H.Con.Res. 363House109th Congress (2005-2007)In Committee

Expressing the sense of Congress that the Secretary of Health and Human Services should promulgate as expeditiously as possible regulations required under the Public Health Service Act, relating to protections for residents of certain facilities with respect to the use of restraints and involuntary seclusion.

Introduced March 16, 2006

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HouseIntro Referral Latest Action

Referred to the House Committee on Energy and Commerce.

March 16, 2006

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HouseIntro Referral

Introduced in House

March 16, 2006

HouseIntro Referral

Referred to the House Committee on Energy and Commerce.

March 16, 2006

Floor Debate

10 members

What members said about H.Con.Res. 363 on the floor

2 Republicans8 Democrats
Eliot L. Engel
Rep. Eliot L. EngelD-NY-17 · Mar 28, 2006

Mr. Speaker, I thank my friend from American Samoa for recognizing me. I also want to call attention on our side of the aisle to my colleagues, Congresswoman Waters, Congresswoman Lee and my good…

Eni F. H. Faleomavaega
Rep. Eni F. H. FaleomavaegaD-AS · Mar 28, 2006

Mr. Speaker, I yield myself such time as I may consume. (Mr. FALEOMAVAEGA asked and was given permission to revise and extend his remarks.) Mr. Speaker, I want to express my commendation and…

Sheila Jackson Lee
Rep. Sheila Jackson LeeD-TX-18 · Mar 28, 2006

Mr. Speaker, for their collegiality, I thank them very much. I again thank the distinguished gentleman from American Samoa for his leadership, but as well the commitment that he brings to this…

Bill Delahunt
Rep. Bill DelahuntD-MA-10 · Mar 28, 2006

Mr. Speaker, I thank my friend from Florida for yielding, and I really welcome the enthusiasm and the optimism that have been expressed by the Congresswoman from California and the gentleman from…

Maxine Waters
Rep. Maxine WatersD-CA-35 · Mar 28, 2006

Mr. Speaker and Members, I thank the gentleman from American Samoa, and I would like to thank the Chair of the International Relations Committee, the distinguished gentleman from Illinois (Mr. Hyde),…

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Mark Foley
Rep. Mark FoleyR-FL-16 · Mar 28, 2006

Thank you, Ms. Ros-Lehtinen, Madam Chairman. And first let me thank Maxine Waters, my colleague from California, who not only accompanied me to Haiti, but traveled from California on a late-night red…

Barbara Lee
Rep. Barbara LeeD-CA-9 · Mar 28, 2006

Mr. Speaker, let me thank the gentleman for yielding and for his leadership in the cause of democracy, peace, and justice throughout the world. I rise today in strong support of H. Con. Resolution…

Ileana Ros-Lehtinen
Rep. Ileana Ros-LehtinenR-FL-18 · Mar 28, 2006

Mr. Speaker, I move to suspend the rules and agree to the concurrent resolution (H. Con. Res. 353) commending the people of the Republic of Haiti for holding democratic elections on February 7, 2006,…

Kendrick B. Meek
Rep. Kendrick B. MeekD-FL-17 · Mar 28, 2006

Mr. Speaker, I rise in favor of H. Con. Res. 353. I think it is important for this House to recognize the Republic of Haiti for recently holding successful, democratic elections, and to congratulate…

John Conyers, Jr.
Rep. John Conyers, Jr.D-MI-14 · Mar 28, 2006

Mr. Speaker, I rise today to heartily congratulate the people of Haiti on their recent election of President Preval on February 7, 2006. It was a great triumph for the country to hold ``free and…

Bill Text

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Introduced in HouseIssued March 16, 2006

IV

109th CONGRESS

2d Session

H. CON. RES. 363

IN THE HOUSE OF REPRESENTATIVES

March 16, 2006

Mr. Fossella (for himself and Ms. Eshoo) submitted the following concurrent resolution; which was referred to the Committee on Energy and Commerce

CONCURRENT RESOLUTION

Expressing the sense of Congress that the Secretary of Health and Human Services should promulgate as expeditiously as possible regulations required under the Public Health Service Act, relating to protections for residents of certain facilities with respect to the use of restraints and involuntary seclusion.

Whereas in 2000, Congress passed the Children’s Health Act of 2000 that amended the Public Health Service Act to provide improved and more comprehensive health services for children in the United States;

Whereas the Children’s Health Act of 2000 added part H to title V of the Public Health Service Act to provide protections for residents of health care facilities, including children, with respect to the use of restraints and involuntary seclusions;

Whereas section 593(a) of such part H requires the Secretary of Health and Human Services, not later than October 17, 2001, to promulgate regulations that require facilities to which the Protection and Advocacy for Mentally Ill Individuals Act of 1986 (42 U.S.C. 10801 et seq.) applies to meet requirements relating to the employment of an adequate number of staff, appropriate training in the use of restraints, and the provision of accurate notification of deaths of residents of such facilities while such a resident is restrained or in involuntary seclusion;

Whereas the Centers for Medicare & Medicaid Services began to develop such regulations, but more than four years have passed since the deadline for the promulgation of such regulations and the Secretary has not yet promulgated such regulations; and

Whereas during the four years since such deadline, several cases have been reported of children in medical and non-medical facilities who were severely injured or killed while (or shortly after) being restrained at such facilities: Now, therefore, be it

That it is the sense of Congress that the Secretary of Health and Human Services should promulgate as expeditiously as possible the regulations required under section 593(a) of the Public Health Service Act.