Member of Congress

Fred Upton

Role
Former Representative
State
MI
Party
Republican

Speeches

NORTHERN ROUTE APPROVAL ACT2013-05-22

Mr. UPTON

Mr. UPTON. We have two speakers--unless you'd like to yield some of your time to us. We still have two speakers. Do you just have one speaker left? Why don't you do one speaker, then we'll do one--one-one- one, and finish up.

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REPEAL OF PATIENT PROTECTION AND AFFORDABLE CARE ACT2013-05-16

Mr. UPTON

Mr. UPTON. Madam Speaker, since the law's passage over three years ago, the Energy and Commerce Committee has conducted rigorous oversight to educate the country on how the law impacts patients, providers, the economy, taxpayers, and states. At every turn, we have encountered an ugly reality filled with broken promises, rampant uncertainty, rising premiums, and harsh consequences on jobs and our economy. The alarm bells over how Obamacare will unfold are getting louder by the day: costs are going up, insurers are warning about premium increases, and small businesses are struggling with the choice about whether they can provide employees with coverage. One of the law's chief architects and ally of the president even scolded the administration over the looming ``train wreck.'' But as we fast approach the law's full implementation, the Obama administration is in full propaganda mode, and the facts don't seem to matter. Last week the president publicly declared, ``And whenever insurance premiums go up, you're being told it's because of Obamacare. Even though there is no evidence that that's the case.'' Mr. President, we have plenty of evidence, and sadly millions of Americans nationwide, from recent college graduates to older adults, will not be able to afford the law's rate shock. We have the plans of some of the nation's leading insurers for 2014, and the looming rate shock will be devastating. One of the nation's leading insurance companies that insures millions of folks predicts premiums will nearly double for individuals getting a new plan, those keeping their insurance will see an average increase of 73 percent, and some individuals could see increases of as much as 413 percent. The last three years have been littered with the Obama administration's broken promises. Today we keep our promise to the American people as we continue working to repeal this disastrous experiment, and work towards real solutions.

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HONORING DEKE TOMPKINS2013-03-21

Mr. UPTON

Mr. UPTON. Mr. Speaker, I rise today to recognize the departure of a valued member of my team, Mr. Deke Tompkins. A proud native of the Great Lakes State and a graduate of Michigan State University, Deke began working in my Washington, DC office as a staff assistant in 2006. Sitting in the front office, he quickly distinguished himself as a welcoming face to all who walked through the door. He was a great resource to those calling the office and made everyone he spoke with know that their voices were being heard. Deke worked his way up to legislative assistant, working on projects in the district and managing a broad legislative portfolio, including: national security, foreign policy, law enforcement, immigration, and labor issues, to name a few. But above all, Deke was a passionate advocate for Michigan's military service members, veterans, and their families, as well as our local farmers and the Great Lakes. Deke has been an invaluable member of our office--a team player who was always willing to pitch in wherever help was needed and a friend to us all. His enthusiasm in the office was contagious; his intense love for all things Michigan State unmatched. A hardworking, humble, and selfless person, Deke made a lasting impact in the lives of many, which is what public service is all about. Our team will not be the same without him. Mr. Speaker, I am proud to recognize Deke Tompkins and his outstanding service to the folks of Michigan's Sixth Congressional District. I wish him all the best in his future endeavors and know that he will continue on to do great things. Go Green!

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RECOGNIZING PAT MOODY2013-03-14

Mr. UPTON

Mr. UPTON. Mr. Speaker, I rise today to recognize a legend in Michigan broadcasting, Pat Moody, on forty remarkable years of service to the greater Michiana area. A native of Grand Rapids, Michigan, Pat came to Berrien County in 1973 as news director of WSJM Radio. We didn't let him get away. Now four decades later, Pat is the area's most well-recognized on-air personality and host of the popular ``Moody in the Morning'' radio show. Thousands of households and commuters tune in every morning as Pat informs, enlightens, and entertains. Like that first cup of coffee or newspaper over breakfast, Pat has become a morning staple for folks in Michigan's Great Southwest. While perhaps best known as the area's favorite radio personality, Pat is also widely recognized as a passionate and engaged member of his community and an outspoken champion of all things Michigan. Pat has served as Executive Vice President of the Cornerstone Chamber of Commerce for nearly two decades; authors a weekly business column, ``Moody on the Market;'' and has participated in a diverse array of civic organizations and boards, including Lake Michigan College, the Lakeland Regional Health Foundation, Michiana public broadcasting, and the Berrien Community Foundation, just to name a few. Pat's hard work and selfless commitment to make Southwest Michigan a better place to live, work, and play has rightfully earned him the respect and admiration of the entire region. It is truly an honor to recognize Pat Moody on reaching this tremendous milestone; to have worked alongside him on so many issues and to call him friend for so many years. Well done and congratulations! He is a local treasure, and we look forward to many, many more years of waking up to his welcoming voice. But, he's more than just a voice . . . he's a Friend.

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PANDEMIC AND ALL-HAZARDS PREPAREDNESS REAUTHORIZATION ACT OF 20132013-03-04

Mr. UPTON

Mr. UPTON. Certainly, tonight I stand in support of this legislation, H.R. 307, the Pandemic and All-Hazards Preparedness Reauthorization Act of 2013. This legislation is going to help our Nation's families, local communities, first responders, and innovators as we prepare for and respond to public health emergencies, including those caused by terrorist attacks. As the Nation recovers from a severe flu season, the need to pass this legislation is evermore apparent. This bill is going to help families by requiring that the special needs of our Nation's children are taken into account as medical countermeasures move through the FDA process and are purchased for the Strategic National Stockpile. The bill also would require the Department of Health and Human Services to improve public health emergency preparedness, response, outreach, and communication with respect to children. H.R. 307 also would aid local communities and those on the front lines in disaster response, providing assistance to local law enforcement, emergency management and public health officials in planning, training and preparing for emergencies so that if disaster strikes their communities are ready. Last month, I had the opportunity to address the American Burn Association here in Washington. The bill's Hospital Preparedness Program is critical to them as it helps hospitals prepare for disasters that would result in a surge in the need for medical care. In addition, this legislation is going to help innovators as they develop medical countermeasures that may be necessary in the event of a biological, nuclear, radiological, or chemical attack. The bill contains provisions to improve the predictability, consistency, and transparency of the FDA process. These improvements will assist innovators in getting their medical countermeasures across the finish line. It is also important to note that H.R. 307 would reauthorize programs for 5 years at the fiscal year 2012 appropriated level. This bill would not create new programs; and according to the CBO, as Mr. Pitts said, it would not increase spending. The House bill passed back in January, and the Senate passed a nearly identical version of the bill last week by unanimous consent. Upon House approval today, this critical legislation will, in fact, head to the President to be signed into law, ensuring that our Nation is preparing for the unthinkable. I want to thank all of the Members who have worked on this issue, not only this year but last year--certainly Mr. Rogers of Michigan, Chairman Pitts, Mr. Waxman, Mr. Pallone, and Ms. Eshoo. I also want to thank our Senate colleagues--Senator Harkin, Senator Alexander, Senator Enzi, and Senator Burr--for their leadership on this issue as we got together and got this bill ready tonight. I urge my colleagues to support the bill.

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50TH ANNIVERSARY OF THE CITY OF PORTAGE, MICHIGAN2013-02-13

Mr. UPTON

Mr. UPTON. Mr. Speaker, I rise today to recognize the 50th anniversary of the City of Portage, Michigan--A Natural Place to Move. On February 18, 1963, residents of Portage Township voted 3,762 to 2,315 in favor of becoming a city. On December 31, 1963, the City of Portage was formally incorporated. From just over 20,000 residents in 1963, Portage is now home to over 46,000. Historically, Portage grew as a crossroads for traders in the 19th century and benefitted from fertile farmland and abundant natural resources. Today, Portage is a vibrant community with affordable, safe housing in well-maintained neighborhoods; hundreds of successful commercial and industrial businesses; and is the retail crossroads of southwest Michigan. This strong, diverse community is family-focused and proudly boasts over 2,000 acres of park and recreational space, 56 miles of bikeways, three nature preserves and seven lakes that connect its citizens and visitors to each other and the natural world. The City of Portage is a robust community that excels with an accredited public safety department, low tax rate, accredited senior citizen center, comprehensive and efficient city services, diverse employment opportunities, an excellent public school system, award- winning district library and world-class healthcare that together facilitate an economic climate that allows Portage residents to thrive. Quite simply, it is a great place to live, work, and play. Mr. Speaker, I am proud to recognize the City of Portage and applaud the city on its 50th anniversary. A momentous milestone for a remarkable community.

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NATIONAL PEDIATRIC RESEARCH NETWORK ACT OF 20132013-02-04

Mr. UPTON

Mr. UPTON. Mr. Speaker, this legislation, H.R. 225, the National Pediatric Research Network Act of 2013, indeed brings us a step closer to helping kids with unmet health needs, especially those with rare pediatric and genetic diseases. According to the NIH, there are more than 6,800 rare diseases, and most of them have no treatment or cure; and, yes, they primarily affect children. I've met a number of times with one family in my district, the Kennedys, who have two precious little girls, Brielle and Brooke. I actually call them Sleeping Beauty and Cinderella. They have the rare disease called spinal muscular atrophy. They're great kids, and Brielle and Brooke have been little warriors in our effort to make the National Pediatric Research Network a reality. It is so difficult to conduct research into these diseases due to the very small number of people with that disease, but tonight we're working to provide families like the Kennedys and so many others with greater hope for a cure or advances in treatment. This bill is going to support and coordinate research on rare pediatric and genetic diseases and help improve the health and well- being of these kids afflicted with these diseases. This bill establishes a national pediatric research network comprised of pediatric research consortia. These consortia are a proven way to overcome the gaps in research. They include leading institutions that act as partners to consolidate and coordinate research efforts. They're going to promote efficiency and collaboration, which is especially important when a disease impacts just a small number of kids. This bill is in essence the same bill as H.R. 6163 of the last Congress, which passed in September and was part of S. 1440 in December of 2012. Last month, in January, our committee, the Energy and Commerce Committee, passed this legislation on a very broad bipartisan voice vote. I want to particularly commend the author of the legislation, Lois Capps. I want to thank Cathy McMorris Rodgers on our side, the Republican side, for her leadership, as well as Joe Pitts, Mr. Waxman, and others. This is a bill that all of us should support, and I would urge my colleagues to do the same thing. It was unfortunate that last year it took the House a little while to pass this; and in the last waning days of the session, we couldn't get the Senate to move. This year, there's a reason why this is now one of the first bills to pass in the House: to give the Senate the time to get this thing done and get it to the President's desk to have him sign it into law so that he can help not only the Kennedys in my district, but the Kennedys literally in every district around the country and so many kids that deserve our help. We can make a difference tonight, and we will when we pass this on a bipartisan vote. I thank all those Members and staff, particularly, for getting this to the floor in such a timely fashion.

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PUBLICATION OF COMMITTEE RULES2013-02-01

Mr. UPTON

Mr. UPTON. Mr. Speaker, pursuant to clause 2(a)(2) of rule XI of the Rules of the House of Representatives, I present the Rules of the Committee on Energy and Commerce for the 113th Congress, which were adopted by the Committee on January 22, 2013.

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SPENDING REDUCTION ACT OF 20122012-12-20

Mr. UPTON

Mr. UPTON. Today, we take a stand for future generations as we work to get our $16 trillion national debt under control and as we put ourselves on a path towards a more sound fiscal future. In the Spending Reduction Act of 2012, we identified key areas to sensibly reduce spending in the effort to replace the blunt instrument known as the ``sequester.'' Without this thoughtful, balanced package of savings, in 2 weeks the sequester is going to cut discretionary spending indiscriminantly while shielding the lion's share of the government's budget from reductions. Critical priorities, such as important cancer research at the NIH and FDA review and inspection budgets to help keep foods and medicines safe, are on the chopping block because we have failed to engage in a substantive discussion on reforming entitlement programs that, in fact, threaten to derail the long-term solvency of the U.S. I am proud of the work of our committee. It has identified over $100 billion in savings over the next decade, and we accomplished it in a sensible, responsible manner. We say enough is enough to the litany of slush funds tucked into ObamaCare, slush funds that we discovered, through aggressive oversight, to be blank checks given to HHS that are going to cost taxpayers billions of dollars. We made commonsense changes to Medicaid that are going to put important programs on firmer ground. Among other reforms, we eliminated the Medicaid maintenance-of-effort requirement. This Federal mandate impedes a State's ability to implement program integrity measures, and it actually weakens the safety net by making it more difficult for States to target resources to the most vulnerable Americans. We achieved significant savings, as well, in something that was noticeably absent in the President's health care law, that being tort reform. The President declared in his 2011 State of the Union Message: I am willing to look at other ideas to bring down costs, including one that Republicans suggested last year--medical malpractice reform to rein in frivolous lawsuits. After 2 years of empty promises, now is the time for the President to fulfill that pledge and to finally put doctors, patients, and taxpayers first. That's in this bill. The House passed a budget and now legislation again that truly cuts spending to offset the automatic spending cuts, or sequester. Our debt grows by nearly $4 billion a day, and it's our kids and our grandkids who are going to pay the price if we stand by and do nothing. Without action, a $20 trillion debt could soon be a reality. So, if not us, who is going to do it? If not now, when is it going to happen? Our work is not easy, but it's necessary. It's time to make the tough choices to get this deficit down. Let's vote for this bill.

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PREMATURITY RESEARCH EXPANSION AND EDUCATION FOR MOTHERS WHO DELIVER INFANTS EARLY REAUTHORIZATION ACT2012-12-19

Mr. UPTON

Mr. UPTON. I, too, want to commend the Republicans and Democrats, who worked very, very hard to get this legislation to the floor and, hopefully, to the President's desk as soon as possible. I particularly commend Chairman Pitts and Ranking Member Pallone, Leonard Lance, Anna Eshoo, Lois Capps, and the staffs, really, on both sides. I made a commitment to all of these Members early on that we would work very diligently to get this legislation here, and we are finally here. Madam Speaker, this bill, S. 1440, known as the PREEMIE Reauthorization Act, is designed to strengthen health care for kids, particularly for vulnerable kids. Not only does the bill reauthorize the PREEMIE Act, but it also includes the reauthorization of the Children's Hospital Graduate Medical Education program, and it authorizes the National Pediatric Research Network. The original PREEMIE Act that I sponsored brought attention to the problems related to preterm birth, and since its passage, the preterm birth rate has declined. Good news. Yet, despite that improvement, according to the CDC, still a half a million babies are born prematurely every year in this country. That's one out of eight. We can and we must do better. This reauthorization will continue to strengthen the ongoing effort to track, prevent, and treat prematurity, ensuring that every child has a healthy start and a better chance at a healthy and a productive future. Madam Speaker, the National Pediatric Research Network brings us a step closer in providing more help to children with unmet health needs, particularly to those with rare pediatric and genetic diseases. I've met a number of times with a family in my district, the Kennedys, whose wonderful little daughters--Brielle and Brooke, who are affectionately known in our office as ``Sleeping Beauty'' and ``Cinderella''--have a rare disease called spinal muscular atrophy. It's often difficult to conduct research into these diseases due to the very small number of kids with that disease, but today, we are working to provide families like the Kennedys and so many others with greater hope for a cure or an advancement in the treatment. This bill will help establish pediatric research networks and the consortia that are effective in overcoming gaps in research. Networks and consortia will be comprised of leading institutions that will act as partners to consolidate and coordinate those research efforts.

Mr. UPTON. With the passage of the Children's Hospital Graduate Medical Education in 1999, freestanding children's hospitals began receiving funds to support their pediatric medical residency programs. As a result, the number of pediatricians in the U.S. has grown steadily. Today, over 40 percent of the pediatricians and pediatric specialists are trained in the 57 freestanding children's hospitals that receive this funding. A proven track record. We need to get it done. Again, I congratulate the Members on the floor today for getting this bill, hopefully, to the President's desk before the year is out.

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PANDEMIC AND ALL-HAZARDS PREPAREDNESS REAUTHORIZATION ACT OF 20122012-12-19

Mr. UPTON

Mr. UPTON. I particularly want to thank Mr. Rogers, who has helped shepherd this bill through our committee. I appreciate the very hard work of Chairman Pitts, Ranking Members Waxman and Pallone, along with all the members of our committee to get this bill done and to the floor this afternoon. Madam Speaker, this bill, the Pandemic and All-Hazards Preparedness Reauthorization Act of 2012, would reauthorize programs designed to encourage the development of medical countermeasures and improve the Nation's health infrastructure to help us respond to a terrorist attack. This bill is very similar to H.R. 2405, the Pandemic and All- Hazards Preparedness Act of 2011, which passed the House last year. This bill, H.R. 6672, reflects common ground reached between the House and Senate through months and months of bipartisan negotiations. I'm hopeful that the Congress, House and Senate, will enact the bill this week so that we can ensure that our Nation is prepared for the unthinkable. This bill reauthorizes the special reserve fund, the Biodefense Advanced Research and Development Authority, and public health preparedness programs, while eliminating duplicative reports. It also clarifies that the Assistant Secretary for Preparedness and Response is the leader of the Federal Government's efforts on preparedness and response. This clarification will help in removing duplication, improving coordination, and providing accountability. The bill also takes important steps to foster medical countermeasure development by ensuring that the FDA's regulations of medical countermeasures are predictable, consistent, and, in fact, transparent. Finally, the bill would provide additional flexibility for emergency distribution, stockpiling, and use of medical countermeasures so the Nation is prepared for whatever may happen. I would urge all of my colleagues to support the bill. Again, I commend Republicans and Democrats for working together on a bill that really does need to get to the President's desk.

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HONORING JAY PIERSON ON HIS RETIREMENT FROM THE HOUSE OF REPRESENTATIVES2012-12-18

Mr. UPTON

Mr. UPTON. Thank you so much. And I rise with so many to honor a really good friend, Jay Pierson. Years ago I came to this Capitol Hill as a congressional aide. I had the pleasure of working as a legislative aide at the White House, and then I headed Congressional Affairs at the Office of Management and Budget. And my job was what's going on; make sure my boss, the President of the United States, in essence, knew what was going on. That meant I had to have a direct line right here. And this was before C-SPAN. You couldn't turn on the TV and watch what's going on. Sorry. And by the way, Mr. Petri, there are 30 million people watching tonight as they let us honor Jay Pierson. But you had to know what's going on, and Jay was my contact. He was my link. He would let me know what was going on. I have to say that when I probably surprised a few people and became a Member and actually had a voting card here, he still had my back. He really did. And there's probably not a week, probably not a week certainly when we've been in session, but even when we've been out of session, that I haven't called his office to find out what's going on and be able to share with my colleagues and really do the people's business. We've had a great relationship, we really have. And just like he had my back, he had the back of every Member in this institution. He taught us the rules and the procedures, time on amendments, how to get things done. When we took over the majority and actually had to run the Speaker's chair, he knew the rules then and walked us and guided us through those procedures. And frankly, he did it the way that our Founding Fathers wanted it to be done. On our side of the aisle, he really followed folks who loved this institution, who really knew its rules, people like Billy Pitts and Ron Lasch and Jim Oliver and J.L. Cullen, and Peggy and Tim, who are here tonight. They care about not only the institution, but the people on both sides of the aisle to make sure that this place runs the way that it should.

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WELCOMING THE HONORABLE DAVID ALAN CURSON TO THE HOUSE OF REPRESENTATIVES2012-11-13

Mr. UPTON

Mr. UPTON. Mr. Speaker, I, too, wish Dave Curson a warm welcome in joining this body. We have great Members on both sides of the aisle. I will say, from the Republican perspective, that I don't think any of us knew you before. We surely look forward to getting to know you in the next couple of weeks. We know that you'll be an active Member, and we look forward to your service and to getting to know you well. And we wish you the very best.

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STOP THE WAR ON COAL ACT PRESS CONFERENCE2012-09-21

Mr. UPTON

Mr. UPTON. Mr. Speaker, ``When the work underground stops, everything above pays the price.'' That solemn observation was made by a TV reporter one week ago in Boone County, West Virginia. News was breaking that two local coal mines were soon going to be laying off workers--one preparing to layoff 116 miners in a matter of weeks. On Tuesday this week, we learned of Alpha Natural Resources will be closing 8 mines and laying off 1200 workers. I met with the Alpha CEO shortly after the announcement, and he lamented the administration's regulatory assault on coal. Sadly, the list of layoffs goes on because of the administration's ``all of the above, but nothing from below'' energy policy. Coal is the cornerstone of our economy--estimates suggest that every mining job creates an additional 3.5 jobs. We are electricity independent--and we want to stay that way. Coal is Abundant. Coal is Affordable. Coal is Reliable. Coal is Jobs. Today, the House will stand up for jobs, families, and affordable energy. We must Stop the War on Coal.

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NATIONAL PEDIATRIC RESEARCH NETWORK ACT OF 20122012-09-19

Mr. UPTON

Mr. UPTON. Mr. Speaker, I yield 2 minutes to the chairman of the Health Subcommittee, the gentleman from Pennsylvania, Joe Pitts, in support of the legislation.

Mr. UPTON. Mr. Speaker, I yield myself 3 minutes. Mr. Speaker, this legislation brings us a step closer to providing more help to children with unmet health needs, especially those with rare pediatric and genetic diseases. According to the National Institutes of Health, the NIH, there are 6,800 rare diseases, and most of these conditions have no treatment or cure, and they primarily affect children. I would guess that everyone in this Chamber is personally aware of the devastating impact of these diseases with some family that they know. I, myself, have spent some time with a family from my district whose children have spinal muscular atrophy, SMA. It is a very rare pediatric disease that is the leading genetic cause of death in infants and toddlers. These are great kids. I've got a picture of one of them here. When they came to see me, they told me that their names were Cinderella and Sleeping Beauty. They really are. These are just really marvelous children. They're great kids, and it's a source of real sadness that their disease is the kind that is often incurable and often untreatable. The barriers to research on rare and genetic diseases are those that are common to most research. It's already difficult to initiate the experimental and lengthy research needed to find treatments and cures; however, when the population of patients is so small, maybe only a couple dozen in a State, these problems are even more difficult to solve. This legislation is going to help us establish pediatric research networks and a consortia that are a proven way to overcome those gaps in research. Networks and consortia will be comprised of leading institutions that act as partners to consolidate and coordinate research efforts. It promotes efficiency and collaboration, especially when a disease affects just a small number of children. Mr. Speaker, I would urge all my colleagues to support this bipartisan legislation. I look forward to a strong vote tonight and working with our colleagues in the Senate to make sure that this bill really does get to the President's desk and makes a difference for families that are in search of something that will help them with their kids. With that, I reserve the balance of my time.

Mr. UPTON. Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 6163) to amend title IV of the Public Health Service Act to provide for a National Pediatric Research Network, including with respect to pediatric rare diseases or conditions, as amended.

Mr. UPTON. Mr. Speaker, I yield myself 30 seconds. I just want to again thank Mrs. Capps. As we met these families, we really did not know about these diseases until we saw their courage and what they do as they confront this every day. It's marvelous for me, as I now have visited my family that has this disease 2 years in a row. It's great to see them grow and remember where they were and to really think that there's going to be hope with the legislation that we can see that is done. With that, I yield 5 minutes to the gentlelady from Washington State, Cathy McMorris Rodgers, who has also been, as we look at a bipartisan leadership, a real trooper to move this legislation not only through our committee, but now on the House floor.

Mr. UPTON. Mr. Speaker, in closing, I know the hour is late. I would just urge my colleagues to support this bipartisan legislation. I, too, commend every Member that's had a role here and truly appreciate the staff to get this bill prepared and ready for us to vote on tonight. I yield back the balance of my time.

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VETERAN EMERGENCY MEDICAL TECHNICIAN SUPPORT ACT OF 20122012-09-19

Mr. UPTON

Mr. UPTON. Mr. Speaker, H.R. 4124, the Veteran Emergency Medical Technician Support Act of 2012, provides two important benefits. It addresses the shortages of emergency medical technicians (EMT) and it helps get our veterans back to work. Military medics receive some of the best medical and emergency training available while they serve our country. Yet, not all military medical training satisfies civilian EMT licensing and certification requirements. As a result, our returning veterans are unnecessarily prevented from working as an EMT when they re-enter civilian life. This bill will examine ways that states with a shortage of EMTs can streamline requirements so that military medics do not have to duplicate the education and training they received on the battlefield. Our vets will be put back to work, and critical workforce shortages in emergency care can be filled to meet public health needs. I proudly support this bill and urge my colleagues to support it. I yield the balance of my time.

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TAKING ESSENTIAL STEPS FOR TESTING ACT OF 20122012-09-19

Mr. UPTON

Mr. UPTON. Mr. Speaker, H.R. 6118, the Taking Essential Steps for Testing (TEST) Act of 2012, is an important measure that grants CMS the necessary flexibility to enforce its rules without unnecessarily punishing employers for unintentional acts. Under current law, laboratories must adhere to CMS procedures for processing testing samples in order to do business under the Clinical Laboratory Improvement Amendments (CLIA) law. In addition, they are prohibited from intentionally referring testing samples to other labs. Unfortunately, CMS is not allowed to look at the circumstances under which labs refer samples, and must levy the same penalties for those operating in good faith as those knowingly and willfully breaking the law. These penalties include the loss of a lab's certification for a year and a prohibition against the owner operating any lab for a period of two years. In instances where a hospital or independent laboratory has accidentally referred a sample due to mistakes by employees or through automated systems, these penalties can be needlessly harsh and threaten the livelihood of American workers. H.R. 6118 would address these issues by allowing the Secretary discretion when determining penalties. The legislation has received bipartisan support among this body as well as numerous organizations. I would like to commend Congressmen Grimm and Roskam for their work and urge Members to support its passage.

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FDA USER FEE CORRECTIONS ACT OF 20122012-09-19

Mr. UPTON

Mr. UPTON. Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days in which to revise and extend their remarks and insert extraneous materials in the Record on this bill, H.R. 6433.

Mr. UPTON. Mr. Speaker, I ask unanimous consent that the Committee on Energy and Commerce be discharged from further consideration of the bill (H.R. 6433) to make corrections with respect to Food and Drug Administration user fees, and ask for its immediate consideration in the House.

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RECALCITRANT CANCER RESEARCH ACT OF 20122012-09-19

Mr. UPTON

Mr. UPTON. Mr. Speaker, this legislation, H.R. 733, the Recalcitrant Cancer Research Act of 2012, will indeed take important steps to improve outcomes for cancer patients. For the many Americans who have been diagnosed with a hard-to-treat cancer, hope is not easy to come by. These patients have heard all about the advances in cancer treatments and cures but are left to wonder why there isn't some help for them. Unfortunately, their cancers do not respond to traditional treatments and, as a result, have had very few improvements in prevention, diagnosis, and treatment in decades. Take, for example, pancreatic cancer. According to the NIH, it is estimated that 44,000 men and women will be diagnosed with this cancer this year, of which 35,000 will die. The 5-year survival rate is less than 6 percent, compared to other cancers with survival rates of over 90 percent. This bill will guide efforts at the National Cancer Institute in identifying the scientific framework that will outline those unanswered medical and scientific questions that will help to focus research efforts for those deadly cancers. Ensuring the availability of qualified researchers and important resources, such as patient registries, will also move the process forward. Tonight we work to provide patients and their families a little more hope. This bipartisan legislation is an important step as we continue to see breakthrough advances in cancer research, particularly for those cancers whose survival rates remain low and treatment options are limited. I want to thank Chairman Waxman and his staff, as well as Chairman Harkin and Ranking Member Enzi of the Senate committee, which passed the Senate version of this bill today in committee, for enabling us to be on the verge of really getting this legislation into law, which is one of the reasons why we bypassed the full committee. We were delighted to pass this legislation last week in subcommittee, and I singled out particularly my friends, Anna Eshoo and Leonard Lance, for their stalwart work on moving this legislation. And I've got to tell you, the many times we met and chatted about this legislation, I was given an update on the number of bipartisan cosponsors from 233 to 240, and now 290-something that are there. It is, indeed, a bipartisan piece of legislation. One of the reasons why we bypassed the full committee this week in markup--which began, actually, this afternoon and we'll finish tomorrow--is we wanted to get this bill to the floor right away so that we don't even have to wait for a lame duck session to get it signed into law. So I would hope that my Senate colleagues move this quickly. But I just really want to thank my friends, Anna Eshoo and Leonard Lance, for their great work. The staff that put this together--I'll tell you, in sitting down with the NIH folks 2 weeks ago, we've really expanded. We've broadened this to include more than just pancreatic, how this started. We have the stakeholders now on board that are excited about this legislation and what it will hold. The private sector out there--and, man, we've sure heard from them over the last year or so--but I know, too, that they are very happy with the passage of this tonight. It's a dream that's come true thanks to you.

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