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“(i) in connection with the provision of in section is required to exhaust administrative mand was supported by one-fifth of a surance, administrative services, or medical processes under sections 102 and 103 of the

quorum, so a recorded vote was orservices by such person to or for a group Bipartisan Consensus Managed Care Im

dered. health plan as defined in section 733), or provement Act of 1999, unless the injury to “(ii) that arises out of the arrangement by or death of such individual has occurred be

The vote was taken by electronic desuch person for the provision of such insur fore the completion of such processes.

vice. ance, administrative services, or medical “(4) CONSTRUCTION.—Nothing in this sub It was decided in the s Yeas .... 275 services by other persons. section shall be construed as

affirmative ....

Nays 151 “(B) LIMITATION ON PUNITIVE DAMAGES.

“(A) permitting a cause of action under “(i) IN GENERAL.—No person shall be liable State law for the failure to provide an item (110.13

[Roll No. 490] for any punitive, exemplary, or similar dam or service which is specifically excluded

AYES 275 ages in the case of a cause of action brought under the group health plan involved; under subparagraph (A) if“(B) as preempting a State law which re Abercrombie Frost

Minge “(I) it relates to an externally appealable quires an affidavit or certificate of merit in Ackerman

Gallegly

Mink decision (as defined in subsection (a)(2) of a civil action; or

Allen
Ganske

Moakley

Andrews “(C) permitting a cause of action or rem

Gejdenson

Mollohan section 103 of the Bipartisan Consensus Man

Bachus
Gephardt

Moore
aged Care Improvement Act of 1999);
edy under State law in connection with the

Baird
Gibbons

Moran (KS) “(II) an external appeal with respect to provision or arrangement of excepted bene

Baldacci
Gilchrest

Moran (VA) such decision was completed under such sec fits (as defined in section 733(c)), other than

Baldwin
Gilman

Morella tion 103; those described in section 733(c)(2)(A).

Barcia
Gonzalez

Murtha (III) in the case such external appeal was “(f) RULES OF CONSTRUCTION RELATING TO Barr

Gordon

Nadler initiated by the plan or issuer filing the re HEALTH CARE.—Nothing in this title shall be Barrett (WI) Graham

Napolitano quest for the external appeal, the request construed as

Bateman
Green (TX)

Neal
“(1) permitting the application of State

Becerra

Greenwood was filed on a timely basis before the date

Norwood
Bentsen
Gutierrez

Oberstar the action was brought or, if later, within 30 laws that are otherwise superseded by this

Berkley
Hall (OH)

Obey days after the date the externally appealable title and that mandate the provision of spe

Berman
Hall (TX)

Olver
decision was made; and
cific benefits by a group health plan (as de-

Berry

Hastings (FL) Ortiz “(IV) the plan or issuer complied with the fined in section 733(a)) or a multiple em Bilbray

Hefley

Owens determination of the external appeal entity ployer welfare arrangement (as defined in Bilirakis

Hill (IN)

Pallone upon receipt of the determination of the ex section 3(40)), or

Bishop
Hilliard

Pascrell ternal appeal entity. “(2) affecting any State law which regu Blagojevich Hinchey

Pastor

Blumenauer lates the practice of medicine or provision of

Hinojosa
The provisions of this clause supersede any

Payne
Boehlert
Hoeffel

Pelosi
State law or common law to the contrary. medical care, or affecting any action based

Bonior
Holden

Phelps “(ii) EXCEPTION.—Clause (i) shall not apply upon such a State law.”.

Bono
Holt

Pickett with respect to damages in the case of a (b) EFFECTIVE DATE.-The amendment

Borski
Hooley

Pomeroy cause of action for wrongful death if the ap made by subsection (a) shall apply to acts Boswell

Horn

Porter plicable State law provides (or has been con and omissions occurring on or after the date Boucher

Hoyer

Price (NC) strued to provide) for damages in such a of the enactment of this Act from which a Boyd

Hunter

Quinn cause of action which are only punitive or cause of action arises.

Brady (PA)
Hyde

Rahall

Inslee exemplary in nature.

Brady (TX)

Rangel SEC. 303. LIMITATIONS ON ACTIONS.

Brown (FL) Jackson (IL) Reyes “(C) PERSONAL INJURY DEFINED.-For pur Section 502 of the Employee Retirement

Brown (OH)

Jackson-Lee Reynolds poses of this subsection, the term “personal Income Security Act of 1974 (29 U.S.C. 1132) is

Callahan

(TX)

Rivers injury' means a physical injury and includes amended by adding at the end the following

Canady
Jefferson

Rodriguez an injury arising out of the treatment (or new subsection:

Cannon
Jenkins

Roemer failure to treat) a mental illness or disease. "(n)(1) Except as provided in this sub Capps

John

Ros-Lehtinen “(2) EXCEPTION FOR GROUP HEALTH PLANS, section, no action may be brought under sub Capuano

Johnson, E. B. Rothman EMPLOYERS, AND OTHER PLAN SPONSORS.section (a)(1)(B), (a)(2), or (a)(3) by a partici

Cardin
Jones (NC)

Roukema
Carson

Jones (OH) “(A) IN GENERAL.-Subject to subparagraph pant or beneficiary seeking relief based on

Roybal-Allard
Castle
Kanjorski

Rush
(B), paragraph (1) does not authorize
the application of any provision in section

Chambliss
Kelly

Sanchez “(i) any cause of action against a group 101, subtitle B, or subtitle D of title I of the

Clay
Kennedy

Sanders health plan or an employer or other plan Bipartisan Consensus Managed Care Im Clayton

Kildee

Sandlin sponsor maintaining the plan (or against an provement Act of 1999 (as incorporated under Clement

Kilpatrick Sawyer employee of such a plan, employer, or spon section 714).

Coble
Kind (WI)

Saxton sor acting within the scope of employment), “(2) An action may be brought under sub

Coburn
King (NY)

Schakowsky section (a)(1)(B), (a)(2), or (a)(3) by a partici

Condit
Kleczka

Scott
Conyers
Klink

Serrano “(ii) a right of recovery, indemnity, or con pant or beneficiary seeking relief based on

Cook
Kucinich

Sessions tribution by a person against a group health the application of section 101, 113, 114, 115,

Cooksey
La Falce

Shaw plan or an employer or other plan sponsor 116, 117, 119, or 118(3) of the Bipartisan Con Costello

Lampson

Shays (or such an employee) for damages assessed sensus Managed Care Improvement Act of Coyne

Lantos

Sherman against the person pursuant to a cause of ac 1999 (as incorporated under section 714) to Cramer

Larson

Sherwood tion under paragraph (1). the individual circumstances of that partici Crowley

La Tourette Shows “(B) SPECIAL RULE.–Subparagraph (A) pant or beneficiary, except that

Cummings
Leach

Sisisky

Danner shall not preclude any cause of action de “(A) such an action may not be brought or

Lee

Skelton
Davis (FL)
Levin

Slaughter scribed in paragraph (1) against group health maintained as a class action; and

Davis (IL)
Lewis (GA)

Smith (NJ) plan or an employer or other plan sponsor “(B) in such an action, relief may only pro Davis (VA) Lipinski

Smith (WA) (or against an employee of such a plan, em vide for the provision of (or payment of) ben DeFazio

LoBiondo

Snyder ployer, or sponsor acting within the scope of efits, items, or services denied to the indi DeGette

Lofgren

Spence employment) ifvidual participant or beneficiary involved

Delahunt
Lowey

Spratt “(i) such action is based on the exercise by (and for attorney's fees and the costs of the

DeLauro
Lucas (KY)

Stabenow the plan, employer, or sponsor (or employee)

Deutsch
Luther

Stark action, at the discretion of the court) and

Diaz-Balart of discretionary authority to make a deci

Maloney (CT) Stenholm shall not provide for any other relief to the

Dicks

Maloney (NY) Strickland sion on a claim for benefits covered under participant or beneficiary or for any relief to

Dingell
Markey

Stupak the plan or health insurance coverage in the any other person.

Dixon
Martinez

Sweeney case at issue; and (3) Nothing in this subsection shall be Doggett

Mascara

Tanner “(ii) the exercise by the plan, employer, or construed as affecting any action brought by Dooley

Matsui

Tauscher sponsor (or employee) of such authority re the Secretary.”.

Doyle

McCarthy (MO) Taylor (MS) sulted in personal injury or wrongful death. Page 102, line 20, and page 103, line 10, in

Duncan

McCarthy (NY) Thompson (CA)

Edwards “(C) EXCEPTION.—The exercise of discre sert "303," after “301,'.

McCollum

Thompson (MS) Engel

McDermott Thornberry tionary authority described in subparagraph

The bill, as amended, was ordered to

Eshoo
McGovern

Thurman (B)(i) shall not be construed to includebe engrossed and read a third time, was Etheridge

McHugh

Tierney “(i) the decision to include or exclude from

Evans read a third time by title.

McIntyre

Towns the plan any specific benefit;

Farr
McKinney

Traficant The question being put, viva voce, “(ii) any decision to provide extra-contrac

Fattah
McNulty

Turner Will the House pass said bill? tual benefits; or

Filner
Meehan

Udall (CO) “(iii) any decision not to consider the proThe SPEAKER pro tempore, Mr. Foley

Meek (FL)

Udall (NM)

Forbes
PEASE, announced that the yeas had

Meeks (NY) vision of a benefit while internal or external

Velazquez Ford

Menendez it.

Vento review is being conducted.

Frank (MA) Millender

Visclosky “(3) FUTILITY OF EXHAUSTION.-An indi Mr. BOEHNER demanded a recorded

Franks (NJ)

McDonald Vitter vidual bringing an action under this sub vote on passage of said bill, which de

Frelinghuysen Miller, George Walsh

or

[blocks in formation]

1110.16 ADJOURNMENT OVER

On motion of Mr. LAZIO, by unanimous consent,

Ordered, That when the House adjourns on Friday, October 8, 1999, it adjourn to meet on Tuesday, October 12, 1999, at 12:30 p.m. for "morning-hour debate".

River National Recreation Area in the State of Georgia; with an amendment (Rept. No. 106-369). Referred to the Committee of the Whole House on the State of the Union.

Mr. PORTER: Committee on Appropriations. H.R. 3037. A bill making appropriations for the Departments of Labor, Health and Human Services, and Education, and related agencies for the fiscal year ending September 30, 2000, and for other purposes (Rept. No. 106-370). Referred to the Committee of the Whole House on the State of the Union.

(110.17 CALENDAR WEDNESDAY BUSINESS

DISPENSED WITH On motion of Mr. LAZIO, by unanimous consent,

Ordered, That business in order for consideration on Wednesday, October 13, 1999, under clause 7, rule XV, the Calendar Wednesday rule, be dispensed with.

NOES—151
Aderholt
Goss

Pease
Archer
Green (WI)

Peterson (MN)
Armey
Gutknecht

Peterson (PA)
Baker
Hansen

Petri
Ballenger
Hastert

Pickering
Barrett (NE) Hastings (WA) Pitts
Bartlett
Hayes

Pombo
Barton
Hayworth

Pryce (OH)
Bass
Herger

Radanovich
Bereuter
Hill (MT)

Ramstad
Biggert
Hilleary

Regula
Bliley
Hobson

Riley
Blunt
Hoekstra

Rogan
Boehner
Hostettler

Rogers
Bonilla
Houghton

Rohrabacher
Bryant
Hutchinson

Royce
Burr
Isakson

Ryan (WI)
Burton
Istook

Ryun (KS)
Buyer

Johnson (CT) Salmon
Calvert

Johnson, Sam Sanford
Camp
Kasich

Schaffer
Campbell
Kingston

Sensenbrenner
Chabot

Knollenberg Shadegg Chenoweth-Hage Kolbe

Shimkus
Collins

Kuykendall Simpson
Combest
LaHood

Skeen
Cox
Largent

Smith (MI)
Crane
Latham

Smith (TX)
Cubin
Lazio

Souder
Cunningham Lewis (CA)

Stearns
Deal
Lewis (KY)

Stump
DeLay
Linder

Sununu
DeMint

Lucas (OK) Talent
Dickey
Manzullo

Tancredo
Doolittle
McCrery

Tauzin
Dreier
McInnis

Taylor (NC)
Dunn
McIntosh

Terry
Ehlers
McKeon

Thomas
Ehrlich
Metcalf

Thune
Emerson
Mica

Tiahrt
English

Miller (FL) Toomey
Everett

Miller, Gary Upton
Ewing
Myrick

Walden
Fletcher
Nethercutt

Watkins
Fossella
Ney

Watts (OK)
Fowler
Northup

Weller
Gekas
Nussle

Whitfield
Gillmor
Ose

Wicker
Goode
Oxley

Young (AK)
Goodlatte

Packard Goodling

Paul

NOT VOTING-8
Clyburn
Kaptur

Scarborough
Granger
Portman

Shuster
Hulshof

Sabo
So the bill was passed.

A motion to reconsider the vote whereby said bill was passed was, by unanimous consent, laid on the table.

Pursuant to House Resolution 323, the text of H.R. 2723 was added to the engrossment of H.R. 2990 and H.R. 2723 was laid on the table.

(110.18 LABOR, HHS, AND EDUCATION

APPROPRIATIONS Mr. YOUNG of Florida submitted a privileged report (Rept. No. 106-370) on the bill (H.R. 3037) making appropriations for the Departments of Labor, Health and Human Services, and Education, and related agencies for the fiscal year ending September 30, 2000, and for other purposes.

When said bill and report were referred to the Union Calendar and ordered printed.

Pursuant to clause 1 of rule XXI, all points of order were reserved.

(110.19 LEAVE OF ABSENCE

By unanimous consent, leave of absence was granted

To Ms. KAPTUR, for today; and

To Ms. GRANGER, for today after 3 p.m.

And then,

(110.22 PUBLIC BILLS AND RESOLUTIONS

Under clause 2 of rule XII, public bills and resolutions were introduced and severally referred, as follows:

By Mr. HANSEN: H.R. 3035. A bill to designate certain lands in the State of Utah as wilderness, and for other purposes; to the Committee on Resources.

By Mr. SHUSTER (for himself, Mr.

OBERSTAR, Mr. PETRI, and Mr.

RAHALL): H.R. 3036. A bill to provide for interim continuation of administration of motor carrier functions by the Federal Highway Administration; to the Committee on Transportation and Infrastructure.

By Mr. ANDREWS (for himself, Mr.

GRAHAM, and Mr. OWENS): H.R. 3038. A bill to amend the Fair Labor Standards Act of 1938 to clarify the exemption from the minimum wage and overtime compensation requirements of that Act for certain computer professionals; to the Committee on Education and the Workforce.

By Mr. BATEMAN: H.R. 3039. A bill to amend the Federal Water Pollution Control Act to assist in the restoration of the Chesapeake Bay, and for other purposes; to the Committee on Transportation and Infrastructure.

By Mrs. CHENOWETH-HAGE (for her

self, Mr. YOUNG of Alaska, Mr. DUN-
CAN, Mr. DOOLITTLE, Mr. PETERSON of
Pennsylvania, Mr. HILL of Montana,
Mr. SCHAFFER, Mr. SHERWOOD, and

Mr. HAYES): H.R. 3040. A bill to require the appointment of the Chief of the Forest Service by the President, by and with the advice and consent of the Senate; to the Committee on Agriculture.

By Mr. DEUTSCH: H.R. 3041. A bill to provide for a demonstration project to allow certain organizations that provide care under Medicare to purchase home-care services from self-employed caregivers through home-care referral agencies; to the Committee on Commerce, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

By Mr. GOODE: H.R. 3042. A bill to designate the facility of the United States Postal Service located at 1031 Volens Road in Nathalie, Virginia, as the “Susie A. Davis Post Office”; to the Committee on Government Reform.

By Mr. GREEN of Wisconsin: H.R. 3043. A bill to amend title 10, United States Code, to direct the Secretary of the Army to establish a combat artillery medal; to the Committee on Armed Services.

By Mr. HILL of Indiana (for himself,

Mr. DINGELL, Mr. FROST, Mr. DUNCAN,
Mr. CRAMER, Mr. PASTOR, Mr. ROE-
MER, Mr. SCOTT, Mr. STUPAK, Mr.
ETHERIDGE, Mr. BARRETT of Wis-
consin, Mr. SANDLIN, Ms. HOOLEY of
Oregon, Ms. CARSON, Mrs. TAUSCHER,
Mr. LARSON, Mrs. JONES of Ohio, Mr.
BAIRD, Mr. HOEFFEL, Mr. PHELPS, Mr.

(110.20 ADJOURNMENT

On motion of Mr. TAUZIN, pursuant to the special order heretofore agreed to, at 5 o'clock and 52 minutes p.m., the House adjourned until 10 o'clock a.m. on Friday, October 8, 1999.

(110.14 PERMISSION TO FILE

CONFERENCE REPORT On motion of Mr. LEWIS of California, by unanimous consent, the managers on the part of the House were granted permission until midnight Friday, October 8, 1999, to file a conference report on the bill (H.R. 2561) making appropriations for the Department of Defense for the fiscal year ending September 30, 2000, and for other purposes; together with a statement thereon, for printing in the Record under the rule.

(110.21 REPORTS OF COMMITTEES ON

PUBLIC BILLS AND RESOLUTIONS Under clause 2 of rule XIII, reports of committees were delivered to the Clerk for printing and reference to the proper calendar, as follows:

Mr. YOUNG of Alaska: Committee on Resources. H.R. 748. A bill to amend the Act that established the Keweenaw National Historical Park to require the Secretary of the Interior to consider nominees of various local interests in appointing members of the Keweenaw National Historical Parks Advisory Commission; with amendments (Rept. No. 106–367). Referred to the Committee of the Whole House on the State of the Union.

Mr. YOUNG of Alaska: Committee on Resources. H.R. 1615. A bill to amend the Wild and Scenic Rivers Act to extend the designation of a portion of the Lamprey River in New Hampshire as a recreational river to include an additional river segment (Rept. No. 106–368). Referred to the Committee of the Whole House on the State of the Union.

Mr. YOUNG of Alaska: Committee on Resources. H.R. 2140. A bill to improve protection and management of the Chattahooche

(110.15 HOUR OF MEETING

On motion of Mr. LAZIO, by unanimous consent,

GONZALEZ, Mr. LUCAS of Kentucky, acquired by individual retirement accounts close the Mississippi River Gulf Outlet; to Mr. Wu, and Mr. MOORE):

and other individually directed pension plan the Committee on Transportation and InfraH.R. 3044. A bill to provide grants to local accounts; to the Committee on Ways and structure. educational agencies to develop smaller Means.

265. Also, a memorial of the Legislature of schools; to the Committee on Education and

By Mr. WELDON of Pennsylvania (for the State of Louisiana, relative to House the Workforce.

himself and Mr. ANDREWS):

Concurrent Resolution No. 342 memorializing By Mr. LAZIO (for himself, Mr. BAR H.R. 3053. A bill to provide for assessments Congress to take measures which would

RETT of Wisconsin, Mrs. KELLY, Mr. and contingency planning relating to emerg allow receipients of Social Security benefits EHLERS, and Mr. MCHUGH):

ing missile threats to the United States; to and other government benefits to marry or H.R. 3045. A bill to amend title XIX of the

the Committee on Armed Services, and in remarry without fear of losing or experiSocial Security Act to extend the authority addition to the Committee on International encing a reduction in such benefits or other of State Medicaid fraud control units to in

Relations, for a period to be subsequently de adverse financial consequences; to the Comvestigate and prosecute fraud in connection

termined by the Speaker, in each case for mittee on Ways and Means. with Federal health care programs and abuse

consideration of such provisions as fall with 266. Also, a memorial of the Legislature of of residents of board and care facilities; to

in the jurisdiction of the committee the State of Louisiana, relative to House the Committee on Commerce. concerned.

Concurrent Resolution No. 284 memorializing By Mr. LEACH (for himself, Mr. LA

By Mr. WEYGAND:

the United States Congress to take such acFALCE, Mrs. ROUKEMA, and Mr.

H.R. 3054. A bill to support the fiscal year tions as are necessary to allow social secuVENTO):

2000 proposed budget; to the Committee on rity recipients born between 1917 and 1921 to H.R. 3046. A bill to preserve limited FedBanking and Financial Services.

receive an equal amount of social security eral agency reporting requirements on bank

H.R. 3055. A bill to support the fiscal year benefits as those recipients born between ing and housing matters to facilitate con

2000 proposed budget; to the Committee on 1910 and 1916; to the Committee on Ways and gressional oversight and public accountBanking and Financial Services.

Means. ability, and for other purposes; to the Com

By Mr. DEAL of Georgia: mittee on Banking and Financial Services.

H. Con. Res. 194. Concurrent resolution rec

(110.24 PRIVATE BILLS AND By Mr. MATSUI (for himself, Mr. ognizing the contributions of 4-H Clubs and

RESOLUTIONS WELLER, Mr. ANDREWS, Mr. BENTSEN,

their members to

to voluntary community Mr. GEJDENSON, Mrs. KELLY, and Mr.

Under clause 3 of rule XII: service; to the Committee on Education and POMEROY): the Workforce.

Mr. FLETCHER introduced A bill H.R. 3047. A bill to amend the Employee

By Mr. LANTOS (for himself, Mr. SAW (H.R. 3056) for the relief of Margaret M. Retirement Income Security Act of 1974 and

YER, Mr. LAHOOD, Mr. BURTON of In

LeBus; which was referred to the Committee the Internal Revenue Code of 1986 to require

diana, Mr. WAXMAN, Mr. CONDIT, Ms.

on the Judiciary. plans which adopt amendments that signifi

DEGETTE, Mr. HOUGHTON, Mr. INSLEE, cantly reduce future benefit accruals to pro

(110.25 ADDITIONAL SPONSORS

Mr. JACKSON of Illinois, Mr. LIPINSKI, vide participants with adequate notice of the

Mrs. MYRICK, Mr. OXLEY, Mr. PACK Under clause 7 of rule XII, sponsors changes made by such amendments; to the Committee on Education and the Workforce,

ARD, Mr. SCHAFFER, Mr. UDALL of were added to public bills and resolu

Colorado, Mrs. MCCARTHY of New and in addition to the Committee on Ways

tions as follows: and Means, for a period to be subsequently

York, and Mr. SCARBOROUGH):

H.R. 72: Mr. TOWNS. determined by the Speaker, in each case for

H. Res. 324. A resolution supporting Na

H.R. 123: Mr. SHAYS and Mr. BATEMAN. consideration of such provisions as fall withtional Civility Week, Inc. in its efforts to re

H.R. 218: Mr. REYES. in the jurisdiction of the committee store civility, honesty, integrity, and re

H.R. 303: Mr. FLETCHER, Ms. PELOSI, and concerned. spectful consideration in the United States;

Mr. GOODLATTE. to the Committee on Government Reform. By Mr. MCCOLLUM:

H.R. 354: Mr. BASS, Mr. GALLEGLY, Mr. SESH.R. 3048. A bill to amend section 879 of

By Mr. LAFALCE (for himself, Mr.

SIONS, Mr. DOOLITTLE, Mr. MALONEY of Contitle 18, United States Code, to provide clear

NETHERCUTT, Ms. DEGETTE, and Mr.

necticut, Mr. TANCREDO, Mrs. BIGGERT, and er coverage over threats against former

WELDON of Pennsylvania):

Mr. BARR of Georgia. Presidents and members of their families,

H. Res. 325. A resolution expressing the

H.R. 460: Mr. POMBO and Mr. BARCIA. and for other purposes; to the Committee on sense of the House of Representatives regard

H.R. 688: Mr. KING. the Judiciary. ing the importance of increased support and

H.R. 699: Mr. WEXLER.
By Ms. MCKINNEY (for herself and Mr.
funding to combat diabetes; to the Com-

H.R. 718: Mr. BALLENGER.
ROHRABACHER):
mittee on Commerce.

H.R. 721: Mr. BRADY of Texas.
H.R. 3049. A bill to cancel the bilateral

H.R. 761: Mr. WEINER. debt owed to the United States by the heav(110.23 MEMORIALS

H.R. 864: Mr. STRICKLAND. ily indebted poor countries, to prohibit Under clause 3 of rule XII, memorials H.R. 1071: Mr. UNDERWOOD and Mr. United States funding of the International

were presented and referred as follows: COSTELLO. Monetary Fund until debt owed to the Inter

H.R. 1103: Mr. FILNER.

261. The SPEAKER presented a memorial national Monetary Fund by the heavily in

H.R. 1180: Mr. HALL of Ohio, Mr. LATHAM, debted poor countries has been canceled, and of the Legislature of the State of Louisiana,

and Mr. BURTON of Indiana. relative to House Concurrent Resolution No. for other purposes; to the Committee on

H.R. 1248: Mr. RAHALL and Mr. SANDLIN. Banking and Financial Services, and in addi222 memorializing the United States Con

H.R. 1274: Mr. MCGOVERN and Ms. JACKSONtion to the Committee on International Regress to continue to support and fund the

LEE of Texas. lations, for a period to be subsequently deUnited States-Asia Environmental Partner

H.R. 1285: Mr. LOBIONDO. termined by the Speaker, in each case for ship, the Environmental Partnership, the

H.R. 1304: Mr. MORAN of Kansas and Mrs.

for consideration of such provisions as fall withEnvironmental Technology Network

EMERSON in the jurisdiction of

Asia, and the Council of State Governments' the committee

H.R. 1325: Mr. RAMSTAD. concerned. State Environmental Initiative; to the Com

H.R. 1329: Mr. SHERWOOD.
By Mr. SPRATT (for himself, Mr.
mittee on International Relations.

H.R. 1362: Ms. LEE.
SPENCE, and Mr. SKELTON):
262. Also, a memorial of the Legislature of

H.R. 1389: Mr. DIAZ-BALART.
H.R. 3050. A bill to provide for the post-

the State of Louisiana, relative to House H.R. 1482: Mr. EVANS. humous advancement of Rear Admiral (re

Concurrent Resolution No. 257 memorializing H.R. 1590: Mr. QUINN. tired) Husband E. Kimmel and Major General

the Congress of the U.S. to limit the appel H.R. 1592: Ms. DUNN. (retired) Walter C. Short on the retired lists

late jurisdiction of the federal courts regard H.R. 1606: Mr. SHAYS. of their respective services; to the Com ing the specific medical partice of partial H.R. 1640: Mr. BRADY of Texas, Ms. mittee on Armed Services.

birth abortions; to the Committee on the Ju STABENOW, Mr. ABERCROMBIE, Mr. GONZALEZ, By Mr. UDALL of New Mexico (for diciary.

Mr. MENENDEZ, Mr. MEEKS of New York, Mr. himself, Mr. SKEEN, Mrs. WILSON, Mr. 263. Also, a memorial of the Legislature of

LAMPSON, Mr. DOYLE, and Mr. LAFALCE. KILDEE, Mr. HAYWORTH, Mr. KENNEDY

the State of Louisiana, relative to House H.R. 1644: Mr. EDWARDS. of Rhode Island, Mr. YOUNG of Alas Concurrent Resolution No. 56 memorializing H.R. 1708: Mr. BOYD, Mr. BARTLETT of ka, Mr. GEORGE MILLER of California,

the United States Congress to appropriate Maryland, and Ms. STABENOW. and Mr. BECERRA):

sufficient funds to install lighting on Inter H.R. 1732: Mr. KIND and Mr. WATT of North H.R. 3051. A bill to direct the Secretary of state Highway 10 and Interstate Highway 310 Carolina. the Interior, the Bureau of Reclamation, to in the vacinity of the intersection of Jeffer H.R. 1754: Mr. HALL of Texas. conduct a feasibility study on the Jicarilla son Parish, and St. Charles Parish, Lou H.R. 1777: Mr. REYES. Apache Reservation in the State of New isiana; to the Committee on Transportation H.R. 1785: Mr. FILNER, Mr. MCDERMOTT, and Mexico, and for other purposes; to the Com and Infrastructure.

Mr. FRANK of Massachusetts. mittee on Resources.

264. Also, a memorial of the Legislature of H.R. 1870: Mr. DUNCAN, Mr. SCHAFFER, and By Mr. VITTER:

the State of Louisiana, relative to House Mr. MCHUGH. H.R. 3052. A bill to amend the Internal Rev Concurrent Resolution No. 266 memorializing H.R. 1987: Mr. ISAKSON, Mrs. NORTHUP, Mr. enue Code of 1986 to allow certain coins to be the U.S. Congress to appoint a task force to HERGER, Mr. HEFLEY, Mr. ROGAN, Mr. BUR

September 30, 2000, and for other purposes (Rept. No. 106–371). Ordered to be printed.

H. Con. Res. 166: Mr. SESSIONS.

H. Con. Res. 186: Mr. CALVERT, Mr. COLLINS, Mr. MICA, Mr. POMBO and Mr. RADANOVICH.

H. Con. Res. 189: Mr. KUYKENDALL.
H. Con. Res. 190: Mr. PACKARD.
H. Res. 82: Mr. THOMPSON of California.
H. Res. 213: Mr. KLECZKA.

H. Res. 298: Mr. HOYER, Ms. ROYBAL-ALLARD, Mr. CONDIT, Mr. ENGEL, Mr. HALL of Ohio, Mr. MOAKLEY, Mr. POMEROY and Mr. SKELTON.

H. Res. 303: Mr. CALVERT, Mr. LARGENT and Mr. GILLMOR.

H. Res. 315: Mr. FARR of California, Mr. WAXMAN, Mr. DIXON, Ms. PELOSI, Mr. GEORGE MILLER of California, Mr. CLAY, Mr. FROST, Mr. PORTMAN and Ms. ROYBAL-ALLARD.

(110.26 DELETIONS OF SPONSORS FROM

PUBLIC BILLS AND RESOLUTIONS Under clause 7 of rule XII, sponsor was deleted from the public resolutions as follows:

H. Con. Res. 189: Mr. UNDERWOOD.

FRIDAY, OCTOBER 8, 1999 (111) (111.1 APPOINTMENT OF SPEAKER PRO

TEMPORE The House was called to order by the SPEAKER pro tempore, Mr. PEASE, who laid before the House the following communication:

WASHINGTON, DC,

October 8, 1999. I hereby appoint the Honorable EDWARD A. PEASE to act as Speaker pro tempore on this day.

J. DENNIS HASTERT, Speaker of the House of Representatives.

TON of Indiana, Mr. PICKERING, Mr. KNOLLEN-
BERG, and Mr. PETERSON of Pennsylvania.

H.R. 1990: Mr. DOYLE and Mr. BACHUS.
H.R. 1998: Mr. WATKINS and Mr. MCINNIS.
H.R. 2059: Mr. FORBES.
H.R. 2068: Mr. VITTER.
H.R. 2100: Mr. TOOMEY.
H.R. 2106: Mrs. CAPPS.

H.R. 2121: Ms. WATERS, Mr. UDALL of Colorado, and Mr. LUTHER.

H.R. 2162: Mr. ROYCE.
H.R. 2221: Mr. DELAY.
H.R. 2247: Mr. STUMP.
H.R. 2282: Mr. ARMEY.
H.R. 2294: Mrs. LOWEY.
H.R. 2300: Mr. CHABOT and Mr. SHADEGG.
H.R. 2370: Mrs. LOWEY.
H.R. 2387: Mr. ETHERIDGE and Ms. LOFGREN.

H.R. 2418: Mr. SANFORD, Mrs. MINK of Hawaii, and Mr. LOBIONDO.

H.R. 2451: Mr. CALVERT.

H.R. 2463: Mr. THOMPSON of Mississippi and Mr. RANGEL.

H.R. 2500: Ms. PELOSI and Ms. MCKINNEY.

H.R. 2505: Mrs. TAUSCHER and Mrs. JONES of Ohio.

H.R. 2534: Mr. CALVERT.

H.R. 2539: Mr. ROHRABACHER and Mr. PACKARD.

H.R. 2541: Mr. WICKER, Mr. SHOWS, Mr. PICKERING, and Mr. THOMPSON of Mississippi.

H.R. 2573: Mr. WEINER and Mr. UNDERWOOD. H.R. 2640: Mr. BARCIA.

H.R. 2655: Mr. YOUNG of Alaska and Mr. MICA.

H.R. 2660: Mr. PETERSON of Minnesota.

H.R. 2662: Mrs. MALONEY of New York, Ms. EDDIE BERNICE JOHNSON of Texas, Mr. SHAYS, Mr. RANGEL, Mr. THOMPSON of Mississippi, and Mr. LEWIS of Georgia.

H.R. 2687: Mr. SHAYS.
H.R. 2711: Mr. RANGEL.

H.R. 2733: Ms. EDDIE BERNICE JOHNSON of Texas and Mr. LIPINSKI.

H.R. 2735: Mr. MCCRERY.
H.R. 2749: Mr. DOOLITTLE.
H.R. 2759: Mr. DOYLE.
H.R. 2783: Mr. FOSSELLA and Mr. OXLEY.
H.R. 2785: Mr. BLAGOJEVICH.

H.R. 2798: Mr. GALLEGLY, Mr. GREENWOOD, Mr. DIXON, Mrs. CAPPS, and Mr. KUYKENDALL.

H.R. 2801: Mr. WU. Mr. SCOTT. and Ms. SANCHEZ.

H.R. 2807: Mr. OWENS.
H.R. 2814: Mr. MATSUI.
H.R. 2383: Mr. HINCHEY.
H.R. 2870: Mrs. LOWEY.
H.R. 2899: Mr. HINOJOSA and Mr. BERMAN.

H.R. 2907: Mr. DEAL of Georgia, Ms. MCKINNEY, and Mr. GEORGE MILLER of California.

H.R. 2925: Mr. WALSH, Mr. GILMAN, Mr. PICKERING, Mr. THOMPSON of Mississippi, Mr. KING Mr. ENGLISH, and Mr. CANADY of Florida.

H.R. 2934: Mr. KENNEDY of Rhode Island.

H.R. 2939: Mr. ENGLISH, Mr. CAMPBELL, Mr. HINCHEY, and Mr. JACKSON of Illinois.

H.R. 2960: Mr. TANCREDO.

H.R. 2962: Mrs. TAUSCHER, Mr. GEORGE MILLER of California, and Mr. MARTINEZ.

H.R. 2966: Mr. BARCIA, Mr. BILBRAY, Mr. BONIOR, Mr. CUNNINGHAM, Ms. DANNER, Mr. EHRLICH, Mrs. EMERSON, Mr. FILNER, Mr. PETERSON of Minnesota, Mr. PICKERING, Mr. RAHALL, Mr. ROGAN, and Mr. THOMPSON of Mississippi.

H.R. 2991: Mr. POMEROY, Mr. ENGLISH, Mr. OSE, Mr. HAYES, Mr. FOLEY, Mr. MORAN of Kansas, and Mrs. EMERSON.

H.R. 2999: Mr. FROST.
H.J. Res. 48: Mr. MINGE and Mr. LARSON.
H.J. Res. 56: Mr. FOSSELLA.
H.J. Res. 70: Mr. BROWN of Ohio.

H. Con. Res. 51: Mr. MCGOVERN and Mr. WOLF.

H. Con. Res. 89: Mr. HALL of Texas and Mr. HORN.

H. Con. Res. 141: Mr. FARR of California, Mrs. KELLY, Ms. NORTON, Ms. BALDWIN, Mr. KING and Ms. MILLENDER-MCDONALD.

(111.2 APPROVAL OF THE JOURNAL

The SPEAKER pro tempore, Mr. PEASE, announced he had examined and approved the Journal of the proceedings of Thursday, October 7, 1999.

Pursuant to clause 1, rule I, the Journal was approved.

(111.6 DISCHARGE OF COMMITTEE

Pursuant to clause 5 of rule X, the Committee on Commerce discharged. H.R. 354 referred to the Committee of the Whole House on the State of the Union, and ordered to be printed.

Pursuant to clause 5 of rule X, the Committee on the Judiciary discharged. H.R. 1858 referred to the Committee of the Whole House on the State of the Union, and ordered to be printed.

Pursuant to clause 5 of rule X, the Committee on the Judiciary discharged. H.R. 2130 referred to the Committee of the Whole House on the State of the Union, and ordered to be printed. (111.7 MEMORIALS

Under clause 3 of rule XII, memorials were presented and referred as follows:

267. The SPEAKER presented a memorial of the Legislature of the State of Louisiana, relative to House Concurrent Resolution No. 205 memorializing the United States Congress to amend federal law relating to the compensation of retired military personnel to permit full, concurrent receipt of military longevity pay and service-connected disability compensation pay; to the Committee on Armed Services.

268. Also, a memorial of the Legislature of the State of Louisiana, relative to House Concurrent Resolution No. 157 memorializing the United States Congress to take such actions as are necessary to ensure that the United States military service personnel under the age of twenty-one are not sent to participate in any combat operations carried out by ground troops in Yugoslavia; to the Committee on Armed Services.

269. Also, a memorial of the Legislature of the State of Louisiana, relative to House Concurrent Resolution No. 215 memorializing the U.S. Congress to condemn and reject an article in the July 1998 Psychological Association (Vol. 124, No. 1, pp. 22–53) which suggests that sexual relations between adults and children may not always be harmful to children; to the Committee on Education and the Workforce.

270. Also, a memorial of the Legislature of the State of Louisiana, relative to House Concurrent Resolution No. 185 memorializing the United States Congress to restore budget cuts to the U.S. Geological Survey's water resources programs, particularly the StateFederal Cooperative program; to the Committee on Resources.

271. Also, a memorial of the Legislature of the State of Louisiana, relative to House Concurrent Resolution No. 159 memorializing the United States Congress to support the efforts of United States Senators MARY LANDRIEU and JOHN BREAUX and United States Representatives CHRIS JOHN, BILLY TAUZIN, JIM MCCRERY, WILLIAM JEFFERSON, and JOHN COOKSEY to enact the Conservation and Reinvestment Act of 1999; to the Committee on Resources.

272. Also, a memorial of the Legislature of the State of Louisiana, relative to House Concurrent Resolution No. 107 memorializing the United States Congress to amend the Federal Migratory Bird Conservation Act to authorize certain states to issue temporary federal duck stamp privileges through electronic license issuance systems; to the Committee on Resources.

273. Also, a memorial of the Legislature of the State of Louisiana, relative to House Concurrent Resolution No. 216 memorializing the United States Congress to take such actions as are necessary to adequately fund

(111.3 COMMUNICATIONS

Executive communication, pursuant to clause 2, rule XIV, was referred as follows:

4711. A communication from the President of the United States, transmitting a report to Congress, consistent with the War Powers Resolution, regarding U.S. military forces in East Timor; (H. Doc. No. 106–141); to the Committee on International Relations and ordered to be printed.

And then,

(111.4 ADJOURNMENT

On motion of Mr. WOLF, pursuant to the special order agreed to on Thursday, October 7, 1999, at 10 o'clock and 40 minutes a.m., the House adjourned until 12:30 p.m. on Tuesday, October 12, 1999.

(111.5 REPORTS OF COMMITTEES ON

PUBLIC BILLS AND RESOLUTIONS Under clause 2 of rule XIII, reports of committees were delivered to the Clerk for printing and reference to the proper calendar, as follows:

Mr. LEWIS of California: Committee of Conference. Conference report on H.R. 2561. A bill making appropriations for the Department of Defense for the fiscal year ending

and staff the DeRidder Automated Flight Service Station; to the Committee on Transportation and Infrastructure.

274. Also, a memorial of the Legislature of the State of Louisiana, relative to House Concurrent Resolution No. 134 memorializing the United States Congress to enact legislation to allow Louisiana to impose requirements on the storage and transportation of hazardous materials by rail car that are more stringent than federal requirements; to the Committee on Transportation and Infrastructure.

275. Also, a memorial of the Legislature of the State of Louisiana, relative to House Concurrent Resolution No. 197 memorializing the Congress of the United States to preserve the right of state and local govenments to operate pension plans for their employees in the federal social security system and to develop legislation for responsible reform of the federal social security system that does not include mandatory participation by employees of state and local governements; to the Committee on Ways and Means.

276. Also, a memorial of the Legislature of the State of Louisiana, relative to House Concurrent Resolution No. 128 memorializing the United States Congress to enact the Estuary Habitat Restoration Partnership Act; jointly to the Committees on Transportation and Infrastructure and Resources. (111.8 ADDITIONAL SPONSORS

Under clause 7 of the rule XII, sponsors were added to public bills and resolutions as follows:

H.R. 8: Ms. BERKLEY.
H.R. 809: Mr. MCHUGH.
H.R. 2822: Mr. GOODE.

S. 1567. An Act to designate the United States courthouse located at 223 Broad Street in Albany, Georgia, as the “C.B. King United States Courthouse."

S. 1595. An Act to designate the United States courthouse at 401 West Washington Street in Phoenix, Arizona, as the “Sandra Day O'Connor United States Courthouse."

The message also announced that pursuant to Public Law 105–277, the Chair, on behalf of the Majority Leader, announces the appointment of the following individuals to serve as members of the Parents Advisory Council on Youth Drug Abuse

Robert L. Maginnis, of Virginia (twoyear term); and

June Martin Milam, of Mississippi (Representative of a Non-Profit Organization) (three-year term). (112.3 “MORNING-HOUR DEBATE"

The SPEAKER pro tempore, Mrs. BIGGERT, pursuant to the order of the House of Tuesday, January 19, 1999, recognized Members for “morning-hour debate".

(112.4 RECESS—1:03 P.M.

The SPEAKER pro tempore, Mrs. BIGGERT, pursuant to clause 12 of rule I, declared the House in recess at 1 o'clock 3 minutes p.m. until 2 o'clock p.m.

(112.5 AFTER RECESS—2 P.M.

The SPEAKER pro tempore, Mr. STEARNS, called the House to order.

TUESDAY, OCTOBER 12, 1999 (112) (112.1 APPOINTMENT OF SPEAKER PRO

TEMPORE The House was called to order at 12:30 p.m. by the SPEAKER pro tempore, Mrs. BIGGERT, who laid before the House the following communication:

WASHINGTON, DC,

October 12, 1999. I hereby appoint the Honorable JUDY BIGGERT to act as Speaker pro tempore on this day.

J. DENNIS HASTERT, Speaker of the House of Representatives. (112.2 MESSAGE FROM THE SENATE

A message from the Senate by Mrs. McDevitt, one of its clerks, announced that the Senate had passed without amendment a bill of the House of the following title:

H.R. 560. An Act to designate the Federal building and United States courthouse located at the intersection of Comercio and San Justo Streets, in San Juan, Puerto Rico, as the “José V. Toledo Federal Building and United States Courthouse”.

The message also announced that the Senate had passed with amendments in which the concurrence of the House is requested, a bill of the House of the following title:

H.R. 858. An Act to amend title 11, District of Columbia Code, to extend coverage under the whistleblower protection provisions of the District of Columbia Comprehensive Merit Personnel Act of 1978 to personnel of the courts of the District of Columbia.

The message also announced that the Senate has passed bills of the following titles in which concurrence of the House is requested:

(112.6 APPROVAL OF THE JOURNAL

The SPEAKER pro tempore, Mr. STEARNS, announced he had examined and approved the Journal of the proceedings of Friday, October 8, 1999.

Pursuant to clause 1, rule I, the Journal was approved. (112.7 COMMUNICATIONS

Executive and other communications, pursuant to clause 2, rule XIV, were referred as follows:

4712. A letter from the Administrator, Food Safety and Inspection Service, Department of Agriculture, transmitting the Department's final rule-Scale Requirements for Accurate Weights, Repairs, Adjustments, and Replacement After Inspection-received October 8, 1999, pursuant

1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Agriculture.

4713. A letter from the Manager, Federal Crop Insurance Corporation, Department of Agriculture, transmitting the Department's final rule-General Administrative Regulations; Interpretations of Statutory and Regulatory Provisions (RIN: 0563-AB74) received October 5, 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Agriculture.

4714. A letter from the Administrator, Agricultural Marketing Service, Department of Agriculture, transmitting the Department's final rule—Avocados Grown in South Florida and Imported Avocados; Revision of the Maturity Requirements for Fresh Avocados [Docket No. FV99–915–2FR] received October 5, 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Agriculture.

4715. A letter from the Office of the Under Secretary, Department of the Navy, transmitting notification of a decision to study certain functions performed by military and civilian personnel in the Department of the

Navy for possible performance by private contractors, pursuant to 10 U.S.C. 2461; to the Committee on Armed Services.

4716. A letter from the Director, Regulations Policy and Management Staff, FDA, Department of Health and Human Services, transmitting the Department's final ruleFood Labeling: Declaration of Ingredients [Docket No. 98P-0968] received October 6, 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Commerce.

4717. A letter from the Director, Regulations Policy and Management Staff, FDA, Department of Health and Human Services, transmitting the Department's final ruleInternal Analgesic, Antipyretic, and Antirheurmatic Drug Products for Over-theCounter Human Use; Final Rule for Professional Labeling of Aspirin, Buffered Aspirin, and Aspirin in Combination with Antacid Drug Products; Technical Amendments [Docket No. 77N-094A) received October 6, 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Commerce.

4718. A letter from the Director, Office of Regulatory Management and Information, Environmental Protection Agency, transmitting the Agency's final rule-Approval and Promulgation of Air Quality Implementation Plans; Delaware; 15 Percent Rate of Progress Plan (DE027-1027a; FRL-6453–5] received October 5, 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Commerce.

4719. A letter from the Director, Office of Regulatory Management and Information, Environmental Protection Agency, transmitting the Agency's final rule-Approval and Promulgation of Air Quality Implementation Plans; Texas Redesignation Request and Maintenance Plan for the Collin Country Lead Nonattainment Area [TX-112-1-7421a; FRL-6449-5] received October 5, 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Commerce.

4720. A letter from the Director, Office of Regulatory Management and Information, Environmental Protection Agency, transmitting the Agency's final rule-Approval and Promulgation of Implementation Plans: Approval of Revisions to the North Carolina State Implementation Plan [NC-083-1-9938a; FRL-6453-8] received October 5, 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Commerce.

4721. A letter from the Director, Office of Regulatory Management and Information, Environmental Protection Agency, transmitting the Agency's final rule—Massachusetts: Final Authorization of State Hazardous Waste Management Program Revision [FRL6454–1] received October 5, 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Commerce.

4722. A letter from the Special Assistant to the Bureau Chief, Mass Media Bureau, Federal Communications Commission, transmitting the Commission's final rule-Amendment of Section 73.202(b), Table of Allotments, FM Broadcast Stations (Wellsville and Canaseraga, New York) [MM Docket No. 98-207, RM–9408, RM-9497] received October 7, 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Commerce.

4723. A letter from the Special Assistatnt to the Bureau Chief, Mass Media Bureau, Federal Communications Commission, transmitting the Commission's final rule Amendment of Section 73.202(b). Table of Allotments, FM Broadcast Stations (Choteau, Montana) [MM Docket No. 99–219 RM–9638] (Hubbardston, Michigan) [MM Docket No. 99 80 RM-9493] (Ingram, Texas) [MM Docket No. 99-235 RM-9643] (Parowan, Utah) [MM Docket No. 99-224 RM-9605) (Toquerville, Utah) [MM Docket No. 99–226 RM-9603] (Valier, Montana) [MM Docket No.

No. 99-228 RM-9612] (Washburn, Wisconsin) [MM Docket No. 99-18 RM-9414] (Breckenridge, Texas) [MM Docket No. 99-243 RM-9675] (Alberton, Montana)

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