59–006 

109TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 109–715 

PHYSICIANS FOR UNDERSERVED AREAS ACT 

DECEMBER 5, 2006.—Committed to the Committee of the Whole House on the State 

of the Union and ordered to be printed 

Mr. SENSENBRENNER, from the Committee on the Judiciary, 

submitted the following 

R E P O R T 

[To accompany H.R. 4997] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on the Judiciary, to whom was referred the bill 

(H.R. 4997) to permanently authorize amendments made by the 

Immigration and Nationality Technical Corrections Act of 1994 for 

the purpose of permitting waivers of the foreign country residence 

requirement with respect to certain international medical graduates, having considered the same, report favorably thereon with 

amendments and recommend that the bill as amended do pass. 

The amendments are as follows: 

Strike all after the enacting clause and insert the following: 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Physicians for Underserved Areas Act’’. 

SEC. 2. WAIVER OF FOREIGN COUNTRY RESIDENCE REQUIREMENT WITH RESPECT TO INTERNATIONAL MEDICAL GRADUATES. 

Section 220(c) of the Immigration and Nationality Technical Corrections Act of 

1994 (8 U.S.C. 1182 note; Public Law 103–416) (as amended by section 1(a)(1) of 

Public Law 108–441) is amended by striking ‘‘June 1, 2006.’’ and inserting ‘‘June 

1, 2008.’’. 

SEC. 3. EFFECTIVE DATE. 

The amendment made by section 2 shall take effect as if enacted on May 31, 2006. 

Amend the title so as to read: 

A bill to extend for 2 years the authority to grant waivers of the foreign country 

residence requirement with respect to certain international medical graduates. 

PURPOSE AND SUMMARY

H.R. 4997 reauthorizes for two years the program whereby aliens 

who participate in medical residencies in the United States on exchange program visas (known as ‘‘J’’ visas) do not have to leave the 


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1This program is sometimes referred to as the ‘‘Conrad 30’’ program, after Senator Conrad, 

the original author of the program. 2 Immigration and Nationality Act § 212(e)(iii). 3See the Immigration and Nationality Technical Corrections Act, Pub. L. No. 103–416, § 220 

(1994). 4See the Illegal Immigration Reform and Immigrant Responsibility Act, Pub. L. No. 104–208, 

§ 622 (1996). 

5See the 21st Century Department of Justice Appropriations Authorization Act, Pub. L. No. 

107–273, § 11018 (2002). Section 11018 incorporated the language of H.R. 4858, which was reported by the House Judiciary Committee on June 24, 2002, and passed the House on June 25, 

2002. 6See Pub. L. No. 108–441. 7See INA § 212(e). 

U.S. at the conclusion of their residencies to reside abroad for two 

years if they agree to practice medicine for three years in an area 

designated by the Secretary of Health and Human Services 

(‘‘HHS’’) as having a shortage of health care professionals.1

BACKGROUND AND NEED FOR THE LEGISLATION

Aliens who participate in medical residencies in the United 

States on ‘‘J’’ exchange program visas must generally leave the 

U.S. at the conclusion of their residencies to reside abroad for two 

years before they can be eligible for permanent residence or status 

as ‘‘H–1B’’ or ‘‘L’’ visa nonimmigrants.2 The intent behind this policy is to encourage American-trained foreign doctors to return home 

to improve health conditions and advance the medical profession in 

their native countries. 

In 1994, Congress created a waiver (until June 1, 1996) of the 

two-year foreign residency requirement when a state department of 

public health requested it for foreign doctors who committed to 

practice medicine for no less than three years in a geographic area 

or areas designated by the Secretary of HHS as having a shortage 

of health care professionals.3 The number of foreign doctors who 

could receive the waiver was limited to 20 per state. In 1996, Congress extended the waiver to June 1, 2002.4 In 2002, Congress extended the waiver until June 1, 2004.5 At the same time, the numerical limitation on waivers was increased to 30 per state. 

In late 2004, Congress extended the waiver until June 1, 2006.6

The extension allows five of each state’s 30 waivers to go to doctors 

not practicing medicine in areas designated by the Secretary of 

HHS as having a shortage of health care professionals, as long as 

the doctors receiving the waivers agree to serve patients living in 

such areas. Also, if a physician seeking a waiver will practice specialty medicine, there must be a shortage of health care professionals able to provide services in that specialty to the patients 

who will be served by the physician. Finally, the extension exempts 

physicians from the H–1B numerical cap. 

The waiver requirements are as follows: the Secretary of Homeland Security may authorize a waiver upon the request of an interested U.S. government agency or a director of a state department 

of public health (or its equivalent) as in the public interest 7 if: 

(1) In the case of an alien who is otherwise contractually obligated to return to a foreign country, the government of such country furnishes the U.S. government with a statement in writing that 

it has no objection to a waiver; 

(2) The alien demonstrates a bona fide offer of full-time employment at a health facility or health care organization and that emVerDate Aug 31 2005 12:47 Dec 07, 2006 Jkt 059006 PO 00000 Frm 00002 Fmt 6659 Sfmt 6602 E:\HR\OC\HR715.XXX HR715

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ployment has been determined by the Secretary of Health and 

Human Services to be in the public interest; 

(3) The alien agrees to begin employment within 90 days of receiving the waiver, and agrees to continue to work for not less than 

three years (unless the Secretary determines that extenuating circumstances exist, such as closure of the facility or hardship to the 

alien, which would justify a lesser period of employment at such facility or organization, in which case the alien must demonstrate another bona fide offer of employment at a health care facility or 

health care organization for the remainder of the three-year period); and 

(4) The alien agrees to practice medicine for the three-year period 

only in the geographic area or areas which are designated by the 

Secretary of HHS as having a shortage of health care professionals 

(except in the case of a request by the Department of Veterans Affairs or in the case of a request by an interested Federal agency 

to employ the alien full-time in medical research or training) or in 

a medical facility that serves patients who live in medically underserved areas (up to 5 waivers per state). 

H.R. 4997 reauthorizes in its present form the waiver program 

for physicians who receive training in the United States on a J-visa 

and agree to practice in underserved areas until June 1, 2008. 

HEARINGS

The Subcommittee on Immigration, Border Security, and Claims 

held one day of hearings on H.R. 4997 on May 18, 2006. Testimony 

was received from: Congressman Jerry Moran; Edward Slasber, the 

Center for Workforce Studies; John B. Crosby, the American Osteopathic Association; and Leslie G. Aronovitz, the United States Government Accountability Office. 

COMMITTEE CONSIDERATION

On September 27, 2006, the Committee met in open session and 

ordered favorably reported the bill H.R. 4997 with an amendment 

by voice vote, a quorum being present. 

VOTE OF THE COMMITTEE

In compliance with clause 3(b) of rule XIII of the Rules of the 

House of Representatives, the Committee notes that there were no 

recorded votes during the committee consideration of H.R. 4997. 

NEW BUDGET AUTHORITY AND TAX EXPENDITURES

Clause 3(c)(2) of rule XIII of the Rules of the House of Representatives is inapplicable because this legislation does not provide new 

budgetary authority or increased tax expenditures. 

CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

In compliance with clause 3(c)(3) of rule XIII of the Rules of the 

House of Representatives, the Committee sets forth, with respect to 

the bill, H.R. 4997, the following estimate and comparison prepared 

by the Director of the Congressional Budget Office under section 

402 of the Congressional Budget Act of 1974: 


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SEPTEMBER 28, 2006. 

Hon. F. JAMES SENSENBRENNER, Jr., 

Chairman, Committee on the Judiciary, 

House of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 4997, the Physicians for 

Underserved Areas Act. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Mark Grabowicz. 

Sincerely, 

DONALD B. MARRON, 

Acting Director. 

Enclosure. 

H.R. 4997—Physicians for Underserved Areas Act 

CBO estimates that implementing H.R. 4997 would result in no 

significant net cost to the federal government. The bill would affect 

direct spending, but we estimate that any effects would be insignificant. H.R. 4997 contains no intergovernmental or private-sector 

mandates as defined in the Unfunded Mandates Reform Act and 

would not affect the budgets of state, local, or tribal governments. 

Until June 1, 2006, foreign students attending medical school in 

the United States were permitted to remain after graduation if 

they agreed to work for at least three years in certain regions of 

the country considered to be underserved by physicians or if they 

accepted employment with certain federal agencies. That program 

was limited to 30 individuals a year for each state that participated 

in the program. Under current law, such individuals must return 

to their native countries. H.R. 4997 would reestablish this program 

through June 1, 2008. 

Based on the participation of foreign medical students in those 

employment programs in recent years, CBO expects that the bill’s 

provisions would affect fewer than 2,000 persons annually. The Bureau of Citizenship and Immigration Services (CIS) would collect 

fees to provide work permits for those individuals. CIS fees are 

classified as offsetting receipts (a credit against direct spending). 

The agency is authorized to spend such fees without further appropriation, so the net impact on CIS spending would be insignificant. 

The CBO staff contact for this estimate is Mark Grabowicz. This 

estimate was approved by Robert A. Sunshine, Assistant Director 

for Budget Analysis. 

PERFORMANCE GOALS AND OBJECTIVES

The Committee states that pursuant to clause 3(c)(4) of rule XIII 

of the Rules of the House of Representatives, H.R. 4997 would extend for two years the program whereby aliens who participate in 

medical residencies in the United States on ‘‘J’’ exchange program 

visas do not have to leave the U.S. at the conclusion of their 

residencies to reside abroad for two years if they agree to practice 

medicine for three years in an area designated by the Secretary of 

Health and Human Services as having a shortage of health care 

professionals. 


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CONSTITUTIONAL AUTHORITY STATEMENT

Pursuant to rule XI, clause 2(1)(4) of the Rules of the House of 

Representatives, the Committee finds the authority for this legislation in Article I, section 8 of the Constitution. 

SECTION-BY-SECTION ANALYSIS AND DISCUSSION

The following discussion describes the bill as reported by the 

Committee. 

Sec. 1. Short title 

This bill may be cited as the ‘‘Physicians for Underserved Areas 

Act.’’

Sec. 2. Waiver of foreign country residency requirement with respect 

to international medical graduates 

This section extends for two years the program whereby aliens 

who participate in medical residencies in the United States on ‘‘J’’

exchange program visas do not have to leave the U.S. at the conclusion of their residencies to reside abroad for two years if they 

agree to practice medicine for three years in an area designated by 

the Secretary of Health and Human Services as having a shortage 

of health care professionals. 

Sec. 3. Effective date 

This section makes the amendments in Section 2 effective as if 

they had been enacted on May 31, 2006. 

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italic, 

existing law in which no change is proposed is shown in roman): 

SECTION 220 OF THE IMMIGRATION AND NATIONALITY 

TECHNICAL CORRECTIONS ACT OF 1994 

SEC. 220. WAIVER OF FOREIGN COUNTRY RESIDENCE REQUIREMENT 

WITH RESPECT TO INTERNATIONAL MEDICAL GRADUATES. 

(a) * * * 

* * * * * * * 

(c) EFFECTIVE DATE.—The amendments made by this section 

shall apply to aliens admitted of the United States under section 

101(a)(15)(J) of the Immigration and Nationality Act, or acquiring 

such status after admission to the United States, before, on, or 

after the date of enactment of this Act and before øJune 1, 2006.¿ 

June 1, 2008. 


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MARKUP TRANSCRIPT

BUSINESS MEETING 

WEDNESDAY, SEPTEMBER 27, 2006 

HOUSE OF REPRESENTATIVES, 

COMMITTEE ON THE JUDICIARY, 

Washington, DC. 

The Committee met, pursuant to notice, at 10:09 a.m., in Room 

2141, Rayburn House Office Building, the Honorable F. James Sensenbrenner, Jr. (Chairman of the Committee) presiding. 

Chairman SENSENBRENNER. The Committee will be in order. A 

working quorum is present. 

I would like to note that this will likely be the final Committee 

markup during the 109th Congress, and my last as Chairman. 

Additionally, this will be the last markup for several esteemed 

members of the Committee who are planning to move on from the 

halls of Congress. I would like to recognize each of these individuals and to thank them for their service to the nation and to this 

Committee. 

Chairman Henry Hyde will be retiring at the end of this year 

after 31 years of service representing the 6th District of Illinois. He 

has been a member of the Judiciary Committee throughout his entire congressional tenure, and, as we all know, he served very capably as Chairman from 1995 to 2001, and as Chairman of the International Relations Committee for the past 6 years. He leaves an 

impressive legacy, particularly as a forceful advocate for the rights 

of the unborn, and will be greatly missed. We all wish him well as 

he moves on to the good life, to find his life after Congress. 

Congressman William Jenkins will also be retiring at the end of 

this Congress. He has served on the Committee since 1997 when 

he began his congressional career. Thank you for your excellent 

service, and we wish you well. 

Congressman Mark Green is currently running to be governor of 

the great state of Wisconsin. He has been a valuable member of the 

Committee, and I trust that he will ably serve my fellow Wisconsinites and me as governor. And good luck to you. 

In addition, three Committee staff are set to retire at the end of 

the year: our majority chief clerk Tish Schwartz, publishing clerk 

Joseph McDonald, and our office manager Michele Utt. Together, 

they have over 81 years of combined Hill experience. And thank 

you all for your years of dedication and hard work. 

Now, we ain’t done yet, so it is time to start on in. 

[Intervening business.] 

Chairman SENSENBRENNER. The next item on the agenda is H.R. 

4997, the ‘‘Physicians for Underserved Areas Act,’’ for purposes of 

markup. And I move its favorable recommendation to the House. 

Without objection, the bill will be considered as read and open 

for amendment at any point. 

[The bill, H.R. 4997, follows:] 


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Chairman SENSENBRENNER. The chair recognizes the gentleman 

from Indiana, Mr. Hostettler, the Chairman of the Immigration 

Subcommittee, for 5 minutes to explain the bill. 

Mr. HOSTETTLER. Thank you, Mr. Chairman. 

Today, we are considering H.R. 4997, the ‘‘Physicians for Underserved Areas Act.’’ This legislation authored by our colleague, Jerry 

Moran of Kansas, reauthorizes the J–1 Visa Waiver Program for 

physicians who agree to work in underserved areas, which expired 

on June 1 of this year. 

Under current law, foreign doctors may come to the United 

States to complete their residency training. Many do so using the 

J–1 visa, which is for cultural exchange and training programs. 

One of the requirements for physicians who use the J visa is that 

the participant return to his or her home country for 2 years upon 

completion of the training program in the United States. The purpose of this foreign residency requirement is to encourage American-trained physicians to return to their country and improve 

medical conditions there. 

Since 1994, Congress has waived the 2-year foreign residency requirement for physicians who agree to work in an underserved 

area of the United States, as designated by the Department of 

Health and Human Services. Each state receives 30 such waivers 

per year. 

The waiver program allows states to recruit foreign-born physicians to areas that are unable to recruit sufficient numbers of 

American physicians. Many communities that might otherwise 

have no access to medical services now have physicians nearby as 

a result of this program. 

It also responds to an overall shortage of physicians in the 

United States, a shortage that seems to be growing. Several 

months ago, the Subcommittee on Immigration, Border Security, 

and Claims examined this legislation, and it was apparent to me 

that there is in fact a growing physician shortage in the United 

States. 

However, the J visa waiver program is only a temporary fix to 

a much larger problem. Congress must also focus on other ways to 

address the shortage. Medical training programs in the United 

States should be sufficiently expanded so that we are training more 

American physicians here in the United States. 

I plan to offer an amendment on behalf of myself and Ranking 

Member Sheila Jackson-Lee that would reauthorize the program 

for 2 years, rather than permanently. 

The physician shortage in the United States is a multifaceted 

problem, and I believe we should revisit the issue from time to time 

so that we don’t lose sight of the real problems that need to be addressed. 

A 2-year reauthorization will also give us the opportunity to address problems faced by larger states like Texas, where the need 

for waivers each year exceeds 30, without disadvantaging small 

states. 

By reauthorizing the waiver program through this legislation, we 

will provide states with some relief to the physicians shortage they 

are currently facing, but it is a temporary fix to a much larger 

problem. 


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I am hopeful that this Committee and other Committees of jurisdiction will work to find ways to educate and train greater numbers of American physicians, and reduce our reliance on foreign 

physicians. 

I yield back the balance of my time. 

Chairman SENSENBRENNER. The gentleman from Michigan, Mr. 

Conyers, is recognized for 5 minutes. 

Mr. CONYERS. Mr. Chairman, I rise in support of H.R. 4997. I am 

pleased that we are considering the bill to extend the J–1 Visa 

Waiver Program for another 2-year period. This visa waiver program is critically important to bringing essential medical services 

to residents of underserved rural and urban areas, including parts 

of my own district in Detroit. 

The J–1 program allows some foreign doctors who have completed their medical training in the United States to remain here 

to practice medicine for 2 years, if they will serve patients in the 

regions of the country that the Federal Government defines as 

medically underserved. 

These tend to be less-affluent urban areas with high population 

densities and insufficient medical services from general practitioners and specialists, as well as rural areas that are far from 

medical centers and may have trouble attracting enough doctors to 

meet the community’s needs. 

These communities are particularly desperate for physician services because of the growing national shortage of doctors our own 

country is facing. A recent Los Angeles Times article detailed the 

looming crisis quite well, in medical care in the United States as 

demand for medical services explodes. The article noted industry 

fears that shortages may become even more severe over the next 

decade due to the flat medical school enrollments, aging baby 

boomers, and the high number of doctors headed for retirement. 

While some communities enjoy a glut of physicians, one in five 

Americans live in rural or urban areas with so few doctors that the 

Federal Government has classified these regions as medically underserved. It is these Americans that foreign doctors assist when 

they get a J–1 visa to practice medicine in communities that don’t 

have enough American doctors. 

I do believe we need to make improvements in this program so 

that it better meets the needs of the underserved. Right now, some 

states who receive J–1 doctors through the Conrad 30 Program 

don’t use their allotment of 30 waivers each year, while other 

states find that 30 waivers are insufficient to meet the medical 

needs of their communities. 

In addition, some states may not need 30 waivers, but other 

states have trouble recruiting all of the doctors they need. The result is that some citizens are still unable to get essential medical 

care. 

We need a plan that ensures that states having trouble recruiting enough doctors will be able to fill their allotment for J–1 doctors, and secondly, ensures that states which fill their annual allotment of J–1 doctors can get more of them to meet their needs, 

without impinging on any other state. 

In this way, the needs of all states, and most importantly all of 

the citizens in underserved areas, can be met until our medical 


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schools in this country are able to increase the number of graduates to meet our domestic needs. 

I am pleased that the Subcommittee Chairman Hostettler and 

Ranking Member Jackson-Lee are mutually pledged to work on a 

solution to these additional problems in the coming Congress. I 

look forward with them and other colleagues in the House and Senate to improve, extend and sustain this vital visa program in the 

near future. 

I return the balance of my time. 

Chairman SENSENBRENNER. Without objection, all members’

opening statements will appear in the record to this point. 

[The prepared statement of Ms. Jackson-Lee follows:] 

PREPARED STATEMENT OF THE HONORABLE SHEILA JACKSON-LEE, A REPRESENTATIVE

IN CONGRESS FROM THE STATE OF TEXAS, AND MEMBER, COMMITTEE ON THE JUDICIARY

Foreign doctors who want to receive medical training in the United States on J 

visas are required to leave the country afterwards. They must return to their countries for two years before they can receive a visa to work in the United States as 

physicians. In 1994, Congress established a waiver of this requirement. The waiver 

applies to doctors who will commit to practicing medicine for no less than three 

years in a geographic area designated by the Secretary of Health and Human Services as having a shortage of health care professionals. 

The waiver program has been successful for more than a decade. It permits each 

state to obtain waivers permitting up to 30 of these physicians to work in medically 

underserved areas. It is not a permanent program. It sunsetted June 1, 2006. The 

Physicians for Underserved Areas Act, H.R. 4997, would reinstate the program and 

make it permanent. 

The amendment that Rep. Hostettler and I are offering would provide for a twoyear extension instead of making the program permanent. Rep. Hostettler has 

agreed to work with me next year on devising a way to redistribute unused visa 

waivers. 

A distribution problem was revealed by a study that Rep. Hostettler and I asked 

the General Accountability Office (GAO) to conduct. According to the GAO study, 

the system of providing up to 30 waivers per state is not working well. A substantial 

percentage of the states do not need 30 waivers a year. There were 664 unused 

waivers in FY2005. Other states need more than 30 waivers a year for their medically undeserved areas. 

The states that reported needing more than 30 waivers only want between 5 and 

50 more physicians. Their needs can be met by redistributing some of the unused 

waivers, but this must be done carefully. Some states expressed concern to GAO 

about redistributing unused waivers. They are afraid that physicians would wait 

and apply to the more popular states that would be receiving the redistributed waivers. This problem has to be resolved before we can move forward with the development of a redistribution plan. 

I urge you to vote for the amendment to H.R. 4997 that would provide for a twoyear extension and give us time for consideration of modifications in the program. 

Thank you. 

Chairman SENSENBRENNER. Are there any amendments? 

The gentleman from Indiana, for what purpose do you seek recognition? 

Mr. HOSTETTLER. I have an amendment at the desk. 

Chairman SENSENBRENNER. The clerk will report the amendment. 

The CLERK. ‘‘Amendment to H.R. 4997, Offered by Mr. Hostettler 

of Indiana and Ms. Jackson-Lee of Texas. Page 2, strike lines 7 and 

8 and insert the following’’——

[The amendment by Mr. Hostettler and Ms. Jackson-Lee follows:] 


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Mr. HOSTETTLER. Mr. Chairman, I ask unanimous consent that 

the amendment be considered as read. 

Chairman SENSENBRENNER. Without objection, so ordered. The 

gentleman is recognized for 5 minutes. 

Mr. HOSTETTLER. I thank the Chairman. 

Mr. Chairman, this amendment reflects an agreement between 

myself and Congresswoman Jackson-Lee, the Ranking Member of 

the Immigration Subcommittee. 

As you have pointed out, her opening statement will be made a 

part of the record. Our colleague, Ms. Jackson-Lee, is in Houston, 

attending the funeral of fallen Houston Police Officer Rodney Joseph Johnson, who was slain in the line of duty. 

This amendment reauthorizes the J Visa Waiver Program for an 

additional 2 years, as opposed to a permanent reauthorization. By 

authorizing the program for 2 years, Congress will have time to 

further examine needed changes to the program and address those 

changes only after careful consideration. 

I hope you will join me in supporting this bipartisan amendment. 

And I yield back the balance of my time. 

Chairman SENSENBRENNER. The gentleman from Michigan? 

Mr. CONYERS. Mr. Chairman, I rise in support of the amendment. 

Chairman SENSENBRENNER. The gentleman is recognized for 5 

minutes. 

Mr. CONYERS. I notice that both our Ranking Member and the 

Subcommittee member are in agreement. I agree with the amendment. I also ask unanimous consent to add into the record the Los 

Angeles Times article about the looming crisis. 

Chairman SENSENBRENNER. Without objection. 

[The article follows:] 


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Mr. CONYERS. I turn back the rest of my time. 

Chairman SENSENBRENNER. The question is on agreeing to the 

amendment offered by the gentleman from Indiana, Mr. Hostettler. 

Those in favor will say ‘‘aye.’’

Opposed, ‘‘no.’’

The ayes appear to have it. The ayes have it. The amendment 

is agreed to. 

Are there further amendments? 


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If there are no further amendments, a reporting quorum is 

present. The question occurs on the motion to report the bill, H.R. 

4997, favorably, as amended. 

All in favor will say ‘‘aye. 

Opposed, ‘‘no.’’

The ayes appear to have it. The ayes have it. The motion to report favorably is agreed to. 

Without objection, the bill will be reported favorably to the 

House in the form of a single amendment in the nature of a substitute, incorporating the amendment adopted here today. 

Without objection, the staff is directed to make any technical and 

conforming changes. And all members will be given 2 days, as provided by the House rules, in which to submit additional, dissenting, 

supplemental or minority views. 

[Intervening business.] 

Chairman SENSENBRENNER. For what purpose does the gentleman from Texas seek recognition? 

Mr. SMITH. Mr. Chairman, I would like unanimous consent to 

speak out of turn for 1 minute. 

Chairman SENSENBRENNER. Without objection. 

Mr. SMITH. Mr. Chairman, you are not expecting this, but it occurs to me that you were nice enough a few minutes ago to pay 

tribute to three members of this Committee who are leaving. I 

thought this might also be an appropriate time to, frankly, pay 

tribute to you and your leadership of the full Committee. 

You have, frankly, many legacies. We all know and feel how 

much of a workhorse this Committee has been. I checked not too 

long ago and determined that the Judiciary Committee is second 

only to one other Committee in the number of bills it has sent to 

the House floor not under suspension. That is, again, a tribute to 

your leadership. 

Furthermore, you have fought for all of your jurisdiction in ways 

that give a new standard to your cause. You and Mr. Conyers have 

done a great job in protecting that jurisdiction. 

Finally, Mr. Chairman, as I think everyone knows, you are an 

acknowledged top negotiator, one of the best that has ever served 

in the House, and we appreciate your efforts in that regard, too. 

Also, your emphasis on oversight should not be overlooked. There 

are many times where we have passed legislation and we really 

don’t follow up to make sure that it is being implemented in the 

way we intended. You have done a superb job in making sure that 

that oversight has been done, and done in constructive ways. 

And finally, Mr. Chairman, I don’t know if Phil Kiko is here, 

your chief of staff, but he has certainly been an able support to you 

and an excellent chief of staff and has helped all of us achieve our 

goals. 

So just know that your many years of service have been appreciated, and we hope to have your skills available to us in the next 

Congress. [Applause.] 

Chairman SENSENBRENNER. I thank the gentleman from Texas. 

And let me remind him and the other members and those in the 

audience that the Constitution says that the statements of the gentleman from Texas cannot be questioned in any other place. 

[Laughter.] 


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The purpose for which this markup has been called having been 

completed, without objection, the Committee stands adjourned. 

[Whereupon, at 10:50 a.m., the Committee was adjourned.] 

Æ 


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