[Congressional Record Volume 141, Number 194 (Thursday, December 7, 1995)]
[Senate]
[Pages S18245-S18246]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          AMENDMENTS SUBMITTED

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               THE PARTIAL-BIRTH ABORTION BAN ACT OF 1995

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                        BROWN AMENDMENT NO. 3087

  (Ordered to lie on the table.)
  Mr. BROWN submitted an amendment intended to be proposed by him to 
the bill (H.R. 1833) to amend title 18, United States Code, to ban 
partial-birth abortions:

       At the appropriate place, insert the following:
       The Senate finds that:
       The partial government shutdown of November 14, 1995 
     through November 20, 1995 caused great anxiety amongst over 
     800,000 federal workers, and;
       The partial government shutdown of November 14, 1995 
     through November 20, 1995 added hundreds of millions of 
     dollars to the federal deficit and cost the federal 
     government hundreds of millions of dollars in lost 
     productivity, and;
       The partial government shutdown of November 14, 1995 
     through November 20, 1995 cost thousands of businesses and 
     our federal government millions of dollars in lost revenues 
     from the closure of federal agencies and federal parks and 
     monuments, and;
       The partial government shutdown of November 14, 1995 
     through November 20, 1995 caused significant financial 
     concern to literally hundreds of thousand families because of 
     the uncertainty of whether they would be able to pay 
     mortgages, rent and meet monthly family expenses, and;
       With the Holiday season approaching and the Congress and 
     Administration still engaged in an effort to reach a budget 
     agreement while the Congress attempts to complete the 
     remaining appropriations bills before the expiration of the 
     current Continuing Resolution on December 15, 1995 it is 
     important that all federal workers be given assurance that 
     their dedicated service to their country is both valued and 
     respected and that they will not suffer needless uncertainty 
     and hardship, because the Congress and Administration are 
     unable to complete their work by the expiration of the 
     current Continuing Resolution.
       It is the sense of the Senate that: If the Congress and the 
     Administration are unable to reach an agreement on an overall 
     budget reconciliation bill and, if the Congress is unable to 
     complete the remaining appropriations bill by the expiration 
     of the current Continuing Resolution on December 15, 1995, 
     that;
       A new Continuing Resolution, identical to the Continuing 
     Resolution now in effect except for the expiration date, 
     should be adopted effective upon the expiration of the 
     current Continuing Resolution on December 15, 1995 to ensure 
     that government services continue, that employment of federal 
     workers not be needlessly interrupted again, and that federal 
     workers receive their normal compensation without delay.
                                 ______


                  DeWINE (AND DODD) AMENDMENT NO. 3088

  Mr. SMITH (for Mr. DeWine, for himself and Mr. Dodd) proposed an 
amendment to amendment No. 3082 proposed by Mr. Pryor to the bill, H.R. 
1833, supra, as follows:

       Beginning on page 1, line 3, strike ``APPROVAL'' and all 
     that follows through line 22 on page 3 and insert the 
     following: ``SENSE OF THE SENATE.
       ``It is the sense of the Senate that the Senate, should, 
     through the Committee on the Judiciary, conduct hearings to 
     investigate the effect of the new patent provisions of title 
     35, United States Code, (as amended by subtitle C of title V 
     of the Uruguay Round Agreements Act (Public Law 103-465; 108 
     Stat. 4982)) on the approval of generic drugs under section 
     505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
     355).''.
                                 ______


                      BINGAMAN AMENDMENT NO. 3089

  (Order to lie on the table.)
  Mr. BINGAMAN submitted an amendment intended to be proposed by him to 
the bill, H.R. 1833, supra, as follows:

       At the appropriate place, insert the following new section:

     SEC.   . SENSE OF THE SENATE.

       (a) Findings.--Congress finds that--
       (1) the partial government shutdown of November 14, 1995 
     through November 20, 1995 interrupted government services to 
     many Americans;
       (2) the partial government shutdown of November 14, 1995 
     through November 20, 1995, added hundreds of millions of 
     dollars to the Federal deficit and cost the Federal 
     Government hundreds of millions of dollars in lost 
     productivity;
       (3) the partial government shutdown of November 14, 1995 
     through November 20, 1995, cost thousands of businesses and 
     the Federal Government millions of dollars in lost revenues 
     from the closure of Federal agencies and Federal parks and 
     monuments:
       (4) the partial government shutdown of November 14, 1995 
     through November 20, 1995, caused significant financial 
     concern to literally hundreds of thousands of families 
     because of the uncertainty of whether they would be able to 
     pay mortgages, rent and meet monthly family expenses; and
       (5) with the holiday season approaching and Congress and 
     the Administration still engaged in an effort to reach a 
     budget agreement while the Congress attempts to complete work 
     on the remaining appropriations bills before the expiration 
     of the continuing resolution (House Joint Resolution 123) on 
     December 15, 1995, it is important that all Federal workers 
     be given assurance that their dedicated service to the United 
     States is both valued and respected and that those workers 
     will not suffer needless uncertainty and hardship because 
     Congress and the Administration are unable to complete their 
     work prior to the expiration of such resolution.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that if Congress and the Administration are unable to reach 
     an agreement on an overall budget reconciliation bill and if 
     Congress is unable to complete work on the remaining 
     appropriations bills by December 15, 1995, the data on which 
     the continuing resolution (House Joint Resolution 123) 
     expires, a new continuing resolution, identical to House 
     Joint Resolution 123 except for the expiration date, should 
     be adopted effective on December 16, 1995, to ensure that 
     Federal Government services continue, that employment of 
     Federal workers not be again needlessly interrupted, and that 
     Federal workers receive their normal compensation without 
     delay.
                                 ______


                        BROWN AMENDMENT NO. 3090

  Mr. BROWN proposed an amendment to the bill, H.R. 1833, supra, as 
follows:

       On page 2, line 6, strike ``Whoever'' and insert ``Any 
     physician who''.
       On page 2, line 10 strike ``As'' and insert ``(1) As''.
       On page 2, between lines 13 and 14, insert the following:
       ``(2) As used in this section, the term `physician' means a 
     doctor of medicine or osteopathy legally authorized to 
     practice medicine and surgery by the State in which the 
     doctor performs such activity, or any other individual 
     legally authorized by the State to perform abortions. 
     Provided, however, that any individual who is not a physician 
     or not otherwise legally authorized by the State to perform 
     abortions, but who nevertheless directly performs a partial-
     birth abortion, shall be subject to the provisions of this 
     section.
                                 ______


                        SMITH AMENDMENT NO. 3091

  Mr. SMITH proposed an amendment to the bill, H.R. 1833, supra, as 
follows:


[[Page S 18246]]

       On page 3, strike lines 8 through and including 16.
                                 ______


               FEINSTEIN (AND OTHERS) AMENDMENT NO. 3092

  Mrs. FEINSTEIN (for herself, Mr. Simpson, Mrs. Boxer, Mr. Simon, Ms. 
Moseley-Braun, and Mr. Bryan) proposed an amendment to the bill, H.R. 
1833, supra, as follows:

       Strike out all after the enacting clause and insert in lieu 
     thereof the following:

     SECTION 1. SENSE OF THE SENATE.

       (a) Findings.--The Senate finds that--
       (1) the United States has the most advanced medical 
     training programs in the world;
       (2) medical decisions should be made by trained medical 
     personnel in consultation with their patients based on the 
     best medical science available;
       (3) it is the role of professional medical societies to 
     develop medical practice guidelines and it is the role of 
     medical education centers to provide instruction on medical 
     procedures;
       (4) the Federal Government should not supersede the medical 
     judgment of trained medical professionals or limit the 
     judgment of medical professionals in determining medically 
     appropriate procedures;
       (5) the Federal criminal code is an inappropriate and 
     dangerous means by which to regulate specific and highly 
     technical medical procedures; and
       (6) the laws of 41 States currently restrict post-viability 
     abortions.
       (b) Sense of Senate.--It is the sense of the Senate that 
     Congress should not criminalize a specific medical procedure.

     SEC. 2. RULE OF CONSTRUCTION.

       Nothing in Federal law shall be construed to prohibit the 
     States, local governments, local health departments, medical 
     societies, or hospital ethical boards from regulating, 
     restricting, or prohibiting post-viability abortions to the 
     extent permitted by the Constitution of the United States.

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