H5322
CONGRESSIONAL RECORD — HOUSE
There was no objection. The question is on the motion to recommit. The question was taken; and the Speaker announced that the noes appeared to have it. Mr. MARKEY. Mr. Speaker, on that I demand the yeas and nays. The yeas and nays were ordered. The SPEAKER. Pursuant to clause 9 of rule XX, the Chair will reduce to 5 minutes the minimum time for any electronic vote on the question of passage. The vote was taken by electronic device, and there were—yeas 198, nays 232, not voting 5, as follows:
[Roll No. 275] YEAS—198
Abercrombie Ackerman Allen Andrews Baird Baldacci Baldwin Barcia Barrett (WI) Becerra Bentsen Berkley Berman Berry Bishop Blagojevich Blumenauer Bonior Borski Boswell Boyd Brady (PA) Brown (FL) Brown (OH) Capps Capuano Cardin Carson Clay Clayton Clement Clyburn Condit Conyers Costello Coyne Crowley Cummings Danner Davis (FL) Davis (IL) DeFazio DeGette Delahunt DeLauro Deutsch Dicks Dingell Dixon Doggett Doyle Edwards Engel Eshoo Etheridge Evans Farr Fattah Filner Ford Frank (MA) Frost Gejdenson Gephardt Gonzalez Gordon Gutierrez Hall (OH) Hastings (FL) Hill (IN) Hilliard Hinchey Hinojosa Hoeffel Holden Holt Hooley Hoyer Inslee Jackson (IL) Jackson-Lee (TX) Jefferson John Johnson, E.B. Jones (OH) Kanjorski Kaptur Kennedy Kildee Kilpatrick Kind (WI) Kleczka Klink Kucinich LaFalce Lampson Lantos Larson Lee Levin Lewis (GA) Lofgren Lowey Luther Maloney (NY) Markey Martinez Mascara Matsui McCarthy (MO) McCarthy (NY) McDermott McGovern McIntyre McKinney McNulty Meehan Meek (FL) Meeks (NY) Menendez MillenderMcDonald Miller, George Minge Mink Moakley Moore Moran (VA) Murtha Nadler Napolitano Neal Oberstar Obey Olver Ortiz Owens Pallone Pascrell Pastor Payne Phelps Pomeroy Price (NC) Rahall Rangel Reyes Rivers Rodriguez Roemer Rogan Rothman Roybal-Allard Rush Sabo Sanchez Sanders Sandlin Sawyer Schakowsky Scott Serrano Sherman Shows Sisisky Skelton Slaughter Smith (WA) Snyder Spratt Stabenow Stark Stenholm Strickland Stupak Tanner Tauscher Taylor (MS) Thompson (CA) Thompson (MS) Thurman Tierney Towns Traficant Turner Udall (CO) Udall (NM) Velazquez Vento Visclosky Waters Watt (NC) Waxman Weiner Wexler Weygand Woolsey Wu Wynn Bilirakis Bliley Blunt Boehlert Boehner Bonilla Bono Boucher Brady (TX) Bryant Burr Burton Buyer Callahan Calvert Camp Campbell Canady Cannon Castle Chabot Chambliss Chenoweth Coble Coburn Collins Combest Cook Cooksey Cox Cramer Crane Cubin Cunningham Davis (VA) Deal DeLay DeMint Diaz-Balart Dickey Dooley Doolittle Dreier Duncan Dunn Ehlers Ehrlich Emerson English Everett Ewing Fletcher Foley Forbes Fowler Franks (NJ) Frelinghuysen Gallegly Ganske Gekas Gibbons Gilchrest Gillmor Gilman Goode Goodlatte Goodling Goss Graham Granger Green (WI) Greenwood Gutknecht Hall (TX) Hansen Hastert Hastings (WA) Hayes Hayworth Hefley Herger Hill (MT) Hilleary Hobson Hoekstra Horn Hostettler Houghton Hulshof Hunter Hutchinson Hyde Isakson Istook Jenkins Johnson (CT) Johnson, Sam Jones (NC) Kasich Kelly King (NY) Kingston Knollenberg Kolbe Kuykendall LaHood Largent Latham LaTourette Lazio Leach Lewis (CA) Lewis (KY) Linder LoBiondo Lucas (KY) Lucas (OK) Maloney (CT) Manzullo McCollum McCrery McHugh McInnis McIntosh McKeon Metcalf Mica Miller (FL) Miller, Gary Mollohan Moran (KS) Morella Myrick Nethercutt Ney Northup Norwood Nussle Ose Oxley Packard Paul Pease Peterson (MN) Peterson (PA) Petri
July 1, 1999
Pickering Pickett Pitts Pombo Porter Portman Pryce (OH) Quinn Radanovich Ramstad Regula Reynolds Riley Rogers Rohrabacher Ros-Lehtinen Roukema Royce Ryan (WI) Ryun (KS) Salmon Sanford Saxton Scarborough Schaffer Sensenbrenner Sessions Shadegg Shaw Shays Sherwood Shimkus Shuster Simpson Skeen Smith (MI) Smith (NJ) Smith (TX) Souder Spence Stearns Stump Sununu Sweeney Talent Tancredo Tauzin Taylor (NC) Terry Thomas Thornberry Thune Tiahrt Toomey Upton Vitter Walden Walsh Wamp Watkins Watts (OK) Weldon (FL) Weldon (PA) Weller Whitfield Wicker Wilson Wise Wolf Young (AK) Young (FL)
Now, what is the amendment before us? Basically, the amendment before us subtracts one feature of the bill and adds another. What it subtracts is the provision of the gentleman from Iowa (Mr. GANSKE) which imposes important new protections for health and medical privacy. I have never known a more misunderstood provision, so let me stress what the Ganske provision does. It imposes a broad prohibition on the disclosure by an insurance company or its affiliates of individually identifiable health, medical, and genetic information, unless the customer expressly consents to such disclosure. If Members strip this provision of H.R. 10 from the bill, they are leaving customers of financial companies without any medical privacy protections, thereby leading to precisely the kinds of privacy umbrages that the opponents of the language claim they want to prevent. In this regard, I would stress again that there is no intent in this bill to preempt executive branch actions or jeopardize any confidences associated with doctor-patient relationships, nor the privacy protections currently afforded any medical records. Indeed, the intent is to strengthen these protections. To the degree that more precision in this area is required, this gentleman is prepared to work in conference to ensure that that occurs. What is it that this amendment adds? It adds a restriction on the ability of financial institutions to share consumer information with affiliates that are all part of the same financial organization. Unfortunately, there is some question whether this proposed restriction on affiliate information-sharing might needlessly and dramatically increase costs for consumers and financial institutions, reduce consumer convenience, impair fraud detection and prevention, and deny consumers new cost-effective products. It is the intention of the various committees of jurisdiction, including the Committee on Banking and Financial Services, to hold hearings on this issue in the near future. This Member has an open mind. The concerns I raise are questions without definitive answers. Accordingly, at this time, I would urge caution, and only ask that Members recognize the historical nature of the extraordinary expansion of privacy protection contained in this bill. In conclusion, I urge an enthusiastic yes vote on final passage, again, final passage on the greatest privacy expansion in the history of American finance, and a preliminary no vote on the Markey motion to recommit until the consequences of his approach receive careful scrutiny in the hearings process. I thank all, friend and foe, for their courtesies. The SPEAKER. Without objection, the previous question is ordered on the motion to recommit.
NOT VOTING—5
Brown (CA) Fossella Green (TX) Lipinski Pelosi
2323 So the motion to recommit was rejected. The result of the vote was announced as above recorded. The SPEAKER. The question is on the passage of the bill. The question was taken; and the Speaker announced that the ayes appeared to have it.
RECORDED VOTE
NAYS—232
Aderholt Archer Armey Bachus Baker Ballenger Barr Barrett (NE) Bartlett Barton Bass Bateman Bereuter Biggert Bilbray
Mr. LEACH. Mr. Speaker, I demand a recorded vote. A recorded vote was ordered. The SPEAKER. This will be a 5minute vote.