[Congressional Record Volume 145, Number 91 (Thursday, June 24, 1999)]
[Senate]
[Pages S7607-S7610]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          AMENDMENTS SUBMITTED

                                 ______
                                 

   AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION AND 
               RELATED AGENCIES APPROPRIATIONS ACT, 2000

                                 ______
                                 

                ASHCROFT (AND OTHERS) AMENDMENT NO. 736

  (Ordered to lie on the table.)
  Mr. ASHCROFT (for himself, Mr. Hagel, Mr. Baucus, Mr. Roberts, Mr. 
Kerrey, and Mr. Dodd) submitted an amendment intended to be proposed by 
them to the bill (S. 1233), making appropriations for Agriculture, 
Rural Development, Food and Drug Administration, and Related Agencies 
programs for the fiscal year ending September 30, 2000, and for other 
purposes; as follows:

       On page 76, between lines 6 and 7, insert the following:
       Sec. 7____. Requirement of Congressional Approval of Any 
     Unilateral Agricultural or Medical Sanction.--(a) 
     Definitions.--In this section:
       (1) Agricultural commodity.--
       (A) In general.--The term ``agricultural commodity'' has 
     the meaning given the term in section 402 of the Agricultural 
     Trade Development and Assistance Act of 1954 (7 U.S.C. 1732).
       (B) Exclusion.--The term ``agricultural commodity'' does 
     not include any agricultural commodity that is used to 
     facilitate the development or production of a chemical or 
     biological weapon.
       (2) Agricultural program.--The term ``agricultural 
     program'' means--
       (A) any program administered under the Agricultural Trade 
     Development and Assistance Act of 1954 (7 U.S.C. 1691 et. 
     seq.);
       (B) any program administered under section 416 of the 
     Agricultural Act of 1949 (7 U.S.C. 1431);
       (C) any commercial sale of agricultural commodities, 
     including a commercial sale of an agricultural commodity that 
     is prohibited under a unilateral agricultural sanction that 
     is in effect on the date of enactment of this Act; or
       (D) any export financing (including credits or credit 
     guarantees) for agricultural commodities.
       (3) Joint resolution.--The term ``joint resolution'' 
     means--
       (A) in the case of subsection (b)(1)(B), only a joint 
     resolution introduced within 10 session days of Congress 
     after the date on which

[[Page S7608]]

     the report of the President under subsection (b)(1)(A) is 
     received by Congress, the matter after the resolving clause 
     of which is as follows: ``That Congress approves the report 
     of the President pursuant to section ____(b)(1)(A) of the 
     __________ Act ____, transmitted on ______________.'', with 
     the blank completed with the appropriate date; and
       (B) in the case of subsection (e)(2), only a joint 
     resolution introduced within 10 session days of Congress 
     after the date on which the report of the President under 
     subsection (e)(1) is received by Congress, the matter after 
     the resolving clause of which is as follows: ``That Congress 
     approves the report of the President pursuant to section 
     ____(e)(1) of the __________ Act ____, transmitted on 
     ______________.'', with the blank completed with the 
     appropriate date.
       (4) Medical device.--
       (A) In general.--The term ``medical device'' has the 
     meaning given the term ``device'' in section 201 of the 
     Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321).
       (B) Exclusion.--The term ``medical device'' does not 
     include any device that is used to facilitate the development 
     or production of a chemical or biological weapon.
       (5) Medicine.--
       (A) In general.--The term ``medicine'' has the meaning 
     given the term ``drug'' in section 201 of the Federal Food, 
     Drug, and Cosmetic Act (21 U.S.C. 321).
       (B) Exclusion.--The term ``medicine'' does not include any 
     drug that is used to facilitate the development or production 
     of a chemical or biological weapon.
       (6) Unilateral agricultural sanction.--The term 
     ``unilateral agricultural sanction'' means any prohibition, 
     restriction, or condition on carrying out an agricultural 
     program with respect to a foreign country or foreign entity 
     that is imposed by the United States for reasons of foreign 
     policy or national security, except in a case in which the 
     United States imposes the measure pursuant to a multilateral 
     regime and the other member countries of that regime have 
     agreed to impose substantially equivalent measures.
       (7) Unilateral medical sanction.--The term ``unilateral 
     medical sanction'' means any prohibition, restriction, or 
     condition on exports of, or the provision of assistance 
     consisting of, medicine or a medical device with respect to a 
     foreign country or foreign entity that is imposed by the 
     United States for reasons of foreign policy or national 
     security, except in a case in which the United States imposes 
     the measure pursuant to a multilateral regime and the other 
     member countries of that regime have agreed to impose 
     substantially equivalent measures.
       (b) Restriction.--
       (1) New sanctions.--Except as provided in subsections (c) 
     and (d) and notwithstanding any other provision of law, the 
     President may not impose a unilateral agricultural sanction 
     or unilateral medical sanction against a foreign country or 
     foreign entity for any fiscal year, unless--
       (A) not later than 60 days before the sanction is proposed 
     to be imposed, the President submits a report to Congress 
     that--
       (i) describes the activity proposed to be prohibited, 
     restricted, or conditioned; and
       (ii) describes the actions by the foreign country or 
     foreign entity that justify the sanction; and
       (B) Congress enacts a joint resolution stating the approval 
     of Congress for the report submitted under subparagraph (A).
       (2) Existing sanctions.--
       (A) In general.--Except as provided in subparagraph (B), 
     with respect to any unilateral agricultural sanction or 
     unilateral medical sanction that is in effect as of the date 
     of enactment of this Act for any fiscal year, the President 
     shall immediately cease to implement such sanction.
       (B) Exemptions.--Subparagraph (A) shall not apply to a 
     unilateral agricultural sanction or unilateral medical 
     sanction imposed with respect to an agricultural program or 
     activity described in subparagraph (B) or (D) of subsection 
     (a)(2).
       (c) Exceptions.--The President may impose (or continue to 
     impose) a sanction described in subsection (b) without regard 
     to the procedures required by that subsection--
       (1) against a foreign country or foreign entity with 
     respect to which Congress has enacted a declaration of war 
     that is in effect on or after the date of enactment of this 
     Act; or
       (2) to the extent that the sanction would prohibit, 
     restrict, or condition the provision or use of any 
     agricultural commodity that is controlled on--
       (A) the United States Munitions List established under 
     section 38 of the Arms Export Control Act (22 U.S.C. 2778); 
     or
       (B) any control list established under the Export 
     Administration Act of 1979 (50 U.S.C. App. 2401 et seq.).
       (d) Countries Supporting International Terrorism.--This 
     section shall not affect the prohibition on providing 
     assistance to the government of any country supporting 
     international terrorism that is established by section 620A 
     of the Foreign Assistance Act of 1961 (22 U.S.C. 2371).
       (e) Termination of Sanctions.--Any unilateral agricultural 
     sanction or unilateral medical sanction that is imposed 
     pursuant to the procedures described in subsection (b)(1) 
     shall terminate not later than 2 years after the date on 
     which the sanction became effective unless--
       (1) not later than 60 days before the date of termination 
     of the sanction, the President submits to Congress a report 
     containing the recommendation of the President for the 
     continuation of the sanction for an additional period of not 
     to exceed 2 years and the request of the President for 
     approval by Congress of the recommendation; and
       (2) Congress enacts a joint resolution stating the approval 
     of Congress for the report submitted under paragraph (1).
       (f) Congressional Priority Procedures.--
       (1) Referral of report.--A report described in subsection 
     (b)(1)(A) or (e)(1) shall be referred to the appropriate 
     committee or committees of the House of Representatives and 
     to the appropriate committee or committees of the Senate.
       (2) Referral of joint resolution.--
       (A) In general.--A joint resolution shall be referred to 
     the committees in each House of Congress with jurisdiction.
       (B) Reporting date.--A joint resolution referred to in 
     subparagraph (A) may not be reported before the eighth 
     session day of Congress after the introduction of the joint 
     resolution.
       (3) Discharge of committee.--If the committee to which is 
     referred a joint resolution has not reported the joint 
     resolution (or an identical joint resolution) at the end of 
     30 session days of Congress after the date of introduction of 
     the joint resolution--
       (A) the committee shall be discharged from further 
     consideration of the joint resolution; and
       (B) the joint resolution shall be placed on the appropriate 
     calendar of the House concerned.
       (4) Floor consideration.--
       (A) Motion to proceed.--
       (i) In general.--When the committee to which a joint 
     resolution is referred has reported, or when a committee is 
     discharged under paragraph (3) from further consideration of, 
     a joint resolution--

       (I) it shall be at any time thereafter in order (even 
     though a previous motion to the same effect has been 
     disagreed to) for any member of the House concerned to move 
     to proceed to the consideration of the joint resolution; and
       (II) all points of order against the joint resolution (and 
     against consideration of the joint resolution) are waived.

       (ii) Privilege.--The motion to proceed to the consideration 
     of the joint resolution--

       (I) shall be highly privileged in the House of 
     Representatives and privileged in the Senate; and
       (II) not debatable.

       (iii) Amendments and motions not in order.--The motion to 
     proceed to the consideration of the joint resolution shall 
     not be subject to--

       (I) amendment;
       (II) a motion to postpone; or
       (III) a motion to proceed to the consideration of other 
     business.

       (iv) Motion to reconsider not in order.--A motion to 
     reconsider the vote by which the motion is agreed to or 
     disagreed to shall not be in order.
       (v) Business until disposition.--If a motion to proceed to 
     the consideration of the joint resolution is agreed to, the 
     joint resolution shall remain the unfinished business of the 
     House concerned until disposed of.
       (B) Limitations on debate.--
       (i) In general.--Debate on the joint resolution, and on all 
     debatable motions and appeals in connection with the joint 
     resolution, shall be limited to not more than 10 hours, which 
     shall be divided equally between those favoring and those 
     opposing the joint resolution.
       (ii) Further debate limitations.--A motion to limit debate 
     shall be in order and shall not be debatable.
       (iii) Amendments and motions not in order.--An amendment 
     to, a motion to postpone, a motion to proceed to the 
     consideration of other business, a motion to recommit the 
     joint resolution, or a motion to reconsider the vote by which 
     the joint resolution is agreed to or disagreed to shall not 
     be in order.
       (C) Vote on final passage.--Immediately following the 
     conclusion of the debate on a joint resolution, and a single 
     quorum call at the conclusion of the debate if requested in 
     accordance with the rules of the House concerned, the vote on 
     final passage of the joint resolution shall occur.
       (D) Rulings of the chair on procedure.--An appeal from a 
     decision of the Chair relating to the application of the 
     rules of the Senate or House of Representatives, as the case 
     may be, to the procedure relating to a joint resolution shall 
     be decided without debate.
       (5) Coordination with action by other house.--If, before 
     the passage by 1 House of a joint resolution of that House, 
     that House receives from the other House a joint resolution, 
     the following procedures shall apply:
       (A) No committee referral.--The joint resolution of the 
     other House shall not be referred to a committee.
       (B) Floor procedure.--With respect to a joint resolution of 
     the House receiving the joint resolution--
       (i) the procedure in that House shall be the same as if no 
     joint resolution had been received from the other House; but
       (ii) the vote on final passage shall be on the joint 
     resolution of the other House.
       (C) Disposition of joint resolutions of receiving house.--
     On disposition of the joint resolution received from the 
     other House, it shall no longer be in order to consider the 
     joint resolution originated in the receiving House.
       (6) Procedures after action by both the house and senate.--
     If a House receives a joint resolution from the other House 
     after the receiving House has disposed of a joint

[[Page S7609]]

     resolution originated in that House, the action of the 
     receiving House with regard to the disposition of the joint 
     resolution originated in that House shall be deemed to be the 
     action of the receiving House with regard to the joint 
     resolution originated in the other House.
       (7) Rulemaking power.--This subsection is enacted by 
     Congress--
       (A) as an exercise of the rulemaking power of the Senate 
     and House of Representatives, respectively, and as such this 
     subsection--
       (i) is deemed to be a part of the rules of each House, 
     respectively, but applicable only with respect to the 
     procedure to be followed in that House in the case of a joint 
     resolution; and
       (ii) supersedes other rules only to the extent that this 
     subsection is inconsistent with those rules; and
       (B) with full recognition of the constitutional right of 
     either House to change the rules (so far as the rules relate 
     to the procedure of that House) at any time, in the same 
     manner and to the same extent as in the case of any other 
     rule of that House.
       (g) Effective Date.--This section takes effect 180 days 
     after the date of enactment of this Act.
                                 ______
                                 

                      FEINSTEIN AMENDMENT NO. 737

  Mrs. FEINSTEIN proposed an amendment to the bill, S. 1233, supra; as 
follows:

       At the appropriate place, insert the following:

     SEC. ____. PROMOTING GOOD MEDICAL PRACTICE.

       (a) In General.--Subpart B of part 7 of subtitle B of title 
     I of the Employee Retirement Income Security Act of 1974 (29 
     U.S.C. 1185 et seq.) is amended by adding at the end the 
     following:

     ``SEC. 714. PROMOTING GOOD MEDICAL PRACTICE.

       ``(a) Prohibiting Arbitrary Limitations or Conditions for 
     the Provision of Services.--
       ``(1) In general.--A group health plan, or a health 
     insurance issuer in connection with health insurance 
     coverage, may not arbitrarily interfere with or alter the 
     decision of the treating physician regarding the manner or 
     setting in which particular services are delivered if the 
     services are medically necessary or appropriate for treatment 
     or diagnosis to the extent that such treatment or diagnosis 
     is otherwise a covered benefit.
       ``(2) Construction.--Paragraph (1) shall not be construed 
     as prohibiting a plan or issuer from limiting the delivery of 
     services to one or more health care providers within a 
     network of such providers.
       ``(3) Manner or setting defined.--In paragraph (1), the 
     term `manner or setting' means the location of treatment, 
     such as whether treatment is provided on an inpatient or 
     outpatient basis, and the duration of treatment, such as the 
     number of days in a hospital. Such term does not include the 
     coverage of a particular service or treatment.
       ``(b) No Change in Coverage.--Subsection (a) shall not be 
     construed as requiring coverage of particular services the 
     coverage of which is otherwise not covered under the terms of 
     the plan or coverage or from conducting utilization review 
     activities consistent with this subsection.
       ``(c) Medical Necessity or Appropriateness Defined.--In 
     subsection (a), the term `medically necessary or appropriate' 
     means, with respect to a service or benefit, a service or 
     benefit which is consistent with generally accepted 
     principles of professional medical practice.
       ``(d) Plan Satisfaction of Certain Requirements.--Pursuant 
     to rules of the Secretary, if a health insurance issuer 
     offers health insurance coverage in connection with a group 
     health plan and takes an action in violation of any provision 
     of this subchapter, the group health plan shall not be liable 
     for such violation unless the plan caused such violation.
       ``(e) Applicability.--The provisions of this section shall 
     apply to group health plans and health insurance issuers as 
     if included in--
       ``(1) subpart 2 of part A of title XXVII of the Public 
     Health Service Act;
       ``(2) the first subpart 3 of part B of title XXVII of the 
     Public Health Service Act (relating to other requirements); 
     and
       ``(3) subchapter B of chapter 100 of the Internal Revenue 
     Code of 1986.
       ``(f) No Impact on Social Security Trust Fund.--
       ``(1) In general.--Nothing in this section shall be 
     construed to alter or amend the Social Security Act (or any 
     regulation promulgated under that Act).
       ``(2) Transfers.--
       ``(A) Estimate of secretary.--The Secretary of the Treasury 
     shall annually estimate the impact that the enactment of this 
     section has on the income and balances of the trust funds 
     established under section 201 of the Social Security Act (42 
     U.S.C. 401).
       ``(B) Transfer of funds.--If, under subparagraph (A), the 
     Secretary of the Treasury estimates that the enactment of 
     this section has a negative impact on the income and balances 
     of the trust funds established under section 201 of the 
     Social Security Act (42 U.S.C. 401), the Secretary shall 
     transfer, not less frequently than quarterly, from the 
     general revenues of the Federal Government an amount 
     sufficient so as to ensure that the income and balances of 
     such trust funds are not reduced as a result of the enactment 
     of such section.
       ``(g) Limitation on actions.--
       ``(1) In general.--Except as provided for in paragraph (2), 
     no action may be brought under subsection (a)(1)(B), (a)(2), 
     or (a)(3) of section 502 by a participant or beneficiary 
     seeking relief based on the application of any provision in 
     this section.
       ``(2) Permissible actions.--An action may be brought under 
     subsection (a)(1)(B), (a)(2), or (a)(3) of section 502 by a 
     participant or beneficiary seeking relief based on the 
     application of this section to the individual circumstances 
     of that participant or beneficiary; except that--
       ``(A) such an action may not be brought or maintained as a 
     class action; and
       ``(B) in such an action relief may only provide for the 
     provision of (or payment for) benefits, items, or services 
     denied to the individual participant or beneficiary involved 
     (and for attorney's fees and the costs of the action, at the 
     discretion of the court) and shall not provide for any other 
     relief to the participant or beneficiary or for any relief to 
     any other person.
       ``(3) Rule of construction.--Nothing in this subsection 
     shall be construed as affecting any action brought by the 
     Secretary.''.
       ``(h) Effective Date.--The provisions of this section shall 
     apply to group health plans for plan year beginning after, 
     and to health insurance issuer for coverage offered or sold 
     after, October 1, 2000.''.
       (b) Information Requirements.--
       (1) Information from group health plans.--Section 1862(b) 
     of the Social Security Act (42 U.S.C. 1395y(b)) is amended by 
     adding at the end the following:
       ``(7) Information from group health plans.--
       ``(A) Provision of information by group health plans.--The 
     administrator of a group health plan subject to the 
     requirements of paragraph (1) shall provide to the Secretary 
     such of the information elements described in subparagraph 
     (C) as the Secretary specifies, and in such manner and at 
     such times as the Secretary may specify (but not more 
     frequently than 4 times per year), with respect to each 
     individual covered under the plan who is entitled to any 
     benefits under this title.
       ``(B) Provision of information by employers and employee 
     organizations.--An employer (or employee organization) that 
     maintains or participates in a group health plan subject to 
     the requirements of paragraph (1) shall provide to the 
     administrator of the plan such of the information elements 
     required to be provided under subparagraph (A), and in such 
     manner and at such times as the Secretary may specify, at a 
     frequency consistent with that required under subparagraph 
     (A) with respect to each individual described in subparagraph 
     (A) who is covered under the plan by reason of employment 
     with that employer or membership in the organization.
       ``(C) Information elements.--The information elements 
     described in this subparagraph are the following:
       ``(i) Elements concerning the individual.--

       ``(I) The individual's name.
       ``(II) The individual's date of birth.
       ``(III) The individual's sex.
       ``(IV) The individual's social security insurance number.
       ``(V) The number assigned by the Secretary to the 
     individual for claims under this title.
       ``(VI) The family relationship of the individual to the 
     person who has or had current or employment status with the 
     employer.

       ``(ii) Elements concerning the family member with current 
     or former employment status.--

       ``(I) The name of the person in the individual's family who 
     has current or former employment status with the employer.
       ``(II) That person's social security insurance number.
       ``(III) The number or other identifier assigned by the plan 
     to that person.
       ``(IV) The periods of coverage for that person under the 
     plan.

       ``(V) The employment status of that person (current or 
     former) during those periods of coverage.
       ``(VI) The classes (of that person's family members) 
     covered under the plan.

       ``(iii) Plan elements.--

       ``(I) The items and services covered under the plan.
       ``(II) The name and address to which claims under the plan 
     are to be sent.

       ``(iv) Elements concerning the employer.--

       ``(I) The employer's name.
       ``(II) The employer's address.
       ``(III) The employer identification number of the employer.

       ``(D) Use of identifiers.--The administrator of a group 
     health plan shall utilize a unique identifier for the plan in 
     providing information under subparagraph (A) and in other 
     transactions, as may be specified by the Secretary, related 
     to the provisions of this subsection. The Secretary may 
     provide to the administrator the unique identifier described 
     in the preceding sentence.
       ``(E) Penalty for noncompliance.--Any entity that knowingly 
     and willfully fails to comply with a requirement imposed by 
     the previous subparagraphs shall be subject to a civil money 
     penalty not to exceed $1,000 for each incident of such 
     failure. The provisions of section 1128A (other than 
     subsections (a) and (b)) shall apply to a civil money penalty 
     under the previous sentence in the same manner as those 
     provisions apply to a penalty or proceeding under section 
     1128A(a).''.
       (2) Effective date.--The amendment made by paragraph (1) 
     shall take effect 180

[[Page S7610]]

     days after the date of the enactment of this Act.
       (c) Modification to Foreign Tax Credit Carryback and 
     Carryover Periods.--
       (1) In general.--Section 904(c) (relating to limitation on 
     credit) is amended--
       (A) by striking ``in the second preceding taxable year,'', 
     and
       (B) by striking ``or fifth'' and inserting ``fifth, sixth, 
     or seventh''.
       (2) Effective date.--The amendment made by paragraph (1) 
     shall apply to credits arising in taxable years beginning 
     after December 31, 2001.
       (d) Limitations on Welfare Benefit Funds of 10 or More 
     Employer Plans.--
       (1) Benefits to which exception applies.--Section 
     419A(f)(6)(A) (relating to exception for 10 or more employer 
     plans) is amended to read as follows:
       ``(A) In general.--This subpart shall not apply to a 
     welfare benefit fund which is part of a 10 or more employer 
     plan if the only benefits provided through the fund are 1 or 
     more of the following:
       ``(i) Medical benefits.
       ``(ii) Disability benefits.
       ``(iii) Group term life insurance benefits which do not 
     provide for any cash surrender value or other money that can 
     be paid, assigned, borrowed, or pledged for collateral for a 
     loan.

     The preceding sentence shall not apply to any plan which 
     maintains experience-rating arrangements with respect to 
     individual employers.''
       (2) Limitation on use of amounts for other purposes.--
     Section 4976(b) (defining disqualified benefit) is amended by 
     adding at the end the following new paragraph:
       ``(5) Special rule for 10 or more employer plans exempted 
     from prefunding limits.--For purposes of paragraph (1)(C), 
     if--
       ``(A) subpart D of part I of subchapter D of chapter 1 does 
     not apply by reason of section 419A(f)(6) to contributions to 
     provide 1 or more welfare benefits through a welfare benefit 
     fund under a 10 or more employer plan, and
       ``(B) any portion of the welfare benefit fund attributable 
     to such contributions is used for a purpose other than that 
     for which the contributions were made,

     then such portion shall be treated as reverting to the 
     benefit of the employers maintaining the fund.''
       (3) Effective date.--The amendments made by this subsection 
     shall apply to contributions paid or accrued after the date 
     of the enactment of this Act, in taxable years ending after 
     such date.

                          ____________________