[Congressional Record (Bound Edition), Volume 145 (1999), Part 18]
[Senate]
[Page 26445]
[From the U.S. Government Publishing Office, www.gpo.gov]



                          AMENDMENTS SUBMITTED

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                 PARTIAL BIRTH ABORTION BAN ACT OF 1999

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                      LANDRIEU AMENDMENT NO. 2323

  Ms. LANDRIEU proposed an amendment to the bill (S. 1692) to amend 
title 18, United States Code, to ban partial birth abortions; as 
follows:

       At the appropriate place, insert the following:

     SEC.  . SENSE OF THE CONGRESS CONCERNING SPECIAL NEEDS 
                   CHILDREN.

       (a) Findings.--Congress finds that--
       (1) middle income families are particularly hard hit 
     financially when their children are born with special needs;
       (2) in many cases, parents are forced to stop working in 
     order to attempt to qualify for medicaid coverage for these 
     children;
       (3) the current system of government support for these 
     children and families is woefully inadequate;
       (4) as a result, working families are forced to choose 
     between terminating a pregnancy or financial ruin; and
       (5) government efforts to find an appropriate and 
     constitutional balance regarding the termination of a 
     pregnancy may further exacerbate the difficulty of these 
     families.
       (b) Sense of Congress.--It is the sense of the Congress 
     that the Federal Government should fully cover all expenses 
     related to the educational, medical and respite care 
     requirements of families with special needs children.
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                        SMITH AMENDMENT NO. 2324

  Mr. SMITH of New Hampshire proposed an amendment to the bill, S. 
1692, supra; as follows:

       At the end of the Landrieu amendment, add the following:

     SEC. __. TRANSFERENCE OF HUMAN FETAL TISSUE.

       Section 498N of the Public Health Service Act (42 U.S.C. 
     289g-2) is amended--
       (1) by redesignating subsections (c) and (d), as 
     subsections (e) and (f), respectively; and
       (2) by inserting after subsection (b), the following:
       ``(c) Disclosure on Transplantation of Fetal Tissue.--
       ``(1) Requirement.--With respect to human fetal tissue that 
     is obtained pursuant to an induced abortion, any entity that 
     is to receive such fetal tissue for any purpose shall file 
     with the Secretary a disclosure statement that meets the 
     requirements of paragraph (2).
       ``(2) Contents.--A disclosure statement meets the 
     requirements of this paragraph if the statement contains--
       ``(A) a list (including the names, addresses, and telephone 
     numbers) of each entity that has obtained possession of the 
     human fetal tissue involved prior to its possession by the 
     filing entity, including any entity used solely to transport 
     the fetal tissue and the tracking number used to identify the 
     packaging of such tissue;
       ``(B) a description of the use that is to be made of the 
     fetal tissue involved by the filing entity and the end user 
     (if known);
       ``(C) a description of the medical procedure that was used 
     to terminate the fetus from which the fetal tissue involved 
     was derived, and the gestational age of the fetus at the time 
     of death;
       ``(D) a description of the medical procedure that was used 
     to obtain the fetal tissue involved;
       ``(E) a description of the type of fetal tissue involved;
       ``(F) a description of the quantity of fetal tissue 
     involved;
       ``(G) a description of the amount of money, or any other 
     object of value, that is transferred as a result of the 
     transference of the fetal tissue involved, including any fees 
     received to transport such fetal tissue to the end user;
       ``(H) a description of any site fee that was paid by the 
     filing entity to the facility at which the induced abortion 
     with respect to the fetal tissue involved was performed, 
     including the amount of such fee; and
       ``(I) any other information determined appropriate by the 
     Secretary.
       ``(3) Disclosure to shippers.--Any entity that enters into 
     a contract for the shipment of a package containing human 
     fetal tissue described in paragraph (1) shall--
       ``(A) notify the shipping entity that the package to be 
     shipped contains human fetal tissue;
       ``(B) prominently label the outer packaging so as to 
     indicate that the package contains human fetal tissue;
       ``(C) ensure that the shipment is done in a manner that is 
     acceptable for the transfer of biomedical material; and
       ``(D) ensure that a tracking number is provided for the 
     package and disclosed as required under paragraph (2).
       ``(4) Definition.--In this subsection, the term `filing 
     entity' means the entity that is filing the disclosure 
     statement required under this subsection.
       ``(5) Nothing in this subsection shall permit the 
     disclosure of--
       ``(A) the identity of any physician, health care 
     professional, or individual involved in the provision of 
     abortion services;
       ``(B) the identity of any woman who obtained an abortion; 
     and
       ``(C) any information that could reasonably be used to 
     determine the identity of individuals or entities mentioned 
     in paragraphs (A) and (B).
       ``(6) Violation of this section shall be punishable by the 
     fines of not more than $5,000 per incident.
       ``(d) Limitation on Site Fees.--A facility at which induced 
     abortions are performed may not require the payment of any 
     site fee by any entity to which human fetal tissue that is 
     derived from such abortions is transferred unless the amount 
     of such site fee is reasonable in terms of reimbursement for 
     the actual real estate or facilities used by such entity.''.

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