Bart Stupak

Mr. STUPAK

Mr. STUPAK. Mr. Chairman, I rise in opposition to the amendment. Mr. Chairman, I yield such time as he may consume to the gentleman from Oklahoma (Mr. Boren).

Mr. STUPAK. Mr. Chairman, I yield back the balance of my time.

Mr. STUPAK

Mr. STUPAK. Mr. Chairman, I rise in opposition to the amendment. Encouraging and supporting the development of innovative new technology is preferable to arbitrary increases in CAFE standards that will truly hurt thousands of American workers. Moreover, the National Academy of Sciences report of 2001 indicated that only the subcompact car segment of our fleet could be expected to achieve this fuel economy level. This suggests that a substantial portion of the vehicles on the road would have to be very small to reach this objective. Reducing our consumption of oil should come from new technology, not by mandating a standard that requires most vehicles to be a subcompact. The National Academy of Sciences also raises concerns about potential increases in highway fatalities if the auto industry is forced into selling a greater share of small vehicles. According to the analysis of the Insurance Institute of Highway Safety Data in 1999, since CAFE standards were first announced in 1975, approximately 46,000 people died in crashes who would have survived if CAFE had not encouraged smaller, lighter cars. I am concerned that this amendment would lead to more unnecessary fatalities. For these reasons, I urge a ``no'' vote on this amendment.

Mr. STUPAK. Mr. Chairman, if the chairman would remember, he did allow me to offer my amendment in committee, but before we had voted to do a permanent ban, it was undermined by the Rogers amendment, which basically says the same thing that it says in the body of the underlying bill, which encourages States to enact a ban. As the gentleman from Texas knows well, because we have several States who deal with Lake Michigan and four of the five Great Lakes are international borders, a ban, if it is going to come, a permanent ban, which we seek, would have to be Federal legislation because of the interstate commerce clause from which our committee gets its jurisdiction. That is why we were very disappointed in that, especially. In fact, in 2001, we did have a moratorium on oil and gas drilling in the Great Lakes, and it passed 265-157 with strong bipartisan support. That is why we are disappointed that the Committee on Rules did not make our amendment in order.

Mr. STUPAK

Mr. STUPAK. Mr. Speaker, on January 4, 2005, the first day of the 109th Congress, this House adopted several changes to the House ethics rules that many in this body warned would severely weaken the ability of the House Committee on Standards of Official Conduct to enforce the highest standards of ethical conduct in its Members, officers, and employees. In the middle of March, these warnings, sadly, came to pass when the House Committee on Standards of Official Conduct failed to adopt committee rules that would have given it the ability to investigate credible allegations of misconduct even in cases where partisan considerations caused the committee to be deadlocked. Now we are left with a shell of a committee, a paper tiger that can perform only a fraction of the advisory, enforcement, and investigatory duties assigned it. The absence of a functioning ethics committee and the collapse of the ethics enforcement process are untenable, unacceptable, and irresponsible. In the eyes of the American people, this can only serve to undermine the integrity and credibility of the Members of the House and the House as institution.

Mr. STUPAK

Mr. STUPAK. Mr. Speaker, I rise today to honor a community in my district that is celebrating its 100th anniversary as a city. Sunday, the residents of Bay City, Michigan celebrate their history that 100 years ago was the result of a true tale of two cities. Much of this history is documented in two excellent articles in the Bay City Times by local reporter Tim Younkman. Like many of the towns in my district, it was the lumber industry that brought people, commerce, growth and prosperity to the Saginaw Bay area to found the village of Bay City at the mouth of the Saginaw River in 1857. It later became a city in 1865 but was known as the ``East Side'' because on the opposite side of the river, the ``West Side'' was comprised of three small communities. In the late 1800's, the Bay City area was nationally known for being a boom town. The success of the lumber mills attracted pioneers and early entrepreneurs from the far reaches, including New York City. One pioneer in particular, Henry Sage, teamed with local businessman, John McGraw, to build the world's largest sawmill, which is now known as Veterans Memorial Park. Sage was also credited with creating one of the three West Side communities known as Wenona. In 1877, Wenona consolidated with the community of Banks, named after the Civil War General Nathaniel Banks, and the community of Salzberg, the region of Germany where local settlers came from in the old country, to form West Bay City. At the turn of the 20th century, lumber tycoon Spencer Fisher and shipbuilder James Davidson worked with local West Bay City families to campaign for the consolidation of the east and west communities into one community to promote more business growth. However, West Bay City Mayor C.J. Barnett, who feared an East side political take-over, opposed the idea. While East Bay City politicians supported the move, East Side business owners feared a rise in property taxes due to the poor financial health of the communities across the river. A dual city vote in 1903 on the proposal lead to a stale mate when East Side voted in favor and West Side voted against. The measure was then taken to the Michigan Legislature to create a combined city charter to incorporate these municipalities into a unified Bay City. Governor Aaron Bliss signed the single city charter into law in June of 1903. However, in a surprise move by the West Side City Council voted to pass costly community improvement projects onto the united Bay City so the East Side voters retracted the deal and ended the consolidation effort. To make the retraction effective, the State Legislature passed a law rescinding the consolidation charter and awaited then Governor Fred Warner's signature for completion. Businessmen still in favor of consolidation lobbied for a veto and those opposed to the consolidation urged the Governor to sign. Governor Warner met with both sides for one hour on February 16, 1905 before departing Lansing for a meeting. Four hours later, he wired back to Lansing saying, ``I have decided to veto bill. You can make this known.'' While some were unhappy with the decision, both sides greeted the Governor's veto, which unified Bay City, with marching bands, banners and a celebration upon their return to Bay City. The newly elected Mayor Gustav Hine held the first meeting of the Bay City Council on April 10, 2005. In a recent letter from current Mayor Robert Katt and Deputy City Manager/City Clerk Dana Muscott to local clergy on upcoming centennial events, they stated, ``it took an act of the State Legislature to force the merger of the two Bay City's. But unified we were. And unified we remain. And that is worth celebrating.'' While other cities have struggled after the early lumber boom, Bay City has persevered through innovation and maintained their prosperity. In a city of over 36,000 people and resting at the junction of I-75 and US 10, Bay City now benefits from large auto, chemical and sugar manufacturers. As a leading recreational port, a city that loves to celebrate its famous waterways is particularly proud of two Tall Ships events that bring historic sailing ships to their shores. I can personally attest to the broadly shared opinion that Bay City is a warm and welcoming community which is proud of their history and how far they have prospered together. Mr. Speaker, I ask the United States House of Representatives to join me in congratulating Bay City and its residents on their first 100 years and in wishing them well through the next century.

Mr. STUPAK

Mr. STUPAK. Mr. Speaker, as one of 203 Democrat and Republican Members of Congress who voted in favor of S. 686, a private bill for the Relief of the Parents of Theresa Marie Schiavo, I am pleased that President Bush signed this important piece of legislation that may result in the reinsertion of Ms. Schiavo's feeding tube. The bill empowers a Federal court to examine the Terri Schiavo case. As I listened to my colleagues debating this issue on the House floor last night, I heard many emotional statements from Members on both sides of the aisle in support of and opposed to what this bill stands for. This is not about Democrats or Republicans, it is simply about protecting the rights of disabled individuals. Unfortunately, after many years of dispute between Ms. Schiavo's husband and parents, a Florida State court ordered the removal of her feeding tubes and subsequent fate of death by starvation and dehydration. Due to the urgency of Ms. Schaivo's case, this bill was limited in considering just her life. However, there are many more people out there who also need help like this and I firmly believe that before we extinguish any life, we should allow that individual all legal and constitutional protections, so they can leave this world with dignity. I feel so strongly about this that I was an original cosponsor of Congressman Dave Weldon's recently introduced bill, H.R. 1151, that would have given legal representation to all incapacitated persons who are without written documentation as to their wishes and whose family is involved in a dispute as to the person's wishes. S. 686, which we passed early this morning, allows Ms. Schiavo's parents to bring the case before the Federal court in Florida and they would be able to hear all evidence without being prejudiced by any of the information from the Florida State case that led to the feeding tubes being removed. The bill also directs the Federal courts to rule on whether removing Ms. Schiavo's feeding tubes is a violation of her civil rights granted to her both by the Constitution and Federal laws. I believe this bill is the right thing to do and I believe we should protect human life from its inception to a person's last breath.

Mr. STUPAK

Mr. STUPAK. Mr. Chairman, I move to strike the last word. Yesterday I went before the Committee on Rules and offered four amendments to this supplemental appropriations bill. I rarely offer more than one amendment on an appropriation bill, and I understand these amendments will be subject to a point of order. However, the issues that these amendments address need to be raised. First I want to say thanks to the gentleman from California (Mr. Lewis), the gentleman from Wisconsin (Mr. Obey), the gentleman from Pennsylvania (Mr. Murtha), and the gentleman from Florida (Mr. Young) for putting together this bill and for their hard work. I am pleased that this bill increases the military death benefits and subsidized life insurance benefits for families of soldiers who have died while on active duty. However, there is still more that needs to be done for our troops and their families. While the troops who are deployed face the horrors of war abroad, far too many of their families face tremendous struggles to make ends meet here at home. As a symbol of our appreciation for their bravery and sacrifice, I believe Congress should grant a one-time $1,500 bonus to our servicemen and women deployed under Operation Iraqi Freedom and Operation Enduring Freedom. This is the same amendment I offered on the last Iraq supplemental bill. Not since Vietnam has such a large number of our troops had such long deployments, especially our National Guard and Reservists, who make up approximately 40 percent of the fighting force in Iraq. Forty-nine percent of the married Guard members and Reservists who report to duty have lost more than $1,000 a month from their civilian jobs. According to USA Cares, requests have been coming in from military families. Twenty-four percent of them are asking for help to pay the utility bills, 30 percent are asking for help for housing, and 70 percent request money for food. As Members of Congress, we may have differing ideas about U.S. involvement in Iraq, but we can all agree that our servicemen and women deserve our severe recognition for their courageous effort. In the coming years, thousands of our young men and women will not see their families. A record number of Reservists and Guardsmen and women will put their private sector jobs and opportunities on hold, and thousands of children from every part of America will pray for their parents' safe return. Give our troops the $1,500 bonus they deserve. The second amendment I would have offered ensures that the U.S. citizens who were prisoners of war in the first Gulf War, 1991, receive the court-awarded compensation that is due to them. Currently, this administration is fighting former American prisoners of war in court, trying to prevent them from collecting nearly $1 billion from frozen Iraqi assets that a Federal judge awarded them as compensation for torture at the hands of Saddam Hussein's regime. Many of these POWs were tortured in the same prison, Abu Ghraib, where American soldiers allegedly abused Iraqis. Those Iraqi victims, according to this administration, deserve compensation from the United States. Why then are our own brave men and women not being compensated for their suffering using the Iraqi assets that the U.S. has already frozen? These Americans must now fight its own government for compensation legally due them. It is imperative that we make sure our 1991 Gulf War POWs are fully compensated. My proposal would ensure that any money expended under this Act, our American troops who were victims of torture and hostage taking, receive the compensation courts have already awarded them from frozen Iraqi assets. It does not take an act of Congress to do this. All it does take is a compassionate President to release those assets. Lastly, I also went to the Committee on Rules to offer two amendments that deal with the domestic helicopter industry. The first allows for $15 million in assistance to small domestic helicopter manufacturers who produce helicopters with not less than 60 percent U.S. content so they can compete with foreign-owned and foreign-subsidized helicopter manufacturers. The second amendment reinstates the Buy American provision requiring at least 50 percent American content in government purchases of civilian aircraft. Over the past 20 years, the helicopter industry in the United States has dwindled due to competition from the foreign helicopter industry which receives government funding for product development. It has become increasingly difficult for the U.S. helicopter industry to compete against its heavily subsidized foreign competition. The end result is a blow to the U.S. economy and our workers. In my district Enstrom Helicopter Corporation recently lost a bid to Eurocopter, a company owned by a French-German conglomerate. The Department of Homeland Security awarded a $75 million contract to Eurocopter to build 55 helicopters for the U.S. Customs and Border Patrol. This contract came at the expense of American companies and American workers. This contract not only hurt the workers in my district but also 44 other States that supply parts and services to the helicopter industry. My amendment would provide financial support for the U.S. helicopter industry to try to level the playing field, while also reinstating the Buy American provisions. I have been informed that these amendments will not be made in order; therefore, I will not offer them. I submit for the Record an article from the ``LA Times'' dated February 15. [From the Los Angeles Times, Feb. 15, 2005] White House Turns Tables on Former American POWs (By David G. Savage) Washington--The latest chapter in the legal history of torture is being written by American pilots who were beaten and abused by Iraqis during the 1991 Persian Gulf War. And it has taken a strange twist. The Bush administration is fighting the former prisoners of war in court, trying to prevent them from collecting nearly $1 billion from Iraq that a federal judge awarded them as compensation for their torture at the hands of Saddam Hussein's regime. The rationale: Today's Iraqis are good guys, and they need the money. The case abounds with ironies. It pits the U.S. government squarely against its own war heroes and the Geneva Convention. Many of the pilots were tortured in the same Iraqi prison, Abu Ghraib, where American soldiers abused Iraqis 15 months ago. Those Iraqi victims, Defense Secretary Donald H. Rumsfeld has said, deserve compensation from the United States. But the American victims of Iraqi torturers are not entitled to similar payments from Iraq, the U.S. government says. ``It seems so strange to have our own country fighting us on this,'' said retired Air Force Col. David W. Eberly, the senior officer among the former POWs. The case, now being appealed to the U.S. Supreme Court, tests whether ``state sponsors of terrorism'' can be sued in the U.S. courts for torture, murder or hostage-taking. The court is expected to decide in the next two months whether to hear the appeal. Congress opened the door to such claims in 1996, when it lifted the shield of sovereign immunity--which basically prohibits lawsuits against foreign governments--for any nation that supports terrorism. At that time, Iraq was one of seven nations identified by the State Department as sponsoring terrorist activity. The 17 Gulf War POWs looked to have a very strong case when they first filed suit in 2002. They had been undeniably tortured by a tyrannical regime, one that had $1.7 billion of its assets frozen by the U.S. government. The picture changed, however, when the United States invaded Iraq and toppled Hussein from power nearly two years ago. On July 21, 2003, two weeks after the Gulf War POWs won their court case in U.S. District Court, the Bush administration intervened to argue that their claims should be dismissed. ``No amount of money can truly compensate these brave men and women for the suffering that they went through at the hands of this very brutal regime and at the hands of Saddam Hussein,'' White House Press Secretary Scott McClellan told reporters when asked about the case in November 2003. Government lawyers have insisted, literally, on ``no amount of money'' going to the Gulf War POWs. ``These resources are required for the urgent national security needs of rebuilding Iraq,'' McClellan said. The case also tests a key provision of the Geneva Convention, the international law that governs the treatment of prisoners of war. The United States and other signers pledged never to ``absolve'' a state of ``any liability'' for the torture of POWs. Former military lawyers and a bipartisan group of lawmakers have been among those who have urged the Supreme Court to take up the case and to strengthen the law against torturers and tyrannical regimes. ``Our government is on the wrong side of this issue,'' said Jeffrey F. Addicott, a former Army lawyer and director of the Center for Terrorism Law at St. Mary's University in San Antonio. ``A lot of Americans would scratch their heads and ask why is our government taking the side of Iraq against our POWs.'' The POWs' journey through the court system began with the events of Jan. 17, 1991--the first day of the Gulf War. In response to Hussein's invasion of Kuwait five months earlier, the United States, as head of a United Nations coalition, launched an air attack on Iraq, determined to drive Iraqi forces from the oil-rich Gulf state. On the first day of the fighting, a jet piloted by Marine Corps Lt. Col. Clifford Acree was downed over Iraq by a surface-to-air missile. He suffered a neck injury ejecting from the plane and was soon taken prisoner by the Iraqis. Blindfolded and handcuffed, he was beaten until he lost consciousness. His nose was broken, his skull was fractured, and he was threatened with having his fingers cut off. He lost 30 pounds during his 47 days of captivity. Eberly was shot down two days later and lost 45 pounds during his ordeal. He and several other U.S. service members were near starvation when they were freed. Other POWs had their eardrums ruptured and were urinated on during their captivity at Abu Ghraib. All the while, their families thought they were dead because the Iraqis did not notify the U.S. government of their capture. In April 2002, the Washington law firm of Steptoe & Johnson filed suit on behalf of the 17 former POWs and 37 of their family members. The suit, Acree vs. Republic of Iraq, sought monetary damages for the ``acts of torture committed against them and for pain, suffering and severe mental distress of their families.'' Usually, foreign states have a sovereign immunity that shields them from being sued. But in the Anti-Terrorism Act of 1996, Congress authorized U.S. courts to award ``money damages . . . against a foreign state for personal injury or death that was caused by an act of torture, extrajudicial killing, aircraft sabotage [or] hostage taking.'' This provision was ``designed to hold terrorist nations accountable for the torture of Americans and to deter rogue nations from engaging in such actions in the future,'' Sens. Susan Collins (R-Maine) and George Allen (R-Va.) said last year in a letter to Atty. Gen. John Ashcroft that urged him to support the POWs' claim. The case came before U.S. District Judge Richard W. Roberts. There was no trial; Hussein's regime ignored the suit, and the U.S. State Department chose to take no part in the case. On July 7, 2003, the judge handed down a long opinion that described the abuse suffered by the Gulf War POWs, and he awarded them $653 million in compensatory damages. He also assessed $306 million in punitive damages against Iraq. Lawyers for the POWs asked him to put a hold on some of Iraq's frozen assets. No sooner had the POWs celebrated their victory than they came up against a new roadblock: Bush administration lawyers argued that the case should be thrown out of court on the grounds that Bush had voided any such claims against Iraq, which was now under U.S. occupation. The administration lawyers based their argument on language in an emergency bill, passed shortly after the U.S. invasion of Iraq, approving the expenditure of $80 billion for military operations and reconstruction efforts. One clause in the legislation authorized the president to suspend the sanctions against Iraq that had been imposed as punishment for the invasion of Kuwait more than a decade earlier. The president's lawyers said this clause also allowed Bush to remove Iraq from the State Department's list of state sponsors of terrorism and to set aside pending monetary judgments against Iraq. When the POWs' case went before the U.S. Court of Appeals for the District of Columbia Circuit, the three-judge panel ruled unanimously for the Bush administration and threw out the lawsuit. ``The United States possesses weighty foreign policy interests that are clearly threatened by the entry of judgment for [the POWs] in this case,'' the appeals court said. The administration also succeeding in killing a congressional resolution supporting the POWs' suit. ``U.S. courts no longer have jurisdiction to hear cases such as those filed by the Gulf War POWs,'' then-Deputy Secretary of State Richard L. Armitage said in a letter to lawmakers. ``Moreover, the president has ordered the vesting of blocked Iraqi assets for use by the Iraqi people and for reconstruction.'' Already frustrated by the turn of events, the former POWs were startled when Rumsfeld said he favored awarding compensation to the Iraqi prisoners who were abused by the U.S. military at Abu Ghraib. ``I am seeking a way to provide appropriate compensation to those detainees who suffered grievous and brutal abuse and cruelty at the hands of a few members of the U.S. military. It is the right thing to do,'' Rumsfeld told a Senate committee last year. By contrast, the government's lawyers have refused to even discuss a settlement in the POWs' case, say lawyers for the Gulf War veterans. ``They were willing to settle this for pennies on the dollar,'' said Addicott, the former Army lawyer. The last hope for the POWs rests with the Supreme Court. Their lawyers petitioned the high court last month to hear the case. Significantly, it has been renamed Acree vs. Iraq and the United States. The POWs say the justices should decide the ``important and recurring question [of] whether U.S. citizens who are victims of state-sponsored terrorism [may] seek redress against terrorist states in federal court.'' This week, Justice Department lawyers are expected to file a brief urging the court to turn away the appeal.

Mr. STUPAK

Mr. STUPAK. Mr. Speaker, I rise today to honor a community in my district that is celebrating its 100th anniversary as a city. Tomorrow, the residents of West Branch, Michigan celebrate this great milestone. The land that is now West Branch began as a timber town in 1875, blessed with a mixture of soft and hardwoods. As many timber towns dissolved with the depleting timber supply, the early community leaders of West Branch had the foresight to replenish the forests through a conservation plan funded through a timely oil boom that contributed greatly to the economy. Located on the Michigan's largest railroad line, West Branch is roughly halfway between the southern State line and the Mackinac Bridge. Three old Native American Chippewa Trails that convened in West Branch transformed into what is now known as highways, M-76, M-30 and M-55 making that area a major hub for the increasing transportation. It was in 1905 that the State of Michigan recognized West Branch for 30 years of solid growth by granting them incorporation as a City. The State further noted that the area's escalating commerce in the farm industry also attributed to the cause for incorporation. Agriculture, still today, remains the area's largest economic resource. Through the years, the community has dramatically evolved. In the 1930s and 40s West Branch grew its recreational attractions by establishing Trout Festivals and Alpine Ski facilities as well as promoting its suitability for hunting, fishing and agriculture. In the 1950s and 60s the City focused on highway and land development that brought the most famous highway in the state, I-75, directly through their emerging community. During the 70s, 80s and 90s the city experienced an economic boom and acquired two industrial parks. One of the parks was bestowed a ``smiley-face'' water tower, which is now the trademark of the City. The other, eventually became home to Tolfree Memorial Hospital, West Branch Regional Medical Center and the state- of-the art Seaton Cancer Center. The West Branch of today, with a population of 1,924, serves as the County seat for Ogemaw County. This fast growing community's expanding commerce, with its own Community Airport and bustling outdoor shopping mall contrasts the Victorian downtown that embraced its rich history during their recent streetscape enhancement. Mr. Speaker, I can personally attest to the broadly shared opinion that West Branch is a warm and welcoming community. When the city was added to my new district after the 2000 census I held an open house for my district office there in order to get to know my new constituents. I was impressed by the thoughtful questions of the people who attended and was touched by their welcome to me as their new Representative. Since then, I've held a healthcare forum in West Branch, visited with the West Branch Area Business and Professional Women's Club and even had the honor of throwing the first pitch at the West Branch Little League games. I continue to be very proud to represent the fine community of West Branch in Congress. Mr. Speaker, I ask the United States House of Representatives to join me in congratulating the City of West Branch and its residents on their first 100 years and in wishing them well through the next century.

Mr. STUPAK

Mr. STUPAK. Mr. Speaker, I rise today to thank a retiring Michigan state legislator for his service. State Representative Scott Shackleton has just completed his third and final term representing the 107th District of the Michigan House, which includes Chippewa, Mackinac, and Emmet Counties, as well as a part of Cheboygan County. I appreciate Representative Shackleton's six years of service to the people of Northern Michigan. Like all of us who represent this rural part of the state, he has worked to make sure our region gets its fair share in his role as Chairman of the House Appropriations Transportation Subcommittee. I also want to mention Representative Shackleton's family. He and his wife Karen have two young sons, Henry and John. Each of us who has served in public office when we have young children at home know the sacrifices that families make in order to represent our communities. I am sure that the Shackleton family has made those sacrifices, and they deserve our thanks as well. Mr. Speaker, I ask the House of Representatives to join me in recognizing Representative Shackleton for his service to the people of Northern Michigan, and in wishing him well as he leaves public life.

Mr. STUPAK

Mr. STUPAK. Mr. Speaker, I rise today to pay tribute to the players, coaches and managers of the 2004 Carney-Nadeau High School Wolves girls basketball team in recognition of their outstanding season. The 24-2 Wolves went to the Michigan Class D semi-finals this year, winning Conference, District and Regional titles along the way. Carney-Nadeau may be one of the smallest schools in their division, and in my district, but they have been a force to be reckoned with in the Upper Peninsula and statewide. Their trip to the state semi-finals on December 2nd at the Breslin Center in East Lansing continued their streak of post season success that started with a State Championship in 2001. In 2002, they went to the state semi-finals, and to the regional finals in 2003. This tradition of excellence motivated the team all season long. But it is a tradition that has deep roots in this small but close-knit Upper Peninsula community. The basketball program is supported by fundraisers run by the players, and the community turns out to demonstrate that the team is important to them, and that they share the young women's pride in their on-court and off-court successes. It also gives them a real sense of ownership of the team and their community. This support is not surprising when you know that Carney-Nadeau Public Schools is a district with grades K-12 in one building, giving it a family atmosphere where the older students, and especially the athletes, provide strong role-models for the younger ones. This sense of family is perhaps best represented by the team meals that the players' families take turns preparing before each game. It is hard to talk about the Carney-Nadeau Wolves success this year without mentioning All-State senior Carly Benson. The 6-foot-2 center averaged 22.4 points, 11.1 rebounds, 5.1 blocks, 5.1 steals and 4.8 assists and shot 62 percent this year on her way to being named the Class D Player of the Year. But on this team, all the players are leaders, and the team captain role rotated each game. Mr. Speaker, each of these players deserves to be recognized, along with the coaches, managers, and school officials that were instrumental to their success, and I want to take a moment to share their names with my colleagues. Team members: Katee Retaskie, Amanda Poupore, Lacey Retaskie, Meghan Schetter, Carly Benson, Jenny Grabowski, Rachel Kuntze, Roseann Schetter, Laurie Tuinstra, Ashley Folcik, Tarra Moran, and Meghan Marsicek. Head Coach Paul Polfus, who is 482-120 in 25 years of coaching at Carney-Nadeau; Assistant Coaches Randy Severinsen, and Jon Ray; Trainer Marty Laurila; Managers Matt Polfus, Cory Thiry, Pete Adams, and Jared Benson; Athletic Director Ron Solberg; and Superintendent/Principal Ken Linder. While their loss to Portland St. Patrick High School was disappointing, I know the Carney-Nadeau Wolves are rightly proud of their outstanding season, and all of the hard work, love, determination, perseverance, optimism, and skill they put in to it. Mr. Speaker, I ask the House of Representatives to join me in congratulating the Carney-Nadeau girls basketball team, their classmates, parents, and community on their success in the 2004 season and in wishing them well when they hit the court again in the fall.

Mr. STUPAK

Mr. STUPAK. Mr. Speaker, I rise today to pay tribute to the players, coaches, and managers of the 2004 Forest Park High School Trojans football team in recognition of their outstanding season. After losing 17 seniors from last year's team, the Trojans not only made the playoffs, but made it all the way to the Division 8 State Finals on November 26, 2004, at the Pontiac Silverdome. This group of young men from the Crystal Falls area in Michigan's Upper Peninsula truly deserves our hearty congratulations. While their 12-2 record is impressive in its own right, the way the Forest Park Trojans won is even more remarkable. After losing their first game of the season, the Trojans made some changes and rose to the occasion, winning their next 12 straight games. They were a team of young men that brought an unselfish attitude to the game that many college and professional players could learn from. Each one of them knew they had a role to play, and cared more about helping the team win than being the ``star.'' Throughout the season, the team's motto was, ``Whatever it takes.'' After defeating Baraga High School for the District title, Posen High School for the Regional title, and a dramatic 12-8 win over a Beal City team that seemed unbeatable in the Division 8 semifinal, the Forest Park Trojans faced off against Climax-Scotts High School at the Pontiac Silverdome for the State championship. The Crystal Falls community was behind their team 110 percent. One call to a local radio station letting people know that they could make donations to help the team, cheerleaders and the band make the trip down-state for the championship game yielded over 100 contributions. When the big day finally came, the Trojans suffered a heartbreaking loss. But they handled it with the same class and character that got them to the finals in the first place. They realized that they achieved their goal just by playing in that championship game, and that they would be back. Many of the players who are returning next year are already hitting the weight room and looking forward to a new season, and to passing on the tradition of teamwork and hard work that made this season so special. Mr. Speaker, each member of this team deserves to be recognized, and I want to take a moment to share their names with my colleagues. Team members: Dan Surface, Clay Roberts, Cory Padilla, Joe Mussatto, Kyle Roberts, Andrew Gussert, David Lesandrini, Brandon Stebbins, Ryne Neyrick (All-U.P. First Team running back and All-State Honorable Mention), Seth Chernach, Joe Chernach (Captain, All-U.P. and All-State first team defensive back and return specialist), Bryan LaChappelle, Erik Peterson, Scott Santilli (Captain, All-U.P. First Team defensive end), Tim Wheeler, Kyle La Vacque, Stefan Randjelovic, Nick McCarthy, Ryan Martin (All- State First Team offensive guard), Kevin Takala, Calix Sholander, Gary Willman, Rob Boussum, Eric Lato, Dustin Skibo, Mark Harrison (All-U.P. First Team lineman), Josh Bicigo, Brian Fabbri, Jody Gillespie, Nikos Kosmopoulos, Brad Anderson, Pat Peterson (All-U.P. First Team tight end), and Josh Novak. Head Coach Bill Santilli; Assistant Coaches Dave Graff, Gerard Valesano, Bill Todish, Jeff Chernach, and Dan LaPoint; Trainer Mark Nylund; and Managers Bryant Wheeler, L.J. Burns, and David Burns. Mr. Speaker, I ask the House of Representatives to join me in congratulating the Forest Park High School football team, their classmates, parents, and community on their exceptional season and in wishing them well when they take the field again in the fall.

Mr. STUPAK

Mr. STUPAK. Mr. Speaker, I rise today to pay tribute to the players, coaches, and manager of the 2004 Newberry High School Indians football team in recognition of their outstanding season. The 10-3 Indians went to the Michigan Division 7 Semi-Finals, winning the school's first district and regional championships along the way. Newberry is a small, close-knit community in Michigan's Upper Peninsula that loves its high school sports. This year, the Indians gave them a season to remember. In the fifth week of the season, Newberry faced Munising High School on the road. After a hard fought game, the Indians won 21-14, winning in Munising for the first time in 20 years. In the last game of the regular season, the Indians renewed an old rivalry with Sault Sainte Marie High School. It had been several years since Newberry and the Soo played for the ``Little Brown Jug'' but the Indians rolled to a 20-0 victory, reclaiming the Jug. During the playoffs, Newberry defeated Inland Lakes 44-0 and Manistique 20-8 to win the school's first district title. In the regional finals against McBain, the team was down going into the 4th quarter. But Newberry stuck it out, scoring with just over 7 minutes to go and hanging on for their first regional title. Though they were defeated in the State semi-finals, it was by Unionville-Sebewaing, the eventual Division 7 State champions. In short Mr. Speaker, the Newberry Indians had their finest season in memory, and this was in large part due to the outstanding leadership of the squad's seniors. All year long, they kept the team energized and confident. The Indians always took the field believing they were going to win, have fun and work hard for four quarters. Quarterback David Carmody, was a particularly strong leader among those graduating seniors. This young remarkable young man brought a unique perspective to the pressures ofthe game: he is a leukemia survivor. Diagnosed in 1996, a 9-year-old David had to face being sidelined from school and sports. After 4 years of treatments, David has been in remission since 2000. His coaches described him as an incredibly calm leader who never let anything on the field phase him. In fact, he often calmed them down during tense moments. In addition to helping lead the Newberry Indians to their best season ever, David was named to the All-Conference 1st Team as both quarterback and defensive back. But while David's story is extraordinary, each and every member of this team deserves to be recognized for their hard work this year, and I would like to take a moment to share their names with my colleagues. Team members: Derek Taylor, Andrew Schultz, Luke Shilling, David Carmody (All Conference 1st Team quarterback and defensive back), D.J. Bouchard, Dan Schummer (All-Conference 1st Team receiver and 2nd Team defensive back), Mike Houghton, Tony Perry, Stuart Papist, Mark Brooks, Corey Nicholson, Jake Pann (All-Conference 2nd Team running back), Jeremy Maeder, Zac Sarelle, Chuck Masterson, Nick Christiansen (All- Conference 1st Team linebacker), Zach Clickner, Avery Allison, Jonathon Bontrager, Kyle Ery, Caleb Flory, Mat Conway, David Burke, Ryan Bolda, Alex Herbst, Travis Stokes (All-Conference 1st Team lineman), Dustin Zitnik, Adam Holcomb, Kyle Bryers, Brian Morrison, John Pope, Matt Payment (Detroit Free Press All-State Team, Conference Defensive Player of the Year, All-Conference 1st Team lineman and defensive lineman), Justin Neff (All-Conference 2nd Team defensive lineman), Brandon Wheeler, Jay Thompson, Mark Doke, and Nathan Hines. Head Coach Brandon Bruce; Assistant Coaches Bruce Dake, Jeff Puckett, Cliff Fossitt Jr., Fred Bryant, Larry White, Bob Cameron, and Randy Fretz; and Manager Derek Dake. Mr. Speaker, I ask the House of Representatives to join me in congratulating the Newberry High School Indians football team, their classmates, parents, and community on their outstanding season and in wishing them well when they take the field again in the fall.

Mr. STUPAK

Mr. STUPAK. Mr. Speaker, I rise today to pay tribute to the players, coaches, and manager of the 2004 Charlevoix High School Rayders Girls Basketball team in recognition of their outstanding season. After an undefeated regular season, the Rayders continued their success in the playoffs, making it to the Class C state finals, and winning district and regional titles along the way. While their 20-0 regular season, and seven post season wins, are impressive in their own right, the spirit of teamwork and unselfish play that the Rayders brought to the court this year was a shining example of what athletics should be about. All year, these young women, including the team's best players, were willing to play their role and do whatever it took to win. One of the best examples of this was the team's performance in the state semi-finals and finals. After a year in which every game was a double-digit victory, the Charlevoix Rayders traveled to the Breslin Center in East Lansing, Michigan for the final two rounds of the playoffs where they would face their first stiff competition. Charlevoix led Flint Hamady for almost all of the semi-final game on December 2, going into the 4th quarter up by ten points. Their opponent was not about to lose without a fight though, and with just under four minutes to go, Flint took a three-point lead. After two free throws by guard Laura Nitchman, All-State center Grace Farrell made a lay up to put the Rayders ahead for the win. The final score was 70-67 sending Charlevoix on to the state finals. Though they lost to Detroit St. Martin dePorres two days later in the finals, the Rayders knew they had an incredible season. They appreciated the experience of playing in the Breslin Center and competing for the state championship. Just like they had all season, they showed character, class, and heart. The commitment to success displayed by this team is no surprise to anyone familiar with the city of Charlevoix, which is a warm, close- knit community on Lake Michigan. As always, the ``Rayder Nation'' was right behind these young women who gave them a season to remember. Mr. Speaker, each member of this team deserves to be recognized and I want to take a moment to share their names with my colleagues. Team Members: Madison McKenzie, Madison Ramsey, Jaime Pettis, Laura Nitchman, Liz Jadwin, Stevie Murray, Shannon Dibble, Kari Way, Sara Cross, Genevieve Kochanny, Grace Farrell, Betsy Dennis, Caitlyn Cole, Sally Haselschwardt, and Bethany Pearson. Head Coach Keith Haske; Assistant Coaches Bret Erskine, Jim Gels, and Liz Grunch; Trainer Joelle Beaudoin; and Manager Chelsey Haske. Mr. Speaker, I ask the House of Representatives to join me in congratulating the Charlevoix Rayders girls basketball team, their classmates, parents, and community on their success in the 2004 season and in wishing them well when they hit the court again in the fall.

Mr. STUPAK

Mr. STUPAK. Mr. Speaker, I rise today to pay tribute to an outstanding member of the Michigan State Police, First Lieutenant Kevin Denecke. On January 28th, F/Lt. Denecke retired as the Commander of the Manistique State Police Post in Michigan's Upper Peninsula, closing the final chapter of his career dedicated to serving the people of the State of Michigan. F/Lt. Denecke's 25 years as a law enforcement officer and leader stand as a shining example to us all. A native of the Detroit area, Kevin R. Denecke graduated from Edsel Ford High School in Dearborn, Michigan in 1974. He then went on to attend Northern Michigan University in Marquette where he earned a Bachelor of Science degree in law enforcement and security administration, graduating cum laude in 1978. In the fall of 1979, Kevin began his career with the Michigan State Police as a graduate of the 96th Recruit School, and was assigned to the Munising Post. Over the years he has served in communities across the State of Michigan as a shift supervisor, a narcotics officer, on the Governor's security detail, and as a unit commander. In May 1989, he was promoted to Detective Lieutenant and became the commander of the Upper Peninsula Substance Enforcement Team (UPSET). During his final tenure as commander of UPSET, his multi-jurisdictional street narcotics team covered twelve counties of Michigan's Upper Peninsula. After three years leading UPSET, Mr. Denecke was promoted to First Lieutenant, and made commander of the Manistique Post. Known as ``the LT'' to the officers at the post, F/Lt. Denecke has earned a reputation throughout his career as a strong leader who goes out of his way to help the officers under him grow and advance professionally. On a personal note, Mr. Speaker, as a former State Trooper myself, I have had the pleasure of knowing F/Lt. Denecke over the years, particularly during his time undercover and when he was on the Governor's detail. I have always enjoyed his friendship, and admired his service to the people of Michigan's First Congressional District. Although F/Lt. Denecke's career with the Michigan State Police has ended, he will continue to serve the public as the Michigan Municipal Risk Management Authority's Upper Peninsula representative. In this new role, he will be helping local governments reduce their personal and liability risks while better serving their residents. Mr. Speaker, I ask the House of Representatives to join me in thanking First Lieutenant Kevin R. Denecke for his 25 years of service to the people of the State of Michigan and in wishing him well in his new position. His commitment to community and to justice have been a model of public service. He will be missed by the Michigan State Police and the people he so competently and bravely served.

Mr. STUPAK

Mr. STUPAK. Mr. Speaker, I regret that I was not able to attend today's vote regarding the objection to the November 2004 electoral college results in Ohio. This recorded vote was not expected and came up at the last minute. I was unable to return for the vote in time due to bad weather in the Midwest that resulted in more than 1,000 flights being delayed or cancelled. Due to the problem with flights and a prior family commitment, I was unable to travel back to Washington, DC from Michigan. Had I been in attendance I would have voted ``no'' on agreeing to the objection. However, I have very serious concerns about the voting irregularities that occurred in Ohio. I believe those problems have not been properly addressed by Ohio's Secretary of State, who also served as the State's Republican Party leader. It is my hope that these specific problems will be further investigated and that by the 2008 presidential election our Nation's electoral process will be more fair, more open and more accessible than it was in 2004.

Mr. STUPAK

Mr. STUPAK. Mr. Speaker, I rise today to pay tribute to an outstanding local official in Michigan's First Congressional District. John T. Lewinski will be leaving the Gogebic County Board of Commissioners in January after 18 years of service. His years of work on behalf of his community represent the very best of Northern Michigan. Mr. Lewinski's dedication to service should not surprise us though. As a member of the Greatest Generation, he joined the Navy during World War II, and served in the Pacific as a Navy Seabee in Guam. Like so many of his generation, John Lewinski returned home and worked to improve the country he risked his life to protect. From 1966 to 1983, Mr. Lewinski was a forester's aide with the Gogebic County Forestry Department, working to preserve the Upper Peninsula's treasured forests. In January 1987, he joined the Gogebic County Board of Commissioners for the first time. Since then, John Lewinski has served as chairman of the Gogebic County Board of Commissioners, chairman of the Airport Board, chairman of the Gogebic County Transit Board, chairman of the Community Mental Health Board, chairman of Western U.P. Substance Abuse, a board member of the Community Action Agency, and in 2002, as the chairman of the Upper Peninsula Association of County Commissioners. Mr. Speaker, John T. Lewinski has had an extraordinary career of service to his community and to our Nation, and I am sure that he will continue his work even after he steps down as a county commissioner. I know that his wife of more than 50 years, Patricia, his three children and five grandchildren are very proud of him, and they should be. John Lewinski's commitment to his family and his community serves as an example to all of us. I ask the U.S. House of Representatives to join me in honoring him, and thanking him for his service.

Mr. STUPAK

Mr. STUPAK. Mr. Speaker, I ask unanimous consent to proceed out of order.

Mr. STUPAK

Mr. STUPAK. Mr. Speaker, I come here tonight concerned about drug safety and to speak out to protect our children from the acne drug Accutane. As a legislator, I have called for more restrictions on the distribution of this drug, which is known to cause severe birth defects and a form of impulsive behavior and depression in people taking this drug. This drug has devastated my family with the loss of our son BJ and more than 250 other families who have lost their young son or daughter while he or she was taking the drug Accutane. Recent news stories concerning the safety of prescription drugs have quoted an FDA safety reviewer, Dr. David Graham, when he spoke to the Senate Finance Committee. Dr. Graham said, ``I would argue that the FDA as currently configured is incapable of protecting America against another Vioxx.'' He told the Senate Finance Committee that ``there are at least 5 other drugs on the market today that should be looked at seriously to see whether they should remain on the market.'' He cited the acne drug Accutane. Why Accutane? Accutane is the poster child for why we need an independent body to approve and review drug safety. Accutane causes horrendous birth defects and may cause psychiatric disorders such as depression and suicide. It is linked to over 250 suicides, according to the FDA. A recent study by Dr. J. Douglas Bremner demonstrates how Accutane affects the brain, possibly causing impulsive behavior due to changes in the orbitofrontal cortex. This is the front part of the brain. This is an area known to mediate depression. Our investigation, that of the Committee on Energy and Commerce, found that the dosage for Accutane may be way too high. Too much Accutane, a synthetic vitamin A, causes cerebri tumor or a pseudo tumor in some patients. Some pseudo tumor is a warning that is found on Accutane packaging, but what does it really mean? What it really means is it causes severe headaches. And while it acts like a tumor in the brain, it cannot be discovered. CAT scans will not show it. There is no evidence of a tumor. So what happens? As Dr. Bremner showed us here in this study of the orbitofrontal cortex, there is a decrease in the metabolism of the brain. This PET scan right here establishes a baseline of a person before they started Accutane, here on my far right-hand side. This PET scan of the same person 4 months later, while on Accutane, in the first PET scan, the color red representing brain activity in the front part of the brain. Now in the second PET scan after 4 months, notice very little red, representing decreased brain activity in the same person after 4 months of treatment on Accutane. Accutane decreases the metabolism in the front part of the brain. This is one slide that Dr. Bremner has shared with us. There is a 21 percent decrease in brain metabolism in this patient. This only occurred in some of the Accutane patients. Dr. Bremner also did PET scans with other patients taking oral antibiotics for acne, and none showed brain changes. It is not all Accutane patients who demonstrated a brain change, just those of who complained of headaches. Is the excessive dosage found in the current formula of Accutane that is prescribed to young people, is this the cause of the change of young people that we see? Medical evidence is clear that Accutane causes medical changes in the brain, and this may be what leads some people to take their own life through impulsive behavior. Even today, USA Today, dated 12/7/2004, ``Drug Maker Rebuffed Call To Monitor Users,'' a special report in USA Today. What did it say? That the manufacturer, Hoffman-LaRoche, knew that this drug causes depression and impulsive behavior, but it did not want to warn anyone for fear of loss of sales in the U.S. market. The medical evidence is clear. Accutane causes changes in the brain, and this may be what leads some young people to take their own life. Let us join with Dr. Graham, the Centers for Disease Control, and other health care groups that have expressed strong concerns about the safety of this drug and who have called for Accutane to be withdrawn from the market as far back as 1990. For 14 years these groups have been saying because of the birth defects and psychiatric impact of this drug, we should withdraw it from the market until we have some answers. Let us pull this drug from the market until we have all the answers surrounding this powerful, dangerous drug called Accutane. Is this decreased metabolism that we see here in the PET scan reversible? Will the brain repair itself? What amount or dose of Accutane is safe? What amount of Accutane can be safely taken by young people so the brain is not affected? These are questions that must be answered to protect our young people.

Mr. STUPAK

Mr. STUPAK. Mr. Speaker, I rise today to pay tribute to a man who has made remarkable contributions to the health of the people of northern Michigan. Ralph Cerny is retiring from his position as CEO of the Munson Medical Center in Traverse City on December 31st, closing a long career dedicated to providing his community with quality health care. Mr. Cerny's 38 years as a hospital administrator and community leader serve as a shining example of his profession. In 1964, Ralph Cerny graduated from Cornell University with a Bachelor's Degree in Economics. The year before, he actually had his first experience at Munson Medical Center, working as a summer intern. From Cornell University, Ralph went on to study Hospital Administration at the University of Michigan, where he not only earned a Master's degree, but also met his wife, Maureen. After graduating from U of M in 1966, Ralph began his career as an Associate Administrator at the University of Nebraska Medical Center in Omaha. He remained there for seven years, but in 1973, he returned to Michigan as the CEO of the Memorial Medical Center of West Michigan in Ludington. In 1985, the long-time CEO of Munson Medical Center, Jack Bay, asked Ralph to move north and join Munson as Chief Operating Officer. He accepted, and began a 19 year tenure that saw Munson grow into a nationally-recognized hospital and health care provider at the center of a regional network of community-based hospitals. In his eight years as COO, and eleven years as CEO, Munson Medical Center has created a cardiovascular program that has been recognized on four occasions for superior clinical and operational performance; opened a new South Tower for patient care, opened a new ambulatory surgery center; and initiated an air ambulance service. This excellence has not gone unnoticed either. Munson received the National Quality Health Care Award in 2000 and was named one of the Nation's Top 100 hospitals six times. In short, Mr. Speaker, Ralph's leadership has had a lasting impact on the quality of care at Munson Medical Center, and on the quality of life in the Grand Traverse Region. I worked closely with Ralph Cerny and the Munson Medical family, and I have seen firsthand his dedication to his work and to his community. While Ralph will be missed at Munson, he has more than earned this retirement. As much as he has given to his career, Ralph has always had time for his family, and I know he looks forward to spending more time with his wife Maureen, their three sons Tim, Tyler, and Ryan, and their five grandchildren. I also suspect he will spend more time indulging in two of his favorite pastimes: golf and downhill skiing. Mr. Speaker, Ralph Cerny's commitment to his family, his community, health care, and Munson Medical Center serves as an example to all of us. I ask the House to join me in honoring him, thanking him for his service, and wishing him well in his retirement.

Mr. STUPAK

Mr. STUPAK. Mr. Speaker, this week marks the 2-year anniversary of the strike of the nurses at Northern Michigan Hospital in Petoskey, MI, which began on November 14, 2002. This strike is now the longest nurses' strike in our nation's history. Sadly, today many of these nurses have to travel to different communities to work. This strike has impacted local health care, and left a community divided. It needs to be resolved soon. This strike is even costing the hospital. NMH had an operating loss of over $11 million dollars, largely because of $14 million spent on replacement nurses. Over the past 2 years, the hospital administration has shown clearly that its objection to bargaining demands by the striking nurses is not a matter of cost, but of opposition to union representation. The bottom line is these nurses have voted twice for union representation, and they have a legal right to a contract. I will always support the right of employees to organize and to collectively bargain with their employers. Since the beginning of this strike, I have visited the nurses on the picket lines, met with the hospital administration, and held a town hall meeting in Petoskey. I have worked well with NMH over my 12 years in office and I have visited their facilities numerous times. It is time to bring back the experienced nurses who provided quality care at NMH for so long, and I urge the NMH administration to join the nurses and agree to binding arbitration or any other independent means so the community can move forward and heal. Every employee has the right to collectively come together, to unionize if they choose, and to address employment concerns with their employer. When labor disputes polarize the parties and negotiations break down, it is the responsibility of community residents and leaders to let each side know how they feel and to encourage both sides to stay engaged in meaningful discussions to resolve their differences. Any strike, any disruption of employment of any industry, divides and hurts the very fabric that composes any community. The NMH strike has torn at the very heart of the Petoskey area. It is time to end the division and reconcile the community, beginning with NMH.

Mr. STUPAK

Mr. STUPAK. Mr. Speaker, Dr. Graham, medical review officer of the FDA, told the Senate that there are a number of drugs that should be pulled from the market. One of the drugs that should be pulled from the market is the drug Accutane. This devastating drug has crippled America for some time and its youth. Not only has Dr. Graham called for the pulling of Accutane, but Dr. Huene, one of the first medical review officers to look at Accutane when it first came on the market, found serious problems with Accutane and asked for help and was ignored by the FDA. Dr. O'Connell, who suggested severe restrictions of the use of the drug Accutane, again was ignored by the FDA management. Dr. Graham has now come out against this drug, again being ignored by FDA management. Not only are these three medical review officers in the FDA calling for severe restrictions or pulling the drug from the market, but also the CDC backed in 1990 because of birth defects said this drug should be pulled from the market. The March of Dimes has said this drug should be severely restricted when used because of birth defects. Two FDA panels have come out and told the FDA, their own advisery panels, to severely restrict the use and distribution of this drug. Again they were ignored. It is time we pulled this drug Accutane from the market.

Mr. STUPAK

Mr. STUPAK. Mr. Speaker, I ask unanimous consent to take my special order at this time.

Mr. STUPAK

Mr. STUPAK. Mr. Speaker, it was an honor and a privilege to join with over 100 of my colleagues, Democrats and Republicans, and four U.S. presidents to dedicate the William J. Clinton Library in Little Rock, Arkansas. All of the four presidents spoke eloquently. I was especially moved by the words of former President George W. Bush when he said it not a Democrat or Republican day, but it was a great day for all Americans. I joined President Clinton in the 1992 election here in Washington to represent northern Michigan to do, as President Clinton challenged us then, to put people first. I have learned and tried to do that each day as a Congressman. I learned this not just from President Clinton but from my own father who was a local elected official in Delta County, Michigan. I come tonight to put people first, to put our children first as I continue to speak out against the acne drug Accutane. As a legislator, I have called for more restrictions on the distribution and use of this drug, which is known to cause severe birth defects and a form of impulsive behavior and depression in young people taking this drug. This drug has devastated my family with the loss of our son BJ and more than 250 other families who have lost their young son or daughter across this Nation who have lost them while they were taking Accutane. As we were flying back from Little Rock, Arkansas, CBS news ran a story tonight, and I quote an FDA safety reviewer, Dr. David Graham, when he spoke to the Senate Finance Committee. Dr. Graham said, ``I would argue that the FDA as currently configured is incapable of protecting America against another Vioxx.'' He told the Senate Finance Committee that ``there are at least five other drugs on the market today that should be looked at seriously to see whether they should remain on the market.'' He cited the acne drug Accutane. Why Accutane? Because of the horrendous birth defects, but also because of a recent study by Dr. J. Douglas Bremner. He has demonstrated how Accutane mediates depression, causes impulsive behavior due to changes in the orbito frontal cortex in the front part of the brain. That mediates depression. Depression is found in this part of the brain. Over the course of our investigation of the Committee on Energy and Commerce research, it has indicated that the current formula of Accutane may be about 240 times greater than what is necessary to be effective. Too much Accutane, a synthetic vitamin A, causes cerebri tumor or a pseudo tumor in some patients. This pseudo tumor is a warning that is found on the packaging, but what does it really mean? It means severe headaches. And while it acts like a tumor in the brain, it cannot be discovered. CAT scans will not show it. There is no evidence of a tumor. So what happens? As Dr. Bremner showed us here in a study of the orbito frontal cortex, there is a decrease in the metabolism of the brain. This is the baseline of a person before they started Accutane. This is post Accutane, or 4 months on Accutane. Notice the red brain activity in the front part of the brain. Notice very little red after 4 months on Accutane. It neutralizes or decreases the metabolism in this part of the brain. In this one slide that Dr. Bremner has shared with us, there is a 21 percent decrease in brain metabolism with this patient. This only occurred in Accutane patients. Dr. Bremner did the same thing with other patients on oral antibiotics. And it was not all Accutane patients, just those who complained of severe headaches. Is this excessive dosage found in the current formula of Accutane that is being given to patients, is this the cause in the change that we see? The medical evidence is clear that Accutane causes changes in the brain, which leads some young people to take their own life through impulsive behavior. Putting people first. Let us put children first. Let us join with the FDA drug safety reviewer and pull this drug from the market or, at a minimum, severely restrict the use and distribution of Accutane until we have all the answers about this powerful, dangerous drug. Is a decreased metabolism that we see here, is this reversible? Will the brain repair itself? How much Accutane is safe? What should the real dose be so we do not hurt the developing young brains of our children? Has the FDA done enough to protect our children? Has the FDA seriously looked at this study and similar studies in animal testing, which also demonstrate Accutane harms the brain? It is time to put our children first. It is time to pull this drug off the market until all of our questions are seriously answered. Put our children first. Mr. Speaker, I will submit for the Record the CBS news report and also a photocopy of the CAT scan from Dr. Bremner. Insider: FDA Can't Protect Public The American public is ``virtually defenseless'' if another medication such as Vioxx proves to be unsafe after it is approved for sale, a government drug safety reviewer told a congressional committee Thursday. ``I would argue that the FDA as currently configured is incapable of protecting America against another Vioxx,'' said David Graham, who warned that the arthritis drug had been linked to an increased risk of heart attack and stroke. He told the Senate Finance Committee that there were at least five other drugs on the market today that should be looked at seriously to see whether they should remain there. He cited the acne drug Accutane, the weight loss drug Meridia, the anti-cholesterol drug Crestor, the pain reliever Bextra, and the asthma drug Serevent. Vioxx's maker, Merck & Co. pulled the drug from the market on Sept. 30 after a study indicated the popular painkiller doubled the risk of heart attacks and stroke when taken for longer than 18 months. Raymond V. Gilimartin, the company president, said in prepared testimony that Merck acted within four days of learning about the risk. ``Given the availability of alternative therapies and the questions raised by the data withdrawing Vioxx was consistent with an ethic that has driven Merck actions and decisions for more than 100 years,'' he said. Gilimartin also said the company was surprised by the cardiovascular risk because it differed from past clinical trials. ``My wife was a user of Vioxx until the day we withdrew it from the marketplace,'' he said. The Food and Drug Administration has defended its actions regarding Vioxx. In a statement issued late Wednesday, the agency cited its ``well-documented and long-standing commitment to openness and transparency in its review of marketed drugs.'' ``What's come to light about Vioxx since Sept. 30 makes people wonder if the FDA has lost its way when it comes to making sure that drugs are safe,'' said Senate Finance Committee Chairman Charles Grassley, R-Iowa, as the hearing opened. Grassley suggested that an independent board of drug safety might be needed to ensure the safety of medications after they're approved for the market. ``Consumers should not have to second-guess the safety of what's in their medicine cabinet,'' he said. Graham told the committee that research indicated that Vioxx caused up to 160,000 heart attacks and strokes. ``If we were talking about Florida or Pennsylvania, 1 percent of the entire state population would have been affected,'' he said. ``I'm sorry to say Sen. Grassley, but 67 percent of the citizens of Des Moines would be affected and, what's worse--the entire population of every other city in the state of Iowa.'' Graham said his research helped to coax the FDA to withdraw a number of drugs including Fen-phen, a weight loss drug, Lotronex, Baycol and Rezulin. ``During my career I have recommended the market withdrawal of 12 drugs,'' he said. ``Only two of these remain on the market today.'' At the same time, though, he questioned the agency's commitment to removing unsafe drugs from the market, since it would call into question their earlier approval. Sen. Jeff Bingman, D-New Mexico, said the problem was within the FDA's own culture. ``The culture within the FDA, being one where the pharmaceutical industry, which the FDA is supposed to regulate, is seen by the FDA as its client instead,'' he said. He called on President Bush to appoint a new head for the agency. Lester Crawford has been acting commissioner of the agency. Lester Crawford's statement, sent by e-mail to reporters about 16 hours before the Senate Finance Committee's scheduled hearing on Vioxx, said the FDA initiated and paid for reviews of Vioxx and antidepressants after those drugs had hit the market. ``That is evidence the system is working,'' Crawford said. ``It's not working good for them to have a drug to be out on the market this long * * * and never really announcing that it was causing strokes and heart attacks,'' John Byrd of Coats, N.C., told CBS Radio News Thursday morning. He's a 47- year-old who had a heart attack last spring and is now suing the maker of Vioxx. Critics contend the agency ignored risks in both instances, then intimidated its own reviewers when they pointed to safety concerns. In October, the FDA ordered that all antidepressants carry warnings that they ``increase the risk of suicidal thinking and behavior'' in children who take them. Vioxx's maker, Merck & Co. pulled the drug from the market on Sept. 30 after a study indicated the popular painkiller doubled the risk of heart attacks and stroke when taken for longer than 18 months. ``I've never had any knowledge that it could cause a heart attack or blood clots or stroke. That's where I find a little shadiness in this recall,'' said Byrd, a Goodyear employee, who added the Vioxx paperwork only warned that it could upset his stomach. The FDA's statement disturbed lawyer Andy Birchfield, who is evaluating thousands of potential cases against Merck on behalf of injured patients. ``How can they see that type of problem and look back and say `We did everything right'?'' Birchfield said. ``When they're not willing to recognize mistakes, we have no hope for them voluntarily taking measures to correct the situation.'' Crawford's statement did not mention Graham by name, but suggested that the reviewer was a maverick who did not follow agency protocol. Graham was lead author on a research project that studied the records of almost 1.4 million Kaiser Permanente patients, including 40,405 treated with Pfizer's Celebrex and 26,748 treated with Vioxx. The study found that high doses of Vioxx tripled risks of heart attacks and sudden cardiac death. Vioxx was responsible for an additional 27,785 deaths from heart ailments from 1999 to 2003, Graham concluded. He has told congressional investigators that, superiors pressured him to soften his conclusions. Crawford said in his statement that the reviewer voluntarily chose to revise his conclusions, and he did so, in his own words, ``without compromising my deeply held convictions.''

Mr. STUPAK

Mr. STUPAK. Mr. Speaker, I rise today to commemorate the 130th anniversary of the creation of life-saving stations on the Great Lakes. Congressman McCotter and I recently introduced House resolution 750 to recognize the heroes who paved the way in improving modern maritime safety and enabling the Great Lakes shipping industry to take hold and expand in the early part of the 20th century. Despite facing long hours and low pay, these individuals risked their lives--tackling giant squalls and wrecked vessels to ensure the safety of individuals and property traveling on the Great Lakes. In all, the Great Lakes Life-Saving Service saved over 55,000 people and $110 million in property. In the late 1870s while Chief of the Revenue Marine Division of the Department of Treasury, Sumner Increase Kimball played a key role in redesigning the network of life-saving stations around the country and championed the idea of establishing stations on the Great Lakes. These life-saving stations, which became part of the United States Life-Saving Service, combined with the Revenue Cutter Service in 1915 to form the United States Coast Guard. The organization provided in these units serving the Great Lakes provided a basis for the new United States Coast Guard's search and rescue organization for years to come. I would like to thank Congressman McCotter for his efforts to acknowledge the heroic performance of the Life-Saving Service on the Great Lakes. Please join me in recognizing the personnel of the United States Life-Saving Service, especially the 20 brave rescuers who gave their lives in duty during the Services' existence, and Mr. Kimball for his commitment to marine safety on the Great Lakes, by supporting this resolution.