Michael Bilirakis

Mr. BILIRAKIS

Mr. BILIRAKIS. Mr. Speaker, I thank the gentleman for yielding me this time. I, of course, rise in support of H.R. 5. I believe that the sensible reforms contained in this bill will go a long way toward alleviating the medical liability insurance crisis many States are facing and will also help prevent future crises from occurring. On Tuesday of last week, the Energy and Commerce Subcommittee on Health, which I chair, approved H.R. 5, which was subsequently approved by the full committee on Thursday. In both cases, approval was by voice vote. The severity of the current crisis has necessitated that we act now. I would note that our committee has held numerous hearings over the past year to explore this issue and consider potential solutions. That is why I continue to be disappointed with the rhetoric surrounding this debate. As chairman, I had wanted to focus a good deal of our last subcommittee hearing on how the insurance industry sets medical liability insurance premiums. In fact, the majority invited both the American Academy of Actuaries and the Physician Insurers Association of America to come testify at our hearing. Unfortunately, in spite of all the rhetoric on insurance, unfortunately the minority did not invite any insurance witnesses. Instead, they once again played politics, including inviting a witness to discuss something called Proposition 103, which he claimed is the real reason why California has been largely insulated from the current crisis. That struck me as somewhat odd, considering that the organizations working to defeat H.R. 5 never mentioned this ballot initiative during our debate on H.R. 4600 in the last Congress, even though this initiative passed in 1988. What this tells me is that many people would rather play politics than work towards a real solution. I respect that some Members may feel that it is never appropriate to place any limit on subjective, unquantifiable, noneconomic damages regardless of the cost to the health care system. However, I do not respect those who will do or say anything to derail this process. I am voting for this bill because by doing so I am moving us one step closer to a solution. The medical community and the patients they serve demand it.

Mr. BILIRAKIS

Mr. BILIRAKIS. Mr. Speaker, I appreciate the gentleman's yielding me this time, and I rise in strong support of H.R. 399, the Organ Donation Improvement Act of 2003. This bipartisan bill was unanimously approved by the Committee on Energy and Commerce in February, and I urge all of my colleagues to join me in supporting this timely legislation. Mr. Speaker, we are all aware of the great need for donated organs and tissue. According to the United Network for Organ Sharing, there are 80,791 people currently waiting for a transplant. Sadly, only 18,693 individuals had received a transplant as of September 2002, and more than 4,500 Americans died, died while on the waiting list. Fortunately, Mr. Speaker, there is hope. Living donors represent a growing segment of the total organ donation pool. In fact, living donors represented over half of all donors in the first 9 months of 2002. That is why H.R. 399 authorizes the Secretary of Health and Human Services to award grants for the purpose of covering travel and subsistence expenses incurred by living organ donors. While the decision to become a living organ donor is an intensely personal one, I feel that it is our responsibility to remove any financial barriers that might prevent someone from making the gift of life. H.R. 399 also provides the Secretary with $10 million in new grant authority to assist State governments and public and nonprofit private entities in developing innovative initiatives designed to increase organ donation rates, including living donation. I am hopeful we will learn some valuable lessons from these demonstration projects that we will be able to apply on a national scale. H.R. 399 is widely supported, Mr. Speaker, by the transplant community. Organizations supporting my bill include the American Society of Transplant Surgeons, the American Society of Transplantation, the United Network for Organ Sharing, the Association of Organ Procurement Organizations, the National Kidney Foundation, the American Liver Foundation, the North American Transplant Coordinators Organization, the Patient Access to Transplantation Coalition, and the Eye Bank Association of America. Mr. Speaker, while I would never suggest that this bill encompasses every meritorious idea to increase organ and tissue donation, it is a very good bill and takes a positive step forward in our effort to ensure that every American has access to a donated organ or tissue when they need it.

Mr. BILIRAKIS

Mr. BILIRAKIS. Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 663) to amend title IX of the Public Health Service Act to provide for the improvement of patient safety and to reduce the incidence of events that adversely affect patient safety, and for other purposes, as amended.

Mr. BILIRAKIS. Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days within which to revise and extend their remarks and to insert extraneous material on H.R. 663, the legislation under consideration.

Mr. BILIRAKIS. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I first commend the leadership of the gentleman from Louisiana (Mr. Tauzin), chairman of the Committee on Energy and Commerce, and the gentleman from Ohio (Mr. Brown) and the gentleman from Michigan (Mr. Dingell), minority leaders on that committee, and the gentleman from California (Mr. Thomas), chairman of the Committee on Ways and Means, and the gentlewoman from Connecticut (Mrs. Johnson), the subcommittee chairman of the Committee on Ways and Means, in helping us bring forward this important bipartisan legislation. Mr. Speaker, I rise in strong support of the bill. This is a critically important bill which we refer to as the Patient Safety and Quality Improvement Act, and I look forward to its favorable consideration by the House today. I know most Members are well acquainted with the disturbing frequency and devastating impact of medical errors. Unfortunately, recent events have once again attached a human face to the horrible reality that, sometimes, even the best health care professionals make mistakes. The work of the Institute of Medicine in this area helped increase the public's focus on this problem, as well as potential solutions. One of the many recommendations that the IOM made in its 1999 report, which they called ``To Err Is Human,'' was that Congress should enact laws to protect the confidentiality of information collected as part of a voluntary medical error reporting system. That IOM recommendation represents the foundation of the Patient Safety and Quality Improvement Act. Specifically, H.R. 663 defines a new voluntary medical error reporting system whereby the Secretary of Health and Human Services will certify a number of private and public organizations to act as patient safety organizations, PSOs. These patient safety organizations will analyze data on medical errors, determine their causes, and develop and disseminate evidence-based information to providers to help them implement changes that will improve patient safety. H.R. 663 provides peer review protections to the documents and communications providers will submit to patient safety organizations, which we hope will encourage the exchange of this important information. Mr. Speaker, I believe the bill will help us move from a ``culture of blame'' to a ``culture of safety'' and ultimately increase patient safety. The Patient Safety and Quality Improvement Act is the product of excellent, bipartisan work. I urge Members to join me in supporting it today. Mr. Speaker, I reserve the balance of my time.

Mr. BILIRAKIS. Mr. Speaker, I yield such time as he may consume to the gentleman from Louisiana (Mr. Tauzin), the chairman of the full committee, who is more responsible for this piece of legislation than any of us.

Mr. BILIRAKIS. Mr. Speaker, I yield such time as she may consume to the gentlewoman from New York (Mrs. Kelly).

Mr. BILIRAKIS. Mr. Speaker, I yield back the balance of my time.

Mr. BILIRAKIS. Mr. Speaker, on that I demand the yeas and nays.

Mr. BILIRAKIS

Mr. BILIRAKIS. Madam Speaker, it is with a profound sense of disappointment that I rise today to speak about the breakdown of the United Nations-sponsored Cyprus peace talks at the Hague this week. Responsibility for this unfortunate setback in the peace process rests largely with one man, Mr. Rauf Denktash, the Turkish Cypriot leader who rejected U.N. Secretary General Kofi Annan's plan to end the 29-year division of Cyprus. A large share of the blame also rests with the Turkish military and hard-line nationalists in Ankara, who have maintained the illegal Turkish military occupation of Cyprus since Turkish troops invaded the island in 1974. If the government of Turkey were sincere about settling the Cyprus problem, they could have put the necessary pressure on Mr. Denktash to say yes to the U.N. plan. In sharp contrast to Mr. Denktash, the newly-elected President of the Republic of Cyprus, Tassos Papadopoulos, said yes to a public referendum on the Secretary General's plan. His response is consistent with years of efforts by the government of Cyprus to try to negotiate in good faith to reunify the country, efforts that have been consistently rebuffed by the separatist Turkish Cypriot regime. The U.N. peace process, which is strongly supported by the United States and the international community has sought to reunite Cyprus as a single sovereign bicommunal federation. With Cyprus poised to join the European Union in May 2004, Secretary General Annan chose to get personally involved in bringing the two sides together, asking the two leaders to put the U.N. plan before their people in a referendum. President Papadopoulos said he was prepared to do so. But, unfortunately, Mr. Denktash was not prepared to agree to put the plan to a referendum. It is a shame that the Secretary General's personal diplomacy was met by this kind of flat-out rejection. In fact, it is the Turkish-Cypriot community which has held unprecedented public demonstrations in favor of the U.N. plan who will be the major victims of Mr. Denktash's intransigence, cut off from benefits of the EU membership that the rest of the island will enjoy. Despite this failure, Madam Speaker, I praise President Papadopoulos for stressing that the Greek-Cypriot side will continue the efforts for reaching a solution to the Cyprus question both before and after Cyprus joins the EU. Madam Speaker, I yield to the gentleman from New Jersey (Mr. Andrews), who has just been fantastic on this issue.

Mr. BILIRAKIS. Madam Speaker, I thank the gentleman.

Mr. BILIRAKIS

Mr. BILIRAKIS. Mr. Chairman, I rise today in strong support of H.R. 4, the Personal Responsibility, underlined, the Personal Responsibility, Work and Family Promotion Act of 2003. In particular, I would like to lend my strong support to provisions in the welfare bill that our committee included in the package last year, and I am speaking, of course, of the abstinence-only education funds which are provided through title V of the Social Security Act and a 1-year extension of transitional medical assistance. Last year, the Committee on Energy and Commerce approved a 5-year reauthorization of the title V abstinence-only education funding, and I am pleased to see that this language is again included in this year's reauthorization of welfare reform. This important program provides $50 million in annual funding to States for abstinence education. These abstinence-only education funds were first included as part of the 1996 welfare reform law; and today, 49, 49 of the 50 States have elected to participate in this very important program. I am pleased that my own State of Florida has elected to participate also. In fact, during my subcommittee's hearing last year, we heard just how effective these programs can be. Participants in ReCapturing the Vision, a program that operates in an impoverished area of Miami- Dade County, have only a 1.1 percent teen pregnancy rate, a 1.1 percent teen pregnancy rate. By continuing title V funding for another 5 years, we can encourage the development of more successful programs like ReCapturing the Vision. This is so critically important, because the consequences of ill-advised sexual activity by young people is certainly severe. As we all agree, abstinence is the only sure way to prevent the spread of sexually transmitted diseases as well as out-of-wedlock pregnancies. The bill also reauthorizes the Transitional Medical Assistance program, or TMA. TMA ensures that low-income individuals who are leaving welfare and entering the workforce will continue to have access to health insurance for an additional, let us be clear, for an additional year past, past when they would normally become ineligible for Medicaid. This removes a powerful disincentive to leaving welfare and provides numerous low-income individuals with critical support as they work towards economic self-sufficiency. This provision is even more important today as we see the number of uninsured increasing. Mr. Chairman, I ask my colleagues to vote for this bill. It has been proven, it has worked, and we have to continue it.

Mr. BILIRAKIS

Mr. BILIRAKIS. Mr. Speaker, on February 1, 2003, the space shuttle Columbia and its crew of seven were lost during Columbia's re-entry into the Earth's atmosphere. Like many Americans, I am deeply saddened by this national tragedy, and my prayers and condolences go out to the families of our fallen astronauts. The National Aeronautics and Space Administration (NASA) has been sending crews to space and the moon for over four decades, and space flight has long been accepted as ``routine.'' However, space exploration continues to be dangerous endeavor as there is risk associated with each space flight. The crew of the Columbia bravely accepted these dangers and faced them for the benefit of all. Since its creation in 1958, NASA has accomplished many great scientific and technological feats in air and space. As a nation, we can be inspired by the scientific advances accomplished through space exploration. Discoveries made through space research benefit both space science and the quality of our lives on Earth. Just a few examples include laser surgery, computer bar codes, smoke detectors, pacemakers, and water purification. These amazing developments could not have been accomplished without the brave men and women who perform experiments in space. Though this is a terrible tragedy, we must keep looking forward. NASA and space research will continue to better the everyday lives of people, and the dreams of present and future space explorers will lead to benefits for everyone on Earth.

Mr. BILIRAKIS

Mr. BILIRAKIS. Mr. Speaker, I rise today to offer my strong support for this resolution and salute the Tampa Bay Buccaneers for winning Super Bowl 37. The Buccaneers have proven themselves through the years. From their humbling 0-26 start in 1976 and winless first season and a half, the Bucs have evolved into a force with which to be reckoned--the Champions of Super Bowl 37. As a Bucs season ticket-holder and longtime resident of the Tampa Bay area, I am proud to have witnessed the years of change and hard work that culminated in Sunday's triumph over the Oakland Raiders. Former Coach Tony Dungy deserves much of the credit for this victory. He changed the character of the team by instilling in them a focus on community, character, and leadership. His hard work, and that of many other coaches, players and team staff, created the solid foundation upon which today's Super Bowl Champion Buccaneers stand. The youngest coach ever to win a Super Bowl, Jon Gruden has built upon that foundation and continued the legacy of hard work and responsibility. I commend him for leading the Bucs to their first-ever Super Bowl appearance and victory. The Buccaneers paid a hefty price for Coach Gruden, but it was a price well worth paying, because football's ultimate treasure, the Lombardi Trophy, is where it belongs--in Tampa Bay. Certainly, no congratulatory speech would be complete without honoring the players themselves. Coming into the game as the underdogs, the Buccaneers stayed the course and fought hard to secure their championship. An outstanding defensive effort prevented the Raiders from gaining momentum. Tampa's defense returned three of a Super Bowl record five interceptions for touchdowns, dashing any hopes Oakland may have had in winning the title of World Football Champions. Mr. Speaker, I am proud to represent part of the Tampa Bay area and to be here today to offer my congratulations to Coach Gruden and the players. I urge my colleagues to support this resolution honoring the Buccaneers for their hard work and their well-deserved Super Bowl title.

Mr. BILIRAKIS

Mr. BILIRAKIS. Mr. Speaker, for more than 17 years, I have introduced legislation to repeal a 100 year old law that unfairly penalizes disabled military retirees. Some military retirees--individuals who are eligible for military retirement benefits as a result of a fall service career are also eligible for disability compensation from the VA based on a medical problem they incurred while in the service. Under present law, these service-disabled retirees must surrender a portion of their retired pay if they want to receive the disability compensation to which they are entitled. This issue is commonly referred to as ``concurrent receipt.'' Congress enacted this unjust law in 1891. My legislation to completely eliminate the offset between military retired pay and VA disability compensation has received strong bipartisan support in both houses of Congress. In fact, more than 90 percent of Members of the House of Representatives and more than 80 percent of the Senate have cosponsored legislation to repeal the current offset. The 106th Congress took the first steps toward addressing this inequity by authorizing the military to pay a monthly allowance to military retirees with severe service-connected disabilities rated by the Department of Veterans Affairs at 70 percent or greater. These provisions were expanded to include retirees with ratings of 60 percent. For years, I have been told that I had to get the money included in the budget resolution before action would be taken on my legislation. So earlier this year, I worked very hard with Chairman Nussle and other members of the Budget Committee, like Representative Charlie Bass, to secure funding for a partial repeal of the offset in its Fiscal Year 2003 budget resolution. While the money in the budget resolution fell short of the funding needed to completely eliminate the current offset, it would have provided for a substantial concurrent receipt benefit. For that reason, I was particularly pleased that the House Armed Services Committee incorporated the budget resolution proposal into its authorization bill. As initially approved by the House, H.R. 4546 included a provision to authorize military retirees who are 60 percent or greater disabled to receive their full retired pay and VA disability compensation benefit by Fiscal Year 2007. During its consideration of the authorization bill, the Senate approved an amendment to authorize full concurrent receipt immediately. Given the overwhelming support that repeal of the current offset has received in both bodies of Congress and the fact that the money was included in the Fiscal Year 2003 budget resolution, I am extremely disappointed that the conference report for the Bob Stump National Defense Authorization Act does not contain at least the House-passed concurrent receipt language. While I appreciate the efforts of Chairman Duncan Hunter and others to include a benefit for some disabled retirees in the final bill, I am frustrated that we have once again failed to address this issue for the majority of retirees who have been forced to fund their own retirement for years. I have already started to hear from disabled retirees who are angry that we did not do more on this issue in the defense bill. At a time when our nation is calling upon our Armed Forces to defend democracy and freedom, I am afraid we are sending the wrong message to our men and women in uniform. I want to remind my colleagues of a quote by our first Commander-in-Chief George Washington: ``The willingness with which our young people are likely to serve in any war, no matter how justified, shall be directly proportional to how they perceive the veterans of earlier wars were treated and appreciated by their nation.'' I will continue my efforts to eliminate the unjust offset that penalizes disabled military retirees in the 108th Congress. I hope my colleagues will join me in the fight to restore military retired pay to the men and women who earn it by serving in our Nation's Armed Forces.

Mr. BILIRAKIS

Mr. BILIRAKIS. Mr. Speaker, I rise in strong support of S. 1533, the Health Care Safety Net Improvement Act. As you know, the House recently approved the Health Care Safety Net Improvement Act by voice vote. Today we are considering a solid bipartisan compromise between the House and Senate on this important legislation. I urge all of my colleagues to support the bipartisan compromise we are considering today. This legislation reauthorizes our nation's key health care safety net delivery systems and creates additional efficiencies. Specifically, this bill reauthorizes the Community Health Center program, the National Health Service Corps and rural outreach grants. Each of these programs ensures that both the uninsured and the underinsured have access to quality health care services. Since 1965, America's health centers have delivered comprehensive services to people who otherwise would face major barriers to obtaining quality, affordable health care. Health centers serve those who are hardest to reach and are required by law to make their services accessible to everyone, regardless of their ability to pay. One of the most important programs for ensuring an adequate supply of health professionals is the National Health Service Corps. The National Health Service Corps recruits, trains, and places primary care providers in both urban and rural health care shortage areas. Program participants are health professionals who receive educational assistance in return for a period of obligated service. Our legislation reauthorizes this vital program, which serves as a pipeline for health care facilities that have trouble attracting health professionals. S. 1533 also recognizes the importance of oral health care and authorizes the inclusion of primary dental care education. Improving rural health is another area of focus in this legislation. Often rural communities have trouble developing capacity and maintaining health care facilities. Our bill includes programs that will help rural providers develop new service capacity and integrated health delivery networks. It will help rural facilities implement quality improvement initiatives. Mr. Speaker, given recent events and news of increasing numbers of uninsured, it is vitally important that we keep our safety net strong. This bill will allow critical programs to continue. I am certain it will improve services for our most vulnerable populations. I urge Members to support this bipartisan agreement.

Mr. BILIRAKIS

Mr. BILIRAKIS. Mr. Speaker, 12 years ago, I came to this floor and voted, with a heavy heart, to authorize military action against Iraq after Saddam Hussein invaded Kuwait. Sadly, I rise today to support another resolution which once again authorizes the use of military force against Iraq and Saddam Hussein. I think everyone agrees that military action, especially unilateral action, should never be undertaken lightly, and that judicious thought must be given to the consequences of such action. While I strongly believe that diplomacy is always preferable, it has become clear to me that we can no longer afford to ignore the threat posed by Saddam Hussein and his brutal regime. It has been well documented by previous speakers today that since the end of the Persian Gulf War, the threats posed by Iraq have actually increased rather than diminished. For more than a decade, Saddam has persisted in violating numerous United Nations resolutions designed to ensure that Iraq does not pose a threat to international peace and security. At the same time, he has consistently tried to circumvent U.N. economic sanctions against his brutal regime. Iraq continues to breach its international obligations by pursuing its efforts to develop a significant chemical and biological weapons capability, actively seeking nuclear weapons capability and supporting and harboring terrorist organizations. Given his abysmal record for violating international obligations, there is no reason to believe that Saddam can be trusted to abide by his most recent promises for cooperation. Rather than making a true commitment to international peace, his latest statements are nothing more than ruse designed to give him ore time to further strengthen his own arsenal of weapons to use against us and our allies. We cannot sit idly by and let Saddam Hussein wreck havoc on the world. Nor can we afford to wait until another terrorist attack claims the lives of more innocent Americans. History has taught us that there are severe consequences for inaction against a brutal dictator. The United States is unique because it is the only country whose very existence was based on an idea--the idea of freedom; it is an idea that must be constantly guarded. It is a noble but a fragile thing that can be stolen or snuffed out if not protected. Mr. Speaker, I sincerely hope that the use of military force can be avoided but we cannot shy away from it out of fear. Giving the president the authority to use military force as a last resort may be the best way to avoid actually having to us it at all. I urge my colleagues to support H.J. Res. 114.

Mr. BILIRAKIS

Mr. BILIRAKIS. Mr. Speaker, I thank the gentlemen for yielding me time. Mr. Speaker, I rise in reluctant support of the Taylor motion to instruct conferees on H.R. 4546, the Bob Stump National Defense Authorization Act. I say reluctant not because I did not support the Senate provision to provide for the full concurrent receipt of military retired pay and VA disability compensation but because this motion should not even be necessary. My legislation to completely eliminate the offset between military retired pay and VA disability compensation has received strong bipartisan support in both Houses of Congress. In fact, more than 90 percent of the Members of the House of Representatives and more than 80 percent of the Senate have cosponsored legislation to repeal the current offset. This is the People's House, Mr. Speaker, and this is a Republic. The people, by way of their Representatives, want concurrent receipt, concurrent receipt based on two separate episodes, one having served 20-plus years and the other having suffered a service-connected disability. It is not double dipping. The last Congress took the first steps toward addressing this inequity by authorizing the military to pay a monthly allowance to military retirees with severe service-connected disabilities rated by the Department of Veterans Affairs at 70 percent or greater. These provisions were expanded to include retirees with ratings of 60 percent. Earlier this year, I was very pleased when the House took the next step in our fight to eliminate the offset by including funding for a partial repeal of the offset in its fiscal year 2003 budget resolution. Specifically, the budget resolution earmarks over $500 million as a first step in fiscal year 2003, with increasing amounts over the next 5 years, providing a cumulative total of $5.8 billion. I want to acknowledge and thank the gentleman from Iowa (Mr. Nussle) for this. I repeat, Mr. Speaker, the money is in our budget. The money is in our budget. For years I have been told by the authorizers, get the money in the budget and we will authorize it. The money is in the budget. It will not come out of the military readiness allotment. The funding falls short of the funding needed to completely eliminate the current offset, but it will provide for a substantial concurrent receipt benefit. The House Committee on Armed Services incorporated the budget resolution proposal into its authorization bill. As approved by the House, H.R. 4546 includes a provision to authorize military retirees who are 60 percent or greater disabled to receive their full retired pay and VA disability compensation benefit by fiscal year 2007; not complete elimination of the offset, but providing for concurrent receipt for the more seriously disabled. Until the program is fully implemented, the bill establishes a transition program through which retirees will receive increasing amounts of their retired pay. Transition payment levels will increase annually until fiscal year 2007, when all retirees with a disability rating of 60 percent or greater will receive their full retired pay and VA disability compensation. During its consideration of the authorization bill, the Senate approved an amendment to authorize full concurrent receipt immediately. While I would obviously prefer the Senate language because it does mirror my bill, H.R. 303, I recognize it may be difficult to achieve this goal in one step and that an incremental approach such as the House language may be necessary. I am extremely disappointed, Mr. Speaker, by recent efforts by the Department of Defense to derail our progress on the concurrent receipt issue. I believe the arguments against concurrent receipt being used by the Defense Department are baseless and designed to be intentionally misleading. I want to remind my colleagues of a quote by our first Commander-in- Chief, George Washington. He said, ``The willingness with which our young people are likely to serve in any war, no matter how justified, shall be directly proportional to how they perceive the veterans of earlier wars were treated and appreciated by their nation.'' We are at war, Mr. Speaker, and our first President's words are more applicable than ever. At a time when our Nation is calling upon our Armed Forces to defend democracy and freedom, we must be careful not to send the wrong signal to our military service members. For those of them who have selected to make their career in the U.S. military, they face an additional unknown risk in the fight against terrorism. If they are injured, they will be forced to forgo their earned retired pay in order to receive their VA disability compensation. In effect, they will be paying for their own disability benefits with their retirement collection. We must include a substantial concurrent receipt provision in a final defense authorization bill, and I urge my colleagues to support the Taylor motion to instruct conferees. The time has come to do what is right and support the elimination of the current offset between military retired pay and VA disability compensation.

Mr. BILIRAKIS

Mr. BILIRAKIS. Mr. Speaker, because I was attending a funeral for a close family friend on October 8, 2002, I was in my district and unable to vote on S. 2690, the Pledge of Allegiance and National Motto Affirmation Act. Had I been present, I would have voted ``yea'' on rollcall vote No. 445.

Mr. BILIRAKIS

Mr. BILIRAKIS. Mr. Speaker, because I was attending a funeral for a close family friend on October 8, 2002, I was in my district and unable to vote on H.R. 5422, the Child Abduction Prevention Act. Had I been present, I would have voted ``yea'' on rollcall vote No. 446.

Mr. BILIRAKIS

Mr. BILIRAKIS. Mr. Speaker, because I was attending a funeral for a close family friend on October 8, 2002, I was in my district and unable to vote on H. Res. 549. Had I been present, I would have voted ``yea'' on the rollcall vote No. 447.

Mr. BILIRAKIS

Mr. BILIRAKIS. Mr. Speaker, due to the death of a close family friend, I was in Florida on October 7, 2002, and unable to vote on H.R. 3340. Had I been present, I would have voted ``yea'' on rollcall vote No. 442.

Mr. BILIRAKIS

Mr. BILIRAKIS. Mr. Speaker, due to the death of a close family friend, I was in Florida on October 7, 2002, and unable to vote on H.R. 5531, the Sudan Peace Act. Had I been present, I would have voted ``yea'' on rollcall vote No. 443.

Mr. BILIRAKIS

Mr. BILIRAKIS. Mr. Speaker, due to the death of a close family friend, I was in Florida on October 7, 2002, and unable to vote on H. Res. 468. Had I been present, I would have voted ``yea'' on rollcall vote No. 444.

Mr. BILIRAKIS

Mr. BILIRAKIS. Mr. Speaker, unfortunately due to an unexpected passing of a close family friend I was unable to speak in person for my strong support of H.R. 3580. However, I am very pleased that you brought this legislation forward today and would ask all my colleagues to strongly support, H.R. 3580, the Medical Device User Fee and Modernization Act of 2002. I believe that this important legislation will increase access to breakthrough medical technologies, and improve efficiencies at the Food and Drug Administration (FDA). This legislation, which enjoys broad bi-partisan support, contains three main provisions. First, the legislation authorizes, for the first time, a medical device user fee system. This user fee agreement was negotiated between the Food and Drug Administration (FDA) and industry, and it will provide FDA with the additional resources it needs to speed the review of medical devices. I would note that the user fee structure is two-tiered, and effectively recognizes the needs of small device manufacturers. The second part of the bill contains several important regulatory reform provisions. Most importantly, the bill authorizes the creation of a new 3rd party inspection system for device manufacturing facilities. Although required under law to inspect facilities every two years, FDA currently only inspects facilities every five to seven years. The new 3rd party inspection system will in no way supplant resources FDA currently commits to inspect manufacturers--in fact, the program will cease to exist if FDA dedicates less resources to inspections than it currently does. What this new program will do is ensure that more facilities get inspected more often, which is beneficial for the public health. This program will also help to harmonize international inspections. Finally, the legislation contains modifications to FDA's current regulatory scheme governing reprocessed single-use devices. I feel that the changes represented in this bill strike the right balance between respecting the rights of original equipment manufacturers while also recognizing the important role for device reprocessors. I want to emphasize that this bill is bipartisan, and is the result of months of negotiations. Staffs on both sides of the aisle should be commended for the good work they put into this product, and I urge all Members to strongly support this legislation. Ms. DeGETTE Mr. Speaker, I commend Chairman Tauzin and the Ranking member of the full Energy and Commerce Committee, Mr. Dingell, as well as Mr. Greenwood and Ms. Eshoo for their hard work on this bill. H.R. 3580 will go a long way toward ensuring that the Food and Drug Administration has the necessary resources to quickly, yet efficiently and carefully review medical device manufacturer applications. Much like the Prescription Drug User Fee Act, reauthorized earlier this year in the bioterrorism bill, the House's action today will provide our constituents with the best of modern medicine in a more timely fashion. Passage of this bill will assist all Americans, including the youngest Americans--our children. While I am very interested in speeding the approval process for devices that treat and cure a range of medical conditions in adults and children, I am equally as interested in ensuring that these devices are safe and effective for use by children. That is why I want to thank Chairman Tauzin and Mr. Dingell for including my provisions in this bill. My provisions will aid in strengthening the bill by ensuring that medical devices are safe and effective for use by children. To achieve this goal, the bill--in Section 209--now requires the Medical Devices Advisory Committee of the Center for Devices and Radiological Health to include or consult with pediatric experts when reviewing applications for devices that may be used by children. The bill also requires, in Section 211, the Secretary of Health and Human Services to commission an Institute of Medicine study to examine whether the system under the Federal Food, Drug and Cosmetic Act for the postmarket surveillance of medical devices provides adequate safeguards regarding the use of devices in children. The IOM is requested to pay particular attention to the study length and adequacy of FDA resources to monitor longterm studies, in a variety of areas including shunts and other implanted devices used for infants and children. Lastly, the bill's report language will include language recommending that a portion of new funds for post-marketing surveillance be used to assess long-term use, safety and effectiveness of medical devices in children. This language is key as children rapidly grow and a device implanted at age eight, for example an implantable insulin pump for diabetics, may not work as effectively or safely at age 12. These additions to the bill will ensure that like adults, children will receive the best health care possible. Again, I thank Chairman Tauzin and Ranking Member Dingell for working with me to address these issues.