[Congressional Record Volume 143, Number 108 (Monday, July 28, 1997)]
[House]
[Pages H5917-H5919]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                               AMENDMENTS

  Under clause 6 of rule XXIII, proposed amendments were submitted as 
follows:

                               H.R. 2159

                        Offered By: Mr. Campbell

       Amendment No. 63: Page 13, line 4, after ``$2,400,000,000'' 
     insert ``(reduced by $50,000,000)''.
       Page 25, line 4, after ``$650,000,000'' insert ``(increased 
     by $50,000,000)''.

                               H.R. 2159

                          Offered By: Mr. Fox

       Amendment No. 64: Page 1, strike line 1 and all that 
     follows and insert the following:
       Sec. 572. None of the funds made available under the 
     heading ``development assistance'' may be used to directly 
     support or promote trophy hunting or the international 
     commercial trade in elephant ivory, elephant hides, or 
     rhinoceros horns.

                               H.R. 2159

                          Offered By: Mr. Fox

       Amendment No. 65: Page 1, beginning on line 10, strike ``to 
     directly finance'' and all that follows through ``Species 
     Act'' on line 14 and insert the following: ``to directly 
     support or promote trophy hunting or the international 
     commercial trade in elephant ivory, elephant hides, or 
     rhinoceros horns''.

                               H.R. 2159

                          Offered By: Mr. Fox

       Amendment No. 66: Page 30, line 23, insert after ``Act'' 
     the following:

     : Provided further, That, of the funds appropriated by this 
     paragraph, $51,100,000 shall be available for the program 
     established under section 203(a) of Public Law 103-447
       Page 81, line 12, insert after ``maturities'' the 
     following:

     : Provided further, That, of the funds appropriated by this 
     paragraph for the cost of direct loans, $20,000,000 shall be 
     available for the program established under section 203(a) of 
     Public Law 103-447

                               H.R. 2159

                         Offered By: Mr. Gilman

       Amendment No. 67: In the matter proposed to be inserted by 
     the amendment as a new subsection (h) of section 104 of the 
     Foreign Assistance Act of 1961--
       (1) in paragraph (1)(B), insert before the period at the 
     end the following: ``, or to organizations that do not 
     promote abortion as a method of family planning and that 
     utilize these funds to prevent abortion as a method of family 
     planning''; and
       (2) in paragraph (2)(A), strike ``or engage'' and insert 
     the following: ``or (except in the case of organizations that 
     do not promote abortion as a method of family planning and 
     that utilize these funds to prevent abortion as a method of 
     family planning) engage''.
       In the matter proposed to be inserted by the amendment as a 
     new subsection (i) of section 301 of the Foreign Assistance 
     Act of 1961, insert before the quotation marks at the end the 
     following sentence. ``If the President is unable to make the 
     certification required by paragraph (1) or (2) with respect 
     to a fiscal year, the funds appropriated for the UNFPA for 
     such fiscal year shall be transferred to the Agency for 
     International Development for population planning activities 
     or other population assistance.''.

                               H.R. 2159

                         Offered by: Mr. Pitts

       Amendment No. 68: Page 6, line 3, after ``$650,000,000'' 
     insert ``(increased by $100,000,000)''.
       Page 6, line 24, after ``$1,167,000,000'' insert 
     ``(decreased by $100,000,000)''.
       Page 52, line 4, after ``$385,000,000'' insert ``(decreased 
     by $100,000,000)''.

                               H.R. 2159

                      Offered By: Ms. Ros-Lehtinen

       Amendment No. 69: At the end of the bill, insert after the 
     last section (preceding the short title) the following new 
     section:
       Sec. 572. None of the funds appropriated or otherwise made 
     available by this Act may be made available to any Caribbean 
     Basin Initiative country if such country offers provisional, 
     permanent, or any other form of membership to the Government 
     of Cuba into CARICOM.

                               H.R. 2159

                      Offered By: Ms. Ros-Lehtinen

       Amendment No. 70: At the end of the bill, insert after the 
     last section (preceding the short title) the following new 
     section:
       Sec. 572. (a) Limitation.--None of the funds appropriated 
     or otherwise made available by this Act may be provided to 
     any foreign government that provides assistance for, or 
     engages in nonmarket-based trade with, the Government of 
     Cuba.
       (b) Waiver.--The President may waive the requirements of 
     subsection (a) with respect to a foreign government if the 
     President certifies to the Committee on International 
     Relations of the House of Representatives and the Committee 
     on Foreign Relations of the Senate that it is vital to the 
     national security of the United States to do so.

                               H.R. 2264

                        Offered By: Mr. DeFazio

       Amendment No. 1: Page 43, after line 13, insert the 
     following:


  community-based family resource and support (including transfers of 
                                 funds)

       For carrying out title II of the Child Abuse Prevention and 
     Treatment Act (42 U.S.C. 5116 et seq.) as amended by section 
     121 of the Child Abuse Prevention and Treatment Act 
     Amendments of 1996 (Pub. L. 104-235), to be derived from 
     amounts provided in this title for ``National Institutes of 
     Health'' (consisting of $10,835,000 from ``Office of the 
     Director'' and $23,000,000 from ``Buildings and 
     Facilities''), $33,835,000.

                               H.R. 2264

                         Offered By: Mr. Engel

       Amendment No. 2: Page 74, line 3, after the dollar amount 
     insert ``(increased by $100,000)''.

                               H.R. 2264

                         Offered By: Mr. Evans

       Amendment No. 3: Page 2, line 15, after ``reimbursements,'' 
     insert ``of which $10,000,000 shall be available for purposes 
     of carrying out section 738 of the Stewart B. McKinney 
     Homeless Assistance Act (relating to homeless veterans' 
     reintegration projects);''

                               H.R. 2264

                        Offered By: Mr. Goodling

       Amendment No. 4: In the item relating to ``DEPARTMENT OF 
     EDUCATION--education reform'', after the first dollar amount, 
     insert the following: ``(reduced by $35,000,000)''.
       In the item relating to ``DEPARTMENT OF EDUCATION--special 
     education'', after the each of the 2 dollar amounts, insert 
     the following: ``(increased by $155,526,000)''.
       In the item relating to ``DEPARTMENT OF EDUCATION--higher 
     education'', after the first dollar amount, insert the 
     following: ``(reduced by $6,900,000)''.
       In the item relating to ``DEPARTMENT OF EDUCATION--
     education research, statistics, and improvement''--
       (1) after the first dollar amount, insert the following: 
     ``(reduced by $113,626,000)''; and
       (2) after the second dollar amount, insert the following: 
     ``(reduced by $50,000,000)''.

                               H.R. 2264

                        Offered By: Mr. Goodling

       Amendment No. 5: At the end of the bill, insert after the 
     last section (preceding the short title) the following new 
     section:
       Sec.   . (a) Prohibition of Funds for National Testing in 
     Reading and Mathematics.--None of the funds made available in 
     this Act may be used to develop, plan, implement, or 
     administer any national testing program in reading or 
     mathematics.
       (b) Exceptions.--Subsection (a) shall not apply to the 
     following:
       (1) The National Assessment of Educational Progress carried 
     out under sections 411 through 413 of the Improving America's 
     Schools Act of 1994 (20 U.S.C. 9010-9012).
       (2) The Third International Math and Science Study (TIMSS).

                               H.R. 2264

                Offered By: Mr. Kennedy of Massachusetts

       Amendment No. 6: Page 44, line 5, after the dollar amount, 
     insert the following: ``(increased by $14,045,000)''.
       Page 73, line 15, after the first dollar amount, insert the 
     following ``(reduced by $14,045,000)''.

                                HR 2264

                         Offered By: Mr. Nadler

       Amendment No. 7: At the end of Title II, insert after the 
     last section (preceding the short title) the following 
     section:
       ``Sec. 213. (a) No funds made available under this Act may 
     be used under Title XI, XVIII or XIX of the Social Security 
     Act to pay any insurer if such insurer--
       ``(1) offers monetary rewards or penalties, or other 
     inducements to a licensed health care professional to 
     influence his or her decision as to what constitutes 
     medically necessary and appropriate treatments, tests, 
     procedures or services; or
       ``(2) conditions initial or continued participation of the 
     health care professional in a health insurance plan on the 
     basis of the health care professional's decisions as to what 
     constitutes medically necessary and appropriate treatments, 
     tests, procedures or services.
       ``(b) For the purposes of this section, the term 
     ``insurer'' means an insurance company, insurance service, or 
     insurance organization licensed to engage in the business of 
     insurance in a State, a health maintenance organization, a 
     preferred provider organization, and a provider sponsored 
     organization.
       ``(c) For the purposes of this section, the term ``health 
     care professional'' means a physician or other health care 
     practitioner licensed, accredited or certified to perform 
     specified health services consistent with State law.

                                HR 2264

                         Offered By: Mr. Nadler

       Amendment No. 8: At the end of Title II, insert after the 
     last section (preceding the short title) the following 
     section:
       ``Sec. 213. (a) No funds made available under this Act may 
     be used under Title XI,

[[Page H5918]]

     XVIII or XIX of the Social Security Act to pay any insurer 
     unless under health care coverage provided by such insurer--
       ``(1) the determination of what is medically necessary and 
     appropriate within the meaning of the insurance contract is 
     made only by the treating health care professional in 
     consultation with the patient; and
       ``(2) the insurer covers the full cost of all treatment, 
     tests, procedures and services deemed to be medically 
     necessary and appropriate by the treating health care 
     professional in consultation with the patient, subject to any 
     deductibles, co-payments, or percentage limitations provided 
     in the insurance contract.
       ``(b) For the purposes of this section, the term 
     ``insurer'' means an insurance company, insurance service, or 
     insurance organization licensed to engage in the business of 
     insurance in a State, a health maintenance organization, a 
     preferred provider organization, and a provider sponsored 
     organization.
       ``(c) For the purposes of this section, the term ``treating 
     health care professional'' means a physician or other health 
     care practitioner licensed, accredited or certified to 
     perform specified health services consistent with State law, 
     who is personally and directly involved in the care of said 
     patient.
       ``(d) Nothing in this paragraph shall be construed as 
     requiring the provision of coverage for benefits not 
     otherwise covered.

                                HR 2264

                         Offered By: Mr. Nadler

       Amendment No. 9: At the end of Title II, insert after the 
     last section (preceding the short title) the following 
     section:
       ``Sec. 213. (a) No funds made available under this Act may 
     be used under Title XI, XVIII or XIX of the Social Security 
     Act to pay any insurer if--
       ``(1) the provisions of any contract or agreement, or the 
     operation of any contract or agreement, between such insurer 
     and a health care professional prohibit or restrict the 
     health care professional from engaging in medical 
     communication with his or her patient; or
       ``(2) such insurer penalizes (through contract termination, 
     financial penalty or otherwise) a health care professional 
     for engaging in medical communication with his or her 
     patient.
       ``(b) For the purposes of this section, the term ``medical 
     communication'' means a communication made by a health care 
     provider with a patient of the health care provider (or the 
     guardian or legal representative of the patient) with respect 
     to--
       ``(1) the patient's health status, medical care, or legal 
     treatment options;
       ``(2) any utilization review requirements that may affect 
     treatment options for the patient; or
       ``(3) any financial incentives or penalties that may affect 
     the treatment of the patient.
       ``(c) For the purposes of this section, the term 
     ``insurer'' means an insurance company, insurance service, or 
     insurance organization licensed to engage in the business of 
     insurance in a State, a health maintenance organization, a 
     preferred provider organization, and a provider sponsored 
     organization.
       ``(d) For the purposes of this section, the term ``health 
     care professional'' means a physician or other health care 
     practitioner licensed, accredited or certified to perform 
     specified health services consistent with State law.

                               H.R. 2264

                         Offered By: Ms. Pelosi

       Amendment No. 10: At the end of title II, insert after the 
     last section (preceding the short title) the following 
     section:
       Sec.   . The amount otherwise made available in this title 
     under the heading ``Centers for Disease Control and 
     Prevention--disease control, research, and training'' is 
     increased by the amount derived through the following 
     amendment: Section 510(d) of the Social Security Act is 
     amended by striking ``1998'' and inserting ``1999''.

                               H.R. 2264

                         Offered By: Ms. Pelosi

       Amendment No. 11: At the end of title   , insert after the 
     last section (preceding the short title) the following 
     section:
       Sec.   . Section 510(c) of the Social Security Act is 
     amended by adding at the end the following:
       ``(3) The Secretary may accept an application from a State 
     for a allotment under subsection (a) only if the application 
     is submitted by the State health agency responsible for the 
     administration, or supervision of the administration, of the 
     State program carried out with allotments under section 
     502(c) (relating to the maternal and child health servcies 
     block grant); only if the programs carried out with the 
     allotment under subsection (a) provide information that is 
     recognized as medically accurate and relevant; only if the 
     funds from such allotment are dispersed at the discretion of 
     the chief executive officer of the State (except to the 
     extent inconsistent with the law of the State, including 
     applicable judicial precedents); and only if the application 
     is developed by or in consultation with the State agency for 
     maternal and child health.''.

                               H.R. 2264

                         Offered By: Mr. Riggs

       Amendment No. 12: In the item relating to ``DEPARTMENT OF 
     EDUCATION--education reform'', after the first dollar amount, 
     insert the following: ``(reduced by $25,000,000)''.
       In the item relating to ``DEPARTMENT OF EDUCATION--school 
     improvement programs'', after the first dollar amount, insert 
     the following: ``(increased by $25,000,000)''.

                               H.R. 2264

                         Offered By: Mr. Riggs

       Amendment No. 13: In the item relating to ``DEPARTMENT OF 
     EDUCATION--education reform'', after the first dollar amount, 
     insert the following: ``(reduced by $10,000,000)''.
       In the item relating to ``DEPARTMENT OF EDUCATION--school 
     improvement programs'', after the first dollar amount, insert 
     the following: ``(increased by $10,000,000)''.

                               H.R. 2264

                         Offered By: Mr. Riggs

       Amendment No. 14: At the end of the bill, insert after the 
     last section (preceding the short title) the following new 
     section:
       Sec.   . (a) Limitation on Penalties under IDEA.--None of 
     the funds made available in this Act may be used by the 
     Department of Education to investigate, or to impose, 
     administer, or enforce any penalty, sanction, or remedy for, 
     a State's election not to provide special education and 
     related services under the Individuals with Disabilities 
     Education Act (20 U.S.C. 1400 et seq.) to individuals who are 
     18 years of age or older and are incarcerated in adult State 
     prisons.
       (b) Exception.--Subsection (a) shall not apply to any 
     withholding of financial assistance to a State by the 
     Department of Education pursuant to the Individuals with 
     Disabilities Education Act (20 U.S.C. 1400 et seq.).

                               H.R. 2266

                        Offered By: Mr. DeFazio

       Amendment No. 2: Page 9, line 19, insert after the dollar 
     amount the following: ``(reduced by $25,000,000)''.
       Page 18, line 9, insert after the dollar amount the 
     following: ``(increased by $25,000,000)''.

                               H.R. 2266

                        Offered By: Mr. DeFazio

       Amendment No. 3: Page 9, line 19, insert after the dollar 
     amount the following: ``(reduced by $15,000,000)''.
       Page 32, line 25, insert after the dollar amount the 
     following: ``(increased by $15,000,000)''.

                               H.R. 2266

                Offered By: Mr. Kennedy of Massachusetts

       Amendment No. 4: Page 100, after line 15, insert the 
     following new section:
       Sec. 8103. (a) None of the funds appropriated or otherwise 
     made available by this Act for the Department of Defense 
     specimen repository described in subsection (b) may be used 
     for any purpose except in accordance with the requirement in 
     paragraph numbered 3 of the covered Department of Defense 
     policy memorandum that specifically provides that permissible 
     uses of specimen samples in the repository are limited to the 
     following purposes:
       (1) Identification of human remains.
       (2) Internal quality assurance activities to validate 
     processes for collection, maintenance and analysis of 
     samples.
       (3) A purpose for which the donor of the sample (or 
     surviving next-of-kin) provides consent.
       (4) As compelled by other applicable law in a case in which 
     all of the following conditions are present:
       (A) The responsible Department of Defense official has 
     received a proper judicial order or judicial authorization.
       (B) The specimen sample is needed for the investigation or 
     prosecution of a crime punishable by one year or more of 
     confinement.
       (C) No reasonable alternative means for obtaining a 
     specimen for DNA profile analysis is available.
       (b) The specimen repository referred to in subsection (a) 
     is the repository that was established pursuant to Deputy 
     Secretary of Defense Memorandum 47803, dated December 16, 
     1991, and designated as the ``Armed Forces Repository of 
     Specimen Samples for the Identification of Remains'' by 
     paragraph numbered 4 in the covered Department of Defense 
     policy memorandum.
       (c) For purposes of this section, the covered Department of 
     Defense policy memorandum is the memorandum of the Assistant 
     Secretary of Defense (Health Affairs) for the Secretary of 
     the Army, dated April 2, 1996, issued pursuant to law which 
     states as its subject ``Policy Refinements for the Armed 
     Forces Repository of Specimen Samples for the Identification 
     of Remains''.

                               H.R. 2266

                         Offered By: Mr. Nadler

       Amendment No. 5. Page 32, line 11, after the dollar amount, 
     insert the following: ``(reduced by $420,000,000)''.

                               H.R. 2266

                         Offered By: Mr. Nadler

       Amendment No. 6: At the end of the bill, insert after the 
     last section (preceding the short title) the following new 
     section:
       Sec. 8103. (a) Limitation on Use of Funds.--Of the funds 
     appropriated in this Act under the heading ``Research, 
     Development, Test and Evaluation, Air Force'', not more than 
     $1,651,000,000 shall be available for engineering and 
     manufacturing development of the F-22 aircraft program.
       (b) Corresponding Reduction in Funds.--The amount otherwise 
     provided by this Act for ``Research, Development, Test and 
     Evaluation, Air Force'', is hereby reduced by $420,000,000.

[[Page H5919]]

                               H.R. 2266

                        Offered By: Mr. Sanders

       Amendment No. 7: Page 9, line 19, insert after the dollar 
     amount the following: ``(increased by $2,000,000)''.
       Page 32, line 11, insert after the dollar amount the 
     following: ``(reduced by $2,000,000)''.

                               H.R. 2266

                        Offered By: Mr. Sanders

       Amendment No. 8: Page 87, after line 18, insert the 
     following new paragraph (and redesignate the subsequent 
     paragraph accordingly):
       (3) not less than 50 percent of the allowable costs for 
     which reimbursement is provided are directly related to 
     services and benefits for employees of a defense contractor 
     who were separated or otherwise adversely affected by the 
     business combination, and

                               H.R. 2266

                         Offered By: Mr. Shays

       Amendment No. 9: Page 100, after line 15, insert the 
     following new section:
       Sec.   . The total amount obligated from new budget 
     authority provided in this Act may not exceed 
     $244,046,478,000.