the matter is the census is about who has got the money and who has got the power. It should be very curious to the Republicans that the Congressional Black Caucus, that the Congressional Hispanic Caucus, that the Congressional Asian Pacific Caucus, all three of them, every minority caucus in this Congress, are against their sampling proposal and their Census proposal. Why? Because they say that in the effort to get accuracy, they want to delay the Census process. Well, delay equals death for accurate counting. Mr. Speaker, this is about the heart of government. It is about the distribution of money and power. There is nothing more fundamental to this debate for the next 2 years than this Census. Bridges, roads, education, law enforcement, health care, all of that will be decided by how many people exist in each State and in each city across this country. If we undercount people, and I have to say, traditionally, there is a reason why the Hispanic Caucus, there is a reason why the Black Caucus, and the minorities are against this, because minority people of color historically get undercounted. If my colleagues would yield for a question, I would like to ask them to answer why they are delaying this process.

Mr. KENNEDY of Rhode Island

Mr. KENNEDY of Rhode Island. Mr. Speaker, today, I wish to celebrate an important day in Greek history, the 178th anniversary of Greece's independence. I wish to thank my colleagues from Florida and New York for taking the initiative to organize this special order to honor Greece on this important day and for organizing the Congressional Caucus on Hellenic Issues. I am pleased to be part each year of this organized and concerted effort to speak out on those issues which are important to Greece, Cyprus, and our constituents of Hellenic descent. Greek and American history are closely linked. Both nations owe a large part of their national identity today, to the influence of the other in the past. When Thomas Jefferson was writing the Declaration of Independence and our founding fathers were writing our Constitution, they drew upon the work of Greek scholars and philosophers. Indeed, our system of Democracy could never have existed without the influence of these ancient Greek scholars. Similarly, Greece looked to the United States and the American Revolution as a point of inspiration when it began its struggle for independence on March 25, 1821. Furthermore, modern Greek culture has become a vital part of the culture of the United States through the entrance of Greek immigrants into the United States. Their hard work has made a tremendous impact on their communities. In my own state of Rhode Island, there are incredibly strong and productive Greek communities in Providence, Pawtucket, and Newport. In these cities, Greek immigrants built businesses, neighborhoods, churches, schools, and raised families. Our country is richer because of all that communities such as these have given. Because of the influence of Ancient Greece upon our founding fathers, the contributions of Greek immigrants to American culture, and the American influence of a Greece's struggle of independence, it is quite fitting that we celebrate the anniversary of Greece's independence. Again, I thank my colleagues for all their hard work in making this Special Order possible and look forward to further work with the Hellenic Caucus.

Mr. KENNEDY of Rhode Island

Mr. KENNEDY of Rhode Island. Mr. Speaker, on February 24 and 25 and March 4 I was unavoidably detained and consequently missed several votes. Had I been here I would have voted: ``Yes'' on passage of H.R. 438; ``yes'' on passage of the Journal for February 25; ``yes'' on passage of H.R. 514; and ``yes'' on passage of H.R. 707.

Mr. KENNEDY

Mr. KENNEDY. Mr. Speaker, I rise in strong support of H. Res. 32, and its goal of free and fair and transparent elections in Indonesia beginning with the parliamentary elections on June 7. I would like to point out however, that the resolution fails to mention the on-going and extreme occurrences of human rights abuses on the part of the Indonesian military in the areas of occupied East Timor and others. Violations of human rights continue and it is critical that these abuses are addressed as well as the need for a free and fair election. Congress must continue to call on the U.S. administration and the Indonesian government directly for the implementation of the introduction of international monitors in East Timor, and disarming paramilitary units that the Indonesian military arming and supporting. Last week, Secretary of State, Albright visited with Xanana Gusmao in Jakarta. At that time the Secretary said that ``We see an urgent need to stabilize the situation through disarmament of all paramilitary forces, as Xanana Gusmao has proposed and General Wiranto supports,'' and that ``We favor confidence-building measures, such as a reduction in the number of troops, and an international presence to reduce the prospects for future violence.'' It is critical that this Congress follow through on these statements, and assure that the East Timorese people are freed from Indonesian sponsored violence in addition to supporting free and fair elections.

Mr. KENNEDY of Rhode Island

Mr. KENNEDY of Rhode Island. Mr. Clerk, would the Clerk respond to a parliamentary inquiry? The Clerk. The gentleman will state his inquiry.

Mr. KENNEDY of Rhode Island. The parliamentary inquiry for the Clerk is for the delegates who represent American citizens. Where does that vote come today? Will they not be allowed to vote for Speaker of this House? The Member from Puerto Rico represents 4 million American citizens. The Clerk. Representatives-elect are the only individuals qualified to vote in the election of the Speaker.

Mr. KENNEDY of Rhode Island. All right. Can we just make sure that is duly noted under this majority, the disenfranchisement. The following is the result of the vote: [Roll No. 2]

Mr. KENNEDY of Rhode Island

Mr. KENNEDY of Rhode Island. Mr. Speaker, the gentleman has named me and my----

Mr. KENNEDY of Rhode Island. Is not perjury a legal term? Has the gentleman defined perjury in a court of law, or is it just his constant repetition that the President has lied?

Mr. KENNEDY of Rhode Island. Mr. Speaker, will the gentleman yield?

Mr. KENNEDY of Rhode Island. Mr. Speaker, we have no right to stand here and debate the rule of law if we cannot even extend to the President of the United States that same right of due process as required by our Constitution. The majority has replaced the notion of due process with a notion that if we just say something long enough it will become true. Today we will be remembered for impeaching a president for punishment that does not fit the crime. Today we will be remembered for a political mutiny of our Commander in Chief when our troops are in the field. And today this Congress sends a message that the constitutional scales of justice can be tipped to one side if it suits the purpose of one political party. Four hundred respected historians have said that the presidency will be permanently disfigured and diminished by today's vote. Over 200 constitutional scholars have argued that the sentiment of these offenses does not rise to the level of impeachment. And two-thirds of the American public have said the same thing. Mr. Speaker, Republicans, put our country before your party.

Mr. KENNEDY of Rhode Island

Mr. KENNEDY of Rhode Island. Mr. Speaker, we have no right to stand here and debate the rule of law if we cannot even extend to the President of the United States the same due process as is required for even the vilest criminal. The majority has replaced the notion of due process with the notion that if you just say something enough times, it becomes true. Whether or not the President did what he was accused of, this process is the legacy we leave to our children, and to impeach the President without allowing him due process does far more damage to our democracy than any act one man may, or may not, have committed. The golden spike in the transcontinental railroading of this President is that the majority will not allow us to even vote on censure. Four hundred historians said that the presidency will be permanently disfigured and diminished by today's vote. Over two hundred Constitutional scholars echoed the sentiment that these offenses, even if proven true, do not rise to the level of impeachment. And two thirds of the American people are saying the same thing: don't impeach. You say that you are adhering to Constitutional process. But if you talk the Constitutional talk you better walk the Constitutional walk. I don't want to hear, although I suspect I will, you say that in order for us to get out of this crises ``the President must resign.'' If you do, you will short circuit the Constitutional process that you stand here today advocating for. I want to get your word today that you will not do that and that you will take responsibility, for what you are beginning today by bringing this country's government to a halt? Today we will be remembered for an impeachment when the punishment clearly does not fit the crime. Today we will be remembered for a political mutiny of our Commander in Chief when our troops are in the field. And today this Congress sends a message that the Constitutional scales of justice can be tipped to one side when it suits the purpose of one political party. And everyone will know how we got there because you, the Republican majority, did not allow this democratic institution to work its will on a motion to censure and end this national nightmare. When you are finished doing this, don't come to the American public and say the President should resign and get us out of the Constitutional crisis. You got into it when you refused a censure motion as alternative to this constitutional crisis.