Congressional Record, H.R. 7898 and H.R. 1966 — House of Representatives, December 9, 2020
Summary
This is page H7088 of the Congressional Record, House, December 9, 2020. It carries the end of the debate on H.R. 1966, the Henrietta Lacks Enhancing Cancer Research Act, in which a member discusses the Tuskegee study, distrust among African Americans and the underrepresentation of Black participants in clinical trials, and Ms. Eshoo urges support; the question is taken and the rules are suspended and the bill, as amended, is passed. The page then opens H.R. 7898, which Mr. Pallone moves to pass under the heading Requiring Secretary of Health and Human Services to Consider Certain Recognized Security Practices. Its Section 1 would add a section to the Health Information Technology for Economic and Clinical Health Act on recognition of security practices, and Mr. Walden calls the bill a technical corrections bill introduced by Dr. Burgess.
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“Congressional Record, H.R. 7898 and H.R. 1966 — House of Representatives, December 9, 2020.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2020-12-09-crec-2020-12-09-pt1-pgh7088-fdd89c67b2/
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H7088 CONGRESSIONAL RECORD — HOUSE December 9, 2020
or so back, to be able to assume the b 1515 groups when it comes to enrolling in federally-
leadership of this bill, its sponsorship, That Tuskegee study, which many of funded clinical cancer trials. He named it after
and to move it forward, and we have us grew up hearing about, is something Henrietta Lacks to honor the role she and her
been doing all that we could to get to that lurks in the minds of a lot of Afri- tumor samples played in breakthroughs for
this point. can Americans about why you can’t cancer, HIV/AIDS, leukemia, polio, and Parkin-
Again, Mr. Speaker, I would be re- trust the government on research when son’s disease. Henrietta Lacks’ tumor samples
miss if I did not thank Mr. PALLONE it comes to your body. The shame that were used without her or her family’s knowl-
and Mr. WALDEN for their efforts. went with that ought to be a collective edge or consent and her contribution has
Let me, if I might, just say a couple been overlooked for decades. This legislation
shame that all of us in this country
of things, Mr. Speaker. It has been long will begin to correct that wrong, while also im-
feel.
recognized that the burden of cancer is proving access to medical research for African
We are beyond 1932. People are still
not equal and not equivalent among Americans and other underrepresented
getting ill. There are all sorts of infec-
different racial and ethnic groups in groups.
tious diseases. We need vaccines, and
our society. In fact, there is a fourfold Representative Cummings dedicated his
we have to find a way now to partici-
increase, or disparity, in the number of Congressional career to ensuring underrep-
pate in that process and to find a way
Black people diagnosed with cancer in resented groups had access to health care.
to get beyond the things that hold us
this country as compared with the pro- He championed policies to improve health eq-
back.
portion of Black people participating uity by lowering drug prices and improving
But in this instance, I just thought it
in clinical trials. maternal care for African American women.
was important to mention why that re-
The gentleman from Oregon (Mr. I’m pleased that this bill will be added to his
WALDEN) mentioned how sensitive this luctance tends to exist.
Racial and ethnic groups, and older legacy and I thank Representative MFUME for
is right now as we are trying to work
Americans, rural Americans, and poor ensuring the advancement of this bill.
with drug companies to come up with a
Americans, are all the groups that still I urge my colleagues to support this legisla-
number of vaccines. And whether it
remain underrepresented in cancer tion.
was the Pfizer trial or the Moderna
clinical trials. Without action, these The SPEAKER pro tempore. The
trial, one thing is clear: there has
groups will continue to face barriers in question is on the motion offered by
never seemed to be enough persons of
terms of enrollment in cancer and the gentleman from New Jersey (Mr.
ethnic backgrounds, particularly Afri-
other clinical trials, which then de- PALLONE) that the House suspend the
can Americans and Latinos, who are
prive many Americans from access to rules and pass the bill, H.R. 1966, as
participating in these trials.
To underscore this more, let me re- effective treatments and effective amended.
mind you that 20 percent of Alz- interventions. The question was taken; and (two-
heimer’s patients in this country are Mr. Speaker, I close by reminding us thirds being in the affirmative) the
African American, but only 3 to 10 per- how we began, and that is with the rules were suspended and the bill, as
cent are the trial participants in clin- story, the life, and the lesson of Hen- amended, was passed.
ical trials. rietta Lacks, who died at an early age, A motion to reconsider was laid on
As I said, COVID is a disease with a a mother of five who came north seek- the table.
roughly twofold higher rate of diag- ing employment, who developed an ill- f
nosis and mortality between African ness, who got treated, and who, with-
REQUIRING SECRETARY OF
Americans and other populations. out her knowledge or consent, had cells
HEALTH AND HUMAN SERVICES
So all of that, in the aggregate, real- taken out of her body that were not
TO CONSIDER CERTAIN RECOG-
ly stresses the need for a more diverse cancerous—in addition to the can-
NIZED SECURITY PRACTICES
research participatory effort in order cerous cells—only to miraculously find
to fully understand, comprehensively that there was something very, very Mr. PALLONE. Mr. Speaker, I move
deal with, and cure these diseases. special about Ms. Lacks and her bio- to suspend the rules and pass the bill
Clinical trials are an essential step in logical makeup: a cell that continued (H.R. 7898) to amend title XXX of the
advancing potential new cancer treat- to mutate and to mutate and to double Public Health Services Act to provide
ments. We know that. Patient partici- long after it was taken from her body, for a technical correction to provide
pation in those trials is absolutely cru- long after her death, and even now has the Inspector General of the Depart-
cial to their success. created 110,000 studies about this mi- ment of Health and Human Service cer-
Now, many patients will express a raculous cell, which we call HeLa, that tain authorities with respect to inves-
willingness to participate in clinical has been the basis of research, Nobel tigations of information blocking, and
research, yet only a small fraction of award-winning research, in the years for other purposes, as amended.
those persons do actually do that. that followed. The Clerk read the title of the bill.
In terms of the larger African-Amer- My thanks to all of you for partici- The text of the bill is as follows:
ican community, some of the barriers pating and for understanding the pas- H.R. 7898
that have existed continue to exist. sion that drove Elijah on this, that Be it enacted by the Senate and House of Rep-
People can’t take time off from their drives me on this. resentatives of the United States of America in
job to participate and be studied in a I want to thank the Lacks family, Congress assembled,
clinical trial, or, more importantly, the Henrietta Lacks Foundation. SECTION 1. RECOGNITION OF SECURITY PRAC-
there is this level of distrust. I want to thank the American Cancer TICES.
The distrust, particularly among Af- Society, the National Institute of Mi- Part 1 of subtitle D of the Health Informa-
rican Americans, goes back to 1932, nority Health and Health Disparities, tion Technology for Economic and Clinical
when our government, through the Health Act (42 U.S.C. 17931 et seq.) is amend-
Research America, and all the other or-
ed by adding at the end the following:
United States Public Health Service, ganizations that continue to fight to
‘‘SEC. 13412. RECOGNITION OF SECURITY PRAC-
oversaw and gave authorization for bring about some sort of balance and TICES.
what was to become known as the infa- equity in the whole issue of research ‘‘(a) IN GENERAL.—Consistent with the au-
mous Tuskegee Study, where 600 Black and clinical trials. thority of the Secretary under sections 1176
men, without their knowledge, without Mr. Speaker, I yield back the balance and 1177 of the Social Security Act, when
their approval or consent, were in- of my time. making determinations relating to fines
jected with syphilis and told that they Ms. ESHOO. Mr. Speaker, I rise in support under such section 1176 (as amended by sec-
were being treated for something alto- of H.R. 1966, the Henrietta Lacks Enhancing tion 13410) or such section 1177, decreasing
gether different. Cancer Research Act. I urge my colleagues to the length and extent of an audit under sec-
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Those 600 men lived and watched tion 13411, or remedies otherwise agreed to
support this bill in honor of two Baltimoreans
by the Secretary, the Secretary shall con-
their bodies change. Many of them may who changed the world—Henrietta Lacks and sider whether the covered entity or business
had reinfected others. They suffered a Representative Elijah Cummings. associate has adequately demonstrated that
great deal of pain. And nowhere during Representative Cummings introduced this it had, for not less than the previous 12
that time did the government step in legislation to help address the barriers facing months, recognized security practices in
and say, ‘‘Stop it.’’ minority, low-income, and underrepresented place that may—
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December 9, 2020 CONGRESSIONAL RECORD — HOUSE H7089
‘‘(1) mitigate fines under section 1176 of the The SPEAKER pro tempore. Is there me in supporting them. I reserve the
Social Security Act (as amended by section objection to the request of the gen- balance of my time.
13410); tleman from New Jersey? Mr. WALDEN. Mr. Speaker, I yield
‘‘(2) result in the early, favorable termi- myself such time as I may consume.
There was no objection.
nation of an audit under section 13411; and Mr. Speaker, I rise today in support
‘‘(3) mitigate the remedies that would oth-
Mr. PALLONE. Mr. Speaker, I yield
myself such time as I may consume. of H.R. 7898, a technical corrections bill
erwise be agreed to in any agreement with
respect to resolving potential violations of Mr. Speaker, in 2016, the Energy and introduced by Dr. BURGESS.
the HIPAA Security rule (part 160 of title 45 Commerce Committee led the charge in The 21st Century Cures Act had a
Code of Federal Regulations and subparts A passing the 21st Century Cures Act. major provision, led by Dr. BURGESS,
and C of part 164 of such title) between the In addition to investing billions in regarding information blocking. This is
covered entity or business associate and the cutting-edge research and opioid abuse a process where a healthcare provider
Department of Health and Human Services. prevention and treatment, the Cures or an electronic healthcare record ven-
‘‘(b) DEFINITION AND MISCELLANEOUS PROVI- Act also included several provisions re- dor will not move a patient’s data be-
SIONS.—
lated to improving the interoperability tween care settings or erects signifi-
‘‘(1) RECOGNIZED SECURITY PRACTICES.—The cant technological or financial barriers
term ‘recognized security practices’ means of health information technology. Spe-
cifically, the act defined the practice of to do so.
the standards, guidelines, best practices, The 21st Century Cures Act was sig-
methodologies, procedures, and processes de- information blocking. It also provided
nificant in that it banned the practice
veloped under section 2(c)(15) of the National the Department of Health and Human
of information blocking, which is a key
Institute of Standards and Technology Act, Services Office of the Inspector Gen-
the approaches promulgated under section patient protection and an effort to
eral, or OIG, with the authority to in- transform our healthcare delivery sys-
405(d) of the Cybersecurity Act of 2015, and vestigate and levy penalties on entities
other programs and processes that address tem. Patient access and control over
found to be engaging in information personal health information should be
cybersecurity and that are developed, recog-
nized, or promulgated through regulations blocking. at the center of our efforts in securing
under other statutory authorities. Such Examples of information blocking high-quality and patient-driven care.
practices shall be determined by the covered could include a developer placing un- The Energy and Commerce Com-
entity or business associate, consistent with necessary restrictions on authorized mittee delivered this win for patients,
the HIPAA Security rule (part 160 of title 45 exchanges of information. Another ex- and today, we need to make a minor
Code of Federal Regulations and subparts A ample would be when a developer im- but very important technical correc-
and C of part 164 of such title). plements their electronic health
‘‘(2) LIMITATION.—Nothing in this section
tion to ensure our policy is enforced.
record, EHR, technology in such a non- H.R. 7898 would clarify the authority
shall be construed as providing the Secretary
authority to increase fines under section 1176
standard way that it becomes incred- of the Department of Health and
of the Social Security Act (as amended by ibly difficult to exchange a patient’s Human Services inspector general re-
section 13410), or the length, extent or quan- health information with a system not garding information blocking, to make
tity of audits under section 13411, due to a owned by that developer. crystal clear that the IG has the au-
lack of compliance with the recognized secu- Practices like these simply stand in thority to enforce this ban, to go after
rity practices. the way of patients accessing their own bad actors, and to protect patient ac-
‘‘(3) NO LIABILITY FOR NONPARTICIPATION.— data and carrying their data with them cess to personal health data.
Subject to paragraph (4), nothing in this sec- as they move between plans and pro- Mr. Speaker, I yield 2 minutes to the
tion shall be construed to subject a covered gentleman from Texas (Mr. BURGESS),
entity or business associate to liability for
viders.
I am pleased that the Office of the the author of this provision and our
electing not to engage in the recognized se-
curity practices defined by this section. National Coordinator for Health Infor- ranking member, the top member on
‘‘(4) RULE OF CONSTRUCTION.—Nothing in mation Technology, ONC, and the OIG the Republican side, on the Health
this section shall be construed to limit the have worked since the passage of the Subcommittee.
Secretary’s authority to enforce the HIPAA Cures Act to implement these impor- Mr. BURGESS. Mr. Speaker, I thank
Security rule (part 160 of title 45 Code of tant policies. the gentleman for the recognition.
Federal Regulations and subparts A and C of The bill before us today, H.R. 7898, Mr. Speaker, I rise in support of H.R.
part 164 of such title), or to supersede or con- provides for a technical correction to 7898, once again, to clarify the enforce-
flict with an entity or business associate’s ment and investigative authorities of
obligations under the HIPAA Security
the Cures Act to ensure that the OIG
has the authority they fully need to the inspector general at the Depart-
rule.’’. ment of Health and Human Services
SEC. 2. TECHNICAL CORRECTION.
enforce the information blocking pro-
with respect to health record informa-
hibitions.
(a) IN GENERAL.—Section 3022(b) of the tion blocking.
H.R. 7898 also includes another
Public Health Service Act (42 U.S.C. 300jj– In 2016, as has been stated, Congress
52(b)) is amended by adding at the end the health IT-related policy that was part passed the bipartisan 21st Century
following new paragraph: of a bipartisan, bicameral health agree- Cures Act with the goal of closing the
‘‘(4) APPLICATION OF AUTHORITIES UNDER IN- ment released by the Energy and Com- gap between innovation and our Na-
SPECTOR GENERAL ACT OF 1978.—In carrying merce Committee and the Senate Com- tion’s regulatory process. Throughout
out this subsection, the Inspector General mittee on Health, Education, Labor,
shall have the same authorities as provided
the drafting of Cures, I made it a pri-
and Pensions last December. ority to address important health in-
under section 6 of the Inspector General Act This policy incentivizes healthcare
of 1978 (5 U.S.C. App.).’’. formation technology issues, including
entities to adopt strong cybersecurity interoperability and the prevention of
(b) EFFECTIVE DATE.—The amendment
practices by encouraging the Secretary information blocking.
made by subsection (a) shall take effect as if
included in the enactment of the 21st Cen- of HHS to consider entities’ adoption of I am a physician, but I am also a pa-
tury Cures Act (Public Law 114–255). recognized cybersecurity practices tient, and I am acutely aware of the
The SPEAKER pro tempore. Pursu- when conducting audits or admin- frustrations surrounding the difficulty
ant to the rule, the gentleman from istering HIPAA fines. of a patient accessing their medical
New Jersey (Mr. PALLONE) and the gen- Cyberattacks are increasingly a records. Patients should control their
tleman from Oregon (Mr. WALDEN) each major concern for healthcare providers. own medical data. Yet, if a patient and
will control 20 minutes. It is important that we acknowledge their doctor have difficulty in access-
those providers that are acting in good ing electronic health records, the pa-
The Chair recognizes the gentleman
faith and doing everything in their tient’s care may suffer.
from New Jersey.
power to safeguard patient data. In the Cures bill, Congress provided
GENERAL LEAVE This provision encourages providers the tools necessary for doctors and pa-
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Mr. PALLONE. Mr. Speaker, I ask to follow widely recognized best prac- tients to better coordinate their care
unanimous consent that all Members tices in the field with the goal of help- through the sharing of patient data.
have 5 legislative days in which to re- ing all providers be better prepared for The Office of the National Coordi-
vise and extend their remarks and to potential cybersecurity attacks. nator for Health Information Tech-
include extraneous material on H.R. These both are commonsense poli- nology promulgated a rule that out-
7898. cies, and I urge my colleagues to join lines what is permissible. This rule,
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H7090 CONGRESSIONAL RECORD — HOUSE December 9, 2020
which was finalized this past May, the pandemic. Among those laws was been hearing different rumors from
aims to allow patients to seamlessly the CARES Act, which provided essen- other Members. EARL actually told me
access their electronic health informa- tial assistance to the American people, about some trip you took in the moun-
tion. healthcare workers, hospitals, small tains in Oregon.
This bill, H.R. 7898, is needed in order businesses, and State and local govern- Everybody is sort of secret about
to ensure that there is a smooth and ef- ment. We have taken some significant these different things that he is doing,
fective implementation and to allow steps, but the work continues as we but I suspect that they are going to be
for the inspector general of the Depart- hope to complete another COVID–19 re- endeavors that he loves and that, when
ment of Health and Human Services to lief package in the coming days before I hear about them, will be fantastic.
enforce this rule. we adjourn. I just feel bad about even making
In the context of this coronavirus Prior to the pandemic this year, we this speech about his leaving, but that
pandemic, I think we have all seen the were able to come together over the is the way it is, and I am going to miss
importance of allowing the efficient last 4 years, thanks to GREG’s leader- him.
flow of a patient’s medical records so ship, to pass a lot of other substantial Mr. Speaker, I reserve the balance of
that patients and their doctors can bills that actually became law. my time.
have informed conversations about We passed comprehensive legislation Mr. WALDEN. Mr. Speaker, I yield
their care plans. to address the opioid epidemic by ex- myself the balance of my time.
Also of importance is ensuring pa- panding treatment to people fighting To my friends in this assembly,
tient privacy and ensuring that it is opioid use disorder and supporting thank you for your friendship.
protected and that information is se- those affected by the opioid crisis. To the chairman of the committee,
cure. H.R. 7898 builds on the sections of We reauthorized the Safe Drinking we have developed a wonderful rela-
the 21st Century Cures Act and encour- Water Act for the first time in 20 years. tionship. Sometimes your staff and our
ages healthcare entities to adopt We eliminated annoying robocalls—I staff spar, but we are a family, and
strong cybersecurity practices, which don’t know, ‘‘eliminating’’ may not be families do disagree from time to time.
are essential in protecting patient data accurate, but we eliminated a lot of But generally speaking, we are headed
from bad actors. them. in the same direction, and that direc-
The SPEAKER pro tempore. The We passed the RAY BAUM’S Act, tion is making America a better place
time of the gentleman has expired. named after the late Republican staff for everyone and solving problems. So I
Mr. WALDEN. Mr. Speaker, I yield director of the committee and GREG’s am very thankful for your very gen-
the gentleman from Texas an addi- longtime friend, which reauthorized erous and kind comments, Mr. Chair-
tional 1 minute. the Federal Communications Commis- man.
Mr. BURGESS. Mr. Speaker, I thank sion for the first time in 28 years. Mr. Speaker, I will say it has been a
the gentleman for yielding. I know the law is very important to real delight and joy to work with the
Finally, I would like to point to the GREG, not only because it was named chairman of the Energy and Commerce
bipartisan, bicameral support of H.R. after Ray but also because of GREG’s Committee. I would have to admit it
7898, which was included in title V of longtime love for broadcasting. was a more delight and joy to work
Of course, not everything is bipar- with the ranking member of the En-
the Lower Health Care Costs package
tisan. He will probably never forget his ergy and Commerce Committee when I
in the Senate. We have both Chambers
initiation as chairman. His first full was chairman, but that is the way of
and both parties coming to an agree-
committee markup—as was already the world, and that is democracy. We
ment, and that is a positive sign. It
mentioned by other colleagues—was switched roles and handed off the gavel
certainly indicates the importance of
the longest markup in the Energy and in peace, and we began to approach
this legislation.
It is for these reasons that I encour- Commerce Committee’s history, 27 issues from a different angle but with
age Members to vote in favor of H.R. hours as we debated the Republican Af- the same mission.
7898. Again, I thank the ranking mem- fordable Care Act repeal bill. That was Mr. Speaker, as 2020 comes to a
ber for his years of friendship and serv- really baptism by fire. thankful close—I think we are all
At the end of the day, I am going to
ice to the committee. ready to get it behind us—so does my
remember GREG most for the commit-
Mr. PALLONE. Mr. Speaker, I yield 22 years of public service in this incred-
ment he made day in and day out to
myself such time as I may consume. ible crucible of democracy, the United
help everyday Americans. It is really
Mr. Speaker, I was hoping I wasn’t States House of Representatives.
special. I want to start by thanking my wife
going to have to make this statement
A lot of people have a bad opinion of
about GREG WALDEN retiring because I of 38 years, and our son, who is 30,
Congress. They think that we come
really didn’t want him to retire. I Mylene and Anthony. They have al-
here for self-aggrandizement because
guess I kept hoping that he wouldn’t or ways supported me during my three
somehow we want to get a better job
that he would still be here in some decades of State and Federal service,
after we leave—not that there is one—
fashion—and he will be in some fash- all the campaigns, all the meetings,
or that we are trying to help our fami-
ion. and all the times away. I know my col-
lies or trying to help special interests.
But I wanted to thank him for 20 leagues will understand this when I say
The one thing I will say about GREG is
years of extraordinary service on the I will never fully understand all that
that none of that is true.
Energy and Commerce Committee, in they sacrificed so that I could fulfill
particular. And I want to particularly b 1530 my duty in office, but I do know it was
thank him for his leadership and One thing I will say about GREG is a lot.
friendship over the last 4 years as he that none of that is true. He has a I also want to thank my terrific staff
served as the top Republican on the strong dose of humility, and humility over the years, and especially those
committee. is something that I would say often- who helped me build and lead such suc-
During those first 2 years, he chaired times is lacking, not just in Congress, cessful organizations, including my
the committee, and then over the last but in general. Sometimes I wonder if two personal office chiefs of staff of
2 years, he served as the ranking mem- people even value it as something that over 22 years, Brian MacDonald and
ber. Our committee, as he knows and I they cherish. But certainly GREG does. Lorissa Bounds, terrific leaders both;
think a lot of people know, has a long He is not only humble, he really cares my executive directors at the NRCC
and proud tradition of bipartisanship, about everyone, and he is not just out when I ran the Republican campaign
and GREG has really been a great part- for himself. organization, Liesl Hickey and Rob
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ner, particularly over the last year as I also want to thank his wife, Simms; and my staff directors at the
we faced the unprecedented challenges Mylene, for sharing him with us for all Energy and Commerce Committee.
of COVID–19. these years. We are going to miss You have heard of the late great Ray
We have worked very closely over the GREG, and we will miss Mylene also. Baum, my colleague dating clear back
last 11 months on all the legislation GREG, I wish you nothing but the to the late eighties in the Oregon Leg-
that was signed into law to respond to best in your future endeavors. I have islature and then all the way through
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December 9, 2020 CONGRESSIONAL RECORD — HOUSE H7091
just a couple years ago when he passed My team and I put special emphasis crisis, actually was much bigger than
away of cancer. Mike Bloomquist and on taking care of the men and women that and provided support for our com-
Ryan Long also did such terrific work who wear or have worn our Nation’s munities to help all with addiction.
heading up the best committee in Con- uniform and defended America’s free- We modernized our mental health
gress. dom: laws, stepped up medical research, and
I want to thank the professional We helped thousands of Oregon vet- fully funded the Children’s Health In-
staff, many of whom have been on the erans and families receive the benefits surance Program for a decade—some-
floor today, my personal staff in Or- they earned and deserved. thing that had never been done before.
egon and Washington, D.C. We rely so We worked to strengthen the mission We modernized the FDA and its ap-
much on these very smart and talented at Kingsley Air Field and open vet- proval processes for medicines and
people, and the country is well-served erans clinics throughout the commu- medical devices, and thank goodness
by their work. nity and the district. we did. Some of these changes have al-
I want to thank the thousands of vol- We helped save the veterans facility ready proven their value during this
unteers and supporters of my cam- in White City. pandemic.
paigns over the years. We did it to- America is blessed to have those I am proud to have done my part to
gether, and I would like to believe we brave men and women who risk their help enact Medicare part D, which fi-
did it for the right reasons: to leave lives so that we can enjoy ours in nally brought more affordable medi-
our State and to leave our country bet- peace. America owes them a debt we cines to America’s seniors. While we
ter places than we found them. can never fully repay. need to update this law, it is a fact
I also want to thank some important Having grown up on a cherry orchard that Medicare part D has been a god-
mentors in my life. outside of The Dalles, Oregon, I always send to seniors who no longer have to
Of course, I would have to start with had great admiration for those who board buses to foreign countries to get
my parents, who grew up with nothing farm and ranch and feed us. I worked lifesaving medicines.
during the Great Depression. They hard to protect their way of life, de- We also unleashed a cleaner energy
taught me the importance of giving fending farmers and ranchers from bad revolution in America that created
back to the community, of working policy proposals. I stood up for their thousands of new jobs and reduces
hard, and of always being honest and water rights. I protected their land and America’s carbon emissions, too. En-
seldom being judgmental. ranching way of life. ergy innovation holds the opportunity
I want to thank those along the way I am especially proud of the Steens for a strong economy and a healthier
who gave me some interesting career Mountain Cooperative Management environment.
opportunities. Mr. Speaker, as you can tell, I am
and Protection Act and the collabo-
My freshman year in college was pretty passionate about good public
rative approach that it envisioned.
spent at the University of Alaska Fair- policy, and I have really enjoyed this
Moreover, I supported ag research
banks. I want to thank the folks at opportunity in serving with all of you.
and water conservation efforts
KTVF and the old KFRB Mighty Nine- I think we can use our resources we
throughout the district. And while we
ty in Fairbanks who put a 17-year-old have among ourselves in Congress to
made much progress on both fronts, my
kid in charge of producing and direct- get good things done for the American
one regret is that we could never find
ing the 11 o’clock TV news. I had never people.
the key to unlocking a durable and fair It wasn’t easy to decide to volun-
been in a TV studio before, and sud- solution to the water crisis in the
denly, as a freshman in college, I was tarily leave this wonderful institution,
Klamath Basin that could also pass in but I had long ago decided I didn’t
working every night doing that. the Congress.
To Roger Martin, Vic Atiyeh, Gary want to get voted out—and I don’t
We did make progress to improve for- think that was going to happen—or
Wilhelms, and Denny Smith, I learned est management, even though I am dis-
so much from working for each of you. carried out. I was confident I would
appointed Congress has dragged its feet win reelection, and my health is good,
To former Oregon Speaker Larry in enacting much-needed reforms to
Campbell, time and again you showed so I leave on my own terms, feeling
make our Federal forests healthier and good about that which I have helped
Oregon how principled leadership pro- more resilient to climate change.
duces good results. So it was great improve in the lives of those who en-
It was 17 years ago last week that trusted me election after election.
sport serving alongside you in the Or- President Bush signed the Healthy For-
egon House. I leave feeling positive about the
est Restoration Act into law. Hope- ability to get good policy done right
Of course, I want to thank the fully, in the next Congress, you all will
church, school, and scout leaders who here in the U.S. House of Representa-
heed the guidance of our Yale forestry tives. In fact, we just worked through a
influenced my life in such a positive graduate and colleague, BRUCE
way. I would give a shout-out to the slate of bipartisan bills again today.
WESTERMAN, to modernize how we man- I will miss this process, and I will
late Earl Fowler. He was my high age this great American resource be- miss you, my colleagues. Always re-
school vice principal and student body fore the rest of it goes up in smoke. member how important the work you
officer adviser whose counsel, when I Having spent 6 years as chair of the do here is and how much the fate of the
was student body president at Hood Telecommunications Subcommittee, I American way of life rests in your
River Valley High School, was as valu- am really proud of the bipartisan work hands every time you put that voting
able then as it is now. we did together to open up spectrum card in one of these machines.
I remember one of the things he told for advanced communications; enact I am a big fan of Theodore Roosevelt.
us as student leaders was: ‘‘When there FirstNet, our first responders’ new His writings have also had an impact
is a leadership vacuum, fill it.’’ He ex- interoperable broadband network; and on my life. Just as my high school ad-
pected us to step up, to lead, and to to expand access to high-speed inter- viser encouraged us to fill leadership
take on challenges. net, although much work still remains vacuums, so did Roosevelt laud those
I am indeed thankful for the oppor-
to fully connect all Americans to high- who climbed into the arena. So I close
tunity the people of Oregon have given
speed broadband. with President Roosevelt’s words:
me to represent them in the United ‘‘It is not the critic who counts; not
With the RAY BAUM’S Act, we even
States House of Representatives. It is a the man who points out how the strong
reauthorized and modernized the FCC,
responsibility I have always taken seri- man stumbles, or where the doer of
and, as you heard, that hadn’t been
ously as I faithfully tried to do my best deeds could have done them better. The
done in a couple of decades.
to represent them. After all, this is credit belongs to the man who is actu-
When I had the great privilege and
their office, not mine. I was simply en-
ctelli on DSK11ZRN23PROD with HOUSE
honor to chair the Energy and Com- ally in the arena, whose face is marred
trusted to use the powers bestowed upon it by dust and sweat and blood; who
merce Committee, we took on the
for their benefit, something I never forgot. It
is part of why I have returned home nearly deadly epidemic of drug overdose and strives valiantly; who errs, who comes
every weekend and will soon—whenever we combined more than 60 bipartisan short again and again, because there is
wrap up business here—complete my 644th pieces of legislation into the SUPPORT no effort without error and short-
round trip back home. Act, which, while focused on the opioid coming; but who does actually strive to
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H7092 CONGRESSIONAL RECORD — HOUSE December 9, 2020
do the deeds; who knows great enthu- FURTHER CONTINUING APPRO- McHenry Riggleman Stewart
McKinley Roby Stivers
siasms, the great devotions; who PRIATIONS ACT, 2021, AND OTHER McNerney Rodgers (WA) Suozzi
spends himself in a worthy cause; who EXTENSIONS ACT Meeks Roe, David P. Swalwell (CA)
at the best knows in the end the tri- The SPEAKER pro tempore. Pursu-
Meng Rogers (AL) Takano
umph of high achievement, and who at Meuser Rogers (KY) Thompson (CA)
ant to clause 8 of rule XX, the unfin- Mfume Rose (NY) Thompson (MS)
the worst, if he fails, at least fails ished business is the vote on the mo- Miller Rouda Thompson (PA)
while daring greatly, so that his place tion to suspend the rules and pass the Moolenaar Rouzer Thornberry
shall never be with those cold and Moore Roybal-Allard Tiffany
bill (H.R. 8900) making further con- Morelle Ruiz Tipton
timid souls who neither know victory tinuing appropriations for fiscal year Moulton Ruppersberger Titus
nor defeat.’’ 2021, and for other purposes, on which Mucarsel-Powell Rush Tlaib
God bless you, my colleagues, family, Murphy (FL) Rutherford Tonko
the yeas and nays were ordered. Nadler Ryan Torres (CA)
and friends, and may God bless the The Clerk read the title of the bill. Napolitano Sánchez Torres Small
United States of America. The SPEAKER pro tempore. The Neal Sarbanes (NM)
Mr. Speaker, I yield back the balance Neguse Scalise Trahan
question is on the motion offered by Newhouse Scanlon Trone
of my time. the gentlewoman from Connecticut Norcross Schakowsky Turner
Mr. PALLONE. Mr. Speaker, I urge (Ms. DELAURO) that the House suspend Nunes Schiff Underwood
support for passage of the bill, and I O’Halleran Schneider Upton
the rules and pass the bill. Ocasio-Cortez Schrader Van Drew
also yield back the balance of my time. The vote was taken by electronic de- Olson Schrier Vargas
The SPEAKER pro tempore. The vice, and there were—yeas 343, nays 67, Omar Scott (VA) Veasey
question is on the motion offered by not voting 19, as follows: Palazzo Scott, David Vela
Pallone Serrano Velázquez
the gentleman from New Jersey (Mr. [Roll No. 240] Panetta Sewell (AL) Visclosky
PALLONE) that the House suspend the YEAS—343 Pappas Shalala Wagner
rules and pass the bill, H.R. 7898, as Adams
Pascrell Sherman Walberg
Davis (CA) Horsford Payne Sherrill Walden
amended. Aguilar Davis, Danny K. Houlahan Pence Shimkus Walorski
The question was taken; and (two- Allred Davis, Rodney Hoyer Perlmutter Simpson Wasserman
thirds being in the affirmative) the Amodei Dean Hudson Peters Sires Schultz
Armstrong DeFazio Huffman Peterson Slotkin Waters
rules were suspended and the bill, as Axne DeGette Huizenga Phillips Smith (NE) Watkins
amended, was passed. Bacon DeLauro Hurd (TX) Pingree Smith (NJ) Watson Coleman
The title of the bill was amended so Baird DelBene Jackson Lee Pocan Smith (WA) Welch
Balderson Delgado Jacobs Porter Smucker Wexton
as to read: ‘‘A bill to amend the Health Barr Demings Jayapal Pressley Soto Wild
Information Technology for Economic Barragán DeSaulnier Jeffries Price (NC) Spanberger Wilson (FL)
and Clinical Health Act to require the Bass Deutch Johnson (GA) Quigley Speier Womack
Beatty Diaz-Balart Johnson (LA) Raskin Stanton Woodall
Secretary of Health and Human Serv- Bera Dingell Johnson (SD) Reed Stefanik Yarmuth
ices to consider certain recognized se- Bergman Doggett Johnson (TX) Rice (NY) Steil Young
curity practices of covered entities and Beyer Doyle, Michael Joyce (OH) Richmond Stevens Zeldin
business associates when making cer- Bilirakis F. Joyce (PA)
Bishop (GA) Emmer Kaptur NAYS—67
tain determinations, and for other pur- Blumenauer Engel Katko
poses.’’. Blunt Rochester Escobar Keating Allen Gooden Posey
Bonamici Eshoo Kelly (IL) Amash Gosar Rice (SC)
A motion to reconsider was laid on Arrington Green (TN) Rooney (FL)
Bost Espaillat Kelly (PA)
the table. Boyle, Brendan Estes Kennedy Babin Hern, Kevin Rose, John W.
F. Evans Khanna Banks Hice (GA) Roy
Brady Ferguson Kildee Biggs Higgins (LA)
f Brooks (AL) Hollingsworth
Schweikert
Brindisi Finkenauer Kilmer Smith (MO)
Brooks (IN) Fitzpatrick Kim Buck Jordan Spano
Brown (MD) Fleischmann Kind Budd Keller
COMMUNICATION FROM THE Burchett Kelly (MS)
Stauber
Brownley (CA) Fletcher King (NY) Taylor
CLERK OF THE HOUSE Buchanan Flores Kinzinger Byrne King (IA)
Cheney Timmons
Bucshon Fortenberry Kirkpatrick Lamborn
The SPEAKER pro tempore laid be- Cline Long Walker
Burgess Foster Krishnamoorthi
fore the House the following commu- Cloud Marshall Waltz
Bustos Foxx (NC) Kuster (NH)
Conaway Massie Weber (TX)
nication from the Clerk of the House of Butterfield Frankel Kustoff (TN)
Davidson (OH) Mast Webster (FL)
Representatives: Carbajal Fudge LaHood
Cárdenas Gabbard LaMalfa DesJarlais McClintock Wenstrup
OFFICE OF THE CLERK, Carson (IN) Gallego Lamb Duncan Mooney (WV) Westerman
HOUSE OF REPRESENTATIVES, Carter (GA) Garamendi Langevin Fulcher Mullin Williams
Washington, DC, December 9, 2020. Cartwright Garcia (CA) Larsen (WA) Gaetz Murphy (NC) Wilson (SC)
Hon. NANCY PELOSI, Case Garcı́a (IL) Larson (CT) Gallagher Norman Wittman
Casten (IL) Garcia (TX) Latta Gibbs Palmer Yoho
Speaker, House of Representatives,
Castor (FL) Gianforte Lawrence Gohmert Perry
Washington, DC.
Castro (TX) Golden Lawson (FL)
DEAR MADAM SPEAKER: Pursuant to the Chabot Gomez Lee (CA) NOT VOTING—19
permission granted in Clause 2(h) of Rule II Chu, Judy Gonzalez (OH) Lee (NV) Abraham Dunn Reschenthaler
of the Rules of the U.S. House of Representa- Cicilline Gonzalez (TX) Lesko Aderholt Graves (LA) Scott, Austin
tives, the Clerk received the following mes- Cisneros Gottheimer Levin (CA) Bishop (NC) Johnson (OH) Sensenbrenner
sage from the Secretary of the Senate on De- Clark (MA) Granger Levin (MI) Bishop (UT) Loudermilk Steube
cember 9, 2020, at 11:54 a.m.: Clarke (NY) Graves (MO) Lieu, Ted Calvert Lucas Wright
Clay Green, Al (TX) Lipinski Carter (TX) Marchant
That the Senate agreed to Relative to the Cleaver Griffith Loebsack Collins (GA) Mitchell
death of the Honorable Paul Spyros Sar- Clyburn Grijalva Lofgren
banes, former United States Senator for the Cohen Grothman Lowenthal
State of Maryland S. Res. 797. Cole Guest Lowey b 1641
That the Senate agreed to S. Con. Res. 51. Comer Guthrie Luetkemeyer
That the Senate agrees to House amend-
Connolly Haaland Luján Messrs. MARSHALL, WALZ, CLINE
Cooper Hagedorn Luria
ment to the bill S. 1869. Correa Hall Lynch
of Virginia, and SMITH of Missouri
That the Senate passed S. 3325. Costa Harder (CA) Malinowski changed their vote from ‘‘yea’’ to
That the Senate passed S. 3729. Courtney Harris Maloney, ‘‘nay.’’
Cox (CA) Hartzler Carolyn B.
That the Senate passed S. 4138. Craig Hastings Maloney, Sean So (two-thirds being in the affirma-
That the Senate passed S. 4460. tive) the rules were suspended and the
ctelli on DSK11ZRN23PROD with HOUSE
Crawford Hayes Matsui
That the Senate passed with an amend- Crenshaw Heck McAdams bill was passed.
ment H.R. 5663. Crist Herrera Beutler McBath
Crow Higgins (NY) McCarthy The result of the vote was announced
With best wishes, I am, Cuellar Hill (AR) McCaul as above recorded.
Sincerely, Cunningham Himes McCollum
CHERYL L. JOHNSON, Curtis Holding McEachin A motion to reconsider was laid on
Clerk. Davids (KS) Horn, Kendra S. McGovern the table.
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