Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 109 CONGRESS, SECOND SESSION

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E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 109 CONGRESS, SECOND SESSION

Vol. 152 WASHINGTON, THURSDAY, JULY 27, 2006 No. 101 House of Representatives The House met at 10 a.m. lic for which it stands, one nation under God, creased border security by authorizing The Chaplain, the Reverend Daniel P. indivisible, with liberty and justice for all. 1,000 new border inspectors and ended Coughlin, offered the following prayer: f the ‘‘catch and release’’ of illegal aliens. 164 House Democrats voted Lord God of every age, Your people MESSAGE FROM THE SENATE have always turned to You, especially against that. in their darkest hours of need. Today A message from the Senate by Ms. Finally, 187 Democrats voted against we call upon Your Holy Name and pray Curtis, one of its clerks, announced an amendment which would have added for world peace. Only by mounting the that the Senate has passed a bill of the teeth to a Federal law that requires forces of prayer, goodness, and compas- following title in which the concur- governments at all levels to comply sionate love can we overcome the hope- rence of the House is requested: with Federal immigration laws. less battles of distrust and violence. S. 3741. An act to provide funding author- Mr. Speaker, I have been listening to When human limitations are finally ity to facilitate the evacuation of persons the other side of the aisle complain admitted and nations stand apart from from Lebanon, and for other purposes. about the ‘‘do-nothing Congress.’’ It is each other, each on its own precipice of The message also announced that the actually a case of the ‘‘do-nothing’’ disastrous decisions, then the remnant Senate agrees to the report of the com- Democrats. Republicans have a strong of Your believing people must assemble mittee of conference on the disagreeing record of accomplishment on border se- and cry out to You, O Lord, for wisdom votes of the two Houses on the amend- curity. Too bad the Democrats can’t and consolation. ments of the House to the bill (S. 250) say the same thing. Because repeated conflicts and broad- ‘‘An Act to amend the Carl D. Perkins f based negativity can form a vortex Vocational and Technical Education BREAST CANCER PATIENT which, like a giant vacuum, robs people Act of 1998 to improve the Act.’’ PROTECTION everywhere of strength and initiative, f (Ms. DELAURO asked and was given Your faithful must believe in You and ANNOUNCEMENT BY THE SPEAKER permission to address the House for 1 claim a vision of realistic reconcili- minute and to revise and extend her re- ation which transcends the frontiers of The SPEAKER. The Chair will enter- tain up to ten 1-minute speeches on marks.) culture, civilizations, nations and his- Ms. DELAURO. Mr. Speaker, I rise each side. tory. today in support of every woman who Before You and in You we are already f has ever had to leave the hospital with- one people, and You have promised to BORDER SECURITY, ‘‘DO-NOTHING’’ in 24 hours after undergoing a mastec- be with us now and forever. DEMOCRATS tomy, and to urge that the House con- Amen. sider the Breast Cancer Patient Protec- (Ms. FOXX asked and was given per- f tion Act. It is a bipartisan bill which mission to address the House for 1 THE JOURNAL will ensure that patients have the minute.) health care that they need following The SPEAKER. The Chair has exam- Ms. FOXX. Mr. Speaker, House Re- breast cancer surgery. ined the Journal of the last day’s pro- publicans are working hard to produce The statistics say it all. A woman in ceedings and announces to the House a strong security bill to send to Presi- the United States has a 1-in-7 chance of his approval thereof. dent Bush’s desk, while Democrats con- developing breast cancer. It is the sec- Pursuant to clause 1, rule I, the Jour- tinue their tired strategy of voting ond leading cause of cancer deaths for nal stands approved. against border security legislation, women in America. And just this year, f while failing to offer a plan of their over 269,000 women will receive a diag- own. PLEDGE OF ALLEGIANCE nosis of invasive breast cancer. Republicans passed the REAL ID Act Despite these numbers, women are The SPEAKER. Will the gentle- which made it more difficult for poten- often forced by their insurance compa- woman from Connecticut (Ms. tial terrorists to obtain driver’s li- nies to leave the hospital less than a DELAURO) come forward and lead the censes, and helped deport criminals for day after mastectomy surgery, when House in the Pledge of Allegiance. terrorism related offenses. 152 House they are still in pain, groggy from an- Ms. DELAURO led the Pledge of Alle- Democrats voted against it. esthesia, and with drainage tubes that giance as follows: The Republicans passed the Border require professional attention. I pledge allegiance to the Flag of the Protection, Anti-terrorism and Illegal Mr. Speaker, the last thing that any United States of America, and to the Repub- Immigration Control Act which in- woman should be doing at this time is

b This symbol represents the time of day during the House proceedings, e.g., b 1407 is 2:07 p.m. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

H5957

VerDate Aug 31 2005 03:02 Jul 28, 2006 Jkt 049060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A27JY7.000 H27JYPT1 CCOLEMAN on PROD1PC71 with HOUSE H5958 CONGRESSIONAL RECORD — HOUSE July 27, 2006 fighting with her insurance company. Mr. Speaker, Democrats believe that b 1015 Two days of recovery time in the hos- no one who works hard at a full-time BREAST CANCER PATIENT pital should not be negotiable. Just 2 job should be in poverty. It is time to PROTECTION ACT days. And ultimately that decision raise the minimum wage. Congress should be up to the patient and her should not go on vacation without giv- (Mrs. KELLY asked and was given doctor. ing these workers their first pay raise permission to address the House for 1 We should pass into law the Breast in 9 years. minute and to revise and extend her remarks.) Cancer Patient Protection Act to en- f sure that women do not have to fight Mrs. KELLY. Mr. Speaker, I rise, RECOGNIZING THE SACRIFICE OF for their recovery time in the hospital. along with several of my colleagues, PFC DEREK PLOWMAN this morning to urge this House to pass f (Mr. BOOZMAN asked and was given a bill I am sponsoring called the Breast LONE STAR VOICES—TIM AND permission to address the House for 1 Cancer Patient Protection Act. I appre- SUSAN JACOB minute and to revise and extend his re- ciate the co-leadership of the gentle- (Mr. POE asked and was given per- marks.) woman from Connecticut (Ms. mission to address the House for 1 Mr. BOOZMAN. Mr. Speaker, I rise DELAURO) on this important bipartisan minute.) today to recognize the sacrifice made bill. Mr. POE. Mr. Speaker, illegal entry by PFC Derek Plowman of Everton, Ar- We are here today seeking to improve into our homeland negatively affects kansas. On July 20 he died from a gun- treatment coverages and access to in- our economic security. Illegals are shot wound while serving with the Ar- patient care for women suffering from driving up the costs for health care, kansas Army National Guard’s 142nd breast cancer. No woman should be education, Social Security and other Fires Brigade in Iraq. forced to fight breast cancer and red Social Services. Americans pick up the Friends and family say that Derek tape at the same time. It is our respon- tab for these bills because illegals do was passionate about everything that sibility in Congress to make sure that not pay their way. he did. He was known to be a selfless necessary laws are in place to protect a Tim and Susan Jacob of Groves, man that was always more worried breast cancer patient. We need to guar- Texas speak out on this fact. They say, about other people than himself. antee the best treatment and support ‘‘It should be evident more than ever Last year he had just returned from possible. that the U.S. does not have the infra- basic training when he learned that his A breast cancer diagnosis is scary structure for 12 to 20 million illegals. unit was being mobilized, but he com- and stressful for a woman. Insurance This summer we are seeing rolling mented that ‘‘he had a job to do,’’ and restrictions and difficult cost-saving blackouts, complete power outages, willingly deployed to Iraq with his fel- decisions only complicate her fear and gasoline above $3 a gallon, Houston low Arkansans. stress. streets are overloaded with auto- Derek comes from a large family By passing our bill, we can eliminate mobiles and illegals driving without in- with nine brothers and sisters. He had undue anxiety and ensure that a surance. We have hospital closings and dreams of becoming a psychiatrist, and woman and her doctor are in control of poor performance of the public school joined the National Guard during his her treatment decisions. More than 175 system. Shut down the borders, enforce senior year at Valley Springs High cosponsors of our bill have recognized the existing laws and prosecute em- School to earn money for college. the need to help more than 200,000 ployers who hire illegals.’’ Mr. Speaker, at the young age of 20, women diagnosed with breast cancer Mr. Speaker, common sense rings Derek made the ultimate sacrifice for every year. But we believe every Mem- true again. We cannot ignore the nega- his country. He is a true American ber of this body should be cosponsoring tive impact of illegal entry. It is mor- hero. I ask my colleagues to keep our legislation. ally wrong to make Americans pay the Derek’s family in their thoughts and Together, this Congress can make a costs for foreigners illegally in our Na- prayers as they mourn the loss of this positive difference in the lives of tion. outstanding young man. women suffering from breast cancer by And that’s just the way it is. f passing the Breast Cancer Patient Pro- tection Act. f OIL COMPANY PROFITS f RISING GAS PRICES HURT (Mr. DEFAZIO asked and was given MINIMUM WAGE EARNERS permission to address the House for 1 IN SUPPORT OF THE BREAST CAN- (Ms. LORETTA SANCHEZ of Cali- minute.) CER PATIENT PROTECTION ACT fornia asked and was given permission Mr. DEFAZIO. Well, Mr. Speaker, the (Ms. SLAUGHTER asked and was to address the House for 1 minute.) numbers are in. ExxonMobil’s quar- given permission to address the House Ms. LORETTA SANCHEZ of Cali- terly profits up 32 percent, Shell, 34 for 1 minute and to revise and extend fornia. Mr. Speaker, gas prices in this percent, BP, 29 percent. The three larg- her remarks.) country have just risen to hit yet an- est oil companies made $200 million a Ms. SLAUGHTER. Mr. Speaker, I rise other record high, reminding us all of day profit by gouging consumers. This in support of the Breast Cancer Patient how difficult it can be to make ends is extraordinary, and the Republicans Protection Act and urge its passage be- meet today. This is especially true for have very little to say about this before the August recess. the millions of Americans who are cause they are sharing in the profits. Breast cancer is so pervasive that it struggling to survive and support their Eighty-five percent of the political touches every American family. The families while making the minimum contributions from oil and gas compa- diagnosis of breast cancer is fright- wage. nies go to the Republican party. ening enough not to have to fight the Although it has not been increased Now, they are so awash in money insurance companies, as has been said since 1997, and it is currently at its that the retired CEO of ExxonMobil, before. One in eight women is going to lowest level in 50 years when adjusted while Americans struggle to fill up be diagnosed with breast cancer during for inflation, Republicans still refuse their gas tanks and afford that and go her lifetime, and it remains the num- to raise the minimum wage from $5.15 on vacation, well, Lee Raymond, the ber one cause of death in women bean hour. That means if you make $5.15 retired ExxonMobil chief who got $400 tween the ages of 30 and 54. an hour and you work all year round, million for a retirement gift very re- In my congressional district, there you would make $10,700. In fact, it cently, he is personally buying oil and are almost 1,500 instances of breast would take you a full day just to fill up gas fields. So American workers, peo- cancer and nearly 300 women die every your gas tank. With the kind of money ple who work for ExxonMobil, can’t af- year. And rushing a woman through a you make on minimum wage, there is ford to go on vacation and fill up their hospital stay after a mastectomy and very little left to support a household, tank, and their CEO is personally pur- pressuring her to return to her normal something three-quarters of the people chasing oil and gas fields in the Middle life almost immediately hampers her who make minimum wage must do. East and Africa. It’s a great country. recovery. That is why it is imperative

VerDate Aug 31 2005 02:03 Jul 28, 2006 Jkt 049060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\FM\K27JY7.002 H27JYPT1 CCOLEMAN on PROD1PC71 with HOUSE July 27, 2006 CONGRESSIONAL RECORD — HOUSE H5959 that we pass the Breast Cancer Patient facing this trying ordeal can focus on SECURITY FIRST Protection Act. what really matters: their family, their (Mr. STEARNS asked and was given We must also support research into faith, and their future. permission to address the House for 1 better breast cancer detection meth- f minute.) ods. Mammographies, which is the only Mr. STEARNS. Mr. Speaker, it is im- tool we have had for 40 years, miss too ISRAEL/IRAN perative that we secure our southern many women and cannot suffice as our border immediately. One overlooked gold standard. But instead of passing (Mr. KNOLLENBERG asked and was reason is the Department of Homeland legislation to stop drive-through given permission to address the House Security has issued data which indi- mastectomies or supporting funding infor 1 minute and to revise and extend cates that each year, hundreds of creases for research and development, his remarks.) aliens from countries known to harbor we have become a drive-through Con- Mr. KNOLLENBERG. Mr. Speaker, terrorists or who promote terrorism gress, rushing to pass what is politi- the United States and our ally Israel are apprehended attempting to enter cally divisive. stand at an important and historic this country illegally. Since 2002, the This bill deserves passage. juncture. number of non-Mexicans apprehended Iran’s continued efforts to establish a f while trying to enter the United States nuclear weapons program and their illegally has increased 343 percent. IN SUPPORT OF FORMER continued efforts to assist Hezbollah, CONGRESSMAN BOB MATHIAS This is of great concern to me and to an internationally recognized terrorist others. In the words of former Deputy (Mr. NUNES asked and was given organization, is in defiance of their ob- Secretary ADM James Loy of Home- permission to address the House for 1 ligations to a free and stable world. land Security: ‘‘Entrenched human minute.) Today I stand united with my friends smuggling and corruption in areas be- Mr. NUNES. Mr. Speaker, some of in Israel, who face a constant threat by yond our borders can be exploited by you may know that former Congress- Iranian-sponsored Hezbollah terrorists. terrorist organizations.’’ man and two-time Olympic Gold Med- The House has acted by passing H.R. There have been reports, Mr. Speak- alist Bob Mathias has been battling 282, the Iran Freedom Support Act. If er, that terrorist organizations, includ- cancer for the past few years. this bill is passed, a strong set of eco- ing al Qaeda, have been operating, re- As many in this Chamber know, Bob nomic sanctions will begin to hold Iran cruiting members, and maybe training is a fighter and is determined to beat responsible for their actions in the terrorists in South American coun- it. As Bob continues his fight, I ask Middle East. It is critical that the Sen- tries, including Argentina, Brazil, and that we keep him and his family in our ate act on this companion legislation Paraguay. This is particularly alarm- thoughts and prayers. that is pending before them. ing when you consider that attempts to f Congress must confront Iran’s con- enter our country illegally from Brazil tinued belligerence by halting that THE BREAST CANCER PATIENT has increased 900 percent over the last country’s nuclear aspirations and work PROTECTION ACT 3 years. to prevent their further sponsorship of It is imperative that we secure our (Ms. WASSERMAN SCHULTZ asked terrorists. borders now. and was given permission to address the House for 1 minute and to revise f f and extend her remarks.) THE VIOLENCE IN THE MIDDLE Ms. WASSERMAN SCHULTZ. Mr. A TRIBUTE TO ANDREW VELEZ EAST Speaker, breast cancer does not dis- (Mr. NEUGEBAUER asked and was (Mr. KUCINICH asked and was given criminate based on health care cov- given permission to address the House permission to address the House for 1 erage. for 1 minute and to revise and extend minute and to revise and extend his re- Statistics tell us that one in seven his remarks.) marks.) American women will develop breast Mr. NEUGEBAUER. Mr. Speaker, Mr. KUCINICH. Mr. Speaker, casual- cancer; yet no one ever expects these this morning I come to this House with ties are mounting on all sides in the things. No one plans or prepares to be a very heavy heart. Earlier this week, Middle East, and yet our government, diagnosed with breast cancer. No one PFC Andrew Velez was killed while representing the most powerful Nation preemptively investigates their health tracking Osama bin Laden in Afghani- in the world, stands aside and watches insurance coverage in the event that stan. as civilian casualties mount every- they require a mastectomy or a It is always a tragedy when we lose where. lumpectomy. one of our young soldiers, but this loss Why in God’s name aren’t we getting Suddenly these women, our mothers, is especially tragic because less than 2 involved to call for an end to the vio- our sisters, our daughters, are faced years ago, Andrew’s older brother, lence, to bring the parties together so not only with a terrible, deadly diag- Freddy, was also killed while pro- that they can find a way to create nosis but with unnerving treatment de- tecting this country in fighting the peace? cisions. war on terrorism. We are required, by virtue of our I am a cosponsor of the Breast Can- The Velez family now has made the standing in the world, to bring people cer Patient Protection Act to ensure ultimate sacrifice for freedom and de- together. Not to create more isolation, one thing: that women don’t have to mocracy not once, but twice. Andrew not to create more war, but to bring worry about their health insurance and Freddy Velez are American heroes. people together. We must get involved plan during this terrifying experience. We must never forget the sacrifice of as this continues to spiral out of con- This is the law in Florida, and it these two brothers for freedom. trol. The whole world is watching and should be the law of the land. While My thoughts and prayers go out to the entire world is at risk. serving in the Florida legislature, I Andrew’s father, Roy; his stepmother, f passed similar legislation, and my Carmen; Andrew’s wife, Veronica; and commitment has not wavered. his three children, Jasmine, Jordan, THE REPUBLICAN MAJORITY’S This bill mandates that women be and Jacob as they mourn the loss of SECURITY AGENDA covered for a 48-hour hospital stay their son and their husband and their (Mrs. BLACKBURN asked and was after a mastectomy and a 24-hour stay dad. given permission to address the House for a lumpectomy. What is more, it en- Mr. Speaker, the price of freedom has for 1 minute and to revise and extend sures full coverage for follow-up care. never been cheap, but I have to say her remarks.) Asking anyone coping with a deadly that the Velez family has given an Mrs. BLACKBURN. Mr. Speaker, this disease to lose sleep over health insur- extra measure for freedom and democ- Republican majority is dedicated to ance is outrageous. As a public servant, racy. I hold them in my prayers and the security agenda. We have created a I believe I have a responsibility to ask all Americans to do so at the same plan of action for leading that address- stand up on this issue so that women time. es the issues facing America today.

VerDate Aug 31 2005 03:02 Jul 28, 2006 Jkt 049060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\CR\FM\K27JY7.004 H27JYPT1 CCOLEMAN on PROD1PC71 with HOUSE H5960 CONGRESSIONAL RECORD — HOUSE July 27, 2006 As part of our security agenda, we lating the law tenfold. Just this week This conference agreement will, are promoting border security that the President signed the Freedom to among other things, direct the States halts illegal entry into the country. We Display the American Flag Act. to assess the effectiveness of State pro- are strengthening our national secu- Last week we defended the Pledge of grams for career and technical edu- rity by fighting terrorism in the Mid- Allegiance from the whims of activist cation, with an emphasis on math and dle East where it begins, not on our judges who seek to ban it from our science, and also establishes perform- own soil after an attack. schools. Although the Marriage Protec- ance indicators for those programs. We are also promoting economic tion Amendment failed to get two- It will enhance coordination between growth and job creation by lowering thirds support, it gained votes in both secondary and post-secondary voca- taxes and reducing regulation in order the House and Senate this year. Earlier tional programs and strengthen the that families can plan for their very this month we passed legislation to en- role of the States in administering own secure future. force laws prohibiting illegal online these programs, and this is a funding of Energy security means America must gambling. And last week we affirmed a legislative priority. harness our own domestic oil re- the dignity of human life by rejecting This legislation allows for increased sources, expand oil refining capacity taxpayer funding of human embryo-de- flexibility for States who choose the that is limited due to red tape, and at stroying research. option to combine the Perkins State the same time carry out research and Mr. Speaker, it has been a good first Grant with the Tech-Prep programs development for alternative energy half of the year for millions of Ameri- into one program, leading to greater sources while we focus on conserva- cans who wish to see traditional Amer- program efficiencies. This once again is tion’s best practices. ican values defended on Capitol Hill. a State option. We are fighting to defend the moral And I look forward to future successes It allows for the States to provide infrastructure that has made America when we reconvene after August. ‘‘incentive grants’’ to encourage and recognize exemplary performances in great as part of our moral security f agenda. carrying out career and technical edu- WAIVING POINTS OF ORDER Mr. Speaker, we invite everyone to cation programs. AGAINST CONFERENCE REPORT It also will ensure the continued ac- join us in a thoughtful process of secur- ON S. 250, CARL D. PERKINS CA- cess to teachers for professional devel- ing America’s future. REER AND TECHNICAL EDU- opment certification. f CATION IMPROVEMENT ACT OF Mr. Speaker, in 1917, the government THE MINIMUM WAGE 2006 first funded training for vocational programs relating to national defense. (Mr. MCGOVERN asked and was Mr. BISHOP of Utah. Mr. Speaker, by In 1963, we passed the first Vocational given permission to address the House direction of the Committee on Rules, I Education Act. It was modified in 1984 for 1 minute.) call up House Resolution 946 and ask as the Carl Perkins Program, and again Mr. MCGOVERN. Mr. Speaker, the for its immediate consideration. in 1990. So this program has been here Federal minimum wage has been stuck The Clerk read the resolution, as fol- in some way for 90 years in this Nation at $5.15 for 9 years. A minimum-wage lows: helping those vocational programs and worker working full time earns about H. RES. 946 training our citizens for their future. $10,712 a year. A minimum-wage work- Resolved, That upon the adoption of this I urge my colleagues to support this resolution it shall be in order to consider the er has to work an entire day in order to rule and the underlying legislation. be able to afford to fill their tank with conference report to accompany the bill (S. 250) to amend the Carl D. Perkins Vocational Mr. Speaker, I reserve the balance of gas. my time. Mr. Speaker, Members of Congress and Technical Education Act of 1998 to improve the Act. All points of order against the Mr. MCGOVERN. Mr. Speaker, I yield have awarded themselves eight pay conference report and against its consider- myself such time as I may consume. raises since the last time we increased ation are waived. The conference report shall (Mr. MCGOVERN asked and was the Federal minimum wage. That is be considered as read. given permission to revise and extend about $35,000 in pay raises. The SPEAKER pro tempore (Mr. his remarks.) Mr. Speaker, 35 percent of workers KUHL of New York). The gentleman Mr. MCGOVERN. Mr. Speaker, I want who receive a minimum wage are their from Utah (Mr. BISHOP) is recognized to thank the gentleman from Utah (Mr. families’ sole earners. Sixty-one per- for 1 hour. BISHOP) for yielding me the customary cent are women and one-third of those Mr. BISHOP of Utah. Mr. Speaker, 30 minutes. women are raising children. for the purpose of debate only, I yield Mr. Speaker, today this House is con- Here is the deal, I say to my Repub- the customary 30 minutes to the gen- sidering the conference report for the lican colleagues: have a heart. And if tleman from Massachusetts (Mr. Carl D. Perkins Career and Technical you are not going to allow us to have a MCGOVERN), pending which I yield my- Education Improvement Act. This is a clean vote up or down on the minimum self such time as I may consume. Dur- good bill, a worthy bill. This bill ad- wage, then bring to the floor a bill that ing consideration of this resolution, all dresses the needs of America’s chang- repeals your pay raise. It is not right time yielded is for the purpose of de- ing workforce and hopefully it will help for Members of Congress to get a pay bate only. close the gaps that threaten our long- raise while they force millions of House Resolution 946 provides for the term ability to compete in the global Americans to continue to live in pov- consideration of the conference report economy. erty. to accompany Senate 250, the Carl D. I want to express my appreciation f Perkins Career and Technical Edu- and my respect for the leadership and hard work invested over the past 15 VAT ACCOMPLISHMENTS cation Improvement Act of 2006 and waives all points of order against its months by House Education and Work- (Mr. PITTS asked and was given per- consideration. force Committee Chairman BUCK mission to address the House for 1 MCKEON and ranking member GEORGE minute and to revise and extend his re- b 1030 MILLER in moving these vital issues marks.) Mr. Speaker, I am actually proud to forward and that resulted in this Mr. PITTS. Mr. Speaker, as we head stand in support of this rule the under- strong, bipartisan supported bill. into August, it is worth noting our lying legislation, which reauthorizes Mr. Speaker, the conference report record so far this year in defense of tra- important vocational education loans successfully improves several aspects ditional values. and programs. In our ever-changing of the programs authorized under the Last month this body affirmed the economy, it is clear that education and Perkins Act. It provides for more effec- role of fathers by passing a resolution training is more vital than ever before tive accountability for these programs. to promote responsible fatherhood in to both our Nation’s economic growth It establishes stronger links to busi- America. Also in June, we got serious and competitiveness, as well as the nesses and stronger partnerships be- about enforcing broadcast decency quality of life for individuals and their tween high schools, colleges and busi- standards by increasing fines for vio- families. nesses, including small businesses. It

VerDate Aug 31 2005 02:03 Jul 28, 2006 Jkt 049060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\CR\FM\K27JY7.006 H27JYPT1 CCOLEMAN on PROD1PC71 with HOUSE July 27, 2006 CONGRESSIONAL RECORD — HOUSE H5961 creates better links and sequences of majority of this House passes a budget that the conferees include in this bill courses from high school to college and resolution that matches the Presi- that the phrase ‘‘high wage’’ means no it promotes a much stronger academic dent’s request, which means it also less than $7.25 an hour. focus, consistent with other Federal K– eliminates the funding for the Perkins Did the House conferees not take the 12 educational programs. Act programs. Members of this House seriously? Did Mr. Speaker, I am a very strong sup- Where does that leave us, Mr. Speak- they fight during negotiations to in- porter of vocational, career and tech- er? It leaves us with an appropriations clude these words in the final con- nical education, and I am not alone in allocation for education that is so low ference report? Because, if so, then why Central Massachusetts in believing in it is impossible to adequately fund our isn’t it there? the importance of vocational and tech- Federal education programs. In order Mr. Speaker, I have worked in this nical education. to restore $1.3 billion to the Perkins House for a while now, 10 years as a Let me share with my colleagues an program, we are forced to steal money Member of Congress and 13 years before important milestone that took place from other critical K–12 and higher that as a Congressional aid. I remem- just last month in Worcester, Massa- education programs. ber when motions to instruct conferees chusetts. On June 8, the last class to This year is no exception. In the FY were taken seriously by Members ap- occupy the old Worcester Vocational 2007 Labor-HHS-Education Appropria- pointed to the conference committee. High School graduated, ending an era tions Act, which has been waiting in The Republican leadership will not that began in 1910 when the Boys Trade the wings for 6 weeks since June 13 for allow this House to act on the FY 2007 School opened its doors to 29 iron- a chance to come to the House floor, Labor-HHS-Education Appropriations workers and 23 woodworkers. we once again see damaging cuts in Act because it contains an increase in That evening, 204 graduating seniors education funding. For the second year the minimum wage. Every Health, Edu- who attended classes in that 1910 build- in a row, funding for the Department of cation and Labor Department program ing received their high school diplomas Education has been cut, this time $404 is being held hostage to the Republican in subjects as diverse as telecommuni- million below FY 2006 levels and $1 bil- majority’s determination to keep 6.5 cations, cosmetology and hotel man- lion below FY 2005 levels. While the ap- million hardworking Americans in pov- agement. These students represent a propriations bill provides $1.3 billion erty. well-educated workforce. for vocational education programs, this Now they will not allow a handful of In the past 5 years, in Worcester is the same level as last year. This words, supported so strongly by Mem- alone, the number of vocational tech- means vocational education grants will bers of this House, to be included in nical graduates attending college has have lost $83 million in real purchasing this conference report. What are they nearly tripled, from 24 percent in 2001 power since FY 2005. so afraid of? to 68 percent this year. It is not sur- Mr. Speaker, nearly half of all high As we take up the Carl D. Perkins prising, therefore, to know that the school students and about one-third of Career and Technical Education Im- scores of these students on the Massa- all college students take vocational provement Act conference report, we chusetts mandatory State test, which education courses to be ready for to- can all be proud of our support of voca- has formidable high standards, have day’s world of work. We cannot keep tional, technical and career education. risen significantly, a testament to the freezing the funding for these pro- But with all due respect, Mr. Speaker, hard work of students, faculty, school grams. The result is a de facto cut in what we do today is meaningless. It is administrators and parents. resources at exactly the time when this worthless if we fail to ensure adequate This coming September, a new era authorization increases standards and appropriations for these programs and will begin for Worcester’s vocational accountability for vocational and tech- if we continue to let the minimum and technical students when they start nical schools. wage stagnate and willingly and delib- classes in a new state-of-the-art school, So I hope that my colleagues on the erately condemn more and more Amer- the Worcester Technical High School. I other side of the aisle will finally com- ican workers to lives of poverty. have had the opportunity to tour this mit themselves not just to authorizing In closing, I will support this bill be- new school, the first vocational high these critical programs, but to working cause it does authorize a number of school in the Commonwealth of Massa- in a bipartisan, all-out effort to make good programs. But let me repeat so chusetts to be built in the last 30 years. sure that they are adequately funded. my colleagues on the other side of the I can assure my colleagues that the Otherwise, nothing we do here today aisle can hear this loud and clear: It is goals and programs outlined in today’s matters. not enough to authorize programs. We reauthorization bill will find fertile Finally, Mr. Speaker, I have to admit need to fund them. And this President ground and flourish at Worcester Tech- I am a little bit confused. Only July 12, has consistently tried to eliminate nical High School. this House voted 260–159 in favor of a funding for important vocational edu- But, Mr. Speaker, it takes more than motion to instruct the conferees ap- cational programs and this Congress just a good framework like the one pro- pointed to negotiate on this conference passes budgets that also eliminate vided by this conference report to en- report to state clearly that when this funding for these programs. And, quite sure a quality education. It takes re- authorizing bill describes as its purpose frankly, the funding that we do provide sources. It takes money. And, quite to prepare students for high wage jobs, is inadequate. frankly, Mr. Speaker, that worries me. that those jobs should, in no case, pay Finally, let me repeat to all Members I worry whether this House has the less than $7.25 an hour. 260–159, Mr. of this House, that it is a disgrace that same bipartisan dedication and com- Speaker. That is an overwhelming we are about to recess for our August mitment that so successfully nego- vote. Sixty-four Republicans joined vacation without increasing the Fed- tiated this conference agreement to every single Democrat and Independent eral minimum wage. It has been stuck make sure that these same programs in this House in support of this lan- at $5.15 an hour for nearly 9 years. Dur- are adequately funded in the future. guage. But somehow, Mr. Speaker, it ing that same period of time, Members Every year President Bush rec- does not appear in the conference re- of this House have increased their pay ommends the elimination of the Per- port. eight different times, totaling about kins vocational education programs in High skilled jobs are important, Mr. $35,000. his budget. Every year, Mr. Speaker, Speaker. High wage jobs matter. And If this Republican leadership does not every year he does this. so does raising the minimum wage. The want to allow Members of this House a Will the Republican leadership of minimum wage was established 63 clean, straight, up-or-down vote on the this House pledge to organize a bipar- years ago to alleviate poverty. Today, minimum wage, then they should at tisan effort and convince the President the minimum wage condemns workers least have the decency to bring to the that he must include full funding for and their families to a life of poverty. floor a resolution to repeal this pay the Perkins Act in his budget? That is more than 6.5 million hard- raise. It is wrong to increase our pay Each year when the President has working American workers. I thought and, at the same time, refuse to do eliminated the Perkins vocational and that was why 260 members of this anything about the millions of Amer- technical programs, the Republican House voted 2 weeks ago to demand ican workers who are stuck in poverty.

VerDate Aug 31 2005 02:03 Jul 28, 2006 Jkt 049060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\CR\FM\K27JY7.008 H27JYPT1 CCOLEMAN on PROD1PC71 with HOUSE H5962 CONGRESSIONAL RECORD — HOUSE July 27, 2006 If you work in this country, you should on Energy and Commerce and 25 minutes Committee on Ways and Means. The get paid enough so you don’t have to equally divided and controlled by the chair- rule also provides one motion to re- live in poverty. man and ranking minority member of the commit with or without instructions. Committee on Ways and Means. After gen- Mr. Speaker, the information age has Again, vocational education is impor- eral debate the bill shall be considered for tant, but we need to fund these pro- amendment under the five-minute rule. In greatly changed our economy by bring- grams. That is something that this Re- lieu of the amendments recommended by the ing about increased efficiencies in pro- publican Congress has failed to do. Committees on Energy and Commerce and ductivity. Virtually every sector of our Mr. Speaker, I yield back the balance Ways and Means now printed in the bill, the economy benefits from the use of new of my time. amendment in the nature of a substitute information technologies. Mr. BISHOP of Utah. Mr. Speaker, in printed in part A of the report of the Com- Right here in Congress, for example, closing, I wish to try and address my mittee on Rules accompanying this resolu- the use of technology has opened up action, modified by the amendment printed in remarks to the bill we have before us cess to the workings of our democracy part B of such report, shall be considered as like never before. Technology allows and hopefully keep them germane to adopted in the House and in the Committee the particular issue we have in front of of the Whole. The bill, as amended, shall be our constituents to quickly view the us. considered as the original bill for the pur- status of a bill or to look up our voting We have a very good conference re- pose of further amendment under the five- records. port. It is a conference report which is minute rule and shall be considered as read. Mr. Speaker, the health care indus- just what a conference report is, a ne- All points of order against provisions in the try has not fully embraced the advan- bill, as amended, are waived. Notwith- tages and benefits of information tech- gotiated compromise between both par- standing clause 11 of rule XVIII, no amend- ties and both Houses of this Congress, nology. According to a study by the ment to the bill, as amended, shall be in RAND Corporation, only 15 percent of which means, in essence, we have 535 order except those printed in part C of the physicians and 20 percent of hospitals different opinions and we have com- report of the Committee on Rules. Each such use computerized patient files. promised down to one bill, which I amendment may be offered only in the order printed in the report, may be offered only by Broad use of information technology think satisfies the base needs of all of in the health care system would cer- us, or at least the vast majority of us a Member designated in the report, shall be considered as read, shall be debatable for the tainly improve the quality and effi- who are in Congress right now. time specified in the report equally divided ciency of health care delivery. This is legislation that reflects legis- and controlled by the proponent and an op- The use of health information tech- lative priorities as to funding for voca- ponent, shall not be subject to amendment, nology is increasingly necessary to de- tional education. and shall not be subject to a demand for divi- liver the best care possible to individ- sion of the question in the House or in the uals with chronic illnesses. The use of b 1045 Committee of the Whole. All points of order health care IT would also promote It provides more funds than perhaps against such amendments are waived. At the conclusion of consideration of the bill for interoperability between providers and the programs that have been assigned payers. to us by the Constitution would do to amendment the Committee shall rise and report the bill, as amended, to the House with Efficiencies from coordinated devel- this particular body. But it does reflect such further amendments as may have been opment of health IT will accelerate and those priorities. adopted. The previous question shall be con- advance private and public efforts to Mr. Speaker, I urge my colleagues to sidered as ordered on the bill and amend- improve quality, lower costs, reduce support this resolution because a ‘‘yes’’ ments thereto to final passage without inter- fraud and abuse, and promote the co- vote moves us forward. A ‘‘no’’ vote on vening motion except one motion to recom- ordination of care. The synergy of this resolution would harm kids. Mr. mit with or without instructions. these efficiencies will help achieve bet- Speaker, I support the resolution and SEC. 2. After passage of H.R. 4157, it shall be in order to consider in the House S. 1418. ter health outcomes for patients. the underlying legislation. All points of order against the Senate bill The Health Information Technology Mr. Speaker, I yield back the balance and against its consideration are waived. It Promotion Act, which we bring to the of my time, and I move the previous shall be in order to move to strike all after floor today, will improve the quality of question on the resolution. the enacting clause of the Senate bill and to care Americans receive through na- The previous question was ordered. insert in lieu thereof the provisions of H.R. tional adoption of electronic medical The resolution was agreed to. 4157 as passed by the House. All points of records and e-prescribing systems. A motion to reconsider was laid on order against that motion are waived. If the The legislation promotes the adop- the table. motion is adopted and the Senate bill, as tion and use of interoperable health in- amended, is passed, then it shall be in order f to move that the House insist on its amend- formation technology that prevents ments to S. 1418 and request a conference medical and prescription errors and PROVIDING FOR CONSIDERATION with the Senate thereon. costly duplicate tests, eliminates lost OF H.R. 4157, HEALTH INFORMA- SEC. 3. House Resolution 924 is laid upon medical records, simplifies our admin- TION TECHNOLOGY PROMOTION the table. istrative system, and improves medical ACT OF 2006 The SPEAKER pro tempore. The gen- care and the treatment of chronic ill- Mr. LINCOLN DIAZ-BALART of tleman from Florida (Mr. LINCOLN nesses. Florida. Mr. Speaker, by direction of DIAZ-BALART) is recognized for 1 hour. The legislation we bring to the floor the Committee on Rules, I call up Mr. LINCOLN DIAZ-BALART of today provides grants for the use of House Resolution 952 and ask for its Florida. Mr. Speaker, for the purpose health information technology to co- immediate consideration. of debate only, I yield the customary 30 ordinate care among the uninsured and The Clerk read the resolution, as fol- minutes to the gentlewoman from Cali- to implement technology in small phy- lows: fornia (Ms. MATSUI), pending which I sician practices. It also updates diag- yield myself such time as I may con- nostic coding, systems for the digital H. RES. 952 sume. During consideration of this res- age, and provides for an expedited proc- Resolved, That at any time after the adoption of this resolution the Speaker may, pur- olution, all time yielded is for the pur- ess to update standards. suant to clause 2(b) of rule XVIII, declare the pose of debate only. Mr. Speaker, this legislation was in- House resolved into the Committee of the (Mr. LINCOLN DIAZ-BALART of troduced by Congresswoman NANCY Whole House on the state of the Union for Florida asked and was given permis- JOHNSON, my dear friend, who is a true consideration of the bill (H.R. 4157) to amend sion to revise and extend his remarks.) expert in the field of health care. It the Social Security Act to encourage the dis- Mr. LINCOLN DIAZ-BALART of was reported out of the House Energy semination, security, confidentiality, and Florida. Mr. Speaker, the rule provides and Commerce Committee. We believe usefulness of health information technology. 1 hour of general debate with 35 min- it is time that the health care industry The first reading of the bill shall be dis- utes equally divided and controlled by moves to a digital future, and this leg- pensed with. All points of order against con- the chairman and ranking minority sideration of the bill are waived. General de- islation is an important step in seeing bate shall be confined to the bill and shall member of the Committee on Energy that to reality. not exceed one hour, with 35 minutes equally and Commerce and 25 minutes equally Mr. Speaker, I would like to thank divided and controlled by the chairman and divided and controlled by the chairman Congresswoman JOHNSON and Chair- ranking minority member of the Committee and ranking minority member on the man BARTON and Chairman THOMAS for

VerDate Aug 31 2005 02:03 Jul 28, 2006 Jkt 049060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\CR\FM\K27JY7.009 H27JYPT1 CCOLEMAN on PROD1PC71 with HOUSE July 27, 2006 CONGRESSIONAL RECORD — HOUSE H5963 their leadership on this important Information technology could make Mrs. CAPPS. I thank my colleague issue. I urge my colleagues to support this amazing program even better. for yielding. the rule that brings this legislation Widespread adoption of this technology Mr. Speaker, I rise in strong opposi- forth as well as the underlying legisla- would enhance this expert advice by al- tion to the rule for H.R. 4157. As a tion. lowing the rural doctor to send Levi’s nurse, of course I want to see the ex- Mr. Speaker, I reserve the balance of medical history to the specialists at panded use of health information tech- my time. UC Davis instantly. nology, such as electronic medical Ms. MATSUI. Mr. Speaker, I thank UC Davis has begun to implement records. Expanded use of health IT my good friend, the gentleman from electronic medical records, but many holds great promise for facilitating Florida, for yielding me time; and I of these outlying areas cannot afford better care, reducing medical errors, yield myself such time as I may con- this technology without seed money. and eliminating burdensome paper- sume. That is the goal of establishing a na- work, but the bill before us today has a (Ms. MATSUI asked and was given tional health information infrastruc- glaring omission: It has no privacy pro- permission to revise and extend her re- ture. But we know such a comprehen- tection for patients. marks.) sive program isn’t cheap. It could cost A privacy amendment I sponsored Ms. MATSUI. Mr. Speaker, every individual hospitals several million along with Representatives MARKEY, Member of Congress recognizes the im- dollars and individual physicians EMANUEL, DOGGETT, and KENNEDY was portance of health information tech- $20,000 or $30,000 apiece. killed by the Republicans on the Rules nology. It holds the potential to save So the issue needs more than Federal Committee even though there is bipar- lives by reducing medical errors, and it guidelines. It needs Federal financial tisan support for this measure. As can make our health care system more support, seed money in a sense. Unfor- usual, the House won’t be voting on a efficient by providing better care while tunately, the bill we will debate today measure because the Republican lead- keeping costs down. falls far short. It provides only $40 mil- ership opposes it but is afraid that if In short, we could revolutionize the lion in Federal grants. In a $1.3 trillion we debate and vote on it in the House, way our health care is delivered. What health care system, this does not even they might lose the vote. exactly is the potential? Physicians scratch the service. Let’s be clear, there is no comprehen- could have access to every relevant In fact, the nonpartisan Congres- sive privacy protection in this bill be- part of a patient’s medical history at sional Budget Office, CBO, says the fore us today. That means your per- the precise moment a life-or-death de- bill, as written, will do almost nothing sonal sensitive health information is cision needs to be made. to encourage health information tech- vulnerable. That means there is no re- It is the tens of thousands of lives nology. According to their analysis, it course you could take to hold individ- saved because of fewer medical errors. will not significantly influence the uals accountable if they improperly ob- It means the newest ‘‘Physicians Desks rate at which health information tech- tain or disclose your most personal pri- Reference’’ and the most cutting-edge nology is adopted, nor will it ensure vate information. medical research on a hand-held device better quality technology. Opponents of privacy protection will that a doctor can have at the patient’s Democrats have proposed a more ef- argue that current HIPAA regulations bedside. fective proposal, backed by Federal are adequate. That argument is flawed. This is not pie-in-the-sky ambition. seed money, just like the bipartisan The lack of enforcement of privacy Some health care leaders have already Senate bill does. We would also add protections is widely known in the begun to adopt these ideas with great new privacy laws to strengthen patient health community. Because of that, success. In the year 2000, the Veterans protections. This would prepare us for surveys show fewer entities are com- Administration implemented the most the health information age. plying with HIPAA because they fear advanced electronic medical records It would require patients to give no consequences for privacy violations. system in the United States. their consent before their health infor- And, these violations are occurring. A recent article in Business Week mation could be shared with other peo- Our privacy amendment would have noted that ‘‘while studies show that 3 ple. It also requires data encryption to guaranteed that you would be notified to 8 percent of the Nation’s prescrip- protect these health information net- if your information is improperly dis- tions are filed erroneously, the VA’s works from hackers. closed and it would have allowed you It sides with patients by making sure prescription accuracy rate is greater recourse. that everyone, every individual and than 99.99 percent, a level most hos- The amendment should have been every health entity, complies with pri- pitals only dream about.’’ made in order because its provisions vacy protections. It should not be surprising that while are essential to protecting patients’ Unfortunately, late last night the many patients lost their paper medical rights during the nationwide adoption Rules Committee denied the House the records in the terrible aftermath of of health information technology. So I opportunity to debate the Democratic Hurricane Katrina, veterans did not. urge my colleagues to oppose the rule alternative on the floor. As a result, I Veterans living in New Orleans were until we are allowed to consider a bill will be urging my colleagues to defeat able to access their medical records at that protects our rights as patients the previous question and defeat this other VA hospitals because of health and, indeed, the rights of all patients. rule. information technology. Mr. LINCOLN DIAZ-BALART of Another example comes from my b 1100 Florida. Mr. Speaker, I reserve the bal- hometown of Sacramento. The UC Mr. Speaker, information technology ance of my time. Davis Medical Center has a world-re- will bring our Nation’s health care sys- Ms. MATSUI. Mr. Speaker, I yield 3 nowned telemedicine program which tem tremendous benefits, but the devil minutes to the gentlewoman from Cali- connects patients in 80 rural areas is often in the details. This technology fornia, my good friend (Ms. ESHOO). across California to an immense will not install itself. It will spread Ms. ESHOO. I thank our distin- amount of specialty care in Sac- only with the right kind of Federal guished member of the Rules Com- ramento. leadership. So, I urge my colleagues to mittee. Let me tell you the story of Levi, a support the Democratic substitute and Mr. Speaker, I rise this morning in child who lives on a ranch in a nine- support the responsible approach to na- opposition to the rule and in opposition person town 60 miles north of Sac- tional health information technology. to the bill, and I want to state very ramento. After accidentally suffering Mr. Speaker, I reserve the balance of clearly why. I believe that this bill is third-degree burns on his leg, his par- my time. deeply deficient. And I am very dis- ents took him to the closest hospital. Mr. LINCOLN DIAZ-BALART of appointed because I had high hopes for Because of UC Davis’s telemedicine Florida. Mr. Speaker, I reserve the bal- this bill. At one time I was a cosponsor program, Levi was treated by one of ance of my time. of it, but I removed my name from the the few pediatric burn specialists in Ms. MATSUI. Mr. Speaker, I yield 2 bill when I saw what the deficiencies this country remotely from Sac- minutes to my good friend, the gentle- were and that the majority would not ramento. woman from California (Mrs. CAPPS). address them.

VerDate Aug 31 2005 02:03 Jul 28, 2006 Jkt 049060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\CR\FM\K27JY7.012 H27JYPT1 CCOLEMAN on PROD1PC71 with HOUSE H5964 CONGRESSIONAL RECORD — HOUSE July 27, 2006 My colleague, Mrs. CAPPS, has just nurse that has a key that can open give the data miners, let’s give these eloquently outlined the deep deficiency that drawer and pull out your family’s consultants, let’s give these insurance relative to privacy. If you ask any private records, that you have con- companies what they want now, and we American about privacy and if they fidence that that physician, that that will come back and revisit the privacy want it protected in their financial nurse is not going to tell everyone else issue after there is a catastrophic com- records and their medical records, in town what the secrets are of your promise of privacy affecting millions of there will be a resounding yes. This bill husband, of your wife, of your child, of American families. That is not exer- has no protection for the American your mother or your father, that there cising the responsibility that should be people relative to privacy. are protections, that privacy is sacred, exercised. Vote ‘‘no’’ on this rule. Vote The second point, which is really a that your physician is a privacy keeper ‘‘no’’ on this bill. shame, that an HIT, health informa- and not a data mining information Mr. LINCOLN DIAZ-BALART of tion technology bill, does not assure seeker. Florida. Mr. Speaker, I yield myself interoperability. My colleague from As we move to this new era where in- such time as I may consume. Florida mentioned this in his state- formation is being abrogated by med- Mr. Speaker, Yeats wrote many won- ment. There isn’t going to be any ical insurance companies, HMOs, med- derful, beautiful things. We in the point, it won’t matter if every doctor, ical consultants, medical data mining Rules Committee deal with reality. every hospital in our country has in- companies, that we build in at the be- The reality of the rule that we bring to the floor today in order to bring the vested in robust IT technology if they ginning of this era the privacy protec- underlying legislation on information can’t communicate with one another. tions, the guarantees that each individ- technology for the health care industry What this bill provides is that down ual’s family has a right to say, ‘‘I don’t brings forth and authorizes six amend- the road, down the road 3 years, 5 years want my family’s psychiatric records, I ments, six amendments to be debated don’t want my child’s medical records, there may be interoperability. Does the by this House. majority not understand that in the I don’t want this information, mental Our function is to listen, and we lis- market in terms of information tech- health, prescription drug records or tened hour after hour after hour after nology that products change 6 months, other personal medical data put online hour, with great respect, in the Rules 8 months. And so there isn’t anything without my permission. I just don’t Committee to our colleagues who come in the bill that assures that interoper- want it spread around without my per- forth with multiple ideas. We bring ability is going to take place. mission, without my family’s permis- forth six amendments for the consider- I offered an amendment in the Rules sion.’’ ation of this entire body today. Of the Committee that was turned down. It So I went to the Rules Committee, six amendments, four are authored by ensured that purchasers and vendors in and Congressmen KENNEDY, EMANUEL, Members of the opposition, of the Dem- the HIT marketplace will be able to DOGGETT, CAPPS, we requested that we ocrat Party; one is a bipartisan amend- rely on representations about compli- have that debate here on the House ment, Republican and Democrat; and ance with the interoperability stand- floor, and the Republican leadership one is a Republican amendment. We ards adopted under this legislation by said no. No, we are just going to listen think we are being fair, Mr. Speaker. creating a voluntary certification proc- to the insurance industry. We are going So we seek not to bring forth the ess for HIT products. to listen to the HMO industry. We are beauty of Yeats, but in dealing with re- Dr. David Brailer, the first national not going to allow a debate on medical ality, in dealing with listening to hours coordinator for health IT, said last privacy on the House floor as we move of testimony from our colleagues, in month that if the government does not to this new era. authorizing four amendments of Demo- immediately employ interoperability And I will tell you something, this is crats, one of a Republican, one of a bi- standards in its purchasing, the adop- about as serious an issue as people can partisan nature, we think we have done tion of the standards in the market- imagine affecting their family, and a fair job. And that is what we have au- place could take 5 to 7 years instead of there are 84 million good reasons why thorized for consideration, for debate 1 or 2 to implement. we should have this debate: Because 84 by this House in the rule that brings So this is a wonderful vehicle, it million is the number of times over the forward this very important legislation sounds terrific, it is all shiny and last 2 years we have seen the com- that we will be hearing about, and we waxed up. Everyone looks at it and promise of the financial records of will be hearing about as the authors of says, doesn’t this look terrific? I hate American people, from the ChoicePoint the legislation explain it in detail. to dampen your spirits, but there isn’t scandal, these you can go right down I am very proud to be a supporter of any gas in the engine and this dog is the whole line. But now we have the the legislation. It is important that in- not going to hunt. It is an opportunity big enchilada, and that is the medical formation technology reach as much of that has been squandered, and I reluc- records of people’s families. the health care industry, patients, as tantly oppose the rule and the bill. And, by the way, this is not an issue possible so that mistakes are avoided, Mr. LINCOLN DIAZ-BALART of that divides along Democrat or Repub- and so that access to the great ad- Florida. Mr. Speaker, I reserve the bal- lican lines, liberal or conservative vances of technology are made avail- ance of my time. lines. It polls out at over 80 percent of able to the largest number of people. 1 There are important issues that this Ms. MATSUI. Mr. Speaker, I yield 4 ⁄2 all Americans that want the right to be minutes to my good friend the gen- able to protect their own personal med- legislation is going to be bringing forth tleman from Massachusetts (Mr. MAR- ical records. and dealing with and that this debate KEY). So what has happened then? Well, will entail. Mr. MARKEY. I thank the gentle- what has happened is the Republican b 1115 woman. The great Irish poet, William party is ignoring the fact that it polls Now, obviously in order for debate to Butler Yeats, used to say that, ‘‘In out at 80 percent Democrat and Repub- begin, we have to pass the rule which dreams begins responsibility.’’ lican. And what they decided to do is sets the terms of the debate. We are There is a dream here that we can to side with the insurance industry, proud of those terms of debate, the ex- place all of the medical records of all side with the HMOs who want to use traordinarily fair nature of the terms Americans online, that can have an IT our personal medical records as a prod- of that debate. As I have said, Mr. world where for the sake of patients we uct, as something that allows them to Speaker, four amendments made in can move medical information across go through and to identify useful infor- order are Democrat amendments, one hundreds, thousands of miles to save mation for the insurance industry, for is a Republican amendment, one is a the patient’s life. And that is great. HMOs. bipartisan amendment. That is a great dream. But that dream William Butler Yeats once said that, Mr. Speaker, I reserve the balance of will replace something that exists ‘‘In dreams begins responsibility.’’ my time. today, which is that when each of us That should happen here on the House Ms. MATSUI. Mr. Speaker, I yield 4 goes in to visit a physician, when our floor today. But the Republicans are minutes to my good friend, the gen- family member’s private medical abdicating that responsibility. They tleman from Rhode Island (Mr. KEN- records are inside a cabinet with a are saying, let’s give the HMOs, let’s NEDY).

VerDate Aug 31 2005 02:03 Jul 28, 2006 Jkt 049060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\CR\FM\K27JY7.014 H27JYPT1 CCOLEMAN on PROD1PC71 with HOUSE July 27, 2006 CONGRESSIONAL RECORD — HOUSE H5965 Mr. KENNEDY of Rhode Island. Mr. chance. For that reason, I will oppose tections. I think it is relevant and Speaker, I thank the gentlewoman for the rule and oppose the underlying bill. should be pointed out that the very sig- yielding me this time. Ms. MATSUI. Mr. Speaker, I yield nificant and extensive privacy protec- Mr. Speaker, I have been working on myself such time as I may consume. tions contained in the Health Insur- this issue for several years. I have met Mr. Speaker, I am asking Members to ance Portability and Accountability with countless groups across this coun- vote ‘‘no’’ on the previous question so I Act of 1996 are not reduced in any way try. I have forged bipartisan relation- can amend this rule and allow the by this legislation that we bring forth ships to bring a solid piece of legisla- House to consider the Dingell-Rangel to the floor today. tion before this House, and today I am substitute. This substitute was offered In fact, the American Psychiatric As- disappointed to say that this legisla- in the Rules Committee last night, but sociation, the American Psychological tion does not meet the mark. was blocked on a straight party-line Association, the National Association The Congressional Budget Office vote. of Social Workers, the National Mental itself has said this legislation, quote, Mr. Speaker, I ask unanimous con- Health Association have said in a let- would not significantly affect either sent to print the text of the amend- ter to the Energy and Commerce Com- the rate at which the use of health ment and extraneous materials imme- mittee, ‘‘The Energy and Commerce technology will grow or how well that diately prior to the vote on the pre- language ensures that the current pro- technology will be designed and imple- vious question. tections in the Health Insurance Port- mented. The SPEAKER pro tempore (Mr. ability and Accountability Act of 1996 So what is the point? If we cannot PRICE of Georgia). Is there objection to are maintained, and we wish to com- get this technology in the hands of the the request of the gentlewoman from mend the approach to privacy protec- providers, what are we doing here? This California? tions that the Energy and Commerce legislation does not require us to adopt There was no objection. Committee proposes to take.’’ standards that are interoperability Ms. MATSUI. Mr. Speaker, I believe I mean, it is relevant to point this standards for all on a date certain. We the Dingell-Rangel substitute offers out because much has been said that need to do this within the next year Members a far better choice than the would seem or could be interpreted to and a half. We could do this within the underlying bill. contradict what I have just read from next year. This substitute is based on the bipar- the American Psychiatric Association, We should be taking this opportunity tisan bill that was introduced by Sen- the American Psychological Associa- and passing real health care informa- ators FRIST, ENZI, KENNEDY and CLIN- tion, the National Association of So- tion technology legislation; but, in- TON and passed unanimously by the cial Workers, the National Mental stead, we are passing a shadow of a bill Senate last November. This substitute Health Association, very responsible that misses the opportunity to pass also contains important privacy pro- entities that look out for the interests real opportunities for savings, both in tections necessary in this new elec- of many citizens who receive health people’s lives and in countless dollars tronic world. care. across this country. The Democratic substitute requires So, Mr. Speaker, urging the support Mr. Speaker, we spend twice what the Federal Government to take a lead- of the underlying legislation, I also every other industrialized nation ing role in the adoption of standards urge all of my colleagues to support spends on health care. It is the worst for technology and adopting tech- this rule, which is very fair, makes system when it comes to employers nology that will permit providers and more than twice as many amendments paying incredible premiums. We see others to communicate to each other by Democrats than by Republicans in employees paying incredible premiums. electronically. This substitute will pro- order. It is precisely in our interest to We are seeing providers complain. No- vide $257 million in grants and loans go the extra mile for fairness. body is happy with the current health for providers and regional Mr. DINGELL. Mr. Speaker, I rise in strong care system; and, yet, what are we collaboratives to buy and implement opposition to this rule. There once was a time doing about it? We are missing the op- health information technology. when we considered legislation under open portunity today. This substitute also provides privacy rules. Any Member could offer an amendment. We could provide technology today protections beyond those in current That was the way I, as chairman of the Com- that would help us implement quality law to ensure that patients’ health in- mittee on Energy and Commerce, brought bills standards so that when you are being formation is secure. It requires that all to the House floor. treated, whether it is in Iowa or Rhode individuals and entities with access to Eventually amendments were limited, per- Island or New York, you get the same personal health information must com- haps under the guise of efficiency. But cer- standard of care. But are those quality ply with privacy protections to main- tainly the minority should be allowed to offer provisions in this bill? No, they are tain patient confidentiality. The sub- an alternative. Democrats brought an alter- not. stitute also requires data encryption to native to the Committee on Rules. It was sup- We can make sure that we have pro- prevent security breaches and the noti- ported by every Democrat on our committee. visions in this bill to have the privacy fication of patients in case of a secu- It was not a radical alternative. It was iden- protections in place, as Mr. MARKEY rity breach. Finally, it allows patients tical to the bill that passed the Senate unani- just talked about. Are they in this bill? to seek redress when their privacy is mously, with the addition of language to pro- No, they are not. breached. tect patient privacy. Yet this rule blocks the of- How can we have an IT bill that does I want Members to be aware that a fering of our proposal. not set a date certain for technology, ‘‘no’’ vote will not stop us from consid- If my Republican colleagues disagree with that does not have quality provisions ering H.R. 4157. A ‘‘no’’ vote will sim- this substitute, fine—vote against it, but don’t in place so that we can use technology ply allow the Dingell-Rangel substitute hide behind a rule that prevents us from offer- to bring the best and evidence-based to be considered by this House by an ing it. medicines to the bedside? How can we up-or-down vote. If we had an open rule, we could fairly de- not have provisions to protect privacy Vote ‘‘no’’ on the previous question bate this important issue. All of us want to im- in an age when we are going electronic so we can consider this important and prove health information technology. One hun- in health care records? responsible substitute. dred Senators voted for a bill to do so, but Mr. Speaker, this bill falls way short Mr. Speaker, I yield back the balance under this closed rule, if a Member of the of our opportunities to make a funda- of my time. House wanted to offer that Senate bill, which mental change in our health care sys- Mr. LINCOLN DIAZ-BALART of was sponsored by Republican Majority Leader tem. I am sorry I am going to have to Florida. Mr. Speaker, I yield myself FRIST, along with Senator ENZI, KENNEDY, and oppose this rule. I am going to have to such time as I may consume. CLINTON, he or she could not do so. oppose this bill because I think it falls I thank all of my colleagues who That’s right—my rubber stamp Republican way short of the opportunities we have have participated in this very inter- colleagues are about to pass a rule that been given to make the most of this esting debate today. Much has been makes sure that a bill that passed unani- chance to get a better health care sys- made by opponents of the legislation of mously in the Senate cannot even get a vote tem today. We are squandering that arguments with regard to privacy pro- in the House. It is a closed rule and that

VerDate Aug 31 2005 02:03 Jul 28, 2006 Jkt 049060 PO 00000 Frm 00009 Fmt 4634 Sfmt 9920 E:\CR\FM\K27JY7.016 H27JYPT1 CCOLEMAN on PROD1PC71 with HOUSE H5966 CONGRESSIONAL RECORD — HOUSE July 27, 2006 means only amendments that the Republican ‘‘(C) a health maintenance organization (as ‘‘(1) serve as the principal advisor to the leaders can accept will get a vote. defined in section 2791(b)(3)). Secretary concerning the development, ap- I have read that many of my Republican col- ‘‘(4) INDIVIDUALLY IDENTIFIABLE HEALTH IN- plication, and use of health information leagues are trying to distance themselves from FORMATION.—The term ‘individually identifi- technology, and coordinate and oversee the able health information’ has the meaning health information technology programs of the policies of the House Republican leader- given such term in section 1171 of the Social the Department; ship. Well, here is your chance. Reject a rule Security Act. ‘‘(2) facilitate the adoption of a nation- that prohibits Members from offering a sub- ‘‘(5) LABORATORY.—The term ‘laboratory’ wide, interoperable system for the electronic stitute that consists of a bill passed unani- has the meaning given that term in section exchange of health information; mously by 100 Senators. Reject a rule that 353. ‘‘(3) ensure the adoption and implementa- prohibits an amendment dealing with the pri- ‘‘(6) PHARMACIST.—The term ‘pharmacist’ tion of standards for the electronic exchange vacy of personal medical records. has the meaning given that term in section of health information to reduce cost and im- But we know the fix is in. Why else did not 804 of the Federal Food, Drug, and Cosmetic prove health care quality; Act. ‘‘(4) ensure that health information tech- a single Republican Member go to the Rules ‘‘(7) QUALIFIED HEALTH INFORMATION TECH- nology policy and programs of the Depart- Committee to ask for a rule to allow them to NOLOGY.—The term ‘qualified health infor- ment are coordinated with those of relevant offer a bill supported by 100 Senators? Why mation technology’ means a computerized executive branch agencies (including Federal else did not a single Republican Member care system (including hardware and software) commissions) with a goal of avoiding dupli- to offer an amendment to protect the privacy that— cation of efforts and of helping to ensure of medical records? ‘‘(A) protects the privacy and security of that each agency undertakes health informa- A vote for this closed rule is, quite simply, health information; tion technology activities primarily within a vote against bipartisanship. It is a vote ‘‘(B) maintains and provides permitted ac- the areas of its greatest expertise and tech- against privacy protections for Americans. And cess to health information in an electronic nical capability; format; ‘‘(5) to the extent permitted by law, coordi- it is a vote against getting a bill signed into ‘‘(C) incorporates decision support to re- nate outreach and consultation by the rel- law this Congress. duce medical errors and enhance health care evant executive branch agencies (including The material previously referred to quality; Federal commissions) with public and pri- by Ms. MATSUI is as follows: ‘‘(D) complies with the standards adopted vate parties of interest, including con- PREVIOUS QUESTION FOR H. RES. 952—H.R. by the Federal Government under section sumers, payers, employers, hospitals and 4157 HEALTH INFORMATION TECHNOLOGY 2903; and other health care providers, physicians, com- PROMOTION ACT OF 2006 ‘‘(E) allows for the reporting of quality munity health centers, laboratories, vendors At the end of the resolution, add the fol- measures under section 2908. and other stakeholders; lowing: ‘‘(8) STATE.—The term ‘State’ means each ‘‘(6) advise the President regarding specific SEC. 4. Notwithstanding any other provi- of the several States, the District of Colum- Federal health information technology pro- sion of this resolution the amendment speci- bia, Puerto Rico, the Virgin Islands, Guam, grams; and fied in section 5 shall be in order as though American Samoa, and the Northern Mariana ‘‘(7) prepare the reports described under printed after the amendment numbered 6 in Islands. section 2903(i) (excluding paragraph (4) of the report of the Committee on Rules if of- ‘‘SEC. 2902. OFFICE OF THE NATIONAL COORDI- such section). fered by Representative Dingell of Michigan NATOR OF HEALTH INFORMATION ‘‘(d) DETAIL OF FEDERAL EMPLOYEES.— TECHNOLOGY. or Representative Rangel of New York or a ‘‘(1) IN GENERAL.—Upon the request of the ‘‘(a) OFFICE OF NATIONAL HEALTH INFORMA- designee. That amendment shall be debat- National Coordinator, the head of any Fed- TION TECHNOLOGY.—There is established able for 30 minutes equally divided and con- eral agency is authorized to detail, with or within the Office of the Secretary an Office trolled by the proponent and an opponent. without reimbursement from the Office, any of the National Coordinator of Health Infor- SEC. 5. The amendment referred to in sec- of the personnel of such agency to the Office mation Technology (referred to in this section 2 is as follows: to assist it in carrying out its duties under tion as the ‘Office’). The Office shall be head- AMENDMENT IN THE NATURE OF A SUBSTITUTE ed by a National Coordinator who shall be this section. TO H.R. 4157, AS REPORTED appointed by the Secretary and shall report ‘‘(2) EFFECT OF DETAIL.—Any detail of per- Strike all after the enacting clause and in- directly to the Secretary. sonnel under paragraph (1) shall— sert the following: ‘‘(b) PURPOSE.—It shall be the purpose of ‘‘(A) not interrupt or otherwise affect the civil service status or privileges of the Fed- SECTION 1. SHORT TITLE. the Office to coordinate with relevant Fed- eral employee; and This Act may be cited as the ‘‘Wired for eral agencies and private entities and over- ‘‘(B) be in addition to any other staff of the Health Care Quality Act’’. see programs and activities to develop a nationwide interoperable health information Department employed by the National Coor- SEC. 2. IMPROVING HEALTH CARE QUALITY, dinator. SAFETY, AND EFFICIENCY. technology infrastructure that— ‘‘(3) ACCEPTANCE OF DETAILEES.—Notwith- The Public Health Service Act (42 U.S.C. ‘‘(1) ensures that patients’ individually standing any other provision of law, the Of- 201 et seq.) is amended by adding at the end identifiable health information is secure and fice may accept detailed personnel from the following: protected; ‘‘(2) improves health care quality, reduces other Federal agencies without regard to ‘‘TITLE XXIX—HEALTH INFORMATION medical errors, and advances the delivery of whether the agency described under para- TECHNOLOGY AND QUALITY patient-centered medical care; graph (1) is reimbursed. ‘‘SEC. 2901. DEFINITIONS. ‘‘(3) reduces health care costs resulting ‘‘(e) RULE OF CONSTRUCTION.—Nothing in ‘‘In this title: from inefficiency, medical errors, inappro- this section shall be construed to require the ‘‘(1) HEALTH CARE PROVIDER.—The term priate care, and incomplete information; duplication of Federal efforts with respect to ‘health care provider’ means a hospital, ‘‘(4) ensures that appropriate information the establishment of the Office, regardless of skilled nursing facility, home health entity, to help guide medical decisions is available whether such efforts were carried out prior health care clinic, federally qualified health at the time and place of care; to or after the enactment of this title. center, group practice (as defined in section ‘‘(5) promotes a more effective market- ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— 1877(h)(4) of the Social Security Act), a phar- place, greater competition, and increased There are authorized to be appropriated to macist, a pharmacy, a laboratory, a physi- choice through the wider availability of ac- carry out this section, $5,000,000 for fiscal cian (as defined in section 1861(r) of the So- curate information on health care costs, year 2007, $5,000,000 for fiscal year 2008, and cial Security Act), a practitioner (as defined quality, and outcomes; such sums as may be necessary for each of in section 1842(b)(18)(CC) of the Social Secu- ‘‘(6) improves the coordination of care and fiscal years 2009 through 2011. rity Act), a health facility operated by or information among hospitals, laboratories, pursuant to a contract with the Indian physician offices, and other entities through ‘‘SEC. 2903. AMERICAN HEALTH INFORMATION Health Service, a rural health clinic, and any an effective infrastructure for the secure and COLLABORATIVE. other category of facility or clinician deter- authorized exchange of health care informa- ‘‘(a) PURPOSE.—The Secretary shall estab- mined appropriate by the Secretary. tion; lish the public-private American Health In- ‘‘(2) HEALTH INFORMATION.—The term ‘‘(7) improves public health reporting and formation Collaborative (referred to in this ‘health information’ has the meaning given facilitates the early identification and rapid section as the ‘Collaborative’) to— such term in section 1171(4) of the Social Se- response to public health threats and emer- ‘‘(1) advise the Secretary and recommend curity Act. gencies, including bioterror events and infec- specific actions to achieve a nationwide ‘‘(3) HEALTH INSURANCE PLAN.—The term tious disease outbreaks; interoperable health information technology ‘health insurance plan’ means— ‘‘(8) facilitates health research; and infrastructure; ‘‘(A) a health insurance issuer (as defined ‘‘(9) promotes prevention of chronic dis- ‘‘(2) serve as a forum for the participation in section 2791(b)(2)); eases. of a broad range of stakeholders to provide ‘‘(B) a group health plan (as defined in sec- ‘‘(c) DUTIES OF THE NATIONAL COORDI- input on achieving the interoperability of tion 2791(a)(1)); and NATOR.—The National Coordinator shall— health information technology; and

VerDate Aug 31 2005 02:03 Jul 28, 2006 Jkt 049060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\CR\FM\A27JY7.004 H27JYPT1 CCOLEMAN on PROD1PC71 with HOUSE July 27, 2006 CONGRESSIONAL RECORD — HOUSE H5967 ‘‘(3) recommend standards (including con- ‘‘(10) other policies (including rec- porting, surveillance, epidemiology, adverse tent, communication, and security stand- ommendations for incorporating health in- event reporting, research, or for other pur- ards) for the electronic exchange of health formation technology into the provision of poses determined appropriate by the Sec- information (including for the reporting of care and the organization of the health care retary, shall comply with standards adopted quality data under section 2908) for adoption workplace) determined to be necessary by under subsection (e). by the Federal Government and voluntary the Collaborative. ‘‘(h) VOLUNTARY ADOPTION.— adoption by private entities. ‘‘(d) STANDARDS.— ‘‘(1) IN GENERAL.—Any standards adopted ‘‘(b) COMPOSITION.— ‘‘(1) EXISTING STANDARDS.—The standards by the Federal Government under subsection ‘‘(1) IN GENERAL.—The Collaborative shall adopted by the Consolidated Health (e) shall be voluntary with respect to private be composed of members of the public and Informatics Initiative shall be deemed to entities. private sectors to be appointed by the Sec- have been recommended by the Collaborative ‘‘(2) RULE OF CONSTRUCTION.—Nothing in retary, including representatives from— under this section. this section shall be construed to require ‘‘(A) consumer or patient organizations; ‘‘(2) FIRST YEAR REVIEW.—Not later than 1 that a private entity that enters into a con- ‘‘(B) organizations with expertise in pri- year after the date of enactment of this title, tract with the Federal Government adopt vacy and security; the Collaborative shall— the standards adopted by the Federal Gov- ‘‘(C) health care providers; ‘‘(A) review existing standards (including ernment under this section with respect to ‘‘(D) health insurance plans or other third content, communication, and security stand- activities not related to the contract. party payors; ards) for the electronic exchange of health ‘‘(3) LIMITATION.—Private entities that ‘‘(E) information technology vendors; and information; enter into a contract with the Federal Gov- ‘‘(F) purchasers or employers. ‘‘(B) identify deficiencies and omissions in ernment shall adopt the standards adopted ‘‘(2) PARTICIPATION.—In appointing mem- such existing standards; and by the Federal Government under this sec- bers under paragraph (1), and in developing ‘‘(C) identify duplication and overlap in tion for the purpose of activities under such the procedures for conducting the activities such existing standards; Federal contract. of the Collaborative, the Secretary shall en- ‘‘(i) REPORTS.—The Secretary shall submit and recommend new standards and modifica- sure a balance among various sectors of the to the Committee on Health, Education, tions to such existing standards as nec- health care system so that no single sector Labor, and Pensions and the Committee on essary. unduly influences the recommendations of Finance of the Senate and the Committee on ‘‘(3) ONGOING REVIEW.—Beginning 1 year the Collaborative. Energy and Commerce and the Committee on after the date of enactment of this title, and ‘‘(3) TERMS.—Members appointed under Ways and Means of the House of Representa- annually thereafter, the Collaborative paragraph (1) shall serve for 2 year terms, ex- tives, on an annual basis, a report that— shall— cept that any member appointed to fill a va- ‘‘(1) describes the specific actions that ‘‘(A) review existing standards (including cancy for an unexpired term shall be ap- have been taken by the Federal Government content, communication, and security stand- pointed for the remainder of such term. A and private entities to facilitate the adop- ards) for the electronic exchange of health member may serve for not to exceed 180 days tion of an interoperable nationwide system information; after the expiration of such member’s term for the electronic exchange of health infor- ‘‘(B) identify deficiencies and omissions in or until a successor has been appointed. mation; such existing standards; and ‘‘(4) OUTSIDE INVOLVEMENT.—With respect ‘‘(2) describes barriers to the adoption of ‘‘(C) identify duplication and overlap in to the functions of the Collaborative, the such a nationwide system; such existing standards; Secretary shall ensure an adequate oppor- ‘‘(3) contains recommendations to achieve and recommend new standards and modifica- tunity for the participation of outside advi- full implementation of such a nationwide tions to such existing standards as nec- sors, including individuals with expertise system; and essary. in— ‘‘(4) contains a plan and progress toward ‘‘(4) LIMITATION.—The standards and time- ‘‘(A) health information privacy; the establishment of an entity to ensure the frame for adoption described in this section ‘‘(B) health information security; continuation of the functions of the Collabo- shall be consistent with any standards devel- ‘‘(C) health care quality and patient safety, rative. oped pursuant to the Health Insurance Port- including individuals with expertise in uti- ‘‘(j) APPLICATION OF FACA.—The Federal ability and Accountability Act of 1996. lizing health information technology to im- Advisory Committee Act (5 U.S.C. App.) ‘‘(e) FEDERAL ACTION.—Not later than 90 prove health care quality and patient safety; shall apply to the Collaborative, except that days after the issuance of a recommendation ‘‘(D) data exchange; and the term provided for under section 14(a)(2) from the Collaborative under subsection ‘‘(E) developing health information tech- shall be 5 years. nology standards and new health informa- (d)(2), the Secretary of Health and Human ‘‘(k) RULE OF CONSTRUCTION.—Nothing in tion technology. Services, the Secretary of Veterans Affairs, this section shall be construed to require the ‘‘(c) RECOMMENDATIONS AND POLICIES.—Not and the Secretary of Defense, in collabora- duplication of Federal efforts with respect to later than 1 year after the date of enactment tion with representatives of other relevant the establishment of the Collaborative, re- of this title, and annually thereafter, the Federal agencies, as determined appropriate gardless of whether such efforts were carried Collaborative shall recommend to the Sec- by the Secretary, shall jointly review such out prior to or after the enactment of this retary uniform national policies for adoption recommendations. If appropriate, the Sec- title. by the Federal Government and voluntary retary shall provide for the adoption by the ‘‘(l) AUTHORIZATION OF APPROPRIATIONS.— adoption by private entities to support the Federal Government of any standard or There are authorized to be appropriated to widespread adoption of health information standards contained in such recommenda- carry out this section, $4,000,000 for fiscal technology, including— tion. year 2007, $4,000,000 for fiscal year 2008, and ‘‘(1) protection of individually identifiable ‘‘(f) COORDINATION OF FEDERAL SPENDING.— such sums as may be necessary for each of health information through privacy and se- ‘‘(1) IN GENERAL.—Not later than 1 year fiscal years 2009 through 2011. curity practices; after the adoption by the Federal Govern- ‘‘SEC. 2904. IMPLEMENTATION AND CERTIFI- ‘‘(2) measures to prevent unauthorized ac- ment of a recommendation as provided for in CATION OF HEALTH INFORMATION cess to health information, including unau- subsection (e), and in compliance with chap- STANDARDS. thorized access through the use of certain ter 113 of title 40, United States Code, no ‘‘(a) IMPLEMENTATION.— peer-to-peer file-sharing applications; Federal agency shall expend Federal funds ‘‘(1) IN GENERAL.—The Secretary, based ‘‘(3) methods to notify patients if their infor the purchase of any new health informa- upon the recommendations of the Collabo- dividually identifiable health information is tion technology or health information tech- rative, shall develop criteria to ensure uni- wrongfully disclosed; nology system for clinical care or for the form and consistent implementation of any ‘‘(4) methods to facilitate secure patient electronic retrieval, storage, or exchange of standards for the electronic exchange of access to health information; health information that is not consistent health information voluntarily adopted by ‘‘(5) fostering the public understanding of with applicable standards adopted by the private entities in technical conformance health information technology; Federal Government under subsection (e). with such standards adopted under this title. ‘‘(6) the ongoing harmonization of indus- ‘‘(2) RULE OF CONSTRUCTION.—Nothing in ‘‘(2) IMPLEMENTATION ASSISTANCE.—The try-wide health information technology paragraph (1) shall be construed to restrict Secretary may recognize a private entity or standards; the purchase of minor (as determined by the entities to assist private entities in the im- ‘‘(7) recommendations for a nationwide Secretary) hardware or software components plementation of the standards adopted under interoperable health information technology in order to modify, correct a deficiency in, or this title using the criteria developed by the infrastructure; extend the life of existing hardware or soft- Secretary under this section. ‘‘(8) the identification and prioritization of ware. ‘‘(b) CERTIFICATION.— specific use cases for which health informa- ‘‘(g) COORDINATION OF FEDERAL DATA COL- ‘‘(1) IN GENERAL.—The Secretary, based tion technology is valuable, beneficial, and LECTION.—Not later than 3 years after the upon the recommendations of the Collabo- feasible; adoption by the Federal Government of a rative, shall develop criteria to ensure and ‘‘(9) recommendations for the establish- recommendation as provided for in sub- certify that hardware and software that ment of an entity to ensure the continuation section (e), all Federal agencies collecting claim to be in compliance with applicable of the functions of the Collaborative; and health data for the purposes of quality re- standards for the electronic exchange of

VerDate Aug 31 2005 02:03 Jul 28, 2006 Jkt 049060 PO 00000 Frm 00011 Fmt 4634 Sfmt 0634 E:\CR\FM\A27JY7.005 H27JYPT1 CCOLEMAN on PROD1PC71 with HOUSE H5968 CONGRESSIONAL RECORD — HOUSE July 27, 2006 health information adopted under this title tion, use, modification, or disclosure of indi- ‘‘(C) with respect to an entity described in have established and maintained such com- vidually identifiable health information. subsection (a)(2)(C)(iii), a nonprofit health pliance in technical conformance with such ‘‘(6) The protections must provide for noti- care provider. standards. fication to any individual whose individually ‘‘(b) COMPETITIVE GRANTS TO STATES FOR ‘‘(2) CERTIFICATION ASSISTANCE.—The Sec- identifiable health information has been THE DEVELOPMENT OF STATE LOAN PROGRAMS retary may recognize a private entity or en- lost, stolen, or used for an unauthorized pur- TO FACILITATE THE WIDESPREAD ADOPTION OF tities to assist in the certification described pose by the entity responsible for the infor- HEALTH INFORMATION TECHNOLOGY.— under paragraph (1) using the criteria devel- mation and notification by the entity to the ‘‘(1) IN GENERAL.—The Secretary may oped by the Secretary under this section. Secretary. award competitive grants to States for the ‘‘(b) LIST OF ENTITIES.—The Secretary ‘‘(c) OUTSIDE INVOLVEMENT.—The Sec- establishment of State programs for loans to shall maintain a public list identifying enti- retary, through consultation with the Col- health care providers to facilitate the pur- ties whose health information has been lost, laborative, may accept recommendations on chase and enhance the utilization of quali- stolen, or used in an unauthorized purpose as the development of the criteria under sub- fied health information technology. described in subsection (a)(6) and how many sections (a) and (b) from a Federal agency or ‘‘(2) ESTABLISHMENT OF FUND.—To be eligi- private entity. patients were affected by such action. ‘‘(c) CONSTRUCTION.—Nothing in this sec- ble to receive a competitive grant under this ‘‘SEC. 2905. PRIVACY AND SECURITY PROTEC- tion shall be construed as superseding, alter- subsection, a State shall establish a quali- TIONS. ing, or affecting (in whole or in part) any fied health information technology loan fund ‘‘(a) IN GENERAL.—The Secretary shall pro- statute, regulation, order, or interpretation (referred to in this subsection as a ‘State vide for standards for health information in effect in any State that affords any person loan fund’) and comply with the other re- technology (as such term is used in this privacy and security protections greater quirements contained in this section. A title) that include the following privacy and than that the privacy and security protec- grant to a State under this subsection shall security protections: tions described in subsection (a), as deter- be deposited in the State loan fund estab- ‘‘(1) Except as provided in succeeding para- mined by the Secretary. lished by the State. No funds authorized by graphs, each entity must— ‘‘SEC. 2906. GRANTS TO FACILITATE THE WIDE- other provisions of this title to be used for ‘‘(A) expressly recognize the individual’s SPREAD ADOPTION OF INTEROPER- other purposes specified in this title shall be right to privacy and security with respect to ABLE HEALTH INFORMATION TECH- deposited in any State loan fund. the electronic disclosure of such informa- NOLOGY. ‘‘(3) ELIGIBILITY.—To be eligible to receive tion; ‘‘(a) COMPETITIVE GRANTS TO FACILITATE a grant under paragraph (1) a State shall— ‘‘(B) permit individuals to exercise their THE WIDESPREAD ADOPTION OF HEALTH INFOR- ‘‘(A) submit to the Secretary an applica- right to privacy and security in the elec- MATION TECHNOLOGY.— tion at such time, in such manner, and con- tronic disclosure of such information to an- ‘‘(1) IN GENERAL.—The Secretary may taining such information as the Secretary other entity by obtaining the individual’s award competitive grants to eligible entities may require; written or electronic informed consent, to facilitate the purchase and enhance the ‘‘(B) submit to the Secretary a strategic which consent may authorize multiple dis- utilization of qualified health information plan in accordance with paragraph (4); closures; technology systems to improve the quality ‘‘(C) establish a qualified health informa- ‘‘(C) permit an individual to prohibit ac- and efficiency of health care. tion technology loan fund in accordance with cess to certain categories of individuals (as ‘‘(2) ELIGIBILITY.—To be eligible to receive paragraph (2); defined by the Secretary) of particularly sen- a grant under paragraph (1) an entity shall— ‘‘(D) require that health care providers re- sitive information, including data relating ‘‘(A) submit to the Secretary an applica- ceiving such loans— to infection with the human immuno- tion at such time, in such manner, and con- ‘‘(i) link, to the extent practicable, the deficiency virus (HIV), to mental health, to taining such information as the Secretary qualified health information system to a may require; sexually transmitted diseases, to reproduc- local or regional health information net- ‘‘(B) submit to the Secretary a strategic tive health, to domestic violence, to sub- work; plan for the implementation of data sharing stance abuse treatment, to genetic testing or ‘‘(ii) consult with the Health Information and interoperability measures; information, to diabetes, and other informa- Technology Resource Center established in ‘‘(C) be a— tion as defined by the Secretary after con- section 914(d) to access the knowledge and ‘‘(i) not for profit hospital, including a fed- sent has been provided under subparagraph experience of existing initiatives regarding erally qualified health center (as defined in (B). the successful implementation and effective section 1861(aa)(4) of the Social Security ‘‘(2) Informed consent may be inferred, in use of health information technology; and Act); the absence of a contrary indication by the ‘‘(iii) agree to notify patients if their indi- ‘‘(ii) individual or group practice; or individual— ‘‘(iii) another health care provider not de- vidually identifiable health information is ‘‘(A) to the extent necessary to provide scribed in clause (i) or (ii); wrongfully disclosed; treatment and obtain payment for health ‘‘(D) adopt the standards adopted by the ‘‘(E) require that health care providers re- care in emergency situations; Federal Government under section 2903; ceiving such loans adopt the standards ‘‘(B) to the extent necessary to provide ‘‘(E) implement the measures adopted adopted by the Federal Government under treatment and payment where the health under section 2908 and report to the Sec- section 2903; care provider is required by law to treat the retary on such measures; ‘‘(F) require that health care providers re- individual; ‘‘(F) agree to notify patients if their indi- ceiving such loans implement the measures ‘‘(C) if the health care provider is unable to vidually identifiable health information is adopted under section 2908 and report to the obtain consent due to substantial barriers to wrongfully disclosed; Secretary on such measures; and communicating with the individual and the ‘‘(G) demonstrate significant financial ‘‘(G) provide matching funds in accordance provider reasonably infers from the cir- need; and with paragraph (8). cumstances, based upon the exercise of pro- ‘‘(H) provide matching funds in accordance ‘‘(4) STRATEGIC PLAN.— fessional judgment, that the individual does with paragraph (4). ‘‘(A) IN GENERAL.—A State that receives a not object to the disclosure or that the dis- ‘‘(3) USE OF FUNDS.—Amounts received grant under this subsection shall annually closure is in the best interest of the indi- under a grant under this subsection shall be prepare a strategic plan that identifies the vidual; and used to facilitate the purchase and enhance intended uses of amounts available to the ‘‘(D) to the extent that the information is the utilization of qualified health informa- State loan fund of the State. necessary to carry out or otherwise imple- tion technology systems and training per- ‘‘(B) CONTENTS.—A strategic plan under ment a medical practitioner’s order or pre- sonnel in the use of such technology. subparagraph (A) shall include— scription for health services, medical devices ‘‘(4) MATCHING REQUIREMENT.—To be eligi- ‘‘(i) a list of the projects to be assisted or supplies, or pharmaceuticals. ble for a grant under this subsection an enti- through the State loan fund in the first fis- ‘‘(3) The protections must prohibit the im- ty shall contribute non-Federal contribu- cal year that begins after the date on which proper use and disclosure of individually tions to the costs of carrying out the activi- the plan is submitted; identifiable health information by any entities for which the grant is awarded in an ‘‘(ii) a description of the criteria and meth- ty. amount equal to $1 for each $3 of Federal ods established for the distribution of funds ‘‘(4) The protections must provide any indi- funds provided under the grant. from the State loan fund; and vidual a right to obtain damages and other ‘‘(5) PREFERENCE IN AWARDING GRANTS.—In ‘‘(iii) a description of the financial status relief against any entity for the entity’s im- awarding grants under this subsection the of the State loan fund and the short-term proper use or disclosure of individually iden- Secretary shall give preference to— and long-term goals of the State loan fund. tifiable health information. ‘‘(A) eligible entities that are located in ‘‘(5) USE OF FUNDS.— ‘‘(5) The protections must require the use rural, frontier, and other underserved areas ‘‘(A) IN GENERAL.—Amounts deposited in a of reasonable safeguards, including audit ca- as determined by the Secretary; State loan fund, including loan repayments pabilities, encryption and other technologies ‘‘(B) eligible entities that will link, to the and interest earned on such amounts, shall that make data unusable to unauthorized extent practicable, the qualified health in- be used only for awarding loans or loan guar- persons, and other measures, against the formation system to local or regional health antees, or as a source of reserve and security risk of loss or unauthorized access, destruc- information plan or plans; and for leveraged loans, the proceeds of which

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are deposited in the State loan fund estab- ‘‘(i) IN GENERAL.—A State loan fund estab- ‘‘(viii) employers; and lished under paragraph (1). Loans under this lished under this subsection may accept con- ‘‘(ix) any other health care providers or section may be used by a health care pro- tributions from private sector entities, ex- other entities, as determined appropriate by vider to facilitate the purchase and enhance cept that such entities may not specify the the Secretary; the utilization of qualified health informa- recipient or recipients of any loan issued ‘‘(D) demonstrate the participation, to the tion technology and training of personnel in under this subsection. extent practicable, of stakeholders in the the use of such technology. ‘‘(ii) AVAILABILITY OF INFORMATION.—A electronic exchange of health information ‘‘(B) LIMITATION.—Amounts received by a State shall make publicly available the iden- within the local or regional plan pursuant to State under this subsection may not be tity of, and amount contributed by, any pri- paragraph (2)(C); used— vate sector entity under clause (i) and may ‘‘(E) adopt nondiscrimination and conflict ‘‘(i) for the purchase or other acquisition of issue letters of commendation or make other of interest policies that demonstrate a com- any health information technology system awards (that have no financial value) to any mitment to open, fair, and nondiscrim- that is not a qualified health information such entity. inatory participation in the health informa- technology system; ‘‘(8) MATCHING REQUIREMENTS.— tion plan by all stakeholders; ‘‘(ii) to conduct activities for which Fed- ‘‘(A) IN GENERAL.—The Secretary may not ‘‘(F) adopt the standards adopted by the eral funds are expended under this title, or make a grant under paragraph (1) to a State Secretary under section 2903; the amendments made by the Wired for unless the State agrees to make available ‘‘(G) require that health care providers re- Health Care Quality Act; or (directly or through donations from public or ceiving such grants implement the measures private entities) non-Federal contributions adopted under section 2908 and report to the ‘‘(iii) for any purpose other than making in cash toward the costs of the State pro- Secretary on such measures; loans to eligible entities under this section. gram to be implemented under the grant in ‘‘(H) agree to notify patients if their indi- ‘‘(6) TYPES OF ASSISTANCE.—Except as oth- an amount equal to not less than $1 for each vidually identifiable health information is erwise limited by applicable State law, $1 of Federal funds provided under the grant. wrongfully disclosed; amounts deposited into a State loan fund ‘‘(B) DETERMINATION OF AMOUNT OF NON- ‘‘(I) facilitate the electronic exchange of under this subsection may only be used for FEDERAL CONTRIBUTION.—In determining the health information within the local or re- the following: amount of non-Federal contributions that a gional area and among local and regional ‘‘(A) To award loans that comply with the State has provided pursuant to subparagraph areas; following: (A), the Secretary may not include any ‘‘(J) prepare and submit to the Secretary ‘‘(i) The interest rate for each loan shall be amounts provided to the State by the Fed- an application in accordance with paragraph less than or equal to the market interest eral Government. (3); and rate. ‘‘(9) PREFERENCE IN AWARDING GRANTS.— ‘‘(K) agree to provide matching funds in ac- ‘‘(ii) The principal and interest payments The Secretary may give a preference in cordance with paragraph (5). on each loan shall commence not later than awarding grants under this subsection to ‘‘(3) APPLICATION.— 1 year after the loan was awarded, and each States that adopt value-based purchasing ‘‘(A) IN GENERAL.—To be eligible to receive loan shall be fully amortized not later than programs to improve health care quality. a grant under paragraph (1), an entity shall 10 years after the date of the loan. ‘‘(10) REPORTS.—The Secretary shall annu- submit to the Secretary an application at ‘‘(iii) The State loan fund shall be credited ally submit to the Committee on Health, such time, in such manner, and containing with all payments of principal and interest Education, Labor, and Pensions and the such information as the Secretary may re- on each loan awarded from the fund. Committee on Finance of the Senate, and quire. ‘‘(B) To guarantee, or purchase insurance the Committee on Energy and Commerce and ‘‘(B) REQUIRED INFORMATION.—At a min- for, a local obligation (all of the proceeds of the Committee on Ways and Means of the imum, an application submitted under this which finance a project eligible for assist- House of Representatives, a report summa- paragraph shall include— ance under this subsection) if the guarantee rizing the reports received by the Secretary ‘‘(i) clearly identified short-term and long- or purchase would improve credit market ac- from each State that receives a grant under term objectives of the regional or local cess or reduce the interest rate applicable to this subsection. health information plan; the obligation involved. ‘‘(c) COMPETITIVE GRANTS FOR THE IMPLE- ‘‘(ii) a technology plan that complies with ‘‘(C) As a source of revenue or security for MENTATION OF REGIONAL OR LOCAL HEALTH the standards adopted under section 2903 and the payment of principal and interest on rev- INFORMATION TECHNOLOGY PLANS.— that includes a descriptive and reasoned esti- enue or general obligation bonds issued by ‘‘(1) IN GENERAL.—The Secretary may mate of costs of the hardware, software, the State if the proceeds of the sale of the award competitive grants to eligible entities training, and consulting services necessary bonds will be deposited into the State loan to implement regional or local health infor- to implement the regional or local health in- fund. mation plans to improve health care quality formation plan; ‘‘(D) To earn interest on the amounts de- and efficiency through the electronic ex- ‘‘(iii) a strategy that includes initiatives to posited into the State loan fund. change of health information pursuant to improve health care quality and efficiency, ‘‘(7) ADMINISTRATION OF STATE LOAN the standards, protocols, and other require- including the use and reporting of health FUNDS.— ments adopted by the Secretary under sec- care quality measures adopted under section ‘‘(A) COMBINED FINANCIAL ADMINISTRA- tions 2903 and 2908. 2908; TION.—A State may (as a convenience and to ‘‘(2) ELIGIBILITY.—To be eligible to receive ‘‘(iv) a plan that describes provisions to en- avoid unnecessary administrative costs) a grant under paragraph (1) an entity shall— courage the implementation of the elec- combine, in accordance with State law, the ‘‘(A) demonstrate financial need to the tronic exchange of health information by all financial administration of a State loan fund Secretary; physicians, including single physician prac- established under this subsection with the fi- ‘‘(B) demonstrate that one of its principal tices and small physician groups partici- nancial administration of any other revolv- missions or purposes is to use information pating in the health information plan; ing fund established by the State if other- technology to improve health care quality ‘‘(v) a plan to ensure the privacy and secu- wise not prohibited by the law under which and efficiency; rity of personal health information that is the State loan fund was established. ‘‘(C) adopt bylaws, memoranda of under- consistent with Federal and State law; ‘‘(B) COST OF ADMINISTERING FUND.—Each standing, or other charter documents that ‘‘(vi) a governance plan that defines the State may annually use not to exceed 4 per- demonstrate that the governance structure manner in which the stakeholders shall cent of the funds provided to the State under and decisionmaking processes of such entity jointly make policy and operational deci- a grant under this subsection to pay the rea- allow for participation on an ongoing basis sions on an ongoing basis; sonable costs of the administration of the by multiple stakeholders within a commu- ‘‘(vii) a financial or business plan that de- programs under this section, including the nity, including— scribes— recovery of reasonable costs expended to es- ‘‘(i) physicians (as defined in section 1861(r) ‘‘(I) the sustainability of the plan; tablish a State loan fund which are incurred of the Social Security Act), including physi- ‘‘(II) the financial costs and benefits of the after the date of enactment of this title. cians that provide services to low income plan; and ‘‘(C) GUIDANCE AND REGULATIONS.—The Sec- and underserved populations; ‘‘(III) the entities to which such costs and retary shall publish guidance and promul- ‘‘(ii) hospitals (including hospitals that benefits will accrue; and gate regulations as may be necessary to provide services to low income and under- ‘‘(viii) in the case of an applicant entity carry out the provisions of this subsection, served populations); that is unable to demonstrate the participa- including— ‘‘(iii) pharmacists or pharmacies; tion of all stakeholders pursuant to para- ‘‘(i) provisions to ensure that each State ‘‘(iv) health insurance plans; graph (2)(C), the justification from the enti- commits and expends funds allotted to the ‘‘(v) health centers (as defined in section ty for any such nonparticipation. State under this subsection as efficiently as 330(b)) and Federally qualified health centers ‘‘(4) USE OF FUNDS.—Amounts received possible in accordance with this title and ap- (as defined in section 1861(aa)(4) of the Social under a grant under paragraph (1) shall be plicable State laws; and Security Act); used to establish and implement a regional ‘‘(ii) guidance to prevent waste, fraud, and ‘‘(vi) rural health clinics (as defined in sec- or local health information plan in accord- abuse. tion 1861(aa) of the Social Security Act); ance with this subsection. ‘‘(D) PRIVATE SECTOR CONTRIBUTIONS.— ‘‘(vii) patient or consumer organizations; ‘‘(5) MATCHING REQUIREMENT.—

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‘‘(A) IN GENERAL.—The Secretary may not ‘‘(2) submit to the Secretary a strategic measuring the quality of care patients re- make a grant under this subsection to an en- plan for integrating qualified health infor- ceive. tity unless the entity agrees that, with re- mation technology in the clinical education ‘‘(b) REQUIREMENTS.—The Secretary shall spect to the costs to be incurred by the enti- of health professionals and for ensuring the ensure that the quality measures developed ty in carrying out the infrastructure pro- consistent utilization of decision support under this section comply with the fol- gram for which the grant was awarded, the software to reduce medical errors and en- lowing: entity will make available (directly or hance health care quality; ‘‘(1) MEASURES.— through donations from public or private en- ‘‘(3) be— ‘‘(A) REQUIREMENTS.—In developing the tities) non-Federal contributions toward ‘‘(A) a health professions school; quality measures under this section, the Sec- such costs in an amount equal to not less ‘‘(B) a school of nursing; or retary shall, to the extent feasible, ensure than 50 percent of such costs ($1 for each $2 ‘‘(C) an institution with a graduate med- that— of Federal funds provided under the grant). ical education program; ‘‘(i) such measures are evidence based, reli- ‘‘(B) DETERMINATION OF AMOUNT CONTRIB- ‘‘(4) provide for the collection of data re- able, and valid; UTED.—Non-Federal contributions required garding the effectiveness of the demonstra- ‘‘(ii) such measures are consistent with the under subparagraph (A) may be in cash or in tion project to be funded under the grant in purposes described in section 2902(b); kind, fairly evaluated, including equipment, improving the safety of patients, the effi- ‘‘(iii) such measures include measures of technology, or services. Amounts provided ciency of health care delivery, and in in- clinical processes and outcomes, patient ex- by the Federal Government, or services as- creasing the likelihood that graduates of the perience, efficiency, and equity; and sisted or subsidized to any significant extent grantee will adopt and incorporate health in- ‘‘(iv) such measures include measures of by the Federal Government, may not be information technology, and implement the overuse and underuse of health care items cluded in determining the amount of such quality measures adopted under section 2908, and services. non-Federal contributions. in the delivery of health care services; and ‘‘(2) PRIORITIES.—In developing the quality ‘‘(d) REPORTS.—Not later than 1 year after ‘‘(5) provide matching funds in accordance measures under this section, the Secretary the date on which the first grant is awarded with subsection (c). shall ensure that priority is given to— under this section, and annually thereafter ‘‘(c) USE OF FUNDS.— ‘‘(A) measures with the greatest potential during the grant period, an entity that re- ‘‘(1) IN GENERAL.—With respect to a grant impact for improving the quality and effi- ceives a grant under this section shall sub- under subsection (a), an eligible entity ciency of care provided under this Act; mit to the Secretary a report on the activi- shall— ‘‘(B) measures that may be rapidly imple- ties carried out under the grant involved. ‘‘(A) use grant funds in collaboration with mented by group health plans, health insur- Each such report shall include— 2 or more disciplines; and ance issuers, physicians, hospitals, nursing ‘‘(1) a description of the financial costs and ‘‘(B) use grant funds to integrate qualified homes, long-term care providers, and other benefits of the project involved and of the health information technology into commu- providers; and entities to which such costs and benefits ac- nity-based clinical education. ‘‘(C) measures which may inform health crue; ‘‘(2) LIMITATION.—An eligible entity shall care decisions made by consumers and pa- ‘‘(2) an analysis of the impact of the not use amounts received under a grant tients. project on health care quality and safety; under subsection (a) to purchase hardware, ‘‘(3) RISK ADJUSTMENT.—The Secretary ‘‘(3) a description of any reduction in dupli- software, or services. shall establish procedures to account for dif- cative or unnecessary care as a result of the ‘‘(d) MATCHING FUNDS.— ferences in patient health status, patient project involved; ‘‘(1) IN GENERAL.—The Secretary may characteristics, and geographic location. To ‘‘(4) a description of the efforts of recipi- award a grant to an entity under this section the extent practicable, such procedures shall ents under this section to facilitate secure only if the entity agrees to make available recognize existing procedures. patient access to health information; and non-Federal contributions toward the costs ‘‘(4) MAINTENANCE.—The Secretary shall, as ‘‘(5) other information as required by the of the program to be funded under the grant determined appropriate, but in no case more Secretary. in an amount that is not less than $1 for each often than once during each 12-month period, ‘‘(e) REQUIREMENT TO ACHIEVE QUALITY IM- $2 of Federal funds provided under the grant. update the quality measures, including PROVEMENT.—The Secretary shall annually ‘‘(2) DETERMINATION OF AMOUNT CONTRIB- through the addition of more accurate and evaluate the activities conducted under this UTED.—Non-Federal contributions under precise measures and the retirement of exist- section and shall, in awarding grants, imple- paragraph (1) may be in cash or in kind, fair- ing outdated measures. ment the lessons learned from such evalua- ly evaluated, including equipment or serv- ‘‘(5) RELATIONSHIP WITH PROGRAMS UNDER tion in a manner so that awards made subse- ices. Amounts provided by the Federal Gov- THE SOCIAL SECURITY ACT.—The Secretary quent to each such evaluation are made in a ernment, or services assisted or subsidized to shall ensure that the quality measures devel- manner that, in the determination of the any significant extent by the Federal Gov- oped under this section— Secretary, will result in the greatest im- ernment, may not be included in deter- ‘‘(A) complement quality measures devel- provement in quality measures under section mining the amount of such contributions. oped by the Secretary under programs ad- 2908. ‘‘(e) EVALUATION.—The Secretary shall ministered by the Secretary under the Social IMITATION.—An eligible entity may ‘‘(f) L take such action as may be necessary to Security Act, including programs under ti- only receive one non-renewable grant under evaluate the projects funded under this sec- tles XVIII, XIX, and XXI of such Act; and subsection (a), one non-renewable grant tion and publish, make available, and dis- ‘‘(B) do not conflict with the needs and pri- under subsection (b), and one non-renewable seminate the results of such evaluations on orities of the programs under titles XVIII, grant under subsection (c). as wide a basis as is practicable. XIX, and XXI of such Act, as set forth by the ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(f) REPORTS.—Not later than 1 year after Administrator of the Centers for Medicare & ‘‘(1) IN GENERAL.—For the purpose of car- the date of enactment of this title, and annu- Medicaid Services. rying out this section, there is authorized to ally thereafter, the Secretary shall submit be appropriated $116,000,000 for fiscal year ‘‘(c) REQUIRED CONSIDERATIONS IN DEVEL- to the Committee on Health, Education, 2007, $141,000,000 for fiscal year 2008, and such OPING AND UPDATING THE MEASURES.—In de- Labor, and Pensions and the Committee on sums as may be necessary for each of fiscal veloping and updating the quality measures Finance of the Senate, and the Committee years 2009 through 2011. under this section, the Secretary may take on Energy and Commerce and the Committee into account— ‘‘(2) AVAILABILITY.—Amounts appropriated on Ways and Means of the House of Rep- under paragraph (1) shall remain available ‘‘(1) any demonstration or pilot program resentatives a report that— through fiscal year 2011. conducted by the Secretary relating to meas- ‘‘(1) describes the specific projects estab- uring and rewarding quality and efficiency of ‘‘SEC. 2907. DEMONSTRATION PROGRAM TO INTE- lished under this section; and GRATE INFORMATION TECHNOLOGY care; INTO CLINICAL EDUCATION. ‘‘(2) contains recommendations for Con- ‘‘(2) any existing activities conducted by ‘‘(a) IN GENERAL.—The Secretary may gress based on the evaluation conducted the Secretary relating to measuring and re- award grants under this section to carry out under subsection (e). warding quality and efficiency; demonstration projects to develop academic ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(3) any existing activities conducted by curricula integrating qualified health infor- There is authorized to be appropriated to private entities, including health insurance mation technology systems in the clinical carry out this section, $5,000,000 for fiscal plans and payors; education of health professionals. Such year 2007, and such sums as may be necessary ‘‘(4) the report by the Institute of Medicine awards shall be made on a competitive basis for each of fiscal years 2008 through 2010. of the National Academy of Sciences under and pursuant to peer review. ‘‘(h) SUNSET.—This section shall not apply section 238(b) of the Medicare Prescription ‘‘(b) ELIGIBILITY.—To be eligible to receive after September 30, 2010. Drug, Improvement, and Modernization Act a grant under subsection (a), an entity ‘‘SEC. 2908. QUALITY MEASURES. of 2003; and shall— ‘‘(a) IN GENERAL.—The Secretary shall de- ‘‘(5) issues of data collection and reporting, ‘‘(1) submit to the Secretary an application velop quality measures, including measures including the feasibility of collecting and re- at such time, in such manner, and con- to assess the effectiveness, timeliness, pa- porting data on measures. taining such information as the Secretary tient self-management, patient centeredness, ‘‘(d) SOLICITATION OF ADVICE AND REC- may require; efficiency, and safety, for the purpose of OMMENDATIONS.—On and after July 1, 2007,

VerDate Aug 31 2005 02:03 Jul 28, 2006 Jkt 049060 PO 00000 Frm 00014 Fmt 4634 Sfmt 0634 E:\CR\FM\A27JY7.006 H27JYPT1 CCOLEMAN on PROD1PC71 with HOUSE July 27, 2006 CONGRESSIONAL RECORD — HOUSE H5971 the Secretary shall consult with the fol- prove health care quality, efficiency, and pa- practices to support and accelerate efforts to lowing regarding the development, updating, tient safety; and adopt, implement, and effectively use inter- and use of quality measures developed under ‘‘(2) establish mechanisms for the rapid operable health information technology in this section: dissemination of information regarding evi- compliance with section 2903 and 2908. ‘‘(1) Health insurance plans and health care dence-based guidelines with the greatest po- ‘‘(2) PURPOSES.—The purpose of the Center providers, including such plans and providers tential to improve health care quality, effi- is to— with experience in the care of the frail elder- ciency, and patient safety. ‘‘(A) provide a forum for the exchange of ly and individuals with multiple complex ‘‘(h) RULE OF CONSTRUCTION.—Nothing in knowledge and experience; chronic conditions, or groups representing this title shall be construed as prohibiting ‘‘(B) accelerate the transfer of lessons such health insurance plans and providers. the Secretary, acting through the Adminis- learned from existing public and private sec- ‘‘(2) Groups representing patients and con- trator of the Centers for Medicare & Med- tor initiatives, including those currently re- sumers. icaid Services, from developing quality ceiving Federal financial support; ‘‘(3) Purchasers and employers or groups measures (and timing requirements for re- ‘‘(C) assemble, analyze, and widely dis- representing purchasers or employers. porting such measures) for use under pro- seminate evidence and experience related to ‘‘(4) Organizations that focus on quality grams administered by the Secretary under the adoption, implementation, and effective improvement as well as the measurement the Social Security Act, including programs use of interoperable health information tech- and reporting of quality measures. under titles XVIII, XIX, and XXI of such nology. ‘‘(5) Organizations that certify and license Act.’’. ‘‘(D) provide for the establishment of re- health care providers. SEC. 3. LICENSURE AND THE ELECTRONIC EX- gional and local health information net- ‘‘(6) State government public health pro- CHANGE OF HEALTH INFORMATION. works to facilitate the development of inter- grams. (a) IN GENERAL.—The Secretary of Health operability across health care settings and ‘‘(7) Individuals or entities skilled in the and Human Services shall carry out, or con- improve the quality of health care; conduct and interpretation of biomedical, tract with a private entity to carry out, a ‘‘(E) provide for the development of solu- health services, and health economics re- study that examines— tions to barriers to the exchange of elec- search and with expertise in outcomes and (1) the variation among State laws that re- tronic health information; and effectiveness research and technology assess- late to the licensure, registration, and cer- ‘‘(F) conduct other activities identified by ment. tification of medical professionals; and the States, local or regional health informa- ‘‘(8) Individuals or entities involved in the (2) how such variation among State laws tion networks, or health care stakeholders development and establishment of standards impacts the secure electronic exchange of as a focus for developing and sharing best and certification for health information health information— practices. technology systems and clinical data. (A) among the States; and ‘‘(3) SUPPORT FOR ACTIVITIES.—To provide ‘‘(9) Individuals or entities with experience (B) between the States and the Federal support for the activities of the Center, the with— Government. Director shall modify the requirements, if ‘‘(A) urban health care issues; (b) REPORT AND RECOMMENDATIONS.—Not necessary, that apply to the National Re- ‘‘(B) safety net health care issues; and later than 1 year after the date of enactment source Center for Health Information Tech- ‘‘(C) rural and frontier health care issues. of this Act, the Secretary of Health and nology to provide the necessary infrastruc- ‘‘(e) USE OF QUALITY MEASURES.— Human Services shall publish a report that— ture to support the duties and activities of ‘‘(1) IN GENERAL.—For purposes of activi- (1) describes the results of the study car- the Center and facilitate information ex- ties conducted or supported by the Secretary ried out under subsection (a); and change across the public and private sectors. under this Act, the Secretary shall, to the (2) makes recommendations to States re- ‘‘(4) RULE OF CONSTRUCTION.—Nothing in extent practicable, adopt and utilize the garding the harmonization of State laws this subsection shall be construed to require quality measures developed under this sec- based on the results of such study. the duplication of Federal efforts with re- tion. SEC. 4. ENSURING PRIVACY AND SECURITY. spect to the establishment of the Center, re- ‘‘(2) COLLABORATIVE AGREEMENTS.—With re- Nothing in this Act (or the amendments gardless of whether such efforts were carried spect to activities conducted or supported by made by this Act) shall be construed to af- out prior to or after the enactment of this the Secretary under this Act, the Secretary fect the scope, substance, or applicability subsection. may establish collaborative agreements with of— ‘‘(e) TECHNICAL ASSISTANCE TELEPHONE private entities, including group health (1) section 264 of the Health Insurance NUMBER OR WEBSITE.—The Secretary shall plans and health insurance issuers, pro- Portability and Accountability Act of 1996; establish a toll-free telephone number or viders, purchasers, consumer organizations, (2) sections 1171 through 1179 of the Social Internet website to provide health care pro- and entities receiving a grant under section Security Act; and viders and patients with a single point of 2906, to— (3) any regulation issued pursuant to any contact to— ‘‘(A) encourage the use of the quality such section. ‘‘(1) learn about Federal grants and tech- measures adopted by the Secretary under SEC. 5. GAO STUDY. nical assistance services related to inter- this section; and Not later than 6 months after the date of operable health information technology; ‘‘(B) foster uniformity between the health enactment of this Act, the Comptroller Gen- ‘‘(2) learn about qualified health informa- care quality measures utilized by private en- eral of the United States shall submit to tion technology and the quality measures tities. Congress a report on the necessity and work- adopted by the Federal Government under ‘‘(3) REPORTING.—The Secretary shall im- ability of requiring health plans (as defined sections 2903 and 2908; plement procedures to enable the Depart- in section 1171 of the Social Security Act (42 ‘‘(3) learn about regional and local health ment of Health and Human Services to ac- U.S.C. 1320d)), health care clearinghouses (as information networks for assistance with cept the electronic submission of data for defined in such section 1171), and health care health information technology; and purposes of— providers (as defined in such section 1171) ‘‘(4) disseminate additional information de- ‘‘(A) quality measurement using the qual- who transmit health information in elec- termined by the Secretary. ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— ity measures developed under this section tronic form, to notify patients if their indi- There is authorized to be appropriated, such and using the standards adopted by the Fed- vidually identifiable health information (as sums as may be necessary for each of fiscal eral Government under section 2903; and defined in such section 1171) is wrongfully years 2007 and 2008 to carry out this sub- ‘‘(B) for reporting measures used to make disclosed. value-based payments under programs under section.’’. SEC. 6. STUDY OF REIMBURSEMENT INCENTIVES. the Social Security Act. SEC. 8. REAUTHORIZATION OF INCENTIVE The Secretary of Health and Human Serv- ‘‘(f) DISSEMINATION OF INFORMATION.—Be- GRANTS REGARDING TELEMEDI- ginning on January 1, 2008, in order to make ices shall carry out, or contract with a pri- CINE. comparative quality information available vate entity to carry out, a study that exam- Section 330L(b) of the Public Health Serv- to health care consumers, health profes- ines methods to create efficient reimburse- ice Act (42 U.S.C. 254c–18(b)) is amended by sionals, public health officials, researchers, ment incentives for improving health care striking ‘‘2002 through 2006’’ and inserting and other appropriate individuals and enti- quality in Federally qualified health centers, ‘‘2007 through 2011’’. ties, the Secretary shall provide for the dis- rural health clinics, and free clinics. semination, aggregation, and analysis of SEC. 7. HEALTH INFORMATION TECHNOLOGY RE- THE VOTE ON THE PREVIOUS QUESTION: WHAT quality measures collected under section 2906 SOURCE CENTER. IT REALLY MEANS and the dissemination of recommendations Section 914 of the Public Health Service This vote, the vote on whether to order the and best practices derived in part from such Act (42 U.S.C. 299b–3) is amended by adding previous question on a special rule, is not analysis. at the end the following: merely a procedural vote. A vote against or- ‘‘(g) TECHNICAL ASSISTANCE.—The Sec- ‘‘(d) HEALTH INFORMATION TECHNOLOGY RE- dering the previous question is a vote retary shall provide technical assistance to SOURCE CENTER.— against the Republican majority agenda and public and private entities to enable such en- ‘‘(1) IN GENERAL.—The Secretary, acting a vote to allow the opposition, at least for tities to— through the Director, shall develop a Health the moment, to offer an alternative plan. It ‘‘(1) implement and use evidence-based Information Technology Resource Center to is a vote about what the House should be de- guidelines with the greatest potential to im- provide technical assistance and develop best bating.

VerDate Aug 31 2005 02:03 Jul 28, 2006 Jkt 049060 PO 00000 Frm 00015 Fmt 4634 Sfmt 0634 E:\CR\FM\A27JY7.006 H27JYPT1 CCOLEMAN on PROD1PC71 with HOUSE H5972 CONGRESSIONAL RECORD — HOUSE July 27, 2006 Mr. Clarence Cannon’s Precedents of the RECESS Mack Poe Simmons House of Representatives, (VI, 308–311) de- Marchant Pombo Simpson scribes the vote on the previous question on The SPEAKER pro tempore. Pursu- McCaul (TX) Porter Smith (NJ) the rule as ‘‘a motion to direct or control the ant to clause 12(a) of rule I, the Chair McCotter Price (GA) Smith (TX) consideration of the subject before the House declares the House in recess subject to McCrery Pryce (OH) Sodrel being made by the Member in charge.’’ To McHugh Putnam Souder the call of the Chair. McKeon Radanovich Stearns defeat the previous question is to give the Accordingly (at 11 o’clock and 25 McMorris Ramstad Sullivan opposition a chance to decide the subject be- minutes a.m.), the House stood in re- Mica Regula Sweeney fore the House. Cannon cites the Speaker’s cess subject to the call of the Chair. Miller (FL) Rehberg Tancredo ruling of January 13, 1920, to the effect that Miller (MI) Reichert Taylor (NC) ‘‘the refusal of the House to sustain the de- f Miller, Gary Renzi Terry mand for the previous question passes the Moran (KS) Reynolds Thomas control of the resolution to the opposition’’ b 1202 Murphy Rogers (AL) Thornberry in order to offer an amendment. On March Musgrave Rogers (KY) Tiahrt 15, 1909, a member of the majority party of- AFTER RECESS Myrick Rogers (MI) Tiberi Neugebauer Rohrabacher Turner fered a rule resolution. The House defeated The recess having expired, the House the previous question and a member of the Ney Ros-Lehtinen Upton opposition rose to a parliamentary inquiry, was called to order by the Speaker pro Northup Royce Walden (OR) asking who was entitled to recognition. tempore (Mr. SIMPSON) at 12 o’clock Norwood Ryan (WI) Walsh Nunes Ryun (KS) Wamp Speaker Joseph G. Cannon (R-Illinois) said: and 2 minutes p.m. Osborne Saxton Weldon (FL) ‘‘The previous question having been refused, f Otter Schmidt Weldon (PA) the gentleman from New York, Mr. Fitz- Oxley Schwarz (MI) Weller gerald, who had asked the gentleman to PROVIDING FOR CONSIDERATION Paul Sensenbrenner Westmoreland yield to him for an amendment, is entitled to OF H.R. 4157, HEALTH INFORMA- Pearce Sessions Whitfield the first recognition.’’ Pence Shadegg Wicker Because the vote today may look bad for TION TECHNOLOGY PROMOTION Peterson (PA) Shaw Wilson (NM) the Republican majority they will say ‘‘the ACT OF 2006 Petri Shays Wilson (SC) vote on the previous question is simply a Pickering Sherwood Wolf The SPEAKER pro tempore. The Pitts Shimkus Young (AK) vote on whether to proceed to an immediate pending business is the vote on order- vote on adopting the resolution . . . [and] has Platts Shuster Young (FL) no substantive legislative or policy implica- ing the previous question on House NAYS—193 tions whatsoever.’’ But that is not what they Resolution 952, on which the yeas and have always said. Listen to the Republican nays were ordered. Abercrombie Gordon Murtha Leadership Manual on the Legislative Proc- The Clerk read the title of the resolu- Ackerman Green, Al Nadler ess in the United States House of Represent- tion. Allen Green, Gene Napolitano atives, (6th edition, page 135). Here’s how the Andrews Grijalva Neal (MA) The SPEAKER pro tempore. The Baca Gutierrez Republicans describe the previous question Oberstar question is on ordering the previous Baird Harman Obey vote in their own manual: Although it is question. Baldwin Hastings (FL) Olver generally not possible to amend the rule be- Barrow Herseth Pursuant to clause 9 of rule XX, the Ortiz cause the majority Member controlling the Bean Higgins Owens time will not yield for the purpose of offering Chair will reduce to 5 minutes the min- Becerra Hinchey Pallone an amendment, the same result may be imum time for electronic voting, if or- Berkley Hinojosa Pascrell achieved by voting down the previous ques- Berman Holden Pastor dered, on the question of adoption of Berry Holt tion on the rule . . . When the motion for the the resolution. Payne Bishop (GA) Honda Peterson (MN) previous question is defeated, control of the The vote was taken by electronic de- Bishop (NY) Hooley time passes to the Member who led the oppo- Pomeroy vice, and there were—yeas 223, nays Blumenauer Hoyer Price (NC) sition to ordering the previous question. Boren Israel 193, not voting 16, as follows: Rahall That Member, because he then controls the Boswell Jackson (IL) Rangel time, may offer an amendment to the rule, [Roll No. 412] Boucher Jackson-Lee Reyes or yield for the purpose of amendment.’’ Boyd (TX) Ross YEAS—223 Brady (PA) Jefferson Deschler’s Procedure in the U.S. House of Rothman Aderholt Conaway Hastings (WA) Brown (OH) Johnson, E. B. Representatives, the subchapter titled Roybal-Allard Akin Crenshaw Hayes Brown, Corrine Jones (OH) Ruppersberger ‘‘Amending Special Rules’’ states: ‘‘a refusal Alexander Culberson Hayworth Butterfield Kanjorski Rush to order the previous question on such a rule Bachus Davis (KY) Hefley Capps Kaptur Ryan (OH) [a special rule reported from the Committee Baker Davis, Tom Hensarling Capuano Kennedy (RI) Sabo on Rules] opens the resolution to amend- Barrett (SC) Dent Herger Cardin Kildee Salazar Bartlett (MD) Diaz-Balart, L. Hobson Cardoza Kilpatrick (MI) ment and further debate.’’ (Chapter 21, sec- Sa´ nchez, Linda Barton (TX) Diaz-Balart, M. Hoekstra Carnahan Kind tion 21.2) Section 21.3 continues: Upon rejec- T. Bass Doolittle Hostettler Carson Kucinich tion of the motion for the previous question Sanchez, Loretta Beauprez Drake Hulshof Case Langevin on a resolution reported from the Committee Sanders Biggert Dreier Hunter Chandler Lantos on Rules, control shifts to the Member lead- Bilbray Duncan Hyde Clay Larsen (WA) Schakowsky ing the opposition to the previous question, Bilirakis Ehlers Inglis (SC) Cleaver Larson (CT) Schiff who may offer a proper amendment or mo- Bishop (UT) Emerson Inslee Clyburn Lee Schwartz (PA) tion and who controls the time for debate Blackburn English (PA) Issa Conyers Levin Scott (GA) thereon.’’ Blunt Everett Jenkins Cooper Lipinski Scott (VA) Clearly, the vote on the previous question Boehlert Feeney Jindal Costa Lofgren, Zoe Serrano Boehner Ferguson Johnson (CT) Costello Lowey Sherman on a rule does have substantive policy impli- Skelton cations. It is one of the only available tools Bonilla Fitzpatrick (PA) Johnson (IL) Cramer Lynch Bonner Flake Johnson, Sam Cuellar Maloney Slaughter for those who oppose the Republican major- Bono Foley Jones (NC) Cummings Markey Smith (WA) ity’s agenda to offer an alternative plan. Boozman Forbes Keller Davis (AL) Marshall Snyder Mr. LINCOLN DIAZ-BALART of Boustany Fortenberry Kelly Davis (CA) Matheson Solis Spratt Florida. Mr. Speaker, I yield back the Bradley (NH) Foxx Kennedy (MN) Davis (FL) Matsui Brady (TX) Franks (AZ) King (IA) Davis (IL) McCarthy Stark balance of my time, and I move the Brown (SC) Frelinghuysen King (NY) Davis (TN) McCollum (MN) Strickland previous question on the resolution. Brown-Waite, Gallegly Kingston DeFazio McDermott Stupak The SPEAKER pro tempore. The Ginny Garrett (NJ) Kirk DeGette McGovern Tanner question is on ordering the previous Burgess Gerlach Kline Delahunt McIntyre Tauscher Burton (IN) Gibbons Knollenberg DeLauro McNulty Taylor (MS) question. Buyer Gilchrest Kolbe Dicks Meehan Thompson (CA) The question was taken; and the Calvert Gillmor Kuhl (NY) Dingell Meek (FL) Thompson (MS) Speaker pro tempore announced that Camp (MI) Gingrey LaHood Doggett Meeks (NY) Tierney the ayes appeared to have it. Campbell (CA) Gohmert Latham Doyle Melancon Towns Cannon Goode LaTourette Edwards Michaud Udall (CO) Ms. MATSUI. Mr. Speaker, on that I Cantor Goodlatte Leach Engel Millender- Udall (NM) demand the yeas and nays. Capito Granger Lewis (CA) Eshoo McDonald Van Hollen The yeas and nays were ordered. Carter Graves Lewis (KY) Etheridge Miller (NC) Vela´ zquez The SPEAKER pro tempore. Pursu- Castle Green (WI) Linder Farr Miller, George Visclosky ant to clause 8 of rule XX, further pro- Chabot Gutknecht LoBiondo Filner Mollohan Wasserman Chocola Hall Lucas Ford Moore (KS) Schultz ceedings on this question will be post- Coble Harris Lungren, Daniel Frank (MA) Moore (WI) Waters poned. Cole (OK) Hart E. Gonzalez Moran (VA) Watson

VerDate Aug 31 2005 02:03 Jul 28, 2006 Jkt 049060 PO 00000 Frm 00016 Fmt 4634 Sfmt 0634 E:\CR\FM\A27JY7.007 H27JYPT1 CCOLEMAN on PROD1PC71 with HOUSE July 27, 2006 CONGRESSIONAL RECORD — HOUSE H5973 Watt Weiner Wu Doolittle King (NY) Ramstad Meeks (NY) Rahall Solis Waxman Woolsey Wynn Drake Kingston Regula Melancon Rangel Spratt Dreier Kirk Rehberg Michaud Reyes Stark NOT VOTING—16 Duncan Kline Reichert Millender- Ross Stupak Crowley Fattah McKinney Ehlers Knollenberg Renzi McDonald Rothman Tanner Cubin Fossella Nussle Emerson Kolbe Reynolds Miller (NC) Roybal-Allard Tauscher Davis, Jo Ann Istook Pelosi English (PA) Kuhl (NY) Rogers (AL) Miller, George Ruppersberger Taylor (MS) Deal (GA) Lewis (GA) Wexler Everett LaHood Rogers (KY) Mollohan Rush Thompson (CA) Emanuel Manzullo Feeney Latham Rogers (MI) Moore (KS) Ryan (OH) Thompson (MS) Evans McHenry Ferguson LaTourette Rohrabacher Moore (WI) Sabo Tierney Moran (VA) Salazar Fitzpatrick (PA) Leach Ros-Lehtinen Towns Murtha Sa´ nchez, Linda Udall (CO) 1228 Flake Lewis (CA) Royce b Foley Lewis (KY) Nadler T. Udall (NM) Ryan (WI) Forbes Linder Neal (MA) Sanchez, Loretta Van Hollen Messrs. TAYLOR of Mississippi, Ryun (KS) Fortenberry LoBiondo Oberstar Sanders Vela´ zquez DAVIS of Tennessee, CHANDLER and Saxton Foxx Lucas Obey Schakowsky Visclosky CLEAVER changed their vote from Franks (AZ) Lungren, Daniel Schmidt Olver Schiff Wasserman ‘‘yea’’ to ‘‘nay.’’ Frelinghuysen E. Schwarz (MI) Ortiz Schwartz (PA) Schultz Sensenbrenner Mr. MCCAUL of Texas changed his Gallegly Mack Owens Scott (GA) Waters Garrett (NJ) Marchant Sessions Pallone Scott (VA) Watson vote from ‘‘nay’’ to yea.’’ Gerlach McCaul (TX) Shadegg Pascrell Serrano Watt So the previous question was ordered. Gibbons McCotter Shaw Pastor Sherman Waxman The result of the vote was announced Gilchrest McCrery Shays Payne Skelton Weiner as above recorded. Gillmor McHenry Sherwood Peterson (MN) Slaughter Woolsey Gingrey McHugh Shimkus Pomeroy Smith (WA) Wu (By unanimous consent, Mr. BOEHNER Gohmert McKeon Shuster Price (NC) Snyder Wynn Goode McMorris Simmons was allowed to speak out of order.) NOT VOTING—20 Goodlatte Mica Simpson LEGISLATIVE PROGRAM Granger Miller (FL) Smith (NJ) Burton (IN) Emanuel Manzullo Mr. BOEHNER. Mr. Speaker, I know Graves Miller (MI) Smith (TX) Cardoza Evans McKinney a lot of Members are interested in what Green (WI) Miller, Gary Sodrel Crowley Fattah Napolitano the schedule is. I think all of you know Gutknecht Moran (KS) Souder Cubin Fossella Pelosi Hall Murphy Davis (TN) Green, Gene that today we will move to consider Stearns Strickland Harris Musgrave Sullivan Davis, Jo Ann Istook Wexler the conference report on the Carl Per- Hart Myrick Sweeney Deal (GA) Lewis (GA) Hastings (WA) Neugebauer kins vocational education program. We Tancredo b 1238 Hayes Ney Taylor (NC) will then move to the health IT bill. Hayworth Northup Terry So the resolution was agreed to. We expect that that will take us to late Hefley Norwood Thomas Hensarling Nunes The result of the vote was announced afternoon/early evening. Thornberry Herger Nussle as above recorded. The reason I stood up is that it is Tiahrt Hobson Osborne A motion to reconsider was laid on pretty clear that we are in fact going Tiberi Hoekstra Otter the table. to have votes tomorrow. There are a Hostettler Oxley Turner Upton number of Members, though, from New Hulshof Paul f Hunter Pearce Walden (OR) York who want to go to former Rep- Hyde Pence Walsh CONFERENCE REPORT ON S. 250, resentative Tom Manton’s funeral. We Inglis (SC) Peterson (PA) Wamp CARL D. PERKINS CAREER AND will work with those Members to carve Issa Petri Weldon (FL) Weldon (PA) TECHNICAL EDUCATION IM- out a window so that those Members Jenkins Pickering Jindal Pitts Weller PROVEMENT ACT OF 2006 who want to go to New York can come Johnson (CT) Platts Westmoreland Mr. MCKEON. Mr. Speaker, pursuant Whitfield back. Johnson (IL) Poe to House Resolution 946, I call up the But we will have votes tomorrow. I Johnson, Sam Pombo Wicker Jones (NC) Porter Wilson (NM) conference report to accompany the wish I could tell you what those votes Keller Price (GA) Wilson (SC) Senate bill (S. 250) to amend the Carl would be, but I expect we are going to Kelly Pryce (OH) Wolf D. Perkins Vocational and Technical have votes tomorrow. Kennedy (MN) Putnam Young (AK) King (IA) Radanovich Young (FL) Education Act of 1998 to improve the ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Act. The SPEAKER pro tempore. Without NOES—188 The Clerk read the title of the Senate objection, 5-minute voting will resume. Abercrombie Cramer Inslee bill. There was no objection. Ackerman Cummings Israel The SPEAKER pro tempore. Pursu- The SPEAKER pro tempore. The Allen Davis (AL) Jackson (IL) ant to House Resolution 946, the con- Andrews Davis (CA) Jackson-Lee question is on the resolution. Baca Davis (FL) (TX) ference report is considered read. The question was taken; and the Baird Davis (IL) Jefferson (For conference report and state- Speaker pro tempore announced that Baldwin DeFazio Johnson, E. B. ment, see proceedings of the House of the ayes appeared to have it. Barrow DeGette Jones (OH) July 25, 2006, at page H5773.) Bean Delahunt Kanjorski RECORDED VOTE Becerra DeLauro Kaptur The SPEAKER pro tempore. The gen- Ms. MATSUI. Mr. Speaker, I demand Berkley Dicks Kennedy (RI) tleman from California (Mr. MCKEON) Berman Dingell Kildee and the gentleman from California (Mr. a recorded vote. Berry Doggett Kilpatrick (MI) A recorded vote was ordered. Bishop (GA) Doyle Kind GEORGE MILLER) each will control 30 The vote was taken by electronic de- Bishop (NY) Edwards Kucinich minutes. vice, and there were—ayes 224, noes 188, Blumenauer Engel Langevin The Chair recognizes the gentleman Boren Eshoo Lantos from California (Mr. MCKEON). not voting 20, as follows: Boswell Etheridge Larsen (WA) [Roll No. 413] Boucher Farr Larson (CT) GENERAL LEAVE Boyd Filner Lee AYES—224 Mr. MCKEON. Mr. Speaker, I ask Brady (PA) Ford Levin unanimous consent that all Members Aderholt Boehner Cantor Brown (OH) Frank (MA) Lipinski Akin Bonilla Capito Brown, Corrine Gonzalez Lofgren, Zoe may have 5 legislative days to revise Alexander Bonner Carter Butterfield Gordon Lowey and extend their remarks and include Bachus Bono Castle Capps Green, Al Lynch extraneous material on the conference Baker Boozman Chabot Capuano Grijalva Maloney Barrett (SC) Boustany Chocola Cardin Gutierrez Markey report to accompany S. 250. Bartlett (MD) Bradley (NH) Coble Carnahan Harman Marshall The SPEAKER pro tempore. Is there Barton (TX) Brady (TX) Cole (OK) Carson Hastings (FL) Matheson objection to the request of the gen- Bass Brown (SC) Conaway Case Herseth Matsui tleman from California? Beauprez Brown-Waite, Crenshaw Chandler Higgins McCarthy Biggert Ginny Cuellar Clay Hinchey McCollum (MN) There was no objection. Bilbray Burgess Culberson Cleaver Hinojosa McDermott Mr MCKEON. Mr. Speaker, I yield Bilirakis Buyer Davis (KY) Clyburn Holden McGovern myself such time as I may consume. Bishop (UT) Calvert Davis, Tom Conyers Holt McIntyre Mr. Speaker, I rise in support of this Blackburn Camp (MI) Dent Cooper Honda McNulty Blunt Campbell (CA) Diaz-Balart, L. Costa Hooley Meehan conference report and ask my col- Boehlert Cannon Diaz-Balart, M. Costello Hoyer Meek (FL) leagues to join me in doing the same.

VerDate Aug 31 2005 03:02 Jul 28, 2006 Jkt 049060 PO 00000 Frm 00017 Fmt 4634 Sfmt 0634 E:\CR\FM\A27JY7.008 H27JYPT1 CCOLEMAN on PROD1PC71 with HOUSE H5974 CONGRESSIONAL RECORD — HOUSE July 27, 2006 The Carl D. Perkins Career and Tech- the role of States and local commu- sponsibility under the bill. My amend- nical Education Improvement Act will nities and asking for results in ex- ment was not included in the House strengthen and improve career and change for the money we are already bill, but it is in the conference report. technical education to help ensure aca- spending at the Federal level; and we Finally, the conference report im- demic success for students, whether are seeking more opportunities for co- proves accountability for and integra- they are pursuing postsecondary edu- ordination between secondary and tion of strong academic measures and cation or other venues. postsecondary career and technical programs for career and technical edu- Let me begin by recognizing Edu- education. cation. It is important, however, to cation Reform Subcommittee Chair- There are growing concerns across note that although Congress has re- man CASTLE and thanking him for his the country about the performance jected the President’s proposals to hard work and commitment to improv- level of our high schools. The funda- eliminate career and technical edu- ing educational opportunities for stu- mental question remains, Are we pre- cation, we must do more. We need to dents participating in career and tech- paring our young people to succeed in a provide our schools with the resources nical education. globally competitive world? The legis- they need to carry out these programs. In January of 2005, he and our com- lation before us today helps us address That means we need to increase fund- mittee’s former chairman, Majority that question, and speaks to the new ing for the Perkins Act while keeping Leader BOEHNER, introduced a bipar- realities of a changing economy and our promises to fully funding the No tisan bill that was overwhelmingly workplace. Child Left Behind Act, because when it backed by the House. I commend him Mr. Speaker, this conference report comes to no child left behind, this for his leadership in crafting that re- is a solid piece of reform legislation President and this Congress has fallen form legislation and for reaching that is worthy of our support. I encour- $55 billion short. across the aisle in the process. It is be- age my colleagues to join me in sup- Mr. Speaker, I reserve the balance of cause of his work then that we are pre- porting it. my time. senting such a strong conference report Mr. Speaker, I reserve the balance of The SPEAKER pro tempore. Without to the House today. my time. objection, the gentleman from Dela- Mr. Speaker, I would also like to The SPEAKER pro tempore. Without ware (Mr. CASTLE) will control the thank my committee’s senior Demo- objection, the gentlewoman from Cali- time of the gentleman from California crat, Mr. GEORGE MILLER, for his work fornia (Ms. WOOLSEY) will control the (Mr. MCKEON). and to recognize and thank our addi- time of the gentleman from California There was no objection. tional House conferees, Mr. SOUDER, (Mr. GEORGE MILLER). Mr. CASTLE. Mr. Speaker, I yield Mr. OSBORNE, Mrs. MUSGRAVE, Ms. There was no objection. myself 4 minutes. WOOLSEY, and Mr. KIND. Their efforts Ms. WOOLSEY. Mr. Speaker, I yield Mr. Speaker, it obviously gives me over the past year have made this con- myself such time as I may consume. great pleasure to be here today and to ference report a reality. Mr. Speaker, I rise also in support of rise in support of the conference report Career and technical education is this conference report. It has been to the Carl D. Perkins Career and fundamental to our efforts to improve more than a year since we passed H.R. Technical Education Improvement Act academic achievement at all levels so 366, the Carl D. Perkins Career and of 2006. I want to thank the gentleman our Nation remains competitive in the Technical Education Act. I am certain from California (Mr. MCKEON) for his face of a rapidly changing global econ- people were actually starting to think leadership in getting us to this end omy. Each year, millions of students that this day would never come. But point, and the majority leader who is enrich their secondary and postsec- here we are, and we are here in a bipar- no longer head of the committee (Mr. ondary educational opportunities tisan posture. BOEHNER) for his work, the gentleman through participation in career and You see, Mr. Speaker, miracles can and gentlewoman from California both technical education. happen. Then-Chairman BOEHNER and present here right now, Mr. MILLER and Nearly all students, about 97 percent now-Chairman MCKEON and Sub- Ms. WOOLSEY, for their bipartisan spir- in fact, leave public high school having committee Chairman CASTLE need to it, and our colleagues in the other taken some career and technical edu- be thanked and honored for getting us body. I am blessed to be on a couple of cation. Furthermore, nearly half of all this far. But most importantly to me, I committees where there is bipartisan high school students and one-third of want to thank the hard work of the spirit at least some of the time, and we college students are involved in career committee ranking member, Congress- are able to get a few things done and and technical programs as a major part man GEORGE MILLER. this is one of them. of their studies. Having voted for H.R. 366, which The Perkins Act aims to prepare In short, it is a priority for millions passed the House almost unanimously, youth and adults for the future by and this conference report honors our I believe that today’s conference report building their academic and technical commitment to them. The conference significantly improves the bill. skills in preparation for postsecondary report before us will help States better education and/or employment. The bill utilize Federal funds for secondary and b 1245 we are considering today enhances Per- postsecondary career education pro- Particularly pleasing is that this bill kins by ensuring both secondary and grams, increase accountability, and not only has expanded math, science, post-secondary students participating emphasize student achievement and and technical programs, it also has in the program are acquiring rigorous strengthen opportunities for coordina- continued and strengthened the Per- academic and technical skills, and will tion between secondary and postsec- kins Act commitment to preparing have the opportunity to transition into ondary career and technical education. women and men for occupations that further education and/or successful em- In 1998, reforms made to the Perkins are nontraditional to them, to ensuring ployment. Act were aimed at increasing the focus access to career and technical edu- The Perkins Act governs widely sup- on both technical skills and rigorous cation for special populations who face ported programs of both the secondary academic knowledge and helped us unique challenges, and to preparing and postsecondary level. For example, move further away from the school-to- those students for careers that will nearly all high school students com- work model. Our goal in this Congress lead them to self-sufficiency. plete at least one vocational education was to build on that success. In this competitive global economy, course, and approximately 26 percent of Our principles at the outset of this Mr. Speaker, we can’t afford to waste students are considered vocational con- reauthorization effort were straight- the potential of any of our people, so centrators, those students who focus on forward, and I am proud to say that these provisions will help to ensure a single occupational area. In my home more than a year later, they are un- that this does not happen. State of Delaware, we have five career changed. The pillars of this conference When this bill was in committee, I of- and technical high schools that enroll report are: we’re maintaining a focus fered an amendment to ensure that a total of 5,500 of the 29,500 total high on rigorous student academic and tech- States had sufficient administrative school students. At the postsecondary nical achievement; we’re protecting funding to carry out their increased re- level, the Perkins Act supports a broad

VerDate Aug 31 2005 02:03 Jul 28, 2006 Jkt 049060 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 E:\CR\FM\K27JY7.024 H27JYPT1 CCOLEMAN on PROD1PC71 with HOUSE July 27, 2006 CONGRESSIONAL RECORD — HOUSE H5975 array of options primarily at the com- vocational and technical education to I am pleased that the conference munity college level, including Dela- career and technical education. In my agreement mirrors the recommenda- ware Technical & Community College. opinion, this was an important state- tions we have heard, that we must pay In the 1999–2000 school year, over 50 ment for the Congress to make. more attention to math and science percent of all students enrolled at the While the President has proposed an- and technology to increase our com- less than 4-year postsecondary level re- other avenue for high school reform in petitiveness. We also know that this is ported that they were majoring in vo- the Perkins Act, I believe strongly that what the high paying jobs require, with cational areas. the reforms we consider today go a these advanced skills. Today’s conference report seeks to long way in driving program improve- The conference agreement continues build upon reforms made in past reau- ment and ultimate success for students the Tech-Prep program. Tech-Prep has thorizations, and seeks to enhance this across the country. The dialogue sur- been a model of career and technical popular program to ensure its success rounding high school reform is impor- education with demonstrated out- in years to come. The legislation be- tant and is happening in earnest. I comes. In California, students, teach- fore us today makes significant re- trust that the conference agreement ers, and administrators benefit from forms to academic achievement and ac- will complement these efforts as a re- the connections made between sec- countability to ensure students have sult of the changes in the bill. I believe ondary and postsecondary programs, the skills necessary to enter the work- it will help States, community col- and career and technical programs. force or continue to an institution of leges, and other postsecondary edu- Successful Tech-Prep programs offer a higher learning. cation institutions and local edu- challenging and rigorous coursework at As I mentioned, there are five career cational agencies to better meet the the high school level that is coordi- and technical high schools in Delaware. needs of students participating in ca- nated with postsecondary career tech- While all these schools met adequately reer and technical education. I urge my nical programs. And Tech-Prep stu- yearly progress under the No Child colleagues to support this report so we dents obtain better paying jobs because Left Behind Act, there is more to be may send this bill to the President for they have the academic and technical done in academic achievement in these his signature. credentials that businesses want for schools and schools across the country. Mr. Speaker, I reserve the balance of their workforce. Today, we will improve vocational and my time. We made important strides in the technical education by increasing the Ms. WOOLSEY. Mr. Speaker, I yield area of professional development. This focus on academics in conjunction with as much time as he may consume to conference agreement strengthens the the skill attainment that is incumbent the gentleman from California, the instructional connection between aca- of the program. ranking member of this committee demic and career technical programs. One of the unique attributes of voca- (Mr. GEORGE MILLER). We heard from numerous teachers that tional and technical education pro- Mr. GEORGE MILLER of California. successful career tech programs allow grams is their ability to show students Mr. Speaker, I want to thank the gen- academic and vocational teachers to a path that could end in a certificate, tlewoman for yielding and also thank develop curriculums together to teach credential, employment, military, or her for all of her work on this legisla- together so that students can apply the postsecondary education. The Tech- tion, along with Chairman BOEHNER academic content to the real world Prep program within the Perkins Act and Chairman MCKEON and Chairman context. is intended to focus on a well-defined Castle. And, of course, with the dili- This conference agreement contains link between high school and at least 2 gent work of our staffs on both sides of new measures of accountability for ca- years of postsecondary education. Re- the aisle, I think we have crafted a reer and technical education systems. I search has shown, however, that funds measure that maintains the integrity do not doubt that some programs may are rarely, if ever, used to meet this of the program while responding to the have difficulties in meeting this new goal. Rather, funds are often used for changes in the career and the technical system. However, there have been too purposes within the larger vocational education programs across the coun- many programs that have chosen the and technical education program. try. status quo, to the detriment of our Therefore, the conference agreement While the President has chosen to workforce competitiveness. Successful revises requirements of the program in put forward a proposal to dismantle career and technical education pro- order to ensure articulation agree- this critical program, we saw an oppor- grams produce students that out- ments between secondary and postsec- tunity to make high school matter for perform their counterparts and make ondary institutions are, in fact, being many young people, offer college stu- higher wages. We must demand that all implemented. dents pathways into productive em- programs work toward this same goal. Along this same track, we include a ployment, and new hope for displaced The accountability systems move us in new requirement for State develop- homemakers and workers reentering that direction. ment of career and technical programs the workforce. I want to point out two other areas of study for career and technical pro- The conference report before us sig- where the conference agreement im- gram areas. These sequences, of course, nals that we will not retreat on our in- proves upon the House passed bill: will incorporate a nonduplicative pro- vestment in career education and Graduation and career plans. Under the gression of both secondary and postsec- training. The global economy demands agreement, local programs may use ondary elements which will include a high skilled workforce, and the Per- Perkins funds to create graduation and both academic and vocational and kins Act, has been instrumental in career plans for students. These plans technical content. Local recipients at building today’s workforce and the can be tools for students and parents to both the secondary and postsecondary workforce of the future. help focus the student on the student’s level would adopt at least one model Today, these programs are changing future goals, making sure that the ac- sequence of courses as developed by the in the face of secondary and postsec- tions that we take will lead to the out- State. I believe this will also help drive ondary education, and they equip come they desire. And, also, the special program improvements by ensuring America’s workforce with the skills populations and nontraditional careers. that States clarify the progression of they need to compete in a global econ- The conference agreement also academic and vocational technical omy. More important, career tech pro- strengthens the provisions, and the courses needed for the postsecondary grams acknowledge that we must be gentlewoman from California has been education, training, or employment of preparing students and adults for high a hawk on these issues for her entire a students choice. wage, high skill jobs that exist in this career on this committee, and that is It is clear that we are making some new economy. To do this, however, we to improve the opportunities for significant and positive changes for the need a system that is challenging and women and men to gain access to non- schools and students impacted by this academically sound and a system ex- traditional careers, and ensures that program. One of the biggest changes pands the secondary and postsecondary displaced homemakers and individuals that I think we are making is for Con- programs, offering students a pathway with disabilities have access to career gress to finally make the switch from toward those kinds of careers. and technical education. In this global

VerDate Aug 31 2005 02:03 Jul 28, 2006 Jkt 049060 PO 00000 Frm 00019 Fmt 4634 Sfmt 0634 E:\CR\FM\K27JY7.025 H27JYPT1 CCOLEMAN on PROD1PC71 with HOUSE H5976 CONGRESSIONAL RECORD — HOUSE July 27, 2006 economy, we can’t afford to waste the Again, I congratulate my colleagues Internet connection so they can take potential of any of our people, and and the staff for constructing a terrific courses after school, to get courses these provisions will help ensure that piece of legislation, certainly it will after school to work with the plastics that doesn’t happen. mean a lot to the future of this Nation. industry, the largest employer in my Mr. Chairman, the Perkins Act is a If you read Tom Friedman’s book ‘‘The district, so kids can go out and learn critical workforce development tool, World is Flat,’’ you realize how impor- technical skills. and the bill before us represents a tant it is as a Nation that we give edu- If they are going to compete with sound career and technical education cational opportunity to everybody that China, if they are going to compete policy. we utilize the resources of all our peo- with India, if they are going to com- I want to thank our staff again for ple. pete worldwide, they are not going to their efforts in bringing this conference Ms. WOOLSEY. Mr. Speaker, I re- have the old things where my grandpa agreement together, and I look forward serve the balance of my time. did it this way and my great-grandpa to a quick passage of this conference Mr. CASTLE. Mr. Speaker, I yield 3 did it this way, and I am going to have report. And I also want to comment minutes to the gentleman from Indiana pensions and health care forever. It is that this continues a long tradition in (Mr. SOUDER), another member of the going to be a lot more competitive. It this committee where we have been committee who is always fighting for is going to take constant cross-train- able to work on a bipartisan basis on children in a whole variety of ways, be ing for advanced skills, for basic entry the most critical education issues con- it dealing with drugs and those things, skills, and basic entry things in these fronting this country, both in the de- or education itself. manufacturing companies in my dis- velopment of high performing students (Mr. SOUDER asked and was given trict. and professional individuals and high permission to revise and extend his re- If they cannot figure out how to work performing career opportunities for marks.) those individuals, and I want to thank a computer, if they cannot figure out all of my colleagues for their efforts on b 1300 how to multitask, if they cannot figure this legislation and urge a passage of Mr. SOUDER. Mr. Speaker, I want to out how to be flexible when a contract changes just like that, that company is this conference report. thank Chairman MCKEON for his lead- gone. It is not anymore just to Mexico. Mr. CASTLE. Mr. Speaker, I yield 2 ership and Mr. MILLER for his leader- minutes to the distinguished gen- ship in working in a bipartisan effort It is to China. tleman from Ohio (Mr. REGULA), who is with this. So vocational education plays such a the chairman of the appropriations But I want to say, first off, that it af- critical role at the college level, just subcommittee that handles education firms what career and technical edu- like continuing education does, and funding and is probably as interested in cational programs in my district are this bill gives us more flexibility to education as anyone in this building. already doing. They are ensuring that work in this program, to adjust to the (Mr. REGULA asked and was given all current technical education pro- new technologies we are seeing, the on- permission to revise and extend his re- grams include rigorous and challenging line, the constant education, the inter- marks.) academic courses; offer career and relationship between industry and our Mr. REGULA. Mr. Speaker, I just technical programs of study known as universities and high schools. want to congratulate the Members, my career majors; offer dual enrollment in The one thing I would strongly urge, colleagues, and the staff for doing a secondary and postsecondary courses; and I continue to urge, the NFIB; the terrific job. I am very much aware of and permit private and home school NAM, the National Association of Man- this topic. We have a technical school students to participate in career and ufacturing; the U.S. Chamber, that the in my district (Stark State College) of technical education programs. Addi- retailers engage in their local schools. approximately 8,000 students with a tionally, I am pleased that the bill al- They always come to me and every- placement rate of about 96 percent, and lows for increased funding flexibility at body comes and says we are worried they are working with the high the State level, as well as the pro- about our workforce, we are worried schools; they are doing what you are motion of State incentive grants to that we cannot get the quality. Well, envisioning in this conference report. engage the schools, hire these kids, To me, this is one of the most impor- programs with exemplary performance. It is a little unusual in the sense I train these kids, take advantage of tant pieces of legislation that will these programs, because that is the come out of this session, because edu- represent a district that still makes things. In my congressional district, only way we are going to keep jobs in cation is the future and this legislation America. gives an opportunity and expands the we have the highest percent manufac- horizons of many students that other- turing left in America as far as what Mr. Speaker, I rise today in strong support wise would not get that chance. I do people do. Other people can go on vaca- of S. 250, the Carl D. Perkins Career and have to say that one of the most griev- tion in other places. They can get a Technical Education Improvement Act of 2006. ous things to me is the dropout rate in service job in other places, run credit I’d also like to thank the Chairman of the Edu- this country. An average of thirty-two card companies in other places; but we cation and the Workforce Committee, Mr. percent of our students nationwide do still make things. MCKEON, for his hard work on this legislation. not finish high school. Part of it is be- Vocational education, if it is going to S. 250 will help strengthen and improve career cause they are bored, part of it is be- compete, I remember years ago, be- and technical education programs across the cause they don’t learn to read, part of cause I am old now, in the 1960s, my fa- country by helping states better utilize federal it is a whole lot of different things. ther at our small retail store always funding, increasing accountability, empha- They are attracted to get out early and took students who they were afraid sizing student academic and technical get some kind of a job and buy a car or were going to drop out and started try- achievement, and improving coordination be- whatever. ing to teach them different crafts and tween secondary and postsecondary career This legislation will help to reduce trades and get them into the work- and technical education. the dropout rate. If the schools across force. In today’s world, career and technical edu- this country will work out the pro- I know that when I was a student re- cation is an important component of most any grams that are envisioned in this re- porter in college and did some stories student’s education as it helps prepare high port, I think our schools will make on local high schools even out in the ag school students for either a transition to the giant strides in reducing dropouts, be- communities, Woodland High School workforce or a postsecondary degree. The cause it will allow students at the high had a big area where they had a com- programs help students begin thinking about school to get a vision of what can be bine and other things so kids could get different careers of interest, provide opportuni- achieved, what they can do in technical experience working in farming. ties for exploring those career options, and education and what they can do in em- But we are at a whole other technical start students down a path toward accom- ployment opportunities and what a level. Even at my rural high schools in plishing their career goals. Moreover, the pro- better future they can have. This Angola, Indiana, a small high school, gram helps students see a connection be- should be billed as a hope bill, it is a they have worked with TriState Col- tween the academic subjects in the classroom future bill. lege to hook up an ethernet-type of and the application of that knowledge in the

VerDate Aug 31 2005 02:03 Jul 28, 2006 Jkt 049060 PO 00000 Frm 00020 Fmt 4634 Sfmt 9920 E:\CR\FM\K27JY7.026 H27JYPT1 CCOLEMAN on PROD1PC71 with HOUSE July 27, 2006 CONGRESSIONAL RECORD — HOUSE H5977 working world. For many students, this con- ago I read someplace where the United these programs, because we know that nection is critical to their decision to stay in States ranked 19th out of 21 nations in none of this works, none of it works, high school and graduate with a diploma. advanced math and science. This is an Mr. Speaker, unless we provide the I am pleased today to support the con- area we cannot afford to continue to needed funding. ference report on S. 250 and urge my col- fall behind in. So this academic rigor Mr. Speaker, I yield back the remain- leagues to vote in favor of its passage. While will certainly help. der of my time. I would have liked to have seen additional re- As has been mentioned, it requires Mr. CASTLE. Mr. Speaker, I yield forms—particularly in the areas of private greater coordination between high myself such time as I may consume in school and home school participation—this bill school and postsecondary courses in closing. represents significant bipartisan agreement in vocational and technical education. So Mr. Speaker, the conference report how to strengthen the Perkins program. often in high school someone will take before us is a good one and one worthy It affirms in many ways what career and a vocational course and then go to of very strong support here. Passage of technical education programs in my district are community college; it would be the it will demonstrate our commitment to already doing: ensuring that all career and same course or there would be no co- the millions of students who count on technical education programs include rigorous ordination between the two. This al- the career and technical education pro- and challenging academic courses; offering lows for a smooth transition from high grams we are aiming to strengthen. career and technical programs of study— school into community colleges and 4- Career and technical education is a known as career majors; offering dual enroll- year colleges in the vocational tech- fundamental part of our efforts to im- ment in secondary and postsecondary nical area which we think is impor- prove academic achievement at all lev- courses; and permitting private and home tant. els so our Nation remains competitive school students to participate in career and Greater accountability is critical, in the 21st century global economy. technical education programs. Additionally, I and a new use we were able to put in And this conference report sharpens am pleased that the bill allows for increased this bill which is something I was real- the Perkins program’s focus on both funding flexibility at the state level as well as ly in favor of was an allowable use as rigorous academics and technical the promotion of state incentive grants to pro- entrepreneurial education as part of achievement. It protects and enhances grams with exemplary performance, the Perkins grants. local control at a State and commu- Career and technical education is an impor- So in the areas that I focus on right nity level. And it seeks more opportu- tant part of America’s K–12 education system, now in rural America, we are losing nities for coordination between sec- and I would urge my colleagues to vote in our young people at a rapid rate. If you ondary and postsecondary career and favor of S. 250 today. This legislation will help teach them entrepreneurial skills, how technical education. improve both our education system and our to write a grant, how to write a busi- This conference report would not be nation’s ever-changing economy as students ness plan, how to market, particularly possible if not for some key staff mem- are more prepared to enter either the work- how to market using the Internet, and bers at the Education and the Work- force or some form of post-secondary edu- you give them those skills, sometimes force Committee: Whitney Rhoades, cation following their graduation from a local they can find a way to stay in a small Stephanie Milburn, Lucy House, Rich career and technical education program. town and make a living. So we think Stombres, and Susan Ross on the com- My congressional district has the highest that entrepreneurial skills are going to mittee staff, and Denise Forte and percent manufacturing in America. But even be critical as a part of this program. Lloyd Horwich from the minority staff manufacturing is changing. In order to com- As has already been mentioned, the have worked tirelessly to get to this pete with China, India and other worldwide na- flexibility is critical at the State and point where we are today. I would like tions the same old approach will not work. We local levels because what constitutes to thank Sara Rittling of my staff who need flexible and creative education programs vocational education in one State or has worked on this as well. to complete the needs. one region may not be similar to what For those not familiar with the proc- Mr. CASTLE. Mr. Speaker, I thank another region needs, and that flexi- ess around here, without that staff, I the gentleman. I yield 3 minutes to the bility is critical. am sure Ms. WOOLSEY and I would prob- gentleman from Nebraska (Mr. So, again, I just want to express ably agree, we would probably never OSBORNE), another individual who has strong support. I think it is a very good get a bill like this written. Their work probably done as much for young peo- bill, very good conference report and is exemplary in this particular case. ple as anybody in this country and in want to thank Mr. CASTLE and all And I would just like to thank them his lifetime in a variety of capacities. those involved again, and the staff par- for their determination and expertise. Mr. OSBORNE. Mr. Speaker, I would ticularly. Again, I thank my colleagues on the like to thank Subcommittee Chairman Ms. WOOLSEY. In closing, Mr. committee on both sides of the aisle for CASTLE and Mr. MILLER and Ms. WOOL- Speaker, I would like to remind every- their efforts on this conference report, SEY and Chairman MCKEON for their body that more than 11,000 high schools and I do urge its final passage. work on this bill and rise in support of and regional technical centers and 2,600 Mr. KIND. Mr. Speaker, I rise today in sup- it. postsecondary schools provide career port of the Reauthorization of the Carl D. Per- I am especially pleased that Congress and technical programs to high school kins Career and Technical Education Improve- has shown such strong support for the students and adults who are returning ment Act. As a member of the Education and Perkins program in view of the fact to the workforce or wishing to learn the Workforce Committee and having served that it has been zeroed out on succes- new skills. That supports our goal that on the Conference Committee, I am pleased sive years by the administration, and all students should have access to ca- we have reached an agreement to ensure the it seems that people in this body un- reer and technical programs that give continuation of this important program. derstand the importance of a voca- them a strong academic foundation and Research shows that secondary students tional technical education, particu- technical proficiency. This provides op- who participate in career and technical edu- larly important in my State of Ne- portunity for jobs that pay a livable cation achieve better employment and earn- braska which is largely rural. In rural wage. It prevents dropouts, and it gives ings outcomes than other students. Further, America, if you do not have vocational a path into college-level education these students are more likely to pursue post- technical education you have real prob- should an individual choose. secondary education, have a higher grade lems. So this has been critical. This legislation today renews our point average in college, and are less likely to Also, we currently lack the skilled commitment to prepare our workforce drop out in the first year of college. workforce in our country to maintain for the global economy. It solidly re- Recognizing the positive contributions of ca- our economy; and a big key to this, of jects the President’s proposal to elimi- reer and technical education, I support swift course, is vocational training. nate the program. passage of this bill. This legislation is the This bill improves vocational tech- So, finally, it was wonderful to hear product of considerable and effective bipar- nical education in several key areas. Mr. REGULA, his words in support of vo- tisan negotiations. As has been mentioned, it requires cational education, because he is the While I intend to continue working with my greater academic rigor, especially in ranking member of the subcommittee colleagues on the Senate side to improve the math and science. I think a few years on appropriations that we go to to fund particular funding levels for Wisconsin through

VerDate Aug 31 2005 02:03 Jul 28, 2006 Jkt 049060 PO 00000 Frm 00021 Fmt 4634 Sfmt 9920 E:\CR\FM\A27JY7.012 H27JYPT1 CCOLEMAN on PROD1PC71 with HOUSE H5978 CONGRESSIONAL RECORD — HOUSE July 27, 2006 the appropriations process, I am satisfied with GENERAL LEAVE medical genius and astonishing tech- the overall bill. A lot of time and work by com- Mr. BARTON of Texas. Mr. Speaker, nology in terms of surgery and ortho- mittee members and staff have been put into I ask unanimous consent that all Mem- pedics and diagnosis, American health drafting the best bill possible that everyone bers may have 5 legislative days within care is still stuck back in the 19th cen- can support. which to revise and extend their re- tury, with a paper record system that Specifically, I am glad that S. 250 retains a marks and insert extraneous material is inefficient, wasteful, error-prone and separate authorization for the Tech Prep pro- on H.R. 4157. occasionally dangerous. The legislation gram. The House-passed bill eliminated this The SPEAKER pro tempore (Mr. CAS- before us today should change that. separate funding and during committee con- TLE). Is there objection to the request With H.R. 4157, records that have sideration of the bill, Representative TIERNEY of the gentleman from Texas? been stuffed in a file cabinet and illegi- and I offered an amendment to restore Tech There was no objection. ble prescriptions that nobody can read Prep as a separate authorization. scrawled on pieces of paper will finally f Tech Prep creates seamless pathways for give way to digital medical records, secondary students to transition into post-sec- HEALTH INFORMATION TECH- electronic prescribing, and efficient co- ondary education programs in the high-skill, NOLOGY PROMOTION ACT OF 2006 ordination of care. Sick patients will high-wage technical fields. These academi- The SPEAKER pro tempore. Pursu- get better and everybody should save cally and technically prepared graduates are ant to House Resolution 952 and rule money. critical to the economic growth, productivity XVIII, the Chair declares the House in The bill before us sets out a frame- and internal competitiveness of the United the Committee of the Whole House on work for endorsing core interoper- States. Knowing how critical this funding is to the State of the Union for the consider- ability guidelines and mandates com- our local communities, I am pleased funding ation of the bill, H.R. 4157. pliance for a Federal information sys- for the Tech Prep program has been kept sep- tem within 3 years of endorsement of b 1311 arate from the Perkins block grant. such guidelines. Of vital importance In addition to protecting Tech Prep, the con- IN THE COMMITTEE OF THE WHOLE are provisions contained in the legisla- ference report increases the role of math, Accordingly, the House resolved tion that create safe harbors to the science and technology in career and tech- itself into the Committee of the Whole Stark and Anti-kickback laws for the nical education programs and encourages the House on the State of the Union for the provision of health information tech- expanded use of technology by teachers and consideration of the bill (H.R. 4157) to nology and services to better coordi- faculty. Increasing the emphasis given to amend the Social Security Act to en- nate care between hospitals and pro- science, technology, and mathematics is crit- courage the dissemination, security, viders. These changes are long overdue. ical for the United States to retain its global confidentiality, and usefulness of Hospitals and other health care enti- competitiveness. We cannot afford to ignore health information technology, with ties that have invested in systems that growing competition from other countries by Mr. SIMPSON in the chair. are tested and work well should be able directing our resources away from these fields The Clerk read the title of the bill. to share their experience and pur- of study. The CHAIRMAN. Pursuant to the chasing power with physicians. Current Again, I would like to thank all those in the rule, the bill is considered read the laws have prevented these reasonable education community who participated in reau- first time. steps to better coordinate patient care thorization for their input and work on this bill. General debate shall not exceed 1 by not allowing the sharing of health I am particularly pleased to acknowledge Dr. hour, with 35 minutes equally divided information technology systems. Bill Ihlenfeldt, President of the Chippewa Val- and controlled by the chairman and Also, I would like to express support ley Technical College in Eau Claire, WI, who ranking minority member of the Com- for the Secretary of Health and Human testified before the Education and the Work- mittee on Energy and Commerce, and Services to look at the list of entities force Committee in May of 2004. His thoughts 25 minutes equally divided and con- that we make eligible for this safe har- and perspective on reauthorization of the Carl trolled by the chairman and ranking bor and to expand upon it, specifically, D. Perkins Career and Technical Education minority member of the Committee on to include independent clinical labora- Improvement Act were invaluable in address- Ways and Means. tories which carry a great deal of ing the needs of our country. His insight was The gentleman from Texas (Mr. BAR- health data that should be shared elec- especially helpful in considering issues of im- TON) and the gentleman from New Jer- tronically. portance for the 53,000 students attending sey (Mr. PALLONE) each will control b 1315 technical schools in my district—Western 171⁄2 minutes, and the gentlewoman Technical College, Chippewa Valley Technical from Connecticut (Mrs. JOHNSON) and These safe harbors will allow for eco- College, and Southwest Tech—as well as the the gentleman from California (Mr. nomical sharing of health information countless career and technical secondary stu- STARK) each will control 121⁄2 minutes. technology to better coordinate care, dents in the Third Congressional District of The Chair recognizes the gentleman reduce medical error, and improve pa- western Wisconsin. I urge my colleagues to from Texas. tient outcomes. vote yes. Mr. BARTON of Texas. Mr. Chair- Medical science in recent years has Mr. CASTLE. Mr. Speaker, I yield man, I yield myself such time as I may produced tremendous discoveries that back the balance of my time. consume. have revolutionized how we treat dis- The SPEAKER pro tempore. Without Mr. Chairman, I am pleased that the ease and care for patients. Unfortu- objection, the previous question is or- House today is going to consider H.R. nately, the medical record information dered on the conference report. 4157, the Health Information Tech- technologies needed to take advantage There was no objection. nology Promotion Act of 2006. This leg- of these discoveries remain locked in The SPEAKER pro tempore. The islation should help move our health an era of paper and filing cabinets. We question is on the conference report. care system into the modern era and can do better, and the legislation be- The question was taken; and the the modern information age. fore us today will do better. Speaker pro tempore announced that We all remember a time when e-mail Mr. Chairman, I reserve the balance the ayes appeared to have it. was a dream and getting the legislative of my time. Mr. CASTLE. Mr. Speaker, I object text from the House of Representatives Mr. PALLONE. Mr. Chairman, I yield to the vote on the ground that a Web site was impossible because it sim- myself 3 minutes. quorum is not present and make the ply did not exist. As information sys- Our Nation’s health care system is point of order that a quorum is not tems have moved into the digital age, arguably the most inefficient and cost- present. Congress and most of the private sector ly system in the industrialized world. The SPEAKER pro tempore. Pursu- have embraced it. We have found that We spend approximately $1.7 billion an- ant to clause 8 of rule XX, further pro- we could get information much more nually on health care, and yet many of ceedings on this question will be post- efficiently and quickly at much less our citizens are in poorer health than poned. cost. the citizens of countries that spend far The point of no quorum is considered The health care system, for whatever less. That is because our Nation’s withdrawn. reason, has not done that. For all of its health care system is wrought with

VerDate Aug 31 2005 02:03 Jul 28, 2006 Jkt 049060 PO 00000 Frm 00022 Fmt 4634 Sfmt 0634 E:\CR\FM\A27JY7.010 H27JYPT1 CCOLEMAN on PROD1PC71 with HOUSE July 27, 2006 CONGRESSIONAL RECORD — HOUSE H5979 problems, including skyrocketing costs let me finally talk about the process in one of the aspects may be a medication that make it difficult for Americans to which this bill was developed. House overdose, or a bad medication reaction. afford the care that they need, incon- Republicans have taken an opportunity The parents had not yet arrived and we sistent quality, and huge disparities in for all of us to work together on an im- had not yet accessed his medical care and access. Clearly, the status quo portant issue and they have squandered records. Why? Because the medical is not working and something has to be it. The Senate was able to pass a bipar- records were in a file somewhere back done to fix these problems. Health care tisan bill that would accomplish a lot in my office in another section of the experts around the country agree that more than the bill we are debating hospital and were ones that the emer- health information technology, or HIT, today. They authorize grants and gency room staff could not acquire. could provide a partial solution to our loans, they don’t roll back fraud and Think of this, too. If one of us, any of problems. abuse protections, and they ensure us, any American is traveling in a town Now, while estimates vary, the po- interoperability. But they did this all somewhere in America and a medical tential savings from HIT could reach on a bipartisan basis in the Senate. crisis hits them, for someone who is di- between $81 billion and $170 billion an- Democrats in the House tried to offer abetic or perhaps has heart disease or nually by improving coordination of that bill as a substitute in the Rules some other problems, where do we get care, patient safety, disease manage- Committee yesterday, but we were de- the records to determine what to do? It ment, and prevention efforts. Under nied the substitute. And it is a shame is for this reason that we recognize the Republican bill we are debating that House Republicans couldn’t follow about $162 billion a year is lost in today, however, none of these savings the Senate’s lead and work with Demo- health care, according to the RAND will be realized. That is because the crats to move our Nation forward on Corporation, and you include all the bill will do nothing to move our Nation HIT and improve the health of all other paperwork and problems that forward on health information tech- Americans. come with hospital care, perhaps $290 nology. I urge my colleagues to vote ‘‘no’’ on plus billion is spent on that. Why? Be- The CBO agrees with the Democrats, this bill, because although we think cause of medical records. and I quote, ‘‘CBO estimates that en- that health information technology is The current medical records system acting H.R. 4157 would not signifi- very important, this bill will not ac- is this: Room after room after room in cantly affect either the rate at which complish the goal. a hospital filled with paper files. What the use of health technology will grow Mr. Chairman, I reserve the balance happens if we move to electronic med- or how well that technology will be de- of my time. ical records where it is, instead of here, signed and implemented.’’ So I don’t PARLIAMENTARY INQUIRY it is in a computer? This is what that want anybody to be fooled here today. room looks like. It is now in a com- Don’t let the Republicans sell you this Mr. BARTON of Texas. Parliamen- tary inquiry, Mr. Chairman. puter, accessible to physicians in a hos- lemon. pital, with pass codes and access codes My friends on the other side of the The CHAIRMAN. The gentleman will that keep it secure, because HIPAA aisle would have us believe that this state his inquiry. laws say it must be secure; that people bill is going to transform our health Mr. BARTON of Texas. Mr. Chair- care system into a model of efficiency, man, how is time going to be rotated? can’t have that, and then it becomes and it is all a bunch of hype. Let me Do we do all the Energy and Commerce records that look more like this. Again, a doctor with clear authoriza- mention a few ways in which this bill time and then the Ways and Means tion ahead of time could find a pa- is flawed. time; or do we rotate in sequence? First of all, there is virtually no The CHAIRMAN. The Chair would ac- tient’s name, see their status, see what funding, and I stress that, virtually no commodate the wishes of the man- is going on, and move towards that and funding to help providers, such as phy- agers. pull these records out. Otherwise, you sicians or hospitals, to purchase this Mr. BARTON of Texas. Okay. Con- end up in a situation of medical crisis. technology. The meager amount of gresswoman JOHNSON says the Energy Patients can carry this information in funding authorized in this bill will and Commerce Committee goes first. a credit card or on a zip drive they can barely make a dent in advancing the Mr. PALLONE. I think, Mr. Chair- carry on their key chain. All this is use of HIT. Instead of making grants or man, we were told in advance that we critically important because it saves loans available to doctors to help them would do Energy and Commerce first, lives and saves money. purchase equipment or train employ- so that is the way we would prefer to The best doctors and the best hos- ees, Republicans have decided to roll proceed. pitals in America, if they cannot get back anti-kickback and self-referral Mr. BARTON of Texas. Okay. That is the patient information they need protections so that doctors will have to what Congresswoman JOHNSON also when they need it, it can lead to mor- rely on other types of providers for this says. I was not informed of that. bid consequences: Higher mortality. technology. Make no mistake about it, Mr. Chairman, I yield 3 minutes to a And that is what ultimately this bill is this is going to open the door for fraud distinguished physician member of the about. This is a huge step forward be- and abuse to run rampant and will Committee on Energy and Commerce, cause we have to have standards and eventually add to our health care Dr. MURPHY of Pennsylvania. other things moving forward. Hospitals costs. Mr. MURPHY. I thank the chairman all across America are moving towards Secondly, this bill does nothing to and the Members for an opportunity to some level of electronic medical improve protections for medical pri- talk about this vitally important bill. records. But if we don’t find ways of vacy. Electronic health information Years ago, when I was working at making them able to talk to each systems that make it easier to ex- Children’s Hospital in Pittsburgh, I other, with uniform standards, inter- change medical information require happened to be walking by the emer- operability, et cetera, we are essen- new privacy protections to be imple- gency room when a resident called me tially creating a medical Tower of mented and strongly enforced. In spite urgently in on a case that was there. It Babel. We have more information, but of the privacy breaches we saw this was a child who was having out-of-con- they can’t talk to each other. year at the Veterans Administration, trol behavior, rapid heart rate, rapid At that moment of crisis in a health and also at CMS, Republicans don’t breathing, and she merely commented care center, whatever that is, whether seem to think there is a need to that this child’s behavior was out of you are at home or far away, no matter strengthen our Nation’s privacy laws. control. That could have been a symp- how good your doctor and hospital is, But I have to tell you, Americans are tom of anything. Was the child having you want them to have that informa- not going to stand for this. They are a seizure? Was the child poisoned? Was tion. Patients can preauthorize that in- not going to want their most personal the child having a drug problem, a neu- formation. They can carry that with information floating around cyber- rological crisis, a heart problem, or a them. But this is the new technology, space without any reasonable safe- whole host of issues? and if we don’t do this, we will see guards. As it was, I happened to recognize many lives lost, and that is something There are a number of other prob- the child as a patient of mine and we we cannot afford to do. That is why I lems with this bill, Mr. Chairman, but quickly came to the conclusion that urge the passage of this bill.

VerDate Aug 31 2005 03:05 Jul 28, 2006 Jkt 049060 PO 00000 Frm 00023 Fmt 4634 Sfmt 0634 E:\CR\FM\K27JY7.032 H27JYPT1 CCOLEMAN on PROD1PC71 with HOUSE H5980 CONGRESSIONAL RECORD — HOUSE July 27, 2006 Mr. PALLONE. Mr. Chairman, I yield Under the current law, called HIPAA, every State may get involved. Real 3 minutes to the gentleman from Cali- we have very strict privacy protection achievement only comes when we im- fornia (Mr. WAXMAN). guidelines. Those guidelines are cur- prove health care, reduce costs, and Mr. WAXMAN. Mr. Chairman, we rently under review. There have been start saving lives. should not pass H.R. 4157 without in- over 50,000 comments filed with HHS Mr. PALLONE. Mr. Chairman, I yield cluding essential privacy protections for some proposed changes in those. 2 minutes to the gentleman from Texas for the health information of American Nothing in the Senate bill, that is a (Mr. GREEN). consumers. Privacy protection should companion bill to this bill, deals with (Mr. GENE GREEN of Texas asked go hand-in-hand with efforts to pro- privacy. and was given permission to revise and mote health information technology, Privacy is an important issue, but extend his remarks.) yet the Republican leadership refused more important is that we get a health Mr. GENE GREEN of Texas. Mr. to include appropriate privacy protec- information system technology in Chairman, I rise in opposition to the tions or allow consideration of privacy place, and that is what this bill does. Health Information Technology Pro- amendments. Mr. Chairman, I yield 2 minutes to motion Act. Health IT, as we call it, Our health care system will not be ef- the former Governor of the First State, has the potential to revolutionize our fective if privacy fears deter Americans the great State of Delaware (Mr. CAS- health care system by improving from seeking appropriate treatment. TLE). health outcomes through increased ef- Unfortunately, survey after survey Mr. CASTLE. Mr. Chairman, I would ficiency and accuracy. Despite the demonstrates that American con- like to thank Chairman BARTON for bill’s title, however, this legislation sumers lack confidence that the pri- yielding, but I also want to thank him would do little to actually promote the vacy of their personal health informa- for his great work on this important adoption of health IT among the pro- tion will be protected. legislation, H.R. 4157, which I support; viders who would most benefit from it. Just last year, the California Health and also the gentlewoman from Con- Most importantly, the bill fails to in- Care Foundation found that nearly necticut (Mrs. JOHNSON) has worked on clude adequate funding to help pro- two-thirds of Americans polled were this for some time, and will be speak- viders invest in this promising tech- concerned about the privacy of their ing shortly. nology. The $30 million in grant fund- health information, and one out of With recent reports estimating that ing is only a drop in the bucket, so to eight had taken steps that could have medical errors may be responsible for speak, and will be stretched thin put their health at risk simply because up to 98,000 deaths and 1.5 million among the many providers who need fi- of privacy concerns. Moving health medication errors each year, there is nancial assistance with health IT adop- records into electronic form is only no doubt in my mind that the time has tion. likely to increase their fears unless we come to move towards an electronic b 1330 act to ensure appropriate privacy pro- health records system. Unfortunately, the Rules Committee tections are in place. I am pleased this legislation offi- Recent incidents involving security failed to make in order either the Din- cially establishes the Office of the Na- gell/Rangel substitute or my amend- threats to medical information have tional Coordinator for Health Informa- underscored the vulnerability of elec- ment, which would have gone a long tion Technology, because it is abso- tronically maintained data. In June, way to facilitating widespread health lutely vital that the Federal Govern- we learned that Medicare data on 17,000 IT adoption. Specific to my amendment take the leading role in estab- beneficiaries enrolled in a Medicare ment, which I submitted with my col- lishing such a system. Without a stra- prescription drug plan had been put at leagues on our committee, Mr. GON- tegic Federal plan, I worry that each risk due to inappropriate security pro- ZALEZ and Mr. RUSH, would authorize a State will be left to their own devices tections on a computer file. And then Medicare add-on payment, a competi- and we will end up with a patchwork the Department of Veterans Affairs’ tive grant and a State loan program to system. I am hopeful that the stand- computer that was stolen several help providers invest in this tech- ards which are set will be easily adapt- months ago contained sensitive infor- nology. mation that included disability ratings able for the States and regions that are If health IT is a priority of the Fed- for some veterans and notes about already working on such connectivity. eral Government, then we need to put In my State of Delaware, we have es- some veterans’ health conditions. our money where our mouth is. In fact, according to the Privacy tablished the Delaware Health Infor- The bill is also sorely lacking in pri- Rights Clearinghouse, nearly 90 million mation Network. It has secured a $4 vacy protections. If patients are going electronic data records of U.S. resi- million contract with the Agency for to buy in to the benefits of health IT, dents have been compromised because Health Care Research and Quality to we must ensure that personal health of security breaches in just the past establish an e-health system in our information is as secure as possible. year and a half. hospitals, physicians’ offices, and lab- We already know from nationwide This administration’s lax approach oratories. Eventually, we hope this will surveys that two-thirds of Americans to enforcing existing medical privacy be extended to our nursing homes and are concerned about security of their requirements has raised additional con- community health centers as well. personal health information. cerns. A recent Washington Post arti- Because Delaware is such a small The very nature of health IT is at cle reported that the administration State, it is quite possible that our net- risk of privacy breach; therefore, the has not imposed a single civil fine work can spread across the Mid-Atlan- proliferation of health IT must be ac- under the Federal medical privacy rule tic region to include New Jersey, Penn- companied by increased privacy protec- despite nearly 20,000 complaints of vio- sylvania, and Maryland, and that is tions. lations over the 3 years the rule has why we have been working so hard to Unfortunately the Rules Committee been in effect. get it right and to make sure inter- failed to allow the Markey/Capps It is irresponsible for Congress to operability truly exists. amendment to be considered. That im- promote the development and use of A national health electronic infra- portant amendment would have re- health information technology without structure could truly be lifesaving for quired patient consent before their ensuring that necessary privacy and se- the millions of patients who access our health records were shared, as well as curity for health information are in health care system every day, as we patient notification in the event of a place. have seen in our VA hospitals. There is privacy breach. This commonsense I thank the gentleman from New Jer- real opportunity here to have elec- amendment would have closed a glar- sey for yielding to me so I could point tronic patient records, with appro- ing loophole that we currently have in out these specific concerns that I have priate private protections, electronic HIPAA. with this legislation, and I wish we prescribing, real-time understanding of In doing so, it would have given pa- could address them. prescription interactions, and im- tients the privacy assurance they need Mr. BARTON of Texas. Mr. Chair- proved outcomes. to share important health information man, I yield myself 30 seconds before I I am hopeful this bill will be swiftly and to maximize the benefits of health yield to Mr. CASTLE. conferenced with the Senate version so IT to their personal health.

VerDate Aug 31 2005 02:03 Jul 28, 2006 Jkt 049060 PO 00000 Frm 00024 Fmt 4634 Sfmt 0634 E:\CR\FM\K27JY7.033 H27JYPT1 CCOLEMAN on PROD1PC71 with HOUSE July 27, 2006 CONGRESSIONAL RECORD — HOUSE H5981 It is not often I advocate that the can be saved if we make these impor- adoption and implementation of health House should follow the Senate’s lead, tant steps towards enacting this legis- information technology such as elec- however, we should have better served lation. tronic medical records. Start-up costs our constituents if we take up the Sen- Mr. PALLONE. Mr. Chairman, I yield are a very significant failure and a bar- ate bill. 4 minutes to our ranking member of rier that physicians face. Passed unanimously by the Senate, the full committee, the gentleman Third, H.R. 4157 goes too far in under- that bipartisan health IT bill will pro- from Michigan (Mr. DINGELL). mining fraud and abuse laws as its re- vide the necessary resources and pave (Mr. DINGELL asked and was given sponse to needed investment. The ex- the way for Americans to benefit from permission to revise and extend his re- ceptions provided in this bill to the the promised health IT. marks.) Stark self-referral and anti-kickback I encourage my colleagues to vote Mr. DINGELL. Well, Mr. Chairman, statutes potentially encourage biased against this bill. here we are again. Bad legislation, bad decision making about a patient’s Mr. BARTON of Texas. Mr. Chair- procedure, unfair behavior by the ma- treatment, and it sets up a situation man, I yield 2 minutes to another dis- jority, and the inability to have a prop- where a doctor may be compelled to be tinguished member of the Energy and er discussion of the matter before us or confined in a system run by a par- Commerce Committee, who is also a to have an honest chance to amend a ticular hospital or health care pro- medical physician, Dr. BURGESS of bad bill. vider. Texas. My Republican colleagues are wast- Fourth, the bill falls short in estab- Mr. BURGESS. Mr. Chairman, thank ing a fine opportunity to make real lishing comprehensive standards. It you for bringing this important bill to progress in an area in which most does little or nothing to promote the the floor. Members of Congress are highly sup- adoption of standards by providers. The The bill, 4157, will codify and expand portive, health information tech- fastest way to accomplish this would the authorities and duties of the office nology. We have a chance not only to be to have the Federal Government to of the National Coordinator for Health save money and time, but we also have abide by the standards that it adopts Information Technology, Department a chance to save lives. But we won’t for electronic communications so that of Health and Human Services. This in- even allow a proper discussion or fair others in the private sector will follow. and decent amendments. cludes a number of responsibilities, H.R. 4157 does none of this. We have a chance to help providers to such as endorsing the interoperability The bill fails seriously on issues of transform their practices so that they guidelines under a schedule, con- patient privacy, funding for health in- could better serve the needs of their ducting a national survey on the infor- formation technology, providing and patients and so that there could be mation exchange capabilities of certain promoting electronic communications electronic communications with pro- entities, and reviewing Federal infor- between providers, and protecting viders, health plans and with the gov- mation systems and security practices. against fraud. This is a bad bill. A ernment. The bill requires that certain Federal The Democrats sought a substitute chance to write good law has been re- health information collection systems to the committee bill under the rules. jected. The bill should be rejected, and be capable of receiving information in The Rules Committee, as usual, re- I urge my colleagues to vote ‘‘no.’’ a form consistent with any guidelines jected it. So we are functioning under a Mr. BARTON of Texas. Mr. Chair- endorsed by the National Coordinator, gag rule. This alternative was identical man, I yield 2 minutes to the Vice within 3 years of endorsement. to the bill the Senate passed unani- Chairman of the Energy and Commerce We have heard some discussion about mously last November with strong pri- Committee, the brightest bloom to the issues of grants. Currently there vacy protections, and with bipartisan come out of Laurel, Mississippi, CHIP are grants through both CMS and my sponsorship and support. The Senate PICKERING. own Texas medical foundation back in bill, S. 1418, was jointly introduced Mr. PICKERING. Mr. Chairman, I Texas. But indeed, this bill authorizes after being negotiated between Sen- rise today in support of very significant legislation. Too often in this place targeted grants to help integrated ators FRIST, CLINTON, ENZI and KEN- we are faced with dilemmas and dif- health systems relay information and NEDY. But we won’t be permitted to better coordinate the delivery of care vote on it today. We must hear from ficult choices of trying to find savings for uninsured, under insured and medi- our Republicans as to why it is they that could diminish care, the quality of cally underserved populations. are afraid to allow proper debate, or care, the availability, the accessibility The bill also contains a demonstra- why it is that they won’t allow a prop- of care. But this is actually an oppor- tion program to promote the adoption er vote on matters which could strong- tunity for us, in this Chamber, and as of health IT in the small physician set- ly, broadly and importantly affect we go through the legislative process ting, absolutely critical in many of our their constituents and mine. in the House and the Senate, to have rural markets. The bill before us falls short. First, it significant savings to allow a stronger, My colleague, Dr. MURPHY, was up makes no progress towards protecting more sustainable Medicare Medicaid here a moment ago and showed a pic- the privacy and security of health in- health care system, that instead of re- ture of a medical record, an old paper formation. Expanded use of electronic ducing the quality of care, improves medical records system in a hospital. I health care systems clearly has a great the quality of care, reduces errors and actually want to tell you that that is potential benefit, but it also poses seri- improves the efficiency of how health pretty far from the truth. Normally ous threats to patients’ privacy by cre- care is delivered. This is a great oppor- you go in medical records department, ating greater amounts of personal in- tunity and it should be an opportunity it is nowhere near that clean. There formation susceptible to thieves, ras- of bipartisan support. I do believe that are records stacked on the floor. They cals, rogues and unauthorized users. when we get to the final product, that are stacked by dictation machines. Of- President Bush said something to my when we finish the House and the Sen- tentimes a critical record is hard to Republican colleagues, and I hope ate conference, that this is something find. every once in a while they listen to where we can have broad consensus. We But contrast that with what I saw in their leader. He said this: ‘‘I presume I do not necessarily need partisan divi- New Orleans, Louisiana when we had a am like most Americans. I think my sion on something that has such great hearing down there earlier this year. medical records should be private. I promise and potential to save money, The records room of Charity Hospital don’t want people prying into them. I the resources that we so desperately is absolute chaos. There is still water don’t want people looking at them. I need in our health care system, but, on the floor. There are records all over don’t want people opening them up un- more importantly, to protect and pro- that room. There is black mold grow- less I say it’s fine for you to do so.’’ mote and to heal the individuals and ing up the sides of the records. Clearly, Well, why is it that you won’t pro- the lives across the country. those records are unusable in any form tect, then, the records of people and Just coming out of Katrina, we have or any hope to be usable in the future. share the concerns of the President? seen in hospitals and health clinics and That is why this legislation is so crit- Second, H.R. 4157 fails to include suf- community health centers across Mis- ical. Lives, as well as money and time ficient Federal funding to foster the sissippi, the loss of medical records. If

VerDate Aug 31 2005 03:02 Jul 28, 2006 Jkt 049060 PO 00000 Frm 00025 Fmt 4634 Sfmt 0634 E:\CR\FM\K27JY7.036 H27JYPT1 CCOLEMAN on PROD1PC71 with HOUSE H5982 CONGRESSIONAL RECORD — HOUSE July 27, 2006 we have electronic records in place, cians and patients waste valuable time technology; and, as I mentioned when I that will not happen in future storms. on paperwork. And I saw situations spoke against the rule, privacy protec- This is a critical protection to the where available critical information tions. What good is health information records which are vital to the health was not available during a crisis. technology if providers cannot commu- care of our citizens. Those that are Immediately following Hurricane nicate with each? What good is the ex- poor and low income, electronic Katrina and Rita, the need for portable istence of health IT if nobody can af- records in community health centers electronic medical records became un- ford to use it? And what good is mak- and in Medicaid systems and in VA sys- deniable when thousands of patients’ ing our personal, private, sensitive in- tems have seen and will see tremen- records were destroyed or inaccessible. formation vulnerable to improper ac- dous benefits. This is an area in health But we did see some hope in that the cess and disclosure? care policy where we should not be di- New Orleans VA Hospital, despite being Unfortunately, we are still in an age vided, where we should find agreement, flooded, had records for 50,000 patients where individuals may be discrimi- and we should accomplish good things that survived because of the electronic nated against because of health condi- together. nature of the records and the backup tions. Here is our chance in a bill to Mr. Chairman, I support this legisla- system that was available. protect personal information from tion, and thank you for your leadership We also saw a secure Web site, being used to discriminate against peo- on this issue. Katrinahealth.org, established through ple. And my colleagues on the other Mr. PALLONE. Mr. Chairman, I yield a private/public partnership that was side of the aisle have indicated they do 2 minutes to the gentleman from Illi- another promising example. not care about patients’ rights to pri- nois (Mr. RUSH). b 1345 vacy. If you look carefully at the orga- Mr. RUSH. Mr. Chairman, I was dis- nizations supporting privacy protec- appointed with this bill during the When it comes to the use of informa- tions, you will notice they are patient mark-up in the Energy and Commerce tion technology, America’s health care advocates, consumer groups, health Committee, and I remain disappointed sector has lagged far behind other eco- professionals. with the final version on the floor nomic sectors for decades. Our ineffi- Those opposing it? The industry. today. With information technology, ciencies also squander billions of Whom are we passing this bill for this Congress has an opportunity to health care dollars that could other- today? I thought it was supposed to be revolutionize the way health care is de- wise go to helping patients. for patients so that they could receive livered in this country, but this bill is This legislation pending before the better care and for the health profes- weak and it merely props up the status House today is critical. It will help sionals so they could provide better quo. And, Mr. Chairman, this bill could overcome one of the most significant care. But it is clear to me that this bill actually make things worse. barriers to the adoption of health IT. before us disregards patients’ needs. My main concern is that underserved Small physician practices find it finan- We need to start over and do a better communities would not be a part of the cially difficult to invest in health IT job. HIT is that important. But not health care information technology equipment. The investment can run as this bill. I, therefore, oppose H.R. 4157 revolution. Too often communities high as $120,000 per physician. Federal and urge my colleagues to vote ‘‘no.’’ such as those I represent where a dis- statutes currently make it illegal for Mr. BARTON of Texas. Mr. Chair- proportionate number are minority these providers to accept this equip- man, I yield 2 minutes to a member of Americans and are the last to garner ment from a hospital or an insurance the committee, the distinguished ma- the benefits of new technological devel- partner. To address this problem, this jority whip from the Show-Me State of opments. As such, it is vital that any bill would provide the adequate safe Missouri, the Honorable Mr. BLUNT. serious HIT bill have a funding compo- harbor so that organizations could do- Mr. BLUNT. Mr. Chairman, I thank nent that aids low income providers. nate equipment to physicians without Chairman BARTON for yielding and for Unfortunately, this bill does virtually violating law. bringing this bill to the floor. nothing to address this very serious H.R. 4157 will help empower patients. The chairman and members of our problem. It does preserve State privacy laws. It committee, particularly Mrs. JOHNSON Nor does this bill have adequate re- limits skyrocketing costs. And it will from Connecticut on the Ways and quirements for interoperability which improve quality. Failure to modernize Means Committee, have been so instru- is, of course, a very huge flaw. Many our health system is simply unaccept- mental in getting this bill to the floor low-income residents in densely popu- able, particularly given the aging popu- today. This is a critically important lated urban environments do not have lation, the rising health care costs, and start. a primary care doctor that serves as a the prospects of future natural disas- As I sat here and listened to the de- consistent medical provider. Instead, ters. bate, it is clearly like we are debating these citizens often go from provider to So I urge passage of this very impor- two different bills: one that wants to provider, from clinic to clinic, and re- tant legislation. change the entire world in one bill and ceive their health care only sporadi- Mr. PALLONE. Mr. Chairman, I yield one that wants to step forward. cally. As such, it is vital that all of 2 minutes to the gentlewoman from On the privacy issue, this does not do these providers are connected to inter- California (Mrs. CAPPS). anything to change current privacy operable information systems, such Mrs. CAPPS. Mr. Chairman, I thank standards, but what it does is allow the that they are all able to communicate my colleague for yielding. information that people have about with each other and share necessary I rise in strong opposition to H.R. their health to be shared in a way that medical information. Without inter- 4157. Rather than move our health care helps them. And in terms of the cost, operability requirements, we are left system into the 21st century, this bill taxpayers pay an awful lot of the with the possibility of a network of does little other than bestow gifts upon health care cost in the country today. fragmented health care delivery sys- the insurance companies and big busi- And as my good friend Mr. PICKERING tems that are not able to talk to each nesses. HIT does have great promise, pointed out, this is a way to minimize other and coordinate care. great opportunity. And as a nurse, I cost and maximize benefits to patients Mr. Chairman, I must oppose this know very well the importance, for ex- at the same time. That does not hap- bill, and I urge my colleagues to oppose ample, of electronic medical records. pen very often. it also. But if the leadership was really serious Mr. Chairman, we have a little town Mr. BARTON of Texas. Mr. Chair- about facilitating wider-spread adop- in my district, Branson, Missouri, and man, I yield 2 minutes to a distin- tion of HIT that is able to deliver bet- it has lots of tourists. Seven or eight guished congressman from the Pelican ter quality health care for patients, million people come there ever year. State of Louisiana, who is a cardio- this bill would have contained the fol- Last year, last August, I was sitting at vascular surgeon, Dr. BOUSTANY. lowing: lunch beside the hospital adminis- Mr. BOUSTANY. Mr. Chairman, dur- A timeline for achieving interoper- trator, and he shared with me that paring my career as a cardiovascular sur- ability; funding so that hospitals and ticularly in about the fall, most of the geon, I saw far too many nurses, physi- physicians could afford to purchase the tourists that come are retired. Many of

VerDate Aug 31 2005 02:03 Jul 28, 2006 Jkt 049060 PO 00000 Frm 00026 Fmt 4634 Sfmt 0634 E:\CR\FM\K27JY7.039 H27JYPT1 CCOLEMAN on PROD1PC71 with HOUSE July 27, 2006 CONGRESSIONAL RECORD — HOUSE H5983 them come as part of a package travel and I would ask that we reject the leg- in place and secure personal health situation. And he said, If you are re- islation. data, are there changes you need to tired and you paid for a package travel, Mr. BARTON of Texas. Mr. Chair- make in Federal law? Are there com- if you feel like getting on the bus, get- man, before I yield to Congressman monalities in State laws that need to ting on the airplane, you more often CLAY of Missouri, let me compliment be brought closer? Are there any than not make an effort to make that Subcommittee Chairman DEAL for his changes, indeed, that need to be made trip, and more times than you would efforts on this bill. He cannot be here to absolutely secure individual per- expect, the first stop on that trip is the today because his mother is ill, but he sonal health data as we move to this hospital. For somebody who is on that worked very hard. system? That is the issue on privacy. motor coach who should not have prob- Mr. Chairman, I yield 1 minute to the Secondly, this bill adopts a whole ably gotten on but they get to Branson, distinguished congressman from Mis- new coding system, the ICD–10 system. Missouri, not feeling all that well, with souri (Mr. CLAY). Under today’s system, you cannot tell the right kind of ability to get their Mr. CLAY. Mr. Chairman, I thank whether a hospital has made a great health information shared, a 3-day the gentleman for yielding. leap forward in quality because they visit to the hospital could be a 3-hour Mr. Chairman, I rise today in support are doing a better job or simply be- visit to the hospital. of H.R. 4157, the Health Information cause they have changed an operative We need to start this process. Chair- Technology Promotion Act of 2006. I technique from an invasive operation man BARTON understands that. Mrs. believe the bill before us is a thought- to a noninvasive approach to that sur- JOHNSON understands that. Our com- ful and measured approach for estab- gical procedure. So we have to know mittee understands that. This is the lishing the Federal Government’s role more about what we are doing so we way to do it today. I am pleased to see in promoting the adoption of a na- can talk honestly to ourselves about this bill on the floor. It is an important tional health information network. quality, so we can upgrade quality, and first step. You can never get there if The bill before us takes the logical so we can pay accurately. This bill does you do not take the first step. This is step of codifying the Office of the Na- that. a great first step. tional Coordinator for Health IT at This bill sets up an Office of Tech- And, Chairman BARTON, I applaud HHS. This will ensure long-term sta- nology, and we need that office to as- your efforts to get this bill on the bility and continuity in the establish- sure that the public and private sectors floor. ment of policies and programs relating work together to create an environ- Mr. PALLONE. Mr. Chairman, I yield to network interoperability, product ment in which great companies in myself the balance of my time. certification, and adoption throughout America compete to provide the best Mr. Chairman, I just wanted to say, the health care stakeholder commu- possible technology, all of which be- from personal experience in my home nity. It will also prove beneficial to comes interoperable. State of New Jersey over the last few both providers and public health agen- So without a Federal office involved, months, I have visited a number of hos- cies nationwide as vital clinical, pre- without standards being set, we will pitals throughout the State and looked scribing, and laboratory information not have that interoperable system at their health IT, and I have also will be accessible through one inte- that we know is going to be so impor- talked to a number of physicians. The grated network. tant to improve the quality of our reason that this legislation is not I want to thank Congresswoman health care system. going to accomplish the goal of really JOHNSON and Congressman DEAL for Not only do we need to have stand- expanding health IT, and I can tell just their good work. ards; we need to accelerate dissemina- from my experiences with these hos- Mrs. JOHNSON of Connecticut. Mr. tion because the power of health infor- pitals, first of all, most of the doctors Chairman, I yield myself 5 minutes. mation technology is not in a single say that even for a small group prac- I rise in strong support of the legisla- provider. It is in the system-wide im- tice, they probably have to invest tion and would submit my opening pact of it. So this bill helps dissemi- about $50,000 or more into health IT. statement for the RECORD. nate that technology in part through And given the reimbursement rates and I would like to comment on some of its grant provision. But, realistically, what is happening right now, most the comments of my colleagues made the government is not going to pay for physicians, particularly small group earlier. Before I do that, let me just this. The system is going to do it be- physicians in rural areas and in urban take a moment to thank Chairman cause it creates such system effi- areas, are not able to make that kind BARTON and Representative NATHAN ciencies that it pays the system back. of investment. So that is why we need DEAL and my own chairman, Chairman a funding source. However, in addition to grants we en- This bill has very little funding, BILL THOMAS, for their support and ef- courage the system to be able to minimal. And the substitute, which is fort in the development of this bill. But dissiminate technology by allowing based on the Senate bill, on a bipar- instead of doing my opening statement, consortium to develop, by allowing a tisan basis, would provide the funding let me comment on some of the things hospital in a small town to work with to make a meaningful difference so that have been said to this point. the big employers in that town, the big that we would have an increase in First of all, on the issue of privacy, insurers in that town, to get together health IT. That is what this is all this bill sets the groundwork to im- to get a good deal on technology or on about. That is why we should reject prove privacy by putting in place a several technologies so that tech- this bill and adopt something like the study of State privacy laws and Fed- nologies are appropriate to the pro- Senate bill. eral privacy laws so we can see what is viders but are interoperable. In addition, with regard to the pri- working, what is not working, how So this not only deals with the devel- vacy provisions, when I visited the hos- similar are the State laws, where opment of standards, with the dissemi- pitals in New Jersey, it was very clear might their differences inhibit the se- nation of technology, with building the to me that when you start to move curity of a nationwide system. In other knowledge base we need to ensure the with a lot of these electronic and high- words, it gives us the knowledge we privacy of personal health information. tech systems, there is going to be a need to upgrade our HIPAA system if, It moves to a more modern coding sys- real problem with privacy that may indeed, that is necessary. It may tell us tem, and it will deliver to us a dra- not exist now with traditional systems. that is not necessary. But it would be matic revolutionary increase in the Moving to an electronic system, you absolutely irresponsible to move ahead quality of health care available in have to have additional privacy guar- without the information that will be America. It will not only reduce med- antees. And we feel, again, the Demo- developed as a result of this legisla- ical errors and eliminate adverse drug cratic substitute that was rejected by tion. HIPAA already provides absolute interactions, saving millions of dollars, the Rules Committee had those privacy protection of our health information. reduce administrative costs by billions, guarantees. I think they are going to What we want to know is when you but also allow us to do chronic disease be part of our motion to recommit. do what this bill envisions, that is, you management for our seniors, care man- This is the time to address the pri- create a nationwide interoperable agement for the severely ill, and up- vacy issue in the context of this bill, health information system to put that grade the quality of diagnosis and

VerDate Aug 31 2005 02:03 Jul 28, 2006 Jkt 049060 PO 00000 Frm 00027 Fmt 4634 Sfmt 0634 E:\CR\FM\K27JY7.042 H27JYPT1 CCOLEMAN on PROD1PC71 with HOUSE H5984 CONGRESSIONAL RECORD — HOUSE July 27, 2006 treatment and return ourselves to a pa- Mr. Chairman, I reserve the balance JOHNSON, Mr. SHAW and Mr. HAYWORTH tient-centered affordable health care of my time. voted against adding provisions that system. b 1400 contain waste, fraud and abuse. They So this is an important bill that sets opposed setting a date certain for the the foundation for the future. And I am Mr. STARK. Mr. Chairman, I yield implementation of interoperability and astounded at my colleagues on the myself such time as I may consume. standards. And they opposed, Mr. other side of the aisle opposing it be- (Mr. STARK asked and was given SHAW, Mr. HAYWORTH and Mrs. JOHN- cause it does not do things we are not permission to revise and extend his re- SON, an amendment to make sure that yet prepared to do. marks.) people’s private medical records were Today the House of Representatives has Mr. STARK. Mr. Chairman, I am protected. Unfortunately, these amend- the opportunity to pass legislation that will lay going to start with three fairy tales, I ments, all rejected on party line votes, the foundation for a new era in health care. had four, but my staff made me cut one would have improved the bill some- Systemwide adoption of health information out, fairy tales your mother would tell what. technology will dramatically improve the qual- you. This does not have to be a partisan ity of care. It will reduce medical errors, re- One, if you didn’t clean your ears, po- issue. The Senate was able to pass duce duplication and unnecessary care, and tatoes would grow in your ears. The unanimously a bill that is greatly bet- bring cutting edge information to the service of second fairy tale my mother told me ter than this bad bill. doctors as they diagnose and treat their pa- was if you ate too many watermelon I have spent countless hours reading tients. It will also eliminate many of the admin- seeds, a watermelon vine would grow and discussing this issue with physi- istrative inefficiencies that characterize the out of your belly button. The third cians and other experts. I spent a day American health system and strengthen and fairy tale is that this bill will do one at the VA to learn about their system. protect the security and confidentiality of blessed thing to help information tech- On numerous occasions, I have reached health information systems. In short it will fun- nology. across the aisle in an attempt to come damentally advance the practice of medicine I am not surprised that my col- up with some vision about how we and improve the quality of care all Americans leagues on the other side of the aisle might move forward. will have access to. spin every issue in a partisan way, but Sadly, this is just a fig leaf, a polit- Unfortunately, the adoption of health infor- it is a shame that you are now using ical statement for campaigns that does mation technology has been frustratingly slow. health information technology as a absolutely nothing to improve the fu- Since the full potential of this technology can pawn to advance your bankrupt ide- ture of information technology, which only be harnessed if it is widely disseminated ology. The promise that information is sadly needed by our medal providers. amongst all types and sizes of providers, it is technology holds to save lives and Indeed, it does harm to that. I hope we imperative to pass H.R. 4157 to speed the money is vast, but H.R. 4157 forestalls can reject this bill, come back after adoption and diffusion of health information that promise. the elections when there is a better cli- technology. It is a lousy bill. It does nothing. mate for bipartisan work and report a This legislation is modest in scope. It lays H.R. 4157 doesn’t provide for the devel- the groundwork for fundamental change by re- bill out that will do some good. opment of or the adoption of interoper- I urge my colleagues to oppose 4157. moving the barriers to private sector adoption. ability standards; it does not provide It provides for a national framework for the de- Mrs. JOHNSON of Connecticut. Mr. funding to help providers transition to Chairman, I yield 2 minutes to the gen- velopment and widespread dissemination of an electronic medical records system; interoperable health information technology by tleman from Pennsylvania (Mr. and it does not strengthen privacy pro- ENGLISH). creating an office to coordinate the develop- tections. ment of a national health information system. Mr. ENGLISH of Pennsylvania. Mr. It does do one thing: It weakens Chairman, I want to thank the It promotes common-sense cooperation be- Medicare’s fraud and abuse laws. My tween doctors and hospitals and other pro- gentlelady for yielding. colleague from Louisiana on the Ways I rise today in support of H.R. 4157, viders by allowing entities to provide physi- and Means Committee acknowledged in cians and others with hardware, software, which is not a panacea, but is an im- our full committee markup that if the training or IT support services. It updates diag- portant starting point on this very im- fraud and abuse provisions were re- nosis coding systems for the digital age and portant topic. moved from this bill, it would accom- provides an expedited process for ongoing up- This legislation would work to en- plish nothing. Zip. That is a Repub- dating of technology standards. It begins a sure interoperability standards for lican who said that. process for creating greater commonality health IT are adopted, stimulating in- CBO says, ‘‘CBO estimates that en- amongst state and federal security and con- vestment in electronic health records, acting H.R. 4157 would not signifi- fidentiality laws and regulations in order to bet- electronic prescribing and other forms cantly affect either the rate at which ter protect and strengthen the exchange and of IT that have been demonstrated to health information. Additionally, it provides the use of health technology will grow make health care safer and more effi- grants for the adoption of health information or how well that technology will be de- cient. technology to coordinate care among the unin- signed and implemented.’’ Only through a truly interoperable, sured and to implement technology in small The reason that it has no cost is it nationwide system will the benefits of physician practices. Finally, it includes studies doesn’t do a bloody thing. health information technology be fully and reports on the expansion of telehealth People who I often disagree with, realized. The widespread adoption of services in Medicare. America’s Health Insurance Plans, rep- health IT holds great promise to reduce Health information technology touches every resenting the for-profit hospitals and medical errors and administrative aspect of the health care system. It will enable plans, wrote to us and said, ‘‘The pend- costs, which can lead it to a dramatic us to provide disease management for all ing legislation falls short of its stated improvement in the quality, the deliv- those with chronic illnesses, care management goals and will lead to serious unin- ery and the cost of health care. for those with severe, complex illnesses, and tended consequences for consumers. We A couple of years ago in my district, provide access to preventive and appropriate have consistently shared these con- I established a Health Care Cost Con- care for the uninsured. It will reduce medical cerns, and cannot support the legisla- tainment Task Force which identified errors, adverse drug interactions, and decisive tion with the following provisions as preventable mistakes and physician er- support to improve the quality of diagnosing currently drafted.’’ rors as a significant source of health and treating patients. I don’t know what my colleagues care costs in the system. One of my The role technology can play in the systems across the aisle think they are doing. task force’s recommendations was to of health care will be as revolutionary as the We offered some amendments to ad- help curb the rise of preventable med- role technology has played in health care redress the serious failings of this bill ical errors through the implementation search and treatments. H.R. 4157 removes and we were opposed on party line of health information technology. barriers to greater adoption of information votes. Mrs. JOHNSON, Mr. SHAW and Mr. I am very pleased with the work that technology in the health system so the long HAYWORTH voted against adding fund- our subcommittee and its chairman overdue potential of technology can be real- ing so that doctors could afford to have done in this area. This is a very ized in health care. transition. These same people, Mrs. important initiative because, compared

VerDate Aug 31 2005 02:03 Jul 28, 2006 Jkt 049060 PO 00000 Frm 00028 Fmt 4634 Sfmt 0634 E:\CR\FM\K27JY7.043 H27JYPT1 CCOLEMAN on PROD1PC71 with HOUSE July 27, 2006 CONGRESSIONAL RECORD — HOUSE H5985 to other industries, health care has a So today before us is a bill that costs because we would now not have neolithic perspective when it comes to doesn’t have the needed privacy protec- to duplicate care if we have care now information technology. tions; it is underfunded, which ensures that is tracked, so we don’t have to go The core idea, Mr. Chairman, behind inequity will exist across the country; to four different doctors and not have an electronic health care system, is and does nothing to correct the great- each doctor repeat the same test. that doctors in one State treating an est injustice of our time, the health We can now make sure that the best emergency room patient visiting from care disparities that cause premature in care gets to everybody, because now another State should be able to access and preventable deaths and disability the evidence base will be available to that patient’s records on a nationwide every day in this country that has the all doctors, no matter where they live health care technology system. In this wherewithal to do better. in this country, so people will get the way, the patient will be better pro- I encourage my colleagues to oppose same and the best of care. tected, the doctors will be able to treat H.R. 4157. But, frankly, Mr. Chairman, this bill the patient more quickly and more ef- Mrs. JOHNSON of Connecticut. Mr. doesn’t do it. This bill doesn’t do it. fectively, which would cut down on er- Chairman, I yield myself 40 seconds. Why? Because it doesn’t implement the rors, and the Nation will save on Mr. Chairman, my colleagues on the quality standards to ensure that people health care spending. other side of the aisle are acting as if get that good care. It doesn’t ensure By supporting this legislation, we we had technology that, if we only had that we move quickly to the adoption, make a significant move forward in the money, we could implement. That because, one, it sets up the adoption bringing health care information tech- just isn’t so. Secretary Levitt and Dr. date too far in the future. Why are we nology fully into the 21st century and, Brailer have led a phenomenal aggres- waiting? If we are acknowledging this in the process, saving lives and re- sive, strong effort and through their ef- is important, why are we putting this sources as well. fort, working with the public and pri- off? Mr. STARK. Mr. Chairman, I am vate sector, they have established Next, when it comes to making sure pleased to yield 2 minutes to my col- standards for electronic health records that there is privacy, I don’t frankly league from the Virgin Islands, Dr. and for E-prescribing. understand how we can go into an elec- CHRISTENSEN, who knows firsthand how But there are a lot more standards to tronic age in medical records and not important the issue is before us today. be set. And in this bill, we do have a ensure that people’s personal medical Mrs. CHRISTENSEN. Mr. Chairman, date certain, but it is way off in 2009. I privacy is protected. I thank Mr. STARK for yielding. think we will get there before then. For those reasons, I will be voting Mr. Chairman, there is no doubt that But, as important, we put in this bill a against this legislation. health information technology, or HIT, very progressive, accelerated way of Mrs. JOHNSON of Connecticut. Mr. holds great promise in helping us solve updating those standards, because this Chairman, yield 2 minutes to the gen- ULSHOF). some of our most pressing health care is going to be about continuous im- tleman from Missouri (Mr. H (Mr. HULSHOF asked and was given issues, such as reducing escalating provement. permission to revise and extend his re- health care costs and medical errors. My colleagues on the other side of Yesterday I appeared before the marks.) the aisle that talk about minority Mr. HULSHOF. Mr. Chairman, I Rules Committee to request that an health are absolutely right. Unless we would like to thank the Chair of the amendment to H.R. 4157 be made in get health information technology im- Health Subcommittee, especially for order which would ensure that HIT planted and we move to chronic disease her bold initiative and leadership on monitor and measure the racial, ethnic management and health care manage- this bill, for really trying to wrestle and geographic health disparities. The ment, we cannot meet the needs of care with a very important issue and look- amendment, like others, was not ac- our minority population need. That is ing ahead and being a visionary as far cepted, and the committee lost an op- why this bill is so important. as employing technology and how we portunity to make this bill better, to Mr. STARK. Mr. Chairman I am can improve health care in this coun- improve the health of millions of hard- pleased at this time to yield 2 minutes try. It is a good bill. I am proud to be working Americans who it is proven to the gentleman from Rhode Island an original cosponsor. are discriminated against in health (Mr. KENNEDY), who has been a cham- I would especially like to touch some care and further reduce the health care pion on the issue of information tech- the telemedicine, telehealth, provi- costs caused by disparities. nology. sions. I appreciate very much that Mr. Disparities that cause, for example, Mr. KENNEDY of Rhode Island. Mr. THOMPSON of California and I have put the maternal mortality rate for Afri- Chairman, I thank Mr. STARK for his together a bill where the bottom line, can American women to be almost five leadership on this issue. Mr. Chairman, is that with advance- times higher than that for their white Mr. Chairman, we are talking today ments in telecommunications, health counterparts; or the infant mortality about the potential to revolutionize care providers in small communities rate in African Americans and Amer- our health care system by means of can now access resources that are ican Indian/Alaska Natives to be more technology that we are using in almost available in the finest hospitals and than two times higher; or although every other industry currently in our academic institutions in the country. they account for just one-quarter of society except the industry that prob- The quality of one’s health care the total U.S. population, for Latino ably could benefit the most from it, should not be dictated by one’s ZIP and African Americans to account for and that is our health care system. Code. So I am very excited about the more than two-thirds of newly reported We are after this for many different fact that technologies like interactive AIDS patients. reasons, but one of the reasons I am video conferencing, the Internet, sat- A recent IOM report noted that any- after it for is because I want to reduce ellite, are already systematically where from 44,000 to 98,000 deaths were the cost of health care for my constitu- changing the face of our Nation’s caused each year by medical errors, but ents. My constituents, whether they be health care. another report by former Surgeon Gen- businesses that are paying exorbitant This legislation directs the Secretary eral Dr. David Satcher found that premiums for their workers, or the to work with the telehealth commu- health disparities caused more than workers who are paying high premiums nity, especially as far as services 85,000 preventable deaths in African themselves, or whether it is not only across State lines. We know that that Americans every year. the consumer, but it is even the pro- is an issue. We want to expand the The amendment I sponsored would viders that are getting shortchanged origination and consulting sites so that have played a key role in helping pro- on their reimbursement, no one is more of our underserved communities viders, executives and administrators happy with the current health care sys- will have access to the best health care in the health care system better ensure tem. that the community has to offer. an equity in the delivery of health care So, Mr. Chairman, what we could do that does not now exist, while at the today is do what has been already out- b 1415 same time, further reducing unneces- lined by the Rand report, which says I would like to brag a little bit, Mr. sary health care costs. we could save $162 billion in direct Chairman, because telehealth patients

VerDate Aug 31 2005 03:02 Jul 28, 2006 Jkt 049060 PO 00000 Frm 00029 Fmt 4634 Sfmt 0634 E:\CR\FM\K27JY7.047 H27JYPT1 CCOLEMAN on PROD1PC71 with HOUSE H5986 CONGRESSIONAL RECORD — HOUSE July 27, 2006 from small towns throughout my dis- find that since October 1, 2001 Medicare has families face in health care is this piti- trict in Missouri have been receiving only reimbursed for approximately $1.2 million ful proposal. They have discovered that specialist care or services from a vari- total for telehealth services and originating site the answer to the problems American ety of specialists, including mental facility fees. This illustrates that the Federal families face with health care is not health providers. I know that is cer- Government has made a minor contribution what the American families thought tainly a hot-button issue for many compared to what we were expected to was their problem about getting access here, without having to take available spend. And more needs to be done. to affordable, quality health care. No, time, maybe, away for caring for a This legislation highlights the capabilities of it is bad handwriting. Yes. We all know loved one or from work or for school or telemedicine by directing the Secretary to the legendary bad handwriting of phy- for other parental duties. work with the telehealth community to find so- sicians that is the subject of cartoons Right now there are 2,000 patients in lutions to the services across State lines and stories. Missouri that are cared for using Mis- issue, and expanding origination and con- But by golly, they are solving that. souri’s telehealth network. It is esti- sulting sites so more of our underserved com- All of these physicians, and the hos- mated over 40,000 radiological examina- munities will have access to the best health pitals and the clinics, will be using tions have been performed. In fact, one care this country has to offer. electronic records and solve that pen- example: a critical-access hospital in I would also like to brag on how, because manship problem. Well, that is not a the small town of Macon, Missouri, un- of telehealth, patients from small towns bad idea. It is just that they do not put expectedly lost the only radiologist in throughout my district are able to receive serv- their money where their mouth is. the area. There was not another spe- ices from a variety of specialists, including They tell the physicians and the clin- cialist within that underserved area. mental health providers, without having to take ics, you figure out how to pay for this Fortunately, the University of Mis- valuable time away from work, school or pa- technology. And in the process of this rental duties. souri stepped in to provide coverage transformation, once again, as they Currently in Missouri, over 2,000 patients during this 4-month period of time so have done with our library records and this small community could have ac- per year are cared for using the Missouri Tele- health Network and it is estimated that over our phone records and our veterans cess to a qualified radiologist. Again, records, they couldn’t really care less there are lots of good things in this 40,000 radiology exams have been performed. In fact, in my district, a Critical Access Hos- about privacy. bill. But telemedicine is one piece of it. Think about whether you want your I commend the chairwoman and I urge pital in the town of Macon unexpectedly lost its only radiologist, leaving the area without a psychiatric records, your prescription everyone to support it. records on the Internet for other people I thank the chair of the Health Sub- specialist in this area. Fortunately, the Univer- sity of Missouri stepped in to provide coverage to see. Because this legislation does committee, on which I serve, for her bold lead- not provide the guarantee of privacy. ership on this bill and improving health infor- through the telehealth network for a 4-month period until a new radiologist was hired. With- And so fearful are they of a true debate mation technology in this country. about protecting the privacy rights of H.R. 4157 will launch the American out this option, Macon residents would have been forced to either commute or simply go Americans to their medical records, to healthcare system into full capacity to take ad- their health care records, that may af- vantage of the best technology. This will give without radiological care. It is my hope that via this legislation, rural fect their future employment, that all Americans better health care, more acces- and underserved areas in my district and may affect their future family rela- sible medical records, and better quality of across the country will be able to find the tions, that may affect their ability to care. same successes experienced with the Mis- get insurance. It is a good bill of which I am proud to be souri Telehealth Network. So fearful are they of a debate about an original cosponsor. Mr. STARK. Mr. Chairman, I yield that, they refuse to let us offer even I would like to touch on the telemedicine 21⁄2 minutes to the gentleman from one amendment to address patient pri- provisions of the bill. Texas (Mr. DOGGETT). vacy. The Health Information Technology Pro- Mr. DOGGETT. Mr. Chairman, during motion Act includes important provisions for Mrs. JOHNSON of Connecticut. Mr. the 12 years that Republicans have con- Chairman, I ask how much time is re- the advancement of telehealth services—Re- trolled this House, they have done very quires the Secretary of HHS to take steps that maining. little to address the real concerns of The CHAIRMAN. The gentlewoman expedite the provision of telehealth services families confronted with a health care has 21⁄2 minutes remaining. across State lines by taking a closer look at crisis. This afternoon during rush hour, State licensure issues; requires the Secretary Mrs. JOHNSON of Connecticut. Mr. some family, in fact probably many Chairman, I yield 1 minute to the gen- to conduct two studies: (1) a study on the use families, will suffer a severe auto acci- tleman from New Jersey (Mr. FER- of store and forward technology in the provi- dent on the way home. GUSON). sion of telehealth services; and (2) a study on Perhaps a mom will be found to have the coverage of telehealth services provided in breast cancer, or a child a serious Mr. FERGUSON. Mr. Chairman, I home health agencies, county mental health childhood disease. And as these health thank the gentlewoman for yielding me clinics and other publicly funded mental health care challenges emerge, tens of thou- time. facilities. sands of families across America will Mr. Chairman, I rise today in favor of Advancement in telecommunications now al- end up not only driven into despair but a bill that would help us usher in 21st- lows health care providers in small commu- into bankruptcy. century medicine into the doctors’ of- nities to access the resources available in the And yet Republicans have not offered fices of our country. By encouraging finest hospitals and academic institutions. Indi- real solutions to address those kinds of the dissemination of health informa- viduals in this country should receive the problems. Recognizing their failures tion technology, we move full speed health care they need regardless of where earlier this year, both Senate and ahead toward establishing an infra- they live. A person’s address should not dic- House Republican leaders declared structure necessary to create an envi- tate the state of their health. Technologies there would be a ‘‘health care week.’’ ronment where errors are reduced and such as interactive videoconferencing, the Well, the Senate took up their ‘‘health care is improved. Internet and satellite are already systemati- care week,’’ and every old, retread Re- This bill promotes cooperation be- cally changing the face of our Nation’s health publican proposal that they had was re- tween doctors and hospitals and pro- care. jected. vides physicians with the IT support In 2000, the Congressional Budget Office So I guess too embarrassed to have services they need to establish this in- estimated that the telehealth provisions of the ‘‘health care week’’ here in the House, frastructure. In particular, I am Medicare, Medicaid, and SCHIP Benefits Im- even though they declared it, the Re- pleased this bill includes an amend- provement and Protection Act of 2000, BIPA, publicans canceled ‘‘health care week,’’ ment that I sponsored in the Energy would cost $150 million over 5 years. In June just like they have canceled so many of and Commerce Committee with Con- I asked CMS to provide me with information the commitments that they made back gressman TOWNS that would provide on how much the Federal Government has in 1994 to the American people. grants for the use of health informa- spent to date to get an idea of how close we And what they have left as their one tion technology to coordinate care for are to CBO projections. I was astonished to new idea for the crisis that American the uninsured.

VerDate Aug 31 2005 03:02 Jul 28, 2006 Jkt 049060 PO 00000 Frm 00030 Fmt 4634 Sfmt 0634 E:\CR\FM\K27JY7.050 H27JYPT1 CCOLEMAN on PROD1PC71 with HOUSE July 27, 2006 CONGRESSIONAL RECORD — HOUSE H5987 These grants are targeted to inte- Meanwhile, American veterans al- House has missed an opportunity to promote grated health systems that have dem- ready had fully electronic medical in a meaningful way our health care system’s onstrated success in the past for treat- records, and their medical histories transition from a paper-based medical records ing the uninsured and underinsured were seamlessly transmitted to other system to an electronic one. Congress is in populations in underserved commu- VA hospitals in Baton Rouge or Hous- nearly unanimous agreement that this move is nities. This is just one example of how ton for complete care. necessary, and that it is in the best interest of this bill helps to provide the necessary There is a reason why Senator CLIN- patients, providers, and health care quality framework for health IT for all Ameri- TON and Speaker Gingrich both so over all. cans. strongly support a full deployment of But it appears that we have before us legis- Mr. Chairman, I invite all of our col- electronic medical records. They relation that will do little to move the Nation to- leagues to support this commonsense duce medical errors and improve care ward that goal, and that in some respects, legislation. It will help establish a as they already have demonstrated to may be harmful. As a member of the Ways framework of care for all Americans as do so heavily in the VA. and Means Committee, which considered this we head into the 21st century. Our Federal law already sanctions bill earlier this year, I had the opportunity to Mr. STARK. Mr. Chairman, to close any violation of medical privacy with vote on several amendments that would have debate for our side, I yield 1 minute to up to 10 years in jail and $250,000 fines. strengthened this bill, that would have enabled the gentleman from Maryland (Mr. This legislation is the third part of our Committee to bring this bill to the floor HOYER), the distinguished minority our suburban agenda, commonsense re- with bipartisan support. Those amendments whip, who supports information tech- forms to improve the health care for would have added funding so that doctors nology, but realizes this bill does noth- all American patients. could afford to transition to electronic medical ing to help it. Mr. CLAY. Mr. Chairman, I rise today in records; removed provisions that expand fraud Mr. HOYER. Mr. Chairman, Demo- support of H.R. 4157, the Health Information and abuse, set a date certain for the imple- crats worked with the health care and Technology Promotion Act of 2006. I believe mentation of interoperability standards, and technology industries to write a bill the bill before us is a thoughtful and measured guaranteed the confidentiality of personal that would lead to the widespread use approach for establishing the Federal govern- health information. Unfortunately, each was of information technology in medicine, ment’s role in promoting the adoption of a na- defeated on a party-line vote. a necessity. The effective use of it can tional health information network. So the bill before us today still contains sev- reduce medical errors, health care The bill before us takes the logical step of eral fundamental problems. The first is the costs, and save lives. codifying the Office of the National Coordi- lack of strong privacy protections. Mr. Chair- Mr. Chairman, we should be taking nator for Health IT at HHS. This will ensure man, I wonder how many breaches of sup- up the Dingell-Rangel bill today, a bill long-term stability and continuity in the estab- posedly secure electronic medical records that was virtually identical to the bill lishment of policies and programs relating to must occur before we get serious about enact- that passed unanimously in the United network interoperability, product certification, ing strong privacy protections into law. In two States Senate. Instead, we are voting and adoption throughout the health care weeks, we will mark the 10th anniversary of on a Republican bill that fails to pro- stakeholder community. It will also prove ben- the Health Insurance Portability and Account- vide for the development or adoption of eficial to both providers and public health ability Act. Privacy regulations stemming from interoperability standards, that fails to agencies nationwide, as vital clinical, pre- that law were finally issued in 2001. Ten years provide funding to help providers tran- scribing, and laboratory information will be ac- ago, Americans’ familiarity with electronic sition to an electronic medical records cessible through one integrated network. communication and electronic transfer of infor- system, and that fails to strengthen Just last week, the Institute of Medicine re- mation was quite limited. HIPAA does not pro- privacy protections. leased its report on the number error rates in- tect individuals. What a shame. What a missed oppor- volved with prescribing patient medications, The second is a lack of funding. My col- tunity. We should oppose this bill, and and how the use of e-prescribing would con- leagues, Mr. WYNN, Mr. ENGEL, and Ms. we should bring the Rangel bill to the tribute to reducing the number of annual errors SCHAKOWSKY and I offered an amendment that floor. in hospitals by 400,000 and save an estimated would have provided grants for community Mrs. JOHNSON of Connecticut. Mr. $3.5 billion this year alone. Utilizing health IT health centers and hospitals with high num- Chairman, I yield 30 seconds to the is not only economically beneficial, but will bers of low-income patients. These are the fa- gentleman from Pennsylvania (Mr. also prevent many costly and unnecessary pa- cilities that already face severe financial MURPHY). tient injuries relating to drug interactions. strains. They include many community health Mr. MURPHY. Mr. Chairman, for the I realize the bill before us is not a perfect centers in Baltimore and larger facilities such record I would like to note that the one, and I agree with my friends who have as Prince George’s Hospital Center in my HIPAA laws do apply to this with re- stated that stronger protections for the security home state of Maryland. They do not have gard to privacy, whereby there would and privacy of personal health information are extra money to implement expensive health in- be fines up to $250,000 and up to 10 desperately needed. Let me be clear that I’m formation technology systems. Our amend- years in prison for disclosure or obtain- very disappointed that some thoughtful ment would have given them needed help to ing health information in many of amendments offered by my Democratic col- take advantage of health information tech- these areas. So it does apply. leagues on security and privacy will not be nology for their patients, many of whom face The second is the CBO report which considered today. I do not believe, however, significant health challenges due to chronic ill- is being taken out of context. It men- that health IT platforms used for the preserva- nesses. If adopted, our amendment would tioned that there can be savings for tion or transmission of identifiable patient infor- have helped these facilities leap the financial Medicare in this. And as hospitals mation are any more vulnerable to security hurdles that will otherwise prevent the spread learn to adapt to health information breaches than modern paper-based record of health information technology. Unfortu- technology, if they do not adapt right, systems. nately, the Rules Committee refused to allow that may be more costly; but overall In fact, many providers, insurers, and hos- our amendment to be made in order. there are many savings in this. pitals have already transitioned from paper Mr. Chairman, many of my colleagues have Mrs. JOHNSON of Connecticut. Mr. based records to electronic health record sys- made this point, but it bears repeating: The Chairman, I yield the balance of our tems, while taking internal steps to ensure that nonpartisan Congressional Budget Office esti- time to the gentleman from Illinois appropriate security and access controls are mates that enacting this bill in its present form (Mr. KIRK). built into their IT systems and are compliant ‘‘would not significantly affect either the rate at Mr. KIRK. Mr. Chairman, I rise in with current law. All we are doing today is tak- which the use of health technology will grow support of this legislation because it ing the next step to ensure that all who or how well that technology will be designed will dramatically improve civilian choose to utilize health IT have a blueprint for and implemented.’’ The lack of funding is one health care, the way this technology system standards to ensure optimal of the primary reasons why. has already done for veterans across functionality for all participants. I am also very concerned about the excep- America. When Katrina hit New Orle- I thank Congresswoman JOHNSON and Con- tions to the Stark anti-self-referral and anti- ans, many civilian hospital record gressman DEAL for their good work. kickback laws contained in the underlying bill. rooms were wiped out, including the Mr. CARDIN. Mr. Chairman, I rise in opposi- These provisions would serve to seriously medical history of thousands. tion to this bill. I am disappointed that the weaken these important consumer protection

VerDate Aug 31 2005 02:03 Jul 28, 2006 Jkt 049060 PO 00000 Frm 00031 Fmt 4634 Sfmt 9920 E:\CR\FM\K27JY7.053 H27JYPT1 CCOLEMAN on PROD1PC71 with HOUSE H5988 CONGRESSIONAL RECORD — HOUSE July 27, 2006 laws. In H.R. 4157 as it is being considered Health Information Technology and that the Sec. 203. Upgrading ICD codes; coding and today, physicians could be offered free or dis- coordinator will be tasked with devising a na- documentation of non-medical counted technology in exchange for referring tional strategic plan for implementing health information. Sec. 204. Strategic plan for coordinating im- their patients to a facility or for a particular IT. Additionally, the grant money authorized by plementation of transaction service. According to the Congressional Budg- the bill is a worthwhile, if small, step in the standards and ICD codes. et Office, these exceptions would raise health right direction. Representing western Wis- Sec. 205. Study and report to determine im- care costs. consin, I know too well how difficult it is for pact of variation and com- Mr. Chairman, I will vote for the motion to small medical practices to afford the purchase monality in State health infor- recommit, which will protect medical privacy. It and upkeep of software and hardware needed mation laws and regulations. will ensure that patients can keep their med- for electronic medical records. The $5 million TITLE III—PROMOTING THE USE OF ical records out of electronic databases unless in grants to rural or underserved urban areas HEALTH INFORMATION TECHNOLOGY they first give their permission. It will require TO BETTER COORDINATE HEALTH is the first of many such grants Congress must CARE patient notification if their health information is facilitate. Sec. 301. Safe harbors to antikickback civil misused, lost, or stolen. It requires the use of While I am pleased the bill is moving for- penalties and criminal pen- encryption and other safeguards against theft. ward, I am disappointed that negotiations were alties for provision of health in- Importantly, it would permit patients to limit ac- not done in a more bipartisan manner. It is formation technology and cess to particularly sensitive information, such good to see that harmful and invasive policies training services. as mental health data. Finally it would protect on privacy issues were removed from the bill, Sec. 302. Exception to limitation on certain state privacy laws that may be more protective and I am hopeful that when the House and physician referrals (under of patient confidentiality. Stark) for provision of health Senate meet in conference, members will take information technology and I support the provisions of the bipartisan bill a hard look at strengthening further the bill’s training services to health care passed by the Senate, and I would hope that, privacy provisions. professionals. for the sake of improved patient care, for bet- Mr. Chairman, I plan on voting for this Sec. 303. Rules of construction regarding use ter access to health information technology, health IT bill and look forward to working with of consortia. for better privacy standards, that is the bill that the Senate on improving it. America’s doctors, TITLE IV—ADDITIONAL PROVISIONS emerges from conference. I urge my col- nurses, and patients deserve 21st century Sec. 401. Promotion of telehealth services. leagues to join me in opposition to H.R. 4157. technology in the health care system, and it is Sec. 402. Study and report on expansion of Mr. VAN HOLLEN. Mr. Chairman, I rise past time for Congress to be acting on this home health-related telehealth today in reluctant opposition to H.R. 4157, the services. issue. Sec. 403. Study and report on store and for- Information Technology Promotion Act of The CHAIRMAN. All time for general ward technology for telehealth. 2005. It is unfortunate that the House Repub- debate has expired. Sec. 404. Methodology for reporting uniform lican leadership refused to allow this Congress In lieu of the amendments rec- price data for inpatient and the opportunity to strengthen this bill and pro- ommended by the Committees on En- outpatient hospital services. tect the privacy of patients. ergy and Commerce and Ways and Sec. 405. Inclusion of uniform price data. Like many of my colleagues, I support mov- Sec. 406. Ensuring health care providers par- Means printed in the bill, the amend- ticipating in PHSA programs, ing our health care system into the ‘‘informa- ment in the nature of a substitute Medicaid, SCHIP, or the MCH tion age’’—it holds the promise of saving lives, printed in part A of House Report 109– program may maintain health saving money, and saving time. However, I 603, modified by the amendment print- information in electronic form. am concerned that H.R. 4157 does not ade- ed in part B of the report, is adopted. Sec. 407. Ensuring health care providers par- quately protect the privacy of patients. In light The bill, as amended, shall be consid- ticipating in the Medicare pro- of millions of electronic data records being ex- ered as the original bill for purpose of gram may maintain health information in electronic form. posed due to recent high-profile security further amendment under the 5-minute Sec. 408. Study and report on State, re- breaches, it is troubling that this legislation rule and shall be considered as read. gional, and community health does not adequately address this critical issue. The text of the bill, as amended, is as information exchanges. Unfortunately, the House Republican leader- follows: SEC. 2. PRESERVING PRIVACY AND SECURITY ship would not allow us the opportunity to vote LAWS. SECTION 1. SHORT TITLE AND TABLE OF CON- Nothing in this Act (or the amendments on an alternative bill that was based on the bi- TENTS. made by this Act) shall be construed to af- partisan Senate health information technology (a) SHORT TITLE.—This Act may be cited as legislation (S. 1418)—which unanimously fect the scope, substance, or applicability of the ‘‘Health Information Technology Pro- section 264(c) of the Health Insurance Port- passed that chamber. This alternative promotion Act of 2006’’. ability and Accountability Act of 1996 and posal included safeguards for Americans to (b) TABLE OF CONTENTS.—The table of con- any regulation issued pursuant to such sec- protect their personal medical records from tents of this Act is as follows: tion. identity thieves. Sec. 1. Short title and table of contents. TITLE I—COORDINATION FOR, PLANNING Mr. Chairman, health information technology Sec. 2. Preserving privacy and security laws. FOR, AND INTEROPERABILITY OF should not be a partisan issue. Congress TITLE I—COORDINATION FOR, PLANNING HEALTH INFORMATION TECHNOLOGY should not miss the opportunity to transition FOR, AND INTEROPERABILITY OF SEC. 101. OFFICE OF THE NATIONAL COORDI- our health care into the 21st century, but it HEALTH INFORMATION TECHNOLOGY NATOR FOR HEALTH INFORMATION must be done in a manner that will protect the Sec. 101. Office of the National Coordinator TECHNOLOGY. for Health Information Tech- (a) IN GENERAL.—Title II of the Public sensitive health information of millions of Health Service Act is amended by adding at Americans. I am hopeful that the final version nology. Sec. 102. Report on the American Health In- the end the following new part: of the legislation will be fashioned in a bipar- formation Community. ‘‘PART D—HEALTH INFORMATION tisan, bicameral fashion by the House-Senate Sec. 103. Interoperability planning process; TECHNOLOGY Conference. Federal information collection ‘‘SEC. 271. OFFICE OF THE NATIONAL COORDI- Mr. KIND. Mr. Chairman, I rise in apprecia- activities. NATOR FOR HEALTH INFORMATION tion that House Leadership has at last brought Sec. 104. Grants to integrated health sys- TECHNOLOGY. a health information technology bill to the tems to promote health infor- ‘‘(a) ESTABLISHMENT.—There is established Floor. As a cochair of the New Democrat Coa- mation technologies to improve within the Department of Health and Human coordination of care for the un- Services an Office of the National Coordi- lition, I have been a long-time supporter of nator for Health Information Technology health IT. I believe health IT, if done correctly, insured, underinsured, and medically underserved. that shall be headed by the National Coordi- will highlight the need for personal account- Sec. 105. Small physician practice dem- nator for Health Information Technology ability in health care, advance technological in- onstration grants. (referred to in this part as the ‘National Co- novation, promote fiscal responsibility and, ordinator’). The National Coordinator shall TITLE II—TRANSACTION STANDARDS, be appointed by and report directly to the most importantly, improve health and save CODES, AND INFORMATION lives. Additionally, great strides can be made Secretary. The National Coordinator shall be Sec. 201. Procedures to ensure timely updat- paid at a rate equal to the rate of basic pay in homeland security as well as tracking dis- ing of standards that enable for level IV of the Executive Schedule. ease and infection. electronic exchanges. ‘‘(b) GOALS OF NATIONWIDE INTEROPERABLE I am pleased that H.R. 4157 will codify in Sec. 202. Upgrading ASC X12 and NCPDP HEALTH INFORMATION TECHNOLOGY INFRA- law the Office of the National Coordinator for standards. STRUCTURE.—The National Coordinator shall

VerDate Aug 31 2005 02:03 Jul 28, 2006 Jkt 049060 PO 00000 Frm 00032 Fmt 4634 Sfmt 0634 E:\CR\FM\A27JY7.018 H27JYPT1 CCOLEMAN on PROD1PC71 with HOUSE July 27, 2006 CONGRESSIONAL RECORD — HOUSE H5989 perform the duties under subsection (c) in a of effort, to align the health information ar- Services may appoint the old National Coor- manner consistent with the development of a chitecture of each agency or department to- dinator as the new National Coordinator. nationwide interoperable health information ward a common approach, to ensure that (4) DEFINITIONS.—For purposes of this sub- technology infrastructure that— each agency or department conducts pro- section: ‘‘(1) improves health care quality, programs within the areas of its greatest exper- (A) NEW NATIONAL COORDINATOR.—The term motes data accuracy, reduces medical errors, tise and its mission in order to create a na- ‘‘new National Coordinator’’ means the Na- increases the efficiency of care, and advances tional interoperable health information sys- tional Coordinator for Health Information the delivery of appropriate, evidence-based tem capable of meeting national public Technology appointed under section 271(a) of health care services; health needs effectively and efficiently, and the Public Health Service Act, as added by ‘‘(2) promotes wellness, disease prevention, to assist Federal agencies and departments subsection (a). and management of chronic illnesses by in- in security programs, policies, and protec- (B) OLD NATIONAL COORDINATOR.—The term creasing the availability and transparency of tions to prevent unauthorized access to indi- ‘‘old National Coordinator’’ means the Na- information related to the health care needs vidually identifiable health information cre- tional Coordinator for Health Information of an individual for such individual; ated, maintained, or in the temporary pos- Technology appointed under Executive Order ‘‘(3) promotes the availability of appro- session of that agency or department. The 13335. priate and accurate information necessary to coordination authority provided to the Na- make medical decisions in a usable form at tional Coordinator under the previous sen- SEC. 102. REPORT ON THE AMERICAN HEALTH IN- the time and in the location that the med- tence shall supercede any such authority FORMATION COMMUNITY. ical service involved is provided; otherwise provided to any other official of Not later than one year after the date of ‘‘(4) produces greater value for health care the Department of Health and Human Serv- the enactment of this Act, the Secretary of expenditures by reducing health care costs ices. For the purposes of this paragraph, the Health and Human Services shall submit to that result from inefficiency, medical errors, term ‘unauthorized access’ means access Congress a report on the work conducted by inappropriate care, and incomplete or inac- that is not authorized by that agency or de- the American Health Information Commu- curate information; partment including unauthorized employee nity (in this section referred to as ‘‘AHIC’’), ‘‘(5) promotes a more effective market- access. as established by the Secretary. Such report place, greater competition, greater systems ‘‘(4) ADVISOR TO OMB.—The National Coor- shall include the following: analysis, increased consumer choice, en- dinator shall provide to the Director of the (1) A description of the accomplishments of hanced quality, and improved outcomes in Office of Management and Budget comments AHIC, with respect to the promotion of the health care services; and advice with respect to specific Federal development of national guidelines, the de- ‘‘(6) with respect to health information of health information technology programs. velopment of a nationwide health informa- consumers, advances the portability of such ‘‘(5) PROMOTER OF HEALTH INFORMATION tion network, and the increased adoption of information and the ability of such con- TECHNOLOGY IN MEDICALLY UNDERSERVED COM- health information technology. sumers to share and use such information to MUNITIES.—The National Coordinator shall— (2) Information on how model privacy and assist in the management of their health ‘‘(A) identify sources of funds that will be security policies may be used to protect con- care; made available to promote and support the fidentiality of health information, and an as- ‘‘(7) improves the coordination of informa- planning and adoption of health information sessment of how existing policies compare to tion and the provision of such services technology in medically underserved com- such model policies. through an effective infrastructure for the munities, including in urban and rural areas, (3) Information on the progress in— secure and authorized exchange and use of either through grants or technical assist- (A) establishing uniform industry-wide health care information; ance; health information technology standards; ‘‘(8) is consistent with legally applicable ‘‘(B) coordinate with the funding sources (B) achieving an internet-based nationwide requirements with respect to securing and to help such communities connect to identi- health information network; protecting the confidentiality of individually fied funding; and (C) achieving interoperable electronic identifiable health information of a patient; ‘‘(C) collaborate with the Agency for health record adoption across health care ‘‘(9) promotes the creation and mainte- Healthcare Research and Quality and the providers; and nance of transportable, secure, Internet- Health Services Resources Administration (D) creating technological innovations to based personal health records, including pro- and other Federal agencies to support tech- promote security and confidentiality of indi- moting the efforts of health care payers and nical assistance, knowledge dissemination, vidually identifiable health information. health plan administrators for a health plan, and resource development, to medically un- (4) Recommendations for the transition of such as Federal agencies, private health derserved communities seeking to plan for AHIC to a longer-term or permanent advi- plans, and third party administrators, to and adopt technology and establish elec- sory and facilitation entity, including— provide for such records on behalf of mem- tronic health information networks across (A) a schedule for such transition; bers of such a plan; providers.’’. (B) options for structuring the entity as ei- ‘‘(10) promotes access to and review of the (b) TREATMENT OF EXECUTIVE ORDER ther a public-private or private sector enti- electronic health record of a patient by such 13335.—Executive Order 13335 shall not have ty; patient; any force or effect after the date of the en- (C) the collaberative role of the Federal ‘‘(11) promotes health research and health actment of this Act. Government in the entity; care quality research and assessment; and (c) TRANSITION FROM ONCHIT UNDER EXEC- (D) steps for— ‘‘(12) promotes the efficient and stream- UTIVE ORDER.— (i) continued leadership in the facilitation lined development, submission, and mainte- (1) IN GENERAL.—All functions, personnel, of guidelines or standards; nance of electronic health care clinical trial assets, liabilities, administrative actions, (ii) the alignment of financial incentives; data. and statutory reporting requirements appli- and ‘‘(c) DUTIES OF THE NATIONAL COORDI- cable to the old National Coordinator or the (iii) the long-term plan for health care NATOR.— Office of the old National Coordinator on the transformation through information tech- ‘‘(1) STRATEGIC PLANNER FOR INTEROPER- date before the date of the enactment of this nology; and ABLE HEALTH INFORMATION TECHNOLOGY.—The Act shall be transferred, and applied in the National Coordinator shall provide for a same manner and under the same terms and (E) the elimination or revision of the func- strategic plan for the nationwide implemen- conditions, to the new National Coordinator tions of AHIC during the development of the tation of interoperable health information and the Office of the new National Coordi- nationwide health information network. technology in both the public and private nator as of the date of the enactment of this SEC. 103. INTEROPERABILITY PLANNING PROC- health care sectors consistent with sub- Act. ESS; FEDERAL INFORMATION COL- section (b). (2) RULE OF CONSTRUCTION.— Nothing in LECTION ACTIVITIES. ‘‘(2) PRINCIPAL ADVISOR TO THE SEC- this section or the amendment made by this Part D of title II of the Public Health Serv- RETARY.—The National Coordinator shall section shall be construed as requiring the ice Act, as added by section 101(a), is amend- serve as the principal advisor to the Sec- duplication of Federal efforts with respect to ed by adding at the end the following new retary on the development, application, and the establishment of the Office of the Na- section: use of health information technology, and tional Coordinator for Health Information shall coordinate the policies and programs of Technology, regardless of whether such ef- ‘‘SEC. 272. INTEROPERABILITY PLANNING PROC- the Department of Health and Human Serv- forts are carried out before or after the date ESS; FEDERAL INFORMATION COL- ices for promoting the use of health informa- of the enactment of this Act. LECTION ACTIVITIES. tion technology. (3) ACTING NATIONAL COORDINATOR.—Before ‘‘(a) STRATEGIC INTEROPERABILITY PLAN- ‘‘(3) INTRAGOVERNMENTAL COORDINATOR.— the appointment of the new National Coordi- NING PROCESS.— The National Coordinator shall ensure that nator, the old National Coordinator shall act ‘‘(1) ASSESSMENT AND ENDORSEMENT OF health information technology policies and as the National Coordinator for Health Infor- CORE STRATEGIC GUIDELINES.— programs of the Department of Health and mation Technology until the office is filled ‘‘(A) IN GENERAL.—Not later than Decem- Human Services are coordinated with those as provided in section 271(a) of the Public ber 31, 2006, the National Coordinator shall of relevant executive branch agencies and Health Service Act, as added by subsection publish a strategic plan, including a sched- departments with a goal to avoid duplication (a). The Secretary of Health and Human ule, for the assessment and the endorsement

VerDate Aug 31 2005 02:03 Jul 28, 2006 Jkt 049060 PO 00000 Frm 00033 Fmt 4634 Sfmt 0634 E:\CR\FM\A27JY7.014 H27JYPT1 CCOLEMAN on PROD1PC71 with HOUSE H5990 CONGRESSIONAL RECORD — HOUSE July 27, 2006 of core interoperability guidelines for sig- the status of such systems with respect to ‘‘SEC. 330M. GRANTS FOR IMPROVEMENT OF THE nificant use cases consistent with this sub- interoperability guidelines. COORDINATION OF CARE FOR THE section. The National Coordinator may up- UNINSURED, UNDERINSURED, AND ‘‘(b) FEDERAL HEALTH INFORMATION COL- MEDICALLY UNDERSERVED. date such plan from time to time. LECTION ACTIVITIES.— ‘‘(a) IN GENERAL.—The Secretary may ‘‘(B) ENDORSEMENT.— ‘‘(1) REQUIREMENTS.—With respect to a core make grants to integrated health care sys- ‘‘(i) IN GENERAL.—Consistent with the interoperability guideline endorsed under tems, in accordance with this section, for schedule under this paragraph and not later subsection (a)(1)(B) for a significant use case, projects to better coordinate the provision of than one year after the publication of such the President shall take measures to ensure health care through the adoption of new schedule, the National Coordinator shall en- that Federal activities involving the broad health information technology, or the sig- dorse a subset of core interoperability guide- collection and submission of health informa- nificant improvement of existing health in- lines for significant use cases. The National tion are consistent with such guideline with- formation technology, to improve the provi- Coordinator shall continue to endorse sub- sion of health care to uninsured, under- sets of core interoperability guidelines for in three years after the date of such endorsement. insured, and medically underserved individ- significant use cases annually consistent uals (including in urban and rural areas) with the schedule published pursuant to this ‘‘(2) PROMOTING USE OF NON-IDENTIFIABLE HEALTH INFORMATION TO IMPROVE HEALTH RE- through health-related information about paragraph, with endorsement of all such such individuals, throughout such a system guidelines completed not later than August SEARCH AND HEALTH CARE QUALITY.— ‘‘(A) IN GENERAL.—Where feasible, and con- and at the point of service. 31, 2009. ‘‘(b) ELIGIBILITY.— ‘‘(ii) CONSULTATION.—All such endorse- sistent with applicable privacy or security or other laws, the President, in consultation ‘‘(1) APPLICATION.—To be eligible to receive ments shall be in consultation with the a grant under this section, an integrated with the Secretary, shall take measures to American Health Information Community health care system shall prepare and submit allow timely access to useful categories of and other appropriate entities. to the Secretary an application, at such non-identifiable health information in ‘‘(iii) VOLUNTARY COMPLIANCE.—Compli- time, in such manner, and containing such records maintained by the Federal governance with such guidelines shall be voluntary, information as the Secretary may require, ment, or maintained by entities under con- subject to subsection (b)(1). including— ‘‘(C) CONSULTATION WITH OTHER PARTIES.— tract with the Federal government, to ad- ‘‘(A) a description of the project that the The National Coordinator shall develop and vance health care quality and health re- system will carry out using the funds pro- implement such strategic plan in consulta- search where such information is in a form vided under the grant; tion with the American Health Information that can be used in such research. The Presi- ‘‘(B) a description of the manner in which Community and other appropriate entities. dent shall consult with appropriate Federal the project funded under the grant will ad- ‘‘(D) DEFINITIONS.—For purposes of this agencies, and solicit public comment, on use- vance the goal specified in subsection (a); section: ful categories of information, and appro- and ‘‘(i) INTEROPERABILITY GUIDELINE.—The priate measures to take. The President may ‘‘(C) a description of the populations to be term ‘interoperability guideline’ means a consider the administrative burden and the served by the adoption or improvement of guideline to improve and promote the inter- potential for improvements in health care health information technology. operability of health information technology quality in determining such appropriate ‘‘(2) OPTIONAL REPORTING CONDITION.—The for purposes of electronically accessing and measures. In addition, the President, in con- Secretary may also condition the provision exchanging health information. Such term sultation with the Secretary, shall encour- of a grant to an integrated health care sys- includes named standards, architectures, age voluntary private and public sector ef- tem under this section for a project on the software schemes for identification, authen- forts to allow access to such useful cat- submission by such system to the Secretary tication, and security, and other information egories of non-identifiable health informa- of a report on the impact of the health infor- needed to ensure the reproducible develop- tion to advance health care quality and mation technology adopted (or improved) ment of common solutions across disparate health research. under such project on the delivery of health entities. ‘‘(B) NON-IDENTIFIABLE HEALTH INFORMA- care and the quality of care (in accordance ‘‘(ii) CORE INTEROPERABILITY GUIDELINE.— TION DEFINED.—For purposes of this para- with applicable measures of such quality). The term ‘core interoperability guideline’ graph, the term ‘non-identifiable health in- Such report shall be at such time and in such means an interoperability guideline that the formation’ means information that is not inform and manner as specified by the Sec- National Coordinator determines is essential dividually identifiable health information as retary. and necessary for purposes described in defined in rules promulgated pursuant to ‘‘(c) INTEGRATED HEALTH CARE SYSTEM DE- clause (i). section 264(c) of the Health Insurance Port- FINED.—For purposes of this section, the ‘‘(iii) SIGNIFICANT USE CASE.—The term ability and Accountability Act of 1996 (42 term ‘integrated health care system’ means ‘significant use case’ means a category (as U.S.C. 1320d-2 note), and includes informa- a system of health care providers that is or- specified by the National Coordinator) that tion that has been de-identified so that it is ganized to provide care in a coordinated identifies a significant use or purpose for the no longer individually identifiable health in- fashion and has a demonstrated commitment interoperability of health information tech- formation, as defined in such rules. to provide uninsured, underinsured, and nology, such as for the exchange of labora- ‘‘(3) ANNUAL REVIEW AND REPORT.—For each medically underserved individuals with ac- tory information, drug prescribing, clinical year during the five-year period following cess to such care. research, and electronic health records. the date of the enactment of this section, the ‘‘(d) PRIORITIES.—In making grants under ‘‘(2) NATIONAL SURVEY.— National Coordinator shall review the oper- this section, the Secretary shall give pri- ‘‘(A) IN GENERAL.—Not later than August ation of health information collection by and ority to an integrated health care system— 31, 2008, the National Coordinator shall con- submission to the Federal government and ‘‘(1) that can demonstrate past successful duct one or more surveys designed to meas- the purchases (and planned purchases) of community-wide efforts to improve the qual- ure the capability of entities (including Fed- health information technology by the Fed- ity of care provided and the coordination of eral agencies, State and local government eral government. For each such year and care for the uninsured, underinsured, and agencies, and private sector entities) to ex- based on the review for such year, the Na- medically underserved; or change electronic health information by ap- tional Coordinator shall submit to the Presi- ‘‘(2) if the project to be funded through propriate significant use case. Such surveys dent and Congress recommendations on such a grant— shall identify the extent to which the type of methods to— ‘‘(A) will improve the delivery of health health information, the use for such infor- ‘‘(A) streamline (and eliminate redundancy care and the quality of care provided; and mation, or any other appropriate character- in) Federal systems used for the collection ‘‘(B) will demonstrate savings for State or ization of such information may relate to and submission of health information; Federal health care benefits programs or en- the capability of such entities to exchange ‘‘(B) improve efficiency in such collection tities legally obligated under Federal law to health information in a manner that is con- and submission; provide health care from the reduction of du- sistent with methods to improve the inter- ‘‘(C) increase the ability to assess health plicative health care services, administra- operability of health information and with care quality; and tive costs, and medical errors. core interoperability guidelines. ‘‘(D) reduce health care costs.’’. ‘‘(e) LIMITATION, MATCHING REQUIREMENT, ‘‘(B) DISSEMINATION OF SURVEY RESULTS.— AND CONDITIONS.— The National Coordinator shall disseminate SEC. 104. GRANTS TO INTEGRATED HEALTH SYS- ‘‘(1) LIMITATION ON USE OF FUNDS.—None of the results of such surveys in a manner so as TEMS TO PROMOTE HEALTH INFOR- the funds provided under a grant made under to— MATION TECHNOLOGIES TO IM- this section may be used for a project pro- ‘‘(i) inform the public on the capabilities of PROVE COORDINATION OF CARE viding for the adoption or improvement of entities to exchange electronic health infor- FOR THE UNINSURED, UNDER- health information technology that is used INSURED, AND MEDICALLY UNDER- mation; SERVED. exclusively for financial record keeping, bill- ‘‘(ii) assist in establishing a more inter- ing, or other non-clinical applications. operable information architecture; and Subpart I of part D of title III of the Public ‘‘(2) MATCHING REQUIREMENT.—To be eligi- ‘‘(iii) identify the status of health informa- Health Service Act (42 U.S.C. 254b et seq.) is ble for a grant under this section an inte- tion systems used in Federal agencies and amended by adding at the end the following: grated health care system shall contribute

VerDate Aug 31 2005 02:03 Jul 28, 2006 Jkt 049060 PO 00000 Frm 00034 Fmt 4634 Sfmt 0634 E:\CR\FM\A27JY7.014 H27JYPT1 CCOLEMAN on PROD1PC71 with HOUSE July 27, 2006 CONGRESSIONAL RECORD — HOUSE H5991 non-Federal contributions to the costs of standards to meet evolving requirements in to the Secretary a request for publication in carrying out the project for which the grant health care. the Federal Register of a notice described in is awarded in an amount equal to $1 for each ‘‘(B) PUBLICATION OF NOTICES.—Under the subparagraph (B)(iii) for the proposed addi- $5 of Federal funds provided under the grant. upgrade program: tion or modification. ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(i) VOLUNTARY NOTICE OF INITIATION OF ‘‘(ii) PROCESS FOR RECEIPT AND CONSIDER- There are authorized to be appropriated to PROCESS.—Not later than 30 days after the ATION OF PUBLIC COMMENT.—The standard set- carry out this section $15,000,000 for each of date the Secretary receives a notice from a ting organization provides for a process fiscal years 2007 and 2008.’’. standard setting organization that the orga- through which, after the publication of the SEC. 105. SMALL PHYSICIAN PRACTICE DEM- nization is initiating a process to develop an notice referred to under clause (i), the orga- ONSTRATION GRANTS. addition or modification to a standard adopt- nization— Part D of title II of the Public Health Serv- ed under section 1173(a), the Secretary shall ‘‘(I) receives and responds to public com- ice Act, as added by section 101(a) and publish a notice in the Federal Register ments submitted on a timely basis on the amended by section 103, is amended by add- that— proposed addition or modification before ing at the end the following new section: ‘‘(I) identifies the subject matter of the ad- submitting such proposed addition or modi- ‘‘SEC. 273. SMALL PHYSICIAN PRACTICE DEM- dition or modification; fication to the National Committee on Vital ONSTRATION GRANTS. ‘‘(II) provides a description of how persons and Health Statistics under clause (iii); ‘‘(a) IN GENERAL.—The Secretary shall es- may participate in the development process; ‘‘(II) makes publicly available a written tablish a demonstration program under and explanation for its response in the proposed ‘‘(III) invites public participation in such which the Secretary makes grants to small addition or modification to comments sub- process. physician practices (including such practices mitted on a timely basis; and ‘‘(ii) VOLUNTARY NOTICE OF PRELIMINARY that furnish services to individuals with ‘‘(III) makes public comments received DRAFT OF ADDITIONS OR MODIFICATIONS TO chronic illnesses) that are located in rural under clause (I) available, or provides access STANDARDS.—Not later than 30 days after the areas or medically underserved urban areas to such comments, to the Secretary. date of the date the Secretary receives a no- for the purchase and support of health infor- ‘‘(iii) SUBMITTAL OF FINAL PROPOSED ADDI- tice from a standard setting organization mation technology. TION OR MODIFICATION TO NCVHS.—After com- that the organization has prepared a prelimi- ‘‘(b) ELIGIBILITY.—To be eligible to receive pletion of the process under clause (ii), the a grant under this section, an applicant shall nary draft of an addition or modification to a standard adopted by section 1173(a), the standard setting organization submits the prepare and submit to the Secretary an ap- proposed addition or modification to the Na- plication, at such time, in such manner, and Secretary shall publish a notice in the Fed- eral Register that— tional Committee on Vital and Health Sta- containing such information, as the Sec- tistics for review and consideration under retary may require. ‘‘(I) identifies the subject matter of (and summarizes) the addition or modification; subparagraph (E). Such submission shall in- ‘‘(c) REPORTING.— ‘‘(II) specifies the procedure for obtaining clude information on the organization’s com- ‘‘(1) REQUIRED REPORTS BY SMALL PHYSICIAN the draft; pliance with the notice and comment re- PRACTICES.—A small physician practice requirements (and responses to those com- ceiving a grant under subsection (a) shall ‘‘(III) provides a description of how persons may submit comments in writing and at any ments) under clause (ii). submit to the Secretary an evaluation on the ‘‘(E) HEARING AND RECOMMENDATIONS BY NA- health information technology funded by public hearing or meeting held by the organization on the addition or modification; and TIONAL COMMITTEE ON VITAL AND HEALTH STA- such grant. Such evaluation shall include in- ‘‘(IV) invites submission of such comments TISTICS.—Under the upgrade program, upon formation on— and participation in such hearing or meeting receipt of a proposal submitted by a standard ‘‘(A) barriers to the adoption of health in- without requiring the public to pay a fee to setting organization under subparagraph formation technology by the small physician participate. (D)(iii) for the adoption of an addition or practice; ‘‘(iii) NOTICE OF PROPOSED ADDITION OR modification to a standard, the National ‘‘(B) issues for such practice in the use of MODIFICATION TO STANDARDS.—Not later than Committee on Vital and Health Statistics health information technology; 30 days after the date of the date the Sec- shall provide notice to the public and a rea- ‘‘(C) the effect health information tech- retary receives a notice from a standard set- sonable opportunity for public testimony at nology will have on the quality of health ting organization that the organization has a a hearing on such addition or modification. care furnished by such practice; and proposed addition or modification to a stand- The Secretary may participate in such hear- ‘‘(D) the effect of any medical liability ard adopted under section 1173(a) that the oring in such capacity (including presiding ex rules on such practice. ganization intends to submit under subpara- officio) as the Secretary shall determine ap- ‘‘(2) REPORT TO CONGRESS.—Not later than graph (D)(iii), the Secretary shall publish a propriate. Not later than 120 days after the January 1, 2009, the Secretary shall submit notice in the Federal Register that contains, date of receipt of the proposal, the Com- to Congress a report on the results of the with respect to the proposed addition or mittee shall submit to the Secretary its rec- demonstration program under this section. modification, the information required in ommendation to adopt (or not adopt) the ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— the notice under clause (ii) with respect to proposed addition or modification. There are authorized to be appropriated to the addition or modification. ‘‘(F) DETERMINATION BY SECRETARY TO AC- carry out this section $5,000,000 for each of ‘‘(iv) CONSTRUCTION.—Nothing in this para- CEPT OR REJECT NATIONAL COMMITTEE ON fiscal years 2007 and 2008.’’. graph shall be construed as requiring a VITAL AND HEALTH STATISTICS RECOMMENDA- TITLE II—TRANSACTION STANDARDS, standard setting organization to request the TION.— CODES, AND INFORMATION notices described in clauses (i) and (ii) with ‘‘(i) TIMELY DETERMINATION.—Under the up- SEC. 201. PROCEDURES TO ENSURE TIMELY UP- respect to an addition or modification to a grade program, if the National Committee on DATING OF STANDARDS THAT EN- standard in order to qualify for an expedited Vital and Health Statistics submits to the ABLE ELECTRONIC EXCHANGES. determination under subparagraph (C) with Secretary a recommendation under subpara- Section 1174(b) of the Social Security Act respect to a proposal submitted to the Sec- graph (E) to adopt a proposed addition or (42 U.S.C. 1320d–3(b)) is amended— retary for adoption of such addition or modi- modification, not later than 90 days after the (1) in paragraph (1)— fication. date of receipt of such recommendation the (A) in the first sentence, by inserting ‘‘and ‘‘(C) PROVISION OF EXPEDITED DETERMINA- Secretary shall make a determination to ac- in accordance with paragraph (3)’’ before the TION.—Under the upgrade program and with cept or reject the recommendation and shall period; and respect to a proposal by a standard setting publish notice of such determination in the (B) by adding at the end the following new organization for an addition or modification Federal Register not later than 30 days after sentence: ‘‘For purposes of this subsection to a standard adopted under section 1173(a), the date of the determination. and section 1173(c)(2), the term ‘modifica- if the Secretary determines that the stand- ‘‘(ii) CONTENTS OF NOTICE.—If the deter- tion’ includes a new version or a version up- ard setting organization developed such addi- mination is to reject the recommendation, grade.’’; and tion or modification in accordance with the such notice shall include the reasons for the (2) by adding at the end the following new requirements of subparagraph (D) and the rejection. If the determination is to accept paragraph: National Committee on Vital and Health the recommendation, as part of such notice ‘‘(3) EXPEDITED PROCEDURES FOR ADOPTION Statistics recommends approval of such ad- the Secretary shall promulgate the modified OF ADDITIONS AND MODIFICATIONS TO STAND- dition or modification under subparagraph standard (including the accepted proposed ARDS.— (E), the Secretary shall provide for expedited addition or modification accepted) as a final ‘‘(A) IN GENERAL.—For purposes of para- treatment of such proposal in accordance rule under this subsection without any fur- graph (1), the Secretary shall provide for an with subparagraph (F). ther notice or public comment period. expedited upgrade program (in this para- ‘‘(D) REQUIREMENTS.—The requirements ‘‘(iii) LIMITATION ON CONSIDERATION.—The graph referred to as the ‘upgrade program’), under this subparagraph with respect to a Secretary shall not consider a proposal in accordance with this paragraph, to de- proposed addition or modification to a stand- under this subparagraph unless the Sec- velop and approve additions and modifica- ard by a standard setting organization are retary determines that the requirements of tions to the standards adopted under section the following: subparagraph (D) (including publication of 1173(a) to improve the quality of such stand- ‘‘(i) REQUEST FOR PUBLICATION OF NOTICE.— notice and opportunity for public comment) ards or to extend the functionality of such The standard setting organization submits have been met with respect to the proposal.

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‘‘(G) EXEMPTION FROM PAPERWORK REDUC- (b) CODING AND DOCUMENTATION OF NON- and current Federal security and confiden- TION ACT.—Chapter 35 of title 44, United MEDICAL INFORMATION.—In any regulation or tiality standards to better protect, strength- States Code, shall not apply to a final rule other action implementing the International en, or otherwise improve the secure, con- promulgated under subparagraph (F). Classification of Diseases, 10th revision, fidential, and timely exchange of health in- ‘‘(H) TREATMENT AS SATISFYING REQUIRE- Clinical Modification (ICD–10-CM), the Inter- formation among States, the Federal govern- MENTS FOR NOTICE-AND-COMMENT.—Any re- national Classification of Diseases, 10th revi- ment, and public and private entities. quirements under section 553 of title 5, sion, Procedure Coding System (ICD–10- ‘‘(2) RECOMMENDATIONS FOR GREATER COM- United States Code, relating to notice and an PCS), or other version of the International MONALITY.—Insofar as the Secretary deter- opportunity for public comment with respect Classification of Diseases, 10th revision, the mines under paragraph (1) that there is a to a final rule promulgated under subpara- Secretary of Health and Human Services need for greater commonality of such re- graph (F) shall be treated as having been met shall ensure that no health care provider is quirements, recommendations on the extent by meeting the requirements of the notice required to code to a level of specificity that to which (and how) the current Federal secu- and opportunity for public comment pro- would require documentation of non-medical rity and confidentiality standards should be vided under provisions of subparagraphs information on the external cause of any changed in order to provide the commonality (B)(iii), (D), and (E). given type of injury. needed to better protect, strengthen, or oth- ‘‘(I) NO JUDICIAL REVIEW.—A final rule pro- SEC. 204. STRATEGIC PLAN FOR COORDINATING erwise improve the secure, confidential, and mulgated under subparagraph (F) shall not IMPLEMENTATION OF TRANSACTION timely exchange of health information. be subject to judicial review.’’. STANDARDS AND ICD CODES. ‘‘(3) SPECIFIC RECOMMENDATION ON LEGISLA- SEC. 202. UPGRADING ASC X12 AND NCPDP Not later than the date that is 180 days TIVE CHANGES FOR GREATER COMMONALITY.—A STANDARDS. after the date of the enactment of this Act, specific recommendation on the extent to (a) IN GENERAL.—The Secretary of Health the Secretary of Health and Human Services, which and how such standards should super- and Human Services shall provide by notice in consultation with relevant public and pri- sede State laws, in order to provide the com- published in the Federal Register for the fol- vate entities, shall develop a strategic plan monality needed to better protect or lowing replacements of standards to apply to with respect to the need for coordination in strengthen the security and confidentiality transactions occurring on or after April 1, the implementation of— of health information in the timely exchange 2009: (1) transaction standards under section of such information and legislative language (1) ACCREDITED STANDARDS COMMITTEE X12 1173(a) of the Social Security Act, including in the form of a bill to effectuate such spe- (ASC X12) STANDARD.—The replacement of the modifications to such standards under sec- cific recommendation. Accredited Standards Committee X12 (ASC tion 1174(b)(3) of such Act, as added by sec- X12) version 4010 adopted under section tion 201; and ‘‘(c) CONGRESSIONAL CONSIDERATION OF LEG- 1173(a) of such Act (42 U.S.C. 1320d-2(a)) with (2) any updated versions of the Inter- ISLATION PROVIDING FOR GREATER COM- the ASC X12 version 5010, as reviewed by the national Classification of Diseases (ICD), in- MONALITY.— National Committee on Vital Health Statis- cluding the replacement of ICD–9 provided ‘‘(1) RULES OF HOUSE OF REPRESENTATIVES tics. for under section 203(a). AND SENATE.—This subsection is enacted by (2) NATIONAL COUNCIL FOR PRESCRIPTION SEC. 205. STUDY AND REPORT TO DETERMINE IM- the Congress— DRUG PROGRAMS (NCPDP) TELECOMMUNICATIONS PACT OF VARIATION AND COM- ‘‘(A) as an exercise of the rulemaking STANDARDS.—The replacement of the Na- MONALITY IN STATE HEALTH INFOR- power of the House of Representatives and tional Council for Prescription Drug Pro- MATION LAWS AND REGULATIONS. the Senate, respectively, and as such they grams (NCPDP) Telecommunications Stand- Part C of title XI of the Social Security are deemed a part of the rules of each House, ards version 5.1 adopted under section 1173(a) Act is amended by adding at the end the fol- respectively, but applicable only with re- of such Act (42 U.S.C. 1320d–2(a)) with which- lowing new section: spect to the procedure to be followed in that ever is the latest version of the NCPDP Tele- ‘‘STUDY AND REPORT TO DETERMINE IMPACT OF House in the case of a greater commonality communications Standards that has been ap- VARIATION AND COMMONALITY IN STATE bill defined in paragraph (4), and they super- proved by such Council and reviewed by the HEALTH INFORMATION LAWS AND REGULA- sede other rules only to the extent that they National Committee on Vital Health Statis- TIONS are inconsistent therewith; and tics as of April 1, 2007. ‘‘SEC. 1180. (a) STUDY.—For purposes of pro- ‘‘(B) with full recognition of the constitu- (b) NO JUDICIAL REVIEW.—The implementa- moting the development of a nationwide tional right of either House to change the tion of subsection (a), including the deter- interoperable health information technology rules (so far as relating to the procedure of mination of the latest version under sub- infrastructure consistent with section 271(b) that House) at any time, in the same manner section (a)(2), shall not be subject to judicial of the Public Health Service Act, the Sec- and to the same extent as in the case of any review. retary shall conduct a study of the impact of other rule of that House. NTRODUCTION SEC. 203. UPGRADING ICD CODES; CODING AND variation in State security and confiden- ‘‘(2) I .—On the date on which DOCUMENTATION OF NON-MEDICAL tiality laws and current Federal security and the final report is submitted under sub- INFORMATION. confidentiality standards on the timely ex- section (b)(3)— (a) UPGRADING ICD CODES.— changes of health information in order to en- ‘‘(A) a greater commonality bill shall be (1) IN GENERAL.—The Secretary of Health sure the availability of health information introduced (by request) in the House by the and Human Services shall provide by notice necessary to make medical decisions at the majority leader of the House, for himself and published in the Federal Register for the re- location in which the medical care involved the minority leader of the House, or by Mem- placement of the International Classification is provided. Such study shall examine— bers of the House designated by the majority of Diseases, 9th revision, Clinical Modifica- ‘‘(1)(A) the degree of variation and com- leader and minority leader of the House; and tion (ICD–9-CM) under the regulation pro- monality among the requirements of such ‘‘(B) a greater commonality bill shall be mulgated under section 1173(c) of the Social laws for States; and introduced (by request) in the Senate by the Security Act (42 U.S.C. 1320d–2(c)), including ‘‘(B) the degree of variation and com- majority leader of the Senate, for himself for purposes of part A of title XVIII of such monality between the requirements of such and the minority leader of the Senate, or by Act, with both of the following: laws and the current Federal standards; Members of the Senate designated by the (A) The International Classification of Dis- ‘‘(2) insofar as there is variation among majority leader and minority leader of the eases, 10th revision, Clinical Modification and between such requirements, the Senate. (ICD–10-CM). strengths and weaknesses of such require- If either House is not in session on the day (B) The International Classification of Dis- ments; and on which such a report is submitted, the eases, 10th revision, Procedure Coding Sys- ‘‘(3) the extent to which such variation greater commonality bill shall be introduced tem (ICD–10-PCS). may adversely impact the secure, confiden- in that House, as provided in the preceding (2) APPLICATION.—The replacement made tial, and timely exchange of health informa- sentence, on the first day thereafter on by paragraph (1) shall apply, for purposes of tion among States, the Federal government, which the House is in session. section 1175(b)(2) of the Social Security Act and public and private entities, or may oth- ‘‘(3) REFERRAL.—A greater commonality (42 U.S.C. 1320d–4(b)(2)), to services furnished erwise impact the reliability of such infor- bill shall be referred by the Presiding Offi- on or after October 1, 2010. mation. cers of the respective House to the appro- (3) RULES OF CONSTRUCTION.—Nothing in ‘‘(b) REPORT.—Not later than 18 months priate committee (or committees) of such paragraph (1) shall be construed— after the date of the enactment of this sec- House, in accordance with the rules of that (A) as affecting the application of classi- tion, the Secretary shall submit to Congress House. fication methodologies or codes, such as CPT a report on the study under subsection (a) ‘‘(4) GREATER COMMONALITY BILL DEFINED.— or HCPCS codes, other than under the Inter- and shall include in such report the fol- For purposes of this section, the term ‘great- national Classification of Diseases (ICD); or lowing: er commonality bill’ means a bill— (B) as superseding the authority of the ‘‘(1) ANALYSIS OF NEED FOR GREATER COM- ‘‘(A) the title of which is the following: ‘A Secretary of Health and Human Services to MONALITY.—A determination by the Sec- Bill to provide the commonality needed to maintain and modify the coding set for ICD– retary on the extent to which there is a need better protect, strengthen, or otherwise im- 10-CM and ICD–10-PCS, including under the for greater commonality of the requirements prove the secure, confidential, and timely amendments made by section 201. of State security and confidentiality laws exchange of health information’; and

VerDate Aug 31 2005 02:03 Jul 28, 2006 Jkt 049060 PO 00000 Frm 00036 Fmt 4634 Sfmt 0634 E:\CR\FM\A27JY7.014 H27JYPT1 CCOLEMAN on PROD1PC71 with HOUSE July 27, 2006 CONGRESSIONAL RECORD — HOUSE H5993 ‘‘(B) the text of which, as introduced, con- ‘‘(i) the provision of such remuneration is (A) the safe harbor under section sists of the text of the bill included in the re- without an agreement between the parties or 1128A(b)(4) of such Act (42 U.S.C. 1320a– port submitted under subsection (b)(3). legal condition that— 7a(b)(4)), as added by subsection (a)(1); and ‘‘(d) DEFINITIONS.—For purposes of this sec- ‘‘(I) limits or restricts the use of the health (B) the safe harbor under section tion: information technology to services provided 1128B(b)(3)(J) of such Act (42 U.S.C. 1320a– ‘‘(1) CURRENT FEDERAL SECURITY AND CON- by the physician to individuals receiving 7b(b)(3)(J)), as added by subsection (b). FIDENTIALITY STANDARDS.—The term ‘current services at the specified entity; SEC. 302. EXCEPTION TO LIMITATION ON CER- Federal security and confidentiality stand- ‘‘(II) limits or restricts the use of the TAIN PHYSICIAN REFERRALS ards’ means the Federal privacy standards health information technology in conjunc- (UNDER STARK) FOR PROVISION OF established pursuant to section 264(c) of the tion with other health information tech- HEALTH INFORMATION TECH- Health Insurance Portability and Account- nology; or NOLOGY AND TRAINING SERVICES TO HEALTH CARE PROFESSIONALS. ability Act of 1996 (42 U.S.C. 1320d–2 note) ‘‘(III) conditions the provision of such remuneration on the referral of patients or (a) IN GENERAL.—Section 1877(b) of the So- and security standards established under sec- cial Security Act (42 U.S.C. 1395nn(b)) is business to the specified entity; tion 1173(d) of the Social Security Act. amended by adding at the end the following ‘‘(ii) such remuneration is arranged for in ‘‘(2) STATE.—The term ‘State’ has the new paragraph: a written agreement that is signed by the meaning given such term when used in title ‘‘(6) INFORMATION TECHNOLOGY AND TRAIN- parties involved (or their representatives) XI of the Social Security Act, as provided ING SERVICES.— and that specifies the remuneration solicited under section 1101(a) of such Act (42 U.S.C. ‘‘(A) IN GENERAL.—Any nonmonetary remu- or received (or offered or paid) and states 1301(a)). neration (in the form of health information that the provision of such remuneration is ‘‘(3) STATE SECURITY AND CONFIDENTIALITY technology or related installation, mainte- made for the primary purpose of better co- LAWS.—The term ‘State security and con- nance, support or training services) made by ordination of care or improvement of health fidentiality laws’ means State laws and regu- a specified entity to a physician if— quality, efficiency, or research; and lations relating to the privacy and confiden- ‘‘(i) the provision of such remuneration is ‘‘(iii) the specified entity providing the re- tiality of health information or to the secu- without an agreement between the parties or muneration (or a representative of such enti- rity of such information.’’. legal condition that— ty) has not taken any action to disable any TITLE III—PROMOTING THE USE OF ‘‘(I) limits or restricts the use of the health basic feature of any hardware or software HEALTH INFORMATION TECHNOLOGY information technology to services provided component of such remuneration that would TO BETTER COORDINATE HEALTH CARE by the physician to individuals receiving permit interoperability.’’; and services at the specified entity; SEC. 301. SAFE HARBORS TO ANTIKICKBACK (2) by adding at the end the following new ‘‘(II) limits or restricts the use of the CIVIL PENALTIES AND CRIMINAL subsection: PENALTIES FOR PROVISION OF health information technology in conjunc- ‘‘(g) SPECIFIED ENTITY DEFINED.—For pur- HEALTH INFORMATION TECH- tion with other health information tech- NOLOGY AND TRAINING SERVICES. poses of subsection (b)(3)(J), the term ‘specified entity’ means an entity that is a hos- nology; or (a) FOR CIVIL PENALTIES.—Section 1128A of pital, group practice, prescription drug plan ‘‘(III) conditions the provision of such re- the Social Security Act (42 U.S.C. 1320a–7a) sponsor, a Medicare Advantage organization, muneration on the referral of patients or is amended— or any other such entity specified by the business to the specified entity; (1) in subsection (b), by adding at the end Secretary, considering the goals and objec- ‘‘(ii) such remuneration is arranged for in the following new paragraph: tives of this section, as well as the goals to a written agreement that is signed by the ‘‘(4) For purposes of this subsection, in- better coordinate the delivery of health care parties involved (or their representatives) ducements to reduce or limit services de- and to promote the adoption and use of and that specifies the remuneration made scribed in paragraph (1) shall not include the health information technology.’’. and states that the provision of such remu- practical or other advantages resulting from (c) EFFECTIVE DATE AND EFFECT ON STATE neration is made for the primary purpose of health information technology or related in- LAWS.— better coordination of care or improvement stallation, maintenance, support, or training (1) EFFECTIVE DATE.—The amendments of health quality, efficiency, or research; and services.’’; and made by subsections (a) and (b) shall take ef- ‘‘(iii) the specified entity (or a representa- (2) in subsection (i), by adding at the end fect on the date that is 120 days after the tive of such entity) has not taken any action the following new paragraph: date of the enactment of this Act. to disable any basic feature of any hardware ‘‘(8) The term ‘health information tech- (2) PREEMPTION OF STATE LAWS.—No State or software component of such remuneration nology’ means hardware, software, license, (as defined in section 1101(a) of the Social Se- that would permit interoperability. right, intellectual property, equipment, or curity Act (42 U.S.C. 1301(a)) for purposes of ‘‘(B) HEALTH INFORMATION TECHNOLOGY DE- other information technology (including new title XI of such Act) shall have in effect a FINED.—For purposes of this paragraph, the versions, upgrades, and connectivity) de- State law that imposes a criminal or civil term ‘health information technology’ means signed or provided primarily for the elec- penalty for a transaction described in sec- hardware, software, license, right, intellec- tronic creation, maintenance, or exchange of tion 1128A(b)(4) or section 1128B(b)(3)(J) of tual property, equipment, or other informa- health information to better coordinate care such Act, as added by subsections (a)(1) and tion technology (including new versions, up- or improve health care quality, efficiency, or (b), respectively, if the conditions described grades, and connectivity) designed or pro- research.’’. in the respective provision, with respect to vided primarily for the electronic creation, (b) FOR CRIMINAL PENALTIES.—Section such transaction, are met. maintenance, or exchange of health informa- 1128B of such Act (42 U.S.C. 1320a–7b) is (d) STUDY AND REPORT TO ASSESS EFFECT tion to better coordinate care or improve amended— OF SAFE HARBORS ON HEALTH SYSTEM.— health care quality, efficiency, or research. (1) in subsection (b)(3)— (1) IN GENERAL.—The Secretary of Health ‘‘(C) SPECIFIED ENTITY DEFINED.—For pur- (A) in subparagraph (G), by striking ‘‘and’’ and Human Services shall conduct a study to poses of this paragraph, the term ‘specified at the end; determine the impact of each of the safe har- entity’ means an entity that is a hospital, (B) in the subparagraph (H) added by sec- bors described in paragraph (3). In particular, group practice, prescription drug plan spon- tion 237(d) of the Medicare Prescription the study shall examine the following: sor, a Medicare Advantage organization, or Drug, Improvement, and Modernization Act (A) The effectiveness of each safe harbor in any other such entity specified by the Sec- of 2003 (Public Law 108–173; 117 Stat. 2213)— increasing the adoption of health informa- retary, considering the goals and objectives (i) by moving such subparagraph 2 ems to tion technology. of this section, as well as the goals to better the left; and (B) The types of health information tech- coordinate the delivery of health care and to (ii) by striking the period at the end and nology provided under each safe harbor. promote the adoption and use of health in- inserting a semicolon; (C) The extent to which the financial or formation technology.’’. (C) in the subparagraph (H) added by sec- other business relationships between pro- (b) EFFECTIVE DATE; EFFECT ON STATE tion 431(a) of such Act (117 Stat. 2287)— viders under each safe harbor have changed LAWS.— (i) by redesignating such subparagraph as as a result of the safe harbor in a way that (1) EFFECTIVE DATE.—The amendment subparagraph (I); adversely affects or benefits the health care made by subsection (a) shall take effect on (ii) by moving such subparagraph 2 ems to system or choices available to consumers. the date that is 120 days after the date of the the left; and (D) The impact of the adoption of health enactment of this Act. (iii) by striking the period at the end and information technology on health care qual- (2) PREEMPTION OF STATE LAWS.—No State inserting ‘‘; and’’; and ity, cost, and access under each safe harbor. (as defined in section 1101(a) of the Social Se- (D) by adding at the end the following new (2) REPORT.—Not later than three years curity Act (42 U.S.C. 1301(a)) for purposes of subparagraph: after the effective date described in sub- title XI of such Act) shall have in effect a ‘‘(J) any nonmonetary remuneration (in section (c)(1), the Secretary of Health and State law that imposes a criminal or civil the form of health information technology, Human Services shall submit to Congress a penalty for a transaction described in sec- as defined in section 1128A(i)(8), or related report on the study under paragraph (1). tion 1877(b)(6) of such Act, as added by sub- installation, maintenance, support or train- (3) SAFE HARBORS DESCRIBED.—For purposes section (a), if the conditions described in ing services) made to a person by a specified of paragraphs (1) and (2), the safe harbors de- such section, with respect to such trans- entity (as defined in subsection (g)) if— scribed in this paragraph are— action, are met.

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(c) STUDY AND REPORT TO ASSESS EFFECT ing given that term for purposes of title tion action as the Secretary determines ap- OF EXCEPTION ON HEALTH SYSTEM.— XVIII of the Social Security Act. propriate. (1) IN GENERAL.—The Secretary of Health SEC. 402. STUDY AND REPORT ON EXPANSION OF SEC. 404. ENSURING HEALTH CARE PROVIDERS and Human Services shall conduct a study to HOME HEALTH-RELATED TELE- PARTICIPATING IN PHSA PRO- determine the impact of the exception under HEALTH SERVICES. GRAMS, MEDICAID, SCHIP, OR THE section 1877(b)(6) of such Act (42 U.S.C. (a) STUDY.—The Secretary of Health and MCH PROGRAM MAY MAINTAIN 1395nn(b)(6)), as added by subsection (a). In Human Services shall conduct a study to de- HEALTH INFORMATION IN ELEC- termine the feasibility, advisability, and the TRONIC FORM. particular, the study shall examine the fol- Part D of title II of the Public Health Serv- lowing: costs of— (1) including coverage and payment for ice Act, as added by section 101(a) and (A) The effectiveness of the exception in amended by sections 103 and 105, is further home health-related telehealth services as increasing the adoption of health informa- amended by adding at the end the following part of home health services under title tion technology. new section: (B) The types of health information tech- XVIII of the Social Security Act; and (2) expanding the list of sites described in ‘‘SEC. 274. ENSURING HEALTH CARE PROVIDERS nology provided under the exception. MAY MAINTAIN HEALTH INFORMA- (C) The extent to which the financial or paragraph (4)(C)(ii) of section 1834(m) of the TION IN ELECTRONIC FORM. other business relationships between pro- Social Security Act (42 U.S.C. 1395m(m)) to ‘‘(a) IN GENERAL.—Any health care providers under the exception have changed as a include county mental health clinics or vider that participates in a health care pro- result of the exception in a way that ad- other publicly funded mental health facili- gram that receives Federal funds under this versely affects or benefits the health care ties for the purpose of payment under such Act, or under title V, XIX, or XXI of the So- system or choices available to consumers. section for the provision of telehealth serv- cial Security Act, shall be deemed as meet- (D) The impact of the adoption of health ices at such clinics or facilities. ing any requirement for the maintenance of information technology on health care qual- (b) SPECIFICS OF STUDY.—Such study shall data in paper form under such program ity, cost, and access under the exception. demonstrate whether the changes described (whether or not for purposes of management, (2) REPORT.—Not later than three years in paragraphs (1) and (2) of subsection (a) billing, reporting, reimbursement, or other- after the effective date described in sub- will result in the following: wise) if the required data is maintained in an section (b)(1), the Secretary of Health and (1) Enhanced health outcomes for individ- electronic form. Human Services shall submit to Congress a uals with one or more chronic conditions. ‘‘(b) RELATION TO STATE LAWS.—Beginning report on the study under paragraph (1). (2) Health outcomes for individuals fur- on the date that is one year after the date of nished telehealth services or home health-re- the enactment of this section, subsection (a) SEC. 303. RULES OF CONSTRUCTION REGARDING USE OF CONSORTIA. lated telehealth services that are at least shall supersede any contrary provision of State law. (a) APPLICATION TO SAFE HARBOR FROM comparable to the health outcomes for indi- ‘‘(c) CONSTRUCTION.—Nothing in this sec- CRIMINAL PENALTIES.—Section 1128B(b)(3) of viduals furnished similar items and services tion shall be construed as— the Social Security Act (42 U.S.C. 1320a– by a health care provider at the same loca- ‘‘(1) requiring health care providers to 7b(b)(3)) is amended by adding after and tion of the individual or at the home of the maintain or submit data in electronic form; below subparagraph (J), as added by section individual, respectively. ‘‘(2) preventing a State from permitting 301(b)(1), the following: ‘‘For purposes of sub- (3) Facilitation of communication of more health care providers to maintain or submit paragraph (J), nothing in such subparagraph accurate clinical information between health data in paper form; or shall be construed as preventing a specified care providers. ‘‘(3) preventing a State from requiring entity, consistent with the specific require- (4) Closer monitoring of individuals by health care providers to maintain or submit ments of such subparagraph, from forming a health care providers. data in electronic form.’’. consortium composed of health care pro- (5) Overall reduction in expenditures for viders, payers, employers, and other inter- health care items and services. SEC. 405. ENSURING HEALTH CARE PROVIDERS PARTICIPATING IN THE MEDICARE ested entities to collectively purchase and (6) Improved access to health care. (c) HOME HEALTH-RELATED TELEHEALTH PROGRAM MAY MAINTAIN HEALTH donate health information technology, or INFORMATION IN ELECTRONIC SERVICES DEFINED.—For purposes of this sec- from offering health care providers a choice FORM. tion, the term ‘‘home health-related tele- of health information technology products in Section 1871 of the Social Security Act (42 health services’’ means technology-based order to take into account the varying needs U.S.C. 1395hh) is amended by adding at the of such providers receiving such products.’’. professional consultations, patient moni- end the following new subsection: toring, patient training services, clinical ob- (b) APPLICATION TO STARK EXCEPTION.— ‘‘(g)(1) Any provider of services or supplier Paragraph (6) of section 1877(b) of the Social servation, patient assessment, and any other shall be deemed as meeting any requirement Security Act (42 U.S.C. 1395nn(b)), as added health services that utilize telecommuni- for the maintenance of data in paper form by section 302(a), is amended by adding at cations technologies. Such term does not in- under this title (whether or not for purposes the end the following new subparagraph: clude a telecommunication that consists of management, billing, reporting, reim- solely of a telephone audio conversation, fac- ‘‘(D) RULE OF CONSTRUCTION.—For purposes bursement, or otherwise) if the required data of subparagraph (A), nothing in such sub- simile, electronic text mail, or consultation is maintained in an electronic form. paragraph shall be construed as preventing a between two health care providers. ‘‘(2) Nothing in this subsection shall be (d) REPORT.—Not later than 18 months specified entity, consistent with the specific construed as requiring health care providers after the date of the enactment of this Act, requirements of such subparagraph, from— to maintain or submit data in electronic the Secretary of Health and Human Services ‘‘(i) forming a consortium composed of form.’’. shall submit to Congress a report on the health care providers, payers, employers, and SEC. 406. STUDY AND REPORT ON STATE, RE- study conducted under subsection (a) and other interested entities to collectively pur- GIONAL, AND COMMUNITY HEALTH shall include in such report such rec- INFORMATION EXCHANGES. chase and donate health information tech- ommendations for legislation or administra- (a) STUDY.—The Secretary of Health and nology; or tion action as the Secretary determines ap- Human Services shall conduct a study on ‘‘(ii) offering health care providers a choice propriate. issues related to the development, operation, of health information technology products in and implementation of State, regional, and order to take into account the varying needs SEC. 403. STUDY AND REPORT ON STORE AND FORWARD TECHNOLOGY FOR TELE- community health information exchanges. of such providers receiving such products.’’. HEALTH. Such study shall include the following, with TITLE IV—ADDITIONAL PROVISIONS (a) STUDY.—The Secretary of Health and respect to such health information ex- SEC. 401. PROMOTION OF TELEHEALTH SERV- Human Services, acting through the Director changes: ICES. of the Office for the Advancement of Tele- (1) Profiles detailing the current stages of (a) FACILITATING THE PROVISION OF TELE- health, shall conduct a study on the use of such health information exchanges with re- HEALTH SERVICES ACROSS STATE LINES.—The store and forward technologies (that provide spect to the progression of the development, Secretary of Health and Human Services for the asynchronous transmission of health operation, implementation, organization, shall, in coordination with physicians, care information in single or multimedia for- and governance of such exchanges. health care practitioners, patient advocates, mats) in the provision of telehealth services. (2) The impact of such exchanges on and representatives of States, encourage and Such study shall include an assessment of healthcare quality, safety, and efficiency, in- facilitate the adoption of State reciprocity the feasibility, advisability, and the costs of cluding— agreements for practitioner licensure in expanding the use of such technologies for (A) any impact on the coordination of order to expedite the provision across State use in the diagnosis and treatment of certain health information and services across lines of telehealth services. conditions. healthcare providers and other organizations (b) REPORT.—Not later than 18 months (b) REPORT.—Not later than 18 months relevant to health care; after the date of the enactment of this Act, after the date of the enactment of this Act, (B) any impact on the availability of the Secretary of Health and Human Services the Secretary of Health and Human Services health information at the point-of-care to shall submit to Congress a report on the ac- shall submit to Congress a report on the make timely medical decisions; tions taken to carry out subsection (a). study conducted under subsection (a) and (C) any benefits with respect to the pro- (c) STATE DEFINED.—For purposes of this shall include in such report such rec- motion of wellness, disease prevention, and subsection, the term ‘‘State’’ has the mean- ommendations for legislation or administra- chronic disease management;

VerDate Aug 31 2005 02:03 Jul 28, 2006 Jkt 049060 PO 00000 Frm 00038 Fmt 4634 Sfmt 0634 E:\CR\FM\A27JY7.014 H27JYPT1 CCOLEMAN on PROD1PC71 with HOUSE July 27, 2006 CONGRESSIONAL RECORD — HOUSE H5995 (D) any improvement with respect to pub- Texas (Mr. HINOJOSA) and a Member op- Mr. Chairman, may I inquire how lic health preparedness and response; posed each will control 5 minutes. much time I have remaining. (E) any impact on the widespread adoption The Chair recognizes the gentleman The CHAIRMAN. The gentleman has of interoperable health information tech- from Texas. 2 minutes remaining. nology, including electronic health records; Mr. HINOJOSA. Mr. Chairman, I Does any Member claim time in op- (F) any contributions to achieving an yield myself such time as I may con- position to the amendment? Internet-based national health information Mrs. JOHNSON of Connecticut. Mr. network; sume. (G) any contribution of health information Mr. Chairman, I rise today to offer an Chairman, I claim time in opposition exchanges to consumer access and to con- amendment to help ensure equal access to the amendment. I don’t intend to sumers’ use of their health information; and to our health care system. All too oppose the amendment. I am just (H) any impact on the operation of— often a lack of education can limit the claiming the time. (i) the Medicaid and Medicare programs; quality of life of an individual. This is The CHAIRMAN. Without objection, (ii) the State Children’s Health Insurance especially true when considering issues the gentlewoman from Connecticut Program (SCHIP); will control 5 minutes. (iii) disproportionate share hospitals de- that govern one’s health and well being. There was no objection. scribed in section 1923 of the Social Security Mrs. JOHNSON of Connecticut. Mr. To change this fact, I am offering an Act; Chairman, I think the gentleman’s (iv) Federally-qualified health centers; or amendment that would help ensure amendment points out why health in- (v) managed care plans, if a significant that all citizens would benefit from ad- formation technology is so terribly im- number of the plan’s enrollees are bene- vances in our medical technology and portant to making the next leap for- ficiaries in the Medicaid program or SCHIP. new information. My amendment di- ward in quality that medical science (3) Best practice models for financing, rects the national coordinator for the incentivizing, and sustaining such health in- has made available to us. health information technology to information exchanges. It will take a lot more teaching of crease information and medical re- (4) Information identifying the common patients. It will take a much different sources for individuals with low lit- principles, policies, tools, and standards used relationship between nurses and med- eracy. (or proposed) in the public and private sec- ical personnel and patients to make tors to support the development, operation, Passage of this amendment would sure that they have the guidance and and implementation of such health informa- create a new national priority for support they need to prevent their dis- tion exchanges. bridging the literacy gap in health care ease from getting worse or to follow a (5) A description of any areas in which Fed- resources and assign responsibility of regimen that will prevent their chronic eral government leadership is needed to sup- that goal to the new national coordi- port growth and sustainability of such illness from compromising their lives. health information exchanges. nator. (b) REPORT.—Not later than one year after The new priority is especially impor- b 1430 the date of enactment of this Act, the Sec- tant in the race to cure diabetes. In my So this issue of communication is retary of Health and Human Services shall congressional district, over 100,000 indi- going to be a bigger issue in the next submit to Congress a report on the study de- viduals suffer from this disease. And round of the American health care sys- scribed in subsection (a), including such rec- while our Nation is constantly working ommendations as the Secretary determines tem even than it is today. appropriate to facilitate the development, to find new ways of combating diabe- But I would like to yield to the gen- operation, and implementation of health in- tes, most of those inventions rely heav- tleman from Pennsylvania for some formation exchanges. ily on medical technology that requires questions. The CHAIRMAN. No further amend- its users to have a certain level of Mr. MURPHY. I thank the gentle- ment to the bill, as amended, is in mathematical skills, access to the woman, and I have a question for the order except those printed in part C of Internet, and in some cases, at a min- distinguished gentleman from Texas the report. Each amendment may be imum, a high school level of literacy. just to help clarify this, because my as- offered only in the order printed in the While at first these requirements sumption is the amendment would be report, by a member designated in the may seem ordinary and readily avail- one that would help those who have report, shall be considered read, shall able, in districts such as mine, this is problems with illiteracy or language be debatable for the time specified in all but impossible. It is impossible be- skills, perhaps English language is not the report, equally divided and con- cause a large number of citizens who of good grasp to them and they may be trolled by the proponent and an oppo- suffer from diabetes are undereducated, in a hospital where the staff may not nent, shall not be subject to amend- or they are elderly and lack computer be aware of that, and one of the impor- ment, and shall not be subject to a de- skills. In some cases they live in pov- tance of an electronic medical record is mand for division of the question. erty. the files would be there on record. So AMENDMENT NO. 1 OFFERED BY MR. HINOJOSA Simply put, the most effective treat- even if the person had limited abilities, The CHAIRMAN. It is now in order to ments for individuals with diabetes and the doctor would have access. But I consider amendment No. 1 printed in other illnesses remain out of the reach want to just ask a clarifying question part C of House Report 109–603. of citizens who need it most. Due to to make sure this is what you meant Mr. HINOJOSA. Mr. Chairman, I the lack of focus and the creation of by this amendment. offer an amendment. our technology, millions die each year. By this, I am assuming it is not a The CHAIRMAN. The Clerk will des- Additionally, according to a study matter that would impede in any way ignate the amendment. sponsored by the American Diabetes the doctor’s ability to have informa- The text of the amendment is as fol- Association, an organization that has tion on record, that would have swift lows: endorsed this amendment, our Nation and high standards of medical care Amendment No. 1 offered by Mr. HINOJOSA: pays over $100 billion a year in lost there, in no way would this impede; In section 271(b)(8) of the Public Health wages, lost productivity, emergency such as the records would have to be Service Act, as added by section 101(a) of the Bill, strike ‘‘is consistent’’ and insert ‘‘pro- room visits and care. written in multiple languages for doc- vides for the confidentiality and security of A clear example of what is at risk if tors who wouldn’t necessarily under- individually identifiable health information, we fail to launch an aggressive effort stand that. I am assuming that is the consistent’’. geared at removing literacy barriers to case in this, that you are saying that In section 271(b) of the Public Health Serv- health care information and tech- the best interest of the patient is what ice Act, as added by section 101(a) of the Bill, nology can be witnessed in my own dis- you have in mind here so that the strike ‘‘and’’ at the end of paragraph (11), strike the period at the end of paragraph (12) trict’s 41 percent diabetes mortality records are always available, that the and insert ‘‘; and’’, and add at the end the rate. doctor could understand them clearly following new paragraph: That means that due to health care even if the patient has difficulty com- ‘‘(13) improves the availability of informa- literacy barriers, one in two citizens municating. Am I correct in that, sir? tion and resources for individuals with low diagnosed with diabetes in my district Mr. HINOJOSA. In my opinion, if the or limited literacy or language skills.’’. will die from diabetes complications. patient gives permission that that in- The CHAIRMAN. Pursuant to House To help change this fact, I urge my formation be released, I have no prob- Resolution 952, the gentleman from colleagues to support this amendment. lem with that.

VerDate Aug 31 2005 02:03 Jul 28, 2006 Jkt 049060 PO 00000 Frm 00039 Fmt 4634 Sfmt 0634 E:\CR\FM\A27JY7.014 H27JYPT1 CCOLEMAN on PROD1PC71 with HOUSE H5996 CONGRESSIONAL RECORD — HOUSE July 27, 2006 Mr. MURPHY. I am assuming that is The text of the amendment is as fol- For these reasons, Mr. Speaker, I be- what you meant. It is important that lows: lieve that this study is vital to the as- hospitals not see this as something Amendment No. 2 offered by Mr. TOWNS: sessment, examination, and implemen- that they, for example, have to con- Add at the end of section 101 the following: tation of health information, tech- stantly rewrite records in ways that (d) STUDY OF HEALTH INFORMATION TECH- nology in medically underserved areas would impair understanding between NOLOGY IN MEDICALLY UNDERSERVED COMMU- in this Nation. And I do believe that physicians as well. And along those NITIES.— my amendment adds considerable lines, I think it is an excellent idea to (1) STUDY.—The National Coordinator for value to the health information tech- Health Information Technology shall con- nology bill. I have worked in a bipar- provide it, because it does provide ac- duct a study on the development and imple- cess of information for the doctors. mentation of health information technology tisan fashion on this bill with Rep- Mr. HINOJOSA. If the gentleman will in medically underserved communities. The resentative FERGUSON of New Jersey to allow me to explain. I think that the study shall— present the portion of the bill related intent of my amendment is to be able (A) identify barriers to successful imple- to grants in medically underserved to acknowledge that there are people mentation of health information technology areas. out there who can not get one of these in these communities; Mr. Chairman, I do feel that this new machines that we use now to (B) examine the impact of health informa- amendment strengthens this bill and is tion technology on providing quality care something that we really need to do if measure the glucose, if I am a diabetic, and reducing the cost of care to these com- and be able to take it and follow the in- we want to reach the hard-to-reach munities; areas and to be able to have the kind of structions if they are limited English (C) examine urban and rural community proficient, for example. In many cases, health systems and determine the impact data and have the kind of information the lower the level of education attain- that health information technology may to give them quality health care. On that note, Mr. Chairman, I re- ment, the more difficult it is to use have on the capacity of primary health providers; and serve the balance of my time. some of this modern equipment that is The CHAIRMAN. Who claims time in available in technology. And so the in- (D) assess the feasibility and the costs associated with the use of health information opposition? tent of Congress would be to address technology in these communities. Mrs. JOHNSON of Connecticut. I rise that group, regardless of the size, the (2) REPORT.—Not later than 18 months to support this amendment. percentage of people who need that after the date of the enactment of this Act, The CHAIRMAN. Does the gentle- extra assistance with the training nec- the National Coordinator shall submit to woman claim time in opposition? essary to use the modern equipment. Congress a report on the study conducted Mrs. JOHNSON of Connecticut. I Mr. MURPHY. Reclaiming my time, under paragraph (1) and shall include in such claim time in opposition. that makes sense, because I work with report such recommendations for legislation The CHAIRMAN. Without objection, many patients who are disabled, who or administrative action as the Coordinator the gentlewoman will control 5 min- determines appropriate. have literacy problems, and it is im- utes. portant that the medical community The CHAIRMAN. Pursuant to House There was no objection. works to help those patients. I just Resolution 952, the gentleman from Mrs. JOHNSON of Connecticut. I want to make sure also the electronic New York (Mr. TOWNS) and a Member claim time to say we accept the medical records then serve both pur- opposed each will control 5 minutes. amendment. It is a very thoughtful poses, to help those patients, but cer- The Chair recognizes the gentleman amendment and an important one, and tainly to make sure the primary as- from New York. we thank the gentleman from New pects of having the medical records Mr. TOWNS. Mr. Chairman, I am York (Mr. TOWNS). there electronically is to help doctors really concerned that, in implementing Mr. TOWNS. I want to thank the gen- communicate quickly and swiftly with any health information technology ini- tlewoman from Connecticut for sup- accurate data. Along those lines, I tiative, that we will not have the best porting the amendment. think it is an excellent idea. information to address the needs of Mr. Chairman, I yield back the bal- Mr. HINOJOSA. Mr. Chairman, I medically underserved areas. My ance of my time, would like to hear Congresswoman amendment to H.R. 4157 creates a criti- Mrs. JOHNSON of Connecticut. Mr. Chairman, I yield back the balance of NANCY JOHNSON’s thoughts on being cally important study that would give my time. able to work with us on this amend- us the benchmarks to use in imple- The CHAIRMAN. The question is on ment, because it is very important not menting this technology in these com- the amendment offered by the gen- only in South Texas, but throughout munities, both urban and rural. tleman from New York (Mr. TOWNS). the country. First, the proposed study will examine and determine the impact of health The question was taken; and the Mrs. JOHNSON of Connecticut. Mr. Chairman announced that the ayes ap- Chairman, we certainly are willing to information technology on improving the capacity of primary care providers peared to have it. accept the gentleman’s amendment. It Mr. PALLONE. Mr. Chairman, I de- in medically underserved communities. is a very thoughtful and important mand a recorded vote. one. Second, the study would identify the The CHAIRMAN. Pursuant to clause Mr. HINOJOSA. I thank the gentle- barriers to the implementation of 6 of rule XVIII, further proceedings on woman for accepting this amendment health information technology in these the amendment offered by the gen- and working with me to eliminate the communities. tleman from New York will be post- literacy barriers from our health care Third, the study will assess the feasi- poned. bility and costs associated with imple- system. AMENDMENT NO. 3 OFFERED BY MR. JACKSON OF Mr. Chairman, I yield back the bal- menting health information tech- ILLINOIS ance of my time. nology in these communities. The CHAIRMAN. It is now in order to Mrs. JOHNSON of Connecticut. Mr. Some of the Nation’s finest founda- consider amendment No. 3 printed in Chairman, I yield back the balance of tions have done tremendous work in part C of House Report 109–603. my time. how health information technology can Mr. JACKSON of Illinois. Mr. Chair- The CHAIRMAN. The question is on be used in hard-to-reach and difficult man, I offer an amendment. the amendment offered by the gen- areas to serve in our Nation. They in- The CHAIRMAN. The Clerk will des- tleman from Texas (Mr. HINOJOSA). clude the Markle Foundation, the Rob- ignate the amendment. The amendment was agreed to. ert Wood Johnson Foundation, and the The text of the amendment is as fol- AMENDMENT NO. 2 OFFERED BY MR. TOWNS Henry J. Kaiser Family Foundation. lows: The CHAIRMAN. It is now in order to We want to incorporate this work and Amendment No. 3 offered by Mr. JACKSON consider amendment No. 2 printed in other’s work done by the Agency For of Illinois: part C of House Report 109–603. Health Care Research and Quality, and In section 102, add at the end the following new paragraph: Mr. TOWNS. Mr. Chairman, I offer an make sure it is applied to the develop- (5) Recommendations on the inclusion of amendment. ment and implementation of health in- emergency contact or next-of-kin informa- The CHAIRMAN. The Clerk will des- formation technology and medically tion (including name and phone number) in ignate the amendment. underserved areas. interoperable electronic health records.

VerDate Aug 31 2005 02:03 Jul 28, 2006 Jkt 049060 PO 00000 Frm 00040 Fmt 4634 Sfmt 0634 E:\CR\FM\K27JY7.058 H27JYPT1 CCOLEMAN on PROD1PC71 with HOUSE July 27, 2006 CONGRESSIONAL RECORD — HOUSE H5997 The CHAIRMAN. Pursuant to House pital staff quickly notify you about which improve medical care access and Resolution 952, the gentleman from Il- your loved one’s condition. You could health care by way of health informa- linois (Mr. JACKSON) and a Member op- rush to be by their side and possibly tion technology to patients in under- posed each will control 5 minutes. share critical medical history and in- served rural and urban areas. In my The Chair recognizes the gentleman formation. Emergency contact and district, which encompasses both rural from Illinois. next-of-kin information should be in- and urban areas, I have seen the need Mr. JACKSON of Illinois. Mr. Chair- cluded in electronic medical records to for health IT to promote better health man, my amendment simply states ensure that family members are noti- care and accessibility. that emergency contact or next-of-kin fied and informed decisions are made In some of my rural counties, citi- information should be included in the during a medical emergency. zens are faced with few health care op- interoperable electronic health Mr. Chairman, I ask for an ‘‘aye’’ tions and in many cases, are forced to records. vote on the Jackson amendment. travel great distances to see doctors, Mr. Chairman, in an instant, a wrong Mr. Chairman, I reserve the balance specialists, and go to a hospital or care turn, a sudden fall, a missed step, of my time. facility which can address their indi- someone, indeed anyone, can find The CHAIRMAN. Does the gentle- vidual health needs. In my hometown themselves in a crisis and in need of woman from Connecticut claim the of Laredo, Texas, a major South Texas emergency medical care. Nationwide, time in opposition? urban area, there is a great need for nearly 1 million people arrive in emer- Mrs. JOHNSON of Connecticut. Mr. health IT to better coordinate and pro- gency rooms each year unconscious or Chairman, I rise in opposition. vide the care to the uninsured and physically unable to give informed con- The CHAIRMAN. Without objection, underinsured, and of course, the under- sent for their care. the gentlewoman from Connecticut served patients. Consider the story of Elaine Sullivan. will control 5 minutes. Citizens in America’s remote and A very active 71-year-old woman, There was no objection. rural isolated areas and urban areas, Elaine fell at home while trying to get Mrs. JOHNSON of Connecticut. First which often lack sufficient medical into her bathtub. When paramedics ar- of all, the gentleman from Illinois has services, face very difficult challenges rived, she realized that injuries to her brought a very thoughtful amendment to access quality health care and treat- mouth and head made her unable to to this bill. The information that he ment. New health information tech- communicate and give informed con- wants included in electronic health nology, including the health IT to be sent for her own care. Although stable record is extremely important informa- funded by grants to be integrated with for the first few days, she began to slip tion, and I support your amendment. the health care systems, and this par- into critical condition. The hospital Mr. JACKSON of Illinois. I thank the ticular bill, a bill that I support, lays failed to notify her family for 6 days, gentlewoman for supporting our the essential groundwork for a new era and tragically Elaine Sullivan died amendment, Mr. Chairman. of sensibility and quality health care I yield back the balance of my time. alone in the hospital. that all Americans deserve regardless The CHAIRMAN. The question is on In the aftermath of this tragedy, of where they call home. the amendment offered by the gen- Elaine Sullivan’s daughter, Jan, and Mr. Chairman, I ask for favorable tleman from Illinois (Mr. JACKSON). granddaughter, Laura, turned their consideration of my amendment, and I The amendment was agreed to. personal pain to public action. Jan and believe this amendment is acceptable AMENDMENT NO. 4 OFFERED BY MR. CUELLAR Laura Greenwald went to work to to Mrs. JOHNSON. make sure that that never happened to The CHAIRMAN. It is now in order to Mrs. JOHNSON of Connecticut. Mr. their loved ones or anyone else’s loved consider amendment No. 4 printed in Chairman, I rise in support of the one again. part C of House Report 109–603. amendment. I understand there are In Elaine Sullivan’s memory and Mr. CUELLAR. Mr. Chairman, I offer some technical adjustments that your honor, I introduced H.R. 2560 so that in an amendment. staff and our staff talked about that we The CHAIRMAN. The Clerk will des- the future phone calls to loved ones will work on. ignate the amendment. Mr. CUELLAR. And I will work with will always be made. This amendment, The text of the amendment is as fol- your staff in conference committee to Mr. Chairman, which includes a provi- lows: sion of H.R. 2560, is a modest step to address those technical points. I am in Amendment No. 4 printed in House Report ensure that this situation doesn’t hap- agreement with that. I believe my staff 109–603 offered by Mr. CUELLAR: pen again. In section 330M(d) of the Public Health has been working with your staff. Let me be clear. Most hospitals no- Service Act, as added by section 104 of the Mrs. JOHNSON of Connecticut. With tify the next of kin of unconscious Bill, strike ‘‘or’’ at the end of paragraph (1), that understanding, I am pleased to emergency room arrivals relatively strike the period at the end of paragraph (2) support the gentleman’s amendment. quickly. However, emergency rooms and insert ‘‘; or’’, and add at the end the fol- Mr. CUELLAR. I thank the gentle- are extremely high pressure and some- lowing new paragraph: woman. times chaotic environments. In the ‘‘(3) if the project to be funded through Mr. Chairman, I yield back the bal- such a grant will emphasize the improve- hustle and bustle of the ER, despite the ance of my time. ment of access to medical care and medical The CHAIRMAN. Does any Member professionalism and the dedication of care for medically underserved populations staff, there are real risks that a simple which are geographically isolated or located claim time in opposition to the amend- phone call may or may not be able to in underserved urban areas.’’. ment? The question is on the amendment be made in a timely fashion. The CHAIRMAN. Pursuant to House offered by the gentleman from Texas Consider for a moment just one dis- Resolution 952, the gentleman from tressing but relevant scenario. Your (Mr. CUELLAR). Texas (Mr. CUELLAR) and a Member op- The amendment was agreed to. loved one is out of town on a business posed each will control 5 minutes. trip. On the way they are involved in a The Chair recognizes the gentleman b 1445 serious head-on collision, unconscious from Texas. AMENDMENT NO. 5 OFFERED BY MR. PRICE OF and unable to communicate. They are Mr. CUELLAR. Mr. Chairman, I yield GEORGIA rushed to the nearest hospital, and un- myself such time as I may consume. The CHAIRMAN. It is now in order to beknownst to you they lie comatose Mr. Chairman, my amendment to consider amendment No. 5 printed in fighting for their life miles from home. H.R. 4157 emphasizes the priority of part C of House Report 109–603. Doctors and nurses work feverishly to funding grants which would improve Mr. PRICE of Georgia. Mr. Chairman, provide emergency medical care to a access, coordination, and the provision I offer an amendment. patient who is only the name on a li- of health care to the uninsured, under- The CHAIRMAN. The Clerk will des- cense, but to you they are the love of insured, and medically underserved ignate the amendment. your life. areas in both rural and urban areas in The text of the amendment is as fol- If your electronic health records con- the State and in the country. lows: tained emergency contact or next-of- This amendment will add priority an- Amendment No. 5 offered by Mr. PRICE of kin information, this could help hos- tiquated health system grant proposals Georgia:

VerDate Aug 31 2005 02:03 Jul 28, 2006 Jkt 049060 PO 00000 Frm 00041 Fmt 4634 Sfmt 0634 E:\CR\FM\K27JY7.062 H27JYPT1 CCOLEMAN on PROD1PC71 with HOUSE H5998 CONGRESSIONAL RECORD — HOUSE July 27, 2006 Add at the end of title II the following new misleading, and worse, incorrect, So I welcome this study, and I thank section: thereby having the possible outcome of Mr. PRICE for his contribution. SEC. 206. REPORT ON APPROPRIATENESS OF harming the treatment of future pa- Mr. Chairman, I yield back the bal- CLASSIFICATION METHODOLOGIES tients. ance of my time. AND CODES FOR ADDITIONAL PUR- POSES. Consequently, my amendment calls Mr. PRICE of Georgia. Mr. Chairman, Not later than the date that is 180 days for a report from the Secretary of I yield myself such time as I may con- after the date of the enactment of this Act, Health and Human Services to Con- sume. the Secretary of Health and Human Services gress that would determine the appli- I appreciate those comments, and I shall submit to Congress a report that evalu- cability, usefulness, accuracy and com- would agree, I think it is important ates— pleteness of the use of these codes. that we move forward with a more spe- (1) the applicability of health care classi- It also asks for information on the cific ICD coding system. ICD 10 will do fication methodologies and codes for pur- capacity of the use of these codes to that, and hopefully it will be adopted poses beyond the coding of services for diag- produce erroneous or misleading infor- in a timely fashion. nostic documentation or billing purposes; mation. This report will be back prior to the (2) the usefulness, accuracy, and complete- installation of those new codes, and so ness of such methodologies and codes for Science relies on the accuracy of in- such purposes; and formation in order to make correct I look forward to seeing the results of (3) the capacity of such methodologies and judgments, determinations and deci- this report and hopefully making some codes to produce erroneous or misleading in- sions on how one should proceed. We recommendation at that time, and urge formation, with respect to such purposes. here in Congress should do no less. my colleagues to support this amend- The CHAIRMAN. Pursuant to House The consequences of our decisions ment. Resolution 952, the gentleman from can be significant, and it is imperative Mr. Chairman, I yield back the bal- Georgia (Mr. PRICE) and a Member op- that we have accurate data upon which ance of my time. posed each will control 5 minutes. to make those decisions. The informa- The CHAIRMAN. The question is on The Chair recognizes the gentleman tion that will result from this amend- the amendment offered by the gen- from Georgia. ment will allow us to make those deci- tleman from Georgia (Mr. PRICE). The amendment was agreed to. Mr. PRICE of Georgia. Mr. Chairman, sions with greater confidence in their I yield myself such time as I may con- benefit to our constituents. AMENDMENT NO. 6 OFFERED BY MISS MCMORRIS The CHAIRMAN. It is now in order to sume. I ask my colleagues for their support consider amendment No. 6 printed in (Mr. PRICE of Georgia asked and was in assisting us in gaining greater in- part C of House Report 109–603. given permission to revise and extend sight into this important matter. I ask Miss MCMORRIS. Mr. Chairman, I his remarks.) for their support on this amendment. Mr. Chairman, I reserve the balance offer an amendment. Mr. PRICE of Georgia. Mr. Chairman, The CHAIRMAN. The Clerk will des- I rise to thank both the chairman of of my time. The CHAIRMAN. Does any Member ignate the amendment. the committee and Chairman DREIER claim the time in opposition to the The text of the amendment is as fol- and the Rules Committee members. lows: As a physician, I know the impor- amendment? Mrs. JOHNSON of Connecticut. Yes, I Amendment No. 6 offered by Miss tance of having appropriate informa- claim time in opposition to the amend- MCMORRIS: tion available in order to make quality At the end of title IV, insert the following ment. Although I do not oppose the health care decisions, and I am cau- new section: amendment, I would like to comment. tiously optimistic about the prospects SEC. 409. PROMOTING HEALTH INFORMATION The CHAIRMAN. Without objection, in that portion of the bill. TECHNOLOGY AS A TOOL FOR the gentlewoman from Connecticut CHRONIC DISEASE MANAGEMENT. My amendment addresses section 203, will control the time. (a) IN GENERAL.—The Secretary of Health the area of the bill that seeks to up- There was no objection. and Human Services shall establish a two- grade the ICD codes. Mrs. JOHNSON of Connecticut. Mr. year project to demonstrate the impact of ICD, or international classification of Chairman, I yield myself such time as health information technology on disease diseases, codes are diagnostic codes, se- I may consume. management for individuals entitled to med- ries of letters and numbers that iden- I would like to comment on the ical assistance under a State plan under title tify with some specificity the various XIX of the Social Security Act. amendment. Mr. PRICE has been a very (b) STRUCTURE OF PROJECT.—The project diseases or conditions for which a pa- active and fine mind as we developed under subsection (a) shall— tient is being treated. this bill, and I welcome his amend- (1) create a web-based virtual case manage- ICD codes can be very useful in ment. ment tool that provides access to best prac- tracking various patients with similar I do think we need to evaluate new tices for managing chronic disease; and conditions. They may be helpful in re- methodologies and procedures very (2) provide chronic disease patients and search that may aid in the future carefully; and as a physician, he brings caregivers access to their own medical treatment of patients with the same to this issue a lot of information and a records and to a single source of information on chronic disease. disease. lot of concern about both advances and (c) COMPETITION.—Not later than the date ICD codes are diagnostic codes. They also problems that could develop. that is 90 days after the date of the enact- were intended to be used to identify as I will say one of the strengths of the ment of this Act, the Secretary of Health accurately as possible the diagnosis bill that has not been talked about on and Human Services shall seek proposals that a particular patient has. the floor here today is that it does from States to carry out the project under ICD codes were not designed to be move us to the ICD 10 system from the subsection (a). The Secretary shall select not used for anything beyond documenta- ICD 9 system, and that will give us a less than four of such proposals submitted, tion of a diagnosis. great deal more ability to look at qual- and at least one proposal selected shall include a regional approach that features ac- However, they are being used, in ity, to judge quality, to pay for qual- cess to an integrated hospital information combination with other codes, particu- ity, to analyze actually what series of system in at least two adjoining States and larly CPT or billing codes, to evaluate symptoms responded best to precisely that permits the measurement of health out- various kinds of treatment and wheth- what treatment approach. comes. er that treatment is appropriate or ef- But there are also shoals in every (d) REPORT.—Not later than the date that ficient or of quality. water, and I think your study is very is 90 days after the last day of the project There are many people who are pro- appropriate. The ICD 10 system is now under subsection (a), the Secretary of Health viding health care for our citizens, who not only more glandular, but we also and Human Services shall submit to Con- gress a report on such project and shall in- are taking care of our families, who think it will help us to reduce fraud clude in such report the amount of any cost- have significant reservations regarding and abuse. But no matter how many savings resulting from the project and such the use of those codes for purposes for positive things we think it will con- recommendations for legislation or adminis- which they were never designed. tribute, it is also wise to know and trative action as the Secretary determines It is possible that the use of these watch for and evaluate whether or not appropriate. codes for other needs may, in fact, re- it is creating problems that we did not The CHAIRMAN. Pursuant to House sult in conclusions that are at best anticipate. Resolution 952, the gentlewoman from

VerDate Aug 31 2005 02:03 Jul 28, 2006 Jkt 049060 PO 00000 Frm 00042 Fmt 4634 Sfmt 0634 E:\CR\FM\A27JY7.024 H27JYPT1 CCOLEMAN on PROD1PC71 with HOUSE July 27, 2006 CONGRESSIONAL RECORD — HOUSE H5999 Washington (Miss MCMORRIS) and a The cost incurred from correcting and on one aspect of it where it could real- Member opposed each will control 5 treating medication-related errors oc- ly reduce the costs and improve the minutes. curring in hospitals, not counting doc- quality of care, helping a specific class The Chair recognizes the gentle- tors’ offices and other facilities, was of patients get the best information woman from Washington. projected to be at least $3.5 billion an- possible for the best disease manage- Miss MCMORRIS. Mr. Chairman, I nually. These staggering numbers can ment possible. yield myself as much time as I may and should change. All across the world, information is consume. The United States spends more than being developed even as we sit here on I rise to offer the McMorris-Smith 21⁄2 times any other country on health how to better deal with all kinds of dif- MAP IT amendment, the Medicaid Ac- care. We need to ensure that we are ferent diseases. But how do we make cess Project through Information Tech- maximizing our resources and getting a sure that both patients and providers nology proposal. This amendment is high return on our investment. A study have real-time access to that best in- supported by the Healthcare Informa- published in August of 2005 by the In- formation and employ it? That is what tion and Management Systems, the So- stitute for Public Policy and Economic this amendment aims to do. For diabe- ciety Information Technology Industry Analysis at Eastern Washington Uni- tes patients with Medicaid, it can give Council, the American Health Informa- versity found that for every dollar us a real case example of how we can tion Management Association, the spent on a technology-enabled disease save money and improve the quality of American Hospital Association, the management program, it provided up care for these patients. Federation of American Hospitals, the to $10 in medical savings and even I think there is unbelievable poten- American Medical Association, and the more in terms of nonmedical cost sav- tial if we have the best information U.S. Chamber of Commerce. ings. At a time when most States are possible. Too often now patients do not The McMorris-Smith amendment and facing increased taxes or cutting Med- know what the best care is. Too often the underlying bill will help fulfill icaid benefits, increasing outcomes and providers do not even know at the mo- President Bush’s goal of most Ameri- cutting costs is a win-win situation. ment what the best care is; and as a cans having an electronic health record The McMorris-Smith amendment consequence, they do not get it and the by the year 2014. would allow us to more fully study the patients do not receive it. Health care I am pleased to offer this bipartisan cost savings and patient benefits of uti- quality goes down and costs go up, as amendment which strengthens the lizing health information technology procedures are either repeated or the Health Information Technology Pro- within one of Medicaid’s most costly wrong procedures are done. motion Act and its goal of encouraging populations, chronic disease sufferers. This amendment gives us a great op- the adoption of health information Any piece of comprehensive health in- portunity to do an isolated case study technology into our health care sys- formation technology legislation must on how to make this work in disease tem. As I have traveled throughout help address the cost and care of this management to improve the quality of eastern Washington, I have seen the population that consumes 80 percent of care and get costs under control. need for health information technology the Medicaid resources, yet that is just Mr. Chairman, I reserve the balance and the potential that it has not just 20 percent of the Medicaid population. of my time. to improve health care delivery but We can address this issue. This Miss MCMORRIS. Mr. Chairman, I also save costs. amendment takes savings and quality yield 30 seconds to the gentleman from Information technology has the theories and provides a vehicle for Pennsylvania (Mr. MURPHY), my friend. power to revolutionize the delivery of practical application now. Mr. MURPHY. Mr. Chairman, I thank health care. This bill is a first step to- Thank you for your consideration. I the gentlewoman for putting this im- ward encouraging the utilization of urge Members to adopt the McMorris- portant amendment in. health IT on a national level, and I ap- Smith amendment and support the un- Previously, it has been cited that the plaud the efforts of Chairman DEAL and derlying bill. CBO report did not show a savings. Let Chairman JOHNSON for leading this ef- Mr. Chairman, I reserve the balance me mention three things that chronic fort. of my time. care management does. 300,000 asth- This bill represents collaboration be- The CHAIRMAN. Who claims time in matic children were studied with tween health care providers, payers, opposition to the amendment? chronic care and found that lowered re- patient advocates and the IT commu- Mr. SMITH of Washington. Mr. hospitalization by 34 percent. Univer- nity and will pave the way for better Chairman, I am not in opposition to sity of Pittsburgh Medical Center re- access to quality health care for Amer- the amendment, but I would claim the duced rehospitalization of diabetics by icans. time unless somebody is. 75 percent. Washington Hospital, Wash- As we move forward to set these new The CHAIRMAN. Without objection, ington, PA, reduced rehospitalization standards in place, it is crucial that we the gentleman from Washington will of chronic heart disease by 50 percent. take steps to include health informa- control the time in opposition. I suggest the CBO look at how election technology in government-funded There was no objection. tronic medical records can save money health programs like Medicare and Mr. SMITH of Washington. Mr. in this. Medicaid. Health information tech- Chairman, I yield to myself as much I have listed a lot of these things in nology will increase effectiveness, effi- time as I may consume. a report entitled, ‘‘Critical Condition, ciency, overall quality, and promote I want to thank Representative the State of the Union’s Health Care,’’ cost savings in the long run. MCMORRIS for her leadership on this bi- which I have available at my Web site; This amendment strengthens the un- partisan issue. and I urge my colleagues to look at derlying bill by incorporating a Web- This amendment really gets at the that, and I urge the CBO to read it as based tool to manage chronic disease heart of why health care information well. They might learn something. populations within Medicaid. This pro- technology is important in the first Mr. SMITH of Washington. Mr. vision will allow for the creation of a place, and there are really two big rea- Chairman, I yield 1 minute to the gen- virtual case management program that sons. Number one, it can significantly tlewoman from Illinois (Ms. BEAN). provides patients and providers access improve the quality of care for pa- Ms. BEAN. Mr. Chairman, I rise in to a real-time electronic medical tients; and, number two, it can signifi- strong support of this Smith-McMorris record. We need to seriously study the cantly reduce health care inflation. amendment to establish a 2-year health effects of using health IT to better Right now, if you want to do anything IT demonstration project for Medicaid serve patients and taxpayers. to improve the quality of health care patients with chronic diseases. Modest estimates show that medical in this country getting inflation under This bill is a step in the right direc- errors cause around 400,000 avoidable control is job one so that people can tion, but the Smith-McMorris amend- injuries and fatalities annually and access that. ment would actually speed the imple- more than 800,000 in elderly care cen- That is what health care information mentation of health IT in a crucial and ters and over a half a million befall technology has the promise to do; and tangible way. It will not only improve Medicare patients in outpatient care. this amendment, in particular, focuses efficiency and quality, but will also

VerDate Aug 31 2005 02:03 Jul 28, 2006 Jkt 049060 PO 00000 Frm 00043 Fmt 4634 Sfmt 0634 E:\CR\FM\K27JY7.070 H27JYPT1 CCOLEMAN on PROD1PC71 with HOUSE H6000 CONGRESSIONAL RECORD — HOUSE July 27, 2006 help control the growing costs for Med- The CHAIRMAN. The gentlewoman [Roll No. 414] 3 icaid patients with chronic health con- has 1 ⁄4 minutes remaining. AYES—417 ditions. Miss MCMORRIS. Mr. Chairman, I Mr. Chairman, these patients often Abercrombie Delahunt Jones (OH) yield 1 minute to my good friend from Ackerman DeLauro Kanjorski have complex medical conditions, rely- Georgia (Mr. GINGREY). Aderholt Dent Kaptur ing on multiple doctors and numerous Mr. GINGREY. Mr. Chairman, I am Akin Diaz-Balart, L. Keller medications. very happy to rise in support of the Alexander Diaz-Balart, M. Kelly This amendment would put patients Allen Dicks Kennedy (MN) amendment of the gentlewoman from Andrews Dingell Kennedy (RI) in better control of their medical infor- Washington. A little disappointed my Baca Doggett Kildee mation, provide improved access and own great amendments were not made Bachus Doolittle Kilpatrick (MI) more information for caregivers, and in order but very happy to support Baird Doyle Kind create a Web-based resource to pro- Baker Drake King (IA) hers. Baldwin Dreier King (NY) mote best practices for chronic care As a physician, having practiced 30 Barrett (SC) Duncan Kingston management. years of clinical medicine, there is no Barrow Edwards Kirk Mr. Chairman, the need for health IT question that the cost of chronic dis- Bartlett (MD) Ehlers Kline is well established and will both save Barton (TX) Emanuel Knollenberg ease management is the most costly, Bass Emerson Kolbe lives and billions of dollars. This body and particularly under Medicaid. I Bean Engel Kucinich talks often about the need to improve think the gentlewoman has the exact Beauprez English (PA) Kuhl (NY) quality of care and reduce inefficient right idea, to be able to monitor this Becerra Eshoo LaHood Berkley Etheridge Langevin spending under Medicaid. The Smith- information on a real-time basis so Berman Farr Lantos McMorris amendment promises us an that physicians know exactly what Berry Fattah Larsen (WA) opportunity to move beyond rhetoric they are spending and what is cost ef- Biggert Feeney Larson (CT) and actually better care and more re- Bilbray Ferguson Latham fective. Bilirakis Filner LaTourette sponsible return on our tax dollars. I was very happy as a member of the Bishop (GA) Fitzpatrick (PA) Leach b 1500 Rules Committee to recommend her Bishop (NY) Flake Lee amendment be made in order. Thank Bishop (UT) Foley Levin Blackburn Forbes Lewis (CA) Mr. SMITH of Washington. Mr. goodness it was, and I proudly stand Chairman, may I inquire how much Blumenauer Ford Lewis (KY) here today to recommend this amend- Blunt Fortenberry Linder time I have left. ment to all of my colleagues on both Boehlert Foxx Lipinski The CHAIRMAN. The gentleman has sides of the aisle. I commend her for Boehner Frank (MA) LoBiondo 21⁄2 minutes remaining. Bonilla Franks (AZ) Lofgren, Zoe Mr. SMITH of Washington. Mr. the good job she has done. Bonner Frelinghuysen Lowey Miss MCMORRIS. Mr. Chairman, I Bono Gallegly Lucas Chairman, I yield myself 15 seconds to yield to the great chairman of the sub- Boozman Garrett (NJ) Lungren, Daniel close and to once again thank Rep- committee who, without her support, Boren Gerlach E. resentative MCMORRIS and to point out Boswell Gibbons Lynch we would not be having this amend- how important chronic disease man- Boucher Gilchrest Mack ment before us today. Boustany Gillmor Maloney agement is in saving money. This is an Mrs. JOHNSON of Connecticut. Mr. Boyd Gingrey Manzullo outstanding opportunity for us to use Bradley (NH) Gohmert Marchant Chairman, I rise in strong support of technology to do that, and I urge adop- Brady (PA) Gonzalez Markey this amendment. First of all, of all the Brady (TX) Goode Marshall tion of the amendment. Brown (OH) Goodlatte Matheson Mr. Chairman, I yield the balance of systems in America that really need this kind of attention, it is our Med- Brown (SC) Gordon Matsui my time to Representative MCMORRIS. Brown, Corrine Granger McCarthy Miss MCMORRIS. Mr. Chairman, I icaid system because they deal mostly Brown-Waite, Graves McCaul (TX) yield my good friend from South Caro- with elderly and poor whose health has Ginny Green (WI) McCollum (MN) long been neglected. Burgess Green, Al McCotter lina (Mr. WILSON) 1 minute. Burton (IN) Green, Gene McCrery Mr. WILSON of South Carolina. I So I know this is going to give us a Butterfield Grijalva McDermott want to congratulate Congresswoman lot of very good insight and informa- Buyer Gutierrez McGovern Calvert Gutknecht McHenry MCMORRIS on her leadership with Con- tion into how we can both improve the quality and reduce the cost of care in Camp (MI) Hall McHugh gressman SMITH on this issue. Campbell (CA) Harman McIntyre As a person who has a son who is a our Medicaid system, and I congratu- Cannon Harris McKeon doctor in California, I am very grateful late the gentlewoman and her cospon- Cantor Hart McMorris sors for bringing this before us today. Capito Hastings (FL) McNulty to be here and support the amendment, Capps Hastings (WA) Meehan which will create a Web-based virtual Miss MCMORRIS. Mr. Chairman. I Capuano Hayes Meek (FL) case management tool that provides yield back the balance of my time. Cardin Hayworth Meeks (NY) access to the best practices for man- The CHAIRMAN. The question is on Cardoza Hefley Melancon the amendment offered by the gentle- Carnahan Hensarling Mica aging chronic disease. Carson Herger Michaud Additionally, this amendment would woman from Washington (Miss Carter Herseth Miller (FL) provide for chronic disease patients MCMORRIS). Case Higgins Miller (MI) The amendment was agreed to. Castle Hinchey Miller (NC) and caregivers to have access to their Chabot Hinojosa Miller, Gary AMENDMENT NO. 2 OFFERED BY MR. TOWNS own medical records and to a single Chandler Hobson Miller, George source of information on chronic dis- The CHAIRMAN. Pursuant to clause Chocola Hoekstra Mollohan ease. 6 of rule XVIII, the pending business is Clay Holden Moore (KS) the demand for a recorded vote on the Cleaver Honda Moore (WI) Further, it directs the Secretary to Coble Hooley Moran (KS) select at least four proposals from amendment offered by the gentleman Cole (OK) Hostettler Moran (VA) those submitted by States and at least from New York (Mr. TOWNS) on which Conaway Hoyer Murphy one proposal selected to include a re- further proceedings were postponed and Conyers Hulshof Murtha Cooper Hunter Musgrave gional approach featuring access to an on which the ayes prevailed by voice Costa Hyde Myrick integrated hospital information system vote. Costello Inglis (SC) Nadler in at least two adjoining States that The Clerk will redesignate the Cramer Inslee Napolitano amendment. Crenshaw Israel Neal (MA) permits the measurement of outcomes. Cuellar Issa Neugebauer I know personally that our family The Clerk redesignated the amend- Culberson Jackson (IL) Ney has benefited from the best of health ment. Cummings Jackson-Lee Northup care. One of our sons has been a cancer RECORDED VOTE Davis (AL) (TX) Norwood Davis (CA) Jefferson Nunes survivor. And I just want to congratu- The CHAIRMAN. A recorded vote has Davis (FL) Jenkins Nussle late, again, Congresswoman MCMORRIS been demanded. Davis (IL) Jindal Oberstar on her leadership; and I urge adoption A recorded vote was ordered. Davis (KY) Johnson (CT) Obey of the amendment. The vote was taken by electronic de- Davis (TN) Johnson (IL) Olver Davis, Tom Johnson, E. B. Ortiz Miss MCMORRIS. Mr. Chairman, may vice, and there were—ayes 417, noes 1, DeFazio Johnson, Sam Osborne I inquire as to how much time remains. not voting 14, as follows: DeGette Jones (NC) Otter

VerDate Aug 31 2005 02:03 Jul 28, 2006 Jkt 049060 PO 00000 Frm 00044 Fmt 4634 Sfmt 0634 E:\CR\FM\K27JY7.071 H27JYPT1 CCOLEMAN on PROD1PC71 with HOUSE July 27, 2006 CONGRESSIONAL RECORD — HOUSE H6001 Owens Ryan (WI) Tanner The SPEAKER pro tempore. The (4) The protections must provide any indi- Oxley Ryun (KS) Tauscher question is on the engrossment and vidual a right to obtain damages and other Pallone Sabo Taylor (MS) relief against any entity for the entity’s im- Pascrell Salazar third reading of the bill. Taylor (NC) proper use or disclosure of individually iden- Pastor Sa´ nchez, Linda Terry The bill was ordered to be engrossed tifiable health information. Payne T. Thomas and read a third time, and was read the (5) The protections must require the use of Pearce Sanchez, Loretta Thompson (CA) third time. Pelosi Sanders Thompson (MS) reasonable safeguards, including audit capa- Pence Saxton Thornberry MOTION TO RECOMMIT OFFERED BY MR. bilities, encryption and other technologies Peterson (MN) Schakowsky Tiahrt DOGGETT that make data unusable to unauthorized Peterson (PA) Schiff Tiberi Mr. DOGGETT. Mr. Speaker, I have a persons, and other measures, against the Petri Schmidt Tierney motion to recommit at the desk. risk of loss or unauthorized access, destruc- Pickering Schwartz (PA) Towns Pitts Schwarz (MI) The SPEAKER pro tempore. Is the tion, use, modification, or disclosure of indi- Turner gentlemen opposed to the bill? vidually identifiable health information. Platts Scott (GA) Udall (CO) Poe Scott (VA) Udall (NM) Mr. DOGGETT. I certainly am, Mr. (6) The protections must provide for notifi- Pombo Sensenbrenner Upton Speaker. cation to any individual whose individually Pomeroy Serrano Van Hollen The SPEAKER pro tempore. The identifiable health information has been Porter Sessions Vela´ zquez lost, stolen, or used for an unauthorized pur- Price (GA) Shadegg Clerk will report the motion to recom- Visclosky pose by the entity responsible for the infor- Price (NC) Shaw mit. Pryce (OH) Shays Walden (OR) The Clerk read as follows: mation and notification by the entity to the Walsh Secretary. Putnam Sherman Mr. Doggett moves to recommit the bill Radanovich Sherwood Wamp (b) LIST OF ENTITIES.—The Secretary shall Wasserman H.R. 4157 to the Committees on Energy and Rahall Shimkus maintain a public list identifying entities Schultz Commerce and Ways and Means with in- Ramstad Shuster whose health information has been lost, sto- Waters structions to report the same back to the Rangel Simmons len, or used in an unauthorized purpose as Regula Simpson Watson House forthwith with the following amend- described in subsection (a)(6) and how many Rehberg Skelton Watt ment: Reichert Slaughter Waxman Amend section 205 to read as follows: patients were affected by such action. Weiner Renzi Smith (NJ) SEC. 205. PRIVACY AND SECURITY PROTECTIONS. (c) CONSTRUCTION.—Nothing in this section Reyes Smith (TX) Weldon (FL) (a) IN GENERAL.—The Secretary of Health shall be construed as superseding, altering, Reynolds Smith (WA) Weldon (PA) and Human Services shall provide for stand- or affecting (in whole or in part) any statute, Rogers (AL) Snyder Weller regulation, order, or interpretation in effect Westmoreland ards for health information technology (as Rogers (KY) Sodrel in any State that affords any person privacy Rogers (MI) Solis Whitfield such term is used in this Act) that include Rohrabacher Souder Wicker the following privacy and security protec- and security protections greater than that Ros-Lehtinen Spratt Wilson (NM) tions: the privacy and security protections de- Ross Stark Wilson (SC) (1) Except as provided in succeeding para- scribed in subsection (a), as determined by Rothman Stearns Wolf graphs, each entity must— the Secretary. Roybal-Allard Strickland Woolsey (A) expressly recognize the individual’s Royce Stupak Wu Mr. DOGGETT (during the reading). Ruppersberger Sullivan Wynn right to privacy and security with respect to Mr. Speaker, I ask unanimous consent Rush Sweeney Young (AK) the electronic disclosure of such informa- that the motion to recommit be consid- Ryan (OH) Tancredo Young (FL) tion; (B) permit individuals to exercise their ered as read and printed in the RECORD. NOES—1 right to privacy and security in the elec- The SPEAKER pro tempore. Is there Paul tronic disclosure of such information to an- objection to the request of the gen- NOT VOTING—14 other entity by obtaining the individual’s tleman from Texas? written or electronic informed consent, There was no objection. Clyburn Evans Lewis (GA) which consent may authorize multiple dis- Crowley Everett McKinney The SPEAKER pro tempore. The gen- closures; and Cubin Fossella Millender- tleman is recognized for 5 minutes. (C) permit an individual to prohibit access Davis, Jo Ann Holt McDonald Mr. DOGGETT. Mr. Speaker, this is Deal (GA) Istook Wexler to certain categories of individuals (as defined by the Secretary) of particularly sen- an important motion for a modest bill. sitive information, including data relating It leaves this bill with an opportunity b 1529 to infection with the human immuno- to move forward today with just one Messrs. WELDON of Florida, deficiency virus (HIV), to mental health, to important change, and that is the addi- CUMMINGS, and INSLEE changed sexually transmitted diseases, to reproduc- tion of vital personal privacy protec- their vote from ‘‘no’’ to ‘‘aye.’’ tive health, to domestic violence, to sub- tion of what should be genuinely per- So the amendment was agreed to. stance abuse treatment, to genetic testing or sonal medical records. information, to diabetes, and other informa- The result of the vote was announced tion as defined by the Secretary after con- In my youth, there was a popular as above recorded. sent has been provided under subparagraph song called ‘‘I Heard it Through the The CHAIRMAN. Under the rule, the (B). Grapevine.’’ These days, it’s ‘‘I saw it Committee rises. (2) Informed consent may be inferred, in on the Internet.’’ In this busy world of Accordingly, the Committee rose; the absence of a contrary indication by the busy bodies and identity theft and and the Speaker pro tempore (Mr. individual— commercial snooping, I believe what a FEENEY) having assumed the chair, Mr. (A) to the extent necessary to provide patient confides to a physician about treatment and obtain payment for health SIMPSON, Chairman of the Committee an ailment, what a young couple tells a care in emergency situations; of the Whole House on the State of the (B) to the extent necessary to provide psychologist about their marriage, Union, reported that that Committee, treatment and payment where the health what prescription a pharmacist pro- having had under consideration the bill care provider is required by law to treat the vides, that highly personal information (H.R. 4157) to amend the Social Secu- individual; should not be spread and read on the rity Act to encourage the dissemina- (C) if the health care provider is unable to Internet. tion, security, confidentiality, and use- obtain consent due to substantial barriers to The consequences of unwanted disclo- fulness of health information tech- communicating with the individual and the sure of personal health information is nology, pursuant to House Resolution provider reasonably infers from the cir- more than embarrassment or humilia- cumstances, based upon the exercise of pro- 952, he reported the bill, as amended fessional judgment, that the individual does tion. It may mean the loss of a job or pursuant to that rule, back to the not object to the disclosure or that the dis- a promotion. It may mean that an indi- House with further sundry amend- closure is in the best interest of the individual refuses to confide necessary in- ments adopted by the Committee of the vidual; and formation to their doctor or avoids Whole. (D) to the extent that the information is health care and critical medical tests The SPEAKER pro tempore. Under necessary to carry out or otherwise imple- because of fear that the information the rule, the previous question is or- ment a medical practitioner’s order or pre- will be disclosed without her consent. dered. scription for health services, medical devices This Administration has shown little or supplies, or pharmaceuticals. Is a separate vote demanded on any (3) The protections must prohibit the im- interest in personal privacy, whether it amendment? If not, the Chair will put proper use and disclosure of individually was the privacy of library records or them en gros. identifiable health information by any enti- phone conversations or veterans’ The amendments were agreed to. ty. records.

VerDate Aug 31 2005 02:03 Jul 28, 2006 Jkt 049060 PO 00000 Frm 00045 Fmt 4634 Sfmt 0634 E:\CR\FM\A27JY7.026 H27JYPT1 CCOLEMAN on PROD1PC71 with HOUSE H6002 CONGRESSIONAL RECORD — HOUSE July 27, 2006 The Federal Government scored a D- Human Services. This year TOM DAVIS, Mr. KENNEDY of Rhode Island. Mr. plus on the 2005 Computer Security Re- the Government Reform Committee, Speaker, will the gentleman yield? port Card, with the Departments of gave a grade to all agencies in the pro- Mr. BARTON of Texas. I yield to the Health and Human Services, Veterans tection of privacy. Do you know what gentleman from Rhode Island. Affairs, and Homeland Security scoring grade TOM DAVIS and your Government Mr. KENNEDY of Rhode Island. Com- an F. And the Administration’s record Reform Committee gave to the Depart- panies that are in the business of stor- on health care privacy is even worse. ment of Health and Human Services? ing patient health information online As the Post disclosed last month, there An F. Now, that is Medicare and Med- are not covered under HIPAA. Are not have been 19,420 complaints during the icaid. That is one quarter of all Ameri- covered under HIPAA. Bush Administration about privacy cans. Now we are taking all private Mr. BARTON of Texas. Mr. Speaker, violations. There have, during this Ad- citizens as well and the Republicans reclaiming my time, they are covered ministration, been almost 20,000 com- are saying ‘‘trust the Department of under adequate laws, and HIPAA is the plaints about invasions of privacy with Health and Human Services.’’ medical privacy law. medical records, and all of that has not What our motion to recommit says is Please vote against the motion to re- resulted in a single civil fine anywhere that every American has the right to commit. in this country under the protections say that their children’s medical Mr. Speaker, I yield the balance of that are available there, and only two records do not have to be put online; my time to the subcommittee chair- criminal cases out of that 20,000. that everyone does not have to know man from the Ways and Means Com- This is not an adequate performance, about it; that they have a right to say mittee, who has worked so tirelessly on and that is why Dr. Deborah Peel, one no, they don’t want those records on- this bill, Mrs. JOHNSON of Connecticut. of my Texas neighbors, and a host of line; that each family can make that Mrs. JOHNSON of Connecticut. Mr. professional and public health organi- decision for themselves. Speaker, remember, adoption of HIPAA zations have urged us to adopt mean- Vote ‘‘aye’’ on the Doggett motion to was a multi-year process, very con- ingful privacy protections in this bill. recommit. troversial, very difficult, 50,000 com- Mr. Speaker, I yield 1 minute to the Mr. BARTON of Texas. Mr. Speaker, ments just on the regulations. gentleman from Rhode Island (Mr. I rise in opposition to the motion to re- The SPEAKER pro tempore. The gen- KENNEDY), who has been such an advo- commit. tlewoman will suspend. cate on this. The SPEAKER pro tempore. The gen- In debate on a motion to recommit, Mr. KENNEDY of Rhode Island. Mr. tleman from Texas is recognized for 5 time is not controlled. Therefore, al- Speaker, I want to ask a few questions minutes. though the gentleman may yield as he to my colleagues about this privacy Mr. BARTON of Texas. Mr. Speaker, pleases, he must remain on his feet. law. I want to compliment my good friends Mr. BARTON of Texas. I know the Do you think it should be a violation who have spoken on this motion to re- rules. I’m supposed to be standing up. I of Federal health privacy law to be commit. I know all three of the gentle- apologize. able to hack into an electronic data- men, and they are fine fellows and fine Mrs. JOHNSON of Connecticut. My base for health information? I think it public servants and believe passion- legislation explicitly does not change should be against the law. But it is not ately in what they speak of. If I were a HIPAA. against the law. doctor on this debate, I believe I would The behavior described of hacking in If a hospital employee accesses your have to recommend they take a Valium and revealing what would be under health record, for example, for a fa- and just calm down. We do not get this HIPAA is a fine of $250,000 and 10 years mous movie star and sells it to a tab- fixed if there is a problem. in jail. So HIPAA is there. It protects loid, do you think that is wrong? Well, Whatever the law is today on medical our privacy. that is not against the law now. If you record privacy, the law is going to be What this bill does is to put in place can allow a hospital information to be tomorrow on medical record privacy. a study to look at what has happened accessible through an information net- Nothing in this bill changes that. This in the States, what has happened be- work, this is now permissible. is a health information technology bill. tween State law and Federal law, to All of these things are permissible We are actually trying to get medical look and see if there are things that under the HIPAA law. And if you do records in our country, the greatest need to be done to create greater com- not like that, you are going to hate Nation the world has ever known, to monality amongst all these laws so what this bill does to HIPAA, which is use technology that many other indus- that the nationwide interoperable going to magnify it 100 times. There is tries and many other groups have al- health information system will protect going to be no protection for privacy ready incorporated into their daily health information to the current or a whatsoever. business routine. higher standard. So in the bill it has to And that is why I ask all of you to Now, there is an ongoing study at be to a higher standard. But we main- join us in the motion to recommit. HHS on privacy. They have received tain current law. There is absolute pro- Your constituents will thank you for it over 50,000 public comments so far. tection. if you vote for the motion to recommit. This bill before us, if it becomes law, And, remember, this specific ap- Mr. DOGGETT. Mr. Speaker, I thank has an implementation period. There is proach was rejected by Donna Shalala the gentleman, and I yield the balance going to be adequate time to come and President Clinton; so do not take of my time to the gentleman from Mas- back, if we need to, with a specific this vote lightly, folks. What you are sachusetts (Mr. MARKEY), who has led medical technology privacy bill. voting for is a radical change in a law the way on privacy issues across this In past Congresses, Mr. MARKEY and I that is terribly important to all of us country. have been co-chairmen of the Privacy and we maintain in this bill. Mr. MARKEY. Mr. Speaker, I thank Caucus in the House, along with Sen- Mr. BARTON of Texas. Mr. Speaker, the gentleman from Texas for his lead- ator SHELBY and Senator DODD in the I yield back the balance of my time. ership on this issue. Senate. I am as strong an advocate of The SPEAKER pro tempore. Without There is no privacy protection in this protecting personal privacy as anybody objection, the previous question is or- bill. We are about to move to an era in this body. I would say Mr. MARKEY dered on the motion to recommit. where all of your drug records, all of and others share the passion just as There was no objection. your psychiatric records, all of your strongly as I do. The SPEAKER pro tempore. The children’s medical records are going The bill before us today is not a pri- question is on the motion to recommit. online. William Butler Yeats, the great vacy bill. This motion to recommit is a The question was taken; and the Irish poet, said that in dreams begin privacy amendment. We should reject Speaker pro tempore announced that responsibility. We have a responsibility it and then move the underlying bill. the noes appeared to have it. to have privacy protections built into And if and when we need to address RECORDED VOTE this bill. medical privacy as a stand-alone issue, Mr. DOGGETT. Mr. Speaker, I de- What do the Republicans say? They there will be adequate time and ade- mand a recorded vote. say trust the Department of Health and quate resources devoted to that. A recorded vote was ordered.

VerDate Aug 31 2005 02:03 Jul 28, 2006 Jkt 049060 PO 00000 Frm 00046 Fmt 4634 Sfmt 0634 E:\CR\FM\K27JY7.078 H27JYPT1 CCOLEMAN on PROD1PC71 with HOUSE July 27, 2006 CONGRESSIONAL RECORD — HOUSE H6003 The SPEAKER pro tempore. Pursu- Chabot Jenkins Porter [Roll No. 416] ant to clause 8 and clause 9 of rule XX, Chocola Jindal Price (GA) Coble Johnson (CT) Pryce (OH) AYES—270 this 15-minute vote on the motion to Cole (OK) Johnson (IL) Putnam Aderholt Gibbons Ney recommit will be followed by 5-minute Conaway Johnson, Sam Radanovich Akin Gilchrest Northup votes on passage of H.R. 4157, if or- Cooper Keller Ramstad Alexander Gillmor Norwood Crenshaw Kelly dered, and the motion to instruct on Regula Allen Gohmert Nunes Culberson Kennedy (MN) Rehberg Bachus Gonzalez Nussle H.R. 2830. Davis (KY) King (IA) Reichert Baird Goode Oberstar The vote was taken by electronic de- Davis, Tom King (NY) Renzi Baker Goodlatte Ortiz Dent Kingston vice, and there were—ayes 198, noes 222, Reynolds Barrett (SC) Gordon Osborne Diaz-Balart, L. Kirk Rogers (AL) Barrow Granger Oxley not voting 12, as follows: Diaz-Balart, M. Kline Rogers (KY) Bartlett (MD) Graves Pearce Doolittle Knollenberg [Roll No. 415] Rogers (MI) Barton (TX) Green (WI) Peterson (MN) Drake Kolbe Rohrabacher Bass Gutknecht Peterson (PA) Dreier Kuhl (NY) AYES—198 Ros-Lehtinen Bean Hall Petri Duncan LaHood Abercrombie Gutierrez Olver Royce Beauprez Harman Pickering Ehlers Latham Ackerman Harman Ortiz Ryan (WI) Berkley Harris Pitts Emerson LaTourette Allen Hastings (FL) Otter Ryun (KS) Biggert Hart Platts English (PA) Leach Andrews Herseth Saxton Bilbray Hastings (WA) Poe Owens Everett Lewis (CA) Baca Higgins Schmidt Bilirakis Hayes Pombo Pallone Feeney Lewis (KY) Baird Hinchey Schwarz (MI) Bishop (GA) Hayworth Porter Pascrell Ferguson Linder Baldwin Hinojosa Sensenbrenner Bishop (UT) Hefley Price (GA) Pastor Fitzpatrick (PA) LoBiondo Barrow Holden Sessions Blackburn Hensarling Paul Flake Lucas Pryce (OH) Bean Holt Shadegg Blunt Herger Payne Foley Lungren, Daniel Putnam Becerra Honda Shaw Boehlert Herseth Pelosi Forbes E. Radanovich Berkley Hooley Shays Boehner Hinojosa Peterson (MN) Fortenberry Mack Ramstad Berman Hoyer Sherwood Bonilla Hobson Pomeroy Foxx Manzullo Regula Berry Inslee Shimkus Bonner Hoekstra Price (NC) Franks (AZ) Marchant Rehberg Bishop (GA) Israel Shuster Bono Hooley Rahall Frelinghuysen McCaul (TX) Reichert Bishop (NY) Jackson (IL) Boozman Hulshof Gallegly McCotter Simmons Renzi Blumenauer Jackson-Lee Rangel Boren Hunter Garrett (NJ) McCrery Simpson Reynolds Boren (TX) Reyes Boucher Hyde Gerlach McHenry Smith (NJ) Rogers (AL) Boswell Jefferson Ross Boustany Inglis (SC) Gibbons McHugh Smith (TX) Rogers (KY) Boucher Johnson, E. B. Rothman Boyd Inslee Gilchrest McKeon Sodrel Rogers (MI) Boyd Jones (NC) Roybal-Allard Bradley (NH) Israel Gillmor McMorris Souder Rohrabacher Brady (PA) Jones (OH) Ruppersberger Brady (TX) Issa Gingrey Mica Stearns Ros-Lehtinen Brown (OH) Kanjorski Rush Brown (SC) Jenkins Gohmert Miller (FL) Sullivan Royce Brown, Corrine Kaptur Ryan (OH) Brown-Waite, Jindal Goode Miller (MI) Sweeney Ruppersberger Butterfield Kennedy (RI) Sabo Ginny Johnson (CT) Goodlatte Miller, Gary Tancredo Ryan (WI) Capps Kildee Salazar Burgess Johnson (IL) Granger Moran (KS) Taylor (NC) Ryun (KS) Capuano Kilpatrick (MI) Sa´ nchez, Linda Burton (IN) Johnson, Sam Graves Murphy Terry Sabo Cardin Kind T. Buyer Keller Green (WI) Musgrave Thornberry Salazar Cardoza Kucinich Sanchez, Loretta Calvert Kelly Gutknecht Myrick Tiahrt Sanchez, Loretta Carnahan Langevin Sanders Camp (MI) Kennedy (MN) Hall Neugebauer Tiberi Saxton Carson Lantos Schakowsky Campbell (CA) Kind Harris Ney Turner Schmidt Case Larsen (WA) Schiff Cannon King (IA) Hart Northup Upton Schwartz (PA) Chandler Larson (CT) Schwartz (PA) Cantor King (NY) Hastings (WA) Norwood Walden (OR) Schwarz (MI) Clay Lee Scott (GA) Capito Kingston Hayes Nunes Walsh Sensenbrenner Cleaver Levin Scott (VA) Carnahan Kirk Hayworth Nussle Wamp Sessions Conyers Lipinski Carson Kline Serrano Hefley Osborne Weldon (FL) Shadegg Costa Lofgren, Zoe Carter Knollenberg Sherman Hensarling Oxley Weldon (PA) Shaw Costello Lowey Castle Kolbe Skelton Herger Pearce Weller Shays Cramer Lynch Chabot Kuhl (NY) Slaughter Hobson Pence Westmoreland Sherwood Cuellar Maloney Chocola LaHood Smith (WA) Hoekstra Peterson (PA) Whitfield Shimkus Cummings Markey Clay Larsen (WA) Snyder Hostettler Petri Wicker Shuster Davis (AL) Marshall Cleaver Latham Solis Hulshof Pickering Wilson (NM) Davis (CA) Matheson Coble LaTourette Simmons Spratt Hunter Pitts Wilson (SC) Davis (FL) Matsui Cole (OK) Leach Simpson Stark Hyde Platts Wolf Davis (IL) McCarthy Conaway Lewis (CA) Skelton Strickland Inglis (SC) Poe Young (AK) Davis (TN) McCollum (MN) Cooper Lewis (KY) Smith (NJ) Stupak Issa Pombo Young (FL) DeFazio McDermott Costa Linder Smith (TX) Tanner DeGette McGovern Cramer Lipinski Smith (WA) Tauscher NOT VOTING—12 Delahunt McIntyre Crenshaw LoBiondo Sodrel Taylor (MS) DeLauro McNulty Clyburn Deal (GA) Lewis (GA) Cuellar Lofgren, Zoe Souder Thompson (CA) Dicks Meehan Crowley Evans McKinney Culberson Lucas Stearns Thompson (MS) Dingell Meek (FL) Cubin Fossella Thomas Davis (FL) Lungren, Daniel Sullivan Doggett Meeks (NY) Tierney Davis, Jo Ann Istook Wexler Davis (KY) E. Sweeney Doyle Melancon Towns Davis (TN) Mack Tancredo Edwards Michaud Udall (CO) b 1603 Davis, Tom Manzullo Tauscher Emanuel Millender- Udall (NM) DeFazio Marchant Taylor (NC) Engel McDonald Van Hollen Mr. BOOZMAN changed his vote from Dent Marshall Terry Eshoo Miller (NC) Vela´ zquez ‘‘aye’’ to ‘‘no.’’ Diaz-Balart, L. Matheson Thompson (CA) Visclosky Diaz-Balart, M. McCarthy Thornberry Etheridge Miller, George Mr. BLUMENAUER changed his vote Farr Mollohan Wasserman Dicks McCaul (TX) Tiahrt Fattah Moore (KS) Schultz from ‘‘no’’ to ‘‘aye.’’ Doolittle McCotter Tiberi Filner Moore (WI) Waters So the motion to recommit was re- Drake McCrery Towns Ford Moran (VA) Watson jected. Dreier McHenry Turner Frank (MA) Murtha Watt Edwards McHugh Udall (CO) Gonzalez Nadler Waxman The result of the vote was announced Ehlers McKeon Upton Gordon Napolitano Weiner as above recorded. Emerson McMorris Walden (OR) Green, Al Neal (MA) Woolsey The SPEAKER pro tempore. The English (PA) Meeks (NY) Walsh Everett Melancon Weldon (FL) Green, Gene Oberstar Wu question is on the passage of the bill. Grijalva Obey Wynn Feeney Mica Weldon (PA) The question was taken; and the Ferguson Miller (FL) Weller NOES—222 Speaker pro tempore announced that Fitzpatrick (PA) Miller (MI) Westmoreland Aderholt Bishop (UT) Brown-Waite, the ayes appeared to have it. Foley Miller, Gary Whitfield Akin Blackburn Ginny Forbes Moore (KS) Wicker Alexander Blunt Burgess RECORDED VOTE Fortenberry Moran (KS) Wilson (NM) Bachus Boehlert Burton (IN) Mrs. JOHNSON of Connecticut. Mr. Foxx Moran (VA) Wilson (SC) Franks (AZ) Murphy Wolf Baker Boehner Buyer Speaker, I demand a recorded vote. Barrett (SC) Bonilla Calvert Frelinghuysen Musgrave Wu Bartlett (MD) Bonner Camp (MI) A recorded vote was ordered. Gallegly Myrick Young (AK) Barton (TX) Bono Campbell (CA) The SPEAKER pro tempore. This Gerlach Neugebauer Young (FL) Bass Boozman Cannon will be a 5-minute vote. NOES—148 Beauprez Boustany Cantor The vote was taken by electronic de- Biggert Bradley (NH) Capito Abercrombie Baca Berman Bilbray Brady (TX) Carter vice, and there were—ayes 270, noes 148, Ackerman Baldwin Berry Bilirakis Brown (SC) Castle not voting 14, as follows: Andrews Becerra Bishop (NY)

VerDate Aug 31 2005 02:03 Jul 28, 2006 Jkt 049060 PO 00000 Frm 00047 Fmt 4634 Sfmt 0634 E:\CR\FM\K27JY7.081 H27JYPT1 CCOLEMAN on PROD1PC71 with HOUSE H6004 CONGRESSIONAL RECORD — HOUSE July 27, 2006 Blumenauer Hoyer Pastor Baldwin Gutknecht Pascrell Bass Graves Norwood Boswell Jackson (IL) Paul Barrow Harman Pastor Beauprez Hall Nunes Brady (PA) Jackson-Lee Pelosi Bartlett (MD) Hart Paul Biggert Harris Osborne Brown (OH) (TX) Pomeroy Bean Hastings (FL) Pelosi Bilbray Hastings (WA) Otter Brown, Corrine Jefferson Price (NC) Becerra Herseth Peterson (MN) Bishop (UT) Hayes Oxley Butterfield Johnson, E. B. Rahall Berkley Higgins Pickering Blackburn Hayworth Pearce Capps Jones (NC) Rangel Berman Hinchey Platts Blunt Hefley Pence Capuano Jones (OH) Reyes Berry Hinojosa Poe Boehner Hensarling Peterson (PA) Cardin Kanjorski Bonilla Herger Ross Bilirakis Holden Pombo Petri Cardoza Kaptur Bishop (GA) Holt Boustany Hobson Rothman Pomeroy Pitts Case Kennedy (RI) Bishop (NY) Honda Bradley (NH) Hulshof Roybal-Allard Porter Price (GA) Chandler Kildee Blumenauer Hooley Price (NC) Brady (TX) Inglis (SC) Rush Pryce (OH) Conyers Kilpatrick (MI) Boehlert Hostettler Rahall Brown (SC) Issa Ryan (OH) Putnam Costello Kucinich ´ Bonner Hoyer Ramstad Burton (IN) Johnson (CT) Sanchez, Linda Radanovich Cummings Langevin Bono Hunter Rangel Buyer Johnson, Sam T. Reynolds Davis (AL) Lantos Sanders Boozman Hyde Regula Camp (MI) Keller Davis (CA) Larson (CT) Campbell (CA) King (IA) Rogers (AL) Schakowsky Boren Inslee Rehberg Davis (IL) Lee Cannon Kline Rogers (KY) Schiff Boswell Israel Reichert DeGette Levin Boucher Jackson (IL) Cantor Knollenberg Ros-Lehtinen Scott (GA) Renzi Delahunt Lowey Boyd Jackson-Lee Chabot Kolbe Ryan (WI) Scott (VA) Reyes DeLauro Lynch Brady (PA) (TX) Chocola Latham Ryun (KS) Serrano Rogers (MI) Dingell Maloney Brown (OH) Jefferson Cole (OK) Lewis (CA) Sensenbrenner Sherman Rohrabacher Doggett Markey Brown, Corrine Jenkins Conaway Lewis (KY) Slaughter Ross Sessions Doyle Matsui Brown-Waite, Jindal Crenshaw Linder Snyder Rothman Shadegg Duncan McCollum (MN) Ginny Johnson (IL) Culberson Lucas Solis Roybal-Allard Shimkus Emanuel McDermott Burgess Johnson, E. B. Royce Diaz-Balart, L. Lungren, Daniel Shuster Engel Spratt Diaz-Balart, M. McGovern Butterfield Jones (NC) Ruppersberger E. Simpson Eshoo McIntyre Stark Calvert Doolittle Mack Jones (OH) Rush Smith (TX) Etheridge McNulty Strickland Capito Kanjorski Drake Marchant Ryan (OH) Stearns Farr Meehan Stupak Capps Kaptur Ehlers McCaul (TX) Sabo Terry Fattah Meek (FL) Tanner English (PA) McCrery Capuano Kelly Salazar Filner Michaud Taylor (MS) Feeney McHenry Thomas Cardin Kennedy (MN) Sa´ nchez, Linda Flake Millender- Thompson (MS) Flake McKeon Tiahrt Cardoza Kennedy (RI) T. Ford McDonald Tierney Foxx McMorris Tiberi Carnahan Kildee Sanchez, Loretta Frank (MA) Miller (NC) Udall (NM) Franks (AZ) Mica Walden (OR) Carson Kilpatrick (MI) Sanders Garrett (NJ) Miller, George Van Hollen Carter Kind Frelinghuysen Miller (FL) Weldon (FL) Saxton Gingrey Mollohan Vela´ zquez Case King (NY) Garrett (NJ) Miller, Gary Westmoreland Schakowsky Green, Al Moore (WI) Visclosky Castle Kingston Gillmor Musgrave Whitfield Schiff Green, Gene Murtha Wamp Chandler Kirk Gingrey Myrick Wicker Schmidt Grijalva Nadler Wasserman Clay Kucinich Goodlatte Neugebauer Wilson (SC) Schwartz (PA) Gutierrez Napolitano Schultz Cleaver Kuhl (NY) Granger Northup Young (AK) Schwarz (MI) Hastings (FL) Neal (MA) Waters Coble LaHood Scott (GA) Higgins Obey Watson Conyers Langevin NOT VOTING—21 Scott (VA) Hinchey Olver Watt Cooper Lantos Ackerman Evans McKinney Serrano Holden Otter Waxman Costa Larsen (WA) Clyburn Fossella Melancon Shaw Holt Owens Weiner Costello LaTourette Crowley Gutierrez Payne Shays Honda Pallone Woolsey Cramer Leach Cubin Hoekstra Spratt Sherman Hostettler Pascrell Wynn Cuellar Lee Davis, Jo Ann Istook Strickland Sherwood Cummings Levin Deal (GA) Larson (CT) Thornberry Simmons NOT VOTING—14 Davis (AL) Lipinski Emanuel Lewis (GA) Wexler Skelton Clyburn Evans Payne Davis (CA) LoBiondo Slaughter Crowley Fossella Pence Davis (FL) Lofgren, Zoe b 1621 Smith (NJ) Cubin Istook Thomas Davis (IL) Lowey Smith (WA) Mr. MARCHANT changed his vote Davis, Jo Ann Lewis (GA) Wexler Davis (KY) Lynch Deal (GA) McKinney Davis (TN) Maloney Snyder from ‘‘yea’’ to ‘‘nay.’’ Davis, Tom Manzullo Sodrel So the motion to instruct was agreed Solis b 1611 DeFazio Markey to. DeGette Marshall Souder So the bill was passed. Delahunt Matheson Stark The result of the vote was announced The result of the vote was announced DeLauro Matsui Stupak as above recorded. Dent McCarthy Sullivan A motion to reconsider was laid on as above recorded. Dicks McCollum (MN) Sweeney The title of the bill was amended so Dingell McCotter Tancredo the table. as to read: ‘‘A Bill to promote a better Doggett McDermott Tanner f health information system.’’. Doyle McGovern Tauscher Dreier McHugh Taylor (MS) AUTHORIZING REPAIR OF MACE A motion to reconsider was laid on Duncan McIntyre Taylor (NC) OF HOUSE OF REPRESENTATIVES the table. Edwards McNulty Thompson (CA) Emerson Meehan Thompson (MS) Mr. BOEHNER. Mr. Speaker, I offer a f Engel Meek (FL) Tierney resolution (H. Res. 957) and I ask unan- Eshoo Meeks (NY) Towns MOTION TO INSTRUCT CONFEREES Etheridge Michaud Turner imous consent for its immediate con- ON H.R. 2830, PENSION PROTEC- Everett Millender- Udall (CO) sideration. Udall (NM) TION ACT OF 2005 Farr McDonald The Clerk read the resolution, as fol- Fattah Miller (MI) Upton lows: The SPEAKER pro tempore. The un- Ferguson Miller (NC) Van Hollen Filner Miller, George Vela´ zquez Resolved, finished business is the vote on the mo- Fitzpatrick (PA) Mollohan Visclosky SECTION 1. REPAIR OF MACE OF HOUSE OF REP- tion to instruct on H.R. 2830 offered by Foley Moore (KS) Walsh RESENTATIVES. the gentleman from California (Mr. Forbes Moore (WI) Wamp (a) DELIVERY FOR REPAIR.—The Sergeant Ford Moran (KS) Wasserman GEORGE MILLER) on which the yeas and at Arms of the House of Representatives is Fortenberry Moran (VA) Schultz authorized and directed, on behalf of the nays are ordered. Frank (MA) Murphy Waters The Clerk will redesignate the mo- Gallegly Murtha Watson House of Representatives, to deliver the tion. Gerlach Nadler Watt mace of the House of Representatives, fol- Gibbons Napolitano Waxman lowing an adjournment of the House pursu- The Clerk redesignated the motion. Gilchrest Neal (MA) Weiner ant to concurrent resolution, to the Sec- The SPEAKER pro tempore. The Gohmert Ney Weldon (PA) retary of the Smithsonian Institution only question is on the motion to instruct. Gonzalez Nussle Weller for the purpose of having necessary repairs This will be a 5-minute vote. Goode Oberstar Wilson (NM) made to the mace and under such cir- Gordon Obey Wolf The vote was taken by electronic de- Green (WI) Olver Woolsey cumstances as will assure that the mace is vice, and there were—yeas 285, nays Green, Al Ortiz Wu properly safeguarded. 126, not voting 21, as follows: Green, Gene Owens Wynn (b) RETURN.—The mace shall be returned to Grijalva Pallone Young (FL) the House of Representatives before noon on [Roll No. 417] the day before the House next reconvenes YEAS—285 NAYS—126 pursuant to concurrent resolution or at any Abercrombie Allen Baca Akin Bachus Barrett (SC) sooner time when so directed by the Speaker Aderholt Andrews Baird Alexander Baker Barton (TX) of the House of Representatives.

VerDate Aug 31 2005 02:03 Jul 28, 2006 Jkt 049060 PO 00000 Frm 00048 Fmt 4634 Sfmt 0634 E:\CR\FM\A27JY7.029 H27JYPT1 CCOLEMAN on PROD1PC71 with HOUSE July 27, 2006 CONGRESSIONAL RECORD — HOUSE H6005 The SPEAKER pro tempore. Is there times to bring 5-minute special orders Ms. WOOLSEY. I yield to the gentle- objection to the request of the gen- on bringing our troops home from Iraq. woman from Ohio. tleman from Ohio? But what I have learned about him be- Ms. KAPTUR. Mr. Speaker, I thank There was no objection. cause he is here every night while we the gentlewoman for yielding to me, The resolution was agreed to. are doing our Special Orders, that his and I want to add my words of great A motion to reconsider was laid on job in keeping this House floor to- compliment and appreciation to Tim the table. gether, to keep Members on the Friedman, a true gentleman who has served this House with such distinction f straight and narrow and knowing what we are doing and what we are not sup- for over three decades of his life. His HOUR OF MEETING ON TOMORROW posed to do, like talking on our cell career here represents the highest level Mr. BOEHNER. Mr. Speaker, I ask phones on the floor, he does with good of public service, and members of his unanimous consent that when the humor, he does with good grace. family, his children, his relatives, all House adjourns today, it adjourn to But his most important chore, and I of his friends here, all the Members of meet at 10 a.m. tomorrow. think he has always known this with Congress that he has served and the The SPEAKER pro tempore. Is there me, has been to find my fountain pens American people should know this man objection to the request of the gen- when I lose them. Actually, he can find because so many of the really top qual- tleman from Ohio? a real fountain pen. I have a bit of a ity staff members who serve the Nation There was no objection. fetish for nice fountain pens. He finds do not get the kind of recognition that other people’s, and he thinks they are they genuinely deserve. f mine because I so often lose mine. But I want to thank him for his gentle- CALLING FOR CEASE-FIRE IN he also finds things that other Mem- manly demeanor, being a true man of LEBANON bers of the House lose. He is a real the House, and for helping us build a sleuth, and he finds them, he knows better Nation and world. Your service (Mr. MCDERMOTT asked and was who they belong to, he lets us know has been exemplary. Thank you on be- given permission to address the House that he has got them. half of the Nation and thank you on be- for 1 minute and to revise and extend Mr. Speaker, even though he is start- half of the people of Ohio as well, all of his remarks.) ing a new chapter in his life, even whom you have served with such dis- Mr. MCDERMOTT. Mr. Speaker, yes- though he is leaving us, we know that tinction. Congratulations. God bless terday a number of countries met in he has been here and we will always re- you and may the future be even bright- Rome and they discussed what ought to member how he has treated every sin- er than the years that you spent here. happen between or in Lebanon, and gle one of us. I am glad that he was Mr. Speaker, I thank the gentle- they came to a decision there ought to part of this chapter in my life. woman from California for yielding to be a cease-fire, except one country said Mr. ROTHMAN. Mr. Speaker, will the me on behalf of such a fine and good no, it was the United States of Amer- gentlewoman yield? man. ica. Ms. WOOLSEY. I yield to the gen- Ms. WOOLSEY. Mr. Speaker, in con- Mr. Speaker, how can it be that the tleman from New Jersey. clusion, Tim, thank you for taking United States of America can condone Mr. ROTHMAN. Mr. Speaker, I would care of us. Thank you for being you, the continuation of people dying on like to join the gentlewoman from and thank you for being in this chapter both sides of the line? The explanation California in acknowledging and hon- of my life. of who started it or who won’t stop or oring our friend, Tim Friedman, for all f who is at fault or when it started or all his 30-plus years of service to the THREE FATHERS—THREE STOLEN that must be decided at a peace table. House of Representatives. As long as people are dying, the peace I have been here now 10 years, Mr. CHILDREN table is going to be harder and harder Speaker, and I can you I have asked a The SPEAKER pro tempore. Under a and harder to work out. The sooner we great deal of Mr. Friedman, how to get previous order of the House, the gen- bring the parties to the table, the bet- from place to place, what the votes are tleman from Texas (Mr. POE) is recog- ter off the whole world will be, not just going to be, asking him his advice on nized for 5 minutes. Lebanese, not Israelis, everyone in the all kinds of family matters, frankly, to Mr. POE. Mr. Speaker, I want to talk world will be better off if we have a whether to go home for that soccer about three stolen children and three cease-fire. Please, Mr. President, listen game or that school play. And he al- fathers. to us. ways gave me the right answer: Go Adam Walsh, a 6-year-old in Holly- wood, Florida, disappeared on July 27, f home and be with your kids, and we will take care of the institution. 1981, from a shopping store. His mother SPECIAL ORDERS Mr. Friedman has been an exemplary told him to play video games while she paid for a lamp. When she turned The SPEAKER pro tempore. Under servant to this institution and to this around, he had disappeared from the the Speaker’s announced policy of Jan- country. And for 30-plus years of serv- store. Apparently, the management uary 4, 2005, and under a previous order ice, I want to thank him and his family had told him to leave. of the House, the following Members for all of the sacrifice that he has expended on behalf of our country. On August 10, 1981, Adam’s decapi- will be recognized for 5 minutes each. tated head was found in the water at f b 1630 Vero Beach, Florida. The rest of his re- I want to say one other word. Tim is HONORING TIM FRIEDMAN mains have never been found. part of a team on our side of the aisle Otis Toole, a serial killer, confessed The SPEAKER pro tempore. Under a that makes our work possible. I know to killing Adam in 1983. Police were previous order of the House, the gentle- on the other side of the aisle there is a not sure he was the killer, although he woman from California (Ms. WOOLSEY) terrific team of people helping our confessed again, but later recanted. is recognized for 5 minutes. friends on the other side of the aisle. Toole died in 1996 on death row for Ms. WOOLSEY. Mr. Speaker, I rise So Tim represents the finest in public other crimes, and Adam’s murder tech- today to talk about Tim Friedman who service, and I want to wish him and his nically remains unsolved. is leaving this body to start a new life, family a wonderful retirement, and His father, John Walsh, partner in a one a lot more relaxing I am sure. But from the bottom of my heart, Tim, a hotel management company, lived the I can tell him, he won’t be surrounded sincere and grateful thank you for all ‘‘All-American Dream’’ with his family by as many people that absolutely ad- you have done for me and for the in Hollywood, Florida, but the effect of mire and like him like he is day in and Democratic Party, for the Democrats his son’s death, Adam, was dev- day out here. here, for the United States Congress astating. He lost everything, not only I have gotten to know this man. He and the people of this country. his business, his home, but his pride, has been here for 30 years, but I have Thank you, Tim Friedman. Adam Walsh. gotten to know him over the past 2 Ms. KAPTUR. Mr. Speaker, will the He began campaigning for missing years while I have come to the floor 165 gentlewoman yield? and exploited children, and his drive

VerDate Aug 31 2005 02:03 Jul 28, 2006 Jkt 049060 PO 00000 Frm 00049 Fmt 4634 Sfmt 0634 E:\CR\FM\K27JY7.088 H27JYPT1 CCOLEMAN on PROD1PC71 with HOUSE H6006 CONGRESSIONAL RECORD — HOUSE July 27, 2006 created the Missing Children Assist- The effect of her death has helped It has paid off. Eighty-four percent of ance Act of 1984, which established the him to also work for children. He is Big Oil’s more than $10 million in polit- National Center for Missing and Ex- helping get Jessica’s Law passed in 18 ical contributions for this November’s ploited Children. Also, John and his States, which increases the minimum elections have gone to Republicans, 84 wife established the Adam Walsh Child penalty for sex offenders to 25 years for percent. Is it any wonder who the Re- Resource Center, and he has been host first offenders. publican energy bill really serves? on ‘‘America’s Most Wanted’’ since Mr. Speaker, these three fathers from Too many of my Republican col- 1988. This TV program helps capture three different backgrounds had a child leagues are addicted to oil company the worst criminals in America. He stolen from them by a child predator. campaign contributions. still is married and he has three chil- As a father of four and a grandfather of We need to reject the failed policies dren now, and he works daily to pro- five, there would be nothing worse than of the past. We need to build a brighter tect our children. to have a child murdered. future of greater energy independence Polly Klaas was abducted from her I know all three of these fathers. In by using energy smarter, investing in bedroom in the middle of the night on fact, two of them are in Washington new, job-creating energy technologies October 1, 1993, by Richard Allen Davis today. They are still fighting for kids, and, for instance, making my State of in California. He later strangled her and they are here today because the Ohio the Silicon Valley of alternative and sexually assaulted her, and in De- President signed the Adam Walsh Child energy. cember of that year, Davis led police to Safety Act to toughen up registration f her body, and they discovered that she of child predators. The SPEAKER pro tempore (Mr. had been buried alive. Davis, a pre- Twenty-five years ago today, Adam POE). Under a previous order of the viously convicted felon, was sentenced Walsh was kidnapped. House, the gentleman from Nebraska to death in September 1996. He is on Mr. Speaker, children are our great- (Mr. OSBORNE) is recognized for 5 min- death row now in California waiting to est resource, and every time a child is utes. be executed, as he needs to be. born, God is making a bet on the future (Mr. OSBORNE addressed the House. Marc Klaas, her father, worked in a of our culture. We are not judged by His remarks will appear hereafter in Hertz car rental center in San Fran- the way we treat the rich, the famous, the Extensions of Remarks.) cisco prior to her death. Memories of the powerful, the influential. We as a f his daughter Polly were sitting on the society are judged by the way we treat couch, watching her favorite show the weak, the innocent, the children. HONORING DR. ROCH DOLIVEUX ‘‘The Simpsons.’’ She had a love for The voices of these three children, Mr. GINGREY. Mr. Speaker, I ask performing. She also loved to play her the roll call of the dead, Jessica, Polly unanimous consent to speak out of clarinet and would have loved to have and Adam, call from the graves for jus- turn. been an actress. tice. America must be the land that The SPEAKER pro tempore. Without But the effect of her death, Mr. concerns itself with the protection of objection, the gentleman from Georgia Speaker, in the words of her father, its children, and we must win this war is recognized for 5 minutes. Marc, he said, ‘‘I wanted to be dead for against those child terrorists who steal There was no objection. 10 years. No one has affected my life so the lives of our children. Mr. GINGREY. Mr. Speaker, today I positively and nothing has affected my And that’s just the way it is. rise to commend a fine constituent of life so negatively.’’ f the 11th District of Georgia, Dr. Roch After her abduction and murder, Doliveux. Dr. Doliveux is the chief ex- Marc gave up his business and dedi- REPORT ON RESOLUTION WAIVING ecutive officer of UCB, Incorporated, a cated his life to protecting our chil- REQUIREMENT OF CLAUSE 6(a) leading global biopharmaceutical com- dren. He is the founder of the Klaaskids OF RULE XIII WITH RESPECT TO pany with facilities in my district, the Foundation, a nonprofit organization; CONSIDERATION OF CERTAIN 11th of Georgia, in the town of Smyrna. and in 1994, he was instrumental in es- RESOLUTIONS Earlier this year, Dr. Doliveux re- tablishing the ‘‘three strikes, you’re Mr. HASTINGS of Washington, from ceived the Epilepsy Foundation’s Dis- out’’ law in California. A third felony the Committee on Rules, submitted a tinguished Achievement Award in New conviction means those criminals go to privileged report (Rept. No. 109–606) on York City. The Epilepsy Foundation prison for 25 years to life. the resolution (H. Res. 958) waiving a annually recognizes individuals who Mr. Speaker, number three, Jessica requirement of clause 6(a) of rule XIII have made outstanding efforts on the Lunsford, 9-year-old girl in Florida. with respect to consideration of certain behalf of those living with epilepsy. She was abducted also from her bed- resolutions reported from the Com- As the CEO of UCB, Incorporated, Dr. room on February 23, 2005, by a repeat mittee on Rules, which was referred to Doliveux has spearheaded his com- sex offender, John Couey. This oc- the House Calendar and ordered to be pany’s efforts to raise awareness of this curred in Homosassa, Florida. He re- printed. disease, and he has leveraged its re- peatedly sexually assaulted her, and f sources to develop and provide medi- then he buried her alive in his back- cines to help patients return to their yard. ENERGY BILL ANNIVERSARY daily activities. It is interesting to note that ‘‘Amer- BRINGS PAIN AT THE PUMP In our country, epilepsy affects 2.7 ica’s Most Wanted’’ helped capture this (Mr. BROWN of Ohio asked and was million Americans and their families. individual. given permission to address the House Mr. Speaker, epilepsy is a seizure dis- On March 18, 2005, Couey confessed to for 1 minute.) order that can develop at any time in raping and killing Jessica and told po- Mr. BROWN of Ohio. Mr. Speaker, to- life, and it can stem from a variety of lice where she was buried. He is wait- morrow is the first anniversary of the causes; but it is always a costly and ing trial; and, hopefully, the folks in House passage of the Bush energy bill. frequently debilitating disease. Florida will administer their correc- Our Republican colleagues probably That is why, as a physician Member, tive punishment, the death penalty, in want to take a victory lap, but they I am so proud to stand on the floor of his case. just cannot afford the gas. Gas prices, this body and extend my congratula- Mark Lunsford, her father, normal you see, in that 1 year are 71 cents tions to Dr. Doliveux for his fine work guy. In fact, he moved to Florida to higher today than they were 12 months on behalf of the Epilepsy Foundation. protect his children. He was in the ago. f Army after high school and he loved The Republican energy bill fails his kids. He just worked as a heavy American consumers by design. IS PEACE POSSIBLE? equipment operator at a recycling cen- They moved it a year ago, even Ms. KAPTUR. Mr. Speaker, I ask ter. He says about his daughter that though they knew it would grow our unanimous consent to address the she loved to work with him and operate dependence on foreign oil because it of- House. this heavy equipment. They took care fered $85 billion in consumer subsidies The SPEAKER pro tempore. Without of each other because that is what fam- to Big Oil and the other Republican objection, the gentlewoman from Ohio ilies do. corporate campaign donors. is recognized for 5 minutes.

VerDate Aug 31 2005 02:03 Jul 28, 2006 Jkt 049060 PO 00000 Frm 00050 Fmt 4634 Sfmt 0634 E:\CR\FM\K27JY7.090 H27JYPT1 CCOLEMAN on PROD1PC71 with HOUSE July 27, 2006 CONGRESSIONAL RECORD — HOUSE H6007 There was no objection. I can tell you that the southern part years later, he became involved again Ms. KAPTUR. Mr. Speaker, I rise of Lebanon that is the object of the in- in a decidedly more devious scheme this evening to tell a little story. vasion right now is an area where de- that kept a murderous dictator living This week, a wonderful family from velopment was not allowed to occur, in high style with his millions of dol- my district in Ohio brought to Wash- where the west literally backed away lars from Saddam Hussein to take care ington a little sketch that they left and allowed the forces of Hezbollah to of his ‘‘expenses’’ and his ‘‘people,’’ as with me. It is a scene from inside a gain greater and greater footing. And he called them. home, and a little boy is standing at a we are yielding the policies of isolation During this time that he was on Sad- window holding what looks like a pray- that allowed this to occur. dam Hussein’s payroll, Park met 20 er book. He is looking out this window So I would say to my colleagues, I times with U.N. Secretary General into a sunlit day, and outside the win- would say to people of good conscience Boutros-Ghali at his personal resi- dow are these beautiful, beautiful apple everywhere, now is the time to stand dence. Apparently, despite his corrupt trees. up to stop the killing on all sides in a past, his friendship and guidance were You do not realize as you are looking part of the world where the soils are sought by Boutros-Ghali and his Under at this child, who may be 4 years old or blood drenched from Bethlehem to Secretary, Maurice Strong. so, looking outside his window, you do Gaza to northern Israel, and Haifa now, The Oil-for-Food program was the not realize that what is walking by his to southern Lebanon again. Haven’t we brain child of Boutros-Ghali and window are bayonets pointed straight had enough of killing one another? Strong. And shortly before the pro- up, because in the way the artist has I would urge the Secretary of State, gram was finalized, Strong took nearly drawn the picture, the gun butts par- the President of the United States, the $1 million from Park. A payment that allel the trunks of the apple trees. Members of this Congress who are Strong forgot until he was shown the You look at this picture and it causes going to be leaving Washington tomor- check. Mr. Strong went on to serve you to pause, and in the distance in the row in this House and I guess next Kofi Annan in a high-ranking capacity sky, you see a small bird flying, a bird week in the other body, to devote your as his personal envoy to the Korean pe- of peace. August to thinking how we can all be ninsula, where he was advised on North As I watch what is happening in the voices to stop the killing and to call Korean issues by Park. Middle East and the carnage that for a ceasefire on all sides for the sake In all likelihood, Park, at 71 years of comes over our television screens every of the world. Surely we are destroying age, will serve extensive prison time evening, I cannot help but ask myself, a part of the earth that will take gen- for his crimes. Further trials for his co- what is wrong with humankind that we erations to restore, and we every day conspirators are scheduled for this No- cannot stop the killing? Is the United are watching young people and inno- vember. States of America so strong militarily cence killed by the hundreds and thou- Unfortunately, the U.N. continues to that it also cannot be strong morally sands. Can’t the world do better than protect some of the most egregious of- and stand up and say to those involved, this? fenders, including Oil-for-Food Direc- Cease fire? Cease fire on all sides, now, I think about the drawing of the lit- tor Ben Sevan, who allegedly took now. Would the world not stand with tle boy looking out the window at a some $147,000 in payoffs. Sevan has us? Why should the United States not beautiful sky and apple trees with the claimed that he is innocent, but he has just be silent but step away, step away bayonets walking by. fled to Cyprus to avoid extradition. for all the thousands and thousands The innocent defend themselves in the f and thousands of young people whose court of public opinion or the court of The SPEAKER pro tempore. Under a futures are being destroyed, whose law, but Mr. Sevan, instead, chooses to previous order of the House, the gen- countries are being leveled? hide, living off his illicit gains. tleman from Maryland (Mr. GILCHREST) In the Palestinian Authority, in Hundreds of other individuals inside is recognized for 5 minutes. Israel, in Lebanon, I say to myself, and outside the U.N. were involved in (Mr. GILCHREST addressed the what is it about human nature that the kickbacks and payoffs of the Oil- House. His remarks will appear here- makes us as creatures so marauding for-Food scandal, so I applaud the work after in the Extensions of Remarks.) and so hateful and apparently so in- of the Federal prosecutors who will capable of saying drop the bayonets, f continue to bring down indictments, but they need full cooperation of the just for a day, just to see if peace is U.N. OIL FOR FOOD SCANDAL possible? U.N. if they are to bring justice to I am just appalled at what is hap- Mr. GARRETT of New Jersey. Mr. those individuals who contributed to pening. I look at our world, I look at Speaker, I ask unanimous consent to Saddam Hussein’s reign of terror. all of its leaders, I look at all of our address the House for 5 minutes. Now, despite the fact that the cor- material wealth, all of the arms, the The SPEAKER pro tempore. Without ruption reached the highest levels of bunker-buster bombs that are on their objection, the gentleman from New the U.N., the U.N. has yet to take up way, and I say to myself, I thought the Jersey is recognized for 5 minutes. important reforms that would prevent 20th century was the century of utter There was no objection. such problems in the future. Reform, destruction and that we had finally Mr. GARRETT of New Jersey. Mr. though badly needed throughout this contained those forces in the world Speaker, recently in a Manhattan Fed- organization, has been stalled by a that were so harmful to human life, eral Court, we saw the first conviction group of countries that include some of and that when we turned the new page worldwide in the Iraqi Oil-for-Food the worst human rights offenders in on the new millennium, we would usher scandal. Billions of dollars illicitly the world, those who daily ignore the in a millennium of peace, and now this. passed between one of the world’s most lofty goals of the U.N. If the U.N. is to notorious dictators, Saddam Hussein, fulfill its mandate to be an organiza- b 1645 over 2,200 companies worldwide, and tion that promotes peace, freedom, and I would urge the President of the top officials of the U.N. Now, more prosperity, then it must set an example United States to not just look at the than 3 years after the scandal was of clean ethnics and not of dirty cor- military side of the equation but to brought to light, Tongsun Park, a Ko- ruption that keeps men and women deeply consider both political and dip- rean national, is now the only indi- around the world in poverty and slav- lomatic efforts, initially through back vidual who has been tried for those ery. channels. No country should be iso- gross crimes. The Oil-for-Food scandal completely lated, whether it is Lebanon or Syria, Mr. Park is a familiar player in the undermined the work of the sanctions or Jordan or Iran. Because out of isola- game of corruption, having been heav- against Iraq and provided the means tion, even in a marriage, comes an icy ily involved in the 1970s Congressional that, in all likelihood, continue to fuel standoff and no resolution. It is no dif- bribery scandal known as Koreagate. In the work of terrorists in Iraq. There ferent with countries. You cannot have that case, he saved himself from prison must be justice for Saddam’s victims, that kind of icy standoff and think the by turning States evidence, but instead and the U.N. should not stand in the world will be at peace. of taking this near miss as a lesson, 20 way of that justice being administered.

VerDate Aug 31 2005 02:03 Jul 28, 2006 Jkt 049060 PO 00000 Frm 00051 Fmt 4634 Sfmt 0634 E:\CR\FM\K27JY7.093 H27JYPT1 CCOLEMAN on PROD1PC71 with HOUSE H6008 CONGRESSIONAL RECORD — HOUSE July 27, 2006 The SPEAKER pro tempore. Under a oil fields and gas fields in the Middle States Air Force, but, Mr. Speaker, I previous order of the House, the gen- East and in Africa. An individual, one will say that I am hoping this year in tleman from Illinois (Mr. EMANUEL) is guy, got so much money from the conference between the House and recognized for 5 minutes. ExxonMobil from them bleeding extor- the Senate that the Senate will accept (Mr. EMANUEL addressed the House. tionate profits out of the American the House position. His remarks will appear hereafter in people, that he can afford to buy his Let me just take a couple of mo- the Extensions of Remarks.) own oil and gas fields. And certainly, I ments to read a comment. Again, this f am sure, he will sell the capacity to his bill has been introduced for 3 years and OIL COMPANIES REPORT RECORD former employer, ExxonMobil, who will the bill number has changed for 3 PROFITS then mark it up handsomely, and they years, but this statement I want to all come out ahead. The only losers are read is from the Honorable Wade Sand- Mr. DEFAZIO. Mr. Speaker, I ask the American consumers. ers, Deputy Assistant Secretary of the unanimous consent to replace Mr. We need both a short-term and a Navy for Reserve Affairs from 1993– EMANUEL. long-term plan. We need a short-term 1998. This is what the Honorable Wade The SPEAKER pro tempore. Without plan to stop the profiteering and price Sanders said. objection, the gentleman from Oregon gouging. We need to regulate oil trad- ‘‘As a combat veteran and former is recognized for 5 minutes. Naval officer, I understand the impor- There was no objection. ing like we do other commodities. We Mr. DEFAZIO. Well, today was a big need to put a windfall tax on these tance of the team dynamic, and the im- day on Wall Street. The oil companies, companies unless they are investing portance of recognizing the contribu- the three biggest oil companies, have their ill-gotten gains, their excess prof- tion of team components. The Navy reported record profits. They are up an its in new refinery capacity, in new and Marine Corps team is just that, a average of 30 percent over this quarter production, and in alternate fuels. dynamic partnership, and it is impor- last year. They are making $200 million And then we need a long-term plan to tant to symbolically recognize the bal- a day in profit. make America energy independent and ance of that partnership.’’ Now, you would think if the price of energy efficient. The so-called Bush en- Mr. Speaker, there has been an Inter- crude oil went up, it might squeeze ergy plan will have us importing more net site that has been established, not their margins a little bit. No, they are oil from the Middle East. Imagine that, by me or by my office, but by an inde- working hand in glove with OPEC and more oil from the Middle East 10 years pendent entity. Today, I went on that the other producers around the world, from today than we are today. That is Internet site and I want to read, again and they actually get a premium. For a great place to be dependent upon. for the record, a statement from First every dollar a barrel it goes up, they The Iranians are profiting tens of bil- Lieutenant Marine Corps Retired Gen- add on a little bit more at the pump. lions of dollars from these high prices. eral Merna. They have closed down a large num- Aren’t they part of the axis of evil? He said, ‘‘I am one of five brothers ber of refineries across America at the The Bush policy is facilitating billions who served in the military: Three Ma- recommendation of the American Pe- of dollars to the mullahs in Iran. rines, all Korean War veterans; I am troleum Institute. They had a memo 10 It is time for America to get smart, also a Vietnam veteran; two Navy years ago that they sent out to all and it is time for our government to brothers, one a Korean War veteran their members in the oil industry say- lead the way to energy efficiency, en- and the other paid the supreme sac- ing there are too many refineries; the ergy independence, and clamp down on rifice in World War II when his LST–577 profits aren’t there. If you close down big oil. But we know that won’t hap- was sunk by a Japanese submarine. some of these refineries, you could pen, because 85 percent of the contribu- Our uncle was a World War II Marine, claim there was insufficient capacity tions of the oil and gas industry went and even our Dad spent a brief time in and you could drive up your profits to the Republican Party. And they the Army Air Corps in World War II. It dramatically. were incredibly generous to the Presi- may be difficult for non-Marine fami- In the last year, profits for refineries dent in his last election. And, of lies to understand why this long over- are up 60 percent in 1 year. Now, that course, both he and DICK CHENEY are due legislation is such a burning issue is $200 million a day out of the pockets from that industry. for Marines; it is of paramount interest of American consumers, American But with a change in Congress and a to our community of Marines. business, stifling our economy, causing change in direction, all those things The reasoning for this legislation families to cancel vacations or change could happen here and, hopefully, they comes close to explaining why this their plans, and people are having a will, in the interest of our country and needs to be done. Simply put, Marines hard time filling up their tank that not a treasured few of the President’s have earned the right to their own live in rural areas in my district just friends. identity, while loving and recognizing to get to work. f our brothers and sisters in arms from But the oil company execs and their all of the military services who already CHANGING THE DEPARTMENT OF stockholders, why, they are doing just have this distinction.’’ THE NAVY fine. Exxon Mobil has so much cash on The point that he was making is, if hand they don’t know what to do with Mr. JONES of North Carolina. Mr. you think about it, we have a Depart- it; over $20 billion of cash. They are not Speaker, I ask unanimous consent that ment of Army and a Secretary of investing in new production, new I might speak for 5 minutes. Army. Think about it, we have a De- sources of energy, or new refineries. The SPEAKER pro tempore. Without partment of the Air Force with a Sec- Hey, they like it the way it is with the objection, the gentleman from North retary of the Air Force. You think so-called refinery shortage. It is a good Carolina is recognized for 5 minutes. about the Department of Navy, which excuse to gouge people at the pump. There was no objection. the Navy and the Marines are a team, No, they are just plowing it back into Mr. JONES of North Carolina. Mr. and yet it is a Department of Navy and their execs pockets and hanging onto Speaker, I have the privilege of rep- a Secretary of Navy. cash and then buying back stock to resenting Camp Lejeune Marine Base Mr. Speaker, I have to my left orders drive up the value of their stock op- and also Cherry Point Marine Air Sta- for a citation of a Silver Star for a Ma- tions. The recently retired CEO of tion, and for 3 years this House of Rep- rine that was killed in Nasiriyah dur- Exxon Mobil, Lee Raymond, just re- resentatives, in a bipartisan way, has ing this war in Iraq. tired a couple of months ago, they gave offered and accepted and passed legisla- him a $400 million retirement. And tion that would create the opportunity b 1700 now, Mr. Raymond, Americans are to rename the Department of Navy to And it is so ironic to me that this struggling to fill up their gas tanks; be Navy and Marine Corps. Marine, who gave his life for this coun- right? It is hard to afford 50 bucks if I do not need to speak today on the try, when his family received the letter you are driving an SUV. history of the great Marine Corps, just from the Secretary of the Navy, what But Mr. Raymond, well, he isn’t too like the United States Army, the does it say at the top, Mr. Speaker, but worried about that. He is out buying United States Navy, and the United the Secretary of the Navy, Washington,

VerDate Aug 31 2005 02:03 Jul 28, 2006 Jkt 049060 PO 00000 Frm 00052 Fmt 4634 Sfmt 0634 E:\CR\FM\K27JY7.097 H27JYPT1 CCOLEMAN on PROD1PC71 with HOUSE July 27, 2006 CONGRESSIONAL RECORD — HOUSE H6009 D.C., with the Navy flag, recognizing Mr. Speaker, tonight I come to the tleman from California (Mr. GEORGE that Michael Bitz gave his life for this floor again, for the 165th time, to dis- MILLER) is recognized for 5 minutes. country and that Michael Bitz was a cuss the costs of the occupation of (Mr. GEORGE MILLER of California Marine, a proud Marine. Iraq. Unfortunately, we all know too addressed the House. His remarks will Mr. Speaker, what we are trying to well the human cost of the occupation. appear hereafter in the Extensions of do in this House of Representatives, in More than 2,550 of our brave fighting Remarks.) a bipartisan way, is to say that this is men and women have died. Nearly 100 f a partnership and has been for the his- Iraqi civilians are killed every day. RECOGNIZING MR. JONATHAN One might be able to justify these tory of the Navy and Marine Corps, and STRICKLAND that both should be recognized equally losses if the cause were justified, if as a team. Americans were safer because of our Ms. MILLENDER-MCDONALD. Mr. And I bring to the floor again to show action in Iraq. Instead, the architect of Speaker, I ask unanimous consent to you what could happen, and would hap- the September 11 attacks, Osama Bin speak out of order. The SPEAKER pro tempore. Without pen if Michael Bitz’s family had re- Laden, is still at large. The Middle objection, the gentlewoman from Cali- ceived this citation of his bravery in East is literally going up in flames. Terrorism is increasing throughout the fornia is recognized for 5 minutes. Iraq, and that we had a Department of There was no objection. world. Navy and Marine Corps, what you Ms. MILLENDER-MCDONALD. Mr. And when we turn our eyes home to would have, Mr. Speaker, and what it Speaker, today I rise to recognize an says here is, the Secretary of the Navy America, we see so many squandered intelligent, gifted and courageous and Marine Corps, and it has the Navy opportunities as a result of the Iraq oc- young man, Jonathan Strickland, who flag and it has the Marine flag. That is cupation. If we hadn’t been spending is a 14-year-old African American Cali- what we are trying to do in this House nearly $.5 trillion in Iraq, just think of fornia resident who began his training of Representatives is to pay respect to what we could have done to strengthen to fly airplanes and helicopters at the the team. The team is a Navy and Ma- our economy and our very own people. age of 10 at Tomorrow’s Aeronautical rine Corps team. And I hope that the Think of the investments we could Museum. This museum is located in my Senate this year, after 3 years will ac- have made in our future right here at district at the Compton Woodley Air- cept the House position. home. port in Compton, California, and is a Mr. Speaker, with that, before I yield Think about the unmet needs of our nonprofit organization that strives to back my time, I want to please ask God children. For the cost of 15 days of the give adolescents the opportunity to to bless our men and women in uni- Iraq occupation, we could immunize reach their goal of flight. All program form, to please bless the families of our every child in the United States participants are able to receive free men and women in uniform, and to ask against serious childhood diseases with training, as long as they perform local God to continue to bless America. all recommended vaccines for the cost community service. The museum direc- of $4 billion. tor and an accomplished flight instruc- f For the cost of almost 2 months of The SPEAKER pro tempore. Under a tor, Robin Petgrave, saw fit to create the occupation in Iraq, we could hire this program that would serve youth in previous order of the House, the gen- 460,000 teachers across America to tleman from New Jersey (Mr. PALLONE) poverty stricken neighborhoods and lower average class sizes to 18 students, provide them with a positive alter- is recognized for 5 minutes. at the cost of $15 billion. (Mr. PALLONE addressed the House. native away from the streets. For the cost of just over 2 months of Jonathan Strickland has clearly ben- His remarks will appear hereafter in the occupation of Iraq, we could pro- the Extensions of Remarks.) efited from Tomorrow’s Aeronautical vide basic health insurance to every Museum. I am proud to recognize his f American child currently making due incredible achievements. He broke four without coverage. That cost would be world records in June, including being COST OF THE OCCUPATION OF $17 billion. IRAQ the youngest person to solo both a For the cost of little more than 2 plane and a helicopter on the same day, Mr. FARR. Mr. Speaker, I ask unani- months of the occupation of Iraq, we being the youngest African American mous consent to speak out of order. could pay 1 year of tuition and fees at to solo a helicopter, and to fly a heli- The SPEAKER pro tempore (Mr. a 4-year public university for the 3 mil- copter internationally. He also flew a KUHL of New York). Without objection, lion high school seniors who graduated helicopter round trip internationally. the gentleman from California is recog- this spring. On July 1, 2006, Jonathan success- nized for 5 minutes. For the cost of just over 5 months of fully landed back at Compton Woodley There was no objection. the occupation of Iraq, this could pro- Airport and was greeted by his family, Mr. FARR. Mr. Speaker, I rise to- vide a 20 percent pay raise to 3 million friends, the Compton Mayor Perrodin, night because in a moment, we are public school teachers. well wishers, the media, as well as the going to have a historical presentation Mr. Speaker, when will we learn? original members of the Tuskegee Air- here on the House floor. It is the 165th Congress, over my objections and men. He was also presented with an ap- time that there has been a consistent those of many of my colleagues, gave plication for future employment with voice about getting our troops out of the President the authorization to go the Los Angeles County Fire Depart- Iraq and ending the war in Iraq. And I to war. We did not give him permission ment Operations Division. know that the voice of the distin- to occupy Iraq, nor did we give him Ambitious and brave, Jonathan guished colleague from California, permission to neglect American chil- Strickland was able to live his dream LYNN WOOLSEY, is being listened to be- dren and jeopardize their future. because of Tomorrow’s Aeronautical cause, eventually, we are going to fol- It is time to bring our troops home Museum. I am proud that this wonder- low her advice. It is just a question of from Iraq. It is time to focus on the ful program is in my Congressional dis- when. I hope it is not going to take an- education and health care of our Na- trict, and that it is changing young other 165 days. tion’s children. The Congress can do people’s lives and creating ways for I would like it yield the remainder of this by passing my legislation, H.R. them to reach their potential and my time to the distinguished Congress- 5875, a bill to repeal the President’s excel. woman representing Marin and Iraq war powers. Tonight, I urge my Jonathan’s future goals include be- Sonoma Counties in California for her colleagues to cosponsor this legisla- coming a test pilot, attending the Air 165th presentation on the House floor tion. And I urge the leadership to con- Force Academy, and eventually becom- on this issue. sider this bill before we head home for ing a commercial pilot. And as already Ms. WOOLSEY. Mr. Speaker, I would the August break, before one more a world record setter, I am confident like to thank my colleague. Thank penny is wasted on occupying Iraq. that he will surpass every goal he sets you, Congressman FARR, for those nice f for himself. words and for standing here with me The SPEAKER pro tempore. Under a He has recently graduated from St. this evening. previous order of the House, the gen- Francis Cabrini School, and will enter

VerDate Aug 31 2005 02:03 Jul 28, 2006 Jkt 049060 PO 00000 Frm 00053 Fmt 4634 Sfmt 0634 E:\CR\FM\K27JY7.100 H27JYPT1 CCOLEMAN on PROD1PC71 with HOUSE H6010 CONGRESSIONAL RECORD — HOUSE July 27, 2006 Cleveland High School as a freshman in the Armed Forces serving in a combat zone tain land. to be held in trust for the benefit September of 2006. I am anxious to see to make contributions to their individual re- of the Puyallup Indian tribe. what records he will set and break as a tirement plans even if the compensation on May 25, 2006: high school student. which such contribution is based is excluded S. 1165. An Act to provide for the expansion from gross income. of the James Campbell National Wildlife Ref- I join with his family, friends, his H.R. 5037. An Act to amend titles 38 and 18, uge, Honolulu County, Hawaii. community, his supporters, and the United States Code. to prohibit certain dem- S. 1869. An Act to reauthorize the Coastal Nation who are rightfully very proud of onstrations at cemeteries under the control Barrier Resources Act, and for other pur- his accomplishments and have recog- of the National Cemetery Administration poses. nized him for his outstanding achieve- and at Arlington National Cemetery, and for May 31, 2006: ments. other purposes. S. 1736. An Act to provide for the participa- The President has also received a let- June 15, 2006: tion of employees in the judicial branch in ter outlining those achievements. We H.R. 1953. An Act to require the Secretary the Federal leave transfer program for disas- ters and emergencies. are extremely proud of this young man. of the Treasury to mint coins in commemo- ration of the Old Mint at San Francisco, oth- June 15, 2006: f erwise known as the ‘‘Granite Lady’’, and for S. 193. An Act to increase the penalties for The SPEAKER pro tempore. Under a other purposes. violations by television and radio broad- previous order of the House, the gen- H.R. 3829. An Act to designate the Depart- casters of the prohibitions against trans- tleman from Ohio (Mr. BROWN) is rec- ment of Veterans Affairs Medical Center in mission of obscene, indecent, and profane ognized for 5 minutes. Muskogee, Oklahoma, as the Jack C. Mont- language. S. 1235. An Act to amend title 38, United (Mr. BROWN of Ohio addressed the gomery Department of Veterans Affairs Med- ical Center. States Code, to improve and extend housing, House. His remarks will appear here- H.R. 4939. An Act making emergency sup- insurance, outreach, and benefits programs after in the Extensions of Remarks.) plemental appropriations for the fiscal year provided under the laws administered by the f ending September 30, 2006, and for other pur- Secretary of Veterans Affairs, to improve The SPEAKER pro tempore. Under a poses. and extend employment programs for vet- previous order of the House, the gen- H.R. 5401. An Act to amend section 308 of erans under laws administered by the Sec- the Lewis and Clark Expedition Bicentennial retary of Labor, and for other purposes. tleman from California (Mr. SCHIFF) is S. 2803. An Act to amend the Federal Mine recognized for 5 minutes. Commemorative Coin Act to make certain clarifying and technical amendments. Safety and Health Act of 1977 to improve the (Mr. SCHIFF addressed the House. June 30, 2006: safety of mines and mining. His remarks will appear hereafter in H.R. 5603. An Act to temporarily extend June 23, 2006: the Extensions of Remarks.) the programs under the Higher Education S. 1445. An Act to designate the facility of f Act of 1965, and for other purposes. the United States Postal Service located at The SPEAKER pro tempore. Under a July 3, 2006: 520 Colorado Avenue in Arriba, Colorado. as the ‘‘William H. Emery Post Office’’. previous order of the House, the gen- H.R. 5403. An Act to improve protections for children and to hold States accountable July 19, 2006: tleman from New York (Mr. WEINER) is for the safe and timely placement of children S. 3504. An Act to amend the Public Health recognized for 5 minutes. across State lines, and for other purposes. Service Act to prohibit the solicitation or (Mr. WEINER addressed the House. July 10, 2006: acceptance of tissue from fetuses gestated His remarks will appear hereafter in H.R. 4912. An Act to amend section 242 of for research purposes, and for other pur- the Extensions of Remarks.) the National Housing Act to extend the ex- poses. July 25, 2006: f emption for critical access hospitals under S.J. Res. 40. A joint resolution authorizing The SPEAKER pro tempore. Under a the FHA program for mortgage insurance for hospitals. the printing and binding of a supplement to, previous order of the House, the gen- July 11, 2006: and revised edition of, Senate Procedure. tleman from California (Mr. FILNER) is H.R. 889. An Act to authorize appropria- July 26, 2006: recognized for 5 minutes. tions for the Coast Guard for fiscal year 2006, S. 655. An Act to amend the Public Health (Mr. FILNER addressed the House. to make technical corrections to various Service Act with respect to the National His remarks will appear hereafter in laws administered by the Coast Guard, and Foundation for the Centers for Disease Con- the Extensions of Remarks.) for other purposes. trol and Prevention. July 24, 2006: f f H.R. 42, An Act to ensure that the right of The SPEAKER pro tempore. Under a an individual to display the flag of the LEAVE OF ABSENCE previous order of the House, the gen- United States on residential property not be By unanimous consent, leave of ab- tleman from Washington (Mr. abridged. sence was granted to: MCDERMOTT) is recognized for 5 min- f Mr. CROWLEY (at the request of Ms. utes. SENATE BILLS AND JOINT RESO- PELOSI) for today after noon and the (Mr. MCDERMOTT addressed the balance of the week. House. His remarks will appear here- LUTIONS APPROVED BY THE PRESIDENT Mr. SALAZAR (at the request of Ms. after in the Extensions of Remarks.) PELOSI) for today after 4:00 p.m. and f The President notified the Clerk of the balance of the week on account of the House that on the following dates HOUSE BILLS AND JOINT RESOLU- attending a funeral. he had approved and signed bills and TIONS APPROVED BY THE PRESI- Mrs. JO ANN DAVIS of Virginia (at the joint resolutions of the Senate of the DENT request of Mr. BOEHNER) for today and following titles: the balance of the week on account of The President notified the Clerk of May 5, 2006: personal reasons. the House that on the following dates S. 592. An Act to amend the Irrigation f he had approved and signed bills and Project Contract Extension Act of 1998 to ex- joint resolutions of the following titles: tend certain contracts between the Bureau of SPECIAL ORDERS GRANTED May 12, 2006: Reclamation and certain irrigation water By unanimous consent, permission to contractors in the States of Wyoming and H.R. 3351. An Act to make technical cor- address the House, following the legis- rections to laws relating to Native Ameri- Nebraska. cans, and for other purposes. S.J. Res. 28. A joint resolution approving lative program and any special orders May 17, 2006: the location of the commemorative work in heretofore entered, was granted to: H.R. 4297. An Act to provide for reconcili- the District of Columbia honoring former (The following Members (at the re- ation pursuant to section 201(b) of the con- President Dwight D. Eisenhower. quest of Ms. WOOLSEY) to revise and ex- current resolution on the budget for fiscal May 12, 2006: tend their remarks and include extra- year 2006. S. 584. An Act to require the Secretary of neous material:) the Interior to allow the continued occu- May 18, 2006: Ms. WOOLSEY, for 5 minutes, today. H.J. Res. 83. A joint resolution to memori- pancy and use of certain land and improve- Mr. DEFAZIO, for 5 minutes, today. alize and honor the contribution of Chief ments within Rocky Mountain National Justice William H. Rehnquist. Park. Mr. EMANUEL, for 5 minutes, today. May 29, 2006: May 18, 2006: Mr. PALLONE, for 5 minutes, today. H.R. 1499. An Act to amend the Internal S. 1382. An Act to require the Secretary of Mr. GEORGE MILLER of California, for Revenue Code of 1986 to allow members of the Interior to accept the conveyance of cer- 5 minutes, today.

VerDate Aug 31 2005 02:03 Jul 28, 2006 Jkt 049060 PO 00000 Frm 00054 Fmt 4634 Sfmt 0634 E:\CR\FM\K27JY7.104 H27JYPT1 CCOLEMAN on PROD1PC71 with HOUSE July 27, 2006 CONGRESSIONAL RECORD — HOUSE H6011 Mr. BROWN of Ohio, for 5 minutes, of Agriculture, transmitting the Depart- partment’s final rule — Electronic Filing of today. ment’s final rule — Child Nutrition Pro- Annual Reports (RIN: 1210-AB04) received Mr. SCHIFF, for 5 minutes, today. grams: Uniform Federal Assistance Regula- July 24, 2006, pursuant to 5 U.S.C. Mr. WEINER, for 5 minutes, today. tions; Nondiscretionary Technical Amend- 801(a)(1)(A); to the Committee on Education ments (RIN: 0584-AD16) received July 24, 2006, and the Workforce. Ms. MILLENDER-MCDONALD, for 5 min- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 8837. A letter from the Secretary, Depart- utes, today. mittee on Agriculture. ment of Energy, transmitting the Depart- Mr. FILNER, for 5 minutes, today. 8827. A letter from the Congressional Re- ment’s Annual Report for the Strategic Pe- Mr. MCDERMOTT, for 5 minutes, view Coordinator, APHIS, Department of Ag- troleum Reserve, covering calendar year today. riculture, transmitting the Department’s 2005, pursuant to 42 U.S.C. 6245(a); to the (The following Member (at the re- final rule — Brucellosis in Cattle; State and Committee on Energy and Commerce. quest of Mr. PEARCE) to revise and ex- Area Classifications; Idaho [Docket No. 8838. A letter from the Secretary, Depart- tend his remarks and include extra- APHIS-2006-0001] received July 6, 2006, pursu- ment of Energy, transmitting a copy of draft neous material:) ant to 5 U.S.C. 801(a)(1)(A); to the Committee legislation to extend the authorization for on Agriculture. the Federal contribution to the Uranium En- Mr. GILCHREST, for 5 minutes, today. 8828. A letter from the Congressional Re- richment Decontamination and Decommis- (The following Members (at their own view Coordinator, APHIS, Department of Ag- sioning (UED&D) Fund; to the Committee on request) to revise and extend their re- riculture, transmitting the Department’s Energy and Commerce. marks and include extraneous mate- final rule — Imported Fire Ant; Addition of 8839. A letter from the Attorney, Office of rial:) Counties in Arkansas and Tennessee to the Assistant General Counsel for Legislation Mr. GINGREY, for 5 minutes, today. List of Quarantines Areas [Docket No. and Regulatory Law, Department of Energy, Ms. KAPTUR, for 5 minutes, today. APHIS-2006-0080] received July 26, 2006, pur- transmitting the Department’s final rule — Mr. GARRETT of New Jersey, for 5 suant to 5 U.S.C. 801(a)(1)(A); to the Com- Computer Security; Access to Information minutes, today. mittee on Agriculture. on Department of Energy Computers and 8829. A letter from the Principal Deputy Computer Systems (RIN: 1992-AA27) received Mr. JONES of North Carolina, for 5 Associate Administrator, Environmental July 20, 2006, pursuant to 5 U.S.C. minutes, today. Protection Agency, transmitting the Agen- 801(a)(1)(A); to the Committee on Energy and Mr. FARR, for 5 minutes, today. cy’s final rule—2-Propenoic Acid, 2-Methyl, Commerce. f Polymer with Butyl 2-Propenoate, Methyl 2- 8840. A letter from the Regulations Coordi- Methyl-2-Propenoate, Methyl 2-Propenoate nator, Department of Health and Human ADJOURNMENT and 2-Propenoic Acid, Graft, Compound with Services, transmitting the Department’s Ms. MILLENDER-MCDONALD. Mr. 2-Amino-2-Methyl-1- Propanol; Tolerance Ex- final rule — National Institutes of Health Speaker, I move that the House do now emption [EPA-HQ-OPP-2006-0555; FRL-8077-4] Training Grants (RIN: 0925-AA28) received adjourn. received July 24, 2006, pursuant to 5 U.S.C. July 26, 2006, pursuant to 5 U.S.C. The motion was agreed to; accord- 801(a)(1)(A); to the Committee on Agri- 801(a)(1)(A); to the Committee on Energy and ingly (at 5 o’clock and 12 minutes culture. Commerce. 8830. A letter from the Principal Deputy 8841. A letter from the Principal Deputy p.m.), under its previous order, the Associate Administrator, Environmental Associate Administrator, Environmental House adjourned until tomorrow, Fri- Protection Agency, transmitting the Agen- Protection Agency, transmitting the Agen- day, July 28, 2006, at 10 a.m. cy’s final rule — 2-Propenoic, 2-Methyl-, cy’s final rule — National Perchloroethylene f Polymers with Ethyl Acrylate and Air Emission Standards for Dry Cleaning Fa- Polythylene Glycol Methlacrylate C 18-22 cilities [EPA-HQ-OAR-2005-0155; FRL-8200-2] EXECUTIVE COMMUNICATIONS, Alkyl Ethers; Tolerance Exemption [EPA- (RIN: 2060-AK18) received July 24, 2006, pur- ETC. HQ-OPP-2006-0550; FRL-8078-3] received July suant to 5 U.S.C. 801(a)(1)(A); to the Com- Under clause 8 of rule XII, executive 24, 2006, pursuant to 5 U.S.C. 801(a)(1)(A); to mittee on Energy and Commerce. 8842. A letter from the Principal Deputy communications were taken from the the Committee on Agriculture. 8831. A letter from the Principal Deputy Associate Administrator, Environmental Speaker’s table and referred as follows: Associate Administrator, Environmental Protection Agency, transmitting the Agen- 8821. A letter from the Executive Director, Protection Agency, transmitting the Agen- cy’s final rule — Approval and Promulgation Commodity Futures Trading Commission, cy’s final rule — Butene, Homopolymer; Tol- of Implementation Plans; New York Ozone transmitting the Commission’s final rule — erance Exemption [EPA-HQ-OPP-2006-0552; State Implementation Plan Revision; [Dock- Recognition of Multilateral Clearing Organi- FRL-8075-8] received July 20, 2006, pursuant et No. EPA-R02-OAR-2006-0303, FRL-8191-3] zations—received July 19, 2006, pursuant to 5 to 5 U.S.C. 801(a)(1)(A); to the Committee on received July 20, 2006, pursuant to 5 U.S.C. U.S.C. 801(a)(1)(A); to the Committee on Ag- Agriculture. 801(a)(1)(A); to the Committee on Energy and riculture. 8832. A letter from the Chairman, Defense Commerce. 8822. A letter from the Executive Director, Nuclear Facilities Safety Board, transmit- 8843. A letter from the Principal Deputy Commodity Futures Trading Commission, ting the Board’s Report to Congress on the Associate Administrator, Environmental transmitting the Commission’s final rule — Plutonium Storage at the Department of En- Protection Agency, transmitting the Agen- Market and Large Trader Reporting (RIN: ergy’s Savannah River Site, pursuant to cy’s final rule — Protection of Stratospheric 3038-AC22) received July 19, 2006, pursuant to Public Law 107-314, section 3183; to the Com- Ozone; Minor Amendments to the Regula- 5 U.S.C. 801(a)(1)(A); to the Committee on mittee on Armed Services. tions Implementing the Allowance System Agriculture. 8833. A letter from the Director, Defense for Controlling HCFC Protection, Import, 8823. A letter from the Director, Regu- Procurement and Acquisition Policy, De- and Export [EPA-HQ-OAR-2003-0130] (RIN: latory Review Group, Department of Agri- partment of Defense, transmitting the De- 2060-AL90) received July 20, 2006, pursuant to culture, transmitting the Department’s final partment’s final rule — Defense Federal Ac- 5 U.S.C. 801(a)(1)(A); to the Committee on rule — Regulations Regarding Employee quisition Regulation Supplement; Types of Energy and Commerce. Conflicts of Interest (RIN: 0560-AH57) re- Contracts [DFARS Case 2003-D078] received 8844. A letter from the Principal Deputy ceived July 19, 2006, pursuant to 5 U.S.C. July 24, 2006, pursuant to 5 U.S.C. Associate Administrator, Environmental 801(a)(1)(A); to the Committee on Agri- 801(a)(1)(A); to the Committee on Armed Protection Agency, transmitting the Agen- culture. Services. cy’s final rule — Approval and Promulgation 8824. A letter from the Congressional Re- 8834. A letter from the Chairman, Board of of Air Quality Implementation Plans; Ten- view Coordinator, APHIS, Department of Ag- Governors of the Federal Reserve System, nessee; Update to Materials Incorporated by riculture, transmitting the Department’s transmitting the Board’s semiannual Mone- Reference [TN-200602; FRL-8197-2] received final rule — Gypsy Moth; Regulated Articles tary Policy Report pursuant to Pub. L. 106- July 20, 2006, pursuant to 5 U.S.C. [Docket No. 00-067-2] (RIN: 0579-AB55) re- 569; to the Committee on Financial Services. 801(a)(1)(A); to the Committee on Energy and ceived July 24, 2006, pursuant to 5 U.S.C. 8835. A letter from the Secretary, Division Commerce. 801(a)(1)(A); to the Committee on Agri- of Market Regulation, Securities and Ex- 8845. A letter from the Principal Deputy culture. change Commission, transmitting the Com- Associate Administrator, Environmental 8825. A letter from the Congressional Re- mission’s final rule — Commission Guidance Protection Agency, transmitting the Agen- view Coordinator, APHIS, Department of Ag- Regarding Client Commission Practices cy’s final rule — National Emission Stand- riculture, transmitting the Department’s Under Section 28(e) of the Securities Ex- ards for Hazardous Air Pollutants: Organic final rule — Asian Longhorned Beetle; Re- change Act of 1934 [Release No. 34-54165; File Liquids Distribution (Non-Gasoline) [EPA- moval of Quarantined Area in Illinois [Dock- No. S7-13-06] received July 20, 2006, pursuant HQ-OAR-2003-0138; FRL-8202-4] (RIN: 2060- et No. APHIS-2006-0105] received July 24, to 5 U.S.C. 801(a)(1)(A); to the Committee on AM77) received July 20, 2006, pursuant to 5 2006, pursuant to 5 U.S.C. 801(a)(1)(A); to the Financial Services. U.S.C. 801(a)(1)(A); to the Committee on En- Committee on Agriculture. 8836. A letter from the Assistant Secretary, ergy and Commerce. 8826. A letter from the Chief, Program Employee Benefits Security Administration, 8846. A letter from the General Counsel, Analysis and Monitoring Board, Department Department of Labor, transmitting the De- Federal Energy Regulatory Commission,

VerDate Aug 31 2005 02:03 Jul 28, 2006 Jkt 049060 PO 00000 Frm 00055 Fmt 4634 Sfmt 0634 E:\CR\FM\K27JY7.111 H27JYPT1 CCOLEMAN on PROD1PC71 with HOUSE H6012 CONGRESSIONAL RECORD — HOUSE July 27, 2006 transmitting the Commission’s final rule — fice’s final rule — Implementation of Title II 8868. A letter from the Chief, Regulations Promoting Transmission Investment of the Notification and Federal Employee and Administrative Law, USCG, Department through Pricing Reform [Docket No. RM06-4- Antidiscrimination and Realitation Act of of Homeland Security, transmitting the De- 000; Order No. 679] received July 24, 2006, pur- 2002 — Notification & Training (RIN: 3206- partment’s final rule — Special Local Regu- suant to 5 U.S.C. 801(a)(1)(A); to the Com- AK38) received July 25, 2006, pursuant to 5 lations for Marine Events; Chesapeake Bay, mittee on Energy and Commerce. U.S.C. 801(a)(1)(A); to the Committee on Gov- Cape Charles, VA [CGD05-06-036] (RIN: 1625- 8847. A letter from the Director, Inter- ernment Reform. AA08) received July 26, 2006, pursuant to 5 national Cooperation, Department of De- 8859. A letter from the Under Secretary for U.S.C. 801(a)(1)(A); to the Committee on fense, transmitting Pursuant to Section 27(f) Oceans and Atmosphere, Department of Transportation and Infrastructure. of the Arms Export Control Act and Section Commerce, transmitting the Department’s 8869. A letter from the Chief, Regulations 1(f) of Executive Order 11958, Transmittal No. report regarding the activities of the North- and Administrative Law, USCG, Department 18-06 informing of an intent to sign the C- west Atlantic Fisheries Organization for of Homeland Security, transmitting the De- 130J Block 7, 8, and 9 Upgrade Project Ar- 2005, pursuant to 16 U.S.C. 5601 et. seq.; to the partment’s final rule — Special Local Regu- rangement with Australia, Denmark, Italy, Committee on Resources. lations for Marine Events; Pamlico River, and the United Kingdom; to the Committee 8860. A letter from the Director, Minerals Washington, North Carolina [CGD05-06-033] on International Relations. Management Service, Department of the In- (RIN: 1625-AA08) received July 26, 2006, pur- 8848. A letter from the Director, Inter- terior, transmitting the Department’s final suant to 5 U.S.C. 801(a)(1)(A); to the Com- national Cooperation, Department of State, rule — Oil, Gas, and Sulfur Operations and mittee on Transportation and Infrastruc- transmitting Pursuant to Section 27(f) of the Leasing in the Outer Continental Shelf (OCS) ture. Arms Export Control Act and Section 1(f) of — Recovery of Costs Related to the Regula- 8870. A letter from the Chief, Regulations Executive Order 11958, Transmittal No. 17-06 tion of Oil and Gas Activities on the OCS and Administrative Law, USCG, Department informing of an intent to sign the Research, (RIN: 1010-AD23) received July 19, 2006, pur- of Homeland Security, transmitting the De- Development, Test and Evaluation Memo- suant to 5 U.S.C. 801(a)(1)(A); to the Com- partment’s final rule — Special Local Regu- randum of Agreement (MOA) between the mittee on Resources. lations for Marine Events; Atlantic Ocean, United States and Italy; to the Committee 8861. A letter from the Assistant Adminis- Atlantic City, NJ [CGD05-06-037] (RIN: 1625- trator for Fisheries, NMFS, National Oce- on International Relations. AA08) received July 26, 2006, pursuant to 5 8849. A letter from the Assistant Secretary anic and Atmospheric Administration, trans- U.S.C. 801(a)(1)(A); to the Committee on for Legislative Affairs, Department of State, mitting the Administration’s final rule — Transportation and Infrastructure. transmitting notification that effective Pacific Halibut Fisheries; Guideline Harvest 8871. A letter from the Chief, Regulations April 16, 2006, the 15% Danger Pay Allowance Levels for the Guided Recreational Halibut and Administrative Law, USCG, Department Fishery; Correction [Docket No. 060215036- for Sarajevo, Bosnia-Herzegovina was termi- of Homeland Security, transmitting the De- 6178-02, I.D. 101501A] (RIN: 0648-AU30) re- nated based on improved security conditions, partment’s final rule — Special Local Regu- ceived July 27, 2006, pursuant to 5 U.S.C. pursuant to 5 U.S.C. 5928; to the Committee lations for Marine Events; Mill Creek, Fort 801(a)(1)(A); to the Committee on Resources. Monroe, Hampton, Virginia [CGD05-06-025] on International Relations. 8862. A letter from the Deputy Assistant 8850. A letter from the Assistant Secretary (RIN: 1625-AA08) received July 26, 2006, pur- Administrator for Operations, NMFS, Na- for Legislative Affairs, Department of State, suant to 5 U.S.C. 801(a)(1)(A); to the Com- tional Oceanic and Atmospheric Administra- transmitting pursuant to section 36(c) of the mittee on Transportation and Infrastruc- tion, transmitting the Administration’s final Arms Export Control Act, certification re- ture. rule — Fisheries Off West Coast States; 8872. A letter from the Chief, Regulations garding the proposed license for the export of Coastal Pelagic Species Fisheries; Annual and Administrative Law, USCG, Department defense articles and services to the Govern- Specifications [Docket No. 30109004-6164-02; of Homeland Security, transmitting the De- ment of the United Kingdom (Transmittal I.D. 010406E] (RIN: 0648-AT76) received July partment’s final rule — Drawbridge Oper- No. DDTC 010-06); to the Committee on Inter- 27, 2006, pursuant to 5 U.S.C. 801(a)(1)(A); to ation Regulation; Broward County Bridges, national Relations. the Committee on Resources. 8851. A letter from the Secretary, Depart- 8863. A letter from the Deputy Assistant Atlantic Intracoastal Waterway, Broward ment of Transportation, transmitting the Administrator for Regulatory Programs, County, FL [CGD07-04-136] (RIN: 1625-AA09) Semiannual Report of the Office of Inspector NMFS, National Oceanic and Atmospheric received July 27, 2006, pursuant to 5 U.S.C. General for the period ending March 31, 2006, Administration, transmitting the Agency’s 801(a)(1)(A); to the Committee on Transpor- pursuant to 5 U.S.C. app. (Insp. Gen. Act) final rule — Fisheries of the Northeastern tation and Infrastructure. section 5(b); to the Committee on Govern- United States; Final 2006-2008 Specifications 8873. A letter from the Chief, Regulations ment Reform. for the Spiny Dogfish Fishery [Docket No. and Administrative Law, USCG, Department 8852. A letter from the Chief Human Cap- 060418103-6181-02; I.D. 040706F] (RIN: 0648- of Homeland Security, transmitting the De- ital Officer, Corporation for National & Com- AT59) received July 27, 2006, pursuant to 5 partment’s final rule — Drawbridge Oper- munity Service, transmitting a report pursu- U.S.C. 801(a)(1)(A); to the Committee on Re- ation Regulations; Atlantic Intracoastal Wa- ant to the Federal Vacancies Reform Act of sources. terway (AICW), Elizabeth River, Southern 1998; to the Committee on Government Re- 8864. A letter from the Staff Director, Branch, Virginia [CGD05-05-041] (RIN: 1625- form. United States Sentancing Commission, AA09) received July 27, 2006, pursuant to 5 8853. A letter from the Assistant Director, transmitting a copy of the 2005 Annual Re- U.S.C. 801(a)(1)(A); to the Committee on Executive & Political Personnel, Depart- port and Sourcebook of Federal Sentancing Transportation and Infrastructure. ment of Defense, transmitting a report pur- Statistics, pursuant to 28 U.S.C. 994(w)(3); to 8874. A letter from the Chief, Regulations suant to the Federal Vacancies Reform Act the Committee on the Judiciary. and Administrative Law, USCG, Department of 1998; to the Committee on Government Re- 8865. A letter from the Assistant Secretary of Homeland Security, transmitting the De- form. for the Army for Civil Works, Department of partment’s final rule — Drawbridge Oper- 8854. A letter from the Assistant Director, Defense, transmitting a legislative proposal ation Regulations; James River, between Isle Executive & Political Personnel, Depart- regarding the financing of a capital improve- of Wight and Newport News, VA [CGD05-06- ment of Defense, transmitting a report pur- ment project at the Washington Aqueduct 039] (RIN: 1625-AA09) received July 27, 2006, suant to the Federal Vacancies Reform Act drinking water facility in support of the pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- of 1998; to the Committee on Government Re- President’s Fiscal Year 2007 Budget; to the mittee on Transportation and Infrastruc- form. Committee on Transportation and Infra- ture. 8855. A letter from the General Counsel, structure. 8875. A letter from the Chief, Regulations Department of Housing and Urban Develop- 8866. A letter from the Chief, Regulations and Administrative Law, USCG, Department ment, transmitting a report pursuant to the and Administrative Law, USCG, Department of Homeland Security, transmitting the De- Federal Vacancies Reform Act of 1998; to the of Homeland Security, transmitting the De- partment’s final rule — Drawbridge Oper- Committee on Government Reform. partment’s final rule — Safety and Security ation Regulations; Long Island, New York 8856. A letter from the Special Assistant to Zones; Tall Ships Celebration 2006, Great Inland Waterway from East Rockaway Inlet the Secreary, White House Liaison, Depart- Lakes, Cleveland, Ohio, Bay City, Michigan, to Shinnecock Canal, Jones Beach, NY ment of Veterans Affairs, transmitting a re- Green Bay, Wisconsin, Sturgeon Bay, Wis- [CGD01-06-078] received July 27, 2006, pursu- port pursuant to the Federal Vacancies Re- consin, Chicago, Illinois [CGD09-06-032] (RIN: ant to 5 U.S.C. 801(a)(1)(A); to the Committee form Act of 1998; to the Committee on Gov- 1625-AA00) received July 26, 2006, pursuant to on Transportation and Infrastructure. ernment Reform. 5 U.S.C. 801(a)(1)(A); to the Committee on 8876. A letter from the Chief, Regulations 8857. A letter from the Special Assistant to Transportation and Infrastructure. and Administrative Law, USCG, Department the Secretary, White House Liaison, Depart- 8867. A letter from the Chief, Regulations of Homeland Security, transmitting the De- ment of Veterans Affairs, transmitting a re- and Administrative Law, USCG, Department partment’s final rule — Drawbridge Oper- port pursuant to the Federal Vacancies Re- of Homeland Security, transmitting the De- ation Regulations; Long Island, New York form Act of 1998; to the Committee on Gov- partment’s final rule — Coast Guard Organi- Waterway from East Rockaway Inlet to ernment Reform. zation; Activities Europe [USCG-2006-24520] Shinnecock Canal, Hempstead, NY [CGD01- 8858. A letter from the Director, Strategic (RIN: 1625-AB03) received July 26, 2006, pursu- 06-077] received July 27, 2006, pursuant to 5 Human Resources Policy Division, Office of ant to 5 U.S.C. 801(a)(1)(A); to the Committee U.S.C. 801(a)(1)(A); to the Committee on Personnel Management, transmitting the Of- on Transportation and Infrastructure. Transportation and Infrastructure.

VerDate Aug 31 2005 02:03 Jul 28, 2006 Jkt 049060 PO 00000 Frm 00056 Fmt 4634 Sfmt 0634 E:\CR\FM\L27JY7.000 H27JYPT1 CCOLEMAN on PROD1PC71 with HOUSE July 27, 2006 CONGRESSIONAL RECORD — HOUSE H6013 8877. A letter from the Chief, Regulations to 5 U.S.C. 801(a)(1)(A); to the Committee on ipal Airport, IA [Docket No. FAA-2006-25009; and Administrative Law, USCG, Department Transportation and Infrastructure. Airspace Docket No. 06-ACE-7] received July of Homeland Security, transmitting the De- 8887. A letter from the Program Analyst, 24, 2006, pursuant to 5 U.S.C. 801(a)(1)(A); to partment’s final rule — Drawbridge Oper- FAA, Department of Transportation, trans- the Committee on Transportation and Infra- ation Regulations; Long Island, New York mitting the Department’s final rule — Revi- structure. Inland Waterway from East Rockaway Inlet sion of Class E Airspace; Vandenberg AFB, 8897. A letter from the Program Analyst, to Shinnecock Canal, Jones Beach, NY CA [Docket No. FAA-2006-24064; Airspace FAA, Department of Transportation, trans- [CGD01-06-76] received July 27, 2006, pursuant Docket No. 06-AWP-3] (RIN: 2120-AA66) re- mitting the Department’s final rule — Modi- to 5 U.S.C. 801(a)(1)(A); to the Committee on ceived July 24, 2006, pursuant to 5 U.S.C. fication of Class E Airspace; Scottsbluff, Transportation and Infrastructure. 801(a)(1)(A); to the Committee on Transpor- Western Nebraska Regional Airport/William 8878. A letter from the Chief, Regulations tation and Infrastructure. B. Helig Field, NE [Docket No. FAA-2006- and Administrative Law, USCG, Department 8888. A letter from the Program Analyst, 25007; Airspace Docket No. 06-ACE-5] re- of Homeland Security, transmitting the De- FAA, Department of Transportation, trans- ceived July 24, 2006, pursuant to 5 U.S.C. partment’s final rule — Drawbridge Oper- mitting the Department’s final rule — Re- 801(a)(1)(A); to the Committee on Transpor- ation Regulations; Potomac River, between moval of Class D and E Airspace; Roosevelt tation and Infrastructure. Maryland and Virginia [CGD05-06-070] (RIN: Roads, PR Amendment of Class E Airspace; 8898. A letter from the Program Analyst, 1625-AA09) received July 27, 2006, pursuant to Isla de Vieques, PR [Docket No. FAA-2006- FAA, Department of Transportation, trans- 5 U.S.C. 801(a)(1)(A); to the Committee on 24391; Airspace Docket No. 06-ASO-5] re- mitting the Department’s final rule — Revi- Transportation and Infrastructure. ceived July 24, 2006, pursuant to 5 U.S.C. sion of Class E Airspace; Togiak Village, AK 8879. A letter from the Chief, Regulations 801(a)(1)(A); to the Committee on Transpor- [Docket No. FAA-2006-23713; Airspace Docket and Administrative Law, USCG, Department tation and Infrastructure. No. 06-AAL-06] received July 24, 2006, pursu- of Homeland Security, transmitting the De- 8889. A letter from the Program Analyst, ant to 5 U.S.C. 801(a)(1)(A); to the Committee partment’s final rule — Drawbridge Oper- FAA, Department of Transportation, trans- on Transportation and Infrastructure. ation Regulations; Potomac River, between mitting the Department’s final rule — Modi- 8899. A letter from the Program Analyst, Maryland and Virginia [CGD05-06-071] (RIN: fication of Offshore Airspace Area; Control FAA, Department of Transportation, trans- 1625-AA09) received July 27, 2006, pursuant to 1487L; AK [Docket No. FAA-2005-22024; Air- mitting the Department’s final rule — Modi- 5 U.S.C. 801(a)(1)(A); to the Committee on space Docket No. 06-AAL-08] (RIN: 2120-AA66) fication of Legal Description of Class D and Transportation and Infrastructure. received July 24, 2006, pursuant to 5 U.S.C. E Airspace; Fairbanks, Fort Wainwright 8880. A letter from the Docket Clerk, FRA, 801(a)(1)(A); to the Committee on Transpor- Army Airfield, AK [Docket No. FAA-2006- Department of Transportation, transmitting tation and Infrastructure. 24813; Airspace Docket No. 06-AAL-16] re- the Department’s final rule — Locomotive 8890. A letter from the Program Analyst, ceived July 24, 2006, pursuant to 5 U.S.C. Crashworthiness [Docket No. FRA-2004-17645; FAA, Department of Transportation, trans- 801(a)(1)(A); to the Committee on Transpor- Notice No. 3] (RIN: 2130-AB23) received July mitting the Department’s final rule — Modi- tation and Infrastructure. 24, 2006, pursuant to 5 U.S.C. 801(a)(1)(A); to fication of Control 1234L Offshore Airspace 8900. A letter from the Program Analyst, the Committee on Transportation and Infra- Area; AK [Docket No. FAA-2006-23708; Air- FAA, Department of Transportation, trans- structure. space Docket No. 06-AAL-1] (RIN: 2120-AA66) mitting the Department’s final rule — Revi- 8881. A letter from the Attorney, PHMSA, received July 24, 2006, pursuant to 5 U.S.C. sion of Class E Airspace; Huslia, AK [Docket Department of Transportation, transmitting 801(a)(1)(A); to the Committee on Transpor- No. FAA-2006-24004; Airspace Docket No. 06- the Department’s final rule — Hazardous Ma- tation and Infrastructure. AAL-13] received July 24, 2006, pursuant to 5 terials: Infectious Substances; Harmoni- 8891. A letter from the Program Analyst, U.S.C. 801(a)(1)(A); to the Committee on zation with the United Nations Rec- FAA, Department of Transportation, trans- Transportation and Infrastructure. ommendations [Docket No. PHMSA-2004- mitting the Department’s final rule — 8901. A letter from the Program Analyst, 16895 (HM-226A)] (RIN: 2137-AD93) received Amendment to Class E Airspace; Jackson, FAA, Department of Transportation, trans- July 24, 2006, pursuant to 5 U.S.C. WY [Docket No. FAA-2005-22665; Airspace mitting the Department’s final rule — Modi- 801(a)(1)(A); to the Committee on Transpor- Docket No. 05-ANM-13] received July 24, 2006, fication of Legal Description of Class D and tation and Infrastructure. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- E Airspace; Fairbanks, Fort Wainwright 8882. A letter from the Program Analyst, mittee on Transportation and Infrastruc- Army Airfield, AK [Docket No. FAA-2006- NHTSA, Department of Transportation, ture. 24813; Airspace Docket No. 06-AAL-16] re- transmitting the Department’s final rule — 8892. A letter from the Program Analyst, ceived July 24, 2006, pursuant to 5 U.S.C. Motorcyclist Safety Grant Program [Docket FAA, Department of Transportation, trans- 801(a)(1)(A); to the Committee on Transpor- No. NHTSA-2006-23700] (RIN: 2127-AJ86) re- mitting the Department’s final rule — Modi- tation and Infrastructure. ceived July 24, 2006, pursuant to 5 U.S.C. fication of Class E Airspace; Wellington Mu- 8902. A letter from the Program Analyst, 801(a)(1)(A); to the Committee on Transpor- nicipal Airport, KS [Docket No. FAA-2006- FAA, Department of Transportation, trans- tation and Infrastructure. 24869; Airspace Docket No. 06-ACE-4] re- mitting the Department’s final rule — Modi- 8883. A letter from the Program Analyst, ceived July 24, 2006, pursuant to 5 U.S.C. fication of VOR Federal Airways; and Estab- FAA, Department of Transportation, trans- 801(a)(1)(A); to the Committee on Transpor- lishment of Area Navigation Route; NC mitting the Department’s final rule — tation and Infrastructure. [Docket No. FAA-2006-24027; Airspace Docket Standard Instrument Approach Procedures; 8893. A letter from the Program Analyst, No. 06-ASO-1] (RIN: 2120-AA66) received July Miscellaneous Amendments [Docket No. FAA, Department of Transportation, trans- 24, 2006, pursuant to 5 U.S.C. 801(a)(1)(A); to 30494; Amdt. No. 3167] received July 24, 2006, mitting the Department’s final rule — Revi- the Committee on Transportation and Infra- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- sion of Class E Airspace; Herlong, CA [Dock- structure. mittee on Transportation and Infrastruc- et No. FAA-2004-19684; Airspace Docket No. 8903. A letter from the Attorney, Pipeline ture. 04-ANM-24] received July 24, 2006, pursuant and Hazardous Materials Safety Administra- 8884. A letter from the Program Analyst, to 5 U.S.C. 801(a)(1)(A); to the Committee on tion, Department of Transportation, trans- FAA, Department of Transportation, trans- Transportation and Infrastructure. mitting the Department’s final rule — Haz- mitting the Department’s final rule — 8894. A letter from the Program Analyst, ardous Materials: Preemption Determina- Standard Instrument Approach Procedures; FAA, Department of Transportation, trans- tions; Procedural Regulations [Docket No. Weather Takeoff Minimums; Miscellaneous mitting the Department’s final rule — Estab- PHMSA-2006-24824] (RIN: 2137-AE18) received Amendments [Docket No. 30493; Amdt. No. lishment of Offshore Airspace Area 1485L and July 24, 2006, pursuant to 5 U.S.C. 3166] received July 24, 2006, pursuant to 5 Revision of Control 1485H; Barrow, AK 801(a)(1)(A); to the Committee on Transpor- U.S.C. 801(a)(1)(A); to the Committee on [Docket No. FAA-2006-23872; Airspace Docket tation and Infrastructure. Transportation and Infrastructure. No. 06-AAL-9] (RIN: 2120-AA66) received July 8904. A letter from the Program Analyst, 8885. A letter from the Program Analyst, 24, 2006, pursuant to 5 U.S.C. 801(a)(1)(A); to FAA, Department of Transportation, trans- FAA, Department of Transportation, trans- the Committee on Transportation and Infra- mitting the Department’s final rule — Estab- mitting the Department’s final rule — IFR structure. lishment of Area Navigation Instrument Altitudes; Miscellaneous Amendments 8895. A letter from the Program Analyst, Flight Rules Terminal Transition Route [Docket No. 30495; Amdt. No. 461] received FAA, Department of Transportation, trans- (RITTR); T-210; Jacksonville, FL [Docket July 24, 2006, pursuant to 5 U.S.C. mitting the Department’s final rule — Rev- No. FAA-2005-23436; Airspace Docket No. 05- 801(a)(1)(A); to the Committee on Transpor- ocation of Low Altitude Reporting Point; AK ASO-10] (RIN: 2120-AA66) received July 24, tation and Infrastructure. [Docket No. FAA-2005-225010; Airspace Dock- 2006, pursuant to 5 U.S.C. 801(a)(1)(A); to the 8886. A letter from the Program Analyst, et No. 06-AAL-17] (RIN: 2120-AA66) received Committee on Transportation and Infra- FAA, Department of Transportation, trans- July 24, 2006, pursuant to 5 U.S.C. structure. mitting the Department’s final rule — 801(a)(1)(A); to the Committee on Transpor- 8905. A letter from the Program Analyst, Amendment of Class D Airspace; Pompano tation and Infrastructure. FAA, Department of Transportation, trans- Beach, FL; Amendment of Class D Airspace; 8896. A letter from the Program Analyst, mitting the Department’s final rule — Estab- Fort Lauderdale Executive Airport, FL FAA, Department of Transportation, trans- lishment of Area Navigation Instrument [Docket No. FAA-2006-24424; Airspace Docket mitting the Department’s final rule — Modi- Flight Rules Terminal Transition Route No. 06-ASO-6] received July 24, 2006, pursuant fication of Class E Airspace; Keokuk Munic- (RITTR) T-210; Jacksonville, FL [Docket No.

VerDate Aug 31 2005 02:03 Jul 28, 2006 Jkt 049060 PO 00000 Frm 00057 Fmt 4634 Sfmt 0634 E:\CR\FM\L27JY7.000 H27JYPT1 CCOLEMAN on PROD1PC71 with HOUSE H6014 CONGRESSIONAL RECORD — HOUSE July 27, 2006 FAA-2005-23436; Airspace Docket No. 05-ASO- 14623; AD 2006-11-18] (RIN: 2120-AA64) received worthiness Directives; BAE Systems (Oper- 10] (RIN: 2120-AA66) received July 24, 2006, July 24, 2006, pursuant to 5 U.S.C. ations) Limited Model BAe 146 and Avro 146- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 801(a)(1)(A); to the Committee on Transpor- RJ Airplanes [Docket No. FAA-2005-23284; Di- mittee on Transportation and Infrastruc- tation and Infrastructure. rectorate Identifier 2005-NM-163-AD; Amend- ture. 8913. A letter from the Program Analyst, ment 39-14634; AD 2006-12-09] (RIN: 2120-AA64) 8906. A letter from the Program Analyst, FAA, Department of Transportation, trans- received July 24, 2006, pursuant to 5 U.S.C. FAA, Department of Transportation, transmitting the Department’s final rule — Air- 801(a)(1)(A); to the Committee on Transpor- mitting the Department’s final rule — Air- worthiness Directives; Boeing Model 737-200C tation and Infrastructure. worthiness Directives; Engine Components Series Airplanes [Docket No. FAA-2006-24245; 8921. A letter from the Program Analyst, Inc. (ECi) Reciprocating Engine Cylinder As- Directorate Identifier 2005-NM-166-AD; FAA, Department of Transportation, trans- semblies [Docket No. FAA-2005-22358; Direc- Amendment 39-14643; AD 2006-12-17] (RIN: mitting the Department’s final rule — Air- torate Identifier 2005-NE-20-AD; Amendment 2120-AA64) received July 24, 2006, pursuant to worthiness Directives; Boeing Model 747-400 39-14632; AD 2006-12-07] (RIN: 2120-AA64) re- 5 U.S.C. 801(a)(1)(A); to the Committee on Series Airplanes [Docket No. FAA-2005-23250; ceived July 24, 2006, pursuant to 5 U.S.C. Transportation and Infrastructure. Directorate Identifier 2005-NM-150-AD; 801(a)(1)(A); to the Committee on Transpor- 8914. A letter from the Program Analyst, Amendment 39-14635; AD 2006-12-10] (RIN: tation and Infrastructure. FAA, Department of Transportation, trans- 2120-AA64) received July 24, 2006, pursuant to 8907. A letter from the Program Analyst, mitting the Department’s final rule — Air- 5 U.S.C. 801(a)(1)(A); to the Committee on FAA, Department of Transportation, trans- worthiness Directives; Airbus Model A300 B2 Transportation and Infrastructure. mitting the Department’s final rule — Air- and A300 B4 Series Airplanes; A300 B4-600, B4- 8922. A letter from the Program Analyst, worthiness Directives; Eurocopter France 600R, and F4-600R Series Airplanes; and FAA, Department of Transportation, trans- Model AS350B, BA, B1, B2, B3, C, D, and D1 Model C4-605R Variant F Airplanes (Collec- mitting the Department’s final rule — Air- Helicopters [Docket No. FAA-2006-23888; Di- tively Called A300-600 Series Airplanes) worthiness Directives; Goodrich Evacuation rectorate Identifier 2005-SW-03-AD; Amend- [Docket No. FAA-2004-19002; Directorate Systems Approved Under Technical Standard ment 39-14622; AD 2006-11-17] (RIN: 2120-AA64) Identifier 2003-NM-27-AD; Amendment 39- Order (TSO) TSO-C69b and Installed on Air- received July 24, 2006, pursuant to 5 U.S.C. 14639; AD 2006-12-13] (RIN: 2120-AA64) received bus Model A330-200 and -300 Series Airplanes, 801(a)(1)(A); to the Committee on Transpor- July 24, 2006, pursuant to 5 U.S.C. Model A340-200 and -300 Series Airplanes, and tation and Infrastructure. 801(a)(1)(A); to the Committee on Transpor- Model A340-541 and -642 Airplanes [Docket 8908. A letter from the Program Analyst, tation and Infrastructure. No. FAA-2006-23890; Directorate Identifier FAA, Department of Transportation, trans- 8915. A letter from the Program Analyst, 2005-NM-229-AD; Amendment 39-14633; AD mitting the Department’s final rule — Air- FAA, Department of Transportation, trans- 2006-12-08] (RIN: 2120-AA64) received July 24, worthiness Directives; Boeing Model 767-200 mitting the Department’s final rule — Air- 2006, pursuant to 5 U.S.C. 801(a)(1)(A); to the and -300 Series Airplanes [Docket No. FAA- worthiness Directives; Empresa Brasileira Committee on Transportation and Infra- 2005-22488; Directorate Identifier 2005-NM-151- del Aeronautica S.A. (EMBRAER) Model structure. AD; Amendment 39-14637; AD 2000-11-19-R1] EMB-120, -120ER, -120FC, -120QC, and -120RT 8923. A letter from the Program Analyst, (RIN: 2120-AA64) received July 24, 2006, pur- Airplanes [Docket No. FAA-2006-24076; Direc- FAA, Department of Transportation, trans- suant to 5 U.S.C. 801(a)(1)(A); to the Com- torate Identifier 2006-NM-015-AD; Amend- mitting the Department’s final rule — Air- mittee on Transportation and Infrastruc- ment 39-14640; AD 2006-12-14] (RIN: 2120-AA64) worthiness Directives; Boeing Model 737-600, ture. received July 24, 2006, pursuant to 5 U.S.C. -700, -700C, -800, and -900 Series Airplanes 8909. A letter from the Program Analyst, 801(a)(1)(A); to the Committee on Transpor- [Docket No. FAA-2005-20626; Directorate FAA, Department of Transportation, trans- tation and Infrastructure. Identifier 2004-NM-243-AD; Amendment 39- mitting the Department’s final rule — Air- 8916. A letter from the Program Analyst, 14636; AD 2006-12-11] (RIN: 2120-AA64) received worthiness Directives; Airbus Model A300 B4 FAA, Department of Transportation, trans- July 24, 2006, pursuant to 5 U.S.C. Series Airplanes; Model A300 B4-600 Series mitting the Department’s final rule — Air- 801(a)(1)(A); to the Committee on Transpor- Airplanes; Model A300 C4-605R Variant F Air- worthiness Directives; Hamilton Sundstrand tation and Infrastructure. planes; Model A310-200 Series Airplanes; and Model 14RF-19 Propellers [Docket No. FAA- 8924. A letter from the Program Analyst, Model A310-300 Series Airplanes [Docket No. 2005-21691; Directorate Identifier 2005-NE-13- FAA, Department of Transportation, trans- FAA-2006-24200; Directorate Identifier 2006- AD; Amendment 39-14645; AD 2006-12-19] (RIN: mitting the Department’s final rule — Air- NM-012-AD; Amendment 39-14630; AD 2006-12- 2120-AA64) received July 24, 2006, pursuant to worthiness Directives; Bombardier Model 05] (RIN: 2120-AA64) received July 24, 2006, 5 U.S.C. 801(a)(1)(A); to the Committee on DHC-8-102, -103, -106, -201, -202, -301, -311, -314, pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Transportation and Infrastructure. and -315 Airplanes; Equipped with Certain mittee on Transportation and Infrastruc- 8917. A letter from the Program Analyst, Cockpit Door Installations [Docket No. FAA- ture. FAA, Department of Transportation, trans- 2006-24411; Directorate Identifier 2006-NM-033- 8910. A letter from the Program Analyst, mitting the Department’s final rule — Air- AD; Amendment 39-14642; AD 2006-12-16] (RIN: FAA, Department of Transportation, trans- worthiness Directives; Bombardier Model 2120-AA64) received July 24, 2006, pursuant to mitting the Department’s final rule — Air- DHC-8-400 Series Airplanes [Docket No. FAA- 5 U.S.C. 801(a)(1)(A); to the Committee on worthiness Directives; Boeing Model 737-300, 2006-24365; Directorate Identifier 2006-NM-022- Transportation and Infrastructure. -400, -500, -700, and -800 Series Airplanes; AD; Amendment 39-14641; AD 2006-12-15] (RIN: 8925. A letter from the Program Analyst, Model 747-400 and -400F Series Airplanes; 2120-AA64) received July 24, 2006, pursuant to FAA, Department of Transportation, trans- Model 757-200 Series Airplanes; Model 767-300 5 U.S.C. 801(a)(1)(A); to the Committee on mitting the Department’s final rule — Air- Series Airplanes; and Model 777-300 Series Transportation and Infrastructure. worthiness Directives; Goodrich Evacuation Airplanes; and Model 777-300 Series Airplanes 8918. A letter from the Program Analyst, Systems Approved Under Technical Standard Equipped with Certain Driessen or Showa FAA, Department of Transportation, trans- Order (TSO) TSO-C69b and Installed on Air- Galleys or Driessen Closets [Docket No. mitting the Department’s final rule — Air- bus Model A330-200 and -300 Series Airplanes, FAA-2005-22628; Directorate Identifier 2005- worthiness Directives; Boeing Model 747-100, Model A340-200 and -300 Series Airplanes, and NM-056-AD; Amendment 39-14631; AD 2006-12- 747-100B, 747-100B SUD, 747-200B, 747-200C, 747- Model A340-541 and -642 Airplanes [Docket 06] (RIN: 2120-AA64) Received July 24, 2006, 300, 747-400, 747-400D, and 747SR Series Air- No. FAA-2006-23890; Directorate Identifier pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- planes [Docket No. FAA-2006-24102; Direc- 2005-NM-229-AD; Amendment 39-14633; AD mittee on Transportation and Infrastruc- torate Identifier 2005-NM-244-AD; Amend- 2006-12-08] (RIN: 2120-AA64) received July 24, ture. ment 39-14638; AD 2006-12-12] (RIN: 2120-AA64) 2006, pursuant to 5 U.S.C. 801(a)(1)(A); to the 8911. A letter from the Program Analyst, received July 24, 2006, pursuant to 5 U.S.C. Committee on Transportation and Infra- FAA, Department of Transportation, trans- 801(a)(1)(A); to the Committee on Transpor- structure. mitting the Department’s final rule — Air- tation and Infrastructure. 8926. A letter from the Program Analyst, worthiness Directives; DORNIER 8919. A letter from the Program Analyst, FAA, Department of Transportation, trans- LUFTFAHRT GmbH Models 228-100, 228-101, FAA, Department of Transportation, transmitting the Department’s final rule — Air- 228-200, 228-201, 228-202, and 282-212 Airplanes mitting the Department’s final rule — Air- worthiness Directives; Boeing Model 757-200 [Docket No. FAA-2006-24095; Directorate worthiness Directives; Airbus Model A300 B4- Series Airplanes Modified by Supplemental Identifier 2006-CE-21-AD; Amendment 39- 600R Series Airplanes, A300 C4-605R Variant Type Certificate (STC) SA979NE [Docket No. 14624; AD 2006-11-19] (RIN: 2120-AA64) received F Airplanes, A300 F4-600R Series Airplanes; FAA-2006-25175; Directorate Identifier 2006- July 24, 2006, pursuant to 5 U.S.C. and Model A310-300 Series Airplanes [Docket NM-099-AD; Amendment 39-14670; AD 2006-13- 801(a)(1)(A); to the Committee on Transpor- No. FAA-2006-24103; Directorate Identifier 17] (RIN: 2120-AA64) received July 24, 2006, tation and Infrastructure. 2005-NM-241-AD; Amendment 39-14625; AD pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 8912. A letter from the Program Analyst, 2006-12-01] (RIN: 2120-AA64) received July 24, mittee on Transportation and Infrastruc- FAA, Department of Transportation, trans- 2006, pursuant to 5 U.S.C. 801(a)(1)(A); to the ture. mitting the Department’s final rule — Air- Committee on Transportation and Infra- 8927. A letter from the Program Analyst, worthiness Directives; Pacific Aerospace structure. FAA, Department of Transportation, trans- Corporation Ltd. Model 750XL Airplanes 8920. A letter from the Program Analyst, mitting the Department’s final rule — Air- [Docket No. FAA-2006-24081; Directorate FAA, Department of Transportation, trans- worthiness Directives; Bell Helicopter Tex- Identifier 2006-CE-15-AD; Amendment 39- mitting the Department’s final rule — Air- tron Canada Model 222, 222B, 222U, 230, and

VerDate Aug 31 2005 02:03 Jul 28, 2006 Jkt 049060 PO 00000 Frm 00058 Fmt 4634 Sfmt 0634 E:\CR\FM\L27JY7.000 H27JYPT1 CCOLEMAN on PROD1PC71 with HOUSE July 27, 2006 CONGRESSIONAL RECORD — HOUSE H6015 430 Helicopters [Docket No. FAA-2006-25098; worthiness Directives; Gulfstream Aerospace 2120-AA64) received July 24, 2006, pursuant to Directorate Identifier 2006-SW-12-AD; LP Model Galaxy and Model Gulfstream 200 5 U.S.C. 801(a)(1)(A); to the Committee on Amendment 39-14667; AD 2006-13-14] (RIN: Airplanes [Docket No. FAA-2005-23478; Direc- Transportation and Infrastructure. 2120-AA64) received July 24, 2006, pursuant to torate Identifier 2005-NM-175-AD; Amend- 8943. A letter from the Program Analyst, 5 U.S.C. 801(a)(1)(A); to the Committee on ment 39-14602; AD 2006-10-18] (RIN: 2120-AA64) FAA, Department of Transportation, trans- Transportation and Infrastructure. received July 24, 2006, pursuant to 5 U.S.C. mitting the Department’s final rule — Air- 8928. A letter from the Program Analyst, 801(a)(1)(A); to the Committee on Transpor- worthiness Directives; Saab Model SAAB- FAA, Department of Transportation, trans- tation and Infrastructure. Fairchild SF340A (SAAB/SF340A) and SAAB mitting the Department’s final rule — Air- 8936. A letter from the Program Analyst, 340B Airplanes [Docket No. FAA-2006-24075; worthiness Directives; Airbus Model A318, FAA, Department of Transportation, trans- Directorate Identifier 2005-NM-235-AD; A319, A320, and A321 Airplanes [Docket No. mitting the Department’s final rule — Air- Amendment 39-14589; AD 2006-10-05] (RIN: FAA-2006-24949; Directorate Identifier 2006- worthiness Directives; Honeywell Inter- 2120-AA64) received July 24, 2006, pursuant to NM-110-AD; Amendment 39-14626; AD 2006-12- national Inc. T5311A, T5311B, T5313B, T5317A, 5 U.S.C. 801(a)(1)(A); to the Committee on 02] (RIN: 2120-AA64) received July 24, 2006, T5317A-1, and T5317B Series Turboshaft En- Transportation and Infrastructure. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- gines and Lycoming Former Military T53-L- 8944. A letter from the Program Analyst, mittee on Transportation and Infrastruc- 11B, T53-L-11D, T53-L-13B, T53-L-13B/D, and FAA, Department of Transportation, trans- ture. T53-L-703 Series Turboshaft Engines [Docket mitting the Department’s final rule — Air- 8929. A letter from the Program Analyst, No. 98-ANE-72-AD; Amendment 39-14620; AD worthiness Directives; Bombardier Model FAA, Department of Transportation, trans- 2006-11-16] (RIN: 2120-AA64) received July 24, CL-600-2B19 (Regional Jet Series 100 & 440) mitting the Department’s final rule — Air- 2006, pursuant to 5 U.S.C. 801(a)(1)(A); to the Airplanes [Docket No. FAA-2006-23936; Direc- worthiness Directives; Boeing Model 737-100, Committee on Transportation and Infra- torate Identifiier 2005-NM-215-AD; Amend- -200, -200C, -300, -400, and -500 Series Air- structure. ment 39-14590; AD 2006-10-06] (RIN: 2120-AA64) planes [Docket No. FAA 2006-25030; Direc- 8937. A letter from the Program Analyst, received July 24, 2006, pursuant to 5 U.S.C. torate Identifier 2006-NM-109-AD; Amend- FAA, Department of Transportation, trans- 801(a)(1)(A); to the Committee on Transpor- ment 39-14649; AD 2006-12-23] (RIN: 2120-AA64) mitting the Department’s final rule — Air- tation and Infrastructure. received July 24, 2006, pursuant to 5 U.S.C. worthiness Directives; Boeing Model 747 Air- 8945. A letter from the Program Analyst, 801(a)(1)(A); to the Committee on Transpor- planes [Docket No. FAA-2005-22510; Direc- FAA, Department of Transportation, trans- tation and Infrastructure. torate Identifier 2004-NM-32-AD; Amendment mitting the Department’s final rule — Air- 8930. A letter from the Program Analyst, 39-14600; AD 2006-10-16] (RIN: 2120-AA64) re- worthiness Directives; Pratt & Whitney Can- FAA, Department of Transportation, trans- ceived July 24, 2006, pursuant to 5 U.S.C. ada (PWC) PW535A Turboshaft Engines mitting the Department’s final rule — Air- 801(a)(1)(A); to the Committee on Transpor- [Docket No. FAA-2006-24117; Directorate worthiness Directives; Airbus Model A318, tation and Infrastructure. Identifier 2006-NE-07-AD; Amendment 39- A319, A320, and A321 Airplanes [Docket No. 8938. A letter from the Program Analyst, 14570; AD 2006-08-13] (RIN: 2120-AA64) received FAA-2006-24949; Directorate Identifier 2006- FAA, Department of Transportation, trans- July 24, 2006, pursuant to 5 U.S.C. NM-110-AD; Amendment 39-14626; AD 2006-12- mitting the Department’s final rule — Air- 801(a)(1)(A); to the Committee on Transpor- 02] (RIN: 2120-AA64) received July 24, 2006, worthiness Directives; McDonnell Douglas tation and Infrastructure. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Model DC-9-10, DC-9-20, DC-9-30, DC-9-40, and 8946. A letter from the Chief, Regulations mittee on Transportation and Infrastruc- DC-9-50 Series Airplanes; Model DC-9-81 (MD- Mgt., Office of Regulation Policy T Mgt., De- ture. 81), DC-9-82, (MD-82), DC-9-83 (MD-83), and partment of Veterans Affairs, transmitting 8931. A letter from the Program Analyst, DC-9-87 (MD-87) Airplanes; Model MD-88 Air- the Department’s final rule — Definition of FAA, Department of Transportation, trans- planes; Model MD-90-30 Airplanes; and Model Psychosis for Certain VA Purposes (RIN: mitting the Department’s final rule — Air- 717-200 Airplanes [Docket No. FAA-2005-22254; 2900-AK21) received July 27, 2006, pursuant to worthiness Directives; Raytheon Model Directorate Identifier 2005-NM-001-AD; 5 U.S.C. 801(a)(1)(A); to the Committee on HS.125 Series 700A and 700B Airplanes; Model Amendment 39-14598; AD 2006-10-14] (RIN: Veterans’ Affairs. BAe.125 Series 800A (including variants C-29A 2120-AA64) received 24, 2006, pursuant to 5 8947. A letter from the Deputy Director, and U-125), 800B, 1000A, and 1000B Airplanes; U.S.C. 801(a)(1)(A); to the Committee on Regulations & Rulings Div., Alcohol & To- and Hawker 800 (including variant U-125A), Transportation and Infrastructure. bacco Tax & Trade Bureau, Department of 800XP, and 1000 Airplanes [Docket No. FAA- 8939. A letter from the Program Analyst, the Treasury, transmitting the Department’s 2006-25011; Directorate Identifier 2006-NM-118- FAA, Department of Transportation, trans- final rule — Expansion of the Livermore Val- AD; Amendment 39-14646; AD 2006-12-20] (RIN: mitting the Department’s final rule — Air- ley Viticultural Area (2002R-202R) [T.D. TTB- 2120-AA64) received July 24, 2006, pursuant to worthiness Directives; BAE Systems (Oper- 47; Re: Notice No. 43] (RIN: 1513-AA54) re- 5 U.S.C. 801(a)(1)(A); to the Committee on ations) Limited Model BAe 146 Airplanes and ceived July 12, 2006, pursuant to 5 U.S.C. Transportation and Infrastructure. Model Avro 146-RJ Airplanes [Docket No. 801(a)(1)(A); to the Committee on Ways and 8932. A letter from the Program Analyst, FAA-2005-23215; Directorate Identifier 2005- Means. FAA, Department of Transportation, trans- NM-212-AD; Amendment 39-14596; AD 2006-10- 8948. A letter from the Director, Regula- mitting the Department’s final rule — Air- 12] (RIN: 2120-AA64) received July 24, 2006, tions and Rulings Division, Alcohol & To- worthiness Directives; Eurocopter France pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- bacco Tax & Trade Bureau, Department of Model EC130 B4 Helicopters [Docket No. mittee on Transportation and Infrastruc- the Treasury, transmitting the Department’s FAA-2006-24807; Directorate Identifier 2005- ture. final rule — Expansion of San Francisco Bay SW-41-AD; Amendment 39-14603; AD 2006-10- 8940. A letter from the Program Analyst, and Central Coast Viticultural Areas (2002R- 19] (RIN: 2120-AA64) received July 24, 2006, FAA, Department of Transportation, trans- 202R) [T.D. TTB-48; Re: Notice No. 44] (RIN: pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- mitting the Department’s final rule — Air- 1513-AA55) received July 12, 2006, pursuant to mittee on Transportation and Infrastruc- worthiness Directives; Boeing Model 767-200, 5 U.S.C. 801(a)(1)(A); to the Committee on ture. -300, and -300F Series Airplanes [Docket No. Ways and Means. 8933. A letter from the Program Analyst, FAA-2005-22529; Directorate Identifier 2005- 8949. A letter from the Director, Regula- FAA, Department of Transportation, trans- NM-099-AD; Amendment 39-14592; AD 2006-10- tions and Rulings Division, Alcohol & To- mitting the Department’s final rule — Air- 08] (RIN: 2120-AA64) received July 24, 2006, bacco Tax & Trade Bureau, Department of worthiness Directives; Eurocopter France pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- the Treasury, transmitting the Department’s Model AS355E, F, F1, F2, and N Helicopters mittee on Transportation and Infrastruc- final rule — Realignment of the Santa Lucia [Docket No. 2003-SW-10-AD; Amendment 39- ture. Highlands and Arroyo Seco Viticultural 14621; AD 2003-21-09 R1] (RIN: 2120-AA64) re- 8941. A letter from the Program Analyst, Areas (2003R-083R) [T.D. TTB-49; Re: Notice ceived July 24, 2006, pursuant to 5 U.S.C. FAA, Department of Transportation, trans- No. 29 and 35] (RIN: 1513-AA72) received July 801(a)(1)(A); to the Committee on Transpor- mitting the Department’s final rule — Air- 12. 2006, pursuant to 5 U.S.C. 801(a)(1)(A); to tation and Infrastructure. worthiness Directives; Hamilton Sundstrand the Committee on Ways and Means. 8934. A letter from the Program Analyst, Model 14RF-9 Propellers [Docket No. FAA- 8950. A letter from the Director, Regula- FAA, Department of Transportation, trans- 2006-24517; Directorate Identifier 2006-NE-18- tions and Rulings Division, Alcohol & To- mitting the Department’s final rule — Air- AD; Amendment 39-14591; AD 2006-10-07] (RIN: bacco Tax & Trade Bureau, Department of worthiness Directives; Sikorsky Aircraft 2120-AA64) received July 24, 2006, pursuant to the Treasury, transmitting the Department’s Corporation Model S-92A Helicopters [Dock- 5 U.S.C. 801(a)(1)(A); to the Committee on final rule — Establishment of the Saddle et No. FAA-2006-24875; Directorate Identifier Transportation and Infrastructure. Rock-Malibu Viticultural Area (2003R-110P) 2006-SW-03-AD; Amendment 39-14618; AD 2006- 8942. A letter from the Program Analyst, [T.D. TTB-52; Re: Notice No. 55] (RIN: 1513- 11-14] (RIN: 2120-AA64) received July 24, 2006, FAA, Department of Transportation, trans- AB15) received July 20, 2006, pursuant to 5 pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- mitting the Department’s final rule — Air- U.S.C. 801(a)(1)(A); to the Committee on mittee on Transportation and Infrastruc- worthiness Directives; Boeing Model 747- Ways and Means. ture. 200B, 747-200C, 747-200F, 747-300, 747-400, and 8951. A letter from the Director, Regula- 8935. A letter from the Program Analyst, 747SP Series Airplanes [Docket No. FAA- tions and Rulings Division, Alcohol & To- FAA, Department of Transportation, trans- 2006-23819; Directorate Identifier 2005-NM-223- bacco Tax & Trade Bureau, Department of mitting the Department’s final rule — Air- AD; Amendment 39-14588; AD 2006-10-04] (RIN: the Treasury, transmitting the Department’s

VerDate Aug 31 2005 02:03 Jul 28, 2006 Jkt 049060 PO 00000 Frm 00059 Fmt 4634 Sfmt 0634 E:\CR\FM\L27JY7.000 H27JYPT1 CCOLEMAN on PROD1PC71 with HOUSE H6016 CONGRESSIONAL RECORD — HOUSE July 27, 2006 final rule — Establishment of the Eola- empt Entities Are Parties and Related Dis- the Committees on International Relations Amity Hills Viticultural Area (2002R-216P) closure Requirements [Notice 2006-65] re- and Appropriations. received July 20, 2006, pursuant to 5 U.S.C. ceived July 20, 2006, pursuant to 5 U.S.C. 8971. A letter from the Deputy Director of 801(a)(1)(A); to the Committee on Ways and 801(a)(1)(A); to the Committee on Ways and Communications and Legislative Affairs, Means. Means. Equal Employment Opportunity Commis- 8952. A letter from the Director, Regula- 8962. A letter from the Chief, Publications sion, transmitting the Commission’s Annual tions and Rulings Division, Alcohol & To- and Regulations Branch, Internal Revenue Report on the Federal Work Force for Fiscal bacco Tax & Trade Bureau, Department of Service, transmitting the Service’s final rule Year 2005, pursuant to 42 U.S.C. 2000e-4(e); the Treasury, transmitting the Department’s — Employer Comparable Contributions to jointly to the Committees on Government final rule — Establishment of the Alta Mesa, Health Savings Accounts under Section Reform and Education and the Workforce. Borden Ranch, Clements Hills, Cosumnes 4980G [TD 9277] (RIN: 1545-BE30) received 8972. A letter from the President & CEO, River, Jahant, Mokelumne River, and July 26, 2006, pursuant to 5 U.S.C. Overseas Private Investment Corporation, Sloughhouse Viticultural Areas [T.D. TTB- 801(a)(1)(A); to the Committee on Ways and transmitting the Corporation’s annual Man- 50; RE: Notice No. 50] (RIN: 1513-1182) re- Means. agement Report for FY 2005, Performance ceived July 20, 2006, pursuant to 5 U.S.C. 8963. A letter from the Chief, Publications Budget for FY 2007, Performance and Ac- 801(a)(1)(A); to the Committee on Ways and and Regulations Branch, Internal Revenue countability Report for FY 2005, and Report Means. Service, transmitting the Service’s final rule on Development and U.S. Effects on OPIC’s 8953. A letter from the Assistant Chief — Weighted Average Interest Rate Update FY 2005 projects and Report on Cooperation Counsel, Employee Benefits, Internal Rev- [Notice 2006-66] received July 27, 2006, pursu- with Private Insurers, pursuant to 31 U.S.C. enue Service, transmitting the Service’s ant to 5 U.S.C. 801(a)(1)(A); to the Committee 9106; jointly to the Committees on Govern- final rule — Interim Guidance on the Appli- on Ways and Means. ment Reform and International Relations. cation of Section 409A to Accelerated Pay- 8964. A letter from the Chief, Publications 8973. A letter from the Assistant Secretary ments to Satisfy Federal Conflict of Interest and Regulations Branch, Internal Revenue for Legislative Affairs, Department of State, Requirements [Notice 2006-64] received July Service, transmitting the Service’s final rule transmitting a copy of a draft bill entitled, 6, 2006, pursuant to 5 U.S.C. 801(a)(1)(A); to — Coordinated Issue: Claim Revenue under a ‘‘To implement the Convention on the Con- the Committee on Ways and Means. Long-term Contract (Uniform Issue List 8954. A letter from the Assistant Chief Number: 460.02-04) received July 26, 2006, pur- servation and Management of Highly Migra- Counsel, Employee Benefits, Internal Rev- suant to 5 U.S.C. 801(a)(1)(A); to the Com- tory Fish Stocks in the Western and Central enue Service, transmitting the Service’s mittee on Ways and Means. Pacific Ocean’’; jointly to the Committees final rule — Industry Issue Resolution Re- 8965. A letter from the Secretary, Depart- on Resources and the Judiciary. garding the Work Opportunity and Welfare- ment of Agriculture, transmitting the De- 8974. A letter from the Director, Office of to-Work Tax Credits (Announcement 2006-49) partment’s report on the Department’s con- National Drug Control Policy, transmitting received July 6, 2006, pursuant to 5 U.S.C. tracting out policies, including agency budg- the Administration’s Synthetic Drug Control 801(a)(1)(A); to the Committee on Ways and ets for contracting out, as required by Pub. Strategy; jointly to the Committees on the Means. L. 109-97, Title 1; jointly to the Committees Judiciary and Energy and Commerce. 8955. A letter from the Assistant Chief on Appropriations and Government Reform. 8975. A letter from the Secretary, Depart- Counsel, Employee Benefits, Internal Rev- 8966. A letter from the Secretary, Depart- ment of Homeland Security, transmitting enue Service, transmitting the Service’s ment of Agriculture, transmitting the De- notification of the actions the Secretary has final rule — Definition of ‘‘amount involved’’ partment’s report on the Department’s con- taken regarding security measures at Port- and ’’correction’’ (Rev. Rul. 2006-38) received tracting out policies, including agency budg- au-Prince International Airport, Port-au- July 6, 2006, pursuant to 5 U.S.C. 801(a)(1)(A); ets for contracting out, as required by Pub. Prince, Haiti, pursuant to 49 U.S.C. to the Committee on Ways and Means. L. 109-97, Title 1; jointly to the Committees 44907(d)(1); jointly to the Committees on 8956. A letter from the Chief, Publications on Appropriations and Government Reform. Transportation and Infrastructure and Inter- and Regulations Branch, Internal Revenue 8967. A letter from the Assistant Secretary national Relations. Service, transmitting the Service’s final rule for Legislative Affairs, Department of State, 8976. A letter from the Secretary, Depart- — Field Directive on Asset Class and Depre- transmitting a report assessing the voting ment of Labor, transmitting a copy of a ciation for Casino Construction Costs — re- practices of the governments of UN members draft bill entitled, ‘‘Unemployment Com- ceived July 13, 2006, pursuant to 5 U.S.C. states in the General Assembly and Security pensation Program Integrity Act of 2006’’; 801(a)(1)(A); to the Committee on Ways and Council for 2005, and evaluating the actions jointly to the Committees on Ways and Means. and responsiveness of those governments to Means and Government Reform. 8957. A letter from the Chief, Publications United States policy on issues of special im- 8977. A letter from the Chairman, Medicare and Regulations Branch, Internal Revenue portance to the United States, pursuant to Payment Advisory Commission, transmit- Service, transmitting the Service’s final rule Public Law 101-167, section 527(a) Public Law ting a copy of the Commission’s ‘‘June 2006 — Effect of Elections in Certain Multi-Step 101-246, section 406; jointly to the Commit- Report to the Congress: Increasing the Value Transactions [TD 9271] (RIN: 1545-BB68) re- tees on International Relations and Appro- of Medicare’’; jointly to the Committees on ceived July 13, 2006, pursuant to 5 U.S.C. priations. Ways and Means and Energy and Commerce. 801(a)(1)(A); to the Committee on Ways and 8968. A letter from the Assistant Secretary Means. for Legislative Affairs, Department of State, 8958. A letter from the Acting Chief, Publi- transmitting pursuant to section 7(a) of the f cations and Regulations, Internal Revenue Jerusalem Embassy Act of 1995 (Pub. L. 104- Service, transmitting the Service’s final rule 45), a copy of Presidential Determination No. REPORTS OF COMMITTEES ON — Disclosures of Return Information by Cer- 2006-15 suspending the limitation on the obli- PUBLIC BILLS AND RESOLUTIONS tain Officers and Employees for Investgative gation of the State Department Appropria- Purposes [TD 9274] (RIN: 1545-BB16) received tions contained in sections 3(b) and 7(b) of Under clause 2 of rule XIII, reports of July 13, 2006, pursuant to 5 U.S.C. that Act for six months as well as the peri- committees were delivered to the Clerk 801(a)(1)(A); to the Committee on Ways and odic report provided for under Section 6 of for printing and reference to the proper Means. the Act covering the period from December calendar, as follows: 8959. A letter from the Chief, Publications 15, 2005 to the present; jointly to the Com- & Regulations Branch, Internal Revenue mittees on International Relations and Ap- Mr. OXLEY: Committee on Financial Serv- Service, transmitting the Service’s final rule propriations. ices. H.R. 5039. A bill to establish a program — Determination of Issue Price in the Case 8969. A letter from the Ambassador, De- to revitalize rural multifamily housing as- of Certain Debt Instruments Issued for Prop- partment of State, transmitting a report re- sisted under the Housing Act of 1949; with an erty (Rev. Rul. 2006-39) received July 20, 2006, quired by Section 653(a) of the Foreign As- amendment (Rept. 109–604). Referred to the pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- sistance Act of 1961, as amended, for the Committee of the Whole House on the State mittee on Ways and Means. funds appropriated by the Foreign Oper- of the Union. 8960. A letter from the Chief, Publications ations, Export Financing, and Related Pro- Mr. OXLEY: Committee on Financial Serv- and Regulations, Internal Revenue Service, grams Appropriations Act, 2004, as enacted ices. H.R. 5347. A bill to reauthorize the transmitting the Service’s final rule — Re- in Public Law 108-199, for Development As- HOPE VI program for revitalization of public porting of Gross Proceeds Payments to At- sistance and Child Survival and Health Pro- housing projects (Rept. 109–605). Referred to torneys [TD 9270] (RIN: 1545-AW72) received grams; jointly to the Committees on Inter- the Committee of the Whole House on the July 20, 2006, pursuant to 5 U.S.C. national Relations and Appropriations. State of the Union. 801(a)(1)(A); to the Committee on Ways and 8970. A letter from the Assistant Secretary Mr. HASTINGS of Washington: Committee Means. for Legislative Affairs, Department of State, on Rules. House Resolution 958. Resolution 8961. A letter from the Chief, Publications transmitting a Determination and Memo- waiving a requirement of clause 6(a) of rule and Regulations Branch, Internal Revenue randum of Justification pursuant to Section XIII with respect to consideration of certain Service, transmitting the Service’s final rule 589 of the Foreign Operations, Export Fi- resolutions reported from the Committee on — Excise Taxes With Respect To Prohibited nancing and Related Program Appropria- Rules (Rept. 109–606). Referred to the House Tax Shelter Transactions to Which Tax-Ex- tions Act of 2006, Pub. L. 109-102; jointly to Calendar.

VerDate Aug 31 2005 02:03 Jul 28, 2006 Jkt 049060 PO 00000 Frm 00060 Fmt 4634 Sfmt 0634 E:\CR\FM\L27JY7.000 H27JYPT1 CCOLEMAN on PROD1PC71 with HOUSE July 27, 2006 CONGRESSIONAL RECORD — HOUSE H6017 PUBLIC BILLS AND RESOLUTIONS additional authorities to ensure the safe and 950 Missouri Avenue in East St. Louis, Illi- effective use of drugs, to establish whistle- Under clause 2 of rule XII, public nois, as the ‘‘Katherine Dunham Post Office blower protections for certain individuals, Building’’; to the Committee on Government bills and resolutions were introduced and for other purposes; to the Committee on Reform. and severally referred, as follows: Energy and Commerce. By Mr. CRAMER: By Mr. KENNEDY of Minnesota (for By Mr. ACKERMAN (for himself, Mr. H.R. 5930. A bill to establish the Muscle himself and Mr. CASE): BISHOP of New York, Mr. ISRAEL, Mr. Shoals National Heritage Area in the State H.R. 5915. A bill to require that the Teach- KING of New York, Mrs. MCCARTHY, of Alabama, and for other purposes; to the er Incentive Fund of the Department of Edu- Mr. MEEKS of New York, Mr. CROW- Committee on Resources. cation and other programs to support merit- LEY, Mr. NADLER, Mr. WEINER, Mr. By Mr. DOYLE (for himself, Mrs. BONO, ´ based teacher compensation systems award TOWNS, Mr. OWENS, Ms. VELAZQUEZ, Mr. VAN HOLLEN, Mr. WYNN, and Mr. its grant funds to support compensation sys- Mr. FOSSELLA, Mrs. MALONEY, Mr. MCHUGH): tems that are based primarily or exclusively RANGEL, Mr. SERRANO, Mr. ENGEL, H.R. 5931. A bill to improve efficiency in on student learning gains or maintenance of Mrs. LOWEY, Mrs. KELLY, Mr. high student learning gains, or both; to the the Federal Government through the use of SWEENEY, Mr. MCNULTY, Mr. HIN- high-performance green buildings, and for Committee on Education and the Workforce. CHEY, Mr. MCHUGH, Mr. BOEHLERT, By Mr. DINGELL (for himself, Mr. other purposes; to the Committee on Energy Mr. WALSH, Mr. REYNOLDS, Mr. HIG- and Commerce, and in addition to the Com- BROWN of Ohio, Mr. WAXMAN, Mr. GINS, Ms. SLAUGHTER, and Mr. KUHL MARKEY, Mr. BOUCHER, Mr. TOWNS, mittees on Government Reform, Science, of New York): and Transportation and Infrastructure, for a Mr. PALLONE, Mr. GORDON, Mr. RUSH, H.R. 5923. A bill to designate the facility of period to be subsequently determined by the Ms. ESHOO, Mr. STUPAK, Mr. ENGEL, the United States Postal Service located at Speaker, in each case for consideration of Mr. WYNN, Mr. GENE GREEN of Texas, 29-50 Union Street in Flushing, New York, as such provisions as fall within the jurisdic- Mr. STRICKLAND, Ms. DEGETTE, Mrs. the ‘‘Dr. Leonard Price Stavisky Post Of- CAPPS, Mr. DOYLE, Mr. ALLEN, Mr. fice’’; to the Committee on Government Re- tion of the committee concerned. DAVIS of Florida, Ms. SCHAKOWSKY, form. By Mr. EVERETT (for himself, Mr. Ms. SOLIS, Mr. GONZALEZ, Mr. INSLEE, By Mr. BAKER: BONNER, and Mr. ROGERS of Ala- Ms. BALDWIN, and Mr. ROSS): H.R. 5924. A bill to amend the Small Busi- bama): H.R. 5916. A bill to amend part B of title ness Act to provide for loan guarantees for H.R. 5932. A bill to amend the Internal Rev- XVIII of the Social Security Act to provide certain private disaster loans; to the Com- enue Code of 1986 to authorize agricultural for an increase in payment for physicians’ mittee on Small Business. producers to establish and contribute to tax- services under the Medicare Program for 2007 By Mr. BARTLETT of Maryland: exempt farm risk management accounts in and 2008; to the Committee on Energy and H.R. 5925. A bill to provide for Federal re- lieu of obtaining federally subsidized crop in- Commerce, and in addition to the Committee search, development, demonstration, and surance or noninsured crop assistance, to on Ways and Means, for a period to be subse- commercial application activities to enable provide for contributions to such accounts quently determined by the Speaker, in each the development of farms that are net pro- by the Secretary of Agriculture, to specify case for consideration of such provisions as ducers of both food and energy, and for other the situations in which amounts may be paid fall within the jurisdiction of the committee purposes; to the Committee on Science, and to producers from such accounts, and to concerned. in addition to the Committee on Agriculture, limit the total amount of such distributions By Mr. SODREL (for himself, Mr. for a period to be subsequently determined to a producer during a taxable year, and for HUNTER, Mr. MCHENRY, Mr. ROHR- by the Speaker, in each case for consider- other purposes; to the Committee on Ways ABACHER, Mr. KUHL of New York, ation of such provisions as fall within the ju- and Means, and in addition to the Committee Mrs. BLACKBURN, Mr. PENCE, Mr. SIM- risdiction of the committee concerned. on Agriculture, for a period to be subse- MONS, Mr. GERLACH, Mr. PAUL, and By Ms. BERKLEY: quently determined by the Speaker, in each Ms. HARRIS): H.R. 5926. A bill to provide for the energy case for consideration of such provisions as independence of the United States; to the H.R. 5917. A bill to amend the Internal Rev- fall within the jurisdiction of the committee Committee on Ways and Means, and in addi- enue Code of 1986 to provide that tips re- concerned. tion to the Committees on Resources, En- ceived for certain services shall not be sub- By Mr. FEENEY (for himself and Mr. ergy and Commerce, and Science, for a pe- ject to income or employment taxes; to the MEEKS of New York): Committee on Ways and Means. riod to be subsequently determined by the H.R. 5933. A bill to provide for the admis- By Mr. PITTS (for himself, Mr. LAN- Speaker, in each case for consideration of sion to the United States of nonimmigrant TOS, Mr. PENCE, Mr. SMITH of New such provisions as fall within the jurisdic- business facilitation visitors; to the Com- Jersey, Mr. SOUDER, Mr. MCGOVERN, tion of the committee concerned. mittee on the Judiciary. Mr. HONDA, Mr. WAMP, Mr. By Mr. CARDIN: H.R. 5927. A bill to provide energy inde- By Mr. GOODE: MCCOTTER, Mr. BOEHLERT, Mr. pendence to Americans, to increase the effi- PAYNE, and Mr. ROHRABACHER): H.R. 5934. A bill to amend the Small Busi- H.R. 5918. A bill to amend the Immigration ciency and decrease the environmental im- ness Act to revise the definition of a and Nationality Act to protect vulnerable pact of America’s energy policy, to increase HUBZone with respect to counties that are refugees and asylum seekers; to the Com- America’s research and development in en- highly rural but adjacent to urban areas; to mittee on the Judiciary. ergy, and to encourage the development and the Committee on Small Business. By Mr. LIPINSKI (for himself and Mr. use of renewable forms of energy; to the By Mr. GREEN of Wisconsin: OSBORNE): Committee on Energy and Commerce, and in H.R. 5935. A bill to amend title XVIII of the H.R. 5919. A bill to empower parents to pro- addition to the Committees on Ways and Social Security Act to provide for an adjust- tect children from increasing depictions of Means, Transportation and Infrastructure, ment to the reduction of Medicare resident indecent material on television; to the Com- Government Reform, and Science, for a pe- positions based on settled cost reports; to mittee on Energy and Commerce. riod to be subsequently determined by the the Committee on Ways and Means. By Mr. WOLF (for himself, Mr. Speaker, in each case for consideration of By Mrs. LOWEY: such provisions as fall within the jurisdic- SCHWARZ of Michigan, Mr. TOM DAVIS H.R. 5936. A bill to amend title II of the So- tion of the committee concerned. of Virginia, Mr. MORAN of Virginia, cial Security Act to credit prospectively in- By Mr. CHANDLER (for himself, Mr. Mr. VAN HOLLEN, Mr. HOYER, Mr. LIN- dividuals serving as caregivers of dependent GEORGE MILLER of California, Ms. COLN DIAZ-BALART of Florida, Mr. relatives with deemed wages for up to five WOOLSEY, Ms. MCCOLLUM of Min- JONES of North Carolina, Ms. NOR- years of such service; to the Committee on nesota, Mr. CONYERS, Mr. HOLT, Mr. TON, Mr. MCCOTTER, and Mr. SIM- Ways and Means. HINOJOSA, Mr. GONZALEZ, Mr. CASE, MONS): By Mrs. LOWEY: H.R. 5920. A bill to amend the Internal Rev- Mr. OWENS, Mr. HOLDEN, Mr. DAVIS of enue Code of 1986 to exclude from gross in- Illinois, Mrs. TAUSCHER, Mr. MOORE H.R. 5937. A bill to assure equitable treat- come certain combat zone compensation of of Kansas, Mr. STARK, Mr. COSTA, and ment in health care coverage of prescription civilian employees of the United States; to Mr. PAYNE): drugs under group health plans, health insur- the Committee on Ways and Means. H.R. 5928. A bill to direct the Secretary of ance coverage, Medicare and Medicaid man- By Mr. SENSENBRENNER (for him- Education to make grants and low-interest aged care arrangements, Medigap insurance self, Mr. COBLE, and Mr. SMITH of loans to local educational agencies for the coverage, and health plans under the Federal Texas): construction, modernization, or repair of employees’ health benefits program H.R. 5921. A bill to amend titles 17 and 18, public kindergarten, elementary, and sec- (FEHBP); to the Committee on Energy and United States Code, to strengthen the pro- ondary educational facilities, and for other Commerce, and in addition to the Commit- tection of intellectual property, and for purposes; to the Committee on Education tees on Ways and Means, Education and the other purposes; to the Committee on the Ju- and the Workforce. Workforce, and Government Reform, for a diciary. By Mr. COSTELLO (for himself and Mr. period to be subsequently determined by the By Mr. MARKEY: CLAY): Speaker, in each case for consideration of H.R. 5922. A bill to amend the Federal H.R. 5929. A bill to designate the facility of such provisions as fall within the jurisdic- Food, Drug, and Cosmetic Act to establish the United States Postal Service located at tion of the committee concerned.

VerDate Aug 31 2005 02:03 Jul 28, 2006 Jkt 049060 PO 00000 Frm 00061 Fmt 4634 Sfmt 0634 E:\CR\FM\L27JY7.100 H27JYPT1 CCOLEMAN on PROD1PC71 with HOUSE H6018 CONGRESSIONAL RECORD — HOUSE July 27, 2006 By Mrs. LOWEY: H.R. 5947. A bill to correct an inequity in Celiac Awareness Month, and for other pur- H.R. 5938. A bill to reduce childhood obe- eligibility for military retired pay based on poses; to the Committee on Energy and Com- sity, and for other purposes; to the Com- nonregular service in the case of certain merce. mittee on Energy and Commerce, and in ad- members of the reserve components com- By Mr. VAN HOLLEN: dition to the Committee on Education and pleting their reserve service before 1966, and H. Con. Res. 458. Concurrent resolution the Workforce, for a period to be subse- for other purposes; to the Committee on congratulating the National Library of Medi- quently determined by the Speaker, in each Armed Services. cine on the occasion of its 50th anniversary; case for consideration of such provisions as By Mr. SMITH of New Jersey (for him- to the Committee on Energy and Commerce. fall within the jurisdiction of the committee self, Mr. LANTOS, and Mr. MCCOTTER): By Mr. BOEHNER: concerned. H.R. 5948. A bill to reauthorize the Belarus H. Res. 957. A resolution directing the Ser- By Mr. DANIEL E. LUNGREN of Cali- Democracy Act of 2004; to the Committee on geant at Arms of the House of Representa- fornia (for himself, Mr. COBLE, Mr. International Relations, and in addition to tives to deliver the mace of the House of SMITH of Texas, and Mr. FORBES): the Committees on the Judiciary, and Finan- Representatives to the Secretary of the H.R. 5939. A bill to amend title 18, United cial Services, for a period to be subsequently Smithsonian Institution for necessary re- States Code, to improve the criminal law re- determined by the Speaker, in each case for pairs; considered and agreed to. lating to terrorism, and for other purposes; consideration of such provisions as fall with- By Mr. CAMP of Michigan (for himself, to the Committee on the Judiciary. in the jurisdiction of the committee con- Mr. HERGER, Mr. MCDERMOTT, Mr. By Mrs. MALONEY (for herself, Mr. cerned. OBERSTAR, Ms. GINNY BROWN-WAITE OSBORNE, and Mr. HINCHEY): By Mr. SMITH of Washington (for him- of Florida, Mr. WILSON of South Caro- H.R. 5940. A bill to direct the Secretary of self and Mr. DICKS): lina, Mr. CARNAHAN, Mr. ROGERS of Health and Human Services to conduct or H.R. 5949. A bill to authorize a major med- Michigan, Mr. SHAW, and Mr. support a comprehensive study comparing ical facility project for the Department of ENGLISH of Pennsylvania): total health outcomes, including risk of au- Veterans Affairs at the Department of Vet- H. Res. 959. A resolution recognizing and tism, in vaccinated populations in the erans Affairs Medical Center, American supporting the success of the Adoption and United States with such outcomes in Lake, Washington; to the Committee on Vet- Safe Families Act of 1997 in increasing adop- unvaccinated populations in the United erans’ Affairs. tion and the efforts the Act has spurred in- States, and for other purposes; to the Com- By Mr. UDALL of New Mexico: cluding National Adoption Day and National mittee on Energy and Commerce. H.R. 5950. A bill to repeal certain tax sub- Adoption Month, and encouraging adoption By Mrs. MALONEY (for herself, Mr. sidies enacted by the Energy Policy Act of throughout the year; to the Committee on GEORGE MILLER of California, Mr. 2005 for oil and gas, to allow a credit against Ways and Means. BECERRA, Ms. DELAURO, Mr. income tax for farm diesel expenses, and to By Mr. FLAKE (for himself, Mr. PENCE, GRIJALVA, Mr. CLAY, Mr. allow a credit to farmers who produce bio- Mrs. MYRICK, and Mr. CASE): MCDERMOTT, Mr. SHAYS, and Mr. diesel and agri-biodiesel; to the Committee H. Res. 960. A resolution amending the SANDERS): on Ways and Means. Rules of the House of Representatives to H.R. 5941. A bill to establish certain re- By Mr. UDALL of New Mexico (for limit gifts to Members, officers, and employ- quirements relating to the continuation of himself, Ms. WOOLSEY, and Mr. ees of the House from State and local gov- the Survey of Income and Program Partici- MORAN of Virginia): ernments; to the Committee on Rules. pation; to the Committee on Government H.R. 5951. A bill to improve the health of By Ms. ROS-LEHTINEN (for herself, Reform. Americans and reduce health care costs by Mr. GENE GREEN of Texas, Mr. TIBERI, By Mr. MARSHALL: reorienting the Nation’s health care system Mr. MACK, Mr. MCINTYRE, Mr. H.R. 5942. A bill to require Congressional toward prevention, wellness, and self care; to MCNULTY, Mr. WAXMAN, Mr. approval for implementation of a severity- the Committee on Energy and Commerce, PALLONE, Mr. GRIJALVA, Mr. adjusted inpatient prospective payment sys- and in addition to the Committees on Ways DOGGETT, Ms. JACKSON-LEE of Texas, tem for rural hospitals under the Medicare and Means, Education and the Workforce, Mr. HINCHEY, Mr. JEFFERSON, Mr. Program; to the Committee on Ways and and Government Reform, for a period to be SCOTT of Georgia, Mr. PAYNE, Mr. Means. subsequently determined by the Speaker, in ORTIZ, Mr. FITZPATRICK of Pennsyl- By Mr. MCCAUL of Texas (for himself, each case for consideration of such provi- vania, Mr. BONNER, Mr. HAYWORTH, Mr. KING of New York, Mr. ROGERS of sions as fall within the jurisdiction of the Mr. MCCOTTER, Mr. SHAW, Mr. Alabama, Mr. REICHERT, Mr. POE, and committee concerned. WEXLER, Mr. RAMSTAD, and Mr. LIN- Mr. JINDAL): By Ms. VELA´ ZQUEZ (for herself, Mr. COLN DIAZ-BALART of Florida): H.R. 5943. A bill to amend the Homeland OWENS, Mr. SERRANO, Mr. RANGEL, H. Res. 961. A resolution encouraging the establishment of programs to increase public Security Act of 2002 to prevent waste, fraud, Mr. LIPINSKI, and Ms. BORDALLO): and abuse in emergency assistance programs H.R. 5952. A bill to increase access to and awareness of vision disorders in children; to administered by the Department of Home- consumption of fresh fruits, vegetables, and the Committee on Energy and Commerce. land Security; to the Committee on Home- healthy alternatives in low-income commu- By Mr. STEARNS: land Security, and in addition to the Com- nities with high incidences of obesity and H. Res. 962. A resolution recognizing the mittee on Transportation and Infrastruc- obesity-related disease; to the Committee on 200th anniversary of the sovereignty of the Principality of Liechtenstein, and expressing ture, for a period to be subsequently deter- Energy and Commerce, and in addition to the support for efforts by the United States mined by the Speaker, in each case for con- the Committees on Small Business, and to continue to strengthen its relationship sideration of such provisions as fall within Ways and Means, for a period to be subse- with that country; to the Committee on the jurisdiction of the committee concerned. quently determined by the Speaker, in each International Relations. By Mr. NADLER: case for consideration of such provisions as H.R. 5944. A bill to amend title 18, United fall within the jurisdiction of the committee f States Code, to protect our children from concerned. MEMORIALS child pornographers; to the Committee on By Mr. WYNN (for himself, Mrs. BONO, the Judiciary. Mr. DENT, Mr. TERRY, Mr. CALVERT, Under clause 3 of rule XII, memorials By Mr. PALLONE (for himself and Mr. Mr. BUYER, Mr. INGLIS of South Caro- were presented and referred as follows: STARK): lina, Mr. RUSH, Mr. MEEHAN, Mr. 430. The SPEAKER presented a memorial H.R. 5945. A bill to amend title XI of the ROSS, and Mr. LARSON of Con- of the House of Representatives of the State Social Security Act to protect the privacy of necticut): of Texas, relative to House Resolution No. drug prescriber information; to the Com- H.R. 5953. A bill to provide for the estab- 1300 memorializing the Congress of the mittee on Energy and Commerce. lishment of the Commission for the Deploy- United States to enact legislation relating to By Mr. POMBO (for himself, Mr. ABER- ment of Hydrogen and Fuel Cells, and for the assessment of penalties by a financial in- CROMBIE, Mr. YOUNG of Alaska, Mr. other purposes; to the Committee on stitution for an insufficient funds check; to SAXTON, and Mr. GILCHREST): Science, and in addition to the Committee the Committee on Financial Services. H.R. 5946. A bill to amend Magnuson-Ste- on Energy and Commerce, for a period to be 431. Also, a memorial of the Legislature of vens Fishery Conservation and Management subsequently determined by the Speaker, in the State of Idaho, relative to House Joint Act to authorize activities to promote im- each case for consideration of such provi- Memorial No. 18 urging support for and adop- proved monitoring and compliance for high sions as fall within the jurisdiction of the tion of amendments proposed to the No Child seas fisheries, or fisheries governed by inter- committee concerned. Left Behind Act contained in H.R. 1177; to national fishery management agreements, By Mrs. JO ANN DAVIS of Virginia: the Committee on Education and the Work- and for other purposes; to the Committee on H. Con. Res. 455. Concurrent resolution rec- force. Resources. ognizing the role of the National Guard and 432. Also, a memorial of the Senate of the By Mr. SCOTT of Virginia (for himself, State volunteers in protecting our Nation’s State of Texas, relative to a letter sup- Mr. GRIJALVA, Mr. BISHOP of Georgia, borders. porting H.R. 9, the Fannie Lou Hamer, Rosa Mrs. MALONEY, Mr. MCGOVERN, Mr. By Mrs. LOWEY: Parks, and Coretta Scott King Voting Rights LYNCH, Mr. PAYNE, Mr. CONYERS, Ms. H. Con. Res. 457. Concurrent resolution Act Reauthorization and Amendments Act of LEE, and Mr. CLEAVER): supporting the goals and ideals of National 2006; to the Committee on the Judiciary.

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433. Also, a memorial of the House of Rep- H.R. 4315: Mr. JINDAL and Mr. ANDREWS. H.R. 5735: Mr. STARK. resentatives of the State of Texas, relative H.R. 4341: Mr. MARSHALL and Mr. GREEN of H.R. 5751: Mr. CARTER, Mr. MCCAUL of to House Resolution No. 106 memorializing Wisconsin. Texas, Mr. KUHL of New York, Mr. KENNEDY the Congress of the United States to post- H.R. 4537: Mr. AL GREEN of Texas. of Minnesota, and Mr. MCCOTTER. humously bewtow the Congressional Medal H.R. 4547: Mr. ORTIZ, Mr. FOLEY, and Mr. H.R. 5755: Mr. CALVERT, Mr. LYNCH, Mr. of Honor upon Doris ‘‘Dorie’’ Miller and to WHITFIELD. SAXTON, Mr. HUNTER, Mr. SKELTON, Miss request the U.S. Postal Service issue a com- H.R. 4560: Ms. MOORE of Wisconsin. MCMORRIS, and Mr. WILSON of South Caro- memorative postage stamp to honor Miller; H.R. 4562: Mr. REICHERT, Mr. GREEN of Wis- lina. jointly to the Committees on Armed Serv- consin, Mr. BACHUS, Mr. BRADY of Texas, Mr. H.R. 5771: Ms. WATSON, Mr. KENNEDY of ices and Government Reform. GUTKNECHT, Mr. EHLERS, Mr. PITTS, Mr. Rhode Island, Mr. SERRANO, Ms. SOLIS, and HERGER, Mr. FRELINGHUYSEN, Ms. Mr. SMITH of Washington. f ´ VELAZQUEZ, and Mr. RUPPERSBERGER. H.R. 5791: Mr. AKIN, Mr. PLATTS, Mr. H.R. 4597: Mrs. CHRISTENSEN, Mr. SAM ADDITIONAL SPONSORS SHAYS, Mr. MCCOTTER, Mr. RYAN of Ohio, Mr. JOHNSON of Texas, Mr. DANIEL E. LUNGREN of MCNULTY, Mr. BERRY, and Mr. RUSH. Under clause 7 of rule XII, sponsors California, Mr. MCDERMOTT, Mr. H.R. 5795: Ms. ROYBAL-ALLARD, Ms. NEUGEBAUER, Mr. TAYLOR of North Carolina, were added to public bills and resolu- SCHWARTZ of Pennsylvania, Mrs. MCCARTHY, Mr. UDALL of New Mexico, Ms. WATSON, and tions as follows: Mr. MCDERMOTT, Ms. BERKLEY, Ms. JACKSON- Mr. SCHWARZ of Michigan. H.R. 328: Mr. RAHALL. LEE of Texas, Mr. DEFAZIO, Ms. WOOLSEY, H.R. 4618: Mr. FEENEY. H.R. 550: Mr. FORTUN˜ O, and Mr. DAVIS of Ms. DEGETTE, and Mr. JACKSON of Illinois. H.R. 4747: Mr. KUCINICH. Alabama. H.R. 5805: Mr. CALVERT, Ms. JACKSON-LEE H.R. 4766: Mr. UDALL of New Mexico and H.R. 566: Mr. SERRANO, Mr. SANDERS, and of Texas, Mr. SCHWARZ of Michigan, and Mr. Mr. UDALL of Colorado. Mr. BROWN of Ohio. KUHL of New York. H.R. 4829: Mr. ENGLISH of Pennsylvania. H.R. 615: Mr. WAMP. H.R. 4896: Mr. WAXMAN, Ms. ZOE LOFGREN H.R. 5807: Mr. ACKERMAN. H.R. 668: Mr. SANDERS and Ms. DELAURO. of California, and Mr. LIPINSKI. H.R. 5825: Mr. SCHWARZ of Michigan, Mr. H.R. 699: Mr. STUPAK and Mr. KUCINICH. H.R. 4910: Mr. TERRY. MILLER of Florida, and Mrs. MYRICK. H.R. 791: Mr. LOBIONDO. H.R. 4922: Ms. ROS-LEHTINEN and Mr. H.R. 5835: Mr. SMITH of Washington, Mr. H.R. 808: Ms. BEAN. FOSSELLA. CALVERT, Mr. SCHWARZ of Michigan, and Mr. H.R. 817: Mr. TIAHRT, Mr. SHUSTER, Mr. H.R. 4927: Mr. LARSEN of Washington. KUHL of New York. LAHOOD, Mrs. CUBIN, Mr. COSTA, Mrs. H.R. 4949: Mr. CROWLEY. H.R. 5837: Mr. HINCHEY. MYRICK, Mr. WALDEN of Oregon, Mr. HOEK- H.R. 4953: Mr. HIGGINS. H.R. 5853: Mr. PETRI. STRA, Mr. OSBORNE, Mrs. BLACKBURN, Mr. H.R. 4956: Mr. BUTTERFIELD, Ms. BORDALLO, H.R. 5858: Mr. PAYNE, Ms. JACKSON-LEE of BEAUPREZ, Mr. SERRANO, Mrs. JO ANN DAVIS Mr. LARSON of Connecticut, Mr. TANNER, Mr. Texas, Mr. SERRANO, Mrs. NAPOLITANO, Mr. of Virginia, Mr. SHERWOOD, Mr. GUTKNECHT, UDALL of New Mexico, Mr. UDALL of Colo- MCDERMOTT, and Mr. CASE. Mr. BOOZMAN, and Miss MCMORRIS. rado, and Mrs. TAUSCHER. H.R. 5862: Mr. MCHENRY, Mr. GOODE, Mr. H.R. 901: Mr. HYDE. H.R. 4982: Mr. HOLT and Mr. SPRATT. PRICE of Georgia, Mr. PENCE, Mr. PITTS, Mr. H.R. 952: Mr. RAHALL. H.R. 5022: Mr. ROHRABACHER, Mr. PASTOR, SAM JOHNSON of Texas, Mrs. MYRICK, Mr. H.R. 1227: Mr. JACKSON of Illinois and Mr. and Mr. JACKSON of Illinois. GUTKNECHT, Mr. GINGREY, Mr. TIAHRT, Mr. SHAW. H.R. 5092: Mr. GOODLATTE, Mr. BEAUPREZ, CARTER, Mr. KUHL of New York, and Mr. H.R. 1298: Mrs. WILSON of New Mexico. Mr. FRANKS of Arizona, Mr. WHITFIELD, Mr. SODREL. H.R. 1356: Mr. LOBIONDO. DINGELL, Mr. MCHENRY, Mr. TANCREDO, and H.R. 5866: Mr. BURTON of Indiana and Mr. H.R. 1384: Mr. LATHAM, Mr. PORTER, Mr. Mr. ORTIZ. KUHL of New York. GENE GREEN of Texas, and Mr. KELLER. H.R. 5134: Mrs. NAPOLITANO. H.R. 5875: Mr. OLVER. H.R. 5139: Mr. MILLER of North Carolina. H.R. 1405: Ms. JACKSON-LEE of Texas. H.R. 5878: Mr. MILLER of North Carolina. H.R. 1413: Mr. SMITH of Washington. H.R. 5140: Mr. MILLER of North Carolina. H.R. 5886: Mr. JACKSON of Illinois, Mr. H.R. 1441: Mr. LYNCH and Mr. KIRK. H.R. 5150: Mr. BERRY. PAYNE, and Ms. KAPTUR. H.R. 1451: Mr. LOBIONDO. H.R. 5182: Mrs. MYRICK and Mr. WU. H.R. 5890: Mr. GREEN of Wisconsin. H.R. 1471: Mr. JACKSON of Illinois, Mr. INS- H.R. 5249: Mr. BEAUPREZ and Mr. WELDON of H.J. Res. 89: Mr. OLVER and Mr. TIERNEY. LEE, Mr. HIGGINS, and Mr. LARSEN of Wash- Pennsylvania. H. Con. Res. 179: Mrs. BONO. ington. H.R. 5316: Mr. BOUCHER, Mr. HOLT, and Ms. H. Con. Res. 222: Mr. BEAUPREZ. H.R. 1578: Mr. CASE and Mr. BOUCHER. WOOLSEY. H. Con. Res. 340: Mr. GARRETT of New Jer- H.R. 1615: Mr. MARKEY. H.R. 5348: Mr. MCGOVERN and Mr. MCNUL- sey and Mr. ALLEN. H.R. 1849: Mr. SHAYS. TY. H. Con. Res. 390: Mr. CALVERT. H.R. 1872: Mr. SMITH of New Jersey. H.R. 5371: Mr. SPRATT. H.R. 5436: Mr. DAVIS of Illinois and Mr. H.R. 1940: Mrs. MILLER of Michigan and Mr. H. Con. Res. 404: Mr. GORDON, Mr. MILLER CARNAHAN. ENGEL. of North Carolina, Mr. MCDERMOTT, Mr. H.R. 5496: Mr. SAXTON, Mr. LOBIONDO, and H.R. 1946: Mr. MILLER of North Carolina. BOEHLERT, Mr. EDWARDS, Ms. BERKLEY, Ms. Mr. GARRETT of New Jersey. H.R. 2103: Mr. BURTON of Indiana. JACKSON-LEE of Texas, Mr. EMANUEL, Mr. H.R. 5519: Mr. BERRY. H.R. 2231: Mr. STUPAK, Mr. ROSS, and Mr. MOORE of Kansas, Mr. MCNULTY, Mr. INSLEE, H.R. 5539: Mr. MELANCON and Mr. MILLER of FRANKs of Arizona. Mr. DINGELL, and Mr. AL GREEN of Texas. North Carolina. H.R. 2671: Mr. RUSH and Mr. SMITH of New H. Con. Res. 416: Mr. SCHWARZ of Michigan, H.R. 5552: Mrs. MYRICK and Mr. BEAUPREZ. Jersey. Ms. CORRINE BROWN of Florida, and Mr. H.R. 5558: Mr. MACK, Mrs. BONO, Mr. H.R. 2841: Mr. GENE GREEN of Texas. JONES of North Carolina. MCCAUL of Texas, Mr. BACHUS, Miss H.R. 2842: Mr. FOSSELLA, Mr. TIAHRT, Mr. H. Con. Res. 447: Mr. STARK. MCMORRIS, and Mr. COLE of Oklahoma. BISHOP of Utah, Mr. RADANOVICH, Mr. H. Con. Res. 450: Ms. MCKINNEY. H.R. 5562: Mr. CROWLEY. OUDER ITTS ENSENBRENNER H. Res. 415: Mrs. TAUSCHER, Mr. HINCHEY, S , Mr. P , and Mr. S . H.R. 5578: Mr. KILDEE. Mr. ISRAEL, Mr. HIGGINS, Ms. SOLIS, Mr. H.R. 2868: Mr. LARSEN of Washington. H.R. 5588: Mr. JACKSON of Illinois. TIERNEY, Ms. LINDA T. SA´ NCHEZ of California, H.R. 2869: Mr. KUCINICH. H.R. 5605: Mr. PRICE of North Carolina. Mr. HONDA, Mr. PETERSON of Minnesota, and H.R. 3011: Mr. TOM DAVIS of Virginia. H.R. 5608: Mr. PRICE of North Carolina. Ms. WOOLSEY. H.R. 3034: Mr. JACKSON of Illinois. H.R. 5613: Mr. FORTUN˜ O. H. Res. 622: Ms. WATSON, Mr. WILSON of H.R. 3055: Mr. JACKSON of Illinois. H.R. 5635: Mr. GRIJALVA, Ms. JACKSON-LEE South Carolina, Mr. CASE, Mr. CALVERT, and H.R. 3195: Mrs. EMERSON. of Texas, Mr. ROSS, Mr. MCNULTY, Mr. Mr. HYDE. H.R. 3248: Mr. BOUCHER. STARK, Ms. CARSON, Mr. VISCLOSKY, and Mr. H.R. 3284: Mr. BOUCHER. GENE GREEN of Texas. H. Res. 760: Mrs. DAVIS of California. H.R. 3323: Ms. DELAURO. H.R. 5642: Mr. CUMMINGS, Mr. BECERRA, Ms. H. Res. 776: Mr. BEAUPREZ and Mr. CASE. H.R. 3478: Mr. HASTINGS of Florida, Mr. WOOLSEY, Mr. ALLEN, Mr. OWENS, Mr. NAD- H. Res. 931: Mr. SCOTT of Georgia, Mr. ROSS, Mr. MCCAUL of Texas, Mr. CHABOT, and LER, and Mr. NEAL of Massachusetts. CARDIN, Mr. CLEAVER, Ms. CARSON, Ms. JACK- Ms. WOOLSEY. H.R. 5669: Mr. JACKSON of Illinois and Ms. SON-LEE of Texas, and Mr. MOORE of Kansas. H.R. 3547: Mr. BOUCHER. BALDWIN. H. Res. 938: Ms. WATSON, Mr. DOYLE, Mr. H.R. 3584: Mr. ROTHMAN. H.R. 5680: Mr. ROYCE. LEVIN, Mr. MCINTYRE, Mr. RAMSTAD, Mr. H.R. 3616: Mr. RYAN of Ohio. H.R. 5688: Mrs. CUBIN, Mr. PITTS, and Mr. WELDON of Pennsylvania, Mr. TERRY, Mr. H.R. 3795: Mrs. MCCARTHY. POE. FARR, and Mr. HIGGINS. H.R. 3854: Mrs. CAPPS. H.R. 5701: Mr. BURTON of Indiana. H. Res. 942: Mr. MCCOTTER. H.R. 3875: Mr. UPTON. H.R. 5702: Mr. FORTUN˜ O. H. Res. 950: Ms. KAPTUR. H.R. 4063: Mr. MILLER of North Carolina, H.R. 5704: Mr. SHAYS, Mr. GOHMERT, Mr. H. Res. 953: Mrs. CAPPS, Mr. HINCHEY, Mr. Mr. UPTON, and Mrs. BIGGERT. PRICE of North Carolina, and Mr. JINDAL. KENNEDY of Rhode Island, Mr. FOSSELLA, Mr. H.R. 4215: Ms. JACKSON-LEE of Texas. H.R. 5731: Ms. WOOLSEY and Mr. BRADY of KUCINICH, Mrs. NAPOLITANO, and Mr. H.R. 4293: Mr. FILNER. Pennsylvania. SCHWARZ of Michigan.

VerDate Aug 31 2005 02:03 Jul 28, 2006 Jkt 049060 PO 00000 Frm 00063 Fmt 4634 Sfmt 0634 E:\CR\FM\L27JY7.001 H27JYPT1 CCOLEMAN on PROD1PC71 with HOUSE H6020 CONGRESSIONAL RECORD — HOUSE July 27, 2006 PETITIONS, ETC. 151. Also, a petition of the California Vet- the United States, the Congress of the erans Board, relative to a resolution oppos- United States and the Department of Home- Under clause 3 of rule XII, petitions ing the unfair provisions of H.R. 4297 and re- land Security to immediately restore Home- and papers were laid on the clerk’s lating to Qualified Veterans Mortgage Bonds land Security and Anti-Terrorism funds to issued by the California Department of Vet- desk and referred as follows: the New York Metropolitan Area and to re- erans Affairs; to the Committee on Ways and 150. The SPEAKER presented a petition of Means. consider Rockland County’s exclusion from Mr. Gregory T. Howard, a Citizen of Toledo, 152. Also, a petition of the Legislature of the Urban Areas Security Initiative for the Ohio, relative to a letter discussing a legal Rockland County, New York, relative to Res- New York Metropolitan Area; to the Com- matter; to the Committee on the Judiciary. olution No. 350 calling upon the President of mittee on Homeland Security.

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