[Congressional Record Volume 152, Number 135 (Friday, December 8, 2006)]
[House]
[Pages H9246-H9250]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 PREMATURITY RESEARCH EXPANSION AND EDUCATION FOR MOTHERS WHO DELIVER 
                           INFANTS EARLY ACT

  Mr. BARTON of Texas. Mr. Speaker, I move to suspend the rules and 
pass the Senate bill (S. 707) to reduce preterm labor and delivery and 
the risk of pregnancy-related deaths and complications due to 
pregnancy, and to reduce infant mortality caused by prematurity, as 
amended.
  The Clerk read as follows:

                                 S. 707

       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 ``Prematurity Research 
     Expansion and Education for Mothers who deliver Infants Early 
     Act'' or the ``PREEMIE Act''.

     SEC. 2. TABLE OF CONTENTS.

       The table of contents of this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.

TITLE I--REDUCING PRETERM LABOR AND DELIVERY AND THE RISK OF PREGNANCY-
                    RELATED DEATHS AND COMPLICATIONS

Sec. 101. Purpose.
Sec. 102. Research relating to preterm labor and delivery and the care, 
              treatment, and outcomes of preterm and low birthweight 
              infants.
Sec. 103. Public and health care provider education and support 
              services.
Sec. 104. Interagency Coordinating Council on Prematurity and Low 
              Birthweight.
Sec. 105. Surgeon general's conference on preterm birth.

               TITLE II--CONTACT LENS CONSUMER PROTECTION

Sec. 201.  Short title.
Sec. 202. Availability of contact lenses.
Sec. 203. Prescriber verification.
Sec. 204. FTC Studies.
Sec. 205. FDA consumer safety study.

                  TITLE III--MISCELLANEOUS PROVISIONS

Sec. 301. Effective date of certain Head Start regulations.
Sec. 302. Medicare Critical Access Hospital Designation.

TITLE I--REDUCING PRETERM LABOR AND DELIVERY AND THE RISK OF PREGNANCY-
                    RELATED DEATHS AND COMPLICATIONS

     SEC. 101. PURPOSE.

       It the purpose of this title to--
       (1) reduce rates of preterm labor and delivery;
       (2) work toward an evidence-based standard of care for 
     pregnant women at risk of preterm labor or other serious 
     complications, and for infants born preterm and at a low 
     birthweight; and
       (3) reduce infant mortality and disabilities caused by 
     prematurity.

     SEC. 102. RESEARCH RELATING TO PRETERM LABOR AND DELIVERY AND 
                   THE CARE, TREATMENT, AND OUTCOMES OF PRETERM 
                   AND LOW BIRTHWEIGHT INFANTS.

       (a) General Expansion of Cdc Research.--Section 301 of the 
     Public Health Service Act (42 U.S.C. 241 et seq.) is amended 
     by adding at the end the following:
       ``(e) The Secretary, acting through the Director of the 
     Centers for Disease Control and Prevention, shall expand, 
     intensify, and coordinate the activities of the Centers for 
     Disease Control and Prevention with respect to preterm labor 
     and delivery and infant mortality.''.
       (b) Studies on Relationship Between Prematurity and Birth 
     Defects.--
       (1) In general.--The Secretary of Health and Human 
     Services, acting through the Director of the Centers for 
     Disease Control and Prevention, shall, subject to the 
     availability of appropriations, conduct ongoing 
     epidemiological studies on the relationship between

[[Page H9247]]

     prematurity, birth defects, and developmental disabilities.
       (2) Report.--Not later than 2 years after the date of 
     enactment of this title, and every 2 years thereafter, the 
     Secretary of Health and Human Services, acting through the 
     Director of the Centers for Disease Control and Prevention, 
     shall submit to the appropriate committees of Congress 
     reports concerning the progress and any results of studies 
     conducted under paragraph (1).
       (c) Pregnancy Risk Assessment Monitoring Survey.--
       (1) In general.--The Secretary of Health and Human 
     Services, acting through the Director of the Centers for 
     Disease Control and Prevention, shall establish systems for 
     the collection of maternal-infant clinical and biomedical 
     information, including electronic health records, electronic 
     databases, and biobanks, to link with the Pregnancy Risk 
     Assessment Monitoring System (PRAMS) and other 
     epidemiological studies of prematurity in order to track 
     pregnancy outcomes and prevent preterm birth.
       (2) Authorization of appropriations.--There is authorized 
     to be appropriated to carry out paragraph (1) $3,000,000 for 
     each of fiscal years 2007 through 2011.
       (d) Evaluation of Existing Tools and Measures.--The 
     Secretary of Health and Human Services shall review existing 
     tools and measures to ensure that such tools and measures 
     include information related to the known risk factors of low 
     birth weight and preterm birth.
       (e) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section, except for 
     subsection (c), $5,000,000 for each of fiscal years 2007 
     through 2011.

     SEC. 103. PUBLIC AND HEALTH CARE PROVIDER EDUCATION AND 
                   SUPPORT SERVICES.

       Part P of title III of the Public Health Service Act (42 
     U.S.C. 280g et seq.) is amended--
       (1) by redesignating the second section 399O (relating to 
     grants to foster public health responses to domestic 
     violence, dating violence, sexual assault, and stalking) as 
     section 399P; and
       (2) by adding at the end the following:

     ``SEC. 399Q. PUBLIC AND HEALTH CARE PROVIDER EDUCATION AND 
                   SUPPORT SERVICES.

       ``(a) In General.--The Secretary, directly or through the 
     awarding of grants to public or private nonprofit entities, 
     may conduct demonstration projects for the purpose of 
     improving the provision of information on prematurity to 
     health professionals and other health care providers and the 
     public and improving the treatment and outcomes for babies 
     born preterm.
       ``(b) Activities.--Activities to be carried out under the 
     demonstration project under subsection (a) may include the 
     establishment of--
       ``(1) programs to test and evaluate various strategies to 
     provide information and education to health professionals, 
     other health care providers, and the public concerning--
       ``(A) the signs of preterm labor, updated as new research 
     results become available;
       ``(B) the screening for and the treating of infections;
       ``(C) counseling on optimal weight and good nutrition, 
     including folic acid;
       ``(D) smoking cessation education and counseling;
       ``(E) stress management; and
       ``(F) appropriate prenatal care;
       ``(2) programs to improve the treatment and outcomes for 
     babies born premature, including the use of evidence-based 
     standards of care by health care professionals for pregnant 
     women at risk of preterm labor or other serious complications 
     and for infants born preterm and at a low birthweight;
       ``(3) programs to respond to the informational needs of 
     families during the stay of an infant in a neonatal intensive 
     care unit, during the transition of the infant to the home, 
     and in the event of a newborn death; and
       ``(4) such other programs as the Secretary determines 
     appropriate to achieve the purpose specified in subsection 
     (a).
       ``(c) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $5,000,000 for 
     each of fiscal years 2007 through 2011.''.

     SEC. 104. INTERAGENCY COORDINATING COUNCIL ON PREMATURITY AND 
                   LOW BIRTHWEIGHT.

       (a) Purpose.--It is the purpose of this section to 
     stimulate multidisciplinary research, scientific exchange, 
     and collaboration among the agencies of the Department of 
     Health and Human Services and to assist the Department in 
     targeting efforts to achieve the greatest advances toward the 
     goal of reducing prematurity and low birthweight.
       (b) Establishment.--The Secretary of Health and Human 
     Services shall establish an Interagency Coordinating Council 
     on Prematurity and Low Birthweight (referred to in this 
     section as the Council) to carry out the purpose of this 
     section.
       (c) Composition.--The Council shall be composed of members 
     to be appointed by the Secretary, including representatives 
     of the agencies of the Department of Health and Human 
     Services.
       (d) Activities.--The Council shall--
       (1) annually report to the Secretary of Health and Human 
     Services and Congress on current Departmental activities 
     relating to prematurity and low birthweight;
       (2) carry out other activities determined appropriate by 
     the Secretary of Health and Human Services; and
       (3) oversee the coordination of the implementation of this 
     title.

     SEC. 105. SURGEON GENERAL'S CONFERENCE ON PRETERM BIRTH.

       (a) Convening of Conference.--Not later than 1 year after 
     the date of enactment of this title, the Secretary of Health 
     and Human Services, acting through the Surgeon General of the 
     Public Health Service, shall convene a conference on preterm 
     birth.
       (b) Purpose of Conference.--The purpose of the conference 
     convened under subsection (a) shall be to--
       (1) increase awareness of preterm birth as a serious, 
     common, and costly public health problem in the United 
     States;
       (2) review the findings and reports issued by the 
     Interagency Coordinating Council, key stakeholders, and any 
     other relevant entities; and
       (3) establish an agenda for activities in both the public 
     and private sectors that will speed the identification of, 
     and treatments for, the causes of and risk factors for 
     preterm labor and delivery.
       (c) Report.--The Secretary of Health and Human Services 
     shall submit to the Congress and make available to the public 
     a report on the agenda established under subsection (b)(3), 
     including recommendations for activities in the public and 
     private sectors that will speed the identification of, and 
     treatments for, the causes of and risk factors for preterm 
     labor and delivery.
       (d) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section (other than 
     subsection (c)) $125,000.

               TITLE II--CONTACT LENS CONSUMER PROTECTION

     SEC. 201. SHORT TITLE.

       This title may be cited as the ``Contact Lens Consumer 
     Protection Act''.

     SEC. 202. AVAILABILITY OF CONTACT LENSES.

       (a) Requirement for the Availability of Contact Lenses.--
     The Fairness to Contact Lens Consumers Act (15 U.S.C. 7601 et 
     seq.) is amended by inserting after section 7 (15 U.S.C. 
     7606) the following new section:

     ``SEC. 7A. REQUIREMENT FOR THE AVAILABILITY OF CONTACT 
                   LENSES.

       ``(a) In General.--A manufacturer shall make any contact 
     lens the manufacturer produces, markets, distributes, or 
     sells available in a commercially reasonable and 
     nondiscriminatory manner to--
       ``(1) prescribers;
       ``(2) entities associated with prescribers; and
       ``(3) alternative channels of distribution.
       ``(b) Exclusion.--
       ``(1) In general.--For purposes of this section, the term 
     `contact lens' does not include lenses that are described in 
     paragraph (2).
       ``(2) Lenses described.--The lenses described in this 
     paragraph are--
       ``(A) rigid gas permeable lenses;
       ``(B) bitoric gas permeable lenses;
       ``(C) bifocal gas permeable lenses;
       ``(D) keratoconus lenses;
       ``(E) custom soft toric lenses; and
       ``(F) any other custom designed lenses that are 
     manufactured for an individual patient and are not mass 
     marketed or mass produced.
       ``(c) Definitions.--As used in this section:
       ``(1) Manufacturer.--The term `manufacturer' includes the 
     manufacturer and the parent company of the manufacturer, and 
     any subsidiaries, affiliates, successors, and assigns of the 
     manufacturer.
       ``(2) Alternative channels of distribution.--The term 
     `alternative channels of distribution' means any mail order 
     company, Internet retailer, pharmacy, buying club, department 
     store, or mass merchandise outlet, without regard to whether 
     the entity is associated with a prescriber, unless the entity 
     is a competitor.
       ``(3) Competitor.--The term `competitor' means an entity 
     that manufactures contact lenses and sells the lenses in 
     direct competition with another manufacturer.
       ``(d) Safe Harbor for Manufacturers.--Nothing in this 
     section shall be deemed to impose on a manufacturer an 
     obligation to--
       ``(1) sell to a competitor;
       ``(2) sell contact lenses to different contact lens 
     distributors or customers at the same price, consistent with 
     applicable Federal law;
       ``(3) open or maintain any account for a seller who is not 
     in substantial compliance with this Act;
       ``(4) decide whether to sell to a low volume account 
     directly or through a distributor; or
       ``(5) make available to sellers in all geographic areas 
     lenses that are being test marketed on a limited basis in one 
     geographic area.
       ``(e) Rulemaking.--The Federal Trade Commission shall 
     prescribe rules under section 8 to carry out this section.''.
       (b) Deadline for Rules.--The first rules prescribed by the 
     Federal Trade Commission to carry out section 7A of the 
     Fairness to Contact Lens Consumers Act, as added by 
     subsection (a), shall take effect not later than 180 days 
     after the date of the enactment of this title.
       (c) Effective Date.--The amendments made by this section 
     shall take effect when the rules required by subsection (b) 
     take effect.

     SEC. 203. PRESCRIBER VERIFICATION.

       (a) Telephone and Fax Service.--Section 4 of the Fairness 
     to Contact Lens Consumers Act (15 U.S.C. 7603) is amended--
       (1) in subsection (c), by adding at the end the following 
     new paragraph:

[[Page H9248]]

       ``(7) A telephone number and fax number for prescribers to 
     contact the seller regarding a verification request, as 
     required under subsection (h).'';
       (2) by redesignating subsections (f) and (g) as subsections 
     (g) and (I), respectively; and
       (3) by inserting after subsection (g), as redesignated by 
     paragraph (2), the following new subsection:
       ``(h) Telephone and Fax Service for Verification 
     Responses.--
       ``(1) In general.--A seller of contact lenses who requests 
     verification of a contact lens prescription pursuant to 
     subsection (c) shall provide a telephone and fax service 
     operable during business hours that is dedicated to use by 
     prescribers responding to verification requests. The 
     telephone and fax service shall be maintained with a 
     sufficient number of working telephone lines and live 
     operators to enable ready access by prescribers. Such 
     telephone and fax service shall be toll-free, except as 
     provided pursuant to paragraph (2).
       ``(2) Rules.--In prescribing rules under section 8 to carry 
     out paragraph (1), the Federal Trade Commission shall 
     prescribe the following:
       ``(A) The maximum amount of time between the time when a 
     telephone call is placed and the time when the caller speaks 
     to a live operator to constitute ready access for 
     prescribers.
       ``(B) Exceptions to the requirement that a telephone and 
     fax service required to be provided by a seller under 
     paragraph (1) be provided on a toll-free basis, with such 
     exceptions to be determined based on the contact lens sales 
     volume of sellers and such other factors as the Commission 
     considers appropriate.''.
       (b) Invalid Prescriptions.--Subsection (e) of such section 
     is amended to read as follows:
       ``(e) Invalid Prescriptions.--
       ``(1) Inaccurate prescriptions.--If a prescriber informs a 
     seller before the deadline under subsection (d)(3) that the 
     contact lens prescription is inaccurate--
       ``(A) neither the seller nor the prescriber shall fill the 
     prescription as submitted for verification;
       ``(B) the prescriber shall, as part of the prescriber's 
     response to the verification request, specify the basis for 
     the inaccuracy of the prescription and correct it; and
       ``(C) the seller, upon receipt of the corrected 
     prescription under subparagraph (B), may fill the 
     prescription as corrected.
       ``(2) Expired prescriptions.--If a prescriber informs a 
     seller before the deadline under subsection (d)(3) that the 
     contact lens prescription has expired--
       ``(A) neither the seller nor the prescriber shall fill the 
     prescription as submitted for verification;
       ``(B) the prescriber may authorize an extension of the 
     prescription if the extension is not contingent upon the 
     consumer purchasing the lenses from the prescriber or an 
     affiliated retailer; and
       ``(C) the seller, upon receipt of the extension of the 
     prescription under subparagraph (B), may fill the 
     prescription in accordance with the extension.
       ``(3) Otherwise invalid prescriptions.--If a prescriber 
     informs a seller before the deadline under subsection (d)(3) 
     that the contact lens prescription is invalid for a reason 
     other than a reason specified in paragraph (1) or (2)--
       ``(A) neither the seller nor the prescriber shall fill the 
     prescription as submitted for verification; and
       ``(B) the prescriber shall, as part of the prescriber's 
     response to the verification request, specify the basis for 
     the invalidity of the prescription; and
       ``(C) the seller, upon receipt of the corrected 
     prescription, may fill the prescription as corrected.''.
       (c) Overfilling of Prescriptions.--Such section is further 
     amended by inserting after subsection (e), as amended by 
     subsection (b), the following new subsection:
       ``(f) Overfilling of Prescriptions.--
       ``(1) Limitation.--If a patient orders more contact lenses 
     than can be reasonably used during the period remaining on 
     the patient's prescription, the seller may fill the 
     prescription only to the extent of the quantity described in 
     paragraph (2), unless the prescription is otherwise verified 
     in accordance with section 4(d).
       ``(2) Maximum quantity.--The quantity referred to in 
     paragraph (1) is the greater of--
       ``(A) the quantity that can be reasonably used during the 
     period remaining on the patient's prescription; or
       ``(B) the minimum number of lenses available for sale 
     (based on product packaging).''.
       (d) Deadline for Rules.--The Federal Trade Commission shall 
     prescribe under section 8 of the Fairness to Contact Lens 
     Consumers Act rules to carry out the amendments made by this 
     section. The first rules prescribed for such purpose shall 
     take effect not later than 180 days after the date of the 
     enactment of this title.
       (e) Effective Date.--The amendments made by this section 
     shall take effect when the rules required by subsection (d) 
     take effect.

     SEC. 204. FTC STUDIES.

       (a) Implementation of Fairness to Contact Lens Consumers 
     Act.--Not later than 12 months after the date of the 
     enactment of this title, the Federal Trade Commission shall 
     submit to Congress a report providing the results of a review 
     by the Commission of the implementation of the Fairness to 
     Contact Lens Consumers Act (Public Law 108-164; 15 U.S.C. 
     7601 et seq.) and the rules prescribed under that Act.
       (b) Prescriber's Preferred Method of Communication.--Not 
     later than 12 months after the date of the enactment of this 
     title, the Federal Trade Commission shall submit to Congress 
     a report providing the views of the Commission of the 
     advisability of providing by law for prescribers of contact 
     lens prescriptions to have authority to require, by written 
     notification provided to a seller of contact lenses, that all 
     requests for verification from that seller be communicated to 
     that prescriber by that prescriber's preferred method of 
     communication.

     SEC. 205. FDA CONSUMER SAFETY STUDY.

       (a) Adverse Effects of Violations.--The Secretary of Health 
     and Human Services shall undertake a study to examine the 
     adverse and potentially adverse effects on consumers of 
     seller violations of the prescription verification and sales 
     requirements of the Fairness to Contact Lens Consumers Act 
     (15 U.S.C. 7601 et seq.). The study shall be undertaken in 
     consultation with the Federal Trade Commission. The study 
     shall specifically address the following:
       (1) The overfilling of prescriptions with quantities of 
     lenses that exceed the normal expiration dates of the 
     prescriptions.
       (2) The dispensing of prescriptions that have expired or 
     are inaccurate.
       (3) The failure by a seller to allow prescribers to contact 
     the seller within 8 business hours to advise that a 
     prescription is inaccurate or expired.
       (4) The health risks to the consumer of receiving the 
     incorrect prescription from a seller.
       (5) The economic risks to the consumer of receiving the 
     incorrect prescription from a seller.
       (6) The improper advertising to consumers about what 
     constitutes a valid prescription or valid prescription 
     information, or advertising that no prescription is needed.
       (7) Any other issue that has an impact on the health of the 
     consumer from violations of the verification or sales 
     requirements of the Fairness to Contact Lens Consumers Act.
       (b) Report.--Not later than 12 months after the date of the 
     enactment of this title, the Secretary shall transmit to 
     Congress a report providing the results of the study required 
     by this section.

                  TITLE III--MISCELLANEOUS PROVISIONS

     SEC. 301. EFFECTIVE DATE OF CERTAIN HEAD START REGULATIONS.

       Section 1310.12(a) of title 45 of the Code of Federal 
     Regulations (October 1, 2004) shall not be effective until 
     June 30, 2007, or 60 days after the date of the enactment of 
     a statute that authorizes appropriations for fiscal year 2007 
     to carry out the Head Start Act, whichever date is earlier.

     SEC. 302. MEDICARE CRITICAL ACCESS HOSPITAL DESIGNATION.

       Section 405(h) of the Medicare Prescription Drug, 
     Improvement, and Modernization Act of 2003 (Public Law 108-
     173; 117 Stat. 2269) is amended by adding at the end the 
     following new paragraph:
       ``(3) Exception.--The amendment made by paragraph (1) shall 
     not apply to the certification by the State of Minnesota on 
     or after January 1, 2006, under section 1820(c)(2)(B)(I)(II) 
     of the Social Security Act (42 U.S.C. 1395i-4(c)(2)(B)(I)(I)) 
     of one hospital in Cass County, Minnesota, as a necessary 
     provider of health services to residents in the area of the 
     hospital.''.
       Amend the title so as to read: ``A Bill to reduce preterm 
     labor and delivery and the risk of pregnancy-related deaths 
     and complications due to pregnancy, and to reduce infant 
     mortality caused by prematurity, and for other purposes.''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Texas (Mr. Barton) and the gentleman from New Jersey (Mr. Pallone) each 
will control 20 minutes.
  The Chair recognizes the gentleman from Texas.
  Mr. BARTON of Texas. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I rise today to support the passage of Senate 707, the 
PREEMIE Act, as amended. This bipartisan bill would expand research 
into the causes and prevention of premature births, the number one 
cause of infant deaths in the first month of life, and a serious and 
growing problem in the United States.
  The rate of prematurity has increased more than 30 percent since 
1981. We have made vast improvements in treating premature infants, but 
we have had little success in understanding and preventing premature 
birth.

                              {time}  0145

  The knowledge that we have gained has not been translated into 
improved perinatal outcomes. As the science stands now, nearly 50 
percent of all premature births have no known cause. Scientists are 
learning more about numerous factors that may play a role in premature 
birth, ranging from genetic

[[Page H9249]]

factors, environmental triggers, and obesity to socioeconomic factors 
and life stress. All factors that could possibly play a role in 
premature birth should be explored.
  Please join me in acting now to approve this bill and substantially 
strengthen our Nation's commitment to reducing our spiraling rate of 
premature births and the often tragic human and societal toll they 
exact.
  At this time, I would like to thank the author of the bill, Mr. Upton 
from Michigan, for his hard work on this important legislation. I also 
want to thank Senator Lamar Alexander from Tennessee and Senator Tom 
Harkin from Iowa for their strong work in the other body on this 
bipartisan bill.
  I urge passage of the bill.
  Mr. Speaker, I reserve the balance of my time.
  Mr. PALLONE. Mr. Speaker, I yield myself such time as I may consume.
  Unfortunately, Mr. Speaker, I have to rise in opposition to this 
legislation, and the reason is very simple. Those of us on the 
Democratic side were very supportive of the PREEMIE Act, S. 707, when 
it was given to us in the last few days, and we were prepared to 
support it. However, the bill that I have in front of me now, S. 707, 
which has a time of 12:44 a.m. and we received it after 1:00, which was 
less than an hour ago, has 10 pages that have been added by the 
majority, much of which does not seem, on first reaction here, to even 
be related to the issue, and we simply cannot support something that 
has been changed this dramatically without having the opportunity to 
see it at 1:45 a.m. in the morning on the last day before we adjourn 
sine die.
  Mr. KUCINICH. Mr. Speaker, will the gentleman yield?
  Mr. PALLONE. I yield to the gentleman from Ohio.
  Mr. KUCINICH. Mr. Speaker, I want to thank the gentleman.
  I had the opportunity to review the bill briefly, and this is a bill 
that purports by its title to relate to the care and study of premature 
babies, but it also has a whole section dealing with contact lenses and 
the industry; and it also has a provision that deals with the Head 
Start program; and it also has a provision that deals with the Medicare 
program.
  Now, I want to say that I think that we have misunderstood our 
Republican colleagues because this is the first bill that I have seen 
that deals with health care from cradle to grave, and so we ought to 
give them better consideration in the new Congress.
  However, with this bill, it raises questions about exactly what we 
are doing here at this hour where they are throwing everything in.
  So I would ask the gentleman from New Jersey to pursue a course of 
action here not only of objection but of calling upon the soon-to-be 
expiring majority to not belabor this case any longer. If you have a 
clean bill you can send over here, fine, we will look at it, but there 
are at least four bills they have rolled into one, and I think Mr. 
Pallone's point is well-taken.
  Mr. PALLONE. Mr. Speaker, I would say, again, the problem that we 
face right now is we have 10 pages that have been added to this bill 
within the last hour, much of which does not seem to relate to the 
PREEMIE Act whatsoever.
  Mr. Speaker, I reserve the balance of my time.
  Mr. BARTON of Texas. Mr. Speaker, I yield 1 minute to the gentleman 
from Nebraska (Mr. Terry), a member of the committee.
  Mr. TERRY. Mr. Speaker, I want to thank the good chairman for 
bringing this bill to the floor tonight, which also, as the gentleman 
from Ohio mentioned, does include a consumer protection which I wrote 
in regarding contact lenses which ensures that manufacturers cannot 
have tie-in agreements with retail shops where they are the exclusive 
providers of the contact lens, therefore thwarting the law that we 
passed in Congress several years ago, about 3 years ago, that allows 
the consumer the opportunity to shop around. I want to make sure that 
consumers have that right to shop around. That is what this protection 
allows.
  I want to thank the folks that have allowed this to come to the floor 
tonight in our last night, regardless of the vehicle. It is a good 
consumer protection measure.
  Mr. PALLONE. Mr. Speaker, I reserve my time.
  Mr. BARTON of Texas. Mr. Speaker, I yield myself such time as I may 
consume.
  While there is some confusion on this bill, I want to speak in full 
disclosure on what is in the bill. The primary vehicle before us is a 
premature infant bill which I think is the number one legislative item 
for the March of Dimes. As far as I know, there is absolutely no 
controversy about that bill. I do not know that anybody and any Member 
opposes that bill.
  There is also a contact lens bill that deals with the verification 
program between 1-800 contact lens providers, mail order contact lens 
providers, and optometrists on verification of the prescription, and 
that on that particular bill I would say 90 percent of that has been 
agreed to by the stakeholders.
  The part that is in dispute is exactly mechanically how to verify the 
contact lens prescription. The bill would give the FTC the authority to 
conduct a study and report to Congress on how to solve that problem, I 
believe within 180 days of passage of the bill. The optometrists, or at 
least some optometrists, do oppose that.
  The other item in the bill is an extension of a rule for 6 months 
dealing with Head Start that Congressman Harkin and Congressman 
Grassley called about and that I made sure was cleared on both the 
minority and majority sides at the leadership level and the committee 
level before I agreed to put that in.
  The last thing in this bill is an item dealing with a critical care 
access hospital in Minnesota that was put in at the request of the 
Senate leadership on both sides of the aisle this evening.
  That is the content of the bill.
  Mr. Speaker, I reserve my time.
  Mr. PALLONE. Mr. Speaker, I yield myself such time as I may consume.
  Again, I want to repeat, just having the cursory look at this 
additional 10 pages right now, it refers to contact lenses, Medicare 
changes with regard to hospitalization, a number of other things that 
do not relate to the PREEMIE Act.
  So, again, I would say that at this point, because we have not had a 
chance to review this, I continue to oppose the bill.
  Mr. Speaker, I reserve my time.
  Mr. BARTON of Texas. Mr. Speaker, I yield 1 minute to the 
distinguished doctor from Georgia (Mr. Gingrey).
  Mr. GINGREY. Mr. Speaker, I thank Chairman Barton for giving me an 
opportunity.
  I hope we can work out with the other side, and of course, they are 
doing the due diligence they should do in watching in these waning 
hours, that as we approach sine die to look out for any mischief, but I 
think as Representative Terry described, this is a very good piece of 
legislation that was added to an outstanding piece of legislation, the 
PREEMIE Act.
  I am standing to support the PREEMIE Act, not the additions, but 
hopefully, like I say, the concerns can be allayed and we can work this 
out. But I am the granddad of premature, indeed immature, infants that 
were born at 26 weeks, weighing 1.12 ounces. They are 9-year-olds 
today. My daughter is on the board of directors of the March of Dimes 
of the State of Georgia and has worked very hard and asked me to 
support this bill.
  As Chairman Barton says, this is the number one piece of legislation 
for the national March of Dimes, and I would really hate to see this 
great bill go down sine die because of some additions to it, but 
hopefully, those will be accepted by the other side, and I support the 
bill. I encourage my colleagues to support it as well.
  Mr. PALLONE. Mr. Speaker, I yield myself such time as I may consume.
  Understand that we are very supportive of the PREEMIE Act and the 
underlying legislation. It is just these additional provisions that 
have been added. I was going to suggest that the majority simply take 
out those 10 pages or so at this time because without having the 
opportunity to further review it we cannot support the legislation at 
this point.
  Mr. UPTON. Mr. Speaker, I rise tonight in strong support of S. 707, 
the PREEMIE Act, which I hope still comes up for passage yet tonight. 
This bipartisan bill will improve prenatal care for women and boost 
research into why one in eight American babies is born early. I want to 
take this opportunity to thank Anna Eshoo, our original cosponsor, and 
her staff

[[Page H9250]]

for their support and assistance in moving the bill forward, and I also 
want to express my gratitude to my Chairman, Joe Barton and his staffer 
Randy Pate for making it possible to bring this bill to the floor 
today.
  As a nation, we must do what we can to ensure that our children are 
born healthy. In this age of technology and state-of-the-art medicine, 
it is difficult to comprehend that one in eight babies born in the 
United States is premature. It is essential that we are successful in 
reducing the spiraling rate of premature births--they have risen 30 
percent since 1981. The stakes are too high to fail--the health of our 
children hangs in the balance.
  Premature birth is a serious and growing problem--the statistics are 
alarming. In February 2004, the National Center for Health Statistics 
reported the first increase in the U.S. infant mortality rate since 
1958. Each day 1,305 babies are born too soon. Prematurity affects more 
than 480,000 babies in the United States each year. Tragically, 
premature infants are 14 times more likely to die in their first year 
of life.
  Further, premature babies who survive may suffer lifelong 
consequences, including cerebral palsy, mental retardation, chronic 
lung disease, and vision and hearing loss. Pre-term delivery can happen 
to any pregnant woman, and in nearly one-half of the cases, the cause 
is undeterminable. The costs are also staggering. The average lifetime 
medical costs for a premature baby are conservatively estimated at 
$500,000.
  Although we have made vast improvements in treating premature 
infants, we have had little success in understanding and preventing 
premature birth, and the knowledge that we have gained has not been 
translated into improved perinatal outcomes. This has got to change.
  The PREEMIE Act is designed to reduce the rates of pre-term labor and 
delivery, promote the use of evidence-based care for pregnant women at 
risk of pre-term labor and for infants born pre-term, and reduce infant 
mortality and disabilities caused by premature birth. This will be 
accomplished by expanding federal research related to pre-term labor 
and delivery and increasing public and provider education and support 
services.
  The legislation is strongly supported by the March of Dimes, the 
American Academy of Pediatrics, the American College of Obstetrics and 
Gynecology, and the Association of Women's Health, Obstetric and 
Neonatal Nurses.
  Mr. PALLONE. Mr. Speaker, I reserve my time.
  Mr. BARTON of Texas. Mr. Speaker, I have no other requests for time 
and urge passage, and I yield back the balance of my time.
  Mr. PALLONE. Mr. Speaker, again, I would urge opposition to the 
legislation, and I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Texas (Mr. Barton) that the House suspend the rules and 
pass the Senate bill, S. 707, as amended.
  The question was taken; and (two-thirds of those voting having not 
responded in the affirmative) the motion was rejected.

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