On October 1, 2009, House Energy and Commerce Committee Chair Henry Waxman (D-Calif.), Chairman-Emeritus John Dingell (D-Mich.), Ranking Member Joe Barton (R-Tex.) and Frank Pallone Jr. (D-N.J.), Chair of the Subcommittee on Health; and Charles Rangel (D-N.Y.), Chair of the House Ways and Means Committee and Pete Stark (D-Calif.), Chair of the Subcommittee on Health delivered a letter to the Secretary of the U.S. Department of Health and Human Services (HHS), urging the Secretary to repeal or revoke the so-called "risk of harm" standard found in the Interim Final Rule for HIPAA breach notifications published on August 24, 2009. In the letter, the members stated that a risk of harm standard was considered and rejected due to concerns over the breadth of discretion that would be given to breaching entities. These members of Congress feel that a "black and white" standard for breach is what the Health Information Technology for Economic and Clinical Health Act (HITECH Act) requires.