[Congressional Record Volume 148, Number 126 (Tuesday, October 1, 2002)]
[House]
[Pages H6812-H6815]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                       RARE DISEASES ACT OF 2002

  Mr. SHIMKUS. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 4013) to amend the Public Health Service Act to establish an 
Office of Rare Diseases at the National Institutes of Health, and for 
other purposes.
  The Clerk read as follows:

                               H.R. 4013

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Rare Diseases Act of 2002''.

     SEC. 2. FINDINGS AND PURPOSES.

       (a) Findings.--Congress makes the following findings:
       (1) Rare diseases and disorders are those which affect 
     small patient populations, typically populations smaller than 
     200,000 individuals in the United States. Such diseases and 
     conditions include Huntington's disease, amyotrophic lateral 
     sclerosis (Lou Gehrig's disease), Tourette syndrome, Crohn's 
     disease, cystic fibrosis, cystinosis, and Duchenne muscular 
     dystrophy.
       (2) For many years, the 25,000,000 Americans suffering from 
     the over 6,000 rare diseases and disorders were denied access 
     to effective medicines because prescription drug 
     manufacturers could rarely make a profit from marketing drugs 
     for such small groups of patients. The prescription drug 
     industry did not adequately fund research into such 
     treatments. Despite the urgent health need for these 
     medicines, they came to be known as ``orphan drugs'' because 
     no companies would commercialize them.
       (3) During the 1970s, an organization called the National 
     Organization for Rare Disorders (NORD) was founded to provide 
     services and to lobby on behalf of patients with rare 
     diseases and disorders. NORD was instrumental in pressing 
     Congress for legislation to encourage the development of 
     orphan drugs.
       (4) The Orphan Drug Act created financial incentives for 
     the research and production of such orphan drugs. New Federal 
     programs at the National Institutes of Health and the Food 
     and Drug Administration encouraged clinical research and 
     commercial product development for products that target rare 
     diseases. An Orphan Products Board was established to promote 
     the development of drugs and devices for rare diseases or 
     disorders.
       (5) Before 1983, some 38 orphan drugs had been developed. 
     Since the enactment of the Orphan Drug Act, more than 220 new 
     orphan drugs have been approved and marketed in the United 
     States and more than 800 additional drugs are in the research 
     pipeline.
       (6) Despite the tremendous success of the Orphan Drug Act, 
     rare diseases and disorders deserve greater emphasis in the 
     national biomedical research enterprise. The Office of Rare 
     Diseases at the National Institutes of Health was created in 
     1993, but lacks a statutory authorization.
       (7) The National Institutes of Health has received a 
     substantial increase in research funding from Congress for 
     the purpose of expanding the national investment of the 
     United States in behavioral and biomedical research.
       (8) Notwithstanding such increases, funding for rare 
     diseases and disorders at the National Institutes of Health 
     has not increased appreciably.
       (9) To redress this oversight, the Department of Health and 
     Human Services has proposed the establishment of a network of 
     regional centers of excellence for research on rare diseases.
       (b) Purposes.--The purposes of this Act are to--
       (1) amend the Public Health Service Act to establish an 
     Office of Rare Diseases at the National Institutes of Health; 
     and
       (2) increase the national investment in the development of 
     diagnostics and treatments for patients with rare diseases 
     and disorders.

     SEC. 3. NIH OFFICE OF RARE DISEASES AT NATIONAL INSTITUTES OF 
                   HEALTH.

       Title IV of the Public Health Service Act (42 U.S.C. 281 et 
     seq.), as amended by Public Law 107-84, is amended by 
     inserting after section 404E the following:


                       ``office of rare diseases

       ``Sec. 404F. (a) Establishment.--There is established 
     within the Office of the Director of NIH an office to be 
     known as the Office of Rare Diseases (in this section 
     referred to as the `Office'), which shall be headed by a 
     Director (in this section referred to as the `Director'), 
     appointed by the Director of NIH.
       ``(b) Duties.--
       ``(1) In general.--The Director of the Office shall carry 
     out the following:
       ``(A) The Director shall recommend an agenda for conducting 
     and supporting research on rare diseases through the national 
     research institutes and centers. The agenda shall provide for 
     a broad range of research and education activities, including 
     scientific workshops and symposia to identify research 
     opportunities for rare diseases.
       ``(B) The Director shall, with respect to rare diseases, 
     promote coordination and cooperation among the national 
     research institutes and centers and entities whose research 
     is supported by such institutes.
       ``(C) The Director, in collaboration with the directors of 
     the other relevant institutes and centers of the National 
     Institutes of Health, may enter into cooperative agreements 
     with and make grants for regional centers of excellence on 
     rare diseases in accordance with section 404G.
       ``(D) The Director shall promote the sufficient allocation 
     of the resources of the National Institutes of Health for 
     conducting and supporting research on rare diseases.
       ``(E) The Director shall promote and encourage the 
     establishment of a centralized clearinghouse for rare and 
     genetic disease information that will provide understandable 
     information about these diseases to the public, medical 
     professionals, patients and families.
       ``(F) The Director shall biennially prepare a report that 
     describes the research and education activities on rare 
     diseases being conducted or supported through the national 
     research institutes and centers, and that identifies 
     particular projects or types of projects that should in the 
     future be conducted or supported by the national research 
     institutes and centers or other entities in the field of 
     research on rare diseases.
       ``(G) The Director shall prepare the NIH Director's annual 
     report to Congress on rare disease research conducted by or 
     supported through the national research institutes and 
     centers.
       ``(2) Principal advisor regarding orphan diseases.--With 
     respect to rare diseases, the Director shall serve as the 
     principal advisor to the Director of NIH and shall provide 
     advice to other relevant agencies. The Director shall provide 
     liaison with national and international patient, health and 
     scientific organizations concerned with rare diseases.
       ``(c) Definition.--For purposes of this section, the term 
     `rare disease' means any disease or condition that affects 
     less than 200,000 persons in the United States.
       ``(d) Authorization of Appropriations.--For the purpose of 
     carrying out this section, there are authorized to be 
     appropriated such sums as already have been appropriated for 
     fiscal year 2002, and $4,000,000 for each of the fiscal years 
     2003 through 2006.''.

     SEC. 4. RARE DISEASE REGIONAL CENTERS OF EXCELLENCE.

       Title IV of the Public Health Service Act (42 U.S.C. 281 et 
     seq.), as amended by section 3, is further amended by 
     inserting after section 404F the following:


             ``rare disease regional centers of excellence

       ``Sec. 404G. (a) Cooperative Agreements and Grants.--
       ``(1) In general.--The Director of the Office of Rare 
     Diseases (in this section referred to as the `Director'), in 
     collaboration with the directors of the other relevant 
     institutes and centers of the National Institutes of Health, 
     may enter into cooperative agreements with and make grants to 
     public or private nonprofit entities to pay all or part of 
     the cost of planning, establishing, or strengthening, and 
     providing basic operating support for regional centers of 
     excellence for clinical research into, training in, and 
     demonstration of diagnostic, prevention, control, and 
     treatment methods for rare diseases.
       ``(2) Policies.--A cooperative agreement or grant under 
     paragraph (1) shall be entered into in accordance with 
     policies established by the Director of NIH.
       ``(b) Coordination With Other Institutes.--The Director 
     shall coordinate the activities under this section with 
     similar activities conducted by other national research 
     institutes, centers and agencies of the National Institutes 
     of Health and by the Food and Drug Administration to the 
     extent that such institutes, centers and agencies have 
     responsibilities that are related to rare diseases.
       ``(c) Uses for Federal Payments Under Cooperative 
     Agreements or Grants.--Federal payments made under a 
     cooperative agreement or grant under subsection (a) may be 
     used for--
       ``(1) staffing, administrative, and other basic operating 
     costs, including such patient care costs as are required for 
     research;
       ``(2) clinical training, including training for allied 
     health professionals, continuing

[[Page H6813]]

     education for health professionals and allied health 
     professions personnel, and information programs for the 
     public with respect to rare diseases; and
       ``(3) clinical research and demonstration programs.
       ``(d) Period of Support; Additional Periods.--Support of a 
     center under subsection (a) may be for a period of not to 
     exceed 5 years. Such period may be extended by the Director 
     for additional periods of not more than 5 years if the 
     operations of such center have been reviewed by an 
     appropriate technical and scientific peer review group 
     established by the Director and if such group has recommended 
     to the Director that such period should be extended.
       ``(e) Authorization of Appropriations.--For the purpose of 
     carrying out this section, there are authorized to be 
     appropriated such sums as already have been appropriated for 
     fiscal year 2002, and $20,000,000 for each of the fiscal 
     years 2003 through 2006.''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Illinois (Mr. Shimkus) and the gentleman from Texas (Mr. Green) each 
will control 20 minutes.
  The Chair recognizes the gentleman from Illinois (Mr. Shimkus).


                             General Leave

  Mr. SHIMKUS. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days within which to revise and extend their 
remarks and include extraneous material on this legislation.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Illinois?
  There was no objection.
  Mr. SHIMKUS. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I would like to commend the distinguished gentleman from 
Louisiana (Chairman Tauzin) and my good friend, the gentleman from 
Florida (Mr. Foley), for their work in bringing attention to rare 
diseases and disorders.
  In the United States today, one in nine Americans suffer from a known 
rare disease or disorder for which there is often no good treatment or 
cure. The legislation sponsored by my colleagues works to correct that 
problem. Taken together, the Rare Diseases Act and its companion bill, 
the Rare Disease Orphan Product Development Act, encourage the 
development of better treatments, diagnostic procedures, and cures for 
large numbers of rare diseases and disorders.
  There are over 6,000 known rare diseases, and although each of them 
individually affects less than 200,000 people, the total number of 
Americans affected is over 25 million people. These acts build on the 
success of the Orphan Drug Act of 1983, which has led to the 
development of over 220 treatments for rare diseases and disorders, 
including Huntington's disease, Lou Gehrig's disease, and Tourette 
syndrome.
  Still, patients with rare diseases continue to face challenges in 
receiving appropriate and adequate treatment. The National Commission 
on Orphan Diseases estimated that only one-third of patients receive an 
accurate diagnosis in the 3 to 5 years after the onset of symptoms, and 
50 percent of the population is not accurately diagnosed until 7 or 
more years after the onset of symptoms.
  Research into rare diseases and disorders provides hope for thousands 
of Americans and their families. This legislation does not detract from 
other worthy congressional research priorities of the NIH, such as the 
Children's Health Act of 2000. Instead, these bills increase funding 
for two programs that have already had a direct and positive impact on 
this community. They expand and enhance existing research under way at 
various institutes of the NIH.
  Again, I am pleased to support passage of these two pieces of 
legislation and stand ready to work with my esteemed colleagues to 
ensure that they are enacted into law.
  Mr. Speaker, I reserve the balance of my time.
  Mr. WAXMAN. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in support of H.R. 4013, the Rare Diseases Act of 
2002. I am proud to have introduced this piece of legislation with my 
colleague, the gentleman from Illinois (Mr. Shimkus). This is a bill 
which would work to the benefit of those suffering from rare diseases 
both by establishing an Office of Rare Diseases at the National 
Institutes of Health, and by providing for rare disease regional 
centers of excellence.
  A rare disease is defined in the United States as one affecting fewer 
than 200,000 Americans. There are around 6,000 known rare diseases, and 
it is estimated that about 25 million Americans are affected by them. 
Over 220 treatments have been developed in the last two decades for 
rare diseases, but many more are needed.
  The Office of Rare Diseases at the National Institutes of Health was 
established in 1993 to promote research and provide information. 
However, this office was not given any authority. Also, although 
Congress has substantially increased research funding for NIH, funding 
for rare diseases has only increased slightly. This legislation 
increases to $25 million the Orphan Product Research Grant Program 
administered by the Office of Orphan Product Development at the Food 
and Drug Administration, thus encouraging more extensive research, 
testing, and attention.
  The Rare Diseases Act of 2002 establishes the Office of Rare Diseases 
as a Federal office, including its ability to coordinate research and 
establish regional centers of excellence for clinical research.
  This is an important piece of legislation, and I urge all my 
colleagues to join me in supporting its passage.
  Mr. Speaker, I reserve the balance of my time.
  Mr. SHIMKUS. Mr. Speaker, I yield such time as he may consume to the 
gentleman from Florida (Mr. Foley), who has been an ardent spokesperson 
and supporter of this legislation.
  Mr. FOLEY. Mr. Speaker, I thank the gentleman for yielding time to 
me. I thank the gentleman from Illinois (Mr. Shimkus) for his 
leadership on these very important pieces of legislation today, as well 
as the gentleman from California (Mr. Waxman) for his many, many years 
of outstanding service on the Subcommittee on Health.
  Mr. Speaker, many people are unfamiliar with some of the diseases 
that were mentioned earlier. Today in Palm Beach County, there are a 
lot of diseases that have tremendous charity organizations helping to 
support them, to raise money. In fact, there is a ball a day that is 
pretty much dedicated to raising resources and to not only find 
research dollars, but hopefully find cures for diseases that ravage 
mankind, but most all of them are popular and well known. They may be 
AIDS, Alzheimer's, things that people are well familiar with.
  Regrettably, the rare diseases do not have the same fan club. They do 
not have the same outreach, and they certainly do not have the same 
support network as some of the bigger charities are fortunate to have 
in my district and throughout the country. That is why it is critically 
important to pass both of these pieces of legislation today, because 
they create the framework to bring about an educational process, to 
create the framework to channel resources into the National Institutes 
of Health and other entities in order to find the potential cures, as 
well as the subsequent bill we will talk about that helps to provide, 
if you will, the kind of dollars necessary for pharmaceutical companies 
and others to be able to pursue what is not a profitable research path, 
but is a research path, nonetheless, that yields great results to the 
person suffering.
  So again, I commend the gentleman from Illinois (Mr. Shimkus), and I 
am certain the citizens of Illinois appreciate the fact that he is on 
this very important subcommittee of the Committee on Commerce dealing 
with the health care of many millions of Americans who are silent on 
the floor today, but are watching with great anticipation as we 
hopefully unlock the key to one of the many doors that block some of 
the research available.
  Hopefully with these bills we will see an outpouring of support not 
only into research endeavors, but also into long-term sustainability of 
the lives of these very important Americans we are speaking about 
today.
  Mr. WAXMAN. Mr. Speaker, I am pleased to yield such time as he may 
consume to the gentleman from Illinois (Mr. Davis).
  Mr. DAVIS of Illinois. Mr. Speaker, I want to, first of all, thank 
the gentleman from California (Mr. Waxman) for yielding time to me, and 
commend him and the gentleman from Illinois (Mr. Shimkus) for 
introducing this legislation.

[[Page H6814]]

  I also want to thank the former commissioner of the Chicago 
Metropolitan Water Reclamation District, the distinguished JoAnn Alter, 
for bringing this matter to my attention. Therefore, I rise in support 
of H.R. 4013, the Rare Diseases Act of 2002.
  Mr. Speaker, with a large low-income population, 24 hospitals, 5 
medical schools, and several research institutions in my district, I 
know firsthand the heartbreak faced by people who struggle to find the 
appropriate medical treatment for themselves and their families.
  We have made tremendous strides in education, research, and medical 
protocols for individuals with diseases that affect large populations. 
Much funding has been dedicated and continues to be directed to 
treatment of diseases such as cancer, heart disease, and diabetes, and 
this is all good.
  There are, however, a number of rare diseases which affect 200,000 or 
fewer Americans which continue to go underresourced. While 
statistically 200,000 people may be a small number, it is a large 
number when we consider it represents people needing medical treatment. 
However, if we aggregate the number of people suffering from at least 1 
of the 6,000 known rare diseases and disorders, we are talking about 25 
million Americans, 1 in 9, suffering from a rare disease.
  Several months ago a mother and her young son, who suffers from 
Crohn's disease, traveled hundreds of miles from Virginia to 
Northwestern Memorial Hospital in my district to see if he could be 
accepted into a special treatment program that was offered nowhere near 
his home. He wrote a letter to me thanking me for the fact that he was 
indeed able to get into Northwestern and to be considered for treatment 
for his very rare disease.
  This bill, H.R. 4013, which establishing an Office of Rare Diseases 
at the National Institutes of Health, by increasing the national 
investment in the development of diagnostics and treatment for patients 
with rare diseases and disorders, and by allowing for rare disease 
regional centers of excellence, is a quantum leap in the right 
direction. I again commend my colleagues for its introduction and urge 
swift passage of this resolution.

                              {time}  1330

  Mr. WAXMAN. Mr. Speaker, I have no further requests for time, and I 
yield back the balance of my time.
  Mr. KIRK. Mr. Speaker, I rise today in strong support of H.R. 4013, 
the Rare Disease Act of 2002. Currently, more than 6,000 rare diseases 
affect 25 million Americans each year. While some progress has been 
made to fight rare diseases over the last twenty years, we must commit 
greater resources to this effort, particularly through the National 
Institutes of Health.
  My own constituents have been very active in this fight. Families of 
Spinal Muscular Atrophy, based in Libertyville, Illinois, have been 
working to enhance research efforts of this and other rare diseases 
since 1984. I commend Audrey Lewis and all of the Families of SMA's 
staff and volunteers for their continued dedication and hard work in 
this field.
  SMA is just one of the thousands of rare diseases that continues to 
impact American families, and is the number one genetic killer of 
children under the age of two. A child of parents who both carry the 
SMA gene has a one in four chance of developing this devastating 
disease. Inflicted children are forced to live with neuromuscular 
deterioration that can affect crawling, walking, head control and 
swallowing.
  We must make every effort to expand research efforts so that those 
with SMA and other rare diseases have a change to live long and healthy 
lives. I hope that Congress can send a united message of the importance 
of enhanced research efforts in this field by supporting this bill. An 
Office of Rare Diseases at the National Institutes of Health is an 
essential element in our efforts to raise awareness and research for 
SMA and the thousands of other rare diseases affecting Americans. I 
urge my colleagues to support H.R. 4013.
  Mr. PITTS. Mr. Speaker, the legislation before us today represents 
the latest steps in Congress' twenty year commitment to Americans with 
rare ``orphan'' diseases. Since its passage in 1983, the Orphan Drug 
Act has stimulated the development of 231 new marketed orphan products, 
with several hundred more in the pipeline for which we all have great 
hopes. Yet, there are still more than 5,000 rare diseases with no 
specialized treatment at all. For this reason, H.R. 4013 and H.R. 4014 
represent major advances in stimulating new therapies for those with 
rare diseases, as well as improved care.
  It is important to note, however, that even those 231 marketed orphan 
drugs, biologics, foods and devices are not always readily available to 
patients because of geographical and insurance barriers. One of the 
unfinished pieces of business facing this Congress is to make sure that 
Medicare is not contributing to this problem.
  Three years ago, when Congress created the Medicare Hospital 
Outpatient Prospective Payment System, known as HOPPS, Congress placed 
all orphan products into a pass-through category where they would be 
paid at a higher rate. Even still, many hospitals have lost money when 
they stocked orphan drugs to treat patients with rare diseases.
  Now we are faced with a situation where CMS has proposed a regulation 
for the 2003 HOPPS program that leaves most orphan drugs, biologicals 
and blood plasma therapies and their recombinant analogs such as 
clotting factors for individuals with Hemophilia without adequate 
reimbursement. Many hospitals will refuse to stock these drugs because 
of the large loss they will incur for treating a small number of 
patients. Without appropriate reimbursement, patients may be turned 
away from hospital emergency rooms or directed to alternative 
facilities if the location does not stock their product. The 
consequences of inadequate or non-existent access would be devastating, 
particularly in rural areas where the nearest hospital to stock a 
particular orphan drug may be a hundred or more miles away.
  Mr. Speaker, it is critical that the House of Representatives act 
this year to ensure that orphan drugs are properly reimbursed.
  Mr. KIND. Mr. Speaker, I rise in support of both the Rate Diseases 
Act (H.R. 4013) and Rare Diseases Orphan Product Development Act (H.R. 
4014). A rare disease is defined as one that afficts fewer than 200,000 
individuals. Our country has over 6,000 rare diseases that affect more 
than 25 millions Americans.
  Both of these measures will provide necessary incentives to find a 
cure for these ailments. H.R. 4013 establishes an Office of Rare 
Diseases within the National Institutes of Health director's office. In 
addition, the bill creates Rare Disease Regional Centers of Excellence 
to conduct research and training in the diagnosis, prevention, control 
and treatment of rare diseases. H.R. 4014 would double the funding to 
$25 million for the successful FDA grant program for research on orphan 
drugs. Since 1983, the FDAa has approved more than 200 treatments for 
rare diseases, this additional funding will be critical to increasing 
the number of treatments available.
  A wonderful family in my hometown, the Kirches, brought the issue of 
rare diseases to my attention. I have had the opportunity to meet with 
Larry, Susan and their daughter Allyson to hear about their struggles 
and triumphs with Allyson's battle with Mucopolysachharidosis (MPS) 
III. MPS III is a genetic disorder that results in the body's inability 
to produce certain enzymes. This lack of enzyme production interrupts 
the usual breakdown of complex carbohydrates that are stored in almost 
every cell in the body. Without the breakdown, storage progressively 
builds in each cell causing damage in multiple systems within the body 
including respiratory, bones, internal organs, and nervous system. The 
results of this damage include mental retardation, short stature, 
cornea damage, loss of mobility, and most importantly a drastically 
shortened life span. At present there is no cure for MPS III.
  Allyson's future depends on investment in scientific and biomedical 
research by the public and private sector and, we owe it to all 
children with these disorders to make every effort to improve their 
quality of life and ultimately contribute to efforts in developing 
effective treatments. I urge my colleagues to support these measures 
and assist families like the Kirches all across our country.
  Mr. DINGELL. Mr. Speaker, I rise in strong support of H.R. 4013, the 
``Rare Diseases Act of 2002,'' of which I am proud to be an original 
cosponsor. I would like to thank my colleagues on both sides of the 
aisle for working together to introduce this important legislation and 
for working on behalf of the 25 million American people who suffer from 
rare diseases.
  Rare, or orphan diseases affect fewer than 200,000 individuals in 
America. Nearly one million people in my home state of Michigan are 
afflicted with a rare disease. There are more than 6,000 rare diseases. 
Enactment of the Orphan Drug Act of 1983 provided incentives for drug 
and biological manufacturers to invest in treatment for rare diseases.
  While the Orphan Drug Act has achieved dramatic increases in research 
into, and treatments for rare diseases, more still needs to be done. 
One positive step includes authorizing, in statute, the Office of Rare 
Diseases.
  In addition, H.R. 4013 authorizes regional centers of excellence for 
rare disease research. This will enable the National Institutes of 
Health (NIH) to select sites to concentrate on finding cures and 
treatment methods for rare diseases.
  I urge all of my colleagues to join me in support of H.R. 4013.

[[Page H6815]]

  Mr. BILIRAKIS. Mr. Speaker, I rise today in support of H.R. 4013, the 
Rare Diseases Act of 2002. This bill, which was introduced by the 
gentleman from Illinois, Mr. Shimkus, would help improve research on 
rare diseases at the National Institutes of Health. I urge my 
colleagues to join me today in supporting this important piece of 
legislation.
  A rare or ``orphan'' disease affects fewer than 200,000 people in the 
United States. There are more than 6,000 rare disorders that, taken 
together, affect approximately 25 million Americans. One in every 10 
individuals in this country has received a diagnosis of a rare disease.
  H.R. 4013 will help focus research on rare diseases at NIH. The bill 
also specifically gives NIH the authority to support regional centers 
of excellence in rare disease research. This bill will help strengthen 
our national research infrastructure in this area and improve our 
ability to treat and hopefully cure numerous rare diseases.
  The Energy and Commerce Committee approved H.R. 4013 in late June, 
and I again urge my colleagues to support this important bill.
  Mr. SHIMKUS. Mr. Speaker, I have no further requests for time, and I 
yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Boozman). The question is on the motion 
offered by the gentleman from Illinois (Mr. Shimkus) that the House 
suspend the rules and pass the bill, H.R. 4013.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds of 
those present have voted in the affirmative.
  Mr. WAXMAN. Mr. Speaker, I object to the vote on the ground that a 
quorum is not present and make the point of order that a quorum is not 
present.
  The SPEAKER pro tempore. Pursuant to clause 8, rule XX and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.
  The point of no quorum is considered withdrawn.

                          ____________________