[Congressional Record Volume 142, Number 123 (Tuesday, September 10, 1996)]
[Senate]
[Pages S10201-S10204]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          AMENDMENTS SUBMITTED

                                 ______
                                 

            THE TREASURY DEPARTMENT APPROPRIATIONS ACT, 1997

                                 ______
                                 

                 WYDEN (AND KENNEDY) AMENDMENT NO. 5206

  Mr. WYDEN (for himself and Mr. Kennedy) proposed an amendment to the 
bill (H.R. 3756) making appropriations for the Treasury Department, the 
United States Postal Service, the Executive Office of the President, 
and certain Independent Agencies, for the fiscal year ending September 
30, 1997, and for other purposes; as follows:

       At the end of the Committee amendment insert the following 
     new title:

             TITLE   --PROTECTION OF PATIENT COMMUNICATIONS

     SEC.   01. SHORT TITLE; FINDINGS.

       (a) Short Title.--This title may be cited as the ``Patient 
     Communications Protection Act of 1996''.
       (b) Findings.--Congress finds the following:
       (1) Patients need access to all relevant information to 
     make appropriate decisions, with their physicians, about 
     their health care.
       (2) Restrictions on the ability of physicians to provide 
     full disclosure of all relevant information to patients 
     making health care decisions violate the principles of 
     informed consent and practitioner ethical standards.
       (3) The offering and operation of health plans affect 
     commerce among the States. Health care providers located in 
     one State serve patients who reside in other States as well 
     as that State. In order to provide for uniform treatment of 
     health care providers and patients among the States, it is 
     necessary to cover health plans operating in one State as 
     well as those operating among the several States.

     SEC.   02. PROHIBITION OF INTERFERENCE WITH CERTAIN MEDICAL 
                   COMMUNICATIONS.

       (a) In General.--
       (1) Prohibition of certain provisions.--Subject to 
     paragraph (2), an entity offering a health plan (as defined 
     in subsection (d)(2)) may not include any provision that 
     prohibits or restricts any medical communication (as defined 
     in subsection (b)) as part of--
       (A) a written contract or agreement with a health care 
     provider.
       (B) a written statement to such a provider or
       (C) an oral communication to such a provider.
       (2) Construction.--Nothing in this section shall be 
     construed as preventing an entity from exercising mutually 
     agreed upon terms and conditions not inconsistent with 
     paragraph (1), including terms or conditions requiring a 
     physician to participate in, and cooperate with, all 
     programs, policies, and procedures developed or operated by 
     the person, corporation, partnership, association, or other 
     organization to ensure, review, or improve the quality of 
     health care.
       (3) Nullification.--Any provision described in paragraph 
     (1) is null and void.
       (b) Medical Communication Defined.--In this section, the 
     term ``medical communication'' means a communication made by 
     a health care provider with a patient of the provider (or the 
     guardian or legal representative of such patient) with 
     respect to the patient's physical or mental condition or 
     treatment options.
       (c) Enforcement Through Imposition of Civil Money 
     Penalty.--
       (1) In general.--Any entity that violates paragraph (1) of 
     subsection (a) shall be subject to a civil money penalty of 
     up to $25,000 for each violation. No such penalty shall be 
     imposed solely on the basis of an oral communication unless 
     the communication is part of a pattern or practice of such 
     communications and the violation is demonstrated by a 
     preponderance of the evidence.
       (2) Procedures.--The provisions of subsection (c) through 
     (1) of section 1129A of the Social Security Act (42 U.S.C. 
     1320a-(a) shall apply to civil money penalties under 
     paragraph (1) in the same manner as they apply to a penalty 
     or proceeding under section 1128(a) of such Act.
       (d) Definitions.--For purposes of this section.
       (1) Health care provider.--The term ``health care 
     provider'' means anyone licensed or certified under State law 
     to provide health care services.
       (2) Health plan.--The term ``health plan'' means any public 
     or private health plan or arrangement (including an employee 
     welfare benefit plan) which provides, or pays the cost of, 
     health benefits, and includes an organization of health care 
     providers that furnishes health services under a contract or 
     agreement with such a plan.
       (3) Coverage of third party administrators.--In the case of 
     a health plan that is an employee welfare benefit plan (as 
     defined in section 3(1) of the Employee Retirement Income 
     Security Act of 1974), any third party administrator or other 
     person with responsibility for contracts with health care 
     providers under the plan shall be considered, for purposes of 
     this section, to be an entity offering such health plan.
       (e) Non-Preemption of State Law.--A State may establish or 
     enforce requirements

[[Page S10202]]

     with respect to the subject matter of this section, but only 
     if such requirements are consistent with this title and are 
     more protective of medical communications than the 
     requirements established under this section.
       (f) Effective Date.--Subsection (a) shall take effect 180 
     days after the date of the enactment of this Act and shall 
     apply to medical communications made on or after such date.
                                 ______
                                 

               FEINSTEIN (AND OTHERS) AMENDMENT NO. 5207

  (Ordered to lie on the table.)
  Mrs. FEINSTEIN (for herself, Mr. Wyden, Mr. Glenn, Mr. Kerry, Mr. 
Simon, Mr. Kennedy, Mrs. Boxer, and Mr. Reid) submitted an amendment 
intended to be proposed by them to the bill, H.R. 3756, supra; as 
follows:

       At the appropriate place insert the following: ``Section 
     245(b) of title 18, United States Code, is amended (1) in 
     paragraph (2) in the matter before subparagraph (A), by 
     inserting `, sexual orientation,' after `religion'; and (2) 
     in paragraph (4)(A), by inserting `, sexual orientation,' 
     after `religion'.''
                                 ______
                                 

                THOMPSON (AND OTHERS) AMENDMENT NO. 5208

  Mr. HELMS (for Mr. Thompson, for himself, Mr. Helms, Mr. Thurmond, 
Mrs. Hutchison, Mr. Wellstone, and Mr. Grassley) proposed an amendment 
to the bill, H.R. 3756, supra; as follows:

       At the end of the Committee amendment insert the following: 
     ``No adjustment under section 5303 of title 5, United States 
     Code, for Members of Congress and members of the President's 
     Cabinet shall be considered to have taken effect in fiscal 
     year 1997.''
                                 ______
                                 

                    SHELBY AMENDMENTS NOS. 5209-5222

  Mr. SHELBY proposed 14 amendments to the bill, H.R. 3756, supra; as 
follows:

                           Amendment No. 5209

       On page 131, line 13, strike ``and''.
       On page 131, line 18, strike ``.'', and insert ``, and''.
                                                                    ____


                           Amendment No. 5210

       On page 42, strike all from line 9 through line 15.
                                                                    ____


                           Amendment No. 5211

       On page 4, line 4, line type ``$29,319,000''.
                                                                    ____


                           Amendment No. 5212

       On page 118, line 16 strike all through page 120, line 15.
                                                                    ____


                           Amendment No. 5213

       On page 135, strike line 5 through line 20.
                                                                    ____


                           Amendment No. 5214

       On page 34, after line 23 insert the following:


      payment to the postal service fund for nonfunded liabilities

       For payment to the Postal Service Fund for meeting the 
     liabilities of the former Post Office Department to the 
     Employees' Compensation Fund pursuant to 39 U.S.C. 2004, 
     $35,536,000.
                                                                    ____


                           Amendment No. 5215

       On page 22, line 21 strike all from ``(modernized'' through 
     ``systems'' on line 23, and insert: ``(development and 
     deployment) and operational information systems''.
       On page 23, line 14 strike all from ``to manage,'' through 
     ``Management Office'' on line 17.
       On page 23, line 18 strike ``and other necessary Program 
     Management activities'' and insert: ``the Internal Revenue 
     Service shall seek contractual support in managing, 
     integrating, testing and implementing''.
       On page 23, line 22 strike all from ``none of'' through 
     ``program without'' on page 24, line 3.
       On page 24, line 5 strike ``which''.
       On page 24, line 8 strike all from ``except that'' through 
     ``Board'' on line 11.
       On page 24, line 18 strike all from ``: Provided further,'' 
     through ``modernization'' on line 20.
                                                                    ____


                           Amendment No. 5216

       On page 128, line 9 before the semicolon insert the 
     following: ``, or under section 4823 of title 22, United 
     States Code.''
                                                                    ____


                           Amendment No. 5217

       On page 101, on line 3, insert after ``boards'' the 
     following: ``(except Federal Executive Boards)''.
                                                                    ____


                           Amendment No. 5218

       On page 69, after line 20, add the following new section:
       Sec. 422. Subparagraph (B) of section 8348(a)(1) of title 
     5, United States Code, is amended by striking ``title;'' and 
     inserting ``title and providing other post-adjudicative 
     services to annuitants;''.
                                                                    ____


                           Amendment No. 5219

       On page 57, line 21 before the colon insert the following 
     new provision: ``: Provided further, That to the extent that 
     the Federal Communications Commission does not receive 
     sufficient appropriations for necessary expenses associated 
     with its relocation to the Portals in Washington, DC, funds 
     available to the Administrator of General Services shall 
     hereafter be available for payments to the lessor of the 
     amortized amount, to be financed at the lowest cost to the 
     Government, of such expenses. Such payments shall be in 
     addition to amounts authorized pursuant to section 7(a) of 
     the Public Buildings Act of 1959 (40 U.S.C. 606) and shall be 
     made for a term not to exceed the useful life of the 
     improvements, furniture, equipment, and services provided, up 
     to a maximum of ten years.''.
                                                                    ____


                           Amendment No. 5220

       On page 51, line 10 strike all from ``Provided further,'' 
     through ``House and Senate.'' on line 16.
                                                                    ____


                           Amendment No. 5221

       On page 61, line 5 strike all from ``: Provided,'' through 
     ``or expanded'' on line 8.
                                                                    ____


                           Amendment No. 5222

       On page 69, after line 20 add the following new section:
       Sec.   . Paragraph (1) of section 8906(e) of title 5, 
     United States Code, is amended--
       (1) by striking the last sentence of that paragraph and 
     redesignating the remainder of that paragraph as (1)(A);
       (2) by adding at the end of paragraph (1)(A) (as so 
     designated) the following:
       ``(B) During each pay period in which an enrollment 
     continues under subparagraph (A)--
       ``(i) employee and Government contributions required by 
     this section shall be paid on a current basis; and
       ``(ii) if necessary, the head of the employing Agency shall 
     approve advance payment, recoverable in the same manner as 
     under section 5524a(c), of a portion of basic pay sufficient 
     to pay current employee contributions.
       ``(C) Each agency shall establish procedures for accepting 
     direct payments of employee contributions for the purposes of 
     this paragraph.''.
                                 ______
                                 

                 DORGAN (AND OTHERS) AMENDMENT NO. 5223

  Mr. DORGAN (for himself, Mr. Bumpers, Mr. Hollings, Mr. Kerry, Mr. 
Simon, Mr. Kohl, Mr. Reid, Mr. Wellstone, Mr. Leahy, Mr. Harkin, Mr. 
Feingold, and Mr. Kennedy) proposed an amendment to the bill, H.R. 
3756, supra; as follows:

       At the appropriate place in the bill, insert the following:

     SEC. ____. TAXATION OF INCOME OF CONTROLLED FOREIGN 
                   CORPORATIONS ATTRIBUTABLE TO IMPORTED PROPERTY.

       (a) General Rule.--Subsection (a) of section 954 of the 
     Internal Revenue Code of 1986 (defining foreign base company 
     income) is amended by striking ``and'' at the end of 
     paragraph (4), by striking the period at the end of paragraph 
     (5) and inserting ``, and'', and by adding at the end the 
     following new paragraph:
       ``(6) imported property income for the taxable year 
     (determined under subsection (h) and reduced as provided in 
     subsection (b)(5)).''
       (b) Definition of Imported Property Income.--Section 954 of 
     such Code is amended by adding at the end the following new 
     subsection:
       ``(h) Imported Property Income.--
       ``(1) In general.--For purposes of subsection (a)(6), the 
     term `imported property income' means income (whether in the 
     form of profits, commissions, fees, or otherwise) derived in 
     connection with--
       ``(A) manufacturing, producing, growing, or extracting 
     imported property,
       ``(B) the sale, exchange, or other disposition of imported 
     property, or
       ``(C) the lease, rental, or licensing of imported property.
     Such term shall not include any foreign oil and gas 
     extraction income (within the meaning of section 907(c)) or 
     any foreign oil related income (within the meaning of section 
     907(c)).
       ``(2) Imported property.--For purposes of this subsection--
       ``(A) In general.--Except as otherwise provided in this 
     paragraph, the term `imported property' means property which 
     is imported into the United States by the controlled foreign 
     corporation or a related person.
       ``(B) Imported property includes certain property imported 
     by unrelated persons.--The term `imported property' includes 
     any property imported into the United States by an unrelated 
     person if, when such property was sold to the unrelated 
     person by the controlled foreign corporation (or a related 
     person), it was reasonable to expect that--
       ``(i) such property would be imported into the United 
     States, or
       ``(ii) such property would be used as a component in other 
     property which would be imported into the United States.
       ``(C) Exception for property subsequently exported.--The 
     term `imported property' does not include any property which 
     is imported into the United States and which--

[[Page S10203]]

       ``(i) before substantial use in the United States, is sold, 
     leased, or rented by the controlled foreign corporation or a 
     related person for direct use, consumption, or disposition 
     outside the United States, or
       ``(ii) is used by the controlled foreign corporation or a 
     related person as a component in other property which is so 
     sold, leased, or rented.
       ``(3) Definitions and special rules.--
       ``(A) Import.--For purposes of this subsection, the term 
     `import' means entering, or withdrawal from warehouse, for 
     consumption or use. Such term includes any grant of the right 
     to use an intangible (as defined in section 936(b)(3)(B)) in 
     the United States.
       ``(B) Unrelated person.--For purposes of this subsection, 
     the term `unrelated person' means any person who is not a 
     related person with respect to the controlled foreign 
     corporation.
       ``(C) Coordination with foreign base company sales 
     income.--For purposes of this section, the term `foreign base 
     company sales income' shall not include any imported property 
     income.''
       (c) Separate Application of Limitations on Foreign Tax 
     Credit for Imported Property Income.--
       (1) In general.--Paragraph (1) of section 904(d) of such 
     Code (relating to separate application of section with 
     respect to certain categories of income) is amended by 
     striking ``and'' at the end of subparagraph (H), by 
     redesignating subparagraph (I) as subparagraph (J), and by 
     inserting after subparagraph (H) the following new 
     subparagraph:
       ``(I) imported property income, and''.
       (2) Imported property income defined.--Paragraph (2) of 
     section 904(d) of such Code is amended by redesignating 
     subparagraphs (H) and (I) as subparagraphs (I) and (J), 
     respectively, and by inserting after subparagraph (G) the 
     following new subparagraph:
       ``(H) Imported property income.--The term `imported 
     property income' means any income received or accrued by any 
     person which is of a kind which would be imported property 
     income (as defined in section 954(h)).''
       (3) Look-thru rules to apply.--Subparagraph (F) of section 
     904(d)(3) of such Code is amended by striking ``or (E)'' and 
     inserting ``(E), or (I)''.
       (d) Technical Amendments.--
       (1) Clause (iii) of section 952(c)(1)(B) of such Code 
     (relating to certain prior year deficits may be taken into 
     account) is amended by inserting the following subclause 
     after subclause (II) (and by redesignating the following 
     subclauses accordingly):
       ``(III) imported property income,''.
       (2) Paragraph (5) of section 954(b) of such Code (relating 
     to deductions to be taken into account) is amended by 
     striking ``and the foreign base company oil related income'' 
     and inserting ``the foreign base company oil related income, 
     and the imported property income''.
       (e) Effective Date.--
       (1) In general.--Except as provided in paragraph (2), the 
     amendments made by this section shall apply to taxable years 
     of foreign corporations beginning after December 31, 1996, 
     and to taxable years of United States shareholders within 
     which or with which such taxable years of such foreign 
     corporations end.
       (2) Subsection (c).--The amendments made by subsection (c) 
     shall apply to taxable years beginning after December 31, 
     1996.
                                 ______
                                 

                       THOMAS AMENDMENT NO. 5224

  (Ordered to lie on the table.)
  Mr. THOMAS submitted an amendment intended to be proposed by him to 
the bill, H.R. 3756, supra; as follows:

       At the end of title VI add the following:
       Sec. 646. (a) Except as provided in subsection (b), none of 
     the funds appropriated by this or any other Act may be used 
     by the Office of Management and Budget, or any other agency, 
     to publish, promulgate, or enforce any policy, regulation, or 
     circular, or any rule or authority in any other form, that 
     would permit any Federal agency to provide a commercially 
     available property or service to any other department or 
     agency of government unless the policy, regulation, circular, 
     or other rule or authority meets the requirements prescribed 
     under subsection (b).
       (b)(1) Not later than 120 days after the date of the 
     enactment of this Act, the Director of the Office of 
     Management and Budget shall prescribe regulations applicable 
     to any policy regulation, circular, or other rule or 
     authority referred to in subsection (a).
       (2) The requirements prescribed under paragraph (1) shall 
     include the following:
       (A) A requirement for a comparison between the cost of 
     providing the property or service concerned through the 
     agency concerned and the cost of providing such property or 
     service through the private sector.
       (B) A requirement for cost and performance benchmarks 
     relating to the property or service provided relative to 
     comparable services provided by other government agencies and 
     contractors in order to permit effective oversight of the 
     cost and provision of such property or service by the agency 
     concerned or the Office of Management and Budget.
                                 ______
                                 

                       SHELBY AMENDMENT NO. 5225

  Mr. SHELBY proposed an amendment to the bill, H.R. 3756, supra; as 
follows:

       On page 135, after line 4, insert the following new 
     section:
       Sec.   . Subsection (b) of section 404 of Public Law 103-
     356 is amended by deleting ``September 30, 1997'' and 
     inserting ``December 31, 1999''.
                                 ______
                                 

                       STEVENS AMENDMENT NO. 5226

  Mr. SHELBY (for Mr. Stevens) proposed an amendment to the bill, H.R. 
3756, supra; as follows:

       On page 134, line 7 strike all through page 135, line 4, 
     and insert the following:

     SEC. 645. REGULATORY ACCOUNTING.

       (a) In General.--No later than September 30, 1997, the 
     Director of the Office of Management and Budget shall submit 
     to the Congress a report that provides--
       (1) estimates of the total annual costs and benefits of 
     Federal regulatory programs, including quantitative and 
     nonquantitative measures of regulatory costs and benefits;
       (2) estimates of the costs and benefits (including 
     quantitative and nonquantitative measures) of each rule that 
     is likely to have a gross annual effect on the economy of 
     $100,000,000 or more in increased costs;
       (3) an assessment of the direct and indirect impacts of 
     Federal rules on the private sector, State and local 
     government, and the Federal Government; and
       (4) recommendations from the Director and a description of 
     significant public comments to reform or eliminate any 
     Federal regulatory program or program element that is 
     inefficient, ineffective, or is not a sound use of the 
     Nation's resources.
       (b) Notice.--The Director shall provide public notice and 
     an opportunity to comment on the report under subsection (a) 
     before the report is issued in final form.
                                 ______
                                 

                      MIKULSKI AMENDMENT NO. 5227

  Mr. SHELBY (for Ms. Mikulski) proposed an amendment to the bill, H.R. 
3756, supra; as follows:

       On page 93, after line 19 insert the following new section:

     SEC.   . FACILITY FOR THE UNITED STATES GOVERNMENT.

       (a) Closing of Alley.--The alley bisecting the property on 
     which a facility is being constructed for use by the United 
     States Government at 930 H Street, N.W., Washington, District 
     of Columbia, is closed to the public, without regard to any 
     contingencies.
       (b) Jurisdiction.--The Administration of General Services 
     shall have administrative jurisdiction over, and shall hold 
     title on behalf of the United States in, the alley, property, 
     and facility referred to in subsection (a).
                                 ______
                                 

                  MACK (AND GRAHAM) AMENDMENT NO. 5228

  Mr. SHELBY (for Mr. Mack, for himself and Mr. Graham) proposed an 
amendment to the bill, H.R. 3756, supra; as follows:

       At the appropriate place in the bill, insert the following:
       Sec.   . (a) Notwithstanding any other provision of law, 
     the Secretary may, on behalf of the United States, transfer 
     to the University of Miami, without charge, title to the real 
     property and improvements that as of the date of the 
     enactment of this Act constitute the Federal facility known 
     as the Perrine Primate Center, subject to the condition that, 
     during the 10-year period beginning on the date of the 
     transfer--
       (1) the University will provide for the continued use of 
     the real property and improvements as an animal research 
     facility, including primates, and such use will be the 
     exclusive use of the property (with such incidental 
     exceptions as the Secretary may approve); or
       (2) the real property and improvements will be used for 
     research-related purposes other than the purpose specified in 
     paragraph (1) (or for both of such purposes), if the 
     Secretary and the University enter into an agreement 
     accordingly.
       (b) The conveyance under subsection (a) shall not become 
     effective unless the conveyance specifies that, if the 
     University of Miami engages in a material breach of the 
     conditions specified in such subsection, title to the real 
     property and improvements involved reverts to the United 
     States at the election of the Secretary.
       (c) The real property referred to in subsections (a) and 
     (b) is located in the county of Dade in the State of Florida, 
     and is a parcel consisting of the northernmost 30 acre-parcel 
     of the area. The exact acreage and legal description used for 
     purposes of the transfer under subsection (a) shall be in 
     accordance with a survey that is satisfactory to the 
     Secretary.
       (d) For the purposes of this section--
       (1) the term ``Secretary'' means the Secretary of Health 
     and Human Services; and
       (2) the term ``University of Miami'' means the University 
     of Miami located in the State of Florida.
                                 ______
                                 

                       D'AMATO AMENDMENT NO. 5229

  Mr. SHELBY (for Mr. D'Amato) proposed an amendment to the bill, H.R. 
3756, supra; as follows:

       At the appropriate place in the bill, insert the following 
     new section:

     SEC.   . CRIMINAL SANCTIONS FOR FICTITIOUS FINANCIAL 
                   INSTRUMENTS AND COUNTERFEITING.

       (a) Increased Penalties for Counterfeiting Violations.--
     Sections 474 and 474A of

[[Page S10204]]

     title 18, United States Code, are amended by striking ``class 
     C felony'' each place that term appears and inserting ``class 
     B felony''.
       (b) Criminal Penalty for Production, Sale, Transportation, 
     Possession of Fictitious Financial Instruments Purporting To 
     Be Those of the States, of Political Subdivisions, and of 
     Private Organizations.--
       (1) In general.--Chapter 25 of title 18, United States 
     Code, is amended by inserting after section 513, the 
     following new section:

     ``Sec. 514. Fictitious obligations

       ``(a) Whoever, with the intent to defraud--
       ``(1) draws, prints, processes, produces, publishes, or 
     otherwise makes, or attempts or causes the same, within the 
     United States;
       ``(2) passes, utters, presents, offers, brokers, issues, 
     sells, or attempts or causes the same, or with like intent 
     possesses, within the United States; or
       ``(3) utilizes interstate or foreign commerce, including 
     the use of the mails or wire, radio, or other electronic 
     communication, to transmit, transport, ship, move, transfer, 
     or attempts or causes the same, to, from, or through the 
     United States,

     any false or fictitious instrument, document, or other item 
     appearing, representing, purporting, or contriving through 
     scheme or artifice, to be an actual security or other 
     financial instrument issued under the authority of the United 
     States, a foreign government, a State or other political 
     subdivision of the United States, or an organization, shall 
     be guilty of a class B felony.
       ``(b) For purposes of this section, any term used in this 
     subdivision that is defined in section 513(c) has the same 
     meaning given such term in section 513(c).
       ``(c) The United States Secret Service, in addition to any 
     other agency having such authority, shall have authority to 
     investigate offenses under this section.''.
       (2) Technical amendment.--The analysis for chapter 25 of 
     title 18, United States Code, is amended by inserting after 
     the item relating to section 513 the following:

``514. Fictitious obligations.''.

       (c) Period of Effect.--This section and the amendments made 
     by this section shall become effective on the date of 
     enactment of this Act and shall remain in effect during each 
     fiscal year following that date of enactment.
                                 ______
                                 

                        GREGG AMENDMENT NO. 5230

  Mr. SHELBY (for Mr. Gregg) proposed an amendment to the bill, H.R. 
3756, supra; as follows:

       On page 135, after line 4, add the following new section:
       Sec.   . None of the funds appropriated by this Act may be 
     used by an agency to provide a Federal employee's home 
     address except when it is made known to the Federal official 
     having authority to obligate or expend such funds that the 
     employee has authorized such disclosure or that such 
     disclosure has been ordered by a court of competent 
     jurisdiction.
                                 ______
                                 

                        KOHL AMENDMENT NO. 5231

  Mr. SHELBY (for Mr. Kohl) proposed an amendment to the bill, H.R. 
3756, supra; as follows:

       At the appropriate place in the bill, insert the following 
     new section:

     SEC.  . SENSE OF CONGRESS REGARDING TELEPHONE ASSISTANCE 
                   PROVIDED BY INTERNAL REVENUE SERVICE.

       It is the sense of the Congress that the Internal Revenue 
     Service should, in implementing any reorganization plan or 
     otherwise, make all efforts to increase the level of service 
     provided to taxpayers through its telephone assistance 
     program. It is further the sense of the Congress that the 
     Internal Revenue Service should establish performance goals, 
     operating standards, and management practices which ensure 
     such an increase in customer service.
                                 ______
                                 

                 KERREY (AND CHAFEE) AMENDMENT NO. 5232

  Mr. SHELBY (for Mr. Kerrey, for himself and Mr. Chafee) proposed an 
amendment to the bill, H.R. 3756, supra; as follows:

       On page 26, after line 9, add the following new section:
       The Internal Revenue Service is prohibited from expending 
     funds for the field office reorganization plan until the 
     National Commission on Restructuring the Internal Revenue 
     Service has had an opportunity to issue their final report.
                                 ______
                                 

                 HELMS (AND INHOFE) AMENDMENT NO. 5233

  (Ordered to lie on the table.)
  Mr. HELMS (for himself and Mr. Inhofe) submitted an amendment 
intended to be proposed by them to the bill, H.R. 3756, supra; as 
follows:

       At the end of the bill add the following:

                 TITLE --ADDITIONAL GENERAL PROVISIONS

       Sec.  . None of the funds appropriated by this Act shall be 
     available to pay any amount to, or to pay the administrative 
     expenses in connection with, any health plan under the 
     Federal employees health benefits program, when the Federal 
     official having authority to obligate or expend such funds 
     determines that such health plan operates a health care 
     provider incentive plan that does not meet the requirements 
     of section 1876(i)(8)(A) of the Social Security Act (42 
     U.S.C. 1395mm(i)(8)(A)) for physician incentive plans in 
     contracts with eligible organizations under section 1876 of 
     such Act.

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