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TREASURY AND GENERAL GOVERNMENT APPROPRIATIONS ACT, 2000 -- (House of Representatives - July 15, 1999)

   So let me just conclude by saying this is a conscience clause. Let me say it again. It is a conscience clause that is good, solid. It is rooted in boilerplate language that we find in other parts of the U.S. Code. I urge a strong no vote on the Lowey amendment and a yes vote on the Smith amendment.

   Federal Statutes Protecting Moral and Religious Convictions

   8 U.S.C. 1182(g). Bond and conditions for admission of alien excludable on health-related grounds. The Attorney General may waive the application of ... subsection (a)(1)(A)(ii) of this section [requiring documentation of having received vaccination against certain diseases] in the case of any alien ... under such circumstances as the Attorney General provides by regulation, with respect to whom the requirement of such a vaccination would be contrary to the alien's religious beliefs or moral convictions....

   18 U.S.C. 3597(b). Excuse of an employee on moral or religious grounds. No employee of any State department of corrections, the United States Department of Justice, the Federal Bureau of Prisons, or the United States Marshals Service, and no employee providing services to that department, bureau, or service under contract shall be required, as a condition of that employment or contractual obligation, to be in attendance at or to participate in any prosecution or execution under this section if such participation is contrary to the moral or religious convictions of the employee. In this subsection, ``participation in executions'' includes personal preparation of the condemned individual and the apparatus used for execution and supervision of the activities of other personnel in carrying out such activities.

   21 U.S.C. 848(r). Refusal to participate by State and Federal correctional employees. No employee of any State department of corrections or the Federal Bureau of Prisons and no employee providing services to that department or bureau under contract shall be required, as a condition of that employment, or contractual obligation to be in attendance at or to participate in any execution carrier out under this section if such participation is contrary to the moral or religious convictions of the employee. For purposes of this subsection, the term ``participation in executions'' includes personal preparation of the condemned individual and the apparatus used for execution and supervision of the activities of other personnel in carrying out such activities.

   42 U.S.C. 300a-7(b). Prohibition of public officials and public authorities from imposition of certain requirements contrary to religious beliefs or moral convictions. The receipt of any grant, contract, loan, or loan guarantee under the Public Health Service Act [42 U.S.C. 201 et seq.], the Community Mental Health Centers Act [42 U.S.C. 2689 et seq.], or the Developmental Disabilities Services and Facilities Construction Act [42 U.S.C. 6000 et seq.] by any individual or entity does not authorize any court or any public official or other public authority to require--

   (1) such individual to perform or assist in the performance of any sterilization procedure or abortion if his performance or assistance in the performance of such procedure or abortion would be contrary to his religious beliefs or moral convictions; or

   (2) such entity to----

   (A) make its facilities available for the performance of any sterilization procedure or abortion if the performance of such procedure or abortion in such facilities is prohibited by the entity on the basis of religious beliefs or moral convictions, or

   (B) provide any personnel for the performance or assistance in the performance of any sterilization procedure or abortion if the performance or assistance in the performance of such procedure or abortion by such personnel would be contrary to the religious beliefs or moral convictions of such personnel.

   42 U.S.C. 300a-7(c). Discrimination prohibition. (1) No entity which receives a grant, contract, loan, or loan guarantee under the Public Health Service Act [42 U.S.C. 201 et seq.], the Community Mental Health Centers Act [42 U.S.C. 2689 et seq.], or the Developmental Disabilities Services and Facilities Construction Act [42 U.S.C. 6000 et seq.] after June 18, 1973 may----

   (A) discriminate in the employment, promotion, or termination of employment of any physician or other health care personnel, or

   (B) discriminate in the extension of staff or other privileges to any physician or other health care personnel,

   because he performed or assisted in the performance of a lawful sterilization procedure or abortion, because he refused to perform or assist in the performance of such a procedure or abortion on the grounds that his performance or assistance in the performance of the procedure or abortion would be contrary to his religious beliefs or moral convictions, or because of his religious beliefs or moral convictions respecting sterilization procedures or abortions.

   (2) No entity which receives after July 12, 1974, a grant or contract for biomedical or behavioral research under any program administered by the Secretary of Health and Human Services may----

   (A) discriminate in the employment, promotion, or termination of employment of any physician or other health care personnel, or

   (B) discriminate in the extension of staff or other privileges to any physician or other health care personnel,

   because he performed or assisted in the performance of any lawful health service or research activity, because he refused to perform or assist in the performance of any such service or activity on the grounds that his performance or assistance in the performance of such service or activity would be contrary to his religious beliefs or moral convictions, or because of his religious beliefs or moral convictions respecting any such service or activity.

   42 U.S.C. 300a-7(d). Individual rights respecting certain requirements contrary to religious] beliefs or moral convictions. No individual shall be required to perform or assist in the performance of any part of a health service program or research activity funded in whole or in part under a program administered by the Secretary of Health and Human Services if his performance or assistance in the performance of such part of such program or activity would be contrary to his religious beliefs or moral convictions.

   42 U.S.C. 300a-7(e). Prohibition on entities receiving Federal grant, etc., from discriminating against applicants for training or study because of refusal of applicant to participate on religious or moral grounds. No entity which receives, after September 29, 1979, any grant, contract, loan, loan guarantee, or interest subsidy under the Public Health Service Act [42 U.S.C. 201 et seq.], the Community Mental Health Centers Act [42 U.S.C. 2689 et seq.], or the Developmental Disabilities Assistance and Bill of Rights Act [42 U.S.C. 6000 et seq.] may deny admission or otherwise discriminate against any applicant (including applicants for internships and residencies) for training or study because of the applicant's reluctance, or willingness, to counsel, suggest, recommend, assist, or in any way participate in the performance of abortions or sterilizations contrary to or consistent with the applicant's religious beliefs or moral convictions.

   42 U.S.C. 1395w-22(j)(3)(B). Conscience protection. Subparagraph (A) [prohibiting interference with provider advice to enrollees] shall not be construed as requiring a Medicare + Choice plan to provide, reimburse for, or provide coverage of a counseling or referral service if the Medicare + Choice organization offering the plan--(i) objects to the provision of such service on moral or religious grounds; and (ii) in the manner and through the written instrumentalities such Medicare + Choice organization deems appropriate, makes available information on its policies regarding such service to prospective enrollees before or during enrollment and to enrollees within 90 days after the date that the organization or plan adopts a change in policy regarding such a counseling or referral service.

   42 U.S.C. 1396u-2(b)(3). Construction. Subparagraph (A) [protecting enrollee-provider communications] shall not be construed as requiring a medicaid managed care organization to provide, reimburse for, or provide coverage of, a counseling or referral service if the organization (i) objects to the provisions of such service on moral or religious grounds; and (ii) in the manner and through the written instrumentalities such organization deems appropriate, makes available information on its policies regarding such service to prospective enrollees before or during enrollment and to enrollees within 90 days after the date that the organization adopts a change in policy regarding such a counseling or referral service.

   42 U.S.C. 2996f(b). Limitations on uses. No funds made available by the [Legal Services] Corporation under this subchapter, either by grant or contract, may be used ..... (8) to provide legal assistance with respect to any proceeding or litigation which seeks to procure a nontherapeutic abortion or to compel any individual or institution to perform an abortion, or assist in the performance of an abortion, or provide facilities for the performance of an abortion, contrary to the religious beliefs or moral convictions of such individual or institution.

   Mr. Chairman, I yield back the balance of my time.

   The CHAIRMAN. The question is on the amendment offered by the gentlewoman from New York (Mrs. LOWEY) to the amendment offered by the gentleman from New Jersey (Mr. SMITH).

   The question was taken; and the Chairman announced that the noes appeared to have it.

   Mrs. LOWEY. Mr. Chairman, I demand a recorded vote.

   The CHAIRMAN. Pursuant to House Resolution 246, further proceedings on the amendment offered by the gentlewoman from New York (Mrs. LOWEY) to the amendment offered by the gentleman from New Jersey (Mr. SMITH) will be postponed.

   SEQUENTIAL VOTES POSTPONED IN COMMITTEE OF THE WHOLE

   The CHAIRMAN. Pursuant to House Resolution 246, proceedings will now resume on those amendments on which further proceedings were postponed in the following order: The amendment offered by gentleman from Texas (Mr. SESSIONS), the amendment offered by the gentlewoman from New York (Mrs. LOWEY), and the amendment offered by the gentleman from New Jersey (Mr. SMITH).

   The Chair will reduce to 5 minutes the time for any electronic vote after the first vote in this series.

   AMENDMENT NO. 10 OFFERED BY MR. SESSIONS

   The CHAIRMAN. The pending business is the demand for a recorded vote on the amendment offered by the gentleman from Texas (Mr. SESSIONS) on which further proceedings were postponed and on which the noes prevailed by voice vote.

   The Clerk will redesignate the amendment.

   The Clerk redesignated the amendment.

   RECORDED VOTE

   The CHAIRMAN. A recorded vote has been demanded.

   A recorded vote was ordered.

   The vote was taken by electronic device, and there were--ayes 82, noes 334, not voting 18, as follows:

[Roll No. 302]
AYES--82

   Aderholt

   Barcia

   Bartlett

   Berkley

   Berry

   Bono

   Boswell

   Brady (TX)

   Bryant

   Chabot

   Combest

   Cook

   Crane

   Danner

   DeMint

   Duncan

   Dunn

   Emerson

   Everett

   Fletcher

   Fossella

   Gibbons

   Goode

   Graham

   Green (WI)

   Hall (TX)

   Hansen

   Hastings (WA)

   Hayworth

   Hefley

   Hill (IN)

   Hilleary

   Jenkins

   Johnson, Sam

   Jones (NC)

   Kasich

   Kelly

   Kind (WI)

   Kucinich

   Largent

   Lewis (KY)

   LoBiondo

   Lucas (KY)

   Manzullo

   McCollum

   Metcalf

   Mica

   Moran (KS)

   Myrick

   Nethercutt

   Paul

   Pryce (OH)

   Radanovich

   Ramstad

   Riley

   Rogan

   Ryun (KS)

   Salmon

   Sanders

   Sanford

   Schaffer

   Sensenbrenner

   Sessions

   Shimkus

   Shows

   Skeen

   Stabenow

   Stearns

   Stump

   Tancredo

   Taylor (MS)

   Thornberry

   Thune

   Tiahrt

   Toomey

   Turner

   Udall (CO)

   Upton

   Vitter

   Wamp

   Watkins

   Wu

NOES--334

   Abercrombie

   Ackerman

   Allen

   Andrews

   Archer

   Armey

   Bachus

   Baird

   Baker

   Baldacci

   Ballenger

   Barr

   Barrett (NE)

   Barrett (WI)

   Barton

   Bass

   Bateman

   Becerra

   Bentsen

   Bereuter

   Berman

   Biggert

   Bilbray

   Bilirakis

   Bishop

   Blagojevich

   Bliley

   Blumenauer

   Blunt

   Boehlert

   Boehner

   Bonilla

   Bonior

   Borski

   Boucher

   Boyd

   Brady (PA)

   Brown (FL)

   Brown (OH)

   Burr

   Buyer

   Callahan

   Calvert

   Camp

   Campbell

   Canady

   Cannon

   Capps

   Capuano

   Cardin

   Carson

   Castle

   Chambliss

   Clay

   Clayton

   Clement

   Clyburn

   Coburn

   Collins

   Condit

   Conyers

   Costello

   Cox

   Coyne

   Cramer

   Crowley

   Cubin

   Cummings

   Cunningham

   Davis (FL)

   Davis (IL)

   Davis (VA)

   Deal

   DeFazio

   DeGette

   Delahunt

   DeLauro

   DeLay

   Deutsch

   Diaz-Balart

   Dickey

   Dicks

   Dingell

   Dixon

   Doggett

   Dooley

   Doolittle

   Doyle

   Dreier

   Edwards

   Ehlers

   Ehrlich

   Engel

   English

   Eshoo

   Etheridge

   Evans

   Ewing

   Farr

   Filner

   Foley

   Forbes

   Ford

   Fowler

   Frank (MA)

   Franks (NJ)

   Frelinghuysen

   Gallegly

   Ganske

   Gekas

   Gephardt

   Gillmor

   Gilman

   Gonzalez

   Goodlatte

   Goodling

   Gordon

   Goss

   Granger

   Green (TX)

   Greenwood

   Gutierrez

   Gutknecht

   Hall (OH)

   Hastings (FL)

   Hayes

   Herger

   Hill (MT)

   Hilliard

   Hinchey

   Hinojosa

   Hobson

   Hoeffel

   Hoekstra

   Holden

   Holt

   Hooley

   Horn

   Hostettler

   Houghton

   Hoyer

   Hulshof

   Hunter

   Hutchinson

   Hyde

   Inslee

   Isakson

   Istook

   Jackson (IL)

   Jackson-Lee (TX)

   Jefferson

   John

   Johnson (CT)

   Johnson, E. B.

   Jones (OH)

   Kanjorski

   Kaptur

   Kennedy

   Kildee

   Kilpatrick

   King (NY)

   Kingston

   Kleczka

   Klink

   Knollenberg

   Kolbe

   Kuykendall

   LaFalce

   LaHood

   Lampson

   Lantos

   Larson

   LaTourette

   Lazio

   Leach

   Lee

   Levin

   Lewis (CA)

   Lewis (GA)

   Linder

   Lipinski

   Lofgren

   Lowey

   Lucas (OK)


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