[Congressional Record Volume 150, Number 105 (Wednesday, September 8, 2004)]
[House]
[Pages H6900-H6901]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                               AMENDMENTS

  Under clause 8 of rule XVIII, proposed amendments were submitted as 
follows:

                               H.R. 5006

                         Offered By: Mr. Hefley

       Amendment No. 5: At the end of the bill (before the short 
     title), insert the following:
       Sec. __. Total appropriations made in this Act (other than 
     appropriations required to be made by a provision of law) are 
     hereby reduced by $1,425,000,000.

                               H.R. 5006

                        Offered By: Mr. Hayworth

       Amendment No. 6: At the end of the bill (before the short 
     title), insert the following:
       Sec. __. None of the funds made available in this Act may 
     be used by the National Labor Relations Board to exert 
     jurisdiction over any organization or enterprise pursuant to 
     the standard adopted by the National Labor Relations Board in 
     San Manuel Indian Bingo and Casino and Hotel Employees & 
     Restaurant Employees International Union, AFL-CIO, CLC and 
     Communication Workers of America, AFL-CIO, CLC, Party in 
     Interest, and State of Connecticut, Intervenor, 341 NLRB No. 
     138 (May 28, 2004).

                               H.R. 5006

                Offered By: Mrs. Johnson of Connecticut

       Amendment No. 7: In title I, in the item relating to 
     Occupational Health and Safety Administration, after the 
     aggregate dollar amount insert the following: ``(reduced by 
     $25,000,000)''.
       In title II, in the item relating to Office of the 
     Secretary, after the aggregate dollar amount insert the 
     following: ``(increased by $25,000,000)''.
       In title II, in the item relating to Office of the 
     Secretary, after the fourth dollar amount, insert the 
     following: ``(increased by $25,000,000)''.

                               H.R. 5006

                     Offered By: Mr. Green of Texas

       Amendment No. 8: In title II, in the item relating to 
     ``Health Resources and Services Administration--Health 
     Resources and Services'', insert after the first undesignated 
     paragraph the following undesignated paragraph:
       In addition, for carrying out section 340 of the Public 
     Health Service Act (relating to the healthy communities 
     access program), $104,000,000.

                               H.R. 5006

                         Offered By: Mr. Allen

       Amendment No. 9: At the end of title II (before the short 
     title), insert the following:
       Sec. __. For research on outcomes of health care items and 
     services (including the comparative clinical effectiveness of 
     prescription drugs), as authorized by section 1013 of the 
     Medicare Prescription Drug, Improvement, and Modernization 
     Act of 2003 (Public Law 108-173), $50,000,000.

                               H.R. 5006

                         Offered By: Mr. Allen

       Amendment No. 10: At the end of the bill (before the short 
     title), insert the following:
       Sec. __. None of the funds made available in this Act may 
     be used to enforce any requirement that a school be 
     identified for improvement, corrective action, or 
     restructuring under section 1116 of part A of title I of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     6316 et seq.), or to otherwise implement any penalty or 
     sanction applicable to a State, a State educational agency, a 
     local educational agency, or a school under such part A, if 
     the amount appropriated in this Act for the purpose of 
     carrying out such part A for fiscal year 2005 is less than 
     $20,500,000,000, as authorized to be appropriated for such 
     purpose in section 1002(a) of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 6302(a)).

                               H.R. 5006

                        Offered By: Mr. LoBiondo

       Amendment No. 11: In title II, amend section 221 (page 65, 
     line 19, through page 68, line 2) to read as follows:
       Sec. 221. (a) Notwithstanding section 412.23(b)(2) of title 
     42 of the Code of Federal Regulations, none of the funds 
     appropriated by this Act may be expended by the Secretary of 
     Health and Human Services to treat a hospital or unit of a 
     hospital that was certified by the Secretary as an inpatient 
     rehabilitation facility on or before June 30, 2004, as a 
     subsection (d) hospital (as defined in section 1886(d)(1)(B) 
     of the Social Security Act (42 U.S.C. 1395ww(d)(1)(B))) 
     until, not later than 60 days after the date on which the 
     report under subsection (b) is issued, the Secretary, taking 
     into account the recommendations in such report--
       (1) determines that the classification criteria of 
     hospitals and units of hospitals as inpatient rehabilitation 
     facilities under such section 412.23(b)(2) are not 
     inconsistent with such recommendations; or
       (2) promulgates a regulation providing for revised criteria 
     under such section 412.23(b)(2), which regulation shall be 
     effective and final immediately on an interim basis as of the 
     date of publication of the regulation.
       (b) The study referred to in subsection (a) is a study by 
     the Comptroller General of the United States directed in the 
     statement of managers accompanying the conference report on 
     the bill H.R. 1 of the 108th Congress regarding clinically 
     appropriate standards for defining inpatient rehabilitation 
     services under such section 412.23(b)(2).
       (c) The aggregate amount appropriated under title II for 
     ``Centers for Medicare and Medicaid Services--Program 
     Management'' is hereby reduced by $3,500,000.

                               H.R. 5006

                       Offered By: Mr. LaTourette

       Amendment No. 12: Page 23, after line 2, insert the 
     following new section:
       Sec. _. Section 13 of the Fair Labor Standards Act of 1938 
     (29 U.S.C. 213) is amended by adding at the end the following 
     new section:
       ``(k)(1) The Secretary of Labor shall not promulgate any 
     rule under subsection (a)(1) that exempts from the overtime 
     pay provisions of section 7 any employee who earns less than 
     $23,660 per year.
       ``(2) The Secretary shall not promulgate any rule under 
     subsection (a)(1) concerning the right to overtime pay that 
     is not as protective, or more protective, of the overtime pay 
     rights of employees in the occupations or job classifications 
     described in paragraph (3) as the protections provided for 
     such employees under the regulations in effect under such 
     subsection on March 31, 2003.
       ``(3) The occupations or job classifications to which 
     paragraph (2) applies are as follows:
       ``(A) Any worker paid on an hourly basis.
       ``(B) Blue collar workers.
       ``(C) Any worker provided overtime under a collective 
     bargaining agreement.
       ``(D) Team leaders.
       ``(E) Computer programmers.
       ``(F) Registered nurses.
       ``(G) Licensed practical nurses.
       ``(H) Nurse midwives.
       ``(I) Nursery school teachers.
       ``(J) Oil and gas pipeline workers, field workers, and 
     platform workers.
       ``(K) Refinery workers.
       ``(L) Steel workers.
       ``(M) Shipyard and ship scrapping workers.
       ``(N) Teachers.
       ``(O) Technicians.
       ``(P) Journalists.
       ``(Q) Chefs.
       ``(R) Cooks.

[[Page H6901]]

       ``(S) Police officers, including sergeants.
       ``(T) Firefighters, including sergeants.
       ``(U) Emergency medical technicians and paramedics.
       ``(V) Waste disposal workers.
       ``(W) Day care workers.
       ``(X) Maintenance employees.
       ``(Y) Production line employees.
       ``(Z) Construction employees.
       ``(AA) Carpenters, mechanics, and plumbers.
       ``(BB) Iron workers.
       ``(CC) Craftsmen.
       ``(DD) Operating engineers.
       ``(EE) Laborers.
       ``(FF) Painters.
       ``(GG) Cement masons and stone and brick masons.
       ``(HH) Sheet metal workers.
       ``(II) Utility workers.
       ``(JJ) Longshoremen.
       ``(KK) Stationary engineers.
       ``(LL) Welders.
       ``(MM) Boilermakers.
       ``(NN) Funeral directors.
       ``(OO) Athletic trainers.
       ``(PP) Outside sales employees and inside sales employees.
       ``(QQ) Grocery store managers.
       ``(RR) Financial services industry workers.
       ``(SS) Route drivers.
       ``(TT) Assistant retail managers.
       ``(4) Any portion of a rule promulgated under subsection 
     (a)(1) after March 31, 2003, that modifies the overtime pay 
     provisions of section 7 in a manner that is inconsistent with 
     paragraphs (2) and (3) shall have no force or effect as it 
     relates to the occupation or job classification involved.''.

                               H.R. 5006

                        Offered By: Mr. Stearns

       Amendment No. 13: At the end of the bill (before the short 
     title), insert the following:
       Sec. __. None of the funds appropriated by this Act may be 
     expended by the Secretary of Health and Human Services to 
     carry out the modification of coverage policy number 35-26 of 
     the Medicare Coverage Issues Manual R125CM announced by the 
     Secretary on July 15, 2004, in the press release entitled 
     ``HHS ANNOUNCES REVISED MEDICARE OBESITY COVERAGE POLICY-
     Policy Opens Doors to Coverage based on Evidence'' until the 
     date on which the Secretary submits to Congress a report 
     containing the Secretary's estimate of the increased costs to 
     the medicare program by reason of such modification of 
     coverage policy.