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"(i) in connection with the provision of insurance, administrative services, or medical services by such person to or for a group health plan as defined in section 733), or

"(ii) that arises out of the arrangement by such person for the provision of such insurance, administrative services, or medical services by other persons.

"(B) LIMITATION ON PUNITIVE DAMAGES.— "(i) IN GENERAL.-No person shall be liable for any punitive, exemplary, or similar damages in the case of a cause of action brought under subparagraph (A) if—

"(I) it relates to an externally appealable decision (as defined in subsection (a)(2) of section 103 of the Bipartisan Consensus Managed Care Improvement Act of 1999);

"(II) an external appeal with respect to such decision was completed under such section 103;

"(III) in the case such external appeal was initiated by the plan or issuer filing the request for the external appeal, the request was filed on a timely basis before the date the action was brought or, if later, within 30 days after the date the externally appealable decision was made; and

"(IV) the plan or issuer complied with the determination of the external appeal entity upon receipt of the determination of the external appeal entity.

The provisions of this clause supersede any State law or common law to the contrary.

"(ii) EXCEPTION.-Clause (i) shall not apply with respect to damages in the case of a cause of action for wrongful death if the applicable State law provides (or has been construed to provide) for damages in such a cause of action which are only punitive or exemplary in nature.

"(C) PERSONAL INJURY DEFINED.-For purposes of this subsection, the term 'personal injury' means a physical injury and includes an injury arising out of the treatment (or failure to treat) a mental illness or disease. "(2) EXCEPTION FOR GROUP HEALTH PLANS, EMPLOYERS, AND OTHER PLAN SPONSORS.— "(A) IN GENERAL.-Subject to subparagraph (B), paragraph (1) does not authorize

"(i) any cause of action against a group health plan or an employer or other plan sponsor maintaining the plan (or against an employee of such a plan, employer, or sponsor acting within the scope of employment),

or

“(ii) a right of recovery, indemnity, or contribution by a person against a group health plan or an employer or other plan sponsor (or such an employee) for damages assessed against the person pursuant to a cause of action under paragraph (1).

(A)

"(B) SPECIAL RULE.-Subparagraph shall not preclude any cause of action described in paragraph (1) against group health plan or an employer or other plan sponsor (or against an employee of such a plan, employer, or sponsor acting within the scope of employment) if—

"(i) such action is based on the exercise by the plan, employer, or sponsor (or employee) of discretionary authority to make a decision on a claim for benefits covered under the plan or health insurance coverage in the case at issue; and

"(ii) the exercise by the plan, employer, or sponsor (or employee) of such authority resulted in personal injury or wrongful death. "(C) EXCEPTION. The exercise of discretionary authority described in subparagraph (B)(i) shall not be construed to include

"(i) the decision to include or exclude from the plan any specific benefit;

"(ii) any decision to provide extra-contractual benefits; or

"(iii) any decision not to consider the provision of a benefit while internal or external review is being conducted.

"(3) FUTILITY OF EXHAUSTION.-An individual bringing an action under this sub

section is required to exhaust administrative processes under sections 102 and 103 of the Bipartisan Consensus Managed Care Improvement Act of 1999, unless the injury to or death of such individual has occurred before the completion of such processes.

"(4) CONSTRUCTION.-Nothing in this subsection shall be construed as

"(A) permitting a cause of action under State law for the failure to provide an item or service which is specifically excluded under the group health plan involved;

"(B) as preempting a State law which requires an affidavit or certificate of merit in a civil action; or

"(C) permitting a cause of action or remedy under State law in connection with the provision or arrangement of excepted benefits (as defined in section 733(c)), other than those described in section 733(c)(2)(A).

"(f) RULES OF CONSTRUCTION RELATING TO HEALTH CARE.-Nothing in this title shall be construed as—

"(1) permitting the application of State laws that are otherwise superseded by this title and that mandate the provision of specific benefits by a group health plan (as defined in section 733(a)) or a multiple employer welfare arrangement (as defined in section 3(40)), or

"(2) affecting any State law which regulates the practice of medicine or provision of medical care, or affecting any action based upon such a State law.".

(b) EFFECTIVE DATE.-The amendment made by subsection (a) shall apply to acts and omissions occurring on or after the date of the enactment of this Act from which a cause of action arises.

SEC. 303. LIMITATIONS ON ACTIONS.

Section 502 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1132) is amended by adding at the end the following new subsection:

"(n)(1) Except as provided in this subsection, no action may be brought under subsection (a)(1)(B), (a)(2), or (a)(3) by a participant or beneficiary seeking relief based on the application of any provision in section 101, subtitle B, or subtitle D of title I of the Bipartisan Consensus Managed Care Improvement Act of 1999 (as incorporated under section 714).

"(2) An action may be brought under subsection (a)(1)(B), (a)(2), or (a)(3) by a participant or beneficiary seeking relief based on the application of section 101, 113, 114, 115, 116, 117, 119, or 118(3) of the Bipartisan Consensus Managed Care Improvement Act of 1999 (as incorporated under section 714) to the individual circumstances of that participant or beneficiary, except that

"(A) such an action may not be brought or maintained as a class action; and

"(B) in such an action, relief may only provide for the provision of (or payment of) benefits, items, or services denied to the individual participant or beneficiary involved. (and for attorney's fees and the costs of the action, at the discretion of the court) and shall not provide for any other relief to the participant or beneficiary or for any relief to any other person.

"(3) Nothing in this subsection shall be construed as affecting any action brought by the Secretary.".

Page 102, line 20, and page 103, line 10, insert "303," after "301,".

The bill, as amended, was ordered to be engrossed and read a third time, was read a third time by title.

The question being put, viva voce, Will the House pass said bill? The SPEAKER pro tempore, Mr. PEASE, announced that the yeas had it.

Mr. BOEHNER demanded a recorded vote on passage of said bill, which de

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Ordered, That when the House adjourns today, it adjourn to meet at 10 o'clock a.m. on Friday, October 8, 1999. 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".

1110.17 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.

¶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.

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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. ¶110.21 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

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. 1110.22 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 Re

sources.

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.

GONZALEZ, Mr. LUCAS of Kentucky,
Mr. Wu, and Mr. MOORE):

H.R. 3044. A bill to provide grants to local educational agencies to develop smaller schools; to the Committee on Education and the Workforce.

By Mr. LAZIO (for himself, Mr. BAR-
RETT of Wisconsin, Mrs. KELLY, Mr.
EHLERS, and Mr. MCHUGH):

H.R. 3045. A bill to amend title XIX of the Social Security Act to extend the authority of State Medicaid fraud control units to investigate and prosecute fraud in connection with Federal health care programs and abuse of residents of board and care facilities; to the Committee on Commerce.

By Mr. LEACH (for himself, Mr. LA-
FALCE, Mrs. ROUKEMA, and Mr.
VENTO):

H.R. 3046. A bill to preserve limited Federal agency reporting requirements on banking and housing matters to facilitate congressional oversight and public accountability, and for other purposes; to the Committee on Banking and Financial Services.

By Mr. MATSUI (for himself, Mr.
WELLER, Mr. ANDREWS, Mr. BENTSEN,
Mr. GEJDENSON, Mrs. KELLY, and Mr.
POMEROY):

H.R. 3047. A bill to amend the Employee Retirement Income Security Act of 1974 and the Internal Revenue Code of 1986 to require plans which adopt amendments that significantly reduce future benefit accruals to provide participants with adequate notice of the changes made by such amendments; to the Committee on Education and the Workforce, 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. McCOLLUM:

H.R. 3048. A bill to amend section 879 of title 18, United States Code, to provide clearer coverage over threats against former Presidents and members of their families, and for other purposes; to the Committee on the Judiciary.

By Ms. MCKINNEY (for herself and Mr.
ROHRABACHER):

H.R. 3049. A bill to cancel the bilateral debt owed to the United States by the heavily indebted poor countries, to prohibit United States funding of the International Monetary Fund until debt owed to the International Monetary Fund by the heavily indebted poor countries has been canceled, and for other purposes; to the Committee on Banking and Financial Services, and in addition to the Committee on International Relations, 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. SPRATT (for himself, Mr.
SPENCE, and Mr. SKELTON):

H.R. 3050. A bill to provide for the posthumous advancement of Rear Admiral (retired) Husband E. Kimmel and Major General (retired) Walter C. Short on the retired lists of their respective services; to the Committee on Armed Services.

By Mr. UDALL of New Mexico (for himself, Mr. SKEEN, Mrs. WILSON, Mr. KILDEE, Mr. HAYWORTH, Mr. KENNEDY of Rhode Island, Mr. YOUNG of Alaska, Mr. GEORGE MILLER of California, and Mr. BECERRA):

H.R. 3051. A bill to direct the Secretary of the Interior, the Bureau of Reclamation, to conduct a feasibility study on the Jicarilla Apache Reservation in the State of New Mexico, and for other purposes; to the Committee on Resources.

By Mr. VITTER:

H.R. 3052. A bill to amend the Internal Revenue Code of 1986 to allow certain coins to be

acquired by individual retirement accounts and other individually directed pension plan accounts; to the Committee on Ways and Means.

By Mr. WELDON of Pennsylvania (for himself and Mr. ANDREWS):

H.R. 3053. A bill to provide for assessments and contingency planning relating to emerging missile threats to the United States; to the Committee on Armed Services, and in addition to the Committee on International Relations, 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. WEYGAND:

H.R. 3054. A bill to support the fiscal year 2000 proposed budget; to the Committee on Banking and Financial Services.

H.R. 3055. A bill to support the fiscal year 2000 proposed budget; to the Committee on Banking and Financial Services.

By Mr. DEAL of Georgia:

H. Con. Res. 194. Concurrent resolution recognizing the contributions of 4-H Clubs and their members to voluntary community service; to the Committee on Education and the Workforce.

By Mr. LANTOS (for himself, Mr. SAW-
YER, Mr. LAHOOD, Mr. BURTON of In-
diana, Mr. WAXMAN, Mr. CONDIT, Ms.
DEGETTE, Mr. HOUGHTON, Mr. INSLEE,
Mr. JACKSON of Illinois, Mr. LIPINSKI,
Mrs. MYRICK, Mr. OXLEY, Mr. PACK-
ARD, Mr. SCHAFFER, Mr. UDALL of
Colorado, Mrs. MCCARTHY of New
York, and Mr. SCARBOROUGH):

H. Res. 324. A resolution supporting National Civility Week, Inc. in its efforts to restore civility, honesty, integrity, and respectful consideration in the United States; to the Committee on Government Reform. By Mr. LAFALCE (for himself, Mr. NETHERCUTT, MS. DEGETTE, and Mr. WELDON of Pennsylvania):

H. Res. 325. A resolution expressing the sense of the House of Representatives regarding the importance of increased support and funding to combat diabetes; to the Committee on Commerce.

1110.23 MEMORIALS

Under clause 3 of rule XII, memorials were presented and referred as follows: 261. The SPEAKER presented a memorial of the Legislature of the State of Louisiana, relative to House Concurrent Resolution No. 222 memorializing the United States Congress to continue to support and fund the United States-Asia Environmental Partnership, the Environmental Partnership, the for Environmental Technology Network Asia, and the Council of State Governments' State Environmental Initiative; to the Committee on International Relations.

262. Also, a memorial of the Legislature of the State of Louisiana, relative to House Concurrent Resolution No. 257 memorializing the Congress of the U.S. to limit the appellate jurisdiction of the federal courts regarding the specific medical partice of partialbirth abortions; to the Committee on the Judiciary.

263. Also, a memorial of the Legislature of the State of Louisiana, relative to House Concurrent Resolution No. 56 memorializing the United States Congress to appropriate sufficient funds to install lighting on Interstate Highway 10 and Interstate Highway 310 in the vacinity of the intersection of Jefferson Parish, and St. Charles Parish, Louisiana; to the Committee on Transportation and Infrastructure.

264. Also, a memorial of the Legislature of the State of Louisiana, relative to House Concurrent Resolution No. 266 memorializing the U.S. Congress to appoint a task force to

close the Mississippi River Gulf Outlet; to the Committee on Transportation and Infrastructure.

265. Also, a memorial of the Legislature of the State of Louisiana, relative to House Concurrent Resolution No. 342 memorializing Congress to take measures which would allow receipients of Social Security benefits and other government benefits to marry or remarry without fear of losing or experiencing a reduction in such benefits or other adverse financial consequences; to the Committee on Ways and Means.

266. Also, a memorial of the Legislature of the State of Louisiana, relative to House Concurrent Resolution No. 284 memorializing the United States Congress to take such actions as are necessary to allow social security recipients born between 1917 and 1921 to receive an equal amount of social security benefits as those recipients born between 1910 and 1916; to the Committee on Ways and Means.

1110.24 PRIVATE BILLS AND RESOLUTIONS

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H.R. 72: Mr. TOWNS.

H.R. 123: Mr. SHAYS and Mr. BATEMAN.
H.R. 218: Mr. REYES.

H.R. 303: Mr. FLETCHER, MS. PELOSI, and Mr. GOODLATTE.

H.R. 354: Mr. BASS, Mr. GALLEGLY, Mr. SESSIONS, Mr. DOOLITTLE, Mr. MALONEY of Connecticut, Mr. TANCREDO, Mrs. BIGGERT, and Mr. BARR of Georgia.

H.R. 460: Mr. POMBO and Mr. BARCIA.
H.R. 688: Mr. KING.

H.R. 699: Mr. WEXLER.

H.R. 718: Mr. BALLENGER.

H.R. 721: Mr. BRADY of Texas.

H.R. 761: Mr. WEINER.

H.R. 864: Mr. STRICKLAND.

H.R. 1071: Mr. UNDERWOOD and Mr. COSTELLO.

H.R. 1103: Mr. FILNER.

H.R. 1180: Mr. HALL of Ohio, Mr. LATHAM, and Mr. BURTON of Indiana.

H.R. 1248: Mr. RAHALL and Mr. SANDLIN. H.R. 1274: Mr. MCGOVERN and Ms. JACKSONLEE of Texas.

H.R. 1285: Mr. LOBIONDO.

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

H.R. 1325: Mr. RAMSTAD.
H.R. 1329: Mr. SHERWOOD.
H.R. 1362: Ms. LEE.

H.R. 1389: Mr. DIAZ-BALART.
H.R. 1482: Mr. EVANS.
H.R. 1590: Mr. QUINN.
H.R. 1592: Ms. DUNN.
H.R. 1606: Mr. SHAYS.

H.R. 1640: Mr. BRADY of Texas, Ms.
STABENOW, Mr. ABERCROMBIE, Mr. GONZALEZ,
Mr. MENENDEZ, Mr. MEEKS of New York, Mr.
LAMPSON, Mr. DOYLE, and Mr. LAFALCE.
H.R. 1644: Mr. EDWARDS.

H.R. 1708: Mr. BOYD, Mr. BARTLETT of Maryland, and MS. STABENOW.

H.R. 1732: Mr. KIND and Mr. WATT of North Carolina.

H.R. 1754: Mr. HALL of Texas.
H.R. 1777: Mr. REYES.

H.R. 1785: Mr. FILNER, Mr. MCDERMOTT, and Mr. FRANK of Massachusetts.

H.R. 1870: Mr. DUNCAN, Mr. SCHAFFER, and Mr. MCHUGH.

H.R. 1987: Mr. ISAKSON, Mrs. NORTHUP, Mr. HERGER, Mr. HEFLEY, Mr. ROGAN, Mr. BUR

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.

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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.

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. 1110.26 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.

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¶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.

1111.3 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,

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

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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

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.

TUESDAY, OCTOBER 12, 1999 (112) 1112.1 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. 1112.2 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:

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).

1112.3 "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".

1112.4 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.

1112.5 AFTER RECESS-2 P.M.

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

1112.7 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 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 ruleAmendment 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. 9980 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. 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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