[Congressional Record Volume 148, Number 128 (Thursday, October 3, 2002)]
[House]
[Pages H7001-H7002]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 PRIVILEGES OF THE HOUSE--SENSE OF HOUSE THAT CONGRESS SHOULD COMPLETE 
     ACTION ON H.R. 854 OR OTHER PROVIDER REIMBURSEMENT LEGISLATION

  Mr. FARR of California. Mr. Speaker, I rise to a question of the 
privileges of the House and offer a privileged resolution that I 
noticed pursuant to rule IX and ask for its immediate consideration.
  The SPEAKER pro tempore (Mr. Thornberry). The Clerk will report the 
resolution.
  The Clerk read as follows:

       Whereas President George W. Bush has urged Congress to put 
     Medicare on a ``sustainable financial footing'' in order to 
     assure Americans of affordable and accessible health care.
       Whereas the Administration has failed to take action to 
     protect Medicare and Medicaid programs from severe cuts that 
     threaten basic services to persons in need of health care.
       Whereas the Medicaid program is facing significant cuts 
     through reductions in the disproportionate share hospital 
     program, threatening the very financial viability of the 
     nation's public hospitals.
       Whereas the cuts made in order by the Balanced Budget Act 
     were postponed until 2003 by the Benefits Improvement and 
     Protection Act but without further congressional action cuts 
     will be reimposed and have the potential to seriously cripple 
     safety-net public health services in states across the 
     nation.
       Whereas, in addition to slashing payments to hospitals the 
     Administration has also eliminated the UPL payments for 
     hospitals, further weakening their ability to provide health 
     care to the indigent and uninsured.
       Whereas federal payments to states for this program have 
     been reduced by approximately $700 million in FY 2002 and 
     will be reduced further by about $900 million in FY 2003, 
     thus severely restricting public hospitals' ability to serve 
     persons in need of health care.
       Whereas the number of uninsured persons without access to 
     health care has risen in the last year to 41.2 million.
       Whereas by failing to act Congress imposes on the states 
     and localities an undue burden to carry health care costs as 
     well as abrogates its responsibility to maintain the general 
     welfare of the country, bringing discredit to this Body and 
     threatening the very well-being of the populace.
       Now, Therefore, Be It Resolved that it is the sense of the 
     House of Representatives that the Congress should complete 
     action on H.R. 854 or other provider reimbursement 
     legislation before recessing and should insure that Medicare 
     and Medicaid providers have appropriate funds to carry out 
     their health care mandates.

  The SPEAKER pro tempore. The Chair will hear briefly from the 
proponent of the resolution as to whether the resolution constitutes a 
question of privileges of the House under rule IX.
  Mr. FARR of California. Mr. Speaker, rule IX of the House Rules 
Manual states that questions of privilege are ``those affecting the 
rights, reputation, and conduct of, Members, Delegates, or the Resident 
Commissioner, individually, in their representative capacity only.''
  The rights, reputation and conduct of this Member are negatively 
affected when the House cannot move legislation that the American 
people overwhelmingly support. That is true when it comes to full 
funding for education, for prescription drug, HMO reform and economic 
recovery.
  I, like others, represent 700,000 people. My rights and those of my 
constituents are being denied when urgent legislation that has majority 
support is blocked from consideration simply because the Republican 
leadership will not schedule the bill.
  As a result, I believe this resolution meets the test of privilege.
  While the health care safety net is under particular strain, general 
health care providers, hospitals, doctors and home health care agencies 
are facing disastrous financial circumstances.
  The Disproportionate Share Hospitals, also known as DSH hospitals, 
cuts first enacted in the Balanced Budget Act of 1997 were initially 
postponed, but now are scheduled to go back into force, creating a 
health care havoc for hospitals across this Nation. In California 
alone, the DSH cuts total $184 million and will grow exponentially if 
we do not act to correct this situation. The hospital system in 
California, nor in any other State, can absorb this level of funding 
reduction. We have to act now.
  Other provider reimbursement programs are facing similar financial 
catastrophe. Physician reimbursements were reduced by 5.4 percent in 
January of this year and are scheduled to decline by another 17 percent 
by the year

[[Page H7002]]

2005. Just 2 days ago, a 10 percent reduction in nursing reimbursements 
to nursing homes and skilled nursing home facilities was implemented. 
How are these critical facilities supposed to cope? How will their 
patients fare unless Congress addresses a reasonable level of care?
  States and localities that operate hospitals and health clinics to 
treat the indigent and low-income populations rely on Medicaid revenues 
to help cover their costs. Low provider rates compound the effects of 
other losses that these facilities will be experiencing this year, 
including the dramatic drop in Federal revenues from the DSH cliff and 
reductions in State support, and reductions in the State support 
because of the implications at the State level.
  I urge this body not to recess unless we can correct the problem and 
make sure that basic health care providers, our public hospitals and 
doctor networks, have the funds they need to give care when and where 
it is needed. It is our duty as the legislative branch of government 
not to abandon these responsibilities. We must do this, and we have to 
do it now.
  I ask for support of my resolution.
  The SPEAKER pro tempore. The Chair is prepared to rule on whether the 
resolution offered by the gentleman from California constitutes a 
question of the privileges of the House under rule IX.
  The resolution offered by the gentleman from California expresses the 
sense of the House that the Congress should complete action on a 
legislative measure. Specifically, the resolution calls upon the 
Congress to complete action on a specific health care bill or other 
similar legislation and to ensure that health care providers are 
adequately funded.
  As the Chair ruled yesterday, a resolution expressing the sentiment 
that Congress should act on a specified measure does not constitute a 
question of privileges of the House under rule IX.
  The Chair would further add that the Chair understands the gentleman 
from California purported to invoke a question of the privileges of the 
House rather than a question of personal privilege.
  Accordingly, the resolution offered by the gentleman from California 
does not constitute a question of the privileges of the House under 
rule IX and may not be considered at this time.
  Mr. FARR of California. Mr. Speaker, I appeal the ruling of the 
Chair, and I ask to be heard on the appeal.

                              {time}  1330

  The SPEAKER pro tempore (Mr. Thornberry). The question is, Shall the 
decision of the Chair stand as the judgment of the House?


                 Motion to Table Offered by Mr. Hulshof

  Mr. HULSHOF. Mr. Speaker, I move to lay the appeal on the table.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Missouri (Mr. Hulshof) to lay on the table the appeal of 
the ruling of the Chair.
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.
  Mr. FARR. 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. Evidently a quorum is not present.
  The Sergeant at Arms will notify absent Members.
  The vote was taken by electronic device, and there were--yeas 206, 
nays 192, not voting 34, as follows:

                             [Roll No. 440]

                               YEAS--206

     Aderholt
     Akin
     Armey
     Bachus
     Ballenger
     Barr
     Bartlett
     Barton
     Bass
     Bereuter
     Biggert
     Bilirakis
     Blunt
     Boehlert
     Boehner
     Bonilla
     Bono
     Boozman
     Brady (TX)
     Brown (SC)
     Bryant
     Burr
     Burton
     Buyer
     Calvert
     Camp
     Cannon
     Cantor
     Capito
     Castle
     Chabot
     Chambliss
     Coble
     Collins
     Combest
     Crane
     Crenshaw
     Cubin
     Culberson
     Cunningham
     Davis, Jo Ann
     Davis, Tom
     DeLay
     DeMint
     Diaz-Balart
     Doolittle
     Dreier
     Duncan
     Dunn
     Ehlers
     Ehrlich
     Emerson
     English
     Everett
     Ferguson
     Flake
     Fletcher
     Foley
     Forbes
     Fossella
     Frelinghuysen
     Gallegly
     Gekas
     Gibbons
     Gilchrest
     Gillmor
     Gilman
     Goode
     Goodlatte
     Goss
     Graham
     Granger
     Graves
     Green (WI)
     Greenwood
     Grucci
     Hansen
     Hart
     Hastert
     Hastings (WA)
     Hayes
     Hayworth
     Herger
     Hobson
     Horn
     Hostettler
     Houghton
     Hulshof
     Hunter
     Hyde
     Isakson
     Issa
     Istook
     Jenkins
     Johnson (CT)
     Johnson (IL)
     Johnson, Sam
     Jones (NC)
     Kelly
     Kennedy (MN)
     Kerns
     King (NY)
     Kingston
     Kirk
     Knollenberg
     Kolbe
     LaHood
     Latham
     LaTourette
     Leach
     Lewis (KY)
     LoBiondo
     Lucas (OK)
     Manzullo
     McCrery
     McHugh
     McKeon
     Mica
     Miller, Dan
     Miller, Gary
     Miller, Jeff
     Moran (KS)
     Morella
     Myrick
     Nethercutt
     Ney
     Northup
     Norwood
     Nussle
     Osborne
     Ose
     Otter
     Oxley
     Paul
     Pence
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Platts
     Pombo
     Portman
     Pryce (OH)
     Putnam
     Quinn
     Radanovich
     Ramstad
     Regula
     Rehberg
     Reynolds
     Riley
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Royce
     Ryan (WI)
     Ryun (KS)
     Saxton
     Schaffer
     Sensenbrenner
     Sessions
     Shadegg
     Shaw
     Shays
     Sherwood
     Shimkus
     Shuster
     Simmons
     Simpson
     Skeen
     Smith (MI)
     Smith (NJ)
     Smith (TX)
     Souder
     Stearns
     Sullivan
     Sununu
     Sweeney
     Tancredo
     Tauzin
     Taylor (NC)
     Terry
     Thomas
     Thornberry
     Thune
     Tiahrt
     Tiberi
     Toomey
     Upton
     Vitter
     Walden
     Walsh
     Wamp
     Watkins (OK)
     Watts (OK)
     Weldon (FL)
     Weldon (PA)
     Weller
     Whitfield
     Wicker
     Wilson (NM)
     Wilson (SC)
     Wolf
     Young (AK)
     Young (FL)

                               NAYS--192

     Abercrombie
     Ackerman
     Allen
     Andrews
     Baca
     Baird
     Baldacci
     Baldwin
     Barrett
     Becerra
     Bentsen
     Berkley
     Berman
     Berry
     Bishop
     Blagojevich
     Blumenauer
     Bonior
     Borski
     Boswell
     Boucher
     Boyd
     Brady (PA)
     Brown (FL)
     Brown (OH)
     Capps
     Capuano
     Cardin
     Carson (IN)
     Carson (OK)
     Clay
     Clayton
     Clyburn
     Condit
     Conyers
     Costello
     Coyne
     Cramer
     Crowley
     Cummings
     Davis (CA)
     Davis (FL)
     Davis (IL)
     DeFazio
     Delahunt
     DeLauro
     Deutsch
     Dicks
     Dingell
     Doggett
     Dooley
     Doyle
     Edwards
     Engel
     Eshoo
     Etheridge
     Evans
     Farr
     Filner
     Ford
     Frank
     Frost
     Gephardt
     Gonzalez
     Gordon
     Gutierrez
     Hall (TX)
     Harman
     Hill
     Hilliard
     Hinchey
     Hinojosa
     Hoeffel
     Holden
     Holt
     Honda
     Hooley
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     John
     Johnson, E. B.
     Jones (OH)
     Kanjorski
     Kaptur
     Kennedy (RI)
     Kildee
     Kilpatrick
     Kind (WI)
     Kucinich
     Langevin
     Lantos
     Larsen (WA)
     Larson (CT)
     Lee
     Levin
     Lewis (GA)
     Lipinski
     Lofgren
     Lowey
     Lucas (KY)
     Luther
     Lynch
     Maloney (NY)
     Markey
     Matheson
     Matsui
     McCarthy (MO)
     McCarthy (NY)
     McCollum
     McDermott
     McGovern
     McIntyre
     McNulty
     Meehan
     Meek (FL)
     Meeks (NY)
     Menendez
     Millender-McDonald
     Miller, George
     Mollohan
     Moore
     Moran (VA)
     Murtha
     Nadler
     Napolitano
     Neal
     Oberstar
     Obey
     Olver
     Ortiz
     Owens
     Pallone
     Pascrell
     Pastor
     Payne
     Pelosi
     Peterson (MN)
     Phelps
     Pomeroy
     Price (NC)
     Rahall
     Rangel
     Reyes
     Rivers
     Rodriguez
     Roemer
     Ross
     Rothman
     Roybal-Allard
     Rush
     Sabo
     Sanchez
     Sanders
     Sandlin
     Schakowsky
     Schiff
     Scott
     Serrano
     Sherman
     Shows
     Skelton
     Smith (WA)
     Snyder
     Solis
     Spratt
     Stark
     Stenholm
     Strickland
     Tauscher
     Taylor (MS)
     Thompson (CA)
     Thompson (MS)
     Thurman
     Tierney
     Turner
     Udall (CO)
     Udall (NM)
     Velazquez
     Visclosky
     Waters
     Watson (CA)
     Watt (NC)
     Waxman
     Weiner
     Wexler
     Woolsey
     Wu
     Wynn

                             NOT VOTING--34

     Baker
     Barcia
     Callahan
     Clement
     Cooksey
     Cox
     Deal
     DeGette
     Fattah
     Ganske
     Green (TX)
     Gutknecht
     Hastings (FL)
     Hefley
     Hilleary
     Hoekstra
     Keller
     Kleczka
     LaFalce
     Lampson
     Lewis (CA)
     Linder
     Maloney (CT)
     Mascara
     McInnis
     McKinney
     Roukema
     Sawyer
     Schrock
     Slaughter
     Stump
     Stupak
     Tanner
     Towns

                              {time}  1356

  Ms. SOLIS and Mr. RAHALL changed their vote from ``yea'' to ``nay.''
  Mr. SMITH of Michigan changed his vote from ``nay'' to ``yea.''
  So the motion to table was agreed to.
  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.

                          ____________________