[Congressional Record (Bound Edition), Volume 151 (2005), Part 17]
[Senate]
[Pages 23516-23519]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 2194. Mr. REED (for himself, Ms. Collins, Mr. Kennedy, Ms. Snowe, 
Mr. Kerry, Ms. Cantwell, Mr. Harkin, Mr. Baucus, Mr. Coleman, Mr. 
Dorgan, Mr. Obama, Mr. Schumer, Mr. Leahy, Ms. Stabenow, Mrs. Clinton, 
Mr. Durbin, Mrs. Lincoln, Mr. Dayton, Mr. Reid, Mr. Bayh, Mr. Levin, 
Mr. Rockefeller, Mr. Lautenberg, Mr. Sarbanes, Mr. Jeffords, Mr. 
Salazar, Ms. Mikulski, Mr. Bingaman, Mr. Lugar, Mr. Smith, and Mr. 
Kohl) submitted an amendment intended to be proposed by him to the bill 
H.R. 3010, making appropriations for the Departments of Labor, Health 
and Human Services, and Education, and Related Agencies for the fiscal 
year ending September 30, 2006, and for other purposes; which was 
ordered to lie on the table; as follows:

       In title II, in the matter under the heading ``low-income 
     home energy assistance'', in the matter under the heading 
     ``Administration for Children and Families'', after the first 
     sentence insert the following:
       In addition to amounts appropriated under the preceding 
     sentence, for making payments under title XXVI of the Omnibus 
     Budget Reconciliation Act of 1981 (42 U.S.C. 8621 et seq.), 
     $2,920,000,000, which amount is designated as an emergency 
     requirement pursuant to section 402 of H. Con. Res. 95 (109th 
     Congress), the concurrent resolution on the budget for fiscal 
     year 2006.
                                 ______
                                 
  SA 2195. Mr. LEVIN submitted an amendment intended to be proposed by 
him to the bill H.R. 3010, making appropriations for the Departments of 
Labor, Health and Human Services, and Education, and Related Agencies 
for the fiscal year ending September 30, 2006, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. __.(a) Section 316 of the Immigration and Nationality 
     Act (8 U.S.C. 1427), is amended by adding at the end the 
     following:
       ``(g) The continuous residency requirement under subsection 
     (a) may be reduced to 3 years for an applicant for 
     naturalization if--
       ``(1) the applicant is the beneficiary of an approved 
     petition for classification under section 204(a)(1)(E);
       ``(2) the applicant has been approved for adjustment of 
     status under section 245(a); and
       ``(3) such reduction is necessary for the applicant to 
     represent the United States at an international event.
       ``(h)(1) The Secretary of Homeland Security shall 
     adjudicate an application for naturalization under this 
     section not later than 30 days after the submission of such 
     application if the applicant--
       ``(A) requests such expedited adjudication in order to 
     represent the United States at an international event; and
       ``(B) demonstrates that such expedited adjudication is 
     related to such representation.
       ``(2) An applicant is ineligible for expedited adjudication 
     under paragraph (1) if the Secretary of Homeland Security 
     determines that such expedited adjudication poses a risk to 
     national security. Such a determination by the Secretary 
     shall not be subject to review.''.
       (b) There is authorized to be appropriated to the Secretary 
     of Homeland Security for the Bureau of Citizenship and 
     Immigration Services, $100,000 for fiscal year 2006, to 
     review applications for naturalization submitted by 
     applicants who are eligible for the reduced residency 
     requirement or expedited adjudication under subsections (g) 
     and (h) of 316 of the Immigration and Nationality Act, as 
     added by subsection (a).
       (c) The amendment made by subsection (a) is repealed on 
     October 1, 2006.
                                 ______
                                 
  SA 2196. Mr. DURBIN submitted an amendment intended to be proposed by 
him to the bill H.R. 3010, making appropriations for the Departments of 
Labor, Health and Human Services, and Education, and Related Agencies 
for the fiscal year ending September 30, 2006, and for other purposes; 
which was ordered to lie on the table; as follows:

       After section 221, insert the following:
       Sec. 222. Not later than June 30, 2006, the Secretary of 
     Health and Human Services shall prepare and submit to 
     Congress a report outlining--
       (1) a detailed plan for expeditiously changing the 
     numerical identifier used to identify medicare beneficiaries 
     under the medicare program so that a beneficiary's social 
     security account number is no longer displayed on the 
     identification card issued to the beneficiary under such 
     program or on any explanation of medicare benefits mailed to 
     the beneficiary; and
       (2) the costs of implementing such plan.
                                 ______
                                 
  SA 2197. Mr. SPECTER proposed an amendment to the bill H.R. 3010, 
making appropriations for the Departments of Labor, Health and Human 
Services, and Education, and Related Agencies for the fiscal year 
ending September 30, 2006, and for other purposes; as follows:

       On page 154, line 10, strike ``$3,203,418,000'' and insert 
     ``$3,188,418,000'' in lieu thereof.
                                 ______
                                 
  SA 2198. Mrs. CLINTON (for herself and Mr. Schumer) submitted an 
amendment intended to be proposed by her to the bill H.R. 3010, making 
appropriations for the Departments of Labor, Health and Human Services, 
and Education, and Related Agencies for the fiscal year ending 
September 30, 2006, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the appropriate place, insert the following:
       Sec. __. Notwithstanding any other provision of law 
     rescinding the amounts made available under chapter 8 of 
     division B of the Department of Defense and Emergency 
     Supplemental Appropriations for Recovery from and Response to 
     Terrorist Attacks on the United States Act, 2002 (Public Law 
     107-117), $50,000,000 shall be available under such chapter, 
     and shall remain available until expended, for payment to the 
     New York State Uninsured Employers Fund for reimbursement of 
     claims related to the terrorist attacks of September 11, 2001 
     and for reimbursement of claims related to the first response 
     emergency services personnel who were injured, were disabled, 
     or died due to such terrorist attacks, and $75,000,000 shall 
     be made available under such chapter to the Centers for 
     Disease Control and Prevention upon enactment of this Act, 
     and shall remain available until expended, for purposes 
     related to the September 11, 2001 terrorist attacks. In 
     expending such funds, the Director of the Centers for Disease 
     Control and Prevention shall give first priority to the 
     existing programs coordinated by the Mount Sinai Center for 
     Occupational and Environmental Medicine, the Fire Department 
     of New York City Bureau of Health Services and Counseling 
     Services Unit, the New York City Police Foundation's Project 
     COPE, Police Organization Providing Peer Assistance, and the 
     New York City Department of Health and Mental Hygiene World 
     Trade Center Health Registry that administer baseline and 
     follow-up screening, clinical examinations, or long-term 
     medical health monitoring, analysis, or treatment for 
     emergency services personnel or rescue and recovery 
     personnel, and shall give secondary priority to similar 
     programs coordinated by other entities working with the State 
     of New York and New York City.
                                 ______
                                 
  SA 2199. Mr. ALLEN (for himself and Mr. Warner) submitted an 
amendment intended to be proposed by him to the bill H.R. 3010, making 
appropriations for the Departments of Labor, Health and Human Services, 
and Education, and Related Agencies for the fiscal year ending 
September 30, 2006, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 178, after line 25, add the following:
       Sec. 222. Effective as if enacted on January 1, 1995, the 
     phrase ``costs incurred during the year of furnishing 
     hospital services'' in section 1923(g)(1)(A) of the Social 
     Security Act (42 U.S.C.  1396r-4(g)(1)(A)), shall be applied 
     to the State of Virginia as including the costs of physician 
     services provided at a hospital when those costs are incurred 
     either by the hospital or by an organization related to the 
     hospital, as determined for purposes of title XVIII of the 
     Social Security Act, including such services provided through 
     a university or a faculty practice plan. The preceding 
     sentence shall be applied without fiscal year limitation.

[[Page 23517]]


                                 ______
                                 
  SA 2200. Mr. NELSON of Florida submitted an amendment intended to be 
proposed by him to the bill H.R. 3010, making appropriations for the 
Departments of Labor, Health and Human Services, and Education, and 
Related Agencies for the fiscal year ending September 30, 2006, and for 
other purposes; which was ordered to lie on the table; as follows:

       After section 221, insert the following:
       Sec. 222. (a) Section 1851(e)(3)(B) of the Social Security 
     Act (42 U.S.C. 1395w-21(e)(3)(B)) is amended--
       (1) in clause (iii), by striking ``May 15, 2006'' and 
     inserting ``December 31, 2006''; and
       (2) by adding at the end the following new sentence:

     ``An individual making an election during the period 
     beginning on November 15, 2006, and ending on December 15, 
     2006, shall specify whether the election is to be effective 
     with respect to 2006 or with respect to 2007 (or both).''.
       (b)(1) Section 1851(e) of the Social Security Act (42 
     U.S.C. 1395w-21(e)) is amended--
       (A) in paragraph (2)(B)--
       (i) in the heading, by striking ``for first 6 months'';
       (ii) in clause (i)--
       (I) by striking ``the first 6 months of 2006'' and 
     inserting ``2006''; and
       (II) by striking ``the first 6 months during 2006'' and 
     inserting ``2006'';
       (iii) in clause (ii), by inserting ``(other than during 
     2006)'' after ``paragraph (3)''; and
       (iv) in clause (iii), by striking ``2006'' and inserting 
     ``2007''; and
       (B) in paragraph (4), by striking ``2006'' and inserting 
     ``2007'' each place it appears.
       (2) Section 1860D-1(b)(1)(B)(iii) of the Social Security 
     Act (42 U.S.C. 1395w-101(b)(1)(B)(iii)) is amended by 
     striking ``subparagraphs (B) and (C) of paragraph (2)'' and 
     inserting ``paragraph (2)(C)''.
       (c) The amendments made by this section shall take effect 
     as if included in the enactment of the Medicare Prescription 
     Drug, Improvement, and Modernization Act of 2003 (Public Law 
     108-173).
                                 ______
                                 
  SA 2201. Mr. NELSON of Florida submitted an amendment intended to be 
proposed by him to the bill H.R. 3010, making appropriations for the 
Departments of Labor, Health and Human Services, and Education, and 
Related Agencies for the fiscal year ending September 30, 2006, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. ADVANCE DIRECTIVES.

       (a) Findings.--Congress makes the following findings:
       (1) Every year 2,500,000 people die in the United States. 
     Eighty percent of those people die in institutions such as 
     hospitals, nursing homes, and other facilities. Chronic 
     illnesses, such as cancer and heart disease, account for 2 
     out of every 3 deaths.
       (2) In January 2004, a study published in the Journal of 
     the American Medical Association concluded that many people 
     dying in institutions have unmet medical, psychological, and 
     spiritual needs. Moreover, family members of decedents who 
     received care at home with hospice services were more likely 
     to report a favorable dying experience.
       (3) In 1997, the Supreme Court of the United States, in its 
     decisions in Washington v. Glucksberg and Vacco v. Quill, 
     reaffirmed the constitutional right of competent adults to 
     refuse unwanted medical treatment. In those cases, the Court 
     stressed the use of advance directives as a means of 
     safeguarding that right should those adults become incapable 
     of deciding for themselves.
       (4) A study published in 2002 estimated that the overall 
     prevalence of advance directives is between 15 and 20 percent 
     of the general population, despite the passage of the Patient 
     Self-Determination Act in 1990, which requires that health 
     care providers tell patients about advance directives.
       (5) Competent adults should complete advance care plans 
     stipulating their health care decisions in the event that 
     they become unable to speak for themselves. Through the 
     execution of advance directives, including living wills and 
     durable powers of attorney for health care according to the 
     laws of the State in which they reside, individuals can 
     protect their right to express their wishes and have them 
     respected.
       (b) Purposes.--The purposes of this section are to improve 
     access to information about individuals' health care options 
     and legal rights for care near the end of life, to promote 
     advance care planning and decisionmaking so that individuals' 
     wishes are known should they become unable to speak for 
     themselves, to engage health care providers in disseminating 
     information about and assisting in the preparation of advance 
     directives, which include living wills and durable powers of 
     attorney for health care, and for other purposes.
       (c) Medicare Coverage of End-of-Life Planning and 
     Consultations as Part of Initial Preventive Physical 
     Examination.--
       (1) In general.--Section 1861(ww) of the Social Security 
     Act (42 U.S.C. 1395x(ww)) is amended--
       (A) in paragraph (1), by striking ``paragraph (2),'' and 
     inserting ``paragraph (2) and the end-of-life care services 
     described in paragraph (3),''; and
       (B) by adding at the end the following new paragraph:
       ``(3) The end-of-life care services described in this 
     paragraph include a discussion between the provider and the 
     individual of end-of-life care for the purpose of informing 
     the individual receiving such an examination regarding--
       ``(A) situations where an advance directive might be 
     beneficial;
       ``(B) medical options available to such individual with 
     respect to end-of-life care;
       ``(C) coverage of hospice care under this title; and
       ``(D) such other issues relevant to end-of-life care as the 
     provider determines are appropriate.''.
       (2) Effective date.--The amendments made by paragraph (1) 
     shall apply to initial preventive physical examinations 
     provided on or after the date that is 60 days after the date 
     of enactment of this Act.
       (d) Improvement of Policies Related to the Use and 
     Portability of Advance Directives.--
       (1) Medicare.--Section 1866(f) of the Social Security Act 
     (42 U.S.C. 1395cc(f)) is amended--
       (A) in paragraph (1)--
       (i) in subparagraph (B), by inserting ``and if presented by 
     the individual (or on behalf of the individual), to include 
     the content of such advance directive in a prominent part of 
     such record'' before the semicolon at the end;
       (ii) in subparagraph (D), by striking ``and'' after the 
     semicolon at the end;
       (iii) in subparagraph (E), by striking the period at the 
     end and inserting ``; and''; and
       (iv) by inserting after subparagraph (E) the following new 
     subparagraph:
       ``(F) to provide each individual with the opportunity to 
     discuss issues relating to the information provided to that 
     individual pursuant to subparagraph (A) with an appropriately 
     trained professional.'';
       (B) in paragraph (3), by striking ``a written'' and 
     inserting ``an''; and
       (C) by adding at the end the following new paragraph:
       ``(5)(A) In addition to the requirements of paragraph (1), 
     a provider of services, Medicare Advantage organization, or 
     prepaid or eligible organization (as the case may be) shall 
     give effect to an advance directive executed outside the 
     State in which such directive is presented, even one that 
     does not appear to meet the formalities of execution, form, 
     or language required by the State in which it is presented to 
     the same extent as such provider or organization would give 
     effect to an advance directive that meets such requirements, 
     except that a provider or organization may decline to honor 
     such a directive if the provider or organization can 
     reasonably demonstrate that it is not an authentic expression 
     of the individual's wishes concerning his or her health care. 
     Nothing in this paragraph shall be construed to authorize the 
     administration of medical treatment otherwise prohibited by 
     the laws of the State in which the directive is presented.
       ``(B) The provisions of this paragraph shall preempt any 
     State law to the extent such law is inconsistent with such 
     provisions. The provisions of this paragraph shall not 
     preempt any State law that provides for greater portability, 
     more deference to a patient's wishes, or more latitude in 
     determining a patient's wishes.''.
       (2) Medicaid.--Section 1902(w) of the Social Security Act 
     (42 U.S.C. 1396a(w)) is amended--
       (A) in paragraph (1)--
       (i) in subparagraph (B)--

       (I) by striking ``in the individual's medical record'' and 
     inserting ``in a prominent part of the individual's current 
     medical record''; and
       (II) by inserting ``and if presented by the individual (or 
     on behalf of the individual), to include the content of such 
     advance directive in a prominent part of such record'' before 
     the semicolon at the end;

       (ii) in subparagraph (D), by striking ``and'' after the 
     semicolon at the end;
       (iii) in subparagraph (E), by striking the period at the 
     end and inserting ``; and''; and
       (iv) by inserting after subparagraph (E) the following new 
     subparagraph:
       ``(F) to provide each individual with the opportunity to 
     discuss issues relating to the information provided to that 
     individual pursuant to subparagraph (A) with an appropriately 
     trained professional.'';
       (B) in paragraph (4), by striking ``a written'' and 
     inserting ``an''; and
       (C) by adding at the end the following paragraph:
       ``(6)(A) In addition to the requirements of paragraph (1), 
     a provider or organization (as the case may be) shall give 
     effect to an advance directive executed outside the State in 
     which such directive is presented, even one that does not 
     appear to meet the formalities of execution, form, or 
     language required by the State in which it is presented to 
     the same extent as such provider or organization would give 
     effect to an advance directive that meets such requirements, 
     except that a provider or organization may decline to

[[Page 23518]]

     honor such a directive if the provider or organization can 
     reasonably demonstrate that it is not an authentic expression 
     of the individual's wishes concerning his or her health care. 
     Nothing in this paragraph shall be construed to authorize the 
     administration of medical treatment otherwise prohibited by 
     the laws of the State in which the directive is presented.
       ``(B) The provisions of this paragraph shall preempt any 
     State law to the extent such law is inconsistent with such 
     provisions. The provisions of this paragraph shall not 
     preempt any State law that provides for greater portability, 
     more deference to a patient's wishes, or more latitude in 
     determining a patient's wishes.''.
       (3) Effective dates.--
       (A) In general.--Subject to subparagraph (B), the 
     amendments made by paragraphs (1) and (2) shall apply to 
     provider agreements and contracts entered into, renewed, or 
     extended under title XVIII of the Social Security Act (42 
     U.S.C. 1395 et seq.), and to State plans under title XIX of 
     such Act (42 U.S.C. 1396 et seq.), on or after such date as 
     the Secretary of Health and Human Services specifies, but in 
     no case may such date be later than 1 year after the date of 
     enactment of this Act.
       (B) Extension of effective date for state law amendment.--
     In the case of a State plan under title XIX of the Social 
     Security Act (42 U.S.C. 1396 et seq.) which the Secretary of 
     Health and Human Services determines requires State 
     legislation in order for the plan to meet the additional 
     requirements imposed by the amendments made by paragraph (2), 
     the State plan shall not be regarded as failing to comply 
     with the requirements of such title solely on the basis of 
     its failure to meet these additional requirements before the 
     first day of the first calendar quarter beginning after the 
     close of the first regular session of the State legislature 
     that begins after the date of enactment of this Act. For 
     purposes of the previous sentence, in the case of a State 
     that has a 2-year legislative session, each year of the 
     session is considered to be a separate regular session of the 
     State legislature.
       (e) Increasing Awareness of the Importance of End-of-Life 
     Planning.--Title III of the Public Health Service Act (42 
     U.S.C. 241 et seq.) is amended by adding at the end the 
     following new part:

``PART R--PROGRAMS TO INCREASE AWARENESS OF ADVANCE DIRECTIVE PLANNING 
                                 ISSUES

     ``SEC. 399Z-1. ADVANCE DIRECTIVE EDUCATION CAMPAIGNS AND 
                   INFORMATION CLEARINGHOUSES.

       ``(a) Advance Directive Education Campaign.--The Secretary 
     shall, directly or through grants awarded under subsection 
     (c), conduct a national public education campaign--
       ``(1) to raise public awareness of the importance of 
     planning for care near the end of life;
       ``(2) to improve the public's understanding of the various 
     situations in which individuals may find themselves if they 
     become unable to express their health care wishes;
       ``(3) to explain the need for readily available legal 
     documents that express an individual's wishes, through 
     advance directives (including living wills, comfort care 
     orders, and durable powers of attorney for health care); and
       ``(4) to educate the public about the availability of 
     hospice care and palliative care.
       ``(b) Information Clearinghouse.--The Secretary, directly 
     or through grants awarded under subsection (c), shall provide 
     for the establishment of a national, toll-free, information 
     clearinghouse as well as clearinghouses that the public may 
     access to find out about State-specific information regarding 
     advance directive and end-of-life decisions.
       ``(c) Grants.--
       ``(1) In general.--The Secretary shall use at least 60 
     percent of the funds appropriated under subsection (d) for 
     the purpose of awarding grants to public or nonprofit private 
     entities (including States or political subdivisions of a 
     State), or a consortium of any of such entities, for the 
     purpose of conducting education campaigns under subsection 
     (a) and establishing information clearinghouses under 
     subsection (b).
       ``(2) Period.--Any grant awarded under paragraph (1) shall 
     be for a period of 3 years.''.
       (f) GAO Study and Report on Establishment of National 
     Advance Directive Registry.--
       (1) Study.--The Comptroller General of the United States 
     shall conduct a study on the feasibility of a national 
     registry for advance directives, taking into consideration 
     the constraints created by the privacy provisions enacted as 
     a result of the Health Insurance Portability and 
     Accountability Act of 1996 (Public Law 104-191).
       (2) Report.--Not later than 18 months after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall submit to Congress a report on the study 
     conducted under paragraph (1) together with recommendations 
     for such legislation and administrative action as the 
     Comptroller General of the United States determines to be 
     appropriate.
       (g) Advance Directives at State Department of Motor 
     Vehicles.--Each State shall establish a program of providing 
     information on the advance directives clearinghouse 
     established pursuant to section 399Z-1 of the Public Health 
     Service Act, as added by subsection (e), to individuals who 
     are residents of the State at such State's department of 
     motor vehicles. Such program shall be modeled after the 
     program of providing information regarding organ donation 
     established at the State's department of motor vehicles, if 
     such State has such an organ donation program.
       (h) Effective Date.--Except as otherwise provided in this 
     section, this section and the amendments made by this section 
     shall take effect on the date of enactment of this Act.
                                 ______
                                 
  SA 2202. Mr. NELSON of Florida submitted an amendment intended to be 
proposed by him to the bill H.R. 3010, making appropriations for the 
Departments of Labor, Health and Human Services, and Education, and 
Related Agencies for the fiscal year ending September 30, 2006, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 178, after line 25, insert the following:
       Sec. __. None of the funds made available under this Act 
     may be used to pay the salaries or expenses of any officer or 
     employee of the Department of Health and Human Services to 
     provide payments under title XVIII of the Social Security Act 
     (42 U.S.C. 1395 et seq.) to a physician, practitioner (as 
     described in section 1842(b)(18)(C) of such Act (42 U.S.C. 
     1395u(b)(18)(C)), or other individual who charges their 
     patients membership or similar fees, or who requires the 
     purchase of services not covered under Medicare, as a 
     condition for the provision of covered services under such 
     title.
                                 ______
                                 
  SA 2203. Mrs. CLINTON (for herself and Mr. Schumer) submitted an 
amendment intended to be proposed by her to the bill H.R. 3010, making 
appropriations for the Departments of Labor, Health and Human Services, 
and Education, and Related Agencies for the fiscal year ending 
September 30, 2006, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the appropriate place, insert the following:
       Sec. __.(a) Notwithstanding any other provision of law, 
     $125,000,000 shall be available and shall remain available 
     until expended to replace the funds appropriated but not 
     expended under chapter 8 of division B of the Department of 
     Defense and Emergency Supplemental Appropriations for 
     Recovery from and Response to Terrorist Attacks on the United 
     States Act, 2002 (Public Law 107-117), and of such amount, 
     $50,000,000 shall be made available for payment to the New 
     York State Uninsured Employers Fund for reimbursement of 
     claims related to the terrorist attacks of September 11, 2001 
     and for reimbursement of claims related to the first response 
     emergency services personnel who were injured, were disabled, 
     or died due to such terrorist attacks, and $75,000,000 shall 
     be made available to the Centers for Disease Control and 
     Prevention upon enactment of this Act, and shall remain 
     available until expended, for purposes related to the 
     September 11, 2001 terrorist attacks. In expending such 
     funds, the Director of the Centers for Disease Control and 
     Prevention shall give first priority to the existing programs 
     coordinated by the Mount Sinai Center for Occupational and 
     Environmental Medicine, the Fire Department of New York City 
     Bureau of Health Services and Counseling Services Unit, the 
     New York City Police Foundation's Project COPE, Police 
     Organization Providing Peer Assistance, and the New York City 
     Department of Health and Mental Hygiene World Trade Center 
     Health Registry that administer baseline and follow-up 
     screening, clinical examinations, or long-term medical health 
     monitoring, analysis, or treatment for emergency services 
     personnel or rescue and recovery personnel, and shall give 
     secondary priority to similar programs coordinated by other 
     entities working with the State of New York and New York 
     City.
       (b) The amount provided under subsection (a) is designated 
     as an emergency request, pursuant to section 402 of H. Con. 
     Res. 95 (109th Congress).
                                 ______
                                 
  SA 2204. Ms. CANTWELL submitted an amendment intended to be proposed 
by her to the bill H.R. 3010, making appropriations for the Departments 
of Labor, Health and Human Services, and Education, and Related 
Agencies for the fiscal year ending September 30, 2006, and for other 
purposes; which was ordered to lie on the table; as follows:

         On page 112, strike lines 17 and 18, insert the 
     following:

     Workforce Investment Act of 1998; $2,790,806,000 plus 
     reimbursements, of which $1,791,518,000 (plus an additional 
     amount of $3,000,000 for workforce investment activities for 
     adults under chapter 5 of subtitle B of such Act) is 
     available for obli-* * *
                                 ______
                                 
  SA 2205. Mr. BAYH submitted an amendment intended to be proposed by

[[Page 23519]]

him to the bill H.R. 3010, making appropriations for the Departments of 
Labor, Health and Human Services, and Education, and Related Agencies 
for the fiscal year ending September 30, 2006, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place in title II, insert the following:
       Sec. __. Amounts appropriated in this title for the 
     preventive health and health services block grant program 
     under part A of title XIX of the Public Health Service Act 
     (42 U.S.C. 300w et seq.) shall be increased to $132,000,000.
                                 ______
                                 
  SA 2206. Mr. BAYH submitted an amendment intended to be proposed by 
him to the bill H.R. 3010, making appropriations for the Departments of 
Labor, Health and Human Services, and Education, and Related Agencies 
for the fiscal year ending September 30, 2006, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place in title II, insert the following:
       Sec. __. Amounts appropriated in this title for the global 
     disease detection program at the Centers for Disease Control 
     and Prevention shall be increased so that such program 
     receives $45,000,000.
                                 ______
                                 
  SA 2207. Mr. BAYH submitted an amendment intended to be proposed by 
him to the bill H.R. 3010, making appropriations for the Departments of 
Labor, Health and Human Services, and Education, and Related Agencies 
for the fiscal year ending September 30, 2006, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place in title II, insert the following:
       Sec. __. Amounts appropriated in this title for national 
     immunization programs under section 317 of the Public Health 
     Service Act (42 U.S.C. 247b) at the Centers for Disease 
     Control and Prevention shall be increased so that such 
     programs receives $748,000,000.
                                 ______
                                 
  SA 2208. Mr. BAYH submitted an amendment intended to be proposed by 
him to the bill H.R. 3010, making appropriations for the Departments of 
Labor, Health and Human Services, and Education, and Related Agencies 
for the fiscal year ending September 30, 2006, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 222, between lines 5 and 6, insert the following:
       Sec. 517. Notwithstanding clause (A) of the flush language 
     immediately following section 1905(a)(28) of the Social 
     Security Act, none of the funds made available in this Act 
     may be used by the Secretary of Health and Human Services to 
     withhold, suspend, disallow, or otherwise deny Federal 
     financial participation under section 1903(a) of such Act to 
     a State for the provision of items and services described in 
     section 1905(a) of such Act to children who are receiving 
     inpatient psychiatric hospital services for individuals under 
     age 21 under the State Medicaid plan that are provided 
     consistent with the requirements of title XIX of the Social 
     Security Act and such plan.
                                 ______
                                 
  SA 2209. Mr. BAYH submitted an amendment intended to be proposed by 
him to the bill H.R. 3010, making appropriations for the Departments of 
Labor, Health and Human Services, and Education, and Related Agencies 
for the fiscal year ending September 30, 2006, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place in title II, insert the following:
       Sec. __. Amounts made available under this title for 
     bioterrorism activities at the Centers for Disease Control 
     and Prevention shall be increased by $129,900,000, to be used 
     to restore amounts available for grants for State and local 
     capacity to the level provided for such grants for fiscal 
     year 2005.
                                 ______
                                 
  SA 2210. Mr. BAYH submitted an amendment intended to be proposed by 
him to the bill H.R. 3010, making appropriations for the Departments of 
Labor, Health and Human Services, and Education, and Related Agencies 
for the fiscal year ending September 30, 2006, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place in title II, insert the following:
       Sec. __. No amounts appropriated under this title for the 
     Office of the Secretary of Health and Human Services shall be 
     expended after January 1, 2006 unless the Secretary has 
     prepared and publicly issued a national pandemic preparedness 
     plan that--
       (1) designates a single official as being responsible for 
     Federal planning and response related to a national pandemic;
       (2) describes global and domestic pandemic surveillance 
     activities;
       (3) describes efforts to build domestic production capacity 
     to ensure a sufficient stockpile of vaccines and antivirals;
       (4) addresses potential demands for or shortages of medical 
     equipment and supplies such as antibiotics, ventilators, 
     masks, gloves, and ongoing medical treatment needs for 
     chronically ill individuals;
       (5) addresses surge capacity and support to State and local 
     governments;
       (6) addresses the potential effectiveness of measures such 
     as quarantine and the use of masks;
       (6) addresses the plan of the Secretary for educating the 
     public in advance of a pandemic;
       (7) describes how the Secretary will coordinate with 
     relevant government agencies to provide guidance to the 
     medical and business communities regarding travel, 
     transportation, the economy, business operations, and 
     schools; and
       (8) includes specific levels of funding for each element of 
     the plan.

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