[Congressional Record Volume 143, Number 114 (Wednesday, September 3, 1997)]
[Senate]
[Pages S8733-S8736]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          AMENDMENTS SUBMITTED

                                 ______
                                 

    THE DEPARTMENT OF LABOR APPROPRIATIONS ACT FOR FISCAL YEAR 1998

                                 ______
                                 

                       DORGAN AMENDMENT NO. 1060

  (Ordered to lie on the table.)
  Mr. DORGAN submitted an amendment intended to be proposed by him

[[Page S8734]]

to the bill (S. 1061) making appropriations for the Departments of 
Labor, Health and Human Services, and Education, and related agencies 
for the fiscal year ending September 30, 1998, and for other purposes; 
as follows:

       On page 30, line 21, strike ``$1,531,898,000.'' and insert 
     ``$1,539,898,000: Provided, That in addition to any other 
     amounts made available, either directly or indirectly, under 
     this item for heart and stroke-related research, an 
     additional $8,000,000 shall be used for such research.''.
       On page 35, line 22, strike ``$211,500,000'' and insert 
     ``203,500,000''.
                                 ______
                                 

                ASHCROFT (AND OTHERS) AMENDMENT NO. 1061

  Mr. ASHCROFT (for himself, Mr. Helms, Mr. Abraham, and Mr. Coats) 
proposed an amendment to the bill, S. 1061, supra; as follows:

       On page 77, strike lines 6 through 11, and insert the 
     following (and redesignate the following section 
     accordingly):
       Sec. 508. (a) None of the funds appropriated under this Act 
     shall be expended for any abortion.
       (b) None of the funds appropriated under this Act shall be 
     expended for health benefits coverage that includes coverage 
     for abortion.
       (c) The term ``health benefits coverage'' means the package 
     of services covered by a managed care provider or 
     organization pursuant to a contract or other arrangement.
       Sec. 509. (a) The limitations established in the preceding 
     section shall not apply to an abortion--
       (1) if the pregnancy is the result of an act of rape or 
     incest; or
       (2) in the case where a woman suffers from a physical 
     disorder, physical injury, or physical illness, including a 
     life-endangering physical condition caused by or arising from 
     the pregnancy itself, that would, as certified by a 
     physician, place the woman in danger of death unless an 
     abortion is performed.
       (b) Nothing in the preceding section shall by construed as 
     prohibiting the expenditure by a State, locality, entity, or 
     private person of State, local, or private funds (other than 
     a State's or locality's contribution of Medicaid matching 
     funds) for abortion services or coverage of abortion by 
     contract or other arrangement.
       (c) Nothing in the preceding section shall be construed as 
     restricting the ability of any managed care provider or 
     organization from offering abortion coverage or the ability 
     of a State or locality to contract separately with such a 
     provider for such coverage with State funds (other than a 
     State's or locality's contribution of Medicaid matching 
     funds).
                                 ______
                                 

                 KERREY (AND OTHERS) AMENDMENT NO. 1062

  (Ordered to lie on the table.)
  Mr. KERREY (for himself, Mr. Hagel, Mr. Bingaman, Mr. Jeffords, and 
Mr. Lautenberg) submitted an amendment intended to be proposed by them 
to the bill, S. 1061, supra; as follows:

       On page 40, line 24, strike the period and insert ``: 
     Provided further, That, notwithstanding section 418(a) of the 
     Social Security Act, for fiscal year 1997 only, the amount of 
     payment under section 418(a)(1) to which each State is 
     entitled shall equal the amount specified as mandatory funds 
     with respect to such State for such fiscal year in the table 
     transmitted by the Administration for Children and Families 
     to State Child Care and Development Block Grant Lead Agencies 
     on August 27, 1996, and the amount of State expenditures in 
     fiscal year 1994 or 1995 (whichever is greater) that equals 
     the non-Federal share for the programs described in section 
     418(a)(1)(A) shall be deemed to equal the amount specified as 
     maintenance of effort with respect to such State for fiscal 
     year 1997 in such table.''.
                                 ______
                                 

                INHOFE (AND CLELAND) AMENDMENT NO. 1063

  (Ordered to lie on the table.)
  Mr. INHOFE (for himself and Mr. Cleland) submitted an amendment 
intended to be proposed by them to the bill, S. 1061, supra; as 
follows:

       On page 70, between lines 8 and 9, insert the following:
       ``From funds provided under the second preceding paragraph, 
     not less than $2,225,000 shall be available for conducting a 
     disability return to work demonstration initiative, which 
     focuses on providing persons who have lost limbs with an 
     integrated program of prosthetic and rehabilitative care and 
     job placement assistance.''
                                 ______
                                 

                       INHOFE AMENDMENT NO. 1064

  (Ordered to lie on the table.)
  Mr. INHOFE submitted an amendment intended to be proposed by him to 
the bill, S. 1061, supra; as follows:

       On page 59, strike lines 13 through 18.
                                 ______
                                 

                       McCAIN AMENDMENT NO. 1065

  (Ordered to lie on the table.)
  Mr. McCAIN submitted an amendment intended to be proposed by him to 
the bill, S. 1061, supra; as follows:

       On page 49, after line 26, add the following:
       Sec.   . (a) Notwithstanding any other provision of law, 
     the payments described in subsection (b) shall not be 
     considered income or resources in determining eligibility 
     for, or the amount of benefits under, a program or State plan 
     under title IV, XVI, or XIX of the Social Security Act.
       (b) The payments described in this subsection are payments 
     made by the Secretary of Defense pursuant to section 657 of 
     the National Defense Authorization Act for Fiscal Year 1997 
     (Public Law 104-201; 110 Stat. 2584).
                                 ______
                                 

                   D'AMATO AMENDMENTS NOS. 1066-1067

  (Ordered to lie on the table.)
  Mr. D'AMATO submitted two amendments intended to be proposed by him 
to the bill, S. 1061, supra; as follows:

                           Amendment No. 1066

       On page 45, line 13, strike ``$854,074,000'' and insert 
     ``894,074,000 of which $40,000,000 shall be made available to 
     carry out title III of such Act''.
                                  ____


                           Amendment No. 1067

       On page 45, line 13, strike ``$854,074,000'' and insert 
     ``$854,074,000 (and an additional amount of $40,000,000 that 
     shall be used to carry out title III of such Act)''.
                                 ______
                                 

                       DORGAN AMENDMENT NO. 1068

  Mr. DORGAN proposed an amendment to the bill, S. 1061, supra; as 
follows:

       On page 30, line 21, strike ``$1,531,898,000.'' and insert 
     ``$1,539,898,000''.
       On page 35, line 22, strike ``$211,500,000'' and insert 
     ``203,500,000''.
                                 ______
                                 

                       SPECTER AMENDMENT NO. 1069

  Mr. SPECTER proposed an amendment to the bill, S. 1061, supra; as 
follows:

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

     SEC.  . SENSE OF THE SENATE REGARDING APPOINTMENT OF 
                   INDEPENDENT COUNSEL.

       (a) Findings.--The Congress finds that--
       (1) press reports appearing in the early Spring of 1997 
     reported that the FBI and the Justice Department withheld 
     national security information from the Clinton administration 
     and President Clinton regarding information pertaining to the 
     possible involvement by the Chinese government in seeking to 
     influence both the administration and some members of 
     Congress in the 1996 elections;
       (2) President Clinton subsequently stated, in reference to 
     the failure by the FBI and the Justice Department to brief 
     him on such information regarding China: ``There are 
     significant national security issues at stake here,'' and 
     further stated that ``I believe I should have known'';
       (3) there has been an acknowledgment by former White House 
     Chief to Staff Leon Panetta in March 1997 that there was 
     indeed coordination between the White House and the DNC 
     regarding the expenditure of soft money for advertising;
       (4) the Attorney General in her appearance before the 
     Senate Judiciary Committee on April 30, 1997 acknowledged a 
     presumed coordination between President Clinton and the DNC 
     regarding campaign advertisements;
       (5) Richard Morris in his recent book, Behind the Oval 
     Office, describes his firsthand knowledge that ``the 
     president became the day-to-day operational director of our 
     [DNC] TV ad campaign. He worked over every script, watched 
     each ad, ordered changes in every visual presentation and 
     decided which ads would run when and where;''
       (6) there have been conflicting and contradictory 
     statements by the Vice President regarding the timing and 
     extent of his knowledge of the nature of a fundraising event 
     at the Hsi Lai Buddhist Temple near Los Angeles on April 29, 
     1996;
       (7) the independent counsel statute requires the Attorney 
     General to consider the specificity of information provided 
     and the credibility of the source of information pertaining 
     to potential violations of criminal law by covered persons, 
     including the President and the Vice President;
       (8) the independent counsel statute further requires the 
     Attorney General to petition the court for appointment of an 
     independent counsel where the Attorney General finds that 
     there is a reasonable likelihood that a violation of criminal 
     law may have occurred involving a covered person;
       (9) the Attorney General has been presented with specific 
     and credible evidence pertaining to potential violations of 
     criminal law by covered persons and there is a reasonable 
     likelihood that a violation of criminal law may have occurred 
     involving a covered person; and
       (10) the Attorney General has abused her discretion by 
     failing to petition the court for appointment of an 
     independent counsel.
       (b) It is the Sense of the Senate that the Attorney General 
     should petition the court immediately for appointment of an 
     independent counsel to investigate the reasonable likelihood 
     that a violation of criminal law may have occurred involving 
     a covered person in the 1996 presidential federal election 
     campaign.

[[Page S8735]]

                                 ______
                                 

                        GREGG AMENDMENT NO. 1070

  Mr. GREGG proposed an amendment to the bill, S. 1061, supra; as 
follows:

       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 a 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).
                                 ______
                                 

                  COATS (AND GREGG) AMENDMENT NO. 1071

  Mr. COATS (for himself and Mr. Gregg) proposed an amendment to 
amendment No. 1070 proposed by Mr. Gregg to the bill, S. 1061, supra; 
as follows:

       At the end of the pending amendment add the following:
       Sec.  . None of the funds made available in this Act or any 
     other Act, may be used to develop, plan, implement, or 
     administer any national testing program in reading or 
     mathematics unless the program is specifically authorized by 
     Federal statute.
                                 ______
                                 

                       SPECTER AMENDMENT NO. 1072

  Mr. SPECTER proposed an amendment to the bill, S. 1061, supra; as 
follows:

       On page 39, before the period on line 25, insert the 
     following: ``: Provided further, That $2,000,000 of the 
     amount available for research, demonstration, and evaluation 
     activities shall be available for carrying out demonstration 
     projects on Medicaid coverage of community-based attendant 
     care services for people with disabilities which ensures 
     maximum control by the consumer to select and manage their 
     attendant care services''.
                                 ______
                                 

                       DURBIN AMENDMENT NO. 1073

  (Ordered to lie on the table.)
  Mr. DURBIN submitted an amendment intended to be proposed by him to 
the bill, S. 1061, supra; as follows:

       On page 49, after line 26, add the following:
       Sec. ___. (a) Study.--Not later than 30 days after the date 
     of enactment of this Act, the Secretary of Health and Human 
     Services, in consultation with the General Accounting Office, 
     shall conduct a comprehensive study concerning efforts to 
     improve organ donation at hospitals. Under such study, the 
     Secretary shall survey at least 5 percent of the hospitals 
     participating in the organ donation program under the Public 
     Health Service Act to examine--
       (1) the differences in protocols for the identification of 
     potential organ donors;
       (2) whether each hospital has a system in place for such 
     identification of donors; and
       (3) protocols for outreach to the relatives of potential 
     organ or tissue donors.
       (b) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary of Health and Human 
     Services shall prepare and submit to the appropriate 
     committees of Congress a report concerning the study 
     conducted under subsection (a), that shall include 
     recommendations on hospital best practices--
       (1) that result in the most efficient and comprehensive 
     identification of organ and tissue donors; and
       (2) for communicating with the relatives of potential organ 
     donors.
                                 ______
                                 

               WELLSTONE (AND OTHERS) AMENDMENT NO. 1074

  Mr. WELLSTONE (for himself, Mr. McCain, Mr. Burns, Mr. Durbin, Mr. 
Ford, Mr. D'Amato, Mr. Breaux, Ms. Mosley-Braun, Mr. Santorum, Mr. 
Johnson, Ms. Snowe, Mr. Reid, Mr. Hollings, Mr. Torricelli, Mr. 
Faircloth, Mr. Levin, Mr. Lautenberg, Mr. Hatch, Mr. Bryan, Mrs. Boxer, 
Mr. Robb, and Mr. Baucus) proposed an amendment to the bill, S. 1061, 
supra; as follows:

       At the appropriate place, insert the following:

     SEC.  . PARKINSON'S DISEASE RESEARCH.

       (a) Short Title--This section may be cited as the Morris K. 
     Udall Parkinson's Research Act of 1997''.
       (b) Finding and Purpose.--
       (1) Finding.--Congrss finds that to take full advantage of 
     the tremendous potential for finding a cure or effective 
     treatment, the Federal investment in Parkinson's must be 
     expanded, as well as the coordination strengthened among the 
     National Institutes of Health research institutes.
       (2) Purpose.--It is the purpose of this section to provide 
     for the expansion and coordination of research regarding 
     Parkinson's, and to improve care and assistance for afflicted 
     individuals and their family caregivers.
       (c) Parkinson's Research.--Part B of title IV of the Pubic 
     Health Service Act (42 U.S.C. 284 et seq.) is amended by 
     adding at the end the following:


                         ``Parkinson's disease

       ``Sec. 409B. (a) In General.--The Director of NIH shall 
     establish a program for the conduct and support of research 
     and training with respect to Parkinson's disease (subject to 
     the extent of amounts appropriated under subsection (e)).
       ``(b) Inter-Institute Coordination.--
       ``(1) In general.--The Director of NIH shall provide for 
     the coordination of the program established under subsection 
     (a) among all of the national research institutes conducting 
     Parkinson's research.
       ``(2) Conference.--Coordination under paragraph (1) shall 
     include the convening of a research planning conference not 
     less frequently than one every 2 years. Each such conference 
     shall prepare and submit to the Committee on Appropriations 
     and the Committee on Labor and Human Resources of the Senate 
     and the Committee on Appropriations and the Committee on 
     Commerce of the House of Representatives a report concerning 
     the conference.
       ``(c) Morris K. Udall Research Centers.--
       ``(1) In General.--The Director of NIH shall award Core 
     Center Grants to encourage the development of innovative 
     multidisciplinary research an provide training concerning 
     Parkinson's. The Director shall award not more than 10 Core 
     Center Grants and designate each center funded under such 
     grants as a Morris K. Udall Center for Research on 
     Parkinson's Disease.
       ``(2) Requirements.--
       ``(A) In general.--With respect to Parkinson's, each center 
     assisted under this subsection shall--
       ``(i) use the facilities of a single institution or a 
     consortium of cooperating institutions, and meet such 
     qualifications as may be prescribed by the Director of the 
     NIH; and
       ``(ii) conduct basic and clinical research.
       ``(B) Discretionary requirements.--With respect to 
     Parkinson's, each center assisted under this subsection may--
       ``(i) conducted training programs for scientists and health 
     professionals;
       ``(ii) conduct programs to provide information and 
     continuing education to health professionals;
       ``(iii) conduct programs for the dissemination of 
     information to the public;
       ``(iv) separately or in collaboration with other centers, 
     establish a nationwide data system derived from patient 
     populations with Parkinson's, and where possible, comparing 
     relevant data involving general populations;
       ``(v) separately or in collaboration with other centers, 
     establish a Parkinson's Disease Information Clearinghouse to 
     facilitate and enhance knowledge and understanding of 
     Parkinson's disease; and
       ``(vi) separately or in collaboration with other centers, 
     establish a national education program that fosters a 
     national focus on Parkinson's and the care of those with 
     Parkinson's.
       ``(3) Stipends regarding training programs.--A center may 
     use funds provided under paragraph (1) to provide stipends 
     for scientists and health professionals enrolled in training 
     programs under paragraph (2)(B).
       ``(4) Duration of support.--Support of a center under this 
     subsection may be for a period not exceeding five years. Such 
     period may be extended by the Director of NIH for one or more 
     additional periods of not more than five years if the 
     operations of such center have been reviewed by an 
     appropriate technical and scientific peer review group 
     established by the Director and if such group has recommended 
     to the Director that such period should be extended.
       ``(d) Morris K.Udall Awards for Excellence in Parkinson's 
     Disease Research.--The Director of NIH shall establish a 
     grant program to support investigators with a proven record 
     of excellence and innovation in Parkinson's research and who 
     demonstrate potential for significant future breakthroughs in 
     the understanding of the pathogensis, diagnosis, and 
     treatment of Parkinson's. Grants under this subsection shall 
     be available for a period of not to exceed 5 years.
       ``(e) Authorization of Appropriations.--For the purpose of 
     carrying out this section, there are authorized to be 
     appropriated $100,000,000 for fiscal year 1998, and such sums 
     as may be necessary for each of the fiscal years 1999 and 
     2000.''.
                                 ______
                                 

                  COATS (AND FRIST) AMENDMENT NO. 1075

  Mr. COATS (for himself and Mr. Frist) proposed an amendment to the 
bill, S. 1061, supra; as follows:

       On page 49, after line 26, add the following:


    comprehensive independent study of nih research priority setting

       Sec.   . (a) Study by the Institute of Medicine.--Not later 
     than 30 days after the date of enactment of this Act, the 
     Secretary of Health and Human Services shall enter into a 
     contract with the Institute of Medicine to conduct a 
     comprehensive study of the policies and process used by the 
     National Institutes of Health to determine funding 
     allocations for biomedical research.
       (b) Matters To Be Assessed.--The study under subsection (a) 
     shall assess--
       (1) the factors or criteria used by the National Institutes 
     of Health to determine funding allocations for disease 
     research;

[[Page S8736]]

       (2) the process by which research funding decisions are 
     made;
       (3) the mechanisms for public input into the priority 
     setting process; and
       (4) the impact of statutory directive on research funding 
     decisions.
       (c) Report.--
       (1) In general.--Not later than 6 months after the date on 
     which the Secretary of Health and Human Services enters into 
     the contract under subsection (a), the Institute of Medicine 
     shall submit a report concerning the study to the Committee 
     on Labor and Human Resources and the Committee on 
     Appropriations of the Senate, and the Committee on Commerce 
     and the Committee on Appropriations of the House of 
     Representatives.
       (2) Requirement.--The report under paragraph (1) shall set 
     forth the findings, conclusions, and recommendations of the 
     Institute of Medicine for improvements in the National 
     Institutes of Health research funding policies and processes 
     and for any necessary congressional action.
       (d) Funding.--Of the amount appropriated in this title for 
     the National Institutes of Health, $300,000 shall be made 
     available for the study and report under this section.
                                 ______
                                 

                 GORTON (AND OTHERS) AMENDMENT NO. 1076

  (Ordered to lie on the table.)
  Mr. GORTON (for himself, Mr. Grams, Mrs. Murray, Mr. Jeffords, and 
Mr. Leahy) submitted an amendment intended to be proposed by them to 
the bill, S. 1061, supra; as follows:

       On page 49, after line 26, add the following:
       Sec. __. (a) Section 2110(b)(3) of the Social Security Act 
     (42 U.S.C 1397jj(b)(3)) is amended to read as follows:
       ``(3) Special rules.--
       ``(A) Prior coverage under a state-funded health insurance 
     coverage program.--A child shall not be considered to be 
     described in paragraph (1)(C) notwithstanding that the child 
     is covered under a health insurance coverage program that has 
     been in operation since before July 1, 1997, and that is 
     offered by a State which receives no Federal funds for the 
     program's operation.
       ``(B) States with medicaid applicable income levels at or 
     above 200 percent.--In the case of any State that, as of 
     August 5, 1997, has, under a waiver authorized by the 
     Secretary or under section 1902(r)(2), established a medicaid 
     applicable income level for all children 17 years of age or 
     younger or 18 years of age or younger (at the option of the 
     State) residing in the State that is at or above 200 percent 
     of the poverty line, such State may, notwithstanding 
     subparagraphs (B)(ii) and (C) of paragraph (1), consider a 
     child whose family income exceeds the mandatory income level 
     (expressed as a percent of the poverty line) applicable for 
     the age of such child under section 1902(l)(2), as in effect 
     on August 5, 1997, in order for the child to be eligible for 
     medical assistance under a State plan under title XIX, but 
     does not exceed 200 percent of the poverty line, to be a 
     targeted low-income child for purposes of this title if--
       ``(i) such child did not previously have health insurance 
     coverage; and
       ``(ii) the State has submitted and had approved under 
     section 2106 a plan amendment that specifies how the State 
     will ensure that only children described in clause (i) are 
     considered targeted low-income children in accordance with 
     this subparagraph.''.
       (b) Section 1905(u)(2)(C) of the Social Security Act (42 
     U.S.C. 1396d(u)(2)(C)) (as added by section 4911(a)(2) of the 
     Balanced Budget Act of 1997) is amended to read as follows:
       ``(C) For purposes of this paragraph, the term `optional 
     targeted low-income child' means a child who--
       ``(i) is a targeted low-income child, as defined in section 
     2110(b)(1), who would not qualify for medical assistance 
     under the State plan under this title based on such plan as 
     in effect on April 15, 1997 (but taking into account the 
     expansion of age of eligibility effected through the 
     operation of section 1902(l)(2)(D)), or
       ``(ii) is considered to be a targeted low-income child 
     under section 2110(b)(3).''.
       (c) The amendment made by subsection (a) shall take effect 
     as if included in the enactment of section 4901(a) of the 
     Balanced Budget Act of 1997 and the amendment made by 
     subsection (b) shall take effect as if included in the 
     enactment of section 4911(a)(2) of the Balanced Budget Act of 
     1997.
                                 ______
                                 

                 COATS (AND NICKLES) AMENDMENT NO. 1077

  Mr. COATS (for himself and Mr. Nickles) proposed an amendment to the 
bill, S. 1061, supra; as follows:

       At the end of the appropriate place, insert the following:
       Sec.   . Limitaton on Use of Funds.--Notwithstanding any 
     other provision of law, none of the amounts subject to the 
     provision of subsection (e) of the Morris K. Udall 
     Parkinson's Research Act of 1997'' may be expended for any 
     research that utilizes human fetal tissue, cells, or organs 
     that are obtained from a living or dead embryo or fetus 
     during or after an induced abortion. This subsection does not 
     apply to human fetal tissue, cells, or organs that are 
     obtained from a spontaneous abortion or an ectopic pregnancy.
                                 ______
                                 

                DURBIN (AND COLLINS) AMENDMENT NO. 1078

  (Ordered to lie on the table.)
  Mr. DURBIN (for himself and Ms. Collins) submitted an amendment 
intended to be proposed by them to the bill, S. 1061, supra; as 
follows:

       At the appropriate place, insert the following:
       Sec.   . Repeal of Tobacco Industry Settlement Credit.--
     Subsection (k) of section 9302 of the Balanced Budget Act of 
     1997, as added by section 1604(f)(3) of the Taxpayer Relief 
     Act of 1997, is repealed.

                          ____________________